[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Notices]
[Pages 3208-3210]
[FR Doc No: 2016-00976]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76821; File No. SR-OCC-2015-805]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of No Objection to Advance Notice Filing, as Modified by
Amendment Nos. 1, 2 and 3, Concerning The Options Clearing
Corporation's Non-Bank Liquidity Facility

January 4, 2016.
    On November 5, 2015, The Options Clearing Corporation (``OCC'')
filed with the Securities and Exchange Commission (``Commission'') the
advance notice SR-OCC-2015-805 pursuant to Section 806(e)(1) of the
Payment, Clearing, and Settlement Supervision Act of 2010 (``Payment,
Clearing and Settlement Supervision Act'') \1\ and Rule 19b-4(n)(1)(i)
under the Securities Exchange Act of 1934 (``Exchange Act'').\2\ On
November 11, 2015, OCC filed Amendment No.1 to the advance notice,
which amended and replaced in its entirety the advance notice as
originally submitted on November 5, 2015. On November 17, 2005, OCC
filed Amendment No. 2 to the advance notice, which partially amended
the advance notice as submitted on November 11, 2015. On November 24,
2015, OCC filed Amendment No. 3 to the advance notice, which amends and
replaces in its entirety the advance notice as submitted on November
11, 2015, and amended on November 17, 2015. The advance notice was
published for comment in the Federal Register on December 18, 2015.\3\
The Commission did not receive any comments on the advance notice
publication. This publication serves as a notice that the Commission
does not object to the changes set forth in the advance notice.
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    \1\ 12 U.S.C. 5465(e)(1). The Financial Stability Oversight
Council designated OCC a systemically important financial market
utility (``FMU'') on July 18, 2012. See Financial Stability
Oversight Council 2012 Annual Report, Appendix A, http://www.treasury.gov/initiatives/fsoc/Documents/2012%20Annual%20Report.pdf. Therefore, OCC is required to comply
with the Payment, Clearing, and Settlement Supervision Act and file
advance notices with the Commission. See 12 U.S.C. 5465(e).
    \2\ 17 CFR 240.19b-4(n)(1)(i).
    \3\ Securities Exchange Act Release No. 76641 (December 14,
2015), 80 FR 79114 (December 18, 2015) (SR-OCC-2015-805).
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I. Description of the Advance Notice

    OCC filed this advance notice to renew its non-bank liquidity
facility (``Non-Bank Liquidity Facility'') with certain proposed
changes. Specifically, OCC is proposing to: (i) Extend the existing
confirmation (``Existing Confirmation'') \4\ for one year under the
Master Repurchase Agreement (``MRA'') with the same terms and
conditions; (ii) enter into a second confirmation (``Second
Confirmation,'' and collectively with the Existing Confirmation,
``Confirmations'') under the MRA, also on the same terms and conditions
except with a June 2016 expiration date; and (iii) maintain, between
the Confirmations, an aggregate commitment amount of no less than $1
billion and no greater than $1.5 billion under the Non-Bank Liquidity
Facility with the existing institutional investor (``Counterparty'')
and its agent.\5\ According to OCC, the Second Confirmation has the
same terms, conditions, operations, and mechanics as the Existing
Confirmation, except for the expiration date and commitment amount.
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    \4\ The Existing Confirmation is the original $1 billion Master
Confirmation executed under the Master Repurchase Agreement, as
described in Securities Exchange Act Release No. 73979 (January 2,
2015), 80 FR 1062 (January 8, 2015) (SR-OCC-2014-809).
    \5\ OCC represents that it intends for the commitment amount of
the extended Existing Confirmation to be $500 million and the
commitment amount of the Second Confirmation to be $500 million. OCC
states that it will have the flexibility to change the commitment
amount of each Confirmation at each renewal provided that at all
times OCC would maintain the aggregate commitment level between the
two Confirmations under the Non-Bank Liquidity Facility at no less
than $1 billion and no greater than $1.5 billion. According to OCC,
the MRA and any effective Confirmation(s) constitute the Non-Bank
Liquidity Facility.
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    OCC also has requested that the Commission not object to its
proposal to renew the Existing Confirmation and the Second Confirmation
annually on the same terms and conditions \6\ with the same
Counterparty without filing an advance notice, provided that there has
been no negative change to the Counterparty's credit profile or the
Counterparty has not experienced a material adverse change (as defined
below) since entering into the Confirmations or the latest renewal of
the either Confirmation, whichever is later.
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    \6\ For the purposes of clarity, OCC states that it will not
consider changes to the costs of entering into a Confirmation, or
the rate of a transaction permitted under a Confirmation, to be a
change to a term or condition that will require the filing of a
subsequent advance notice filing provide that such costs or rate is
at the then prevailing market rate.
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Background

    OCC's overall liquidity plan includes access to a diverse set of
liquidity funding sources, which include bank borrowing arrangements
(i.e., OCC's syndicated credit facility \7\) and the Non-Bank Liquidity
Facility. OCC states that the Non-Bank Liquidity Facility is designed
to reduce the concentration of OCC's counterparty exposure in its
overall liquidity plan by diversifying its lender base among banks and
non-bank, non-clearing member institutional investors, such as pension
funds or insurance companies.
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    \7\ See Securities Exchange Act Release No. 76062 (October 1,
2015), 80 FR 64028 (October 22, 2015) (SR-OCC-2015-803).
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    The currently-approved Non-Bank Liquidity Facility is comprised of
two parts: The MRA and the Existing Confirmation, which contains
certain individualized terms and conditions of transactions executed
between OCC, an institutional investor and its agent. The MRA is
structured like a typical repurchase arrangement in which the buyer
(i.e., the Counterparty) purchases from OCC, from time to time, United
States government securities (``Eligible Securities'').\8\
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    \8\ OCC states that it will use United States government
securities that are included in clearing fund contributions by
clearing members and margin deposits of any clearing member that has
been suspended by OCC for the repurchase arrangements. Article VIII,
Section 5(e) of OCC's By-Laws and OCC Rule 1104(b) authorize OCC to
obtain funds from third parties through securities repurchases using
these sources. The officers who may exercise this authority include
the Executive Chairman and the President.
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    Under the arrangement, OCC, as the seller, transfers Eligible
Securities to the buyer in exchange for a payment by the buyer to OCC
in immediately available funds (``Purchase Price''). The buyer will
simultaneously agree to transfer the purchased securities back to OCC
at a specified later date (``Repurchase Date'') or on OCC's demand
against the transfer of funds by OCC to the buyer in an amount equal to
the outstanding Purchase Price plus the accrued and unpaid price
differential (together, ``Repurchase Price''), which is the interest
component of the Repurchase Price.
    The Confirmations establish tailored provisions of the actual
repurchase transactions permitted under the MRA. OCC provides that, by
entering into the Confirmation, the Counterparty is obligated to enter
repurchase transactions even if OCC experiences a material adverse
change,\9\ to make funds available to OCC within 60 minutes of OCC's
delivery of eligible securities, and to not rehypothecate purchased
securities.\10\ The Confirmations also set

forth the terms and maximum dollar amounts of the transaction permitted
under the MRA.
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    \9\ OCC represents that, in this context, a ``material adverse
change'' is defined as a change that would have a materially adverse
effect on the business or financial condition of a company.
    \10\ See Securities Exchange Act Release No. 73979 (January 2,
2015), 80 FR 1062 (January 8, 2015) (SR-OCC-2014-809).
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Extension of the Existing Confirmation

    To provide continued access to liquidity resources, OCC proposes to
extend the Existing Confirmation under the Non-Bank Liquidity Facility.
OCC represents that the extended Existing Confirmation will have the
same terms, conditions, operations, and mechanics as the Existing
Confirmation entered into under the Non-Bank Liquidity Facility, but
for the expiration date, which will be January 2017, and the commitment
amount, which will be $500 million.
    According to OCC, the extended Existing Confirmation will continue
to state that OCC is entitled to receive funds from the Non-Bank
Liquidity Facility within 60 minutes of requesting such monies and
delivering eligible securities. OCC also states that the buyer will not
be able to rehypothocate eligible securities sold to it in a Non-Bank
Liquidity Facility transaction, and OCC will be able to substitute
eligible securities held by the buyer. Additionally, OCC represents
that it will have early termination rights for any transaction entered
into under the Non-Bank Liquidity Facility as well as have additional
protections in the case of ``material adverse changes'' to OCC. For
example, OCC states that it will require that material adverse changes
to OCC, such as the failure of a clearing member, will not be deemed a
default event. OCC believes this provision is important because it
provides OCC with certainty of funding, even in adverse or difficult
market conditions. According to OCC, this commitment to provide funding
will be a key distinction from ordinary repurchase arrangements and a
key requirement for OCC.

Second Confirmation

    OCC proposes to enter into the Second Confirmation that will permit
transactions of up to $500 million and will expire in June 2016.
According to OCC, the Second Confirmation will have the same terms,
conditions, operations, and mechanics as the Existing Confirmation of
the Non-Bank Liquidity Facility, but for the commitment amount and the
term.
    OCC believes that the Second Confirmation, with a June 2016
expiration date, will help ensure continued access to a minimum amount
of liquidity to OCC by staggering the expiration of the committed
liquidity funding sources. OCC's current committed liquidity funding
sources, which are its syndicated credit facility \11\ and the Existing
Confirmation, currently expire each year in October and January,
respectively. OCC believes that staggering the expiration dates of
Confirmations under the Non-Bank Liquidity Facility in relationship to
each other and in relationship to the other liquidity funding source in
OCC's overall liquidity plan will mitigate the risk of a precipitous
decrease in OCC's access to liquidity as a result of a an unsuccessful
renewal of any one funding source.
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    \11\ See Securities Exchange Act Release No. 76062 (October 1,
2015), 80 FR 64028 (October 22, 2015) (SR-OCC-2015-803).
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Aggregate Commitment Amount Under the Non-Bank Liquidity Facility

    OCC's current aggregate committed funding available under its Non-
Bank Liquidity Facility ($1.0 billion) and its bank syndicated credit
facility ($2.0 billion) is $3.0 billion. OCC proposes to maintain the
aggregate commitment amount under the Non-Bank Liquidity Facility at no
lower than $1.0 billion and no higher than $1.5 billion, so that the
aggregate total funding available is between $3.0 billion and $3.5
billion. OCC believes that this will provide it with the flexibility
to: (i) React to shifting liquidity needs in a swift manner within
funding parameters approved by the Commission, and (ii) reallocate the
amount of funding available under the Confirmations at the time either
of the Confirmations is to be renewed to manage liquidity needs and
enhance its ability to ensure continual liquidity resources.
    OCC states that it will continue to evaluate the aggregate
commitment amount of the Non-Bank Liquidity Facility so that OCC's
available liquidity resources remain properly calibrated to its
activities and settlement obligations, and to the extent: (i) OCC
determines its liquidity needs merit funding levels below the $1.0
billion or above the $1.5 billion thresholds for the Non-Bank Liquidity
Facility, (ii) OCC should seek to change the terms and conditions of
the Non-Bank Liquidity Facility, or (iii) the Counterparty has
experienced a negative change to its credit profile or a material
adverse change since entering into the Confirmations or the latest
renewal of the either Confirmation, OCC will submit a proposal with the
Commission for approval first.

II. Discussion and Commission Findings

    Although the Payment, Clearing and Settlement Supervision Act does
not specify a standard of review for an advance notice, its stated
purpose is instructive.\12\ The stated purpose is to mitigate systemic
risk in the financial system and promote financial stability by, among
other things, promoting uniform risk management standards for
systemically important FMUs and strengthening the liquidity of
systemically important FMUs.\13\ Section 805(a)(2) of the Payment,
Clearing and Settlement Supervision Act \14\ authorizes the Commission
to prescribe risk management standards for the payment, clearing, and
settlement activities of designated clearing entities and financial
institutions engaged in designated activities for which it is the
Supervisory Agency or the appropriate financial regulator. Section
805(b) of the Payment, Clearing and Settlement Supervision Act \15\
states that the objectives and principles for the risk management
standards prescribed under Section 805(a) shall be to:
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    \12\ See 12 U.S.C. 5461(b).
    \13\ Id.
    \14\ 12 U.S.C. 5464(a)(2).
    \15\ 12 U.S.C. 5464(b).
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     Promote robust risk management;
     promote safety and soundness;
     reduce systemic risks; and
     support the stability of the broader financial system.
    The Commission has adopted risk management standards under Section
805(a)(2) of the Payment, Clearing and Settlement Supervision Act \16\
and the Exchange Act (``Clearing Agency Standards'').\17\ The Clearing
Agency Standards require registered clearing agencies to establish,
implement, maintain, and enforce written policies and procedures that
are reasonably designed to meet certain minimum requirements for their
operations and risk management practices on an ongoing basis.\18\
Therefore, it is appropriate for the Commission to review advance
notices against these Clearing Agency Standards and the objectives and
principles of these risk management standards as described in Section
805(b) of the Payment, Clearing and Settlement Supervision Act.\19\
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    \16\ 12 U.S.C. 5464(a)(2).
    \17\ See Exchange Act Rule 17Ad-22. 17 CFR 240.17Ad-22.
Securities Exchange Act Release No. 68080 (October 22, 2012), 77 FR
66220 (November 2, 2012) (S7-08-11).
    \18\ Id.
    \19\ 12 U.S.C. 5464(b).
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    The Commission believes that the proposal in the advance notice is
consistent with the Clearing Agency Standards, in particular, Exchange
Act Rule 17Ad-22(d)(11).\20\ Exchange Act Rule 17Ad-22(d)(11) \21\
requires that

registered clearing agencies ``establish, implement, maintain and
enforce written policies and procedures reasonably designed to, as
applicable . . . establish default procedures that ensure that the
clearing agency can take timely action to contain losses and liquidity
pressures and to continue meeting its obligations in the event of a
participant default.'' The proposal will allow OCC to obtain short-term
funds to address liquidity demands arising out of the default or
suspension of a clearing member, in anticipation of a potential default
or suspension of clearing members or the insolvency of a bank or
another securities or commodities clearing organization. The changes
should help OCC minimize losses in the event of such a default,
suspension, or insolvency, by allowing it to obtain funds on extremely
short notice to ensure clearance and settlement of transactions in
options and other contracts without interruption. Therefore, the
Commission believes that the proposal is consistent with Exchange Act
Rule 17Ad-22(d)(11).\22\
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    \20\ 17 CFR 240.17Ad-22(d)(11).
    \21\ Id.
    \22\ Id.
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    By ensuring that OCC has continued access to its Non-Bank Liquidity
Facility, the Commission believes the proposal contained in the Advance
Notice is consistent with the objectives and principles described in
Section 805(b) of the Act,\23\ including that it is consistent with
promoting robust risk management, and promoting safety and soundness.
The Commission believes that the proposal is consistent with promoting
robust risk management because it allows OCC to maintain access to a
committed liquidity resource to help meet its settlement obligations in
a manner that is timely and does not increase OCC's counterparty
exposure to clearing members or clearing member affiliated commercial
banking institutions. In addition, the proposal will provide OCC the
ability to adjust the aggregate commitment level of its Non-Bank
Liquidity Facility--to no lower than $1 billion and no greater than
$1.5 billion--to meet changing liquidity demands. The Commission also
believes that the proposal is consistent with promoting safety and
soundness of OCC. As stated above, the Non-Bank Liquidity Facility now
will include two Confirmations with staggered expiration dates, which
should mitigate the risk of a precipitous decrease in liquidity
resources in the event OCC is unable to renew any one of its committed
liquidity sources.
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    \23\ 12 U.S.C. 5464(b).
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    For these reasons, stated above, the Commission does not object to
the advance notice.

VI. Conclusion

    It is therefore noticed, pursuant to Section 806(e)(1)(I) of the
Payment, Clearing and Settlement Supervision Act,\24\ that the
Commission DOES NOT OBJECT to the proposed change, and authorizes OCC
to implement the change in the advance notice (SR-OCC-2015-805) as of
the date of this notice.
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    \24\ 12 U.S.C. 5465(e)(1)(I).

    By the Commission.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-00976 Filed 1-19-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: November 22, 2006 (Volume 71, Number 225)]
[Notices]
[Page 67558-67560]
[DOCID:fr22no06-59]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2003-0073; FRL-8245-8]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Distribution of Offsite
Consequence Analysis Information Under Section 112(r)(7)(H) of the
Clean Air Act (CAA) (Renewal); EPA No. 1981.03, OMB No. 2050-0172

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. The ICR, which is abstracted below,
describes the

nature of the information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before December 22,
2006.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2003-0073 to (1) EPA online using http://www.regulations.gov (our preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to:

EPA Air Docket, Mailcode 6102T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460, and (2) OMB by mail to: Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Attention:
Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Office of Solid Waste and
Emergency Response, Office of Emergency Management, Mail Code 5104A,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-2620; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On July 14, 2006, (71 FR 40093), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA did not receive any comments. Any
additional comments on this ICR should be submitted to EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OAR-2003-0073, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Air Docket in

the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from
8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
The telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the Air Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://www.regulations.gov
, to submit or view public comments, access the

index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA

receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose public disclosure
is restricted by statute. For further information about the electronic
docket, go to http://www.regulations.gov.

    Title: Distribution of Offsite Consequence Analysis Information
under Section 112(r)(7)(H) of the Clean Air Act (CAA) (Renewal).
    ICR number: EPA ICR No. 1981.03, OMB Control No. 2050-0172.
    ICR Status: This ICR is scheduled to expire on December 31, 2006.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
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
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: This ICR is the renewal of the ICR developed for 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 to provide 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). The Act required the President to promulgate regulations
on 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 was published on August
4, 2000 (65 FR 48108). The regulations imposed minimal requirements on
the public, state and local agencies that request OCA data from EPA.
The state and local agencies who decide to obtain OCA information must
send a written request on their official letterhead to EPA certifying
that they are covered persons under Public Law 106-40, and that they
will use the information for official use only. EPA will then provide
paper copies of OCA data to those agencies as requested. The rule
authorizes and encourages state and local agencies to set up reading
rooms. The local reading rooms would provide read-only access to OCA
information for all the sources in the Locoal Emergency Planning
Committee's (LEPC's) jurisdiction and for any source where the
vulnerable zone extends into the LEPC's jurisdiction.
    Members of the public requesting to view OCA information at federal
reading rooms would be required to sign in and self certify. If asking
for OCA information from federal reading rooms for the facilities in
the area where they live or work, they would be required to provide
proof that they live or work in that area. Members of the public are
required to give their names, telephone number, and the names of the
facilities for which OCA information is being requested, when they
contact the central office to schedule an appointment to view OCA
information.
    Burden Statement: For this ICR period, EPA estimates a total of
2,150 hours (annually) for local agencies requesting OCA data from EPA
and providing read-only access to the public. For the state agencies,
the total annual burden for requesting OCA data from EPA and providing
read-only access to the public, is 2,480 hours. For the public to
display photo identification, sign a sign-in sheet, certify that the
individual has not received access to OCA information for more than 10
stationary sources for that calendar month, and to request information
from the vulnerable zone indicator system (VZIS), EPA estimates a total
of 4,965 hours annually. The total burden for the members of the
public, state and local agencies is 9,595 hours. 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 which have
subsequently changed; 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.
    Respondents/Affected Entities: State and local agencies; members of
the public.
    Estimated Number of Respondents: 5,220.
    Frequency of Response: On occasion.
    Estimated Total Annual Hour Burden: 9,595.
    Estimated Total Annual Cost: $296,603, which includes $100
annualizied capital or O&M costs and $296,500 annual labor costs.
    Changes in the Estimates: There is a decrease of 6,245 hours in the
total estimated burden currently identified in the OMB Inventory of
Approved ICR. This adjustment is due to using actual data of the state
and local officials requesting OCA data and the public visiting reading
rooms. The previous ICR estimated that all 50 states plus U.S.
territories and D.C. and at least 1,000 of the 1,500 active LEPCs will
be requesting OCA data. However, EPA only received requests for OCA
data from 9 LEPCs and 240 state officials in the past three years. The
public burden and costs have also decreased from the previous ICR, due
to the actual number of people that have visited the federal, state and
local reading rooms.

    Dated: November 15, 2006.
Oscar Morales,
Director, Collection Strategies Division.
 [FR Doc. E6-19756 Filed 11-21-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 154 (Wednesday, August 10, 2011)]
[Notices]
[Pages 49467-49468]
[FR Doc No: 2011-20293]

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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: ER11-3814-001.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc. submits
tariff filing per 35.17(b): Amendment to NYISO June 16, 2011 tariff
revisions in OATT Attachment CC to be effective 8/16/2011.
    Filed Date: 08/02/2011.
    Accession Number: 20110802-5120.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 09, 2011.

    Docket Numbers: ER11-4172-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.17(b): 1636R4 Kansas Electric Power Coop., Inc. NISTA NOA Errata
Filing to be effective 7/1/2011.
    Filed Date: 08/02/2011.
    Accession Number: 20110802-5122.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 23, 2011.

    Docket Numbers: ER11-4176-001.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits tariff filing per 35.17(b): 2011-08-02 CAISO Errata to SPTC
Amendment to be effective 10/1/2011.
    Filed Date: 08/02/2011.
    Accession Number: 20110802-5123.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 23, 2011.

    Docket Numbers: ER11-4184-000.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Company submits tariff filing
per 35.13(a)(2)(iii: Modification of its Transmission Depreciation Rate
to be effective 10/1/2011.
    Filed Date: 08/02/2011.
    Accession Number: 20110802-5000.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 23, 2011.

    Docket Numbers: ER11-4184-001.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Company submits tariff filing
per 35.17(b): Amendment to the APS depreciation filing to add affidavit
of Z. Fryer to be effective 10/1/2011.
    Filed Date: 08/02/2011.
    Accession Number: 20110802-5118.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 23, 2011.

    Docket Numbers: ER11-4186-000.
    Applicants: Wolverine Power Supply Cooperative, Inc., Midwest
Independent Transmission System Operator, Inc.
    Description: Wolverine Power Supply Cooperative, Inc. submits
tariff filing per 35.13(a)(2)(iii: Wolverine-Consumers IAs to be
effective 1/14/2011.
    Filed Date: 08/02/2011.
    Accession Number: 20110802-5056.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 23, 2011.

    Docket Numbers: ER11-4187-000.
    Applicants: San Diego Gas & Electric Company.
    Description: San Diego Gas & Electric Company submits tariff filing
per 35.13(a)(2)(iii: Restated Engineering & Procurement Agreement to be
effective 8/2/2011.
    Filed Date: 08/02/2011.
    Accession Number: 20110802-5057.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 23, 2011.

    Docket Numbers: ER11-4188-000.
    Applicants: Carolina Power & Light Company.
    Description: Notice of Cancellation of Netting Agreements of
Carolina Power & Light Company.
    Filed Date: 08/02/2011.
    Accession Number: 20110802-5090.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 23, 2011.

    Docket Numbers: ER11-4189-000.
    Applicants: Florida Power Corporation.
    Description: Notice of Cancellation of Netting Agreements of
Florida Power Corporation under ER11-4189.
    Filed Date: 08/02/2011.
    Accession Number: 20110802-5092.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 23, 2011.

    Docket Numbers: ER11-4190-000.
    Applicants: Allegheny Energy Supply Company, LLC.
    Description: Allegheny Energy Supply Company, LLC submits tariff
filing per 35: AES ER11-3813 Amendment Filing to be effective 6/1/2011
under ER11-4190 Filing Type: 70
    Filed Date: 08/02/2011.
    Accession Number: 20110802-5093.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 23, 2011.

    Docket Numbers: ER11-4191-000.
    Applicants: Portland General Electric Company.
    Description: Portland General Electric Company submits tariff
filing per 35.13(a)(2)(iii: Montana Intertie Agreement to be effective
10/1/2011 under ER11-4191 Filing Type: 10
    Filed Date: 08/02/2011.
    Accession Number: 20110802-5112.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 23, 2011.

    Docket Numbers: ER11-4192-000.
    Applicants: Avista Corporation.
    Description: Avista Corporation submits tariff filing per
35.13(a)(2)(iii: Avista Corp FERC Rate Schedule No. 183 to be effective
10/1/2011 under ER11-4192 Filing Type: 10
    Filed Date: 08/02/2011.
    Accession Number: 20110802-5116.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 23, 2011.

    Docket Numbers: ER11-4193-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits tariff filing per 35.13(a)(2)(iii:
Montana Intertie Project Transmission Agreement to be effective 10/1/
2011 under ER11-4193 Filing Type: 10
    Filed Date: 08/02/2011.
    Accession Number: 20110802-5119.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 23, 2011.

    Docket Numbers: ER11-4194-000.
    Applicants: NorthWestern Corporation.
    Description: NorthWestern Corporation submits tariff filing per
35.13(a)(2)(iii: Rate Schedule FERC No. 185--Montana Intertie Project
Transmission Agreement to be effective 10/1/2011 under ER11-4194 Filing
Type: 10.
    Filed Date: 08/02/2011.
    Accession Number: 20110802-5121.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 23, 2011.

    Docket Numbers: ER11-4200-000.
    Applicants: TC Ravenswood, LLC.
    Description: Motion of TC Ravenswood, LLC for waiver of New York
Independent System Operator, Inc.'s tariff provisions regarding black
start and system restoration procedures; and request for expedited
treatment.
    Filed Date: 08/02/2011.
    Accession Number: 20110802-5159.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 23, 2011.

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH11-19-000.
    Applicants: Enbridge Inc.
    Description: Notice of Materical Change in Facts of Enbridge Inc.
under PH11-19.

    Filed Date: 08/02/2011.
    Accession Number: 20110802-5162.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 23, 2011.

    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
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: August 3, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-20293 Filed 8-9-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 111 (Friday, June 11, 2021)]
[Notices]
[Page 31318]
[FR Doc No: 2021-12284]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-E-2079]

Determination of Regulatory Review Period for Purposes of Patent
Extension; BRAVECTO; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; correction.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) published a
notice in the Federal Register of February 12, 2018. After review of a
timely request for reconsideration by the applicant of the
determination of the regulatory review period of the animal drug,
BRAVECTO, in that notice, FDA has determined that a revision of the
SUPPLEMENTARY INFORMATION section is warranted. This document presents
the revised regulatory review period.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Correction

    In the Federal Register of February 12, 2018 (83 FR 6033), in FR
Doc. 2018-02761, in the first column, the first two paragraphs under
the section ``II. Determination of Regulatory Review Period,'' the
following correction is made on page 6034:
    FDA has determined that the applicable regulatory review period for
BRAVECTO is 1,054 days. Of this time, 1,016 days occurred during the
testing phase of the regulatory review period, while 38 days occurred
during the approval phase. These periods of time were derived from the
following dates:
    1. The date an exemption under section 512(j) of the FD&C Act (21
U.S.C. 360b(j)) became effective: June 28, 2011. The applicant claims
February 19, 2010, as the date the investigational new animal drug
application (INAD) became effective. However, after consideration of
additional information presented by the applicant in response to the
Federal Register notice (83 FR 6033), FDA has determined that the start
of the testing phase was June 28, 2011, which was the date the first
major health or environmental effects test began.

    Dated: June 3, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-12284 Filed 6-10-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 84, Number 115 (Friday, June 14, 2019)]
[Notices]
[Pages 27833-27837]
[FR Doc No: 2019-12574]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2019-0004-N-6]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (DOT).

ACTION: Notice of information collection; request for comment.

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

SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its
implementing regulations, FRA seeks approval of the Information
Collection Requests (ICRs) abstracted below. Before submitting these
ICRs to the Office of Management and Budget (OMB) for approval, FRA is
soliciting public comment on specific aspects of the activities
identified below.

DATES: Interested persons are invited to submit comments on or before
August 13, 2019.

ADDRESSES: Submit written comments on the ICRs activities by mail to
either: Mr. Robert Brogan, Information Collection Clearance Officer,
Office of Railroad Safety, Regulatory Analysis Division, Federal
Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC
20590; or Ms. Kim Toone, Information Collection Clearance Officer,
Office of Information Technology, Federal Railroad Administration, 1200
New Jersey Avenue SE, Washington, DC 20590. Commenters requesting FRA
to acknowledge receipt of their respective comments must include a
self-addressed stamped postcard stating, ``Comments on OMB Control
Number 2130-XXXX,'' (the relevant OMB control number for each ICR is
listed below) and should also include the title of the ICR.
Alternatively, comments may be faxed to<PHONE_NUMBER> or<PHONE_NUMBER>,
or emailed to Mr. Brogan at<EMAIL_ADDRESS>or Ms. Toone at
<EMAIL_ADDRESS>Please refer to the assigned OMB control number in
any correspondence submitted. FRA will summarize comments received in
response to this notice in a subsequent notice and include them in its
information collection submission to OMB for approval.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Information
Collection Clearance Officer, Office of Railroad Safety, Regulatory
Analysis Division, Federal Railroad Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590 (telephone:<PHONE_NUMBER>) or Ms. Kim
Toone, Information Collection Clearance Officer, Office of Information
Technology, Federal Railroad Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590 (telephone:<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
provide 60-days' notice to the public to allow comment on information
collection activities before seeking OMB approval of the activities.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. Specifically,
FRA invites interested parties to comment on the following ICRs
regarding: (1) Whether the information collection activities are
necessary for FRA to properly execute its functions, including whether
the activities will have practical utility; (2) the accuracy of FRA's
estimates of the burden of the information collection activities,
including the validity of the methodology and assumptions used to
determine the estimates; (3) ways for FRA to enhance the quality,
utility, and clarity of the information being collected; and (4) ways
for FRA to minimize the burden of information collection activities on
the public, including the use of automated collection techniques or
other forms of information technology. See 44 U.S.C. 3506(c)(2)(A); 5
CFR 1320.8(d)(1).
    FRA believes that soliciting public comment may reduce the
administrative and paperwork burdens associated with the collection of
information that Federal regulations mandate. In summary, FRA reasons
that comments received will advance three objectives: (1) Reduce
reporting burdens; (2) organize information collection requirements in
a ``user-friendly'' format to improve the use of such information; and
(3) accurately assess the resources expended to retrieve and produce
information requested. See 44 U.S.C. 3501.

    The summaries below describe the ICRs that FRA will submit for OMB
clearance as the PRA requires:
    Title: U.S. DOT Crossing Inventory.
    OMB Control Number: 2130-0017.
    Abstract: On January 6, 2015, FRA published in the Federal Register
a final rule that requires railroads that operate one or more trains
through highway-rail or pathway crossings to submit information to the
U.S. DOT National Highway-Rail Crossing Inventory about the crossings
through which they operate.\1\ See 80 FR 746. These amendments,
mandated by section 204 of the Rail Safety Improvement Act of 2008,
require railroads to submit information about previously unreported and
new highway-rail and pathway crossings to the U.S. DOT National
Highway-Rail Crossing Inventory and to periodically update existing
crossing data.
---------------------------------------------------------------------------

    \1\ This final rule was subsequently amended on June 10, 2016,
in response to a petition for reconsideration submitted by the
Association of American Railroads. See 81 FR 37521.
---------------------------------------------------------------------------

    Type of Request: Extension with change (revised estimates) of a
current information collection.
    Affected Public: Businesses (railroads), States, and the District
of Columbia (DC).
    Form(s): FRA F 6180.71.
    Respondent Universe: 692 railroads, 50 States and DC.
    Frequency of Submission: On occasion/monthly.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                                                                Total annual
                                  Respondent      Total annual     Average time    Total annual     burden hour
         CFR section               universe        responses       per response    burden hours     dollar cost
                                                                                equivalent \2\
----------------------------------------------------------------------------------------------------------------
234.403(a), (b), (c), (e)(3)-- 51 States/DC &   1,495 forms....  30 minutes.....       748 hours         $55,352
 Submission of data to the      692 railroads.
 U.S. DOT Highway-Rail
 Crossing Inventory:
 Completion of inventory form.
--Mass update lists of         51 States/DC &   1,081 lists....  30 minutes.....             541          40,034
 designated data submitted by   692 railroads.
 railroads/states.
--Excel lists of submitted     51 States/DC &   750 lists......  15 minutes.....             188          13,912
 data.                          692 railroads.
--Changes/corrections to       51 States/DC &   134,719 records  3 minutes......           6,736         498,464
 Crossing Inventory data        692 railroads.
 submitted via GX 32 computer
 program.
--Written requests by states/  51 States/DC &   5 requests.....  15 minutes.....          1 hour              74
 railroads for FRA Crossing     692 railroads.
 Inventory Guide.
(d)--Reporting Crossing        51 States/DC &   15 notices.....  30 minutes.....               8             592
 Inventory data by state        692 railroads.
 agencies on behalf of
 railroads: Written notices
 to FRA.
(e)(1)--Consolidated           692 railroads..  250 notices....  30 minutes.....             125           9,625
 reporting by parent
 corporation on behalf of its
 subsidiary railroads:
 Written notice to FRA.
(e)(2)--Immediate              692 railroads..  75 notices.....  30 minutes.....              38           2,926
 notification to FRA by
 parent corporation of any
 changes in the list of
 subsidiary railroads for
 which it reports.
234.405(a)(1)--Initial         692 railroads..  5,300 provided   5 minutes......             442          34,034
 submission of previously                        assigned
 unreported highway-rail and                     inventory
 pathway crossings through                       numbers.
 which they operate by
 primary operating railroads:
 Providing assigned crossing
 inventory number to each
 railroad that operates one
 or more trains through
 crossing.
--Primary operating railroad   692 railroads..  10,600 assigned  5 minutes......             883          67,991
 providing assigned inventory                    numbers.
 number to other (2)
 railroads operating through
 crossing.
(a)(3)--Completed inventory    692 railroads..  5,300 forms....  20 minutes.....           1,767         136,059
 forms for each previously
 unreported crossing.
(c)--Duty of all operating     692 railroads..  450 notices/     20 minutes.....             150          11,550
 railroads: Notification to                      notifications.
 FRA of previously unreported
 crossing through which it
 operates.
(d)--Incomplete submission by  692 railroads..  35               2 minutes......          1 hour              77
 state agency: Written                           certification
 certification by primary                        statements.
 operating railroad that
 state has not provided
 requested crossing
 information.
--Copies of written            692 railroads..  105 mailed       2 minutes......               4             308
 certification statements to                     certification
 other operating railroads                       copies.
 and responsible state agency.
234.407(a)--Submission of      692 railroads..  50 assigned      5 minutes......               4             308
 initial data to the Crossing                    inventory
 Inventory for new Crossings:                    numbers.
 Providing assigned inventory
 numbers for new highway-rail
 and pathway crossings
 through which they operate
 by primary operating
 railroads to each railroad
 that operates one or more
 trains through the crossing.

(a)(3)--Completed inventory    692 railroads..  50 forms.......  5 minutes......               4             308
 forms for each new highway-
 rail & pathway crossing
 provided each operating
 railroad operating trains
 through crossing.
(b) Each operating railroad    692 railroads..  50 inventory     1.5............              75           5,775
 must submit accurate                            forms.
 inventory forms or
 electronic equivalent to the
 FRA crossing inventory for
 new highway-rail & pathway
 crossings operating on
 separate tracks.
234.409(a)--Submission of      692 railroads..  80,775 crossing  2.5minutes.....           3,366         259,182
 periodic updates to the                         invent.
 Crossing Inventory by                           updates.
 primary operating railroad.
234.411(a)--Crossing sale:     692 railroads..  400 updated      2..............             800          61,600
 Submission of Crossing                          crossing
 Inventory form by any                           inventory
 operating railroad that                         forms.
 sells all or part of highway-
 rail and pathway crossing.
--Notification/report by       692 railroads..  400 notices/     15 minutes.....             100           7,700
 railroad to primary                             reports.
 operating railroad of sale
 of all or part of a highway-
 rail or pathway on or after
 June 10, 2016.
(b)--Crossing closure:         692 railroads..  85 crossing      5 minutes......               7             539
 Submission of Crossing                          inventory
 Inventory form by primary                       forms
 operating railroad that                         (closures).
 closes highway-rail and
 pathway crossing.
(c)--Primary operating RR      692 railroads..  400 forms......  30 minutes.....             200          15,400
 submission of inventory form
 for any surface/warning
 device changes at crossing.
234.413(a & b)--               692 railroads..  5,901 duplicate  1 minute.......              98           7,546
 Recordkeeping--RR Duplicate                     copies.
 copy of each inventory form
 submitted in hard copy to
 the Crossing Inventory.
--Copy of electronic           692 railroads..  80,775 copies..  1 minute.......           1,346         103,642
 confirmation received from
 FRA after electronic
 submission of crossing data
 to Crossing Inventory.
--List of locations where a    692 railroads..  692 lists......  5 minutes......              58           4,466
 copy of any record required
 by this Subpart may be
 accessed and copied.
----------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 329,758.
---------------------------------------------------------------------------

    \2\ Based on Bureau of Labor Statistics (BLS) data, FRA is using
an average hourly wage rate of 74 per hour for State employees to
determine the dollar equivalent cost of estimated burden. Based on
the 2017 American Association publication, Railroad Facts, FRA is
using an average hourly wage rate of 77 per hour for professional/
administrative to determine the same dollar equivalent costs. All
hourly wage rates included 75 percent overhead costs.
---------------------------------------------------------------------------

    Total Estimated Annual Burden: 17,690 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$1,337,464.
    Title: Special Notice for Repairs.
    OMB Control Number: 2130-0504.
    Abstract: Under 49 CFR part 216, FRA and State inspectors may issue
a Special Notice for Repairs to notify a railroad in writing of an
unsafe condition involving a locomotive, car, or track. The railroad
must notify FRA in writing when the equipment is returned to service or
the track is restored to a condition permitting operations at speeds
authorized for a higher class, specifying the repairs completed. FRA
and State inspectors use this information to remove from service
freight cars, passenger cars, and locomotives until they can be
restored to a serviceable condition. They also use this information to
reduce the maximum authorized speed on a section of track until repairs
can be made.
    Type of Request: Extension with change (revised estimates) of a
current information collection.
    Affected Public: Businesses (railroads).
    Form(s): FRA F 6180.71.
    Respondent Universe: 741 railroads.
    Frequency of Submission: On occasion.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                                                                Total annual
                                  Respondent      Total annual     Average time    Total annual     burden hour
         CFR section               universe        responses       per response    burden hours     dollar cost
                                                                                equivalent
----------------------------------------------------------------------------------------------------------------
216.13(b)--Special Notice for  741 railroads..  5 form replies.  15 minutes.....          1 hour             $77
 Repairs: Locomotive--RR
 reply to special notice for
 repair informing FRA
 Regional Administrator that
 affected locomotive is
 returned to service.

216.15(b)--Special Notice for  741 railroads..  50 form replies  15 minutes.....              13           1,001
 Repairs: Track--RR reply to
 special notice for repair
 informing FRA Regional
 Administrator that affected
 track is restored to
 condition permitting
 operations at speeds
 authorized at higher speeds.
216.21(b)--Notice of track     741 railroads..  1 letter.......  60 minutes.....          1 hour              77
 conditions: Letter from
 railroad to FRA regional
 track engineer that affected
 track has been repaired and
 is ready for re-inspection.
216.25--Issuance of review     741 railroads..  1 letter.......  60 minutes.....          1 hour              77
 and emergency order:
 Petition for review of order
 or letter stating track has
 been repaired.
----------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 57.
    Total Estimated Annual Burden: 16 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: $1,232.
    Title: Bridge Safety Standards.
    OMB Control Number: 2130-0586.
    Abstract: The Fixing America's Surface Transportation Act (FAST
Act) (Pub. L. 114-94, Dec. 4, 2015), Section 11405, ``Bridge Inspection
Reports,'' provides a means for a State or a political subdivision of a
State to obtain a public version of a bridge inspection report
generated by a railroad for a bridge located within their respective
jurisdiction. While the FAST Act specifies that requests for such
reports are to be filed with the Secretary of Transportation, the
responsibility for fulfilling these requests is delegated to FRA. See
49 CFR 1.89.
    FRA's currently approved information collection accounts for the
burden that will be incurred by States and political subdivisions of
States requesting a public version of a bridge inspection report
generated by a railroad for a bridge located within their respective
jurisdiction. FRA developed a Form titled ``Bridge Inspection Report
Public Version Request Form'' to facilitate such requests by States and
their political subdivisions. FRA accounts for the burden that will be
incurred by railroads to provide the public version of a bridge
inspection report upon agency request to FRA.
    As background, FRA's final rule on bridge safety standards, 49 CFR
part 237, normalized and established federal requirements for railroad
bridges. See 75 FR 41281 (July 15, 2010). The final rule established
minimum requirements to assure the structural integrity of railroad
bridges and to protect the safe operation of trains over those bridges.
The final rule required railroads/track owners to implement bridge
management programs to prevent the deterioration of railroad bridges
and to reduce the risk of human casualties, environmental damage, and
disruption to the Nation's transportation system that would result from
a catastrophic bridge failure. Bridge management programs were required
to include annual inspection of bridges as well as special inspections,
which must be conducted if natural or accidental events cause
conditions that warrant such inspections. Lastly, the final rule
required railroads/track owners to audit bridge management programs and
bridge inspections and to keep records mandated under part 237.
    The information collected is used by FRA to ensure that railroads/
track owners meet Federal standards for bridge safety and comply with
all the requirements of this regulation. In particular, the collection
of information is used by FRA to confirm that railroads/track owners
adopt and implement bridge management programs to properly inspect,
maintain, modify, and repair all bridges that carry trains for which
they are responsible. Railroads/track owners must conduct annual
inspections of railroad bridges. Further, railroads/track owners must
incorporate provisions for internal audit into their bridge management
program and must conduct internal audits of bridge inspection reports.
The internal audit information is used by railroads/track owners to
verify that the inspection provisions of the bridge management program
are being followed and to continually evaluate the effectiveness of
their bridge management program and bridge inspection activities. FRA
uses this information to ensure that railroads/track owners implement a
safe and effective bridge management program and bridge inspection
regime.
    Type of Request: Extension with change (revised estimates) of a
current information collection.
    Affected Public: Businesses (railroads) and States, DC, and
political subdivisions).
    Form(s): FRA F 6180.167.
    Respondent Universe: 741 railroads/50 States and DC/200 political
subdivisions.
    Frequency of Submission: On occasion/monthly.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                                                                Total annual
                                  Respondent      Total annual     Average time    Total annual     burden hour
         CFR section               universe        responses       per response    burden hours     dollar cost
                                                                                equivalent \3\
----------------------------------------------------------------------------------------------------------------
FAST ACT SECTION 11405
 REQUIREMENTS:.
    --Form FRA F 6180.167....  50 states and    75 forms.......  5 minutes......               6            $402
                                DC 200 state
                                political
                                subdivisions.

    --Railroad submission to   741 railroads..  75 reports.....  60 minutes.....              75          $5,025
     FRA of bridge inspection
     report--public version.
237.3--Notifications to FRA    741 railroads..  15               90 minutes + 30              30          $2,310
 of assignment of bridge                         notifications    minutes.
 responsibility and signed                       + 15 signed
 statement by assignee                           statements.
 concerning bridge
 responsibility.
237.9--Waivers--petitions....  741 railroads..  2 petitions....  4..............               8            $616
237.57--Designation of         741 railroads..  200 recorded     15 minutes.....              50          $3,850
 qualified individuals.                          designations.
237.73--Issuance of            741 railroads..  100 issued       2..............             200         $15,400
 instructions to railroad                        written
 personnel by track owner.                       instructions.
237.109--Nationwide annual     741 railroads..  15,450 insp.     15 minutes.....           3,863        $258,821
 bridge inspections--reports/                    reports/
 records:                                        records.
    --Report of deficient      741 railroads..  50 reports.....  30 minutes.....              25          $1,675
     condition on a bridge.
237.155--Documents & records-- 741 railroads..  5 systems......  80.............             400         $30,800
 Establishment of RR
 monitoring & info.
 technology security systems
 for electronic recordkeeping.
    --Employees trained in     741 Railroads..  100 employees..  8..............             800         $61,600
     system.
----------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 16,087.
    Total Estimated Annual Burden: 5,457 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$380,499.
---------------------------------------------------------------------------

    \3\ Based on the 2017 AAR publication Railroad Facts, FRA
calculates the average hourly wage rate for professional/
administrative staff at $77 per hour and the average hourly wage
rate of bridge workers at $67 per hours to determine the dollar
equivalent cost numbers. All hourly wage rates include 75 percent
overhead costs.
---------------------------------------------------------------------------

    Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 1320.8(b)(3)(vi),
FRA informs all interested parties that it may not conduct or sponsor,
and a respondent is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.

    Authority:  44 U.S.C. 3501-3520.

Brett A. Jortland,
Acting Chief Counsel.
[FR Doc. 2019-12574 Filed 6-13-19; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register: August 24, 2009 (Volume 74, Number 162)]
[Notices]
[Page 42666-42667]
[DOCID:fr24au09-58]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13541-000]

Free Flow Power Ohio River 4, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

August 14, 2009.
    On July 14, 2009, Free Flow Power Ohio River 4, LLC filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act, proposing to study the feasibility of the Melville
Crevasse Hydrokinetic Energy Project, located on the Atchafalaya River,
Pointe Coupee and Saint Landry Parishes, Louisiana. The sole purpose of
a preliminary permit, if issued, is to grant the permit holder priority
to file a license application during the permit term. A preliminary
permit does not authorize the permit holder to perform any land
disturbing activities or

otherwise enter upon lands or waters owned by others without the
owners' express permission.
    The proposed project would consist of: (1) 1,720 turbine-generator
units configured in a series of turbine arrays which in turn will be
grouped to form turbine fields; (2) a combination of freestanding
pilings, a floating barge-like platform, or existing shore
infrastructure such as dock pilings onto which the turbine arrays will
be moored; (3) submersible electric cables interconnecting the arrays
within each turbine field and transmit the turbine field's generation
to a shore station; (4) several shore stations each consisting of less
than 100 square meters which will transition the submersible cabling to
the overhead transmission; (5) a 7.6 mile, 69 kV line interconnecting
the shore stations and delivering power to the project substation; and
(6) appurtenant facilities. The proposed project would generate about
150 gigawatt-hours annually.
    Applicant contact: Ramya Swaminathan, Free Flow Power Corporation,
33 Commercial Street, Gloucester, Massachusetts 01930, phone: (978)
226-1531.
    FERC Contact: Sergiu Serban,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project, including a copy of
the application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13541) in the docket number field to access
the document. For assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-20220 Filed 8-21-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Proposed Rules]
[Pages 59927-59929]
[FR Doc No: 2016-20906]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 229

[Release No. 33-10198; 34-78687; File No. S7-18-16]

Request for Comment on Subpart 400 of Regulation S-K Disclosure
Requirements Relating to Management, Certain Security Holders and
Corporate Governance Matters

AGENCY: Securities and Exchange Commission.

ACTION: Request for comment.

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SUMMARY: The Commission is requesting public comment on certain
disclosure requirements in Regulation S-K relating to management,
certain security holders, and corporate governance matters contained in
Subpart 400. This request is part of an initiative by the Division of
Corporation Finance to review the disclosure requirements in Regulation
S-K to consider ways to improve them for the benefit of investors and
registrants. Comments received in response to this request for comment
will also inform the Commission's study on Regulation S-K, which is
required by Section 72003 of the Fixing America's Surface
Transportation Act (``FAST Act'').

DATES: Comments should be received on or before October 31, 2016.

ADDRESSES: Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/other.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number S7-18-16 in the subject line; or
     Use the Federal eRulemaking Portal (http://www.regulations.gov). Follow the instructions for submitting comments.

Paper Comments

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

All submissions should refer to File Number S7-18-16. This file number
should be included in 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 Web site (http://www.sec.gov/rules/other.shtml). Comments
also are available for Web site viewing and printing in the
Commission's Public Reference Room, 100 F Street NE., Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. All comments received will be posted without change; we do
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly.

FOR FURTHER INFORMATION CONTACT: Eduardo A. Aleman, Special Counsel,
Office of Rulemaking, Division of Corporation Finance, at (202) 551-
3430, 100 F Street NE., Washington, DC 20549.

SUPPLEMENTARY INFORMATION:

Background and Discussion

    Over the years, the Commission has evaluated its disclosure regime
and engaged periodically in rulemakings designed to enhance its
disclosure and registration requirements.\1\ Most recently, the
Commission published a concept release to seek public comment on
modernizing certain business and financial disclosure requirements in
Regulation S-K.\2\ The purpose of the Regulation S-K Concept Release is
to assess whether the business and financial disclosure requirements in
Regulation S-K continue to provide the information that investors need
to make informed investment and voting decisions. The Regulation S-K
Concept Release focuses on the business and financial disclosures that
registrants provide in their periodic reports, which are a subset of
the disclosure requirements in Regulation S-K, because many of them
have changed little since they were first adopted and are often the
foundation of the disclosures investors look to when making investment
decisions. These requirements have also been revisited by the
Commission or the staff less

frequently in the recent past than other disclosure requirements in
Regulation S-K, such as executive compensation and governance contained
in Subpart 400 of Regulation S-K.\3\ Last year, the Commission also
published a request for comment to seek public input about the
financial disclosure requirements in Regulation S-X for certain
entities other than a registrant.\4\
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    \1\ For a summary of the relevant history and background of
Regulation S-K, see Business and Financial Disclosure Required by
Regulation S-K, Release No. 33-10064 (Apr. 13, 2016) [81 FR 23916
(Apr. 22, 2016)] (``Regulation S-K Concept Release'').
    \2\ See id.
    \3\ See, e.g., Executive Compensation and Related Person
Disclosure, Release No. 33-8732A (Aug. 29, 2006) [71 FR 53157 (Sept.
8, 2006)]; Proxy Disclosure Enhancements, Release No. 33-9089 (Dec.
16, 2009) [74 FR 68333 (Dec. 23, 2009)]; Staff Observations in the
Review of Executive Compensation Disclosure, Division of Corporation
Finance (Oct. 9, 2007), available at https://www.sec.gov/divisions/corpfin/guidance/execcompdisclosure.htm. As the Commission noted in
the Regulation S-K Concept Release, the scope of that release does
not include certain disclosure requirements for information other
than business and financial disclosures, such as Subpart 400, which
requires disclosure about management and certain security holders as
well as corporate governance matters. See Regulation S-K Concept
Release, supra note 1, at Section I, n. 4. This request for comment
directly covers those subjects.
    \4\ See Request for Comment on the Effectiveness of Financial
Disclosures about Entities Other Than the Registrant, Release No.
33-9929 (Sept. 25, 2015) [80 FR 59083 (Oct. 1, 2015)].
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    These efforts, in addition to this request for comment, are part of
a comprehensive evaluation of the Commission's disclosure requirements
recommended in the staff's Report on Review of Disclosure Requirements
in Regulation S-K (``S-K Study''), which was mandated by Section 108 of
the Jumpstart Our Business Startups Act (``JOBS Act'').\5\ As noted in
the Regulation S-K Concept Release, based on the S-K Study's
recommendation and at the request of the Chair, Commission staff
initiated a comprehensive evaluation of the type of information our
rules require registrants to disclose, how this information is
presented, where and how this information is disclosed, and how the
Commission can leverage technology as part of these efforts
(collectively, ``Disclosure Effectiveness Initiative''). Section
72003(a) of the FAST Act \6\ also requires the Commission to carry out
a study of the requirements contained in Regulation S-K.\7\
Specifically, Section 72003(a) requires that the study of Regulation S-
K:
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    \5\ Public Law 112-106, Sec. 108, 126 Stat. 306 (2012). Section
108 of the JOBS Act requires the Commission to conduct a review of
Regulation S-K to determine how such requirements can be updated to
modernize and simplify the registration process for emerging growth
companies. The S-K Study is available at http://www.sec.gov/news/studies/2013/reg-sk-disclosure-requirements-review.pdf. For a
further discussion of the S-K Study, see the Regulation S-K Concept
Release, supra note 1, at Section II.C.
    \6\ Public Law 114-94, Sec. 72003, 129 Stat. 1312 (2015).
    \7\ In conducting this study, the Commission is required to
consult with the Investor Advisory Committee and the Advisory
Committee on Small and Emerging Companies.
---------------------------------------------------------------------------

     Determine how best to modernize and simplify such
requirements in a manner that reduces the costs and burdens on issuers
while still providing all material information;
     Emphasize a company-by-company approach that allows
relevant and material information to be disseminated to investors
without boilerplate language or static requirements while preserving
completeness and comparability of information across registrants; and
     Evaluate methods of information delivery and presentation
and explore methods for discouraging repetition and the disclosure of
immaterial information.\8\
---------------------------------------------------------------------------

    \8\ Public Law 114-94, Sec. 72003, 129 Stat. 1312 (2015).
---------------------------------------------------------------------------

Request for Comment

    The initiative to review the disclosure requirements in Regulation
S-K is intended to result in recommendations and proposals that will
improve our disclosure system for the benefit of investors and
registrants. The purpose of this request for comment is to solicit
public input on Subpart 400 of Regulation S-K, which requires certain
disclosures about a registrant's management, certain security holders,
and corporate governance matters.\9\ The input can include comments on
existing requirements in these rules as well as on potential disclosure
issues that commenters believe the rules should address.\10\ The
comments received in response to this request for comment, as well as
comments received in response to the Regulation S-K Concept Release,
will inform the Commission in carrying out the study of Regulation S-K
required by Section 72003(a) of the FAST Act.\11\
---------------------------------------------------------------------------

    \9\ 17 CFR 229.401 et seq.
    \10\ For example, as noted in the Regulation S-K Concept
Release, supra note 1, this could include industry-specific
disclosure requirements, information about sustainability and
governance matters, and additional instances in which scaled
disclosure could be implemented.
    \11\ Comment letters received in response to this request for
comment will be considered in connection with any future rulemaking
related to the disclosure requirements in Subpart 400 of Regulation
S-K. If the Commission proposes changes to these disclosure
requirements the proposed changes will be subject to public notice
and comment.
---------------------------------------------------------------------------

     Item 401 of Regulation S-K generally requires certain
disclosures about a registrant's directors, executive officers,
promoters and control persons.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 229.401.
---------------------------------------------------------------------------

     Item 402 of Regulation S-K generally requires disclosure
of all plan and non-plan compensation awarded to, earned by, or paid to
a registrant's named executive officers and directors.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 229.402. Item 402 also describes the disclosure
requirements for certain categories of registrants such as foreign
private issuers and smaller reporting companies. The Commission has
a number of outstanding proposals related to executive compensation
disclosure and listing requirements. See Disclosure of Hedging by
Employees, Officers and Directors, Release No. 33-9723 (Feb. 9,
2015) [80 FR 8485 (Feb. 17, 2015)]; Pay Versus Performance, Release
34-74835 (Apr. 29, 2015) [80 FR 26329 (May 7, 2015)]; Listing
Standards for Recovery of Erroneously Awarded Compensation, Release
No. 33-9861 (July 1, 2015) [80 FR 41143 (July 14, 2015)]. This
release requests comment on the disclosure requirements in Item 402
generally and is not intended to solicit specific comment on those
proposals.
---------------------------------------------------------------------------

     Item 403 of Regulation S-K generally requires a
description of the security ownership of certain beneficial owners and
management.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 229.403.
---------------------------------------------------------------------------

     Item 404 of Regulation S-K generally requires a
description of certain transactions with related persons, promoters and
certain control persons.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 229.404.
---------------------------------------------------------------------------

     Item 405 of Regulation S-K generally requires a registrant
to identify certain persons who failed to file on a timely basis, as
disclosed in certain forms, reports required by Section 16(a) of the
Securities Exchange Act \16\ during the most recent fiscal year or
prior fiscal years.\17\
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    \16\ 15 U.S.C. 78p.
    \17\ 17 CFR 229.405.
---------------------------------------------------------------------------

     Item 406 of Regulation S-K generally requires disclosures
about whether the registrant has adopted a code of ethics that applies
to certain of the registrant's executive officers, or persons
performing similar functions, and, if it has not adopted such a code of
ethics, an explanation why it has not done so.\18\
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    \18\ 17 CFR 229.406.
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     Item 407 of Regulation S-K generally requires certain
corporate governance disclosure about director independence, board
meetings, various board committees (e.g., nominating, audit and
compensation committees) and any process for shareholder
communications.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 229.407.
---------------------------------------------------------------------------

    In connection with the staff's continuing Disclosure Effectiveness
Initiative and corresponding work on the FAST Act mandate, the
Commission welcomes public comments on the issues that the staff should
consider in conducting its review of Subpart 400 of Regulation S-K,
including, among other things, how best to modernize and

simplify these disclosure items in view of the objectives of the
Regulation S-K study set forth in Section 72003 of the FAST Act and
whether additional disclosures in these areas are necessary or
appropriate to facilitate investor protection, to maintain fair,
orderly, and efficient markets, and/or to facilitate capital formation.
In addition to the substance of the disclosure requirements, the
Commission welcomes comments on how information can be presented to
improve its readability, navigability and comparability and how
technology and structured data can facilitate data aggregation and
analysis. All interested parties are invited to submit their views and
any data, in writing, on any matter relating to Subpart 400 of
---------------------------------------------------------------------------
Regulation S-K.

    By the Commission.

    Dated: August 25, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-20906 Filed 8-30-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 5 (Friday, January 7, 2011)]
[Notices]
[Page 1151]
[FR Doc No: 2011-42]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ11-8-000]

City of Banning, CA; Notice of Filing

December 30, 2010.
    Take notice that on December 22, 2010, the City of Banning,
California (Banning) filed its annual revisions to is Transmission
Revenue Balancing Account Adjustment and a related modification to
Appendix I to Banning's Transmission Owner Tariff (TO) and an update of
the notification of Appendix II to Banning's TO Tariff, consistent with
its TO filed in docket No. EL03-21-000 and the California Independent
System Operator Corporation Electric Tariff.
    Banning also requests any necessary waivers by the Commission to
allow this filing to be accepted for filing and approved by the
Commission to become effective as of January 1, 2011.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on January 21, 2011.

Kimberly D. Bose,
Secretary.
[FR Doc. 2011-42 Filed 1-6-11; 8:45 am]
BILLING CODE 6717-01-P


  SEQ CHAPTER \h \r 1 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION I

5 POST OFFICE SQUARE, SUITE 100

BOSTON, MASSACHUSETTS 02109-3912

MEMORANDUM

SUBJECT:	Tribal Technical Consultation: Maine Water Quality Standards
options for promulgation

FROM:	Michael Stover, EPA Region 1 Indian Program Manager

TO:		file

DATE: 	March 31, 2016

On Thursday, July 30 2015 from 2:30 – 4:00pm, a technical conference
call was held with the Maine tribal environmental directors regarding
the application of water quality standards pertaining to waters in
Indian lands in Maine. Present on the conference call were:

Fred Corey, Environmental Director, Aroostook Band of Micmacs

Sue Young, Natural Resources Director, Houlton Band of Maliseet Indians

Sharri Venno, Environmental Planner, Houlton Band of Maliseet Indians

Jane Stedman, Attorney, Kanji & Katzen (Houlton Band of Maliseet
Indians)

John Banks, Natural Resources Director, Penobscot Indian Nation

Dan Kusnierz, Water Program Manager, Penobscot Indian Nation

Marvin Cling, Environmental Planner, Passamaquoddy Tribe at Pleasant
Point

Trevor White, Environmental Director, Passamaquoddy Tribe at Indian
Township

Martin Dana, Environmental Director, Passamaquoddy Tribe at Indian
Township

Carl Dierker, Director, Office of Regional Counsel, EPA Region 1

Tim Williamson, Deputy Director, Office of Regional Counsel, EPA Region
1

Ken Moraff, Director, Office of Ecosystem Protection, EPA Region 1

Ann Williams, Office of Regional Counsel, EPA Region 1

Ellen Weitzler, Municipal Permits Section Chief, EPA Region 1

Jeanne Voorhees, Water Quality Standards Coordinator, EPA Region 1

Matt Hoagland, Branch Chief, Wetlands, EPA Region 1

Sara Levinson, Office of Regional Administrator, EPA Region 1

Michael Stover, Indian Program Manager, EPA Region 1

During the call, EPA relayed to the Maine tribes that the three sets of
disapprovals issued in February, March and June of 2015 spurred a need
for establishing protective standards pertaining to waters in Indian
lands in Maine. EPA communicated that while EPA remains hopeful that
Maine will take appropriate action, EPA has not received assurance from
the State that this will happen. EPA is therefore beginning the work to
support a federal promulgation if necessary, and is soliciting the
tribes’ views under this technical consultation call.

EPA discussed several potential promulgation approaches, including
whether to concentrate on human health criteria first, followed by
aquatic life criteria and other disapprovals, or work towards
promulgating standards all at once.

Dan Kusnierz relayed that HHC was the most important category of WQS for
the Penobscot Indian Nation. Trevor White of the Passamaquoddy Tribe at
Indian Township suggested a broadest possible approach for promulgation
instead of a categorical approach, and Fred Corey of the Aroostook Band
of Micmacs concurred.

The Maine tribes provided no additional feedback.

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