[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Notices]
[Pages 69252-69257]
[FR Doc No: 2011-28863]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG12-7-000.
    Applicants: Manzana Wind LLC.
    Description: Self-Certification of Exempt Wholesale Generator
Status of Manzana Wind LLC.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5277.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: EG12-8-000.
    Applicants: NaturEner Rim Rock Wind Energy, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of NaturEner Rim Rock Wind Energy, LLC.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5358.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

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

    Docket Numbers: ER10-2906-004; ER10-2908-004; ER10-2911-004; ER10-
2909-004; ER10-2910-004; ER10-2900-004; ER10-2899-004; ER10-2898-004;
ER11-4393-001.
    Applicants: Utility Contract Funding II, LLC, Power Contract
Financing II, L.L.C., South Eastern Electric Development Corp., South
Eastern Generating Corp., Morgan Stanley Capital Group Inc., MS Solar
Solutions Corp., Power Contract Financing II, Inc., Naniwa Energy
LLC,TAQA Gen X LLC.
    Description: MS Utilities Notice of Change in Status under ER10-
2906, et al.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5229.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER11-3522-003.
    Applicants: Public Service Company of New Mexico.
    Description: Public Service Company of New Mexico submits tariff
filing per 35: PNM Queue Reform Compliance Filing to be effective 9/30/
2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5404.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER11-4055-001; ER10-2977-001; ER11-3987-002; ER10-
1290-002; ER10-3211-002; ER10-2814-001; ER10-3026-001
    Applicants: Copper Mountain Solar 1, LLC, Mesquite Power, LLC,
Mesquite Solar 1, LLC, San Diego Gas & Electric Company, Sempra Energy
Trading LLC, Sempra Generation, Termoelectrica U.S., LLC.
    Description: Notice of Change in Status of Sempra Generation, et
al.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5252.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER11-4176-002.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits tariff filing per 35: 2011-10-31 CAISO's SPTC Compliance Filing
to be effective 10/31/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5411.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER11-4199-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.,
ITC Midwest LLC.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.19a(b): ITCM-City of Jackson Refund Report
to be effective N/A.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5101.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER11-4286-001.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Company submits tariff filing
per 35: Compliance filing to add title page for Service Agreement Nos.
308 and 51741 to be effective 7/8/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5005.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER11-4678-001.
    Applicants: Vasco Winds, LLC.
    Description: Vasco Winds, LLC submits tariff filing per 35.17(b):
Vasco Winds, LLC Amendment to MBR Application and Request for Expedited
Action to be effective 11/1/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5417.
    Comment Date: 5 p.m. Eastern Time on Monday, November 14, 2011.

    Docket Numbers: ER12-243-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company submits tariff filing
per 35.13(a)(2)(iii: DWR Letter Agreement for South Bay Removal to be
effective 11/1/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5006.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-244-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company submits tariff filing
per 35.13(a)(2)(iii: CCSF IA--35th Quarterly Filing of Facilities
Agreements to be effective 9/30/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5007.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-244-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company submits tariff filing
per: Errata to the CCSF IA 35th Quarterly Filing of Facilities
Agreements to be effective N/A.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5011.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-245-000.
    Applicants: Duke Energy Ohio, Inc., Duke Energy Kentucky, Inc.,
Duke Energy Indiana, Inc.
    Description: Duke Energy Ohio, Inc. submits tariff filing per
35.15: Duke Ohio Cancellation Filing (Move to PJM) to be effective 1/1/
2012.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5109.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-246-000.
    Applicants: Entergy Arkansas, Inc.
    Description: Entergy Arkansas, Inc. submits tariff filing per 35:
MBRT Compliance Filing to be effective 4/20/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5127.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-247-000.
    Applicants: Entergy Gulf States Louisiana, LLC.
    Description: Entergy Gulf States Louisiana, LLC submits tariff
filing per 35: EGSL MBRT Compliance Filing to be effective 4/20/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5135.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-248-000.
    Applicants: Entergy Louisiana, LLC.
    Description: Entergy Louisiana, LLC submits tariff filing per 35:
ELL MBRT Compliance Filing to be effective 4/20/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5139.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-249-000.
    Applicants: Entergy Mississippi, Inc.
    Description: Entergy Mississippi, Inc. submits tariff filing per
35: EMI MBRT Compliance Filing to be effective 4/20/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5141.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-250-000.
    Applicants: Entergy New Orleans, Inc.
    Description: Entergy New Orleans, Inc. submits tariff filing per
35: ENO MBRT Compliance Filing to be effective 4/20/2011 under ER12-250
Filing Type: 80.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5144.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-251-000.
    Applicants: Entergy Texas, Inc.
    Description: Entergy Texas, Inc. submits tariff filing per 35: ETI
MBRT Compliance Filing to be effective 4/20/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5146.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-252-000.
    Applicants: Upper Peninsula Power Company.
    Description: Upper Peninsula Power Company submits tariff filing
per 35.13(a)(2)(iii: Metering Agent Agreement between WPPI, Alger Delta
Cooperative & UPPCO to be effective 1/1/2012.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5162.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-253-000.
    Applicants: Entergy Nuclear Generation Company.
    Description: Entergy Nuclear Generation Company submits tariff
filing per 35: Entergy Nuclear Generation Co. MBRT Compliance Filing to
be effective 4/20/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5165.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-254-000.
    Applicants: Entergy Nuclear Power Marketing, LLC.
    Description: Entergy Nuclear Power Marketing, LLC submits tariff
filing per 35: Entergy Nuclear Power Marketing MBRT Compliance Filing
to be effective 4/20/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5166.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-255-000.
    Applicants: Entergy Power, LLC.
    Description: Entergy Power, LLC submits tariff filing per 35:
Entergy Power LLC MBRT Compliance Filing to be effective 4/20/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5169.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-256-000.
    Applicants: EWO Marketing, Inc.
    Description: EWO Marketing, Inc. submits tariff filing per 35: EWO
Marketing MBRT Compliance Filing to be effective 4/20/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5170.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-257-000.
    Applicants: Entergy Nuclear FitzPatrick, LLC.
    Description: Entergy Nuclear FitzPatrick, LLC submits tariff filing
per 35: Entergy Nuclear FitzPatrick MBRT Compliance Filing to be
effective 4/20/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5172.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-258-000.
    Applicants: Entergy Nuclear Indian Point 2, LLC.
    Description: Entergy Nuclear Indian Point 2, LLC submits tariff
filing per 35: Entergy Nuclear Indian Point 2 MBRT Compliance Filing to
be effective 4/20/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5173.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-259-000.
    Applicants: Entergy Nuclear Indian Point 3, LLC.

    Description: Entergy Nuclear Indian Point 3, LLC submits tariff
filing per 35: Entergy Nuclear Indian Point 3 MBRT Compliance Filing to
be effective 4/20/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5176.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-260-000.
    Applicants: Energy Plus Holdings LLC.
    Description: Energy Plus Holdings LLC submits tariff filing per
35.13(a)(2)(iii: Notice of Change in Status and Tariff Amendment to be
effective 10/31/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5177.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-261-000.
    Applicants: Independence Energy LLC.
    Description: Independence Energy LLC submits tariff filing per
35.13(a)(2)(iii: Notice of Change in Status and Tariff Amendment to be
effective 10/31/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5179.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-262-000.
    Applicants: Llano Estacado Wind, LLC.
    Description: Llano Estacado Wind, LLC submits tariff filing per 35:
Llano Escatado Wind MBRT Compliance Filing to be effective 4/20/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5180.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-263-000.
    Applicants: Northern Iowa Windpower, LLC.
    Description: Northern Iowa Windpower, LLC submits tariff filing per
35: Northern Iowa Windpower MBRT Compliance Filing to be effective 4/
20/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5182.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-264-000.
    Applicants: Entergy Nuclear Palisades, LLC.
    Description: Entergy Nuclear Palisades, LLC submits tariff filing
per 35: Entergy Nuclear Palisades MBRT Compliance Filing to be
effective 4/20/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5183.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-265-000.
    Applicants: Entergy Nuclear Vermont Yankee, LLC.
    Description: Entergy Nuclear Vermont Yankee, LLC submits tariff
filing per 35: Entergy Nuclear Vermont Yankee MBRT Compliance Filing to
be effective 4/20/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5187.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-266-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits tariff filing per
35.13(a)(2)(iii: Queue No. W2-038, Original Service Agreement No. 3096
to be effective 9/29/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5202.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-267-000.
    Applicants: New England Power Pool Participants Committee.
    Description: New England Power Pool Participants Committee submits
tariff filing per 35.13(a)(2)(iii: Nov 2011 Membership Filing to be
effective 10/1/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5204.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-268-000.
    Applicants: Black Hills/Colorado Electric Utility Company, LP.
    Description: Black Hills/Colorado Electric Utility Company, LP
submits tariff filing per 35.13(a)(2)(iii: OATT Revised Attachment K to
be effective 11/1/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5212.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-269-000.
    Applicants: PJM Interconnection, LLC, Potomac-Appalachian Highline
Transmission.
    Description: PJM Interconnection, LLC submits tariff filing per
35.13(a)(2)(iii: PATH submits revisions to PJM Tariff Attachment H-19B
to be effective 1/1/2012.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5231.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-270-000.
    Applicants: Buchanan Generation, LLC.
    Description: Buchanan Generation, LLC submits tariff filing per 35:
Revised MBR Tariff to be effective 10/31/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5233.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-271-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits tariff filing per
35.13(a)(2)(iii: Revions to PJM's Tariff Attachment DD.11--DR
Compliance Bill Timing Changes to be effective 12/30/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5236.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-272-000.
    Applicants: Green Valley Hydro, LLC.
    Description: Green Valley Hydro, LLC submits tariff filing per 35:
Revised MBR Tariff to be effective 10/31/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5238.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-273-000.
    Applicants: Allegheny Energy Supply Company, LLC.
    Description: Allegheny Energy Supply Company, LLC submits tariff
filing per 35: Revised MBR Tariff to be effective 10/31/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5239.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-274-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii: 10-31-11 DEO/DEK Withdrawal
to be effective 1/1/2012.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5240.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-275-000.
    Applicants: Dynegy Oakland, LLC.
    Description: Dynegy Oakland, LLC submits tariff filing per
35.13(a)(2)(iii: Annual RMR Section 205 Filing and RMR Schedule F
Informational Filing to be effective 1/1/2012.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5241.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-276-000.
    Applicants: The Toledo Edison Company.
    Description: The Toledo Edison Company submits tariff filing per
35: Revised MBR Tariff to be effective 10/31/2011.
    Filed Date: 10/31/2011.

    Accession Number: 20111031-5242.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-277-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii: Revisions to Schedule 1-A--Tariff Administration
Service to be effective 1/1/2012.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5243.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-278-000.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits tariff filing per 35.13(a)(2)(iii: 2011-10-31 Natural Gas
Pipeline Sharing Amendment to be effective 12/31/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5244.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-279-000.
    Applicants: Jersey Central Power & Light.
    Description: Jersey Central Power & Light submits tariff filing per
35: Second Revised MBR Tariff to be effective 10/31/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5245.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-280-000.
    Applicants: Interstate Power and Light Company.
    Description: Interstate Power and Light Company submits tariff
filing per 35.15: Cancellation of IPL, TVA and PPW LBAOCA to be
effective 1/1/2012.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5248.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-281-000.
    Applicants: Northampton Generating Company, L.P.
    Description: Northampton Generating Company, L.P. submits tariff
filing per 35.12: Northampton Generating Co. MBR Tariff to be effective
12/30/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5249.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-282-000.
    Applicants: FirstEnergy Generation Corp.
    Description: FirstEnergy Generation Corp. submits tariff filing per
35: Revised MBR Sales Tariff to be effective 10/31/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5250.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-283-000.
    Applicants: FirstEnergy Solutions Corp.
    Description: FirstEnergy Solutions Corp. submits tariff filing per
35: Revised Limitations Tariff to be effective 10/31/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5251.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-284-000.
    Applicants: Monongahela Power Company.
    Description: Monongahela Power Company submits tariff filing per
35: Revised MBR Tariff to be effective 11/1/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5259.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-285-000.
    Applicants: Metropolitan Edison Company.
    Description: Metropolitan Edison Company submits tariff filing per
35: Revised MBR Tariff to be effective 10/31/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5275.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-286-000.
    Applicants: Ohio Edison Company.
    Description: Ohio Edison Company submits tariff filing per 35:
Revised MBR Tariff to be effective 10/31/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5281.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-287-000.
    Applicants: Pennsylvania Power Company.
    Description: Pennsylvania Power Company submits tariff filing per
35: Revised MBR Power Sales Tariff to be effective 11/1/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5283.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-288-000.
    Applicants: The Cleveland Electric Illuminating Company.
    Description: The Cleveland Electric Illuminating Company submits
tariff filing per 35: Revised MBR Power Sales Tariff to be effective
10/31/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5286.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-289-000.
    Applicants: New York Independent System Operator, Inc., Niagara
Mohawk Power Corporation.
    Description: New York Independent System Operator, Inc. submits
tariff filing per 35.13(a)(2)(iii: Tri-Lakes Service Agreement between
NiMo, NYPA, Lake Placid, and Tupper Lake to be effective 10/17/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5319.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-290-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii: Attachment L-Section 7 re:
MVP to be effective 1/1/2012.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5360.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-291-000.
    Applicants: Florida Power & Light Company.
    Description: Florida Power & Light Company submits tariff filing
per 35: FPL Waiver Order Compliance Filing to be effective 4/20/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5362.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-292-000.
    Applicants: NextEra Energy Duane Arnold, LLC.
    Description: NextEra Energy Duane Arnold, LLC submits tariff filing
per 35: NextEra Energy Duane Arnold, LLC Waiver Compliance Filing to be
effective 4/20/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5372.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-293-000.
    Applicants: NextEra Energy Point Beach, LLC.
    Description: NextEra Energy Point Beach, LLC submits tariff filing
per 35: NEE Point Beach Waiver order Compliance to be effective 4/20/
2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5375.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-294-000.
    Applicants: NextEra Energy Seabrook, LLC.
    Description: NextEra Energy Seabrook, LLC submits tariff filing per
35: NEE Seabrook, LLC Waiver Order Compliance Filing to be effective 4/
20/2011.

    Filed Date: 10/31/2011.
    Accession Number: 20111031-5379.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-295-000.
    Applicants: NaturEner Rim Rock Wind Energy, LLC.
    Description: NaturEner Rim Rock Wind Energy, LLC submits tariff
filing per 35.12: Application for Market-Based Rate Authority and
Request for Related Waivers to be effective 12/15/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5409.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-296-000.
    Applicants: Public Service Electric and Gas Company, PJM
Interconnection, LLC.
    Description: Public Service Electric and Gas Company submits tariff
filing per 35.13(a)(2)(iii: PSEG submits revisions to PJM's Tariff
Attach H-10A to include the NGR Project to be effective 1/1/2012.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5414.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-297-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii: 10-31-11 Attachment O to be
effective 1/1/2012.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5418.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: ER12-298-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy, Inc. submits tariff filing per
35.13(a)(2)(iii: Caney River Wind Project, LLC, Balancing Area Services
Agreement to be effective 10/1/2011.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5419.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

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

    Docket Numbers: ES12-5-000.
    Applicants: Mississippi Power Company.
    Description: Application of Mississippi Power Company.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5413.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Take notice that the Commission received the following land
acquisition reports:

    Docket Numbers: LA11-3-000.
    Applicants: BP Energy Company, BP West Coast Products LLC, Cedar
Creek Wind Energy, LLC, Cedar Creek II, LLC, Flat Ridge Wind Energy,
LLC, Fowler Ridge II Wind Farm LLC, Fowler Ridge III Wind Farm LLC,
Fowler Ridge Wind Farm LLC, Goshen Phase II, LLC, Long Island Solar
Farm LLC, Rolling Thunder I Power Partners, LLC, Watson Cogeneration
Company, Whiting Clean Energy, Inc.
    Description: Report of BP Energy Company, et al.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5117.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: LA11-3-000.
    Applicants: Astoria Generating Company, L.P.
    Description: Quarterly Land Acquisition Report of Astoria
Generating Company, L.P.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5124.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: LA11-3-000.
    Applicants: NRG Energy, Inc., Aqua Caliente Solar, LLC, Arthur Kill
Power LLC, Astoria Gas Turbine Power LLC, Avenal Park LLC, Bayou Cove
Peaking Power LLC, Big Cajun I Peaking Power LLC, Cabrillo Power I LLC,
Cabrillo Power II LLC, Conemaugh Power LLC, Connecticut Jet Power LLC,
Cottonwood Energy LP, Devon Power LLC, Dunkirk Power LLC, El Segundo
Energy Center LLC, El Segundo Power, LLC, El Segundo Power II LLC,
GenConn Devon LLC, GenConn Energy LLC, GenConn Middletown LLC, Green
Mountain Energy Company, Huntley Power LLC, Indian River Power LLC,
Keystone Power LLC, Long Beach Generation LLC, Long Beach Peakers LLC,
Louisiana Generating LLC, Middletown Power LLC, Montville Power LLC,
NEO Freehold-Gen LLC, Norwalk Power LLC, NRG Energy Center Dover LLC,
NRG Energy Center Paxton LLC, NRG New Jersey Energy Sales LLC, NRG
Power Marketing LLC, NRG Rockford LLC, NRG Rockland II LLC, NRG Solar
Blythe LLC, NRG Sterlington Power LLC, Oswego Harbor Power LLC, Reliant
Energy Northeast LLC, Saguaro Power Company, A Limited Partnership,
Sand Drag LLC, Somerset Power LLC, Sun City Project LLC, Vienna Power
LLC.
    Description: Order 697-C Compliance Filing Regarding Site Control
of NRG Power Marketing LLC, et al.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5193.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: LA11-3-000.
    Applicants: Macho Springs Power I, LLC.
    Description: Land Acquisition Report for Q3 2011 of Macho Springs
Power I, LLC.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5223.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: LA11-3-000.
    Applicants: Alabama Electric Marketing, LLC, Big Sandy Peaker
Plant, LLC, California Electric Marketing, LLC, Crete Energy Venture,
LLC, CSOLAR IV South, LLC, High Desert Power Project, LLC, Kiowa Power
Partners, LLC, Lincoln Generating Facility, LLC, New Covert Generating
Company, LLC, New Mexico Electric Marketing, LLC, Rolling Hills
Generating, LLC, Tenaska Alabama Partners, L.P., Tenaska Gateway
Partners Ltd., Tenaska Georgia Partners, L.P., Tenaska Power Services
Co., Tenaska Virginia Partners, L.P., Tenaska Washington Partners,
L.P., Texas Electric Marketing, LLC, TPF Generation Holdings, LLC, Wolf
Hills Energy, LLC.
    Description: Quarterly Land Aquisition Report of Alabama Electric
Marketing, LLC, et al.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5340.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: LA11-3-000.
    Applicants: Auburndale Peaker Energy Center, L.L.C., Bethpage
Energy Center 3, LLC, Broad River Energy LLC, Calpine Bethlehem, LLC,
Calpine Construction Finance Company, L.P., Calpine Energy Services,
L.P., Calpine Gilroy Cogen, L.P., Calpine Greenleaf, Inc., Calpine Mid-
Atlantic Generation, LLC, Calpine Mid-Atlantic Marketing, LLC, Calpine
Mid Merit, LLC, Calpine New Jersey Generation, LLC, Calpine Newark,
LLC, Calpine Oneta Power, LLC, Calpine Philadelphia Inc., Calpine Power
America--CA, LLC, Calpine Power America--OR, LLC, Calpine Vineland
Solar, LLC, Carville Energy LLC, CES Marketing V, L.P., CES Marketing
IX, LLC, CES Marketing X, LLC, Columbia Energy LLC, CPN Bethpage 3rd
Turbine, Inc., Creed Energy Center, LLC, Decatur Energy Center, LLC,
Delta Energy Center, LLC, Geysers Power Company, LLC, Gilroy Energy
Center, LLC, Goose Haven Energy Center, LLC, Hermiston Power, LLC, KIAC
Partners, Los Esteros Critical Energy Facility, LLC, Los Medanos Energy
Center, LLC, Mankato Energy Center, LLC, Metcalf Energy Center, LLC,
Mobile Energy, LLC, Morgan Energy Center, LLC, Nissequogue Cogen
Partners, Otay Mesa Energy Center, LLC,

Pastoria Energy Center, LLC, PCF2, LLC, Pine Bluff Energy, LLC, Power
Contract Financing, L.L.C., Riverside Energy Center, LLC, RockGen
Energy, LLC, Santa Rosa Energy Center, LLC, South Point Energy Center,
LLC, TBG Cogen Partners, and Zion Energy LLC.
    Description: Quarterly Land Acquisition Report of Auburndale Peaker
Energy Center, LLC, et al.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5393.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: LA11-3-000.
    Applicants: Ashtabula Wind, LLC, Ashtabula Wind II, LLC, Ashtabula
Wind III, LLC, Backbone Mountain Windpower LLC, Badger Windpower, LLC,
Baldwin Wind, LLC, Bayswater Peaking Facility, LLC, Blythe Energy, LLC,
Butler Ridge Wind Energy Center, LLC, Calhoun Power Company I, LLC,
Crystal Lake Wind, LLC, Crystal Lake Wind II, LLC, Crystal Lake Wind
III, LLC, Day County Wind, LLC, Diablo Winds, LLC, Doswell Limited
Partnership, Elk City Wind, LLC, Elk City II Wind, LLC, ESI Vansycle
Partners, L.P., Florida Power & Light Co., FPL Energy Burleigh County
Wind, LLC, FPL Energy Cabazon Wind, LLC, FPL Energy Cape, LLC, FPL
Energy Cowboy Wind, LLC, FPL Energy Green Power Wind, LLC, FPL Energy
Hancock County Wind, LLC, FPL Energy Illinois Wind, LLC, FPL, Energy
Maine Hydro LLC, FPL Energy Marcus Hook, L.P., FPL Energy MH50 L.P.,
FPL Energy Montezuma Wind, LLC, FPL Energy Mower County, LLC, FPL
Energy New Mexico Wind, LLC, FPL Energy North Dakota Wind, LLC, FPL
Energy North Dakota Wind II, LLC, FPL Energy Oklahoma Wind, LLC, FPL
Energy Oliver Wind I, LLC, FPL Energy Oliver Wind II, LLC, FPL Energy
Sooner Wind, LLC, FPL Energy South Dakota Wind, LLC, FPL Energy
Stateline II, Inc., FPL Energy Vansycle, LLC, FPL Energy Wyman, LLC,
FPL Energy Wyman IV, LLC, FPL Energy Wyoming, LLC, FPLE Rhode Island
State Energy, L.P., Garden Wind, LLC, Gray County Wind Energy, LLC,
Hatch Solar Energy Center I, LLC, Hawkeye Power Partners, LLC, High
Majestic Wind Energy Center, LLC, High Winds, LLC, Jamaica Bay Peaking
Facility, LLC, Lake Benton Power Partners II, LLC, Langdon Wind, LLC,
Logan Wind Energy LLC, Meyersdale Windpower LLC, Mill Run Windpower,
LLC, Minco Wind, LLC, Minco Wind II, LLC, NEPM II, LLC, NextEra Energy
Duane Arnold, LLC, NextEra Energy Montezuma II Wind, LLC, NextEra
Energy Power Marketing, LLC, NextEra Energy Point Beach, LLC, NextEra
Energy Seabrook, LLC, NextEra Energy Services Massachusetts, LLC,
Northeast Energy Associates, A Limited Partnership, North Jersey Energy
Associates, A Limited Partnership, Northern Colorado Wind Energy, LLC,
Osceola Windpower, LLC, Osceola Windpower II, LLC, Paradise Solar Urban
Renewal, LLC, Peetz Table Wind Energy, LLC, Pennsylvania Windfarms,
Inc., Red Mesa Wind, LLC, Sky River LLC, Somerset Windpower, LLC, Story
Wind, LLC, Vasco Winds, LLC, Victory Garden Phase IV, LLC, Waymart Wind
Farm, L.P., Wessington Wind Energy Center, LLC, White Oak Energy, LLC,
Wilton Wind II, LLC, Windpower Partners 1993, L.P.
    Description: NextEra Energy Companies submit Third Quarter 2011
Site Control Quarterly Filing.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5423.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: LA11-3-000.
    Applicants: East Coast Power Linden Holding, LLC, Cogen
Technologies Linden Venture, L.P., Fox Energy Company, LLC, Birchwood
Power Partners, L.P., Shady Hills Power Company, LLC, EFS Parlin
Holdings, LLC, Inland Empire Energy Center, LLC
    Description: GE Companies submit Third Quarter 2011 Site Control
Quarterly Filing under LA11-3.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5425.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2011.

    Docket Numbers: LA11-3-000.
    Applicants: Black Hills Power, Inc., Black Hills/Colorado Electric
Utility Company, LP, Black Hills Wyoming, LLC, Cheyenne Light, Fuel and
Power Company, Enserco Energy, Inc.
    Description: Black Hills Utilities submit Third Quarter 2011 Site
Control Quarterly Filing.
    Filed Date: 10/31/2011.
    Accession Number: 20111031-5427.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 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: November 1, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-28863 Filed 11-7-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 22, 2006 (Volume 71, Number 184)]
[Rules and Regulations]
[Page 55284-55287]
[DOCID:fr22se06-3]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2006-0210; FRL-8220-5]

Approval and Promulgation of State Implementation Plans; Utah;
Revised Definitions of Volatile Organic Compounds and Clearing Index;
Direct Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action approving State
Implementation Plan (SIP) revisions submitted by the State of Utah on
November 11 and November 23, 2005. The revisions are to the Utah
Administrative Code (UAC) rule R307-101-2 and (1) incorporate by
reference the federal definition of ``Volatile Organic Compounds''
(VOC), and (2) update the definition of ``Clearing Index''. The
intended effect of this action is to make federally enforceable these
revised definitions to the Utah SIP. This action is being taken under
section 110 of the Clean Air Act.

DATES: This rule is effective on November 21, 2006 without further
notice, unless EPA receives adverse comment by October 23, 2006. If
adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register informing the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2006-0210, by one of the following methods:
     http://www.regulations.gov. Follow the on-line

instructions for submitting comments.
     E-mail:
<EMAIL_ADDRESS>and<EMAIL_ADDRESS>

     Fax:<PHONE_NUMBER> (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Richard R. Long, Director, Air and Radiation
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 999 18th Street, Suite 200, Denver, Colorado 80202-2466.
     Hand Delivery: Richard R. Long, Director, Air and
Radiation Program, Environmental Protection Agency (EPA), Region 8,
Mailcode 8P-AR, 999 18th Street, Suite 300, Denver, Colorado 80202-
2466. Such deliveries are only accepted Monday through Friday, 8 a.m.
to 4:55 p.m., excluding Federal holidays. Special arrangements should
be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2006-0210. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site

is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA, without
going through http://www.regulations.gov your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
 For additional instructions on submitting

comments, go to Section I. General Information of the SUPPLEMENTARY
INFORMATION section of this document.
    Docket: All documents in the docket are listed in the http://www.regulations.gov
 index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air and Radiation

Program, Environmental Protection Agency (EPA), Region 8, 999 18th
Street, Suite 300, Denver, Colorado 80202-2466. EPA requests that if at
all possible, you contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to view the hard copy of the
docket. You may view the hard copy of the docket Monday through Friday,
8 a.m. to 4 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Domenico Mastrangelo, Air and
Radiation Program, Mailcode 8P-AR, Environmental Protection Agency
(EPA), Region 8, 999 18th Street, Suite 200, Denver, Colorado 80202-
2466,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. What is the Purpose of This Action?
III. What is the State Process to Submit These Materials to EPA?
IV. EPA's Review of the State of Utah's November 11 and November 25,
2005 Submittals
V. Final Action
VI. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation Plan.
    (iv) The words State or Utah mean the State of Utah, unless the
context indicates otherwise.

I. General Information

A. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://regulations.gov or e-mail. Clearly mark the part or all of the

information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
    a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline
identified.

II. What is the Purpose of This Action?

    EPA is approving revisions to the definitions of Volatile Organic
Compounds (VOC) and Clearing Index in Utah's rule R307-101-2. On
November 11, 2005, the State of Utah submitted revisions to the
definition of VOC. The revised VOC definition incorporates by reference
40 CFR 51.100(s). On November 23, 2005, the State of Utah submitted a
revised definition of the Clearing Index. The revised definition of the
Clearing Index reflects a more specific and expanded clearing index
forecast generated by the National Weather Service (NWS).

III. What is the State Process to Submit These Materials to EPA?

    Section 110(k) of the CAA addresses our actions on submissions of
revisions to a SIP. The CAA requires States to observe certain
procedural requirements in developing SIP revisions for submittal to
us. Section 110(a)(2) of the CAA requires that each SIP revision be
adopted after reasonable notice and public hearing. This must occur
prior to the revision being submitted by a State to us.
    The Utah Air Quality Board (UAQB) held a public hearing for the
revised definition of VOC on May 24, 2005. The definition was adopted
by the UAQB on July 6, 2005 and became State effective on July 7, 2005.
The UAQB held a public hearing for the revised definition of Clearing
Index on July 19, 2005. The definition was adopted by the UAQB on
September 7, 2005 and became State effective on September 8, 2005. The
Governor submitted these SIP revisions to us on November 11 and
November 23, 2005 respectively.
    We have evaluated the Governor's submittal of these SIP revisions
and have determined that the State met the requirements for reasonable
notice and public hearing under section 110(a)(2) of the CAA. As
required by section 110(k)(1)(B) of the CAA, we reviewed these SIP
materials for conformance with the completeness criteria in 40 CFR 51,
Appendix V and determined that the submittals were administratively and
technically complete.

IV. EPA's Review of the State of Utah's November 11 and November 25,
2005 Submittals

1. Changes to the Definition of Volatile Organic Compounds

    Utah's revision to the definition of VOC in Rule R307-101-2
incorporates by reference federal regulation 40 CFR 51.100(s)(1) as
updated by EPA on November 29, 2004 (69 FR 69290). This revision to the
Utah SIP is, therefore, approvable.

2. Changes to the Definition of the Clearing Index

    Utah's revised definition of the Clearing Index in Rule R307-101-2
reflects technological advances implemented by the National Weather
Service (NWS). The value of the clearing index forecast provided by NWS
is used to foresee the degree to which an area's air quality would be
degraded by open burning operations or by industrial processes. In the
1970s the NWS began forecasting a daily clearing index for three air
basins in the State of Utah. New technology, implemented in recent
years, has allowed the NWS to upgrade its clearing index forecast to a
three-day forecast for any point in the State instead of the previous
three air basins. The NWS clearing index forecast is accessible online
at no cost, through an interface on the NWS Web site. Based on the
above, we have concluded the revised definition of the Clearing Index
is approvable.

V. Final Action

    EPA is approving, through direct final rulemaking, revisions to the
definitions of VOC and of the Clearing Index in Utah's rule R307-101-2.
    Section 110(l) of the CAA states that a SIP revision cannot be
approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of a

NAAQS or any other applicable requirement of the CAA. The revised
definitions of VOCs and of the Clearing Index will not interfere with
attainment, reasonable further progress, or any other applicable
requirement of the CAA.
    EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the ``Proposed Rules'' section of today's
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision if adverse
comments are filed. This rule will be effective November 21, 2006
without further notice unless the Agency receives adverse comments by
October 23, 2006. If the EPA receives adverse comments, EPA will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. EPA will address all public
comments in a subsequent final rule based on the proposed rule. The EPA
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.

VI. Statutory and Executive Order Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 21, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: September 1, 2006.
Kerrigan G. Clough,
Acting Regional Administrator, Region VIII.

0
40 CFR part 52 is amended to read as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart TT--Utah

0
2. Section 52.2320 is amended by adding paragraphs (c)(63) to read as
follows:

Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *
    (63) Revisions to the definition of ``Volatile Organic Compounds,''
in UAC rule R307-101-2, as submitted by the Governor on November 11,
2005. Revisions to the definition of ``Clearing Index,'' in UAC rule
R307-101-2, as submitted by the Governor on November 23, 2005.
    (i) Incorporation by reference.
    (A) Utah Administrative Code rule R307-101-2, as adopted by the
Utah Air Quality Board on July 6, 2005, effective on July 7, 2005. This
incorporation by reference extends only to the definition of Volatile
Organic Compounds and excludes any other provisions that R307-101-02
incorporates by reference.

    (B) Utah Administrative Code rule R307-101-2, as adopted by the
Utah Air Quality Board on September 7, 2005, effective on September 8,
2005. This incorporation by reference extends only to the definition of
the Clearing Index and excludes any other provisions that R307-101-2
incorporates by reference.

[FR Doc. 06-7954 Filed 9-21-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: August 13, 2009 (Volume 74, Number 155)]
[Notices]
[Page 40829]
[DOCID:fr13au09-58]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2009-0654]

Certificate of Alternative Compliance for the Offshore Supply
Vessel HOS SILVER ARROW

AGENCY: Coast Guard, DHS.

ACTION: Notice.

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SUMMARY: The Coast Guard announces that a Certificate of Alternative
Compliance was issued for the offshore supply vessel HOS SILVER ARROW
as required by 33 U.S.C. 1605(c) and 33 CFR 81.18.

DATES: The Certificate of Alternative Compliance was issued on July 2,
2009.

ADDRESSES: The docket for this notice is available for inspection or
copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. You may also find this
docket on the Internet by going to http://www.regulations.gov,
inserting USCG-2009-0654 in the ``Keyword'' box, and then clicking
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call CWO2 David Mauldin, District Eight, Prevention Branch, U.S. Coast
Guard, telephone<PHONE_NUMBER>. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    The offshore supply vessel HOS SILVER ARROW will be used for
offshore supply operations. The Certificate of Alternative Compliance
allows for the horizontal distance between the forward and aft masthead
lights to be 21' 11''. Placing the aft masthead light at the horizontal
distance from the forward masthead light as required by Annex I,
paragraph 3(a) of the 72 COLREGS, and Annex I, Section 84.05(a) of the
Inland Rules Act, would result in an aft masthead light location
directly over the cargo deck, where it would interfere with loading and
unloading operations.
    The Certificate of Alternative Compliance allows for the horizontal
separation of the forward and aft masthead lights to deviate from the
requirements of Annex I, paragraph 3(a) of 72 COLREGS, and Annex I,
Section 84.05(a) of the Inland Rules Act.
    This notice is issued under authority of 33 U.S.C. 1605(c), and 33
CFR 81.18.

    Dated: July 27, 2009.
J.W. Johnson,
Commander, U.S. Coast Guard, Chief, Inspections and Investigations
Branch, By Direction of the Commander Eighth Coast Guard District.
[FR Doc. E9-19398 Filed 8-12-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 77, Number 168 (Wednesday, August 29, 2012)]
[Notices]
[Pages 52323-52324]
[FR Doc No: 2012-21268]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2004-0060; FRL 9521-7]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Certification and Compliance
Requirements for Nonroad Spark-Ignition Engines (Renewal)

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 September 28,
2012.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2004-0060 to (1) EPA online using www.regulations.gov (our preferred
method), by email to<EMAIL_ADDRESS>or by mail to: EPA Docket
Center, Environmental Protection Agency, Air and Radiation Docket
(28221T), 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: Nydia Yanira Reyes-Morales,
Environmental Protection Agency, 1200 Pennsylvania Avenue, Mail Code
6403J NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email 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 March 28, 2012 (77 FR
18802), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d).
EPA received no comments during the comment period. 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-2004-0060, which is available for online viewing at
www.regulations.gov, or in person viewing at the Air Docket in the EPA
Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave.
NW., Washington, DC. The EPA/DC Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the Air Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at
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 www.regulations.gov as EPA receives
them and without change, unless the comment contains copyrighted
material, confidential business information (CBI), or other information
whose public disclosure is restricted by statute. For further
information about the electronic docket, go to www.regulations.gov.
    Title: Certification and Compliance Requirements for Nonroad Spark-
Ignition Engines (Renewal).
    ICR Numbers: EPA ICR No. 1695.10, OMB Control No. 2060-0338.
    ICR Status: This ICR is scheduled to expire on August 31, 2012.
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 information collection is requested under the
authority of Title II of the Clean Air Act (42 U.S.C. 7521 et seq.).
Under this Title, EPA is charged with issuing certificates of
conformity for those engines that comply with applicable emission
standards. Such a certificate must be issued before engines may be
legally introduced into commerce. To apply for a certificate of
conformity, manufacturers are required to submit descriptions of their
planned production line, including detailed descriptions of the
emission control system, and test data. This information is organized
by ``engine family'' groups expected to have similar emission
characteristics. The emission values achieved during certification
testing may also be used in the Averaging, Banking, and Trading (ABT)
Program. The program allows manufacturers to bank credits for engine
families that emit below the standard and use the credits for families
that emit above the standard. They may also trade banked credits with
other manufacturers. Participation in the ABT program is voluntary.
Different categories of spark-ignition engines may also be required to
comply with production-line testing and in-use testing. There are also
recordkeeping and labeling requirements. For this renewal, former ICR
1722.06 (``Emission Certification and Compliance Requirements for
Spark-Ignition Marine Engine, OMB Control Number 2060-0321) and former
ICR 2251.03 (Control of Emissions from Nonroad Spark-Ignition Engines
and Equipment, OMB Control Number 2060-0603) were incorporated into ICR
1695.10. This action was undertaken to consolidate certification and
compliance information requirements for spark-ignition engines into one
ICR for simplification. With this consolidation, we combine the entire
certification and compliance burden associated with the spark-ignition
engine industry. This information is collected electronically by the
Gas Engine Compliance Center (GECC), Compliance Division, Office of
Transportation and Air Quality (OTAQ), Office of Air and Radiation of
the U.S. Environmental Protection Agency. GECC uses this information to
ensure that manufacturers are in compliance with applicable regulations
and the Clean Air Act (CAA). It may also be used by EPA's Office of
Enforcement and Compliance Assurance (OECA) and the Department of
Justice for enforcement purposes. Non-Confidential Business Information
(CBI) may be disclosed on OTAQ's Web site or upon request under the
Freedom of Information Act to trade associations, environmental groups,
and the public.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 83
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements 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: Manufacturers of nonroad spark-
ignition engines and marine spark-ignition engines.
    Estimated Number of Respondents: 354.
    Frequency of Response: Annual or on occasion.
    Estimated Total Annual Hour Burden: 265,475 hours.
    Estimated Total Annual Cost: $27,238,590, which includes $9,604,355
annualized capital or O&M costs.
    Changes in the Estimates: There is a decrease of 98,711 hours in
the total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. There is a decrease in burden from the previous
ICR. This reduction is due primarily to the following reasons: (1) The
fact that most applications for certification are now carry-overs,
which require minimal time to prepare; and (2) the use of a web-based
system where manufacturers can submit their responses, including
applications for certification and reports under the other compliance
programs included in this ICR.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2012-21268 Filed 8-28-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: April 3, 2008 (Volume 73, Number 65)]
[Notices]
[Page 18304-18306]
[DOCID:fr03ap08-90]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 28228; 812-13368]

Kohlberg Capital Corporation; Notice of Application

March 28, 2008.
AGENCY: Securities and Exchange Commission (the ``Commission'').

ACTION: Notice of an application for an order under section 61(a)(3)(B)
of the Investment Company Act of 1940 (the ``Act'').

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Summary of Application: Applicant, Kohlberg Capital Corporation
(``Kohlberg Capital''), requests an order approving the proposal to
grant stock options to directors who are not also employees or officers
of Kohlberg Capital (the ``Non-Employee Directors'') under its 2008
Non-Employee Director Plan (the ``Plan'').

Filing Dates: The application was filed on February 27, 2007, and
amended on February 13, 2008, and March 21, 2008. Applicants have
agreed to file an amendment to the application during the notice
period, the substance of which is reflected in this notice.

Hearing or Notification of Hearing: An order granting the application
will be

issued unless the Commission orders a hearing. Interested persons may
request a hearing by writing to the Commission's Secretary and serving
applicant with a copy of the request, personally or by mail. Hearing
requests should be received by the Commission by 5:30 p.m. on April 22,
2008, and should be accompanied by proof of service on applicant, in
the form of an affidavit or, for lawyers, a certificate of service.
Hearing requests should state the nature of the writer's interest, the
reason for the request, and the issues contested. Persons who wish to
be notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090; Applicant, 295 Madison Avenue,
6th Floor, New York, NY, 10017.

FOR FURTHER INFORMATION CONTACT: Bruce R. MacNeil, Senior Counsel, at
(202) 551-6817, or Julia Kim Gilmer, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application is available for a fee at the
Public Reference Desk, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-0102 (telephone<PHONE_NUMBER>).

Applicant's Representations

    1. Kohlberg Capital, a Delaware corporation, is a business
development company (``BDC'') within the meaning of section 2(a)(48) of
the Act.\1\ Kohlberg Capital provides debt and equity growth capital to
privately-held middle market companies and its investment objective is
to generate current income and capital appreciation from the
investments made by those companies in senior secured term loans,
mezzanine debt and selected equity investments. Kohlberg Capital may
also invest in loans to larger, publicly traded companies, high-yield
bonds, distressed debt securities and debt and equity securities issued
by collateralized debt obligation funds. Kohlberg Capital's business
and affairs are managed under the direction of its board of directors
(``Board''). Kohlberg Capital does not have an external investment
adviser within the meaning of section 2(a)(20) of the Act.
---------------------------------------------------------------------------

    \1\ Section 2(a)(48) defines a BDC to be any closed-end
investment company that operates for the purpose of making
investments in securities described in sections 55(a)(1) through
55(a)(3) of the Act and makes available significant managerial
assistance with respect to the issuers of such securities.
---------------------------------------------------------------------------

    2. Kohlberg Capital requests an order under section 61(a)(3)(B) of
the Act that would approve the proposal under the Plan to issue stock
options to Non-Employee Directors to purchase shares of Kohlberg
Capital's common stock, $0.01 par value per share (``Common Stock'').
Kohlberg Capital has a seven member Board, four of whom are not
``interested persons'' (as defined in section 2(a)(19) of the Act)
(``Disinterested Directors''). The Non-Employee Directors are all
Disinterested Directors, but it is possible that Kohlberg Capital may
have Non-Employee Directors in the future who are interested persons of
Kohlberg Capital.\2\ The Board approved the Plan on February 5, 2008.
Kohlberg Capital's shareholders will vote on the Plan at its 2008
annual meeting of shareholders.
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    \2\ Each Non-Employee Director receives an annual fee of
$25,000, $500 for each committee meeting attended, and reimbursement
of reasonable out-of-pocket expenses incurred in attending Board
meetings. Each Non-Employee Director who serves as chairperson of a
Board committee receives an additional $5,000 per year, except that
the chairperson of the audit committee receives $10,000 per year.
---------------------------------------------------------------------------

    3. Kohlberg Capital's Non-Employee Directors are eligible to
receive stock options under the Plan. The Plan provides for the
issuance of a maximum of 75,000 shares of Kohlberg Capital's Common
Stock, in the aggregate, to Non-Employee Directors. The Plan also
provides that each Non-Employee Director will automatically be granted
options to purchase 5,000 shares of Kohlberg Capital's Common Stock on
the date of each annual meeting of shareholders of Kohlberg Capital
during the term of the Plan. One-half of the grant of options will vest
immediately and the remaining one-half of the grant of options will
vest on the earlier of (a) the first anniversary of the date of the
grant, or (b) the date immediately preceding the next annual meeting of
shareholders. A Non-Employee Director who is appointed to serve on the
Board outside the annual election cycle will automatically be granted
options for a number of shares of Common Stock equal to the product of
(x) the number of full months remaining until the next annual meeting
of shareholders divided by 12 and (y) 5,000. One-half of the pro-rata
grant will vest immediately and the remaining one-half of the pro-rata
grant on the earlier of (a) the first anniversary of the preceding
annual meeting of shareholders, or (b) the date immediately preceding
the next annual meeting of shareholders.
    4. Under the terms of the Plan, the exercise price of an option
will not be less than the current market value of, or if no such market
value exists, the current net asset value per share of, Kohlberg
Capital's Common Stock on the date of the issuance of the option.\3\
Options granted under the Plan will expire within ten years from the
date of grant and may not be assigned or transferred other than by will
or the laws of descent and distribution.
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    \3\ Under the Plan, ``current market value'' is the closing
price of the Common Stock on the NASDAQ Global Select Market on the
date the option is granted.
---------------------------------------------------------------------------

    5. Kohlberg Capital's officers and employees have been eligible to
receive options under Kohlberg Capital's 2006 equity incentive plan
under which Non-Employee Directors are not entitled to participate (the
``Employee Plan''). As of December 31, 2007, Kohlberg Capital had
18,017,699 shares of Common Stock outstanding.\4\ The 75,000 shares of
Kohlberg Capital's Common Stock that may be issued to Non-Employee
Directors under the Plan represent 0.42% of Kohlberg Capital's
outstanding voting securities as of December 31, 2007. As of the same
date, Kohlberg Capital had no outstanding warrants or rights to
purchase its voting securities and the amount of voting securities that
would result from the exercise of all outstanding options issued to
Kohlberg Capital's officers and employees under the Employee Plan would
be 1,315,000 shares of Common Stock, or approximately 7.30% of Kohlberg
Capital's outstanding voting securities.
---------------------------------------------------------------------------

    \4\ Kohlberg Capital's Common Stock constitutes the only voting
security of applicant currently outstanding.
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Applicant's Legal Analysis

    1. Section 63(3) of the Act permits a BDC to sell its common stock
at a price below current net asset value upon the exercise of any
option issued in accordance with section 61(a)(3). Section 61(a)(3)(B)
provides, in pertinent part, that a BDC may issue to its non-employee
directors options to purchase its voting securities pursuant to an
executive compensation plan, provided that: (a) The options expire by
their terms within ten years; (b) the exercise price of the options is
not less than the current market value of the underlying securities at
the date of the issuance of the options, or if no market exists, the
current net asset value of the voting securities; (c) the proposal to
issue the options is authorized by the BDC's shareholders, and is
approved by order of the Commission upon application; (d) the options
are not transferable except for disposition by

gift, will or intestacy; (e) no investment adviser of the BDC receives
any compensation described in section 205(a)(1) of the Investment
Advisers Act of 1940, except to the extent permitted by clause (b)(1)
or (b)(2) of that section; and (f) the BDC does not have a profit-
sharing plan as described in section 57(n) of the Act.
    2. In addition, section 61(a)(3) provides that the amount of the
BDC's voting securities that would result from the exercise of all
outstanding warrants, options, and rights at the time of issuance may
not exceed 25% of the BDC's outstanding voting securities, except that
if the amount of voting securities that would result from the exercise
of all outstanding warrants, options, and rights issued to the BDC's
directors, officers, and employees pursuant to an executive
compensation plan would exceed 15% of the BDC's outstanding voting
securities, then the total amount of voting securities that would
result from the exercise of all outstanding warrants, options, and
rights at the time of issuance will not exceed 20% of the outstanding
voting securities of the BDC.
    3. Kohlberg Capital represents that its proposal to grant certain
stock options to Non-Employee Directors under the Plan meets all the
requirements of section 61(a)(3)(B). Kohlberg Capital states that the
Board is actively involved in the oversight of its affairs and that it
relies extensively on the judgment and experience of its Board. In
addition to their duties as Board members generally, Kohlberg Capital
states that the Non-Employee Directors provide guidance and advice on
operational matters, asset valuation and strategic direction, as well
as serving on committees. Kohlberg Capital believes that the
availability of options under the Plan will provide significant at-risk
incentives to Non-Employee Directors to remain on the Board and devote
their best efforts to ensure Kohlberg Capital's success. Kohlberg
Capital states that the options will provide a means for the Non-
Employee Directors to increase their ownership interests in Kohlberg
Capital, thereby ensuring close identification of their interests with
those of Kohlberg Capital and its shareholders. Kohlberg Capital
asserts that by providing incentives such as options, it will be better
able to maintain continuity in the Board's membership and to attract
and retain the highly experienced, successful and dedicated business
and professional people who are critical to Kohlberg Capital's success
as a BDC.
    4. Kohlberg Capital states that the amount of voting securities
that would result from the exercise of all outstanding options issued
to its officers and employees under the Employee Plan would be
1,315,000 shares of Kohlberg Capital's Common Stock, or approximately
7.30% of its outstanding voting securities as of December 31, 2007,
which is below the percentage limitations in the Act. Kohlberg Capital
asserts that, given the relatively small amount of Common Stock
issuable to Non-Employee Directors upon their exercise of options under
the Plan, the exercise of such options would not, absent extraordinary
circumstances, have a substantial dilutive effect on the net asset
value of Kohlberg Capital's Common Stock.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-6876 Filed 4-2-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 197 (Friday, October 10, 2014)]
[Notices]
[Pages 61357-61358]
[FR Doc No: 2014-24207]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73306; File No. SR-C2-2014-025]

Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend the Fees Schedule

October 6, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 30, 2014, C2 Options Exchange, Incorporated (the
``Exchange'' or ``C2'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend its Fees Schedule. The text of the
proposed rule change is available on the Exchange's Web site (http://www.c2exchange.com/Legal/), at the Exchange's Office of the Secretary,
and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Fees Schedule.\3\ Specifically,
the Exchange proposes to increase the Linkage Routing fee from $0.50
per contract to $0.65 per contract in addition to the applicable C2
taker fee. The Linkage Routing fee is assessed to all orders routed
pursuant to the Options Order Protection and Locked/Crossed Market
Plan, excluding Public Customer orders in equity option classes. The
purpose of the proposed change is to cover increased costs associated
with routing orders through Linkage and paying the transaction fees for
such executions at other exchanges.
---------------------------------------------------------------------------

    \3\ C2 initially filed the proposed fee change on September 2,
2014 (SR-C2-2014-021). On September 10, 2014, C2 withdrew that
filing and submitted filing SR-C2-2014-022. On September 18, 2014,
C2 withdrew SR-C2-2014-022 and submitted SR-C2-2014-023. On
September 30, 2014, C2 withdrew SR-C2-2014-023 and submitted this
filing.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\4\ Specifically, the
Exchange believes the proposed rule change is consistent with Section
6(b)(4) of the Act,\5\ which requires that Exchange rules provide for
the equitable allocation of reasonable dues, fees, and other charges
among its Trading Permit Holders and other persons using its
facilities.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    In particular, the Exchange's proposal to increase the Linkage
Routing fee from $0.50 per contract to $0.65 per contract is reasonable
because such increase will help offset the costs associated with
routing orders through Linkage and paying the transaction fees for such
executions at other exchanges. Additionally, the Exchange notes that if
a non-customer market participant wishes to avoid the Linkage fee, it
may choose to specify that C2 not route orders away on its behalf or
designate the order as Immediate or Cancel, which would prevent the
order from linking [sic] away to another Exchange [sic]. Moreover, a
non-customer market participant may route directly to exchanges posting
the best market if desired to avoid Linkage routing fees.
    The Exchange next notes that this fee amount will be assessed to
all orders routed via Linkage (excluding Public Customer orders in
equity options classes). The Exchange believes that this proposed
change is equitable and not unfairly discriminatory because non-
customer (e.g., broker-dealer proprietary) orders originate from
broker-dealers who are by and large more sophisticated than public
customers and can readily control the exchange to which their orders
are routed. While there may be some sophisticated customers who are
capable of directing the exchange to which their orders are routed,
generally, retail customers submit orders to their brokerages but do
not or cannot specify the exchange to which a customer order is sent.
Therefore, non-customer order flow can, in most cases, more easily
route directly to other markets if desired and thus avoid Linkage
routing fees. Therefore, it is equitable to assess a reasonable fee to
cover the costs incurred for processing non-customer Linkage orders
while continuing to exempt such Public Customer orders.

B. Self-Regulatory Organization's Statement on Burden on Competition

    C2 does not believe that the proposed rule change will impose any
burden on competition that is not necessary or

appropriate in furtherance of the purposes of the Act. In particular,
the increase to the Linkage Routing Fee will apply equally to all non-
customers. Additionally, although different linkage fees are assessed
to different market participants (i.e., non-customers vs public
customers), as described above, non-customer order flow can, in most
cases, more easily route directly to other markets if desired and thus
avoid Linkage fees. Therefore, it is equitable to assess a reasonable
fee to cover the costs incurred for processing non-customer Linkage
orders while continuing to exempt such public customer orders. The
Exchange believes that the proposal to increase the linkage fee amount
assessed to non-customers will not cause an unnecessary burden on
intermarket competition because although the total fee amount assessed
to an order routed via Linkage (i.e., the Linkage Routing fee and
applicable C2 taker fee) may not always be lower than assessed at other
exchanges, non-customer market participants may, as noted above, choose
to specify that C2 not route orders away on its [sic] behalf, designate
the order as Immediate or Cancel, or route directly to exchanges
posting the best market to avoid Linkage routing fees. To the extent
that the proposed changes make C2 a more attractive marketplace for
market participants at other exchanges, such market participants are
welcome to become C2 market participants.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \6\ and paragraph (f) of Rule 19b-4 \7\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-C2-2014-025 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-C2-2014-025. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-C2-2014-025, and should be
submitted on or before October 31, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-24207 Filed 10-9-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 11, 2009 (Volume 74, Number 27)]
[Notices]
[Page 6933-6934]
[DOCID:fr11fe09-99]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59321; File No. SR-NSCC-2008-08]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Order Granting Approval of a Proposed Rule Change To Amend
Rules To Add an Agreement From Fund Members That Submit Mutual Fund
Profile Information

January 30, 2009.

I. Introduction

    On September 30, 2008, the National Securities Clearing Corporation
(``NSCC'') filed with the Securities and Exchange Commission
(``Commission'') proposed rule change SR-NSCC-2008-08 pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'').\1\
Notice of the proposal was published in the Federal Register on
December 29, 2008.\2\ For the reasons discussed below, the Commission
is granting approval of the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ Securities Exchange Act Release No. 59105 (December 16,
2008), 73 FR 79530.
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II. Description

    The Mutual Fund Profile Service (``Profile'') is a central data
source for comprehensive fund prospectus and operational information
relating to mutual funds. The repository is a recognized industry
standard for information critical to the distribution of mutual funds
in the third-party market.
    Profile is organized into three databases: (1) Security Issue
Database (containing information such as Security ID number, security
name, fee structure, investment objectives, breakpoint schedule data,
and blue sky eligibility); (2) Participant Database (containing contact
information, NSCC processing capabilities and restrictions or
requirements); and (3) Distribution Database (containing projected or
actual distributions, capital gains and dividend amounts and details,
and commission information). NSCC fund members input data regarding
their mutual funds into the Security Issue and Participant Profile
databases. Profile is then accessed by the NSCC members that are mutual
fund distributors.
    NSCC has recently enhanced the Security Issue Database in Profile
to include new data fields needed by distributors and to re-engineer
the structure of the data hierarchy to be easier for fund members to
populate their data. Some of the enhancements to the Profile database
were initiated in response to a recommendation in the Report
(``Report'') of The Joint NASD/Industry Task Force on Breakpoints
(``Task Force'').\3\ NSCC has also adopted measures to assist funds
members in validating their data once it is in the Profile database by
developing reports that note probable inconsistencies among related
data fields, by arranging for free access by fund members to a vendor
tool that verifies Profile data, and by reaching out to fund members in
the form of personal contacts and an on-line web demonstration on
populating data into the Profile database.
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    \3\ The Task Force was formed in 2003 by the National
Association of Securities Dealers (``NASD'', now ``FINRA'') with the
participation of major fund companies, broker-dealers, NSCC, the
Securities Industries Association and the Investment Company
Institute, in response to the NASD examination findings in which it
was discovered that investors frequently failed to receive
appropriate breakpoint discounts in front-end sales load mutual fund
transactions. Recommendation (B) of the report stated that NSCC's
Profile database should be expanded to include breakpoint
aggregation terms and rules for all fund families and should include
identification of both link-eligible products (for example,
retirement plans, annuities, and insurance products and college
savings plans with mutual fund holdings). The Report also noted that
for this database to be effective, it must also be comprehensive.
Accordingly, mutual funds must fully and accurately populate the
database and must update the database on a timely basis.
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    Consistent with its efforts to expand Profile's capabilities as a
comprehensive and accurate source for the mutual fund distribution
industry, NSCC is now amending its rules to add an agreement that
requires NSCC fund members to have taken reasonable steps to validate
the accuracy of their data they submit to the Profile database. This
agreement is not intended to be either a basis for independent legal
rights against the fund member or is any third party intended or
permitted to rely upon it as a representation to a third party or upon
which a third-party can base any legal rights. NSCC requires similar
agreements from its members elsewhere in its rules and in its
membership agreement, such as the agreement required of a fund member
in Section 2 of Rule 51 to not submit a transaction through NSCC's
Mutual Fund Services in contravention of any applicable regulatory
requirements.

III. Discussion

    Section 17A(b)(3)(F) of the Act requires, among other things, that
the rules of a clearing agency be designed to promote the prompt and
accurate clearance and settlement of securities transactions, assure
the safeguarding of securities and funds which are in the custody or
control of the clearing agency or for which it is responsible, to
foster cooperation and coordination with persons engaged in the
clearance and settlement of securities transactions, to remove
impediments to and perfect the mechanism of a national system for the
prompt and accurate clearance and settlement of securities
transactions, and, in general, to protect investors and the public
interest.\4\ The rule change is consistent with the requirements of
Section 17A of the Act, because it should promote the prompt and
accurate clearance and settlement of securities transactions by
modifying an NSCC service in order to reduce the inherent risks
associated with securities certificates. Since NSCC's Profile database
is widely used by mutual fund distributors in processing the
distribution of mutual fund shares, the proposed rule change should
facilitate the prompt and accurate clearance and settlement of
securities transactions by assisting in the overall processing
efficiency of mutual fund transactions and reducing processing
difficulties resulting from incomplete or inaccurate information.
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    \4\ 15 U.S.C. 78q-1(b)(3)(F).
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    Accordingly, for the reasons stated above the Commission believes
that the rule change is consistent with NSCC's obligation under Section
17A of the Act.

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the Act and
in particular with the requirements of Section 17A of the Act and the
rules and regulations thereunder.\5\
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    \5\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition, and
capital formation.
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    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (File No. SR-NSCC-2008-08) be and hereby
is approved.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-2854 Filed 2-10-09; 8:45 am]

BILLING CODE 8011-01-P