[Federal Register Volume 76, Number 192 (Tuesday, October 4, 2011)]
[Notices]
[Pages 61466-61469]
[FR Doc No: 2011-25518]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65437; File No. SR-BATS-2011-038]

 Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing of a Proposed Rule Change To Modify the Rule for Halting Trading
in All Stocks Due to Extraordinary Market Volatility

September 28, 2011.
    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 27, 2011, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing with the Commission a proposal to modify
BATS Rule 11.18, entitled ``Trading Halts Due to Extraordinary Market
Volatility,'' to revise the current methodology for determining when to
halt trading in all stocks due to extraordinary market volatility.
    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant parts 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 BATS Rule 11.18 to revise the
current methodology for determining when to halt trading in all stocks
due to extraordinary market volatility. The Exchange is proposing this
rule change in consultation with other equity, options, and futures
markets, the Financial Industry Regulatory Authority, Inc. (``FINRA''),
and staffs of the Commission and the Commodity Futures Trading
Commission.
    Since May 6, 2010, when the markets experienced excessive
volatility in an abbreviated time period, i.e., the ``flash crash,''
the exchanges and FINRA have implemented market-wide measures designed
to restore investor confidence by reducing the potential for excessive
market volatility. Among the measures adopted include pilot plans for
stock-by-stock trading pauses \3\ and related changes to the clearly
erroneous execution rules \4\ and more stringent market maker quoting
requirements.\5\ In addition, on April 5, 2011, the equities exchanges
and FINRA filed a plan pursuant to Rule 608 of Regulation NMS to
address extraordinary market volatility (the ``Limit Up-Limit Down
Plan'').\6\ As proposed, the Limit Up-Limit Down Plan is designed to
prevent trades in individual NMS stocks from occurring outside
specified price bands.
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    \3\ BATS Rule 11.18(d) (under the proposal, to be re-numbered as
Rule 11.18(e)).
    \4\ BATS Rule 11.17.
    \5\ BATS Rule 11.8(d).
    \6\ See Securities Exchange Act Release No. 64547 (May 25,
2011), 76 FR 31647 (June 1, 2011).
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    The Joint CFTC-SEC Advisory Committee on Emerging Regulatory Issues
(``Committee'') has recommended that, in addition to the initiatives
already adopted or proposed, the markets should consider reforming the
existing market-wide circuit breakers. Among other things, the
Committee noted that the interrelatedness of today's highly electronic
markets warrants the need to review the present operation of the
system-wide circuit breakers now in place. Specifically, the Committee
recommended that the markets consider replacing the Dow Jones
Industrial Average (``DJIA'') with the S&P 500[reg] Index (``S&P
500''), revising the 10%, 20%, and 30% decline percentages, reducing
the length of trading halts, and allowing halts to be triggered up to
3:30 p.m.\7\
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    \7\ See Summary Report of the Committee, ``Recommendations
Regarding Regulatory Responses to the Market Events of May 6, 2010''
(Feb, 18, 2011). The Exchange notes that NYSE Euronext submitted a
comment letter to the Committee that recommended, among other
things, reform of the market-wide circuit breaker rules. See Letter
to Elizabeth Murphy, Secretary, Commission, from Janet M. Kissane,
SVP and Corporate Secretary, NYSE Euronext (July 19, 2010). The
proposed reforms set forth in this rule proposal differ slightly
from the changes recommended in that comment letter, and represent
consensus among the markets of how to address reform of the market-
wide circuit breakers.
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    The exchanges and FINRA have taken into consideration the
Committee's recommendations, and with some modifications, have proposed
changes to market-wide circuit breakers that the Exchange believes will
provide for a more meaningful measure in today's faster, more
electronic markets, of when to halt stocks on a market-wide basis as a
result of rapid market declines.
Background
    The market-wide halt rules currently in effect were initially
adopted in October 1988 as part of an effort by the securities and
futures markets to implement a coordinated means to address potentially
destabilizing market volatility.\8\ Accordingly, BATS Rule 11.18
provides for market-wide halts in trading at specified levels in order
to promote stability and investor confidence during a period of
significant stress. As the Commission noted in its approval order for
the current market-wide halt rule, the rule was intended to enable
market participants to establish equilibrium between buying and selling
interest and to ensure that market participants have an opportunity to
become aware of and respond to significant price movements.
Importantly, the market-wide circuit breakers were not intended to
prevent markets from adjusting to new price levels; rather, they
provide for a speed bump for extremely rapid market declines.\9\
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    \8\ See Securities Exchange Act Release No. 26198 (Oct. 19,
1988).
    \9\ Id.
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    In its current form,\10\ the rule provides for Level 1, 2, and 3
declines and specified trading halts following such declines. The
values of Levels 1, 2 and 3 are calculated at the beginning of each
calendar quarter, using 10%, 20% and 30%, respectively, of the average
closing value of the DJIA for the month prior to the beginning of the
quarter. Each percentage calculation is rounded to the nearest fifty
points to create the Levels' trigger points. The New York Stock
Exchange LLC (``NYSE'') currently disseminates the new trigger levels
quarterly to the media and via an Information Memo and is available on
the NYSE's Web site.\11\ The values then remain in effect until the
next quarterly calculation, notwithstanding whether the DJIA has moved
and a Level 1, 2, or 3 decline is no longer equal to an actual 10%,
20%, or 30% decline in the most recent closing value of the DJIA.
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    \10\ The rule was last amended in 1998, when declines based on
specified point drops in the DJIA were replaced with the current
methodology of using a percentage decline that is recalculated
quarterly. See Securities Exchange Act Release No. 39846 (April 9,
1998), 63 FR 18477 (April 15, 1998) (SR-NYSE-98-06, SR-Amex-98-09,
SR-BSE-98-06, SR-CHX-98-08, SR-NASD-98-27, and SR-Phlx-98-15).
    \11\ See, e.g., NYSE Regulation Information Memos 11-19 (June
30, 2011) and 11-10 (March 31, 2011).
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    Once a Rule 11.18 market-wide circuit breaker is in effect, trading
in all stocks halt for the time periods specified below:

Level 1 Halt
    Anytime before 2 p.m.--one hour;
    At or after 2 p.m. but before 2:30 p.m.--30 minutes;
    At or after 2:30 p.m.--trading shall continue, unless there is a
Level 2 Halt.
Level 2 Halt
    Anytime before 1 p.m.--two hours;
    At or after 1 p.m. but before 2 p.m.--one hour;
    At or after 2 p.m.--trading shall halt and not resume for the rest
of the day.
Level 3 Halt
    At any time--trading shall halt and not resume for the rest of the
day.

    Unless stocks are halted for the remainder of the trading day,
price indications are disseminated during a Rule 11.18 market-wide
trading halt for stocks that comprise the DJIA.
Proposed Amendments
    As noted above, the Exchange, other equities, options, and futures
markets, and FINRA propose to amend the market-wide circuit breakers to
take into consideration the recommendations of the Committee, and to
provide for more meaningful measures in today's markets

of when to halt trading in all stocks. Accordingly, the Exchange
proposes to amend Rule 11.18 as follows: (i) Replace the DJIA with the
S&P 500; (ii) replace the quarterly calendar recalculation of Rule
11.18 triggers with daily recalculations; (iii) replace the 10%, 20%,
and 30% market decline percentages with 7%, 13%, and 20% market decline
percentages; (iv) modify the length of the trading halts associated
with each market decline level; and (v) modify the times when a trading
halt may be triggered. The Exchange believes that these proposed
amendments update the rule to reflect today's high-speed, highly
electronic trading market while still meeting the original purpose of
the market-wide trading halt rule: to ensure that market participants
have an opportunity to become aware of and respond to significant price
movements.
    First, the Exchange proposes to replace the DJIA with the S&P 500.
The Exchange believes that because the S&P 500 is based on the trading
prices of 500 stocks, as compared to the 30 stocks that comprise the
DJIA, the S&P 500 represents a broader base of securities against which
to measure whether extraordinary market-wide volatility is occurring.
In addition, as noted by the Committee, using an index that correlates
closely with derivative products, such as the E-Mini and SPY, will
allow for a better cross-market measure of market volatility.
    Second, the Exchange proposes to change the recalculation of the
trigger values from once every calendar quarter to daily. The Exchange
believes that updating the trigger values daily will better reflect
current market conditions. In particular, a daily recalculation will
ensure that the percentage drop triggers relate to current market
conditions, and are not compared to what may be stale market
conditions. As noted in the proposed rule, the daily calculations of
the trigger values will be published before the trading day begins.\12\
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    \12\ The Exchange and other markets will provide notice to
market participants regarding the specific methodology for
publishing the daily calculations, as well as the manner by which
the markets will halt trading in all stocks should a Rule 11.18
market-wide trading halt be triggered.
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    Third, the Exchange proposes to decrease the current Level 1, 2,
and 3 declines of 10%, 20%, and 30% to a Level 1 Market Decline of 7%,
a Level 2 Market Decline of 13%, and Level 3 Market Decline of 20%. In
particular, as demonstrated by the May 6, 2010 flash crash, the current
Level 1 10% decline may be too high a threshold before determining
whether to halt trading across all securities. In fact, since adoption,
the markets have halted only once, on October 27, 1997.\13\
Accordingly, to reflect the potential that a lower, yet still
significant decline may warrant a market-wide trading halt, the
Exchange proposes to lower the market decline percentage thresholds.
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    \13\ At that time, the triggers were based on absolute declines
in the DJIA (350 point decrease for a Level 1 halt and 550 point
decrease for a Level 2 halt).
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    As further proposed, the Exchange would halt trading based on a
Level 1 or Level 2 Market Decline only once per day. For example, if a
Level 1 Market Decline were to occur and trading were halted, following
the reopening of trading, the Exchange would not halt the market again
unless a Level 2 Market Decline were to occur. Likewise, following the
reopening of trading after a Level 2 Market Decline, the Exchange would
not halt trading again unless a Level 3 Market Decline were to occur,
at which point, trading in all stocks would be halted until the primary
listing market opens the next trading day.
    Fourth, to correspond with the lower percentages associated with
triggering a trading halt, the Exchange also proposes to shorten the
length of the market-wide trading halts associated with each Level. As
proposed, a Level 1 or 2 Market Decline occurring after 9:30 a.m.\14\
and up to and including 3:25 p.m., or in the case of an early scheduled
close, 12:25 p.m., would result in a trading halt in all stocks for 15
minutes.
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    \14\ As set forth in proposed paragraph (g) to Rule 11.18, all
times referenced in the rule and in this proposal are Eastern Time.
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    The Exchange believes that by reducing the percentage threshold,
coupled with the reduced length of a trading halt, the proposed rule
would allow for trading halts for serious market declines, while at the
same time, would minimize disruption to the market by allowing for
trading to continue after the proposed more-abbreviated trading halt.
The Exchange believes that in today's markets, where trading
information travels in micro-second speed, a 15-minute trading halt
strikes the appropriate balance between the need to halt trading for
market participants to assess the market, while at the same time
reducing the time that the market is halted.
    Finally, because the proposed Level 1 and Level 2 trading halts
will now be 15 minutes, the Exchange proposes amending the rule to
allow for a Level 1 or 2 Market Decline to trigger a trading halt up to
3:25 p.m., or in the case of an early scheduled close, 12:25 p.m. Under
the current rule, a trading halt cannot be triggered after 2:30 p.m.,
and this time corresponds to the need for the markets both to reopen
following a 30-minute halt and to engage in a fair and orderly closing
process. However, as the markets experienced on May 6, 2010, even if
the Level 1 decline had occurred that day, because the market decline
occurred after 2:30 p.m., it would not have triggered a halt under the
current rule. The Committee recommended that trading halts be triggered
up to 3:30 p.m. The Exchange agrees that the proposed amendments must
strike the appropriate balance between permitting trading halts as late
in the day as feasible without interrupting the closing process.
    Accordingly, to accommodate existing Exchange rules concerning
closing procedures, the Exchange proposes that the last Level 1 or
Level 2 Market Decline trading halt should be 3:25 p.m., or in the case
of an early scheduled close, 12:25 p.m.
    As with current Level 3 declines, under the proposed rule, a Level
3 Market Decline would halt trading for the remainder of the trading
day, including any trading that may take place after 4:00 p.m., and
would not resume until the next trading day.
    In addition to these proposed changes, the Exchange proposes to add
to Rule 11.18 how the markets will reopen following a 15-minute market-
wide trading halt. In particular, similar to the reopening procedures
set forth in current Rule 11.18(d), the Exchange proposes that if the
primary listing market halts trading in all stocks, all markets will
halt trading in those stocks until the primary listing market has
resumed trading or notice has been provided by the primary listing
market that trading may resume. As further proposed, if the primary
listing market does not re-open a security within 15 minutes following
the end of the trading halt, other markets may resume trading in that
security.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\15\ In particular,
the proposal is consistent with Section 6(b)(5) of the Act,\16\ because
it would promote just and equitable principles of trade, remove
impediments to, and perfect the mechanism of, a free and open market
and a national market system. Specifically, this rule proposal supports

the objectives of perfecting the mechanism of a free and open market
and the national market system because it promotes uniformity across
markets concerning when and how to halt trading in all stocks as a
result of extraordinary market volatility.
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    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change imposes
any burden on competition.

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

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

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

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

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed
changes to the market-wide circuit breaker regime are consistent with
the Act. The Commission specifically requests comment on the following:
     As discussed above, the proposed rule change would narrow
the percentage market declines that would trigger a market-wide halt in
trading. How would the proposed changes interact with the existing
single-stock circuit breaker pilot program\17\ or, if approved, the
proposed NMS Plan to establish a limit-up/limit-down mechanism for
individual securities?\18\
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    \17\ See Securities Exchange Act Release No. 64735 (June 23,
2011), 76 FR 38243 (June 29, 2011) (SR-BATS-2011-016; SR-BYX-2011-
011; SR-BX-2011-025; SR-CBOE-2011-049; SR-CHX-2011-09; SR-EDGA-2011-
15; SR-EDGX-2011-14; SR-FINRA-2011-023; SR-ISE-2011-028; SR-NASDAQ-
2011-067; SR-NYSE-2011-21; SR-NYSEAmex-2011-32; SR-NYSEArca-2011-26;
SR-NSX-2011-06; SR-Phlx-2011-64) (approving the ``Phase III Pilot
Program''). The Phase III Pilot Program has been extended through
January 2012. See, e.g., Securities Exchange Act Release 65094
(August 10, 2011), 76 FR 50779 (August 16, 2011) (SR-NASDAQ-2011-
011).
    \18\ See Securities Exchange Act Release No. 64547 (May 25,
2011), 76 FR 31647 (June 1, 2011).
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     To what extent could the concurrent triggering of single
stock circuit breakers in many S&P 500 Index stocks lead to
difficulties in calculating the index? Would the triggering of many
single stock circuit breakers in a general market downturn cause the
index calculation to become stale and thereby delay the triggering of
the market-wide circuit breaker?
     Should the market-wide circuit breaker be triggered if a
sufficient number of single-stock circuit breakers or price limits are
triggered, and materially affect calculations of the S&P 500 Index?
     Should market centers implement rules that mandate
cancellation of pending orders in the event a market-wide circuit
breaker is triggered? If so, should such a rule require cancellation of
all orders or only certain order types (e.g., limit orders)? Should all
trading halts trigger such cancellation policies or should the
cancellation policies apply only to a Level 3 Market Decline?
     Should some provision be made to end the regular trading
session if a market decline suddenly occurs after 3:25 p.m. but does
not reach the 20% level?
     In the event of a Level 3 Market Decline, should some
provision be made for the markets to hold a closing auction?
     Should the primary market have a longer period (e.g., 30
minutes) to reopen trading following a Level 2 Market Decline before
trading resumes in other venues?
     In the event of a Level 3 Market Decline, should the
markets wait for the primary market to reopen trading in a particular
security on the next trading day before trading in that security
resumes?
    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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BATS-2011-038 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BATS-2011-038. This file
number should be ncluded on the subject line if e-mail 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 BATS. 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 publicly available. All
submissions should refer to File Number SR-BATS-2011-038 and should be
submitted on or before October 25, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-25518 Filed 10-3-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Rules and Regulations]
[Pages 39038-39044]
[FR Doc No: 2017-17413]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[EPA-HQ-OPPT-2017-0197; FRL-9964-77]
RIN 2070-AK32

Community Right-To-Know; Adopting 2017 North American Industry
Classification System (NAICS) Codes for Toxics Release Inventory (TRI)
Reporting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is updating the list of North American Industry
Classification System (NAICS) codes subject to reporting under the
Toxics Release Inventory (TRI) to reflect the Office of Management and
Budget (OMB) 2017 NAICS code revision. As a result of this action,
facilities would be required to use 2017 NAICS codes when reporting to
TRI beginning with TRI reporting forms that are due on July 1, 2018,
covering releases and other waste management quantities for the 2017
calendar year. EPA is also modifying the list of exceptions and
limitations associated with NAICS codes in the CFR for TRI reporting
purposes by deleting the descriptive text. EPA believes that these
amendments are non-controversial and does not expect to receive any
adverse comments. However, in addition to this direct final rule,
elsewhere in this issue of the Federal Register, EPA is issuing the
same amendment as a Notice of Proposed Rulemaking that will be used in
the event that adverse comment is received. If EPA receives no adverse
comment, the Agency will not take further action on the proposed rule
and the direct final rule will become effective as provided in this
action. If EPA receives relevant adverse comment, the Agency will
publish a timely withdrawal in the Federal Register informing the
public that this direct final action will not take effect and directing
them to the Notice of Proposed Rulemaking. EPA would then address all
relevant adverse public comments in a subsequent final rule.

DATES: This final rule is effective on November 15, 2017 without
further notice, unless EPA receives adverse comment by September 18,
2017. If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect and directing them to the Notice of Proposed
Rulemaking that appears elsewhere in this issue of the Federal
Register.

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2007-0197, is available at
http://www.regulations.gov or at the Office of Pollution Prevention and
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC. The 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 Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Stephanie Griffin, Toxics
Release Inventory Program Division, Mailcode 7410M, Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-1463; email address<EMAIL_ADDRESS>    For general information contact: The Emergency Planning and
Community Right-to-Know Information Center; telephone number: (800)
424-9346, TDD<PHONE_NUMBER>; Web site: https://www.epa.gov/home/epa-hotlines.

SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. Does this action apply to me?

    You may be potentially affected by this action if you own or
operate facilities that have 10 or more full-time employees or the
equivalent of 20,000 employee hours per year that manufacture, process,
or otherwise use toxic chemicals listed on the TRI, and that are
required under section 313 of the Emergency Planning and Community
Right-to-Know Act (EPCRA) or section 6607 of the Pollution Prevention
Act (PPA) to report annually to EPA and States or Tribes their
environmental releases or other waste management quantities of covered
chemicals. (A rule was published on April 19, 2012 (77 FR 23409),
requiring facilities located in Indian country to report to the
appropriate tribal government official and EPA instead of to the state
and EPA.)
    The following list of North American Industrial Classification
System (NAICS) codes is not intended to be exhaustive, but rather
provides a guide to help readers determine whether this document
applies to them. Potentially affected entities may include:
     Facilities included in the following NAICS manufacturing
codes (corresponding to Standard Industrial Classification (SIC) codes
20 through 39): 311*, 312*, 313*, 314*, 315*, 316, 321, 322, 323*, 324,
325*, 326*, 327, 331, 332, 333, 334*, 335*, 336, 337*, 339*, 111998*,
211112*, 212324*, 212325*, 212393*, 212399*, 488390*, 511110, 511120,
511130, 511140*, 511191, 511199, 512220, 512230*, 519130*, 541712*, or
811490*. (*Exceptions and/or limitations exist for these NAICS codes.)
     Facilities included in the following NAICS codes
(corresponding to SIC codes other than SIC codes 20 through 39):
212111, 212112, 212113 (corresponds to SIC code 12, Coal

Mining (except 1241)); or 212221, 212222, 212231, 212234, 212299
(corresponds to SIC code 10, Metal Mining (except 1011, 1081, and
1094)); or 221111, 221112, 221113, 221118, 221121, 221122, 221330
(limited to facilities that combust coal and/or oil for the purpose of
generating power for distribution in commerce) (corresponds to SIC
codes 4911, 4931, and 4939, Electric Utilities); or 424690, 425110,
425120 (limited to facilities previously classified in SIC code 5169,
Chemicals and Allied Products, Not Elsewhere Classified); or 424710
(corresponds to SIC code 5171, Petroleum Bulk Terminals and Plants); or
562112 (limited to facilities primarily engaged in solvent recovery
services on a contract or fee basis (previously classified under SIC
code 7389, Business Services, NEC)); or 562211, 562212, 562213, 562219,
562920 (limited to facilities regulated under the Resource Conservation
and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.) (corresponds to
SIC code 4953, Refuse Systems).
     Federal facilities. Under Executive Order 13693 (80 FR
15871, March 25, 2015), all Federal facilities are required to comply
with the provisions set forth in section 313 of EPCRA and section 6607
of the PPA. On June 10, 2015, the White House Council on Environmental
Quality (CEQ) issued Instructions for Implementing Executive Order
13693, requiring federal agencies and contractors to comply with these
laws regardless of NAICS code delineations (see 80 FR 34149, June 15,
2015).
    If you have any questions regarding the applicability of this
action to a particular entity, consult the technical person listed in
the FOR FURTHER INFORMATION CONTACT section.

B. What is the Agency's authority for taking this action?

    EPA is taking this action under sections 313(g)(1) and 328 of
EPCRA, 42 U.S.C. 11023(g)(1) and 11048. In general, section 313 of
EPCRA requires owners and operators of covered facilities in specified
SIC codes that manufacture, process, or otherwise use listed toxic
chemicals in amounts above specified threshold levels to report certain
facility specific information about such chemicals, including the
annual releases and other waste management quantities. Section
313(g)(1) of EPCRA requires EPA to publish a uniform toxic chemical
release form for these reporting purposes, and it also prescribes, in
general terms, the types of information that must be submitted on the
form. Congress also granted EPA broad rulemaking authority to allow the
Agency to fully implement the statute. EPCRA section 328 states that:
``The Administrator may prescribe such regulations as may be necessary
to carry out this chapter.'' 42 U.S.C. 11048.

C. What action is the Agency taking?

    In response to OMB's revisions to the NAICS codes effective January
1, 2017, EPA is amending 40 CFR part 372 to include 2017 NAICS codes
for TRI reporting. EPA is also modifying the list of exceptions and
limitations of NAICS codes for TRI reporting purposes in the CFR.
    Under this action, TRI reporting requirements remain unchanged.
However, due to the 2017 NAICS modifications, some facilities will need
to modify their reported NAICS codes as outlined in the table below,
which identifies only the revised TRI NAICS reporting codes and is not
an exhaustive list of all NAICS reporting codes subject to EPCRA
section 313 and PPA section 6607. A complete listing of all TRI covered
facilities can be found in the regulations at 40 CFR 372.23.

----------------------------------------------------------------------------------------------------------------
                                                                   2017 NAICS
       2012 NAICS  code         2012 NAICS and U.S. description       code       2017 NAICS and U.S. description
----------------------------------------------------------------------------------------------------------------
333911........................  Pump and Pumping Equipment               333914  Measuring, Dispensing, and
                                 Manufacturing.                                   Other Pumping Equipment
                                                                                Manufacturing.
333913........................  Measuring and Dispensing Pump                ''  ''
                                 Manufacturing.
335221........................  Household Cooking Appliance              335220  Major Household Appliance
                                 Manufacturing.                                   Manufacturing.
335222........................  Household Refrigerator and Home              ''  ''
                                 Freezer Manufacturing.
335224........................  Household Laundry Equipment                  ''  ''
                                 Manufacturing.
335228........................  Other Major Household Appliance              ''  ''
                                 Manufacturing.
512220........................  Integrated Record Production/            512250  Record Production and
                                 Distribution.                                    Distribution.
                                                                                This merges both TRI-covered
                                                                                and non-TRI-covered NAICS
                                                                                codes. Only 512220 (Integrated
                                                                                Record Production/
                                                                                Distribution) was covered by
                                                                                TRI. TRI will note that only
                                                                                the ``Integrated Record
                                                                                Production/Distribution''
                                                                                facilities under NAICS code
                                                                                512250 are required to report.
541712........................  Research and Development in the          541713  Research and Development in
                                 Physical, Engineering, and                       Nanotechnology.
                                 Life Sciences (except                           This merges both TRI-covered
                                 Biotechnology).                                  and non-TRI-covered NAICS
                                                                                codes. Only 541712 (Research
                                                                                and Development in the
                                                                                Physical, Engineering, and
                                                                                Life Sciences (except
                                                                                Biotechnology)) was covered by
                                                                                TRI. TRI will note that only
                                                                                the ``Research and Development
                                                                                in the Physical, Engineering,
                                                                                and Life Sciences (except
                                                                                Biotechnology)'' facilities
                                                                                under NAICS code 541713 are
                                                                                required to report. TRI does
                                                                                not include all facilities
                                                                                classified under NAICS code
                                                                                541712, and the same
                                                                                limitations will be extended
                                                                                to NAICS code 541713.
''............................  ''.............................          541715  Research and Development in the
                                                                                Physical, Engineering, and
                                                                                Life Sciences (except
                                                                                Nanotechnology and
                                                                                Biotechnology).
                                                                                TRI does not include all
                                                                                facilities classified under
                                                                                NAICS code 541712, and the
                                                                                same limitations will be
                                                                                extended to NAICS code 541715.
                                                                                TRI will specify which
                                                                                facilities under NAICS code
                                                                                541715 are required to report.

212231........................  Lead Ore and Zinc Ore Mining...        * 212230  Copper, Nickel, Lead, and Zinc
                                                                                Mining.
212234........................  Copper Ore and Nickel Ore                    ''  ''
                                 Mining.
----------------------------------------------------------------------------------------------------------------
* A conforming update is also being made to 40 CFR 372.38(h).

    Crosswalk tables between all 2012 NAICS codes and 2017 NAICS codes
can be found on the Internet at http://www.census.gov/epcd/www/naics.html.
    EPA is also modifying the list of exceptions and limitations of
NAICS codes for TRI reporting purposes in the CFR. Because NAICS codes
may cross-reference some SIC codes in both TRI-covered and non-covered
TRI sectors, EPA has historically included descriptive text in 40 CFR
part 372 to help indicate exceptions and limitations to TRI coverage
for a specific NAICS code in line with the previous SIC code
descriptors. However, NAICS codes are updated every five years, and
these updates may require EPA to revise this text describing an
exception or limitation to the scope of a particular NAICS code.
Consequently, this descriptive text does not always align fully with
SIC codes' full descriptions.
    For example, historically, 40 CFR part 372 would list NAICS code
323211 with the following exception: ``Exception is limited to
facilities primarily engaged in reproducing text, drawings, plans,
maps, or other copy, by blueprinting, photocopying, mimeographing, or
other methods of duplication other than printing or microfilming (i.e.,
instant printing) (previously classified under SIC 7334, Photocopying
and Duplicating Services, (instant printing))''. This action simplifies
the listing to display only the SIC code and title rather than include
the description: ``Exception is limited to facilities previously
classified under SIC 7334, Photocopying and Duplicating Services''.
    Moving forward, in 40 CFR part 372, EPA will not include
descriptive text for SIC codes when listing the limitations and
exceptions applicable to TRI-covered NAICS codes. Instead, the Agency
will simply list the SIC codes, including their titles, as applicable
limitations and exceptions. Because exceptions and limitations are
included in 40 CFR part 372.23(b) & (c) to align the listing of NAICS
codes with the list of SIC codes covered by TRI reporting requirements
as shown in 40 CFR part 372.23(a), the SIC codes rather than the
descriptive text defines the types of facilities covered by TRI. By
removing the descriptive text from the exceptions and limitations
listed in these two paragraphs, this action mitigates potential
confusion caused by qualitative descriptions of SIC codes and does not
alter the universe of the facilities affected by TRI reporting
requirements. Facilities with questions regarding the SIC code
descriptions should refer to the SIC manual, available at: https://www.osha.gov/pls/imis/sicsearch.html.

D. Why is EPA taking this action?

    On April 9, 1997, OMB published a Federal Register Notice of final
decision (62 FR 17288) to adopt the NAICS economic classification
system, replacing the SIC system which had traditionally been used by
the Federal Government for collecting and organizing industry-related
statistics. Consistent with EPCRA, on June 6, 2006, EPA amended 40 CFR
part 372 to include the 2002 NAICS codes that correspond to the SIC
codes that are currently subject to section 313 of EPCRA and section
6607 of the PPA (71 FR 32464). OMB revises the NAICS codes every five
years. Therefore, on June 9, 2008 (73 FR 32466), EPA amended 40 CFR
part 372 to include the 2007 NAICS codes that correspond to the SIC
codes that are currently subject to section 313 of EPCRA and section
6607 of the PPA, and again on July 18, 2013 (78 FR 42875), to include
the 2012 NAICS codes.
    In the Federal Register on August 4, 2015 (80 FR 46480), OMB
announced updated NAICS codes for 2017, and on August 8, 2016 (81 FR
52584), finalized and further modified the NAICS codes for 2017. This
direct final action will amend 40 CFR part 372 to include OMB's revised
NAICS codes for 2017.

E. How is EPA taking this action?

    Given the nature of this action, EPA is therefore taking this
action by publishing this direct final rule and a Notice of Proposed
Rulemaking elsewhere in this issue of the Federal Register.
    1. Direct final rule. Although EPA believes that this action is
non-controversial and is not expected to result in any adverse
comments, a direct final rule provides an opportunity for adverse
comment. If EPA receives no adverse comment, the Agency will not take
further action on the proposed rule and the direct final rule will
become effective as provided in this action. However, if EPA receives
relevant adverse comment, the Agency will publish a timely withdrawal
in the Federal Register informing the public that this direct final
action will not take effect and directing them to the proposed rule
that appears elsewhere in this issue of the Federal Register. EPA would
then address all adverse public comments in the context of issuing a
subsequent final rule.
    2. Proposed rule. In addition to this direct final rule, the same
amendments are presented in a proposed rule that appears elsewhere in
this issue of the Federal Register. As indicated previously, the
proposed rule will be used in the event that relevant adverse comment
is received on the amendment within this direct final rule.

F. What are the incremental impacts of this action?

    EPA analyzed the potential costs and benefits associated with this
action, and determined that since this action will not add or remove
any reporting requirements, there is no net increase in respondent
burden or other economic impacts to consider.

G. How do I submit a comment on this action?

    Submit your relevant adverse comments, identified by docket
identification (ID) number EPA-HQ-OPPT-2007-0197, by one of the
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review under Executive Orders 12866 (58 FR 51735, October 4, 1993)
and 13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden.
Facilities that are affected by the rule are already required to report
their industrial classification codes on the approved reporting forms
under section 313 of EPCRA and 6607 of the PPA. In addition, OMB has
previously approved the information collection requirements contained
in 40 CFR part 372 under the provisions of the PRA, 44 U.S.C. 3501 et
seq., and has assigned OMB control number 2025-0009 (EPA ICR No. 1363-
21) for Form R and Form A. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

    EPA certifies that this action will not have a significant economic
impact on a substantial number of small entities under the RFA, 5
U.S.C. 601 et seq. In making this determination, the impact of concern
is any significant adverse economic impact on small entities. An agency
may certify that a rule will not have a significant economic impact on
a substantial number of small entities if the rule relieves regulatory
burden, has no net burden or otherwise has a positive economic effect
on the small entities subject to the rule. This direct final rule adds
no new reporting requirements, and there would be no net increase in
respondent burden. This rule would only update the NAICS codes already
reported by respondents. This final rule will not impose any
requirements on small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action would impose no enforceable duty on any
state, local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications, as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999). It will 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.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This final rule
will not impose substantial direct compliance costs on Indian tribal
governments. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is not economically significant as defined
in Executive Order 12866, and because EPA does not believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not
likely to have a significant adverse effect on the supply, distribution
or use of energy.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards that would
require Agency consideration under NTTAA section 12(d), 15 U.S.C. 272
note.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations.

    EPA has determined that the human health or environmental risk
addressed by this action would not have potential disproportionately
high and adverse human health or environmental effects on minority,
low-income or indigenous populations, as specified in Executive Order
12898 (59 FR 7629, February 16, 1994).

K. Congressional Review Act (CRA)

    This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 372

    Environmental protection, Community right-to-know, Reporting and
recordkeeping requirements, Toxic chemicals.

    Dated: August 7, 2017,
Wendy Cleland-Hamnett,
Acting Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.

    Therefore, 40 CFR chapter I is amended as follows:

PART 372--[AMENDED]

0
 1. The authority citation for part 372 continues to read as follows:

    Authority: 42 U.S.C. 11023 and 11048.

0
2. Amend Sec.  [thinsp]372.22 by revising the introductory text for
paragraph (b) to read as follows:

Sec.  [thinsp]372.22  Covered facilities for toxic chemical release
reporting.

* * * * *
    (b) The facility is in a Standard Industrial Classification (SIC)
(as in effect on January 1, 1987) major group or industry code listed
in Sec.  [thinsp]372.23(a), for which the corresponding North American
Industry Classification System (NAICS) (as in effect on January 1,
2017, for reporting year 2018 and thereafter) subsector and industry
codes are listed in Sec.  [thinsp]372.23(b) and (c) by virtue of the
fact that it meets one of the following criteria:
* * * * *

0
3. Amend Sec.  [thinsp]372.23 by revising paragraphs (b) and (c) to
read as follows:

Sec.  [thinsp]372.23  SIC and NAICS codes to which this Part applies.

* * * * *
    (b) NAICS codes that correspond to SIC codes 20 through 39.

------------------------------------------------------------------------
 Subsector code or  industry code       Exceptions and/or limitations
------------------------------------------------------------------------
311--Food Manufacturing...........  Except 311119--Exception is limited
                                     to facilities previously classified
                                     under SIC 0723, Crop Preparation
                                     Services for Market, Except Cotton
                                     Ginning;
                                    Except 311340--Exception is limited
                                     to facilities previously classified
                                     under SIC 5441, Candy, Nut, and
                                     Confectionery Stores;
                                    Except 311352--Exception is limited
                                     to facilities previously classified
                                     under SIC 5441, Candy, Nut, and
                                     Confectionery Stores;
                                    Except 311611--Exception is limited
                                     to facilities previously classified
                                     under SIC 0751, Livestock Services,
                                     Except Veterinary;
                                    Except 311612--Exception is limited
                                     to facilities previously classified
                                     under SIC 5147, Meats and Meat
                                     Products;
                                    Except 311811-- Exception is limited
                                     to facilities previously classified
                                     under SIC 5461, Retail Bakeries;
312--Beverage and Tobacco Product   Except 312112--Exception is limited
 Manufacturing.                      to facilities previously classified
                                     under SIC 5149, Groceries and
                                     Related Products, Not Elsewhere
                                     Classified;
                                    Except 312230--Exception is limited
                                     to facilities previously classified
                                     under SIC 7389, Business Services,
                                     Not Elsewhere Classified, except
                                     facilities primarily engaged in
                                     solvent recovery services on a
                                     contract or fee basis;
313--Textile Mills................  Except 313310--Exception is limited
                                     to facilities previously classified
                                     under SIC 5131, Piece Goods,
                                     Notions, and Other Dry Good; and
                                     facilities previously classified
                                     under SIC 7389, Business Services,
                                     Not Elsewhere Classified, except
                                     facilities primarily engaged in
                                     solvent recovery services on a
                                     contract or fee basis;
314--Textile Product Mills........  Except 314120--Exception is limited
                                     to facilities previously classified
                                     under SIC 5714, Drapery, Curtain,
                                     and Upholstery Stores;
                                    Except 314999--Exception is limited
                                     to facilities previously classified
                                     under SIC 7389, Business Services,
                                     Not Elsewhere Classified, except
                                     facilities primarily engaged in
                                     solvent recovery services on a
                                     contract or fee basis;
315--Apparel Manufacturing........  Except 315220--Exception is limited
                                     to facilities previously classified
                                     under SIC 5699, Miscellaneous
                                     Apparel and Accessory Stores;
316--Leather and Allied Product     ....................................
 Manufacturing.
321--Wood Product Manufacturing...  ....................................
322--Paper Manufacturing..........  ....................................
323--Printing and Related Support   Except 323111--Exception is limited
 Activities.                         to facilities previously classified
                                     under SIC 7334, Photocopying and
                                     Duplicating Services;
324--Petroleum and Coal Products    ....................................
 Manufacturing.
325--Chemical Manufacturing.......  Except 325998--Exception is limited
                                     to facilities previously classified
                                     under SIC 7389, Business Services,
                                     Not Elsewhere Classified;
326--Plastics and Rubber Products   Except 326212--Exception is limited
 Manufacturing.                      to facilities previously classified
                                     under SIC 7534, Tire Retreading and
                                     Repair Shops;
327--Nonmetallic Mineral Product    Except 327110--Exception is limited
 Manufacturing.                      to facilities previously classified
                                     under SIC 5719, Miscellaneous home
                                     furnishing Stores;
331--Primary Metal Manufacturing..  ....................................
332--Fabricated Metal Product       ....................................
 Manufacturing.
333--Machinery Manufacturing......  ....................................
334--Computer and Electronic        Except 334614--Exception is limited
 Product Manufacturing.              to facilities previously classified
                                     under SIC 7372, Prepackaged
                                     Software; and to facilities
                                     previously classified under SIC
                                     7819, Services Allied to Motion
                                     Picture Production;
335--Electrical Equipment,          Except 335312--Exception is limited
 Appliance, and Component            to facilities previously classified
 Manufacturing.                      under SIC 7694, Armature Rewinding
                                     Shops;
336--Transportation Equipment       ....................................
 Manufacturing.
337--Furniture and Related Product  Except 337110--Exception is limited
 Manufacturing.                      to facilities previously classified
                                     under SIC 5712, Furniture Stores;
                                    Except 337121--Exception is limited
                                     to facilities previously classified
                                     under SIC 5712, Furniture Stores;
                                    Except 337122--Exception is limited
                                     to facilities previously classified
                                     under SIC 5712, Furniture Stores;
339--Miscellaneous Manufacturing..  Except 339113--Exception is limited
                                     to facilities previously classified
                                     under SIC 5999, Miscellaneous
                                     Retail Stores, Not Elsewhere
                                     Classified;
                                    Except 339115--Exception is limited
                                     to lens grinding facilities
                                     previously classified under SIC
                                     5995, Optical Goods Stores;
                                    Except 339116--Exception is limited
                                     to facilities previously classified
                                     under SIC 8072, Dental
                                     Laboratories;
111998--All Other Miscellaneous     Limited to facilities previously
 Crop Farming.                       classified under SIC 2099, Food
                                     Preparations, Not Elsewhere
                                     Classified;
113310--Logging...................  ....................................
211112--Natural Gas Liquid          Limited to facilities that recover
 Extraction.                         sulfur from natural gas and
                                     previously classified under SIC
                                     2819, Industrial Inorganic
                                     Chemicals, Not Elsewhere
                                     Classified;
212324--Kaolin and Ball Clay        Limited to facilities operating
 Mining.                             without a mine or quarry and
                                     previously classified under SIC
                                     3295, Minerals and Earths, Ground
                                     or Otherwise Treated;
212325--Mining....................  Limited to facilities operating
                                     without a mine or quarry and
                                     previously classified under SIC
                                     3295, Minerals and Earths, Ground
                                     or Otherwise Treated;
212393--Other Chemical and          Limited to facilities operating
 Fertilizer Mineral Mining.          without a mine or quarry and
                                     previously classified under SIC
                                     3295, Minerals and Earths, Ground
                                     or Otherwise Treated;

212399--All Other Nonmetallic       Limited to facilities operating
 Mineral Mining.                     without a mine or quarry and
                                     previously classified under SIC
                                     3295, Minerals and Earths, Ground
                                     or Otherwise Treated;
488390--Other Support Activities    Limited to facilities previously
 for Water Transportation.           classified under SIC 3731,
                                     Shipbuilding and Repairing;
511110--Newspaper Publishers......  ....................................
511120--Periodical Publishers.....  ....................................
511130--Book Publishers...........  ....................................
511140--Directory and Mailing List  Except facilities previously
 Publishers.                         classified under SIC 7331, Direct
                                     Mail Advertising Services;
511191--Greeting Card Publishers..  ....................................
511199--All Other Publishers......  ....................................
512230--Music Publishers..........  Except facilities previously
                                     classified under SIC 8999,
                                     Services, Not Elsewhere Classified;
512250--Record Production and       Limited to facilities previously
 Distribution.                       classified under SIC 3652,
                                     Phonograph Records and Prerecorded
                                     Audio Tapes and Disks;
519130--Internet Publishing and     Limited to Internet publishing
 Broadcasting and Web Search         facilities previously classified
 Portals.                            under SIC 2711, Newspapers:
                                     Publishing, or Publishing and
                                     Printing; facilities previously
                                     classified under SIC 2721,
                                     Periodicals: Publishing, or
                                     Publishing and Printing; facilities
                                     previously classified under SIC
                                     2731, Books: Publishing, or
                                     Publishing and Printing; facilities
                                     previously classified under SIC
                                     2741, Miscellaneous Publishing;
                                     facilities previously classified
                                     under SIC 2771, Greeting Cards;
                                     Except for facilities primarily
                                     engaged in web search portals;
541713--Research and Development    Limited to facilities previously
 in Nanotechnology.                  classified under SIC 3764, Guided
                                     Missile and Space Vehicle
                                     Propulsion Units and Propulsion
                                     Unit Parts; and facilities
                                     previously classified under SIC
                                     3769, Guided Missile and Space
                                     Vehicle Parts and Auxiliary
                                     Equipment, Not Elsewhere
                                     Classified;
541715--Research and Development    Limited to facilities previously
 in the Physical, Engineering, and   classified under SIC 3764, Guided
 Life Sciences (except               Missile and Space Vehicle
 Nanotechnology and Biotechnology).  Propulsion Units and Propulsion
                                     Unit Parts; and facilities
                                     previously classified under SIC
                                     3769, Guided Missile and Space
                                     Vehicle Parts and Auxiliary
                                     Equipment, Not Elsewhere
                                     Classified;
811490--Other Personal and          Limited to facilities previously
 Household Goods Repair and          classified under SIC 3732, Boat
 Maintenance.                        Building and Repairing.
------------------------------------------------------------------------

    (c) NAICS codes that correspond to SIC codes other than SIC codes
20 through 39.

------------------------------------------------------------------------
    Subsector or industry code          Exceptions and/or limitations
------------------------------------------------------------------------
212111--Bituminous Coal and         ....................................
 Lignite Surface Mining.
212112--Bituminous Coal and         ....................................
 Underground Mining.
212113--Anthracite Mining.........  ....................................
212221--Gold Ore Mining...........  ....................................
212222--Silver Ore Mining.........  ....................................
212230--Copper, Nickel, Lead, and   ....................................
 Zinc Mining.
212299--Other Metal Ore Mining....  ....................................
221111--Hydroelectric Power         Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221112--Fossil Fuel Electric Power  Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221113--Nuclear Electric Power      Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221118--Other Electric Power        Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221121--Electric Bulk Power         Limited to facilities that combust
 Transmission and Control.           coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221122--Electric Power              Limited to facilities that combust
 Distribution.                       coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221330--Steam and Air Conditioning  Limited to facilities previously
 Supply.                             classified under SIC 4939,
                                     Combination Utility Services, Not
                                     Elsewhere Classified.
424690--Other Chemical and Allied   ....................................
 Products Merchant Wholesalers.
424710--Petroleum Bulk Stations     ....................................
 and Terminals.
425110--Business to Business        Limited to facilities previously
 Electronic Markets.                 classified in SIC 5169, Chemicals
                                     and Allied Products, Not Elsewhere
                                     Classified
425120--Wholesale Trade Agents and  Limited to facilities previously
 Brokers.                            classified in SIC 5169, Chemicals
                                     and Allied Products, Not Elsewhere
                                     Classified.
562112--Hazardous Waste Collection  Limited to facilities primarily
                                     engaged in solvent recovery
                                     services on a contract or fee basis
                                     and previously classified under SIC
                                     7389, Business Services, Not
                                     Elsewhere Classified;

562211--Hazardous Waste Treatment   Limited to facilities regulated
 and Disposal.                       under the Resource Conservation and
                                     Recovery Act, subtitle C, 42 U.S.C.
                                     6921 et seq.
562212--Solid Waste Landfill......  Limited to facilities regulated
                                     under the Resource Conservation and
                                     Recovery Act, subtitle C, 42 U.S.C.
                                     6921 et seq.
562213--Solid Waste Combustors and  Limited to facilities regulated
 Incinerators.                       under the Resource Conservation and
                                     Recovery Act, subtitle C, 42 U.S.C.
                                     6921 et seq.
562219--Other Nonhazardous Waste    Limited to facilities regulated
 Treatment and Disposal.             under the Resource Conservation and
                                     Recovery Act, subtitle C, 42 U.S.C.
                                     6921 et seq.
562920--Materials Recovery          Limited to facilities regulated
 Facilities.                         under the Resource Conservation and
                                     Recovery Act, subtitle C, 42 U.S.C.
                                     6921 et seq.
------------------------------------------------------------------------

0
4. Amend Sec.  [thinsp]372.38 by revising paragraph (h) to read as
follows:

Sec.  [thinsp]372.38  Exemptions.

* * * * *
    (h) Metal mining overburden. If a toxic chemical that is a
constituent of overburden is processed or otherwise used by facilities
in SIC code 10, or in NAICS codes 212221, 212222, 212230 or 212299, a
person is not required to consider the quantity of the toxic chemical
so processed, or otherwise used when determining whether an applicable
threshold has been met under Sec.  372.25, Sec.  372.27, or Sec.
372.28, or determining the amounts to be reported under Sec.  372.30.

[FR Doc. 2017-17413 Filed 8-16-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: July 15, 2008 (Volume 73, Number 136)]
[Notices]
[Page 40564-40568]
[DOCID:fr15jy08-38]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

July 3, 2008.
    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: ER06-1489-002.
    Applicants: S.A.C. Energy Investments, L.P.
    Description: SAC Energy Investments, LP submits an updated market
power analysis, request for Category 1 Seller,

and rate schedule revisions pursuant to Order 697 and 697-A.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0007.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER06-19-004; ER06-761-003; ER08-620-001.
    Applicants: NewPage Energy Services, LLC; Rumford Paper Company;
Luke Paper Company.
    Description: NewPage Energy Services, LLC et al. submits the
Updated Market Power Analysis proposed tariff amendments pursuant to
Order 697.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0194.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER06-234-001; ER04-1222-001.
    Applicants: Deutsche Bank AG; DB Energy Trading LLC.
    Description: Deutsche Bank AG et al. submits an application for
designation as Category 1 sellers pursuant to Orders 697 and 697-A
compliance filings, in the alternative, providing updated market power
analysis, etc.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0211.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER06-271-001; ER06-270-001.
    Applicants: Solios Power LLC; Solios Asset Management LLC.
    Description: Solios Power, LLC and Solios Asset Management, LLC
submits a request for Category 1 Seller Classification and compliance
filing.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0094.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER06-740-003.
    Applicants: Indeck Energy Services of Silver Springs.
    Description: Indeck Energy Services of Silver Springs, Inc submits
an application for determination of their status as a Category 1 seller
pursuant to Order 697.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0199.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER06-1399-006.
    Applicants: Sunbury Generation LP.
    Description: Sunbury Generation LP submits its compliance filing
pursuant to Order 697 issued by FERC on 6/21/07.
    Filed Date: 06/27/2008.
    Accession Number: 20080702-0187.
    Comment Date: 5 p.m. Eastern Time on Friday, July 18, 2008.

    Docket Numbers: ER07-30-002.
    Applicants: RC Cape May Holdings, LLC.
    Description: RC Cape May Holdings, LLC submits an updated market
power analysis in support of its continued authorization to make
wholesale sales electric energy, capacity and ancillary services at
market-based rated.
    Filed Date: 06/27/2008.
    Accession Number: 20080701-0030.
    Comment Date: 5 p.m. Eastern Time on Friday, July 18, 2008.

    Docket Numbers: ER07-1019-005; ER07-1020-005; ER07-1021-005.
    Applicants: Niagara Mohawk Power Corporation.
    Description: Niagara Mohawk Power Corp submits amended
interconnection agreements with Alliance Energy et al.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0012.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER07-1050-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, LLC submits revised sheets to the
PJM open Access Transmission Tariff and the Amended and Restated
Operating Agreement of PJM Interconnection, LLC etc.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0117.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER07-1088-001.
    Applicants: RBC Energy Services LP.
    Description: RBC Energy Services, LP's Order 697 Compliance Filing
Application for Category 1 Status and filing of pro forma tariff
changes.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0005.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER07-1106-001.
    Applicants: ArcLight Energy Marketing, LLC.
    Description: ArcLight Energy Marketing, LLC submits request for
Category 1 Seller classification in the Northeast region, etc.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0128.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER07-1193-001.
    Applicants: CPV Liberty, LLC.
    Description: CPV Liberty, LLC submits a market power update in
compliance with the Commission's order granting CPV Liberty's market-
based rate authority, and Order 697.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0127.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER07-1212-001.
    Applicants: Forked River Power LLC.
    Description: Application of Forked River Power LLC for Finding as a
Category 1 Seller.
    Filed Date: 06/30/2008.
    Accession Number: 20080630-5153.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER07-1221-004.
    Applicants: Rensselaer Cogeneration LLC.
    Description: Rensselaer Cogeneration LLC submits its market power
analysis, together with six clean and six redlined copies of its
revised tariff reflecting Category 1 status.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0123.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER07-1249-004.
    Applicants: Lockport Energy Associates, L.P.
    Description: Lockport Energy Associates LP submits its triennial
market power analysis with respect to its authority to sell energy,
capacity, and ancillary services at market based rates.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0114.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER07-1274-001; ER98-564-010; ER05-111-004; ER08-25-
003; ER08-26-003; ER08-685-002.
    Applicants: TransCanada Energy Marketing ULC; TransCanada Power
Marketing Ltd; TransCanada Hydro Northeast Inc.; Ocean State Power;
Ocean State Power II; TransCanada Maine Wind Development Inc.
    Description: TransCanada Energy Marketing ULC et al. submits its
updated market power analysis supporting their continued authorization
to sell power at market-based rates et al.
    Filed Date: 06/27/2008; 06/30/2008.
    Accession Number: 20080702-0201; 20080702-0202.
    Comment Date: 5 p.m. Eastern Time on Friday, July 18, 2008.

    Docket Numbers: ER07-274-002.
    Applicants: Juice Energy, Inc.
    Description: Juice Energy, Inc notifies FERC that it is a Category
1 seller pursuant to Order 697-A.
    Filed Date: 06/27/2008.
    Accession Number: 20080701-0047.
    Comment Date: 5 p.m. Eastern Time on Friday, July 18, 2008.

    Docket Numbers: ER07-352-002.
    Applicants: S.D. Warren Company.
    Description: S.D. Warren Company requests for confirmation of
Category 1 Status, and waiver of notice requirement of tariff
amendments under the Commission's Orders 697 and 697-A

    Fiiled Date: 06/30/2008.
    Accession Number: 20080702-0102.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER07-412-002; ER08-200-002; ER06-1291-002; ER07-
565-001; ER07-566-001.
    Applicants: Waterbury Generation, LLC, MT. Tom Generating Company
LLC, FirstLight Hydro Generating Company, FirstLight Power Resources
Management, L, ECP Energy I, LLC.
    Description: Waterbury Generation, LLC et al. submits an updated
market power analysis to conform to the requirements of Order 697.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0096.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER07-466-002.
    Applicants: MET MA, LLC.
    Description: MET MA, LLC submits Order 697 compliance filing and
Application for Category 1 Status.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0119.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER07-515-001.
    Applicants: Domtar Corporation.
    Description: Domtar Corp. submits its Triennial Market Power Update
and amendments to its Market-Based Rate Tariff.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0091.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER07-818-001.
    Applicants: Indeck-Olean Limited Partnership.
    Description: Indeck-Olean Limited Partnership submits Order 697
compliance filing and Application for Category 1 Status.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0120.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER08-100-002; ER07-265-002.
    Applicants: Sempra Energy Trading LLC; Sempra Energy Solutions LLC
    Description: Sempra Energy Trading LLC et al. submits a request for
classification of their status as a Category 1 seller pursuant to Order
697-A.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0014.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER08-125-004.
    Applicants: Luminant Energy Company LLC.
    Description: Petition for determination of status as a Category 1
Seller pursuant to Order 697 re Luminant Energy Company LLC.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0121.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER08-237-001.
    Applicants: Forward Energy LLC.
    Description: Forward Energy LLC submits non-material changes in the
characteristics relied upon to grant market-based rate authority to
Forward Energy.
    Filed Date: 06/27/2008.
    Accession Number: 20080701-0049.
    Comment Date: 5 p.m. Eastern Time on Friday, July 18, 2008.

    Docket Numbers: ER08-303-003; ER03-1331-005.
    Applicants: Williams Gas Marketing, Inc.; Williams Power Company,
Inc.
    Description: Supplemental Information of Williams Gas Marketing,
Inc.
    Filed Date: 06/30/2008.
    Accession Number: 20080630-5150.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER08-338-001.
    Applicants: Nexen Marketing U.S.A. Inc.
    Description: Nexen Marketing USA, Inc submits proposed revisions to
Original Sheet 1 et al. to FERC Electric Tariff, Original Volume 1.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0011.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER08-364-003.
    Applicants: APX, Inc.
    Description: APX, Inc request that the Commission find that it
qualifies as a Category 1 seller in accordance with Order 697.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0010.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER08-387-005; ER07-254-008; ER08-912-001; ER08-933-
001; ER07-195-008; ER08-934-002; ER07-1378-007.
    Applicants: Casselman Windpower, LLC, Providence Heights Wind, LLC,
Locust Ridge Wind Farm, LLC, Lempster Wind, LLC, Iberdrola Renewables,
Inc., Locust Ridge II, LLC, Atlantic Renewables Projects II LLC.
    Description: Application for Determination of Category 1 Status.
    Filed Date: 06/30/2008.
    Accession Number: 20080630-5154.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER08-415-002.
    Applicants: Potomac Electric Power Company.
    Description: Potomac Electric Power Co. submits its compliance
filing with the required modifications to the Construction Agreement
with Mirant Mid-Atlantic, LLC.
    Filed Date: 06/27/2008.
    Accession Number: 20080702-0103.
    Comment Date: 5 p.m. Eastern Time on Friday, July 18, 2008.

    Docket Numbers: ER08-656-002; ER96-25-033; ER01-1363-011.
    Applicants: Shell Energy North America (U.S.), L.P.; Coral Power,
L.L.C.; Coral Energy Management, LLC.
    Description: Shell Energy North American (US), LP et al. submits an
updated market power analysis and notice of change in status in
compliance with Order 697-A.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0090.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER08-760-002.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits revisions to the ISO Tariff & Revisions to include designation
of a TCPM Capacity Resource etc in compliance with the Commission's 3/
30/08 Order.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0125.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER08-780-003.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, LLC submits the Amended and
Restated Operating Agreement of the PJM Open Access Transmission Tariff
in compliance with the 5/30/08 Order.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0116.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER08-806-001.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits the Substitute First Revised Large Generator Interconnection
Agreement with Summit Wind, LLC et al. in compliance with the
Commission's 5/28/08 Order.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0013.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER08-1049-001.
    Applicants: MidAmerican Energy Company.
    Description: MidAmerican Energy Company submits Substitute First
Revised Sheet 201 to their Open Access Transmission Tariff etc,
effective 8/1/08.

    Filed Date: 06/30/2008.
    Accession Number: 20080702-0100.
    Comment Date: 5 p.m. Eastern Time on Monday, July 14, 2008.

    Docket Numbers: ER08-1050-001.
    Applicants: Dragon Energy LLC.
    Description: Dragon Energy, LLC submits revisions to its
application for authorization to make wholesale sales of energy and
capacity etc.
    Filed Date: 07/01/2008.
    Accession Number: 20080702-0082.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 11, 2008.

    Docket Numbers: ER08-1051-001.
    Applicants: NSTAR Electric Company.
    Description: NSTAR Electric Company--CWIP Supplement to Annual
Informational Filing.
    Filed Date: 06/30/2008.
    Accession Number: 20080630-5060.
    Comment Date: 5 p.m. Eastern Time on Friday, July 11, 2008.

    Docket Numbers: ER08-1125-001.
    Applicants: Brookfield Renewable Energy Marketing US.
    Description: Brookfield Renewable Energy Marketing US LLC submits
an amendment to its Application for Market-Based Rate Authorization
etc.
    Filed Date: 06/27/2008.
    Accession Number: 20080701-0080.
    Comment Date: 5 p.m. Eastern Time on Friday, July 18, 2008.

    Docket Numbers: ER08-1160-000.
    Applicants: Sconza Candy Company.
    Description: Withdrawal of Notification of Succession/Change of
Ownership for Sconza Candy Company under ER08-1160.
    Filed Date: 07/01/2008.
    Accession Number: 20080701-5073.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 22, 2008.

    Docket Numbers: ER08-1164-000.
    Applicants: Escanaba Paper Co.
    Description: Escanaba Paper Co submits an application for market-
based rate authorization and certain waivers and blanket
authorizations.
    Filed Date: 06/27/2008.
    Accession Number: 20080702-0189.
    Comment Date: 5 p.m. Eastern Time on Friday, July 18, 2008.

    Docket Numbers: ER08-1172-000.
    Applicants: Grand Ridge Energy LLC.
    Description: Grand Ridge Energy LLC submits authorization to make
market-based wholesale sales of energy, capacity, and ancillary
services under Grand Ridge's FERC Electric Tariff 1.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0105.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER08-1174-000.
    Applicants: Southwestern Electric Power Company.
    Description: Southwestern Electric Power Co submits a notice of
cancellation of First revised Rate Schedule 109 et al.
    Filed Date: 06/27/2008.
    Accession Number: 20080701-0055.
    Comment Date: 5 p.m. Eastern Time on Friday, July 18, 2008.

    Docket Numbers: ER08-1182-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Co submits revised rate
sheets to the Interconnection Facilities Agreement with the City of
Industry.
    Filed Date: 06/30/2008.
    Accession Number: 20080701-0064.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER08-1183-000.
    Applicants: Portland General Electric Company.
    Description: Portland General Electric Co submits proposed
revisions to Schedules 4 and 4-R.
    Filed Date: 06/30/2008.
    Accession Number: 20080701-0065.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER08-1185-000.
    Applicants: Avista Corporation.
    Description: Avista Corp submits an amended and restated
Interconnection and Operating Agreement with Northern Lights, Inc.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0083.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER08-1186-000.
    Applicants: Duke Energy Shared Service, Inc.
    Description: Duke Energy Shared Services, Inc submits Notice of
Cancellation of the Duke Midwest Operating Companies, FERC Electric
tariff, First Revised Volume 8.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0124.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER08-1187-000.
    Applicants: American Transmission Systems, Incorporated.
    Description: American Transmission Systems, Inc submits a
Construction Agreement with Northern Lights, Inc et al.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0084.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER08-1188-000.
    Applicants: Central Maine Power Company.
    Description: Central Maine Power Co submits its annual update to
the formula rates in Schedule 21-CMP, to be effective 6/1/08.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0085.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER08-1189-000.
    Applicants: Indeck Yerkes Ltd Partnership.
    Description: Indeck-Yerkes LP submits an application for order
accepting initial tariff and granting Category 1 status pursuant to
Order 697.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0155.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER08-1190-000.
    Applicants: RPL Holdings, Inc.
    Description: RPL Holdings, Inc submits its proposed FERC Electric
Tariff, Original Volume 2 and supporting cost data under ER08-1190.
    Filed Date: 07/01/2008.
    Accession Number: 20080702-0158.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 22, 2008.

    Docket Numbers: ER08-1191-000.
    Applicants: The American Electric Power Service Corp.
    Description: The American Electric Power Service Corp on behalf of
AEP Operating Companies submits a third revision to the Interconnection
and Local Delivery Service Agreement with the City of St Clairsville.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0087.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.
    Docket Numbers: ER08-1192-000.
    Applicants: El Paso Electric Company.
    Description: El Paso Electric Co. submits the Facilities
Modification and Construction Agreement for Holloman Station et al.
upgrades with Public Service Co. of New Mexico.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0088.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER08-1194-000.
    Applicants: Columbia Energy LLC.
    Description: Columbia Energy LLC submits its Rate Schedule FERC No.
1, to be effective 7/1/08.
    Filed Date: 06/30/2008.
    Accession Number: 20080702-0089.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Docket Numbers: ER08-1196-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc. submits
proposed amendment to its Market

Administration and Control Area Services Tariff.
    Filed Date: 07/01/2008.
    Accession Number: 20080703-0145.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 22, 2008.

    Docket Numbers: ER08-1197-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits a notice of
cancellation for a Network Integration Transmission Service Agreement
etc. under ER08-1197.
    Filed Date: 07/01/2008.
    Accession Number: 20080703-0146.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 22, 2008.

    Docket Numbers: ER08-1198-000.
    Applicants: Southwestern Electric Power Company.
    Description: Southwestern Electric Power Co. submits the actuarial
reports with respect to actual post-employment benefits other than
pensions etc.
    Filed Date: 07/01/2008.
    Accession Number: 20080703-0144.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 22, 2008.

    Docket Numbers: ER08-1199-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits an executed Service
Agreement for Network Integration Transmission Service with Kansas
Electric Power Cooperative, Inc.
    Filed Date: 07/01/2008.
    Accession Number: 20080703-0143.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 22, 2008.

    Docket Numbers: ER08-1208-000.
    Applicants: American Electric Power Service Corporation.
    Description: AEP Operating Companies submits a second revision to
the Interconnection and Local Delivery Service Agreement with City of
Clyde.
    Filed Date: 07/02/2008.
    Accession Number: 20080703-0149.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 23, 2008.

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

    Docket Numbers: PH08-30-000.
    Applicants: General Electric Company.
    Description: Revised Exemption Notification of General Electric
Company.
    Filed Date: 06/30/2008.
    Accession Number: 20080630-5157.
    Comment Date: 5 p.m. Eastern Time on Monday, July 21, 2008.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E8-16057 Filed 7-14-08; 8:45 am]

BILLING CODE 6717-01-P