[Federal Register Volume 87, Number 18 (Thursday, January 27, 2022)]
[Notices]
[Pages 4319-4321]
[FR Doc No: 2022-01561]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94023; File No. SR-C2-2022-002]

Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Its Fees Schedule With Respect to Its FINRA Non-Member Processing
Registration Fee

January 21, 2022.
    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 January 11, 2022 Cboe C2 Exchange, Inc. (the ``Exchange'' or
``C2'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe C2 Exchange, Inc. (the ``Exchange'' or ``C2'') proposes to
amend its Fees Schedule with respect to its FINRA Non-Member Processing
registration fee. The text of the proposed rule change is provided in
Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/options/regulation/rule_filings/ctwo/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend the FINRA Non-Member Processing fee
to reflect adjustments to the FINRA registration fees. The applicable
fee is collected and retained by FINRA via Web CRD \3\ for the
registration of employees of Exchange TPH organizations that are not
FINRA members (``Non-FINRA members''). The Exchange is merely listing
these fees on its Fees Schedule and does not collect or retain this
fee.
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    \3\ FINRA operates Web CRD, the central licensing and
registration system for the U.S. securities industry. FINRA uses Web
CRD to maintain the qualification, employment, and disciplinary
histories of registered associated persons of broker-dealers.
---------------------------------------------------------------------------

    Today, under the Regulatory Fees section of the Fees Schedule are
various fees collected and retained by FINRA via the Web CRD
registration system,

including certain general registration fees, fingerprint processing
fees, and continuing education fees. Specifically, under the general
registration fees is the FINRA Non-Member Processing Fee of $100 for
all initial, transfer, relicense, or dual registration Form U-4
filings. Now, the Exchange proposes to increase the $100 fee to $125
for such filings. The proposed amendment is made in accordance with a
recent FINRA rule change to adjust its fees.\4\
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    \4\ See Securities Exchange Act Release No. 90176 (October 14,
2020), 85 FR 66592 (October 20, 2020) (SR-FINRA-2020-032) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To
Adjust FINRA Fees To Provide Sustainable Funding for FINRA's
Regulatory Mission).
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\5\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \6\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \7\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ Id.
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    The Exchange believes it is reasonable to increase the $100 fee for
each initial Form U-4 filed for the registration of a representative or
principal to $125 in accordance with an adjustment to FINRA's fees.\8\
The proposed fees are identical to those adopted by FINRA for use of
Web CRD for disclosure and the registration of FINRA members and their
associated persons. These costs are borne by FINRA when a Non-FINRA
member uses Web CRD.
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    \8\ Supra note 4.
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    The Exchange believes that its proposal to increase the $100 fee
for each initial Form U-4 filed for the registration of a
representative or principal to $125 is equitable and not unfairly
discriminatory as the amendment will reflect the current fee that will
be assessed by FINRA to all members who require Form U-4 filings.
Further, the proposal is also equitable and not unfairly discriminatory
because the Exchange will not be collecting or retaining these fees,
therefore, the Exchange will not be in a position to apply them in an
inequitable or unfairly discriminatory manner.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange believes that
its proposal to increase the $100 fee for each initial Form U-4 filed
for the registration of a representative or principal to $125 does not
impose an undue burden on competition as the amendment will reflect the
current fee that will be assessed by FINRA to all members who require
Form U-4 filings. Further, the proposal does not impose an undue burden
on competition because the Exchange will not be collecting or retaining
these fees, therefore, the Exchange will not be in a position to apply
them in an inequitable or unfairly discriminatory manner.

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \9\ and paragraph (f) of Rule 19b-4 \10\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-C2-2022-002 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-C2-2022-002. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-C2-2022-002 and should be
submitted on or before February 17, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-01561 Filed 1-26-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 196 (Thursday, October 8, 2020)]
[Notices]
[Page 63607]
[FR Doc No: 2020-22256]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90084; File No. SR-NSCC-2020-016]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Designation of Longer Period for Commission Action on a
Proposed Rule Change, as Modified by Amendment No. 1, To Introduce the
Margin Liquidity Adjustment Charge and Include a Bid-Ask Risk Charge in
the VaR Charge

October 2, 2020.
    On July 30, 2020, National Securities Clearing Corporation
(``NSCC'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\
proposed rule change SR-NSCC-2020-016 to add two new charges to NSCC's
margin methodology.\3\ On August 13, 2020, NSCC filed Amendment No. 1
to the proposed rule change, to make clarifications and corrections to
the proposed rule change.\4\ The proposed rule change, as modified by
Amendment No. 1, was published for public comment in the Federal
Register on August 20, 2020.\5\ The Commission has received two comment
letters on the proposed rule change, as modified by Amendment No. 1.\6\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ NSCC also filed the proposals contained in the proposed rule
change as advance notice SR-NSCC-2020-804 with the Commission
pursuant to Section 806(e)(1) of the Dodd-Frank Wall Street Reform
and Consumer Protection Act entitled the Payment, Clearing, and
Settlement Supervision Act of 2010 (``Clearing Supervision Act''),
12 U.S.C. 5465(e)(1), and Rule 19b-4(n)(1)(i) of the Act, 17 CFR
240.19b-4(n)(1)(i).
    \4\ Amendment No. 1 made clarifications and corrections to the
description of the proposed rule change and Exhibits 3 and 5 of the
filing. On August 13, 2020, NSCC filed Amendment No. 1 to the
advance notice to make similar clarifications and corrections to the
advance notice.
    \5\ Securities Exchange Act Release No. 89558 (August 14, 2020),
85 FR 51521 (August 20, 2020) (``Notice''). The advance notice, as
modified by Amendment No. 1, was published for public comment in the
Federal Register on September 4, 2020. Securities Exchange Act
Release No. 89719 (September 1, 2020), 85 FR 55332 (September 4,
2020) (File No. SR-NSCC-2020-804). The comment period for the
advance notice, as modified by Amendment No. 1 closed on September
21, 2020, and the Commission received no comments.
    \6\ Letter from Cass Sanford, Associated General Counsel, OTC
Markets Group (September 11, 2020) (``OTC Letter''); Letter from
James C. Snow, President/CCO, Wilson-Davis & Co., Inc. (received
September 30, 2020) (``Wilson-Davis Letter''), all available at
https://www.sec.gov/comments/sr-nscc-2020-016/srnscc2020016.htm.
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    Section 19(b)(2) of the Act \7\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for the proposed rule change
is October 4, 2020.
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    \7\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission is extending the 45-day time period for Commission
action on the proposed rule change. The Commission finds that it is
appropriate to designate a longer period within which to take action on
the proposed rule change so that it has sufficient time to consider and
take action on the proposed rule change.
    Accordingly, pursuant to Section 19(b)(2) of the Act \8\ and for
the reasons stated above, the Commission designates November 18, 2020
as the date by which the Commission shall either approve, disapprove,
or institute proceedings to determine whether to disapprove proposed
rule change SR-NSCC-2020-016.
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    \8\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-22256 Filed 10-7-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: March 28, 2006 (Volume 71, Number 59)]
[Notices]
[Page 15508-15510]
[DOCID:fr28mr06-103]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53529; File No. SR-Phlx-2006-16]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to its Dividend Spread and Merger Spread Program

March 21, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 24, 2006, the Philadelphia Stock Exchange, Inc. (``Phlx''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which items have been prepared by Phlx. Phlx has
designated the proposed rule change as one establishing or changing a
due, fee, or other charge, pursuant to Section 19(b)(3)(A)(ii) of the
Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Phlx proposes to: (1) Amend its dividend spread strategy program to
assess a $0.05 per contract side license fee on additional equity
option products in connection with dividend spread strategies to
recapture license fees associated with the trading of these products;
and (2) extend for a period of six months its fee caps on equity option
transaction and comparison charges on dividend spread transactions \5\
and merger spread transactions,\6\ and its $0.05 per contract side
license fee imposed for dividend spread transactions. The current fee
caps and $0.05 per contract side license fee are in effect as a pilot
program that expired on March 1, 2006. The Exchange proposes to extend
the pilot program for a six-month period until September 1, 2006. The
Exchange also proposes to make a minor technical change to delete
unnecessary text from its fee schedule and to correct a typographical
error.
---------------------------------------------------------------------------

    \5\ For purposes of this proposal, a ``dividend spread''
transaction is any trade done within a defined time frame pursuant
to a strategy in which a dividend arbitrage can be achieved between
any two deep-in-the-money options.
    \6\ For purposes of this proposal, the Exchange defines a
``merger spread'' transaction as a transaction executed pursuant to
a merger spread strategy involving the simultaneous purchase and
sale of options of the same class and expiration date, but different
strike prices, followed by the exercise of the resulting long
options position, each executed prior to the date on which
shareholders of record are required to elect their respective form
of consideration, i.e., cash or stock.
---------------------------------------------------------------------------

    The text of the proposed rule change is available on Phlx's Web
site at http://www.phlx.com, at the Office of the Secretary at Phlx,

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 proposal. The text of these
statements may be examined at the places specified in Item IV below.
The Exchange has prepared summaries, set forth in Sections A, B, and C
below, of the most significant aspects of such statements.

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

1. Purpose
    Currently, the Exchange imposes a fee cap on equity option
transaction and comparison charges on merger spread strategy and
dividend spread strategy transactions executed on the same trading day
in the same options class. Specifically, Registered Options Traders'
(ROTs) and specialists' equity option transaction and comparison
charges are capped at $1,750 for transactions effected pursuant to a
merger spread strategy or pursuant to a dividend spread strategy when
the dividend is $0.25 or greater. However, for dividend spread
transactions for a security with a declared dividend or distribution of
less than $0.25, the ROTs' and specialists' equity option transaction
and comparison charges are capped at $1,000 for transactions effected
pursuant to a dividend spread strategy executed on the same trading day
in the same options class. The fee caps are implemented after any
applicable rebates are applied to ROT and specialist equity option
transaction and comparison charges.\7\
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    \7\ Currently, the Exchange provides a rebate for certain
contracts executed in connection with transactions occurring as part
of a dividend spread or merger spread strategy. Specifically, for
those options contracts executed pursuant to a dividend spread or
merger spread strategy, the Exchange rebates $0.08 per contract side
for ROT executions and $0.07 per contract side for specialist
executions on the business day before the underlying stock's ex-
date. (The ``ex-date'' is the date on or after which a security is
traded without a previously declared dividend or distribution. After
the ex-date a stock is said to trade ex-dividend.) See Securities
Exchange Act Release No. 51596 (April 21, 2005), 70 FR 22381 (April
29, 2005) (SR-Phlx-2005-19).
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    In addition, the Exchange assesses a license fee of $0.05 per
contract side for dividend spread strategy transactions in options in
connection with certain products that carry license fees.\8\ The
license fee of $0.05 per contract side: (i) Is not subject to the
$1,750 or $1,000 caps described above; (ii) is assessed in addition to
any other transaction and comparison charges associated with dividend
spread strategy transactions; and (iii) does not count towards reaching
the $1,750 or $1,000 caps. The Exchange proposes to extend the pilot
program for the current fee caps and $0.05 per contract side license
fee for a six-month period until September 1, 2006.\9\
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    \8\ These products are listed on the Exchange's fee schedule
under the section entitled ``$60,000 ``Firm Related'' Equity Option
and Index Option Cap.''
    \9\ Telephone conversation between Leah Mesfin, Special Counsel,
Commission, and Cynthia Hoekstra, Director, Phlx, on March 21, 2006.

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    The Exchange also proposes to recoup the license fees owed in
connection with the trading of additional products. Specifically, in
addition to the products already being charged a license fee under the
Exchange's strategy fee pilot program, the Exchange proposes to assess
the license fee of $0.05 per contract side for dividend spread strategy
transactions in options on: (1) State Street Global Advisors', a
division of State Street Bank and Trust Company (``SSGA''),
streetTracks based on the Dow Jones & Co., Inc. (``Dow Jones'') Global
Titans 50 IndexSM, (DGT); (2) SSGA's streetTracks based on the Dow
Jones Wilshire 5000 IndexSM, (TMW); (3) BGI's iShares Dow Jones Select
Dividend IndexSM, (DVY); (4) iShares Dow Jones U.S. Total Market
IndexSM, (IYY); (5) iShares Dow Jones U.S. Basic Materials IndexSM,
(IYM); (6) iShares Dow Jones U.S. Consumer Services Sector IndexSM,
(IYC); (7) iShares Dow Jones U.S. Financial Sector IndexSM, (IYF); (8)
iShares Dow Jones U.S. Financial Services Sector IndexSM, (IYG); (9)
iShares Dow Jones U.S. Healthcare Sector IndexSM, (IYH); (10) iShares
Dow Jones U.S. Industrial Sector IndexSM, (IYJ); (11) iShares Dow Jones
U.S. Consumer Goods Sector IndexSM, (IYK); (12) iShares Dow Jones U.S.
Real Estate Sector IndexSM, (IYR); (13) iShares Dow Jones U.S.
Technology Sector IndexSM, (IYW); (14) iShares Dow Jones U.S.
Telecommunications Sector IndexSM, (IYZ); (15) iShares Dow Jones U.S.
Utilities Sector IndexSM, (IDU); and (16) First Trust's ETF based on
the Dow Jones Select Microcap IndexSM, (FDM).\10\
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    \10\ The products listed in this proposal were recently the
subject of a proposed rule change filed with the Commission to
include them on the list of products that are assessed a license fee
of $0.10 per contract side in connection with the Exchange's $60,000
``Firm Related'' Equity Option and Index Option Cap. This same list
of products is also used to designate the products that are assessed
a license fee of $0.05 per contract side for dividend spread
strategies in connection with transactions other than firm-related
transactions. See Securities Exchange Act Release No. 53287
(February 14, 2006), 71 FR 9186 (February 22, 2006) (SR-Phlx-2006-
10).
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    Even with the assessment of the $0.05 license fee per contract
side, the Exchange believes that the fee caps and rebates should
continue to encourage specialists and ROTs to provide liquidity for
dividend spread strategy transactions. In addition, the purpose of
extending the pilot program is to continue to attract additional
liquidity to the Exchange and to remain competitive.
    The reference to the $1,000 and $1,750 caps that are subject to a
pilot program that expired on March 1, 2006 inadvertently appears twice
on the fee schedule in the same paragraph. Therefore, the purpose of
removing this sentence is to clarify and simplify the text relating to
the caps and the pilot program as it appears on the Exchange's fee
schedule. In addition, the purpose of changing one reference to the
symbol ``IWM'' to ``IYM'' is to correct a typographical error. The
symbol ``IYM'' is the symbol for iShares Dow Jones U.S. Basic Material
Index\SM\.\11\
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    \11\ ``Dow Jones'' and ``SSGA's streetTracks based on the Dow
Jones Global Titans 50 Index\SM\'', ``SSGA's streetTracks based on
the Dow Jones Wilshire 5000 Index\SM\'', ``BGI's iShares Dow Jones
Select Dividend Index\SM\'', ``iShares Dow Jones U.S. Total Market
Index\SM\'', ``iShares Dow Jones U.S. Basic Materials Index\SM\'',
``iShares Dow Jones U.S. Consumer Services Sector Index\SM\'',
``iShares Dow Jones U.S. Financial Sector Index\SM\'', ``iShares Dow
Jones U.S. Financial Services Sector Index\SM\'', ``iShares Dow
Jones U.S. Healthcare Sector Index\SM\'', ``iShares Dow Jones U.S.
Industrial Sector Index\SM\'', ``iShares Dow Jones U.S. Consumer
Goods Sector Index\SM\'', ``iShares Dow Jones U.S. Real Estate
Sector Index\SM\'', ``iShares Dow Jones U.S. Technology Sector
Index\SM\'', ``iShares Dow Jones U.S. Telecommunications Sector
Index\SM\'', ``iShares Dow Jones U.S. Utilities Sector Index\SM\'',
and ``First Trust's ETF based on the Dow Jones Select Microcap
Index\SM\'', are service marks of Dow Jones & Company, Inc. and have
been licensed for use for certain purposes by the Philadelphia Stock
Exchange, Inc. The Dow Jones products are not sponsored, endorsed,
sold or promoted by Dow Jones, and Dow Jones makes no representation
regarding the advisability of investing in such product(s).
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2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section
6(b) of the Act,\12\ in general, and Section 6(b)(4),\13\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among its members.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that proposed rule change will impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \14\ and subparagraph (f)(2) of Rule 19b-4
thereunder \15\ because it establishes or changes a due, fee, or other
charge. At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.
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    \14\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \15\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Phlx-2006-16 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2006-16. This file
number should be included 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 inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of Phlx. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that

you wish to make available publicly. All submissions should refer to
File Number SR-Phlx-2006-16 and should be submitted on or before April
18, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
 [FR Doc. E6-4429 Filed 3-27-06; 8:45 am]

BILLING CODE 8010-01-P


P-19-0130 Sanitized Support Documents Index:
 P-19-0130 Sanitized Determination Document (linked)
 P-19-0130 Sanitized CHEM Report (attached)
 P-19-0130 Sanitized ECO Report (attached)
 P-19-0130 Sanitized ENG Report (attached)
 P-19-0130 Sanitized EXP Report (attached)
 P-19-0130 Sanitized Fate Report (attached)
 P-19-0130 Sanitized HLTH Report_POST-FOCUS FINAL (attached)


[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Proposed Rules]
[Pages 34932-34935]
[FR Doc No: 2016-12929]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0173]
RIN 1625-AA09

Drawbridge Operation Regulation; Hackensack River, Jersey City,
NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to temporarily modify the operating
schedule that governs the Route 1 & 9 (Lincoln Highway) Bridge across
the Hackensack River, mile 2.0, Jersey City, New Jersey. The bridge
owner, New Jersey Department of Transportation, submitted a request to
restrict bridge openings during the morning and afternoon rush hour
periods to alleviate traffic congestion resulting from area roadway
closures. It is expected that this change to the regulations would
provide relief to vehicular traffic while continuing to meet the
reasonable needs of navigation.

DATES: Comments and related material must reach the Coast Guard on or
before August 1, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0173 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion
of the Supplementary Information section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Joe M. Arca, Project Officer, First Coast Guard
District, telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The Route 1 & 9 (Lincoln Highway) Bridge at mile 2.0, across the
Hackensack River between Kearny and Jersey City, New Jersey, has a
vertical clearance of 40 feet at mean high water and 45 feet at mean
low water. The waterway users include recreational and commercial
vessels.
    The owner of the bridge, New Jersey Department of Transportation,
submitted a request to the Coast Guard to temporarily change the
drawbridge operating regulations.
    The purpose of this temporary rule is to help provide relief from
vehicular traffic congestion during the morning and afternoon vehicular
rush hour periods due to local construction detours. Vehicular traffic
on the bridge has increased due to additional traffic detoured from the
adjacent Pulaski Skyway Bridge, which is currently under construction
to replace its deck. Construction on the Pulaski Skyway Bridge is
expected to continue through September 2017.
    The existing regulations require the bridge to open on signal at
all times. Under this proposed temporary rule the Route 1 & 9 (Lincoln
Highway) Bridge would open on signal, except that the draw need not
open for the passage of vessel traffic between 6 a.m. and 10 a.m. and 2
p.m. and 6 p.m., Monday through Friday, except holidays.
    Tide dependent deep draft vessels may request bridge openings
during the rush hour closure periods provided that at least a twelve
hour advance notice is given by calling the number posted at the
bridge, which is<PHONE_NUMBER>.

III. Discussion of Proposed Rule

    The Coast Guard proposes to change the drawbridge operation
regulations at 33 CFR 117.723 by adding paragraph (k). This change will
facilitate additional vehicular traffic detoured from the Pulaski
Skyway Bridge which is expected to be under construction through
September 30, 2017.
    The Coast Guard believes it is reasonable to allow the Route 1 & 9
(Lincoln Highway) Bridge to remain in the closed position during the
morning and afternoon rush hours to accommodate the anticipated 40,000
vehicles, daily, detoured from the Pulaski Skyway Bridge. Given the
additional detoured vehicular traffic, if the Route 1 & 9 Bridge opened
frequently for vessel traffic during the morning and afternoon rush
hours, it would likely result in significant vehicular traffic delays
and could negatively impact the ability of emergency vehicles to
respond.
    Review of the bridge logs in the last three years shows that the
bridge openings average 25 per month.
    Tide dependent deep draft vessels may request bridge openings
between 6 a.m. and 10 a.m. and between 2 p.m. and 6 p.m. provided that
at least a twelve hour advance notice is given by calling the number
posted at the bridge. The twelve hour advance notice requirement for
bridge openings during the rush hour periods gives tide dependent deep
draft vessels ample time to plan and optimize their transits through
the waterway, and also gives the bridge owner the opportunity to alert
commuters of any expected delays caused by pending bridge openings.
    Other vessels can still transit the bridge outside the rush hours.
It is our opinion that this temporary rule meets the reasonable needs
of marine and vehicular traffic.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders and we discuss
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This NPRM has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget.
    This regulatory action determination is based on the ability that
tide dependent deep draft vessels can still transit the bridge given
advanced notice and vessels that are not tide dependant can still
transit outside the closure hours. We believe that the proposal to
change the drawbridge operation regulations at 33 CFR 117.723 to allow
the bridge owner to keep the Route 1 & 9 (Lincoln Highway) Bridge in
the closed position during the morning and afternoon rush hour periods
as stated in Section III above, will meet the reasonable needs of
navigation.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    The Bridge provides 40 feet of vertical clearance at mean high
water that should accommodate all the present vessel traffic except
deep draft vessels. The bridge will continue to open on signal for
commercial deep draft vessel traffic provided at least a twelve hour
advance notice is given. While some

owners or operators of vessels intending to transit the bridge may be
small entities, for the reasons stated in section IV.A., above, this
proposed rule would not have a significant economic impact on any
vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed temporary rule does not have tribal
implications under Executive Order 13175, Consultation and Coordination
with Indian Tribal Governments, because it would not have a substantial
direct effect on one or more Indian tribes, on the relationship between
the Federal Government and Indian tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
tribes. If you believe this proposed rule has implications for
federalism or Indian tribes, please contact the person listed in the
FOR FURTHER INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed temporary rule under Department of
Homeland Security Management Directive 023-01 and Commandant
Instruction M16475.lD, which guides the Coast Guard in complying with
the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-
4370f), and have made a preliminary determination that this action is
one of a category of actions which do not individually or cumulatively
have a significant effect on the human environment. This proposed rule
simply promulgates the operating regulations or procedures for
drawbridges. Normally such actions are categorically excluded from
further review, under figure 2-1, paragraph (32)(e), of the
Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    Documents mentioned in this notice and all public comments, are in
our online docket at http://www.regulations.gov and can be viewed by
following that Web site's instructions. Additionally, if you go to the
online docket and sign up for email alerts, you will be notified when
comments are posted or a final rule is published.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

0
2. Through September 30, 2017, in Sec.  117.723, add paragraph (k) to
read as follows:

Sec.  117.723  Hackensack River.

* * * * *
    (k) The draw of the Route 1 & 9 (Lincoln Highway) Bridge, mile 2.0,
between Kearny and Jersey City, shall open on signal, except that the
draw need not open for the passage of vessel traffic between 6 a.m. and
10 a.m. and between 2 p.m. and 6 p.m., Monday through Friday, except
holidays.
    Tide dependent deep draft vessels may request bridge openings
between 6 a.m. and 10 a.m. and between 2 p.m. and 6 p.m. provided that
at least a

twelve hour advance notice is given by calling the number posted at the
bridge.

    Dated: May 18, 2016.
K.C. Kiefer,
Captain, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2016-12929 Filed 5-31-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Notices]
[Page 38516]
[FR Doc No: 2010-16131]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Order on Intent To Revoke Market-Based Rate Authority

Issued June 25, 2010.

Before Commissioners: Jon Wellinghoff, Chairman; Marc Spitzer,
Philip D. Moeller, and John R. Norris.

    In the matter of: ER02-2001-015, ER00-167-000, ER03-752-000,
Electric Quarterly Reports, Strategic Energy Management Corp.,
Solaro Energy Marketing Corporation.

    1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d
(2006), and 18 CFR part 35 (2009), require, among other things, that
all rates, terms, and conditions of jurisdictional services be filed
with the Commission. In Order No. 2001, the Commission revised its
public utility filing requirements and established a requirement for
public utilities, including power marketers, to file Electric Quarterly
Reports summarizing the contractual terms and conditions in their
agreements for all jurisdictional services (including market-based
power sales, cost-based power sales, and transmission service) and
providing transaction information (including rates) for short-term and
long-term power sales during the most recent calendar quarter.\1\
---------------------------------------------------------------------------

    \1\ Revised Public Utility Filing Requirements, Order No. 2001,
FERC Stats. & Regs. ] 31,127, reh'g denied, Order No. 2001-A, 100
FERC ] 61,074, reconsideration and clarification denied, Order No.
2001-B, 100 FERC ] 61,342, order directing filings, Order No. 2001-
C, 101 FERC ] 61,314 (2002), order directing filings, Order No.
2001-D, 102 FERC ] 61,334 (2003).
---------------------------------------------------------------------------

    2. Commission staff's review of the Electric Quarterly Report
submittals indicates that two utilities with authority to sell electric
power at market-based rates have failed to file their Electric
Quarterly Reports. This order notifies these public utilities that
their market-based rate authorizations will be revoked unless they
comply with the Commission's requirements within 15 days of the date of
issuance of this order.
    3. In Order No. 2001, the Commission stated that:

    [i]f a public utility fails to file a[n] Electric Quarterly
Report (without an appropriate request for extension), or fails to
report an agreement in a report, that public utility may forfeit its
market-based rate authority and may be required to file a new
application for market-based rate authority if it wishes to resume
making sales at market-based rates.\2\
---------------------------------------------------------------------------

    \2\ Order No. 2001 at P 222.

---------------------------------------------------------------------------
    4. The Commission further stated that:

    [o]nce this rule becomes effective, the requirement to comply
with this rule will supersede the conditions in public utilities'
market-based rate authorizations, and failure to comply with the
requirements of this rule will subject public utilities to the same
consequences they would face for not satisfying the conditions in
their rate authorizations, including possible revocation of their
authority to make wholesale power sales at market-based rates.\3\
---------------------------------------------------------------------------

    \3\ Id. P 223.

    5. Pursuant to these requirements, the Commission has revoked the
market-based rate tariffs of several market-based rate sellers that
failed to submit their Electric Quarterly Reports.\4\
---------------------------------------------------------------------------

    \4\ See, e.g., Electric Quarterly Reports, 75 FR 19,646 (Apr.
15, 2010); Electric Quarterly Reports, 74 FR 44,841 (Aug. 31, 2009).
---------------------------------------------------------------------------

    6. As noted above, Commission staff's review of the Electric
Quarterly Report submittals identified two public utilities with
authority to sell power at market-based rates that failed to file
Electric Quarterly Reports through the first quarter of 2010.
Commission staff contacted these entities to remind them of their
regulatory obligations.\5\ None of the public utilities listed in the
caption of this order has met those obligations.\6\ Accordingly, this
order notifies these public utilities that their market-based rate
authorizations will be revoked unless they comply with the Commission's
requirements within 15 days of the issuance of this order.
---------------------------------------------------------------------------

    \5\ See Solaro Energy Marketing Corporation, Docket No. ER03-
752-000 (April 22, 2010) (unpublished letter order); Strategic
Energy Management Corp., Docket No. ER00-167-000 (April 22, 2010)
(unpublished letter order).
    \6\ According to the Commission's records, both companies
subject to this order failed to file their Electric Quarterly
Reports for the 4th quarter of 2009 and the 1st quarter of 2010.
---------------------------------------------------------------------------

    7. In the event that any of the above-captioned market-based rate
sellers has already filed its Electric Quarterly Report in compliance
with the Commission's requirements, its inclusion herein is
inadvertent. Such market-based rate seller is directed, within 15 days
of the date of issuance of this order, to make a filing with the
Commission identifying itself and providing details about its prior
filings that establish that it complied with the Commission's Electric
Quarterly Report filing requirements.
    8. If any of the above-captioned market-based rate sellers do not
wish to continue having market-based rate authority, they may file a
notice of cancellation with the Commission pursuant to section 205 of
the FPA to cancel their market-based rate tariff.
    The Commission orders:
    (A) Within 15 days of the date of issuance of this order, each
public utility listed in the caption of this order shall file with the
Commission all delinquent Electric Quarterly Reports. If a public
utility fails to make this filing, the Commission will revoke that
public utility's authority to sell power at market-based rates and will
terminate its electric market-based rate tariff. The Secretary is
hereby directed, upon expiration of the filing deadline in this order,
to promptly issue a notice, effective on the date of issuance, listing
the public utilities whose tariffs have been revoked for failure to
comply with the requirements of this order and the Commission's
Electric Quarterly Report filing requirements.
    (B) The Secretary is hereby directed to publish this order in the
Federal Register.

    By the Commission.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-16131 Filed 7-1-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 30 (Wednesday, February 17, 2021)]
[Notices]
[Pages 9991-9992]
[FR Doc No: 2021-03078]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2021-0016]

Notice of Application for Approval of Discontinuance or
Modification of a Railroad Signal System

    Under part 235 of title 49 Code of Federal Regulations (CFR) and 49
U.S.C. 20502(a), this document provides the public notice that on
January 26, 2021, Norfolk Southern Corporation (NS) petitioned the
Federal Railroad Administration (FRA) seeking approval to discontinue
or modify a signal system. FRA assigned the petition Docket Number FRA-
2021-0016.
    Applicant: Norfolk Southern Corporation, Tommy A. Phillips, Senior
Director--C&S Operations, 1200 Peachtree Street NE, Atlanta, GA 30309.
    Specifically, NS requests permission to discontinue a traffic
control system (TCS) on the Guyandot River Branch Line, from milepost
(MP) GR 0.2 to MP GR 42.5 and MP GB 11.4 to MP GB 0.5, and the Morri
Branch Line, from MP SK 0.0 to SK 11.9, on the Blue Ridge Division.
This area includes control points (CPs) Hotwater Road, Paul Green,
Itmann, Clevenger, New Richmond, Jazbo, Pinnacle Junction, Pineville,
Rockview, Kepler, Mada, Aliff, Indian Creek, Simon, Morri Branch
Junction, Lincoln, Cub Creek Junction, Gilbert, Neds, Ben Creek, Pekin,
Plunkett, Oceana, and eleven automatic signals. The main track between
MP GR 0.5 and MP GR 42.5, MP GB 0.5 to MP GB 11.1, and MP SK 0.0 to SK
11.9 will be converted to NS Rule 171 operation. Operable approach
signals will be placed at MP GR 2.3 in approach to CP Elmore and No. 1
Crossover and MP GB 2.0 in approach to CP Jerry. The signaled sidings
within application limits will be made non-controlled, other than main
track. All slide fences within the application limits will be retired.
    NS states the reason for the proposed discontinuance is that
operations no longer require TCS.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation (DOT), 1200 New Jersey Ave. SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by April 5, 2021 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable. Anyone can search the electronic form of any
written communications and comments received into any of our dockets by
the

name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2021-03078 Filed 2-16-21; 8:45 am]
BILLING CODE 4910-06-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency s Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement, and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request 2. OMB control number b. X None EPA/ OAQPS/ ESD/ MG a.   2 0 6 0 3. Type of information collection ( check one) 4. Type of review requested ( check one)

a. X New collection a. X Regular b. Revision of a currently approved collection b. Emergency  Approval requested by: / /

c. Extension of a currently approved collection c. Delegated d. Reinstatement, without change, of a previously 5. Small entities approved collection for which approval has expired Will this information collection have a significant economic impact on a e. Reinstatement, with change, of a previously substantial number of small entities? Yes X No approved collection for which approval has expired f. Existing collection in use without OMB control 6. Requested expiration date number a. X Three years from approval date For b   f, note Item A2 of Supporting Statement Instructions b. Other Specify: /

7. Title Reporting and Recordkeeping Requirements for the Friction Materials Manufacturing NESHAP 8. Agency form number( s) ( if applicable)

ICR no. 2025.01 9. Keywords Environmental protection, Administrative practice and procedure, Air pollution control, Friction materials manufacturing, Hazardous substances, Intergovernmental relations,

Reporting and recordkeeping requirements 10. Abstract Owners or operators of friction products manufacturing plants would comply with reporting and recordkeeping requirements of the NESHAP General Provisions ( 40 CFR Part 63, Subpart A) and maintain records of specific information needed by EPA to determine if compliance has been achieved.

11. Affected public 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") ( Mark primary with " P" and all others that apply with " X")

a. Individuals or households d. Farms a. Voluntary b. P Business or other for profit e. X Federal Government b. Required to obtain or retain benefits c. Not for profit institutions f. X State, Local or Tribal c. P Mandatory Government 13. Annual reporting and recordkeeping hour burden 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Number of respondents 1 a. Total annualized capital/ startup costs 1 b. Total annual responses 5 b. Total annual costs ( O& M) 1 1. Percentage of these responses c. Total annualized cost requested 2 collected electronically 10 % d. Current OMB inventory 0 c. Total annual hours requested 1 e. Difference 2 d. Current OMB inventory 0 f. Explanation of difference e. Difference 1 1. Program change 2 f. Explanation of difference 2. Adjustment 0 1. Program change 1 2. Adjustment 0 15. Purpose of information collection 16. Frequency of recordkeeping or reporting ( check all that apply)

( Mark primary with " P" and all others that apply with " X") a. X Recordkeeping b. Third party disclosure a. Application for benefits e. Program planning or c. X Reporting b. Program evaluation management 1. On occasion 2. Weekly c. General purpose statistics f. Research 3. Monthly 4. Quarterly d. Audit g. P Regulatory or compliance 5. X Semi annually 6. Annually 7. Biennially 8. X Other ( describe) Notif.

17. Statistical methods 18. Agency contact ( person who can best answer questions regarding the Does this information collection employ statistical methods? content of this submission)

Yes X No Name: Kevin Cavender, EPA/ OAQPS/ ESD/ MG Phone: ( 919) 541 2364 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers: ( a) It is necessary for the proper performance of agency functions; ( b) It avoids unnecessary duplication; ( c) It reduces burden on small entities; ( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents; ( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices; ( f) It indicates the retention periods for recordkeeping requirements; ( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( i) Why the information is being collected; ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number; ( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions); ( i) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Office Official Date Signature of Senior Official or designee Date Director, Regulatory Information Division


[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Notices]
[Pages 47556-47557]
[FR Doc No: 2017-22022]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2017-0002]

Final Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: Flood hazard determinations, which may include additions or
modifications of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where
applicable, in the supporting Flood Insurance Study (FIS) reports have
been made final for the communities listed in the table below.
    The FIRM and FIS report are the basis of the floodplain management
measures that a community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the Federal Emergency Management Agency's (FEMA's)
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report are used by insurance agents and others to calculate appropriate
flood insurance premium rates for buildings and the contents of those
buildings.

DATES: The date of December 7, 2017 which has been established for the
FIRM and, where applicable, the supporting FIS report showing the new

or modified flood hazard information for each community.

ADDRESSES: The FIRM, and if applicable, the FIS report containing the
final flood hazard information for each community is available for
inspection at the respective Community Map Repository address listed in
the tables below and will be available online through the FEMA Map
Service Center at www.msc.fema.gov by the date indicated above.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the new or
modified flood hazard information for each community listed.
Notification of these changes has been published in newspapers of local
circulation and 90 days have elapsed since that publication. The Deputy
Associate Administrator for Insurance and Mitigation has resolved any
appeals resulting from this notification.
    This final notice is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the new or revised FIRM and FIS report available at the address
cited below for each community or online through the FEMA Map Service
Center at www.msc.fema.gov.
    The flood hazard determinations are made final in the watersheds
and/or communities listed in the table below.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: September 27, 2017.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
             Boulder County, Colorado and Incorporated Areas
                         Docket No.: FEMA-B-1601
------------------------------------------------------------------------
City of Boulder........................  Municipal Building Plaza, 1777
                                          Broadway, Boulder, CO 80302.
Unincorporated Areas of Boulder County.  Boulder County Transportation
                                          Department, 2525 13th Street,
                                          Suite 203, Boulder, CO 80304.
------------------------------------------------------------------------
             Chaffee County, Colorado and Incorporated Areas
                         Docket No.: FEMA-B-1547
------------------------------------------------------------------------
City of Salida.........................  City Hall, 448 East 1st Street,
                                          Suite 112, Salida, CO 81201.
Town of Buena Vista....................  Town Hall, 210 East Main
                                          Street, Buena Vista, CO 81211.
Town of Poncha Springs.................  Town Hall, 330 Burnett Avenue,
                                          Poncha Springs, CO 81242.
Unincorporated Areas of Chaffee County.  Chaffee County Courthouse, 104
                                          Crestone Avenue, Salida, CO
                                          81201.
------------------------------------------------------------------------
             Dunn County, North Dakota Unincorporated Areas
                         Docket No.: FEMA-B-1642
------------------------------------------------------------------------
Unincorporated Areas of Dunn County....  Dunn County Courthouse, 205
                                          Owens Street, Manning, ND
                                          58642.
------------------------------------------------------------------------
               Morgan County, Utah and Incorporated Areas
                         Docket No.: FEMA-B-1638
------------------------------------------------------------------------
City of Morgan City....................  Building Department, 90 West
                                          Young Street, Morgan City, UT
                                          84050.
Unincorporated Areas of Morgan County..  Morgan County Community
                                          Development Department, 48
                                          West Young Street, Morgan
                                          City, UT 84050.
------------------------------------------------------------------------

[FR Doc. 2017-22022 Filed 10-11-17; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: October 22, 2010 (Volume 75, Number 204)]
[Rules and Regulations]
[Page 65222-65224]
[DOCID:fr22oc10-3]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0611; Directorate Identifier 2009-SW-18-AD;
Amendment 39-16487; AD 2010-22-08]
RIN 2120-AA64

Airworthiness Directives; Eurocopter France Model AS 350 B, BA,
B1, B2, B3, and D, and Model AS355 E, F, F1, F2, and N Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
Eurocopter France Model AS 350 B, BA, B1, B2, B3, and D, and Model
AS355 E, F, F1, F2, and N helicopters, with certain main rotor servo-
controls and tail rotor servo-controls. This AD requires replacing all
servo-controls that are identified in the Applicability section of this
AD. This AD is prompted by an internal review conducted by the
manufacturer which revealed that some main and tail rotor servo-
controls do not conform to the approved design. The actions specified
by this AD are intended to prevent the distributor slide valve jamming
in its sleeve, leading to reduced controllability of the rotors and
subsequent loss of control of the helicopter.

DATES: Effective November 26, 2010.

ADDRESSES: You may get the service information identified in this AD
from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie,
Texas 75053-4005, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>.
    Examining the Docket: You may examine the docket that contains this
AD, any comments, and other information on the Internet at http://
www.regulations.gov or at the Docket Operations office, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington,
DC.

FOR FURTHER INFORMATION CONTACT: J. R. Holton, Aviation Safety
Engineer, FAA, Rotorcraft Directorate, Regulations and Guidance Group,
ASW-111, 2601 Meacham Blvd., Fort Worth, Texas 76137, telephone (817)
222-4964, fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a Notice of Proposed Rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the Eurocopter France
Model AS 350 B, BA, B1, B2, B3, and D, and Model AS355 E, F, F1, F2,
and N helicopters on June 9, 2010. That NPRM was published in the
Federal Register on June 16, 2010 (75 FR 34062). That NPRM proposed to
require replacing all servo-controls that are identified in the
Applicability section of the proposed AD. The NPRM was prompted by an
internal review conducted by the manufacturer which revealed that some
main and tail rotor servo-controls do not conform to the approved
design. The actions specified by the NPRM are intended to prevent the
distributor slide valve jamming in its sleeve, leading to reduced
controllability of the rotors and subsequent loss of control of the
helicopter.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent

for the Member States of the European Community, has issued EASA
Emergency AD No. 2007-0141-E, dated May 21, 2007, to correct an unsafe
condition for certain Eurocopter France Model AS 350 B, BA, BB, B1, B2,
B3, and D, and Model AS355 E, F, F1, F2, and N helicopters. EASA
advises that ``an internal review revealed that some main and tail
rotor servo-controls do not conform to the approved design. This
results in a greater play in the input lever bearing which could lead
to off-centered lever/distributor slide valve. If not corrected, this
condition could jam the distributor slide valve in its sleeve,
contributing to reduced controllability of the rotors.''

Related Service Information

    Eurocopter has issued Emergency Alert Service Bulletin (EASB) No.
01.00.58, applicable to Model AS 350 B, BA, BB, B1, B2, B3, and D
helicopters, and EASB No. 01.00.53, applicable to Model AS355 E, F, F1,
F2, and N helicopters, both Revision 1 and both dated April 19, 2007,
``to preclude the risk of jamming of the distributor slide valve in its
sleeve, due to excessive play in the bearing of the servo-control input
lever.'' Both EASB 01.00.58 and 01.00.53, along with 01.00.22 and
01.00.23 for various military model helicopters are contained in the
same EASB document. The EASA classified these EASBs as mandatory and
issued EASA Emergency AD No. 2007-0141-E, dated May 21, 2007, to ensure
the continued airworthiness of these helicopters.

FAA's Evaluation and Unsafe Condition Determination

    These products have been approved by the aviation authority of
France and are approved for operation in the United States. Pursuant to
our bilateral agreement with France, EASA, their technical
representative, has notified us of the unsafe condition described in
the EASA AD. We are issuing this AD because we evaluated all
information provided by EASA and determined the unsafe condition exists
and is likely to exist or develop on other products of these same type
designs. This AD requires replacing all servo-controls with serial
numbers that are in the Applicability section of this AD.

Differences Between This AD and the EASA AD

    This AD does not require returning servo-controls to the
manufacturer for return to conformity. This AD does not require
inspecting for the existence of ``hard points'' in the flight controls
since this is accomplished during normal pre-flight run-up control
checks.

Comments

    By publishing the NPRM, we gave the public an opportunity to
participate in developing this AD. However, we received no comment on
the NPRM or on our determination of the cost to the public. Therefore,
based on our review and evaluation of the available data, we have
determined that air safety and the public interest require adopting the
AD as proposed, with one minor correction. Note 1 of the NPRM did not
contain the revision level and dates of the EASB; this AD corrects that
oversight. We have determined that this change neither increases the
economic burden on any operator nor increases the scope of the AD.

Costs of Compliance

    We estimate that this AD will affect about 56 helicopters of U.S.
registry. We also estimate that it will take about 1.5 work-hours per
helicopter to replace a servo-control identified in the Applicability
section of this AD. The average labor rate is $85 per work-hour.
Required parts will cost about $16,500 per helicopter. Based on these
figures, we estimate that the cost of this AD on U.S. operators is
$931,140 for the entire fleet, or $16,628 per helicopter.

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national Government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this AD. See the AD docket to examine the economic evaluation.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
subtitle VII, part A, subpart III, section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. Section 39.13 is amended by adding a new airworthiness directive to
read as follows:

2010-22-08 Eurocopter France: Amendment 39-16487; Docket No. FAA-
2010-0611; Directorate Identifier 2009-SW-18-AD.

    Applicability: Model AS 350 B, BA, B1, B2, B3, and D, and Model
AS355 E, F, F1, F2, and N helicopters, with a main rotor or tail
rotor servo-control identified in Table 1, installed, certificated
in any category.

                                                     Table 1
----------------------------------------------------------------------------------------------------------------
               Component                              Part No. (P/N)                     Serial No. (S/N)
----------------------------------------------------------------------------------------------------------------
Main rotor servo-control...............  P/N SC5083.............................  S/N 270M, 272M, 409M, 423M,
                                                                                452M, or 1573.

                                         P/N SC5083-1...........................  S/N 2902 through 2921,
                                                                                inclusive.
                                         P/N 5084...............................  S/N 30, 84, 104, 186, 438,
                                                                                575, or 695.
                                         P/N 5084-1.............................  S/N 1462 through 1481,
                                                                                inclusive.
Tail rotor servo-control...............  P/N SC5072.............................  S/N 222M, 306M, or 309.
----------------------------------------------------------------------------------------------------------------

    Compliance: Required, as indicated.
    To prevent the distributor slide valve jamming in its sleeve,
leading to reduced controllability of the rotors and subsequent loss
of control of the helicopter, accomplish the following:
    (a) Within the next 50 hours time-in-service (TIS), or when a
``hard point'' is detected in the flight controls, whichever occurs
earlier, replace each installed servo control that has a serial
number listed in Table 1 of this AD, with an airworthy servo
control.

    Note 1:  Eurocopter EASB No. 01.00.58 and No. 01.00.53, both
Revision 1, and dated April 19, 2007, which are not incorporated by
reference, contain additional information about the subject of this
AD.

    (b) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Contact the Manager, Safety Management Group, Rotorcraft
Directorate, FAA, ATTN: J. R. Holton, Aviation Safety Engineer,
Regulations and Policy Group, ASW-111, 2601 Meacham Blvd., Fort
Worth, Texas 76137, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>,
for information about previously approved alternative methods of
compliance.
    (c) The Joint Aircraft System/Component (JASC) Code is 6730:
Rotorcraft Servo System.
    (d) This amendment becomes effective on November 26, 2010.

    Note 2:  The subject of this AD is addressed in European
Aviation Safety Agency (France) Emergency AD No. 2007-0141-E, dated
May 21, 2007.

    Issued in Fort Worth, Texas, on October 12, 2010.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2010-26565 Filed 10-21-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: August 29, 2008 (Volume 73, Number 169)]
[Notices]
[Page 50980]
[DOCID:fr29au08-90]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1763-DR]

Iowa; Amendment No. 18 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Iowa (FEMA-1763-DR), dated May 27, 2008, and related
determinations.

DATES: Effective Date: August 18, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Iowa is hereby amended to include the following area
among those areas determined to have been adversely affected by the
catastrophe declared a major disaster by the President in his
declaration of May 27, 2008.

    Winnebago County for Public Assistance (already designated for
Individual Assistance).

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-20076 Filed 8-28-08; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Notices]
[Page 23241]
[FR Doc No: 2012-9278]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13625-001]

 Lock+ Hydro Friends Fund XXX, LLC; Notice of Intent To File
License Application, Filing of Pre-Application Document, and Approving
Use of the Traditional Licensing Process

    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 13625-001.
    c. Date Filed: February 20, 2012.
    d. Submitted By: Lock+ Hydro Friends Fund XXX, LLC.
    e. Name of Project: New Cumberland Locks and Dam Hydroelectric
Project.
    f. Location: At the existing U.S. Army Corp Of Engineer's New
Cumberland Locks and Dam on the Ohio River at the border of Hancock
County, West Virginia, and Jefferson County, Ohio. The project would
occupy United States lands administered by the U.S. Army Corps of
Engineers.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Potential Applicant Contact: Mr. Mark R. Stover, Lock+\TM\ Hydro
Friends Fund XXX, c/o Hydro Green Energy, LLC, 900 Oakmont Lane, Suite
310, Westmont, IL 60559;<PHONE_NUMBER> ext. 711; email_
<EMAIL_ADDRESS>    i. FERC Contact: Gaylord Hoisington at<PHONE_NUMBER> or email at
<EMAIL_ADDRESS>    j. Lock+ Hydro Friends Fund XXX, LLC filed its request to use the
Traditional Licensing Process on February 20, 2012. Lock+ Hydro Friends
Fund XXX, LLC provided public notice of its request on February 22,
2012. In a letter dated April 10, 2012, the Director of the Division of
Hydropower Licensing approved Lock+ Hydro Friends Fund XXX, LLC's
request to use the Traditional Licensing Process.
    k. With this notice, we are initiating informal consultation with:
(a) the U.S. Fish and Wildlife Service under section 7 of the
Endangered Species Act and the joint agency regulations thereunder at
50 CFR, Part 402; and (b) the West Virginia and Ohio State Historic
Preservation Officers, as required by section 106, National Historic
Preservation Act, and the implementing regulations of the Advisory
Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Lock+ Hydro Friends Fund
XXX, LLC as the Commission's non-federal representative for carrying
out informal consultation, pursuant to section 7 of the Endangered
Species Act, and section 106 of the National Historic Preservation Act.
    m. Lock+ Hydro Friends Fund XXX, LLC filed a Pre-Application
Document (PAD; including a proposed process plan and schedule) with the
Commission, pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
(http://www.ferc.gov), using the ``eLibrary'' link. Enter the docket
number, excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,
(202) 502-8659. A copy is also available for inspection and
reproduction at the address in paragraph h.
    o. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: April 11, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-9278 Filed 4-17-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 72 (Friday, April 16, 2021)]
[Notices]
[Page 20142]
[FR Doc No: 2021-07845]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL21-66-000]

New York Transmission Owners v. New York Independent System
Operator, Inc.; Notice of Complaint

    Take notice that on April 9, 2021, pursuant to section 206 of the
Federal Power Act, 16 U.S.C. 824e and Rule 206 of the Federal Energy
Regulatory Commission's (Commission) Rules of Practice and Procedure,
18 CFR 385.206 (2020), Central Hudson Gas & Electric Corporation,
Consolidated Edison Company of New York, Inc., Niagara Mohawk Power
Corporation, New York State Electric & Gas Corporation, Orange and
Rockland Utilities, Inc., and Rochester Gas and Electric Corporation
(collectively, Complainants or New York Transmission Owners) filed a
formal complaint against New York Independent System Operator, Inc.
(Respondent or NYISO), alleging that the NYISO's existing Participant
Funding Approach results in an unjust and unreasonable rate because it
causes the Complainants to incur ongoing, uncompensated risks related
to System Upgrade Facilities and System Deliverability Upgrades, all as
more fully explained in its complaint.
    The Complainants certify that copies of the complaint were served
on the contacts listed for Respondent in the Commission's list of
Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on April 29, 2021.

    Dated: April 12, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-07845 Filed 4-15-21; 8:45 am]
BILLING CODE 6717-01-P