[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Notices]
[Pages 20747-20749]
[FR Doc No: 2011-8913]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64262; File No. SR-NASDAQ-2011-047]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Conform Rules 2360, 2361, 2370, 6951 to FINRA Rule Changes

April 8, 2011.
    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 April 1, 2011, The NASDAQ Stock Market LLC (``NASDAQ'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I, II, and III, below,
which Items have been prepared by NASDAQ. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    NASDAQ is filing with the Securities Commission [sic] a proposal
for NASDAQ to amend NASDAQ Rules 2360 (Approval Procedures for Day-
Trading Accounts); 2361 (Day-Trading Risk Disclosure Statement); 2370
(Borrowing From or Lending to Customers); and 6951 (Definitions) to
make non-substantive changes that reflect recent changes to
corresponding rules of the Financial Industry Regulatory Authority
(``FINRA'').
    The text of the proposed rule change is available from NASDAQ's Web
site at http://nasdaq.cchwallstreet.com/Filings/, at NASDAQ's principal
office, 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, NASDAQ 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. NASDAQ 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 is not making any substantive changes to the content
of its rules. The purpose of this proposal is to update NASDAQ Rules
2360, 2361, 2370, and 6951 to reflect proper cross-references to
corresponding FINRA rules.
    Many of NASDAQ's rules are based on rules of FINRA (formerly the
National Association of Securities Dealers (``NASD'')). During 2008,
FINRA embarked on an extended process of moving rules formerly
designated as ``NASD Rules'' into a consolidated FINRA rulebook. In
most cases, FINRA has renumbered these rules, and in some cases has
substantively amended them. Accordingly, NASDAQ also proposes to
initiate a process of modifying its rulebook to ensure that NASDAQ
rules corresponding to FINRA/NASD rules continue to mirror them as
closely as practicable. In some cases, it will not be possible for the
rule

numbers of NASDAQ rules to mirror corresponding FINRA rules, because
existing or planned NASDAQ rules make use of those numbers. However,
wherever possible, NASDAQ plans to update its rules to reflect changes
to corresponding FINRA rules.
    In SR-FINRA-2009-059,\3\ FINRA adopted, with minor changes, NASD
Rules 2360 and 2361 regarding day trading into the FINRA consolidated
rulebook as FINRA Rules 2130 and 2270, respectively. FINRA Rules 2130
and 2270, like former NASD Rules 2360 and 2361, define day-trading
strategy and focus on members' obligations to disclose to non-
institutional customers the basic risks of engaging in a day-trading
strategy and to assess the appropriateness of day-trading strategies
for such customers. FINRA Rule 2130 creates an obligation on members
that promote a day-trading strategy regarding account-opening approval
procedures for non-institutional customers. FINRA Rule 2270 creates an
obligation on such members to disclose to non-institutional customers
the unique risks of engaging in a day-trading strategy. NASDAQ is, by
this filing, updating the references in its Rules 2360 and 2361 from
NASD Rules 2360 and 2361 to FINRA Rules 2130 and 2270.
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    \3\ See Securities Exchange Release No. 61059 (November 24,
2009), 74 FR 62847 (December 1, 2009) (SR-FINRA-2009-059) (notice of
filing and immediate effectiveness). See also Securities Exchange
Release No. 59432 (February 23, 2009), 74 FR 9121 (March 2, 2009)
(SR-FINRA-2009-005) (notice of filing and immediate effectiveness
regarding, among other things, updated rule cross-references and
other non-substantive technical changes to FINRA Rules 2360 and
2370).
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    NASDAQ is similarly updating the reference in its Rule 2370 from
NASD Rule 2370 to FINRA Rule 3240. In SR-FINRA-2009-095,\4\ FINRA
adopted, with minor changes, NASD Rule 2370 regarding borrowing from or
lending to customers into the FINRA consolidated rulebook as FINRA Rule
3240, and added record retention requirements. FINRA Rule 3240, like
former NASD Rules 2370, focuses in general on the appropriateness of
particular lending arrangements between FINRA member broker-dealers and
their registered persons and customers (to the extent permitted by the
member) and the potential for conflicts of interests between both the
registered person and his or her customer and the registered person and
the member with which he or she is associated.
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    \4\ See Securities Exchange Release No. 61537 (February 18,
2010), 75 FR 8772 (February 25, 2010)(SR-FINRA-2009-095)(order
approving, among other things, adoption of NASD Rule 2370 as FINRA
Rule 3240).
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    Additionally, in SR-FINRA-2009-005,\5\ FINRA renumbered cross-
references in its rules from NYSE Rule 80A to NYSE Rule 132B on the
basis of a New York Stock Exchange (``NYSE'' or NYSE Euronext'') rule
proposal.\6\ In that proposal, NYSE rescinded its Rule 80A regarding
index arbitration [sic] restrictions and repositioned the definitions
of ``index arbitrage'' and ``program trading'' into NYSE Rule 132B.
Because NASDAQ Rule 6951 refers in its definitions of index arbitrage
and program trading to Rule 80A, NASDAQ is, by this filing, updating
the references in its Rule 6951 from NYSE Rule 80A to 132B.
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    \5\ See Securities Exchange Release No. 59432 (February 23,
2009), 74 FR 9121 (March 2, 2009) (SR-FINRA-2009-005) (notice of
filing and immediate effectiveness).
    \6\ See Securities Exchange Release No. 56726 (October 31,
2007), 72 FR 62719 (November 6, 2007) (SR-NYSE-2007-96) (notice of
filing and immediate effectiveness).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\7\ in general, and with
Sections 6(b)(5) of the Act,\8\ in particular, in that the proposal is
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. The proposed
changes will conform NASDAQ Rules 2360, 2361, 2370, and 6951 to recent
changes made to several corresponding FINRA rules, to promote
application of consistent regulatory standards.
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    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    NASDAQ does not believe that the proposed rule change will result
in 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

    Written comments were neither solicited nor received.

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

    The Exchange believes that the foregoing proposed rule change may
take effect upon filing with the Commission pursuant to Section
19(b)(3)(A) \9\ of the Act and Rule 19b-4(f)(6)(iii) thereunder \10\
because the foregoing proposed rule change does not: (i) Significantly
affect the protection of investors or the public interest; (ii) impose
any significant burden on competition; and (iii) become operative for
30 days from the date on which it was filed, or such shorter time as
the Commission may designate.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

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-NASDAQ-2011-047 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-NASDAQ-2011-047. 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 Web site
viewing and printing in the Commission's Public Reference Room 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 offices 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-NASDAQ-2011-047, and should be submitted on or before
May 4, 2011.

    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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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-8913 Filed 4-12-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 237 (Tuesday, December 10, 2019)]
[Notices]
[Page 67444]
[FR Doc No: 2019-26530]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14742-001]

Ute Indian Tribe Notice of Successive Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On August 30, 2019, Ute Indian Tribe filed an application for a
successive preliminary permit, pursuant to section 4(f) of the Federal
Power Act (FPA), proposing to study the feasibility of the Ute Pumped
Storage Project (Ute Project or project) adjacent to the Bureau of
Reclamation's Flaming Gorge Reservoir, in Daggett County, Utah. The
sole purpose of a preliminary permit, if issued, is to grant the permit
holder priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The proposed project would consist of the following: (1) An intake
and discharge structure at one of seven locations in Flaming Gorge
Reservoir; (2) an underground tailrace between the reservoir intake/
outlet structure and the powerhouse; (3) pump-turbine units in an
underground powerhouse with generation capacity of between 500 to 1,000
megawatts; (4) a penstock between the powerhouse and the upper
reservoir; (5) a dam at one of seven locations forming the upper
reservoir; (6) an upper reservoir at one of seven locations with a
capacity between 5,000 and 10,000 acre-feet, at an elevation between
6,800 and 7,500 feet above mean sea level; (7) a transmission line from
the powerhouse to the nearest major transmission interconnection; and
(8) appurtenant facilities. The estimated annual generation of the Ute
Project would be between 400 and 850 gigawatt-hours.
    Applicant Contact: Luke Duncan, Chairman, Ute Tribal Business
Committee, Ute Indian Tribe, PO Box 190, Fort Duchesne, UT 84026;
phone:<PHONE_NUMBER>.
    FERC Contact: Evan Williams; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-14742-001.
    More information about this project, including a copy of the
application, can be viewed or printed on the eLibrary link of
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14742) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: December 4, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-26530 Filed 12-9-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: July 31, 2007 (Volume 72, Number 146)]
[Notices]
[Page 41731-41733]
[DOCID:fr31jy07-67]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP07-8-001 and CP07-8-002]

Guardian Pipeline, L.L.C; Notice of Intent To Prepare an
Environmental Impact Statement for the Proposed Guardian Pipeline,
L.L.C.'s Amended Guardian Expansion/Extension Project and Request for
Comments on Environmental Issues

July 20, 2007.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) is in the process of preparing an environmental impact
statement (EIS) that will address the environmental impacts of the
Guardian Expansion/Extension Project (G-II) proposed by Guardian
Pipeline, L.L.C (Guardian). The Commission will use the EIS in its
decision-making process to determine whether or not to authorize the
project. A Draft EIS (DEIS) for the G-II Project was issued on April
13, 2007.
    This notice announces the opening of a comment period to gather
input from the public and interested agencies on amendments that
Guardian has made to its proposed G-II Project in filings with the
Commission dated April 25, 2007 and July 2, 2007. Each of these

amendments were filed in response to various environmental and
stakeholder concerns and are discussed in further detail below.
    On May 19, 2006, the Commission issued a Notice of Intent (NOI)
which announced FERC's initiation of preparing the EIS for the G-II
Project. The May 19, 2006 NOI provided information about the proposed
Project, the FERC's environmental review process, and requested
comments on the scope of issues to be addressed in the EIS. The comment
period for the May 19, 2006 NOI closed on June 26, 2006. Comments filed
during the scoping period were addressed in the DEIS.

April 25, 2007 Amendment

    The April 25, 2007, amendment (Amendment 1) consisted of a pipeline
reroute between mileposts (MPs) 95.3 and 118.2 around the Oneida Nation
of Wisconsin (Oneida) Reservation in Brown and Outagamie Counties,
Wisconsin; modifications to the locations of the West Green Bay,
Rubicon, and Sheboygan Meter Stations in Outagamie, Dodge, and Fond du
Lac Counties, Wisconsin, respectively; modifications to the location of
the Sycamore Compressor Station in De Kalb County, Illinois; and three
minor route variations between MPs 71.9 and 72.1 in Calumet County,
Wisconsin, MPs 4.1 and 4.6 in Dodge County, Wisconsin, and MPs 41.1 and
41.4 in Fond du Lac County, Wisconsin.
    Guardian is proposing the reroute around the Oneida Reservation
because it has been unable to negotiate an easement agreement with
Oneida Tribe. The 23-mile reroute would consist of a new 23-mile route
that would begin at MP 95.3 of the originally proposed route and end at
a new Pipeline terminus at MP 118.2 in Outagamie County, Wisconsin. The
reroute would add an additional 8.74 miles of 20-inch-diameter pipeline
to the total project length of pipe. This proposed reroute would also
include moving the location of the proposed West Green Bay Meter
Station to a site approximately one mile west of the location evaluated
in the April 13, 2007 DEIS, and about a 0.8 mile pipeline to
interconnect the new meter station location with the proposed Wisconsin
Public Service Corporation delivery point in West Green Bay.
    The proposed modification to the Sycamore Compressor Station in
DeKalb County, Illinois would result in relocating the compressor
station to a site approximately 0.25 mile north of the location
evaluated in the April 13, 2007 DEIS.
    Modifications to the Rubicon Meter Station would consist of
locating the facility to a new site at MP 13.8 in Dodge County,
Wisconsin about 0.5 mile from the originally proposed site. Moving the
site would increase the distance between the facility and existing farm
and residential buildings, as well as avoid impacts on a planned
structure at MP 13.3. The change in facility location would result in
approximately 0.3 acre of additional permanent impacts to agricultural
land. Modifications to the Sheboygan Meter Station would consist of
relocating the meter station to a new site approximately 150 feet west
of the location evaluated in the April 13, 2007 DEIS. The new site was
selected to allow safer operation of the meter station by increasing
the overall distance between the meter station and the power line.
    Minor route variations were also proposed by Guardian in Amendment
1 to minimize environmental impacts and address additional landowner
concerns. The modification between MP 71.9 and 72.1 would avoid a
wooded area located at MP 72.0, and increase the amount of pipeline to
be collocated within a power line easement. The minor route variations
proposed between MPs 4.1 and 4.6 in Dodge County and MPs 41.1 and 41.4
in Fond du Lac County, Wisconsin, would avoid the diagonal crossings of
private property and minimize the number of landowners crossed. These
variations would result in an additional 0.5 and 0.4 miles of pipeline,
respectively.
    A map depicting the G-II Pipeline as amended by Guardian on April
25, 2007 is included in appendix 1.\1\
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    \1\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies are available on the
Commission's Web site (excluding maps) at the ``e-Library'' link or
from the Commission's Public Reference Room, or call<PHONE_NUMBER>.
For instructions on connecting to the e-Library refer to the end of
this notice. Copies of the appendices were sent to all those
receiving this notice in the mail.
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July 2, 2007 Amendment

    The July 2, 2007 amendment (Amendment 2) modified part of the
proposed reroute presented in Amendment 1 between MPs 88.0 and 98.2,
including the relocation of the Fox River crossing, and proposed new
locations for the Denmark and Southwest Green Bay Meter Stations in
Brown County, Wisconsin. Guardian also proposed the construction of two
branch lines (a 16-inch-diameter and a 20-inch-diameter branch lines)
in Brown and Outagamie Counties, Wisconsin to interconnect with the
Denmark and Southwest Green Bay delivery points currently proposed by
the Wisconsin Public Service Company (WPS). The proposed branch lines
would add an additional 1.4 miles of 16-inch-diameter pipe and 1.8
miles of 20-inch-diameter pipe. Guardian also proposes to move the Fox
Valley Meter Station location from MP 83.7 to MP 81.4.
    A map depicting the G-II Pipeline route as amended by Guardian
between MP 88.0 and 98.2 on July 2, 2007 is also in appendix 1.
Appendix 2 contains a general map of the entire amended pipeline route.
    The total length of the proposed pipeline facilities, as amended
(including the mainline and branch lines) is now 119.2 miles.

Public Participation

    We \2\ are specifically requesting comments on the revised facility
locations. Your input will help identify the issues that need to be
evaluated in the EIS. Comments on the project may be submitted in
written form. Further details on how to submit written comments are
provided in the Public Participation section of this NOI. Please note
that comments for this NOI are requested by August 20, 2007.
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    \2\ ``We'', ``us'', and ``our'' refer to the environmental staff
of the FERC's Office of Energy Projects.
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    This notice is being sent to affected landowners; federal, state,
and local government agencies; elected officials; environmental and
public interest groups; Native American tribes; other interested
parties; and local libraries and newspapers. We encourage government
representatives to notify their constituents of this planned project
and encourage them to comment on their areas of concern.
    You can make a difference by providing us with your specific
comments or concerns about the proposed project. By becoming a
commentor, your concerns will be addressed in the EIS and considered by
the Commission. Your comments should focus on the potential
environmental effects of the revised facility sites and pipeline
routes, and measures to avoid or lessen environmental impact. The more
specific your comments, the more useful they will be. To ensure that
your comments are timely and properly recorded, please carefully follow
these instructions:
     Send an original and two copies of your letter to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First St., NE., Room 1A, Washington, DC 20426.
     Label one copy of your comments for the attention of Gas
Branch 1.

     Reference Docket Nos. CP07-8-001 and CP07-8-002 on the
original and both copies.
     Mail your comments so that they will be received in
Washington, DC on or before August 20, 2007.
    The Commission strongly encourages electronic filing of any
comments in response to this Notice of Intent. For information on
electronically filing comments, please see the instructions on the
Commission's Web site at http://www.ferc.gov under the ``e-Filing''

link and the link to the User's Guide, as well as information in 18 CFR
385.2001(a)(1)(iii). Before you can submit comments you will need to
create a free account, which can be created on-line.
    You may want to become an official party to the proceeding known as
an ``intervenor.'' Intervenors play a more formal role in the process
and are able to file briefs, appear at hearings, and be heard by the
courts if they choose to appeal the Commission's final ruling. An
intervenor formally participates in a Commission proceeding by filing a
request to intervene. Instructions for becoming an intervenor are
included in the User's Guide under the ``e-filing'' link on the
Commission's Web site.

Environmental Mailing List

    An effort is being made to send this notice to all individuals,
organizations, and government entities interested in and/or potentially
affected by the proposed project. This includes all landowners who are
potential right-of-way grantors, whose property may be used temporarily
for project purposes, or who own homes within distances defined in the
Commission's regulations of certain above-ground facilities.
    If you received this notice, you are on the environmental mailing
list for this project. If you do not want to send comments at this
time, but still want to remain on our mailing list, please return the
Information Request (Appendix 3). If you do not return the Information
Request, you will be removed from the Commission's environmental
mailing list.

Availability of Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC (3372) or on
the FERC Internet Web site (http://www.ferc.gov) using the ``eLibrary

link.'' Click on the eLibrary link, select ``General Search'' and enter
the project docket number excluding the last three digits (i.e., CP07-
8) in the ``Docket Number'' field. Be sure you have selected an
appropriate date range. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or TTY, contact<PHONE_NUMBER>. The eLibrary link on the FERC Internet
Web site also provides access to the texts of formal documents issued
by the Commission, such as orders, notices, and rule makings.
    In addition, the FERC now offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. To register for this service, go to http://www.ferc.gov/esubscribenow.htm
.

    Public meetings or site visits will be posted on the Commission's
calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx

along with other related information.
    Finally, Guardian has established an Internet Web site for this
project at http://www.guardianpipeline.com/. The Web site includes a

description of the project, a map of the proposed pipeline route, and
answers to frequently asked questions. You can also request additional
information or provide comments directly to Guardian at 1-866-608-7300
or<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. E7-14738 Filed 7-30-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 245 (Monday, December 21, 2020)]
[Proposed Rules]
[Pages 82990-82994]
[FR Doc No: 2020-27828]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 882 and 1270

[Docket No. FDA-2020-N-1519]
RIN 0910-AI41

Revocation of the Regulations for Human Tissue Intended for
Transplantation and Human Dura Mater

AGENCY: Food and Drug Administration, HHS.

ACTION: Proposed rule.

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SUMMARY: The Food and Drug Administration (FDA, the Agency, or we) is
proposing to revoke the regulations for human tissue intended for
transplantation and human dura mater recovered prior to May 25, 2005.
The proposed revocation does not affect the regulations for human
cells, tissues, and cellular and tissue-based products (HCT/Ps)
recovered on or after May 25, 2005. FDA is proposing this action
because these regulations are obsolete or no longer necessary to
achieve public health goals. This action is part of FDA's
implementation of Executive Orders 13771 and 13777. Under these
Executive Orders, FDA is comprehensively reviewing existing regulations
to identify opportunities for repeal, replacement, or modification that
will result in meaningful burden reduction, while allowing the Agency
to achieve our public health mission and fulfill statutory obligations.

DATES: Submit either electronic or written comments on the proposed
rule by March 8, 2021.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before March 8, 2021. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of March 8, 2021. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2020-N-1519 for ``Revocation of the Regulations for Human Tissue
Intended for Transplantation.'' Received comments, those filed in a
timely manner (see ADDRESSES), will be placed in the docket and, except
for those submitted as ``Confidential Submissions,'' will be publicly
viewable at https://www.regulations.gov or at the Dockets Management
Staff between 9 a.m. and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS

CONFIDENTIAL INFORMATION.'' The Agency will review this copy, including
the claimed confidential information, in its consideration of comments.
The second copy, which will have the claimed confidential information
redacted/blacked out, will be available for public viewing and posted
on https://www.regulations.gov. Submit both copies to the Dockets
Management Staff. If you do not wish your name and contact information
to be made publicly available, you can provide this information on the
cover sheet and not in the body of your comments and you must identify
this information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with 21 CFR
10.20 and other applicable disclosure law. For more information about
FDA's posting of comments to public dockets, see 80 FR 56469, September
18, 2015, or access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Shruti Modi, Center for Biologics
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-
402-7911.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
    A. Purpose of the Proposed Rule
    B. Summary of the Major Provisions of the Proposed Rule
    C. Legal Authority
    D. Costs and Benefits
II. Background
    A. Introduction
    B. Need for Regulation/History of Regulation
    C. Applicability of Sec.  882.5975 and Part 1270
III. Legal Authority
IV. Description of the Proposed Rule
V. Proposed Effective Date
VI. Preliminary Economic Analysis of Impacts
VII. Analysis of Environmental Impact
VIII. Paperwork Reduction Act of 1995
IX. Federalism
X. Consultation and Coordination With Indian Tribal Governments
XI. References

I. Executive Summary

A. Purpose of the Proposed Rule

    FDA proposes to remove the regulations under part 1270 (21 CFR part
1270), ``Human Tissue Intended for Transplantation'' and Sec.  882.5975
(21 CFR 882.5975), ``Human dura mater.'' These regulations apply to
certain tissues recovered prior to May 25, 2005. The Agency does not
believe there are currently any tissues intended for transplantation
remaining in inventory that were recovered prior to this date and that
would be subject to these regulations. Therefore, the regulations under
this part are outdated and obsolete. All HCT/Ps recovered on or after
May 25, 2005, are subject to the regulations under part 1271 (21 CFR
part 1271), ``Human Cells, Tissues, and Cellular and Tissue-Based
Products.''

B. Summary of the Major Provisions of the Proposed Rule

    The proposed rule would remove part 1270 ``Human Tissue Intended
for Transplantation,'' which applies to certain human tissue and to
establishments or persons engaged in the recovery, screening, testing,
processing, storage, or distribution of human tissue. It would also
remove Sec.  882.5975, ``Human dura mater,'' which identifies and
classifies Human dura mater recovered prior to May 25, 2005.

C. Legal Authority

    FDA is taking this action under the communicable disease provisions
of the Public Health Service Act (the PHS Act) and the device
provisions of the Federal Food, Drug, and Cosmetic Act (the FD&C Act).

D. Costs and Benefits

    Because this proposed rule would not impose any additional burden
on the industry, this regulation is not anticipated to result in any
compliance costs. The costs and cost savings to FDA resulting from
removing an obsolete regulation are expected to be minimal.

II. Background

A. Introduction

    On February 24, 2017, Executive Order 13777, entitled ``Enforcing
the Regulatory Reform Agenda'' (https://www.federalregister.gov/documents/2017/03/01/2017-04107/enforcing-the-regulatory-reform-agenda,
82 FR 12285, March 1, 2017) was issued. One of the provisions of the
Executive Order requires Agencies to evaluate existing regulations and
make recommendations to the Agency head regarding their repeal,
replacement, or modification, consistent with applicable law. As part
of this initiative, FDA is proposing to revoke certain regulations as
specified in this proposed rule.

B. Need for Regulation/History of Rulemaking

    FDA regulates articles containing or consisting of human cells or
tissues intended for implantation, transplantation, infusion, or
transfer into a human recipient. These are defined in Sec.  1271.3(d)
as HCT/Ps. Tissues as defined in Sec.  1270.3(j) recovered prior to May
25, 2005, are regulated under part 1270. HCT/Ps recovered on or after
May 25, 2005, are subject to the regulations in part 1271. Examples of
HCT/Ps include, but are not limited to the following: bone, ligament,
skin, cornea, ligament, dura mater, heart valve, hematopoietic stem/
progenitor cells derived from peripheral and cord blood, and semen or
other reproductive tissue. Vascularized human organs for
transplantation are not considered HCT/Ps. FDA currently regulates
human dura mater recovered prior to May 25, 2005, under Sec.  882.5975.
    In the Federal Register of December 14, 1993 (58 FR 65514), FDA
published an interim rule (1993 interim rule) for Human Tissue Intended
for Transplantation. This rule provided specific donor suitability and
testing requirements for certain tissue products. As the use of human
tissue for transplantation increased, FDA determined that there was a
need for a much more comprehensive set of regulatory requirements that
included a broader scope of products. In the Federal Register of July
29, 1997 (62 FR 40429), FDA issued a final rule which clarified and
modified provisions of the 1993 interim rule.
    In the Federal Register of March 4, 1997 (62 FR 9721), FDA
announced the availability of a document entitled ``Proposed Approach
to the Regulation of Cellular and Tissue-Based Products.'' The purpose
was to develop a plan to address the regulation of human cellular and
tissue-based products in a more comprehensive, but not unduly
burdensome manner. The plan detailed how cellular and tissue-based
products would be regulated with a tiered approach based on risk and
the necessity for FDA review.
    As part of this approach, FDA advanced three regulatory proposals
including: (1) Registration and Listing; (2) Communicable-Disease
Screening and Testing; and (3) Processing Standards. FDA published
three final rules to implement the proposed approach as follows:
    (1) ``Human Cells, Tissues, and Cellular and Tissue-Based Products;

Establishment Registration and Listing'' (66 FR 5447, January 19,
2001), which set forth part 1271, subpart A (General Provisions) and
subpart B (Procedures for Registration and Listing) (effective dates
April 4, 2001, and January 21, 2004 based on the applicability of the
HCT/P establishment). The final rule requires HCT/P establishments to
register with the Agency and list the HCT/Ps they manufacture.
    (2) ``Eligibility Determination for Donors of Human Cells, Tissues,
and Cellular and Tissue-Based Products'' (69 FR 29786, May 25, 2004),
which set forth part 1271, subpart C (Donor Eligibility) (effective
date May 25, 2005). The final rule requires HCT/P establishments to
screen and test cell and tissue donors for risk factors for, and
clinical evidence of, relevant communicable disease agents and
diseases.
    (3) ``Current Good Tissue Practice for Human Cell, Tissue, and
Cellular and Tissue-Based Product Establishments, Inspection and
Enforcement'' (69 FR 68611, November 24, 2004), which set forth part
1271, subpart D (Current Good Tissue Practice), subpart E (Additional
Requirements for Establishments Described in Sec.  1271.10), and
subpart F (Inspection and Enforcement of Establishments Described in
Sec.  1271.10) (effective date May 25, 2005). The final rule requires
HCT/P establishments to follow current good tissue practice, which
governs the methods used in, and the facilities and controls used for,
the manufacture of HCT/Ps; recordkeeping; and the establishment of a
quality program.
    FDA issued these regulations to increase the safety of HCT/Ps, and
public confidence in their safety, by helping to prevent the
introduction, transmission, and spread of communicable disease. The
regulations were issued to protect the public health while minimizing
regulatory burden, which in turn would encourage significant
innovation.

C. Applicability of Sec.  882.5975 and Part 1270

    The Agency did not revoke part 1270 at the same time the Agency
proposed part 1271 because it would have been impractical to apply part
1271 retroactively to human tissue, as defined in Sec.  1270.3(j), that
was recovered before the effective date of the final rule. Instead, the
Agency decided that human tissue, as defined in Sec.  1270.3(j), that
was recovered prior to May 25, 2005, would remain subject to the
regulations in part 1270. However, in the final rules applicable to
HCT/Ps (66 FR 5447 and 5448; 69 FR 68611), FDA noted its intention to
revoke part 1270 in the future when we were confident that there was no
human tissue regulated under part 1270 available for use.
    Part 1270 applies only to human tissue defined in Sec.  1270.3(j)
and recovered prior to May 25, 2005. The device classification set
forth in 21 CFR 882.5975, ``Human dura mater,'' is only applicable to
human dura mater recovered prior to May 25, 2005. Human dura mater
recovered on or after May 25, 2005, is subject to the regulations in
part 1271 when an establishment does not qualify for any of the
exceptions in Sec.  1271.15. Further, human dura mater is regulated
solely under section 361 of the PHS Act and part 1271 when the HCT/P
meets all the criteria set out in Sec.  1271.10(a). Otherwise the HCT/P
is regulated as a drug, device, and/or biological product under the
FD&C Act, and/or section 351 of the PHS Act, and applicable
regulations, including part 1271.
    Products that meet the definition of an HCT/P in Sec.  1271.3(d)
that are recovered on or after May 25, 2005, including those that have
been regulated after May 25, 2005, as drugs, devices, and/or biological
products under section 351 of the PHS Act and/or the FD&C Act will not
be affected by revocation of part 1270.
    We do not believe there are currently any tissues intended for
transplantation remaining in inventory that were recovered prior to May
25, 2005, that would be subject to these regulations. Therefore, the
regulations under Sec.  882.5975 and part 1270 are outdated and
obsolete.

III. Legal Authority

    FDA is issuing this proposed rule under the communicable disease
provisions of the PHS Act, which provide FDA with the authority to
issue and enforce regulations designed to prevent the introduction,
transmission, and spread of communicable disease (42 U.S.C. 216, 243,
264, 271), and provisions of the FD&C Act applicable to devices (21
U.S.C. 351, 360, 360c, 360e, 360j, 360l, 371)).

IV. Description of the Proposed Rule

    Part 1270 became effective in 1997, and applies only to human
tissue defined in Sec.  1270.3(j) and recovered prior to May 25, 2005.
It is highly unlikely there is any human tissue regulated under part
1270 remaining in inventory today that is suitable for human
transplantation. This regulation is outdated and has been replaced with
part 1271.

V. Proposed Effective Date

    FDA is proposing that any final rule based on the proposed rule
become effective 30 days after the date of its publication in the
Federal Register.

VI. Preliminary Economic Analysis of Impacts

    We have examined the impacts of the proposed rule under Executive
Order 12866, Executive Order 13563, Executive Order 13771, the
Regulatory Flexibility Act (5 U.S.C. 601-612), and the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). Executive Orders 12866 and
13563 direct us to assess all costs and benefits of available
regulatory alternatives and, when regulation is necessary, to select
regulatory approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity). Executive Order 13771
requires that the costs associated with significant new regulations
``shall, to the extent permitted by law, be offset by the elimination
of existing costs associated with at least two prior regulations.'' We
believe that this proposed rule is not a significant regulatory action
as defined by Executive Order 12866.
    The Regulatory Flexibility Act requires us to analyze regulatory
options that would minimize any significant impact of a rule on small
entities. Because the proposed rule, if finalized, would not create new
regulatory responsibilities for small entities, we propose to certify
that the proposed rule will not have a significant economic impact on a
substantial number of small entities.
    The Unfunded Mandates Reform Act of 1995 (section 202(a)) requires
us to prepare a written statement, which includes an assessment of
anticipated costs and benefits, before proposing ``any rule that
includes any Federal mandate that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100,000,000 or more (adjusted annually for
inflation) in any one year.'' The current threshold after adjustment
for inflation is $156 million, using the most current (2019) Implicit
Price Deflator for the Gross Domestic Product. This proposed rule would
not result in an expenditure in any year that meets or exceeds this
amount.
    This proposed rule, if finalized, would remove the obsolete
regulations under part 1270 for human tissue intended for
transplantation into a human recipient and Sec.  882.5975 for human
dura matter. These regulations

only apply to tissue derived from a human body and recovered prior to
May 25, 2005. We believe it is highly unlikely any such human tissues
remain available for use today. The proposed rule therefore is not
anticipated to result in any compliance costs to the industry. We
expect the economic impact on the FDA resulting from removing an
obsolete regulation to be minimal.
    Table 1 summarizes the estimated benefits and costs of the proposed
rule, if finalized. Annualized over 10 years, the estimated benefits
(i.e., cost savings) of the proposed rule would be $0 at both the 3 and
7 percent discount rate. The present value of the estimated benefits
(i.e., cost savings) of the proposed rule would also be $0 at both the
3 and 7 percent discount rate. The annualized costs of the proposed
rule, if finalized, would be $0 at both 3 and 7 percent discount rate.
The present value of costs of the proposed rule would also be $0 at
both 3 and 7 percent discount rate.

                                     Table 1--Summary of Benefits, Costs and Distributional Effects of Proposed Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Units
                                                                                ------------------------------------
                    Category                       Primary       Low        High                               Period                 Notes
                                                  estimate    estimate    estimate      Year      Discount     covered
                                                                                ollars       rate       (years)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Benefits:
    Annualized Monetized $millions/year........          $0          $0          $0        2019           7          10
                                                          0           0           0        2019           3          10
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Annualized Quantified......................

--------------------------------------------------------------------------------------------------------------------------------------------------------
    Qualitative................................  Field investigators would no
                                                 longer need to reference the
                                                 obsolete regulations, resulting in
                                                 very minor cost savings for FDA in
                                                 terms of employee time.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Costs:
    Annualized Monetized millions/year.........           0           0           0        2019           7          10
                                                          0           0           0        2019           3          10
    Annualized Quantified......................  ..........  ..........  ..........  ..........           7
                                                                                3
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Qualitative................................

--------------------------------------------------------------------------------------------------------------------------------------------------------
Transfers:
    Federal Annualized Monetized millions/year.  ..........  ..........  ..........  ..........           7
                                                                                3
--------------------------------------------------------------------------------------------------------------------------------------------------------
    From/To....................................  From:
                                                 To:
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Other Annualized Monetized millions/year...  ..........  ..........  ..........  ..........           7
                                                                                3
--------------------------------------------------------------------------------------------------------------------------------------------------------
    From/To....................................  From:
                                                 To:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Effects:
 State, Local or Tribal Government: None.
 Small Business: None.
 Wages: None.
 Growth: None.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In line with Executive Order 13771, in table 2 we estimate present
and annualized values of costs and cost savings over an infinite time
horizon. The present value of the net costs and cost savings would be
$0 at both 3 and 7 percent discount rate.

                                                      Table 2--Executive Order 13771 Summary Table
                                               [In $ millions 2016 dollars, over an infinite time horizon]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Primary     Lower estimate  Upper estimate      Primary     Lower estimate  Upper estimate
                          Item                             estimate (7%)       (7%)            (7%)        estimate (3%)       (3%)            (3%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Present Value of Costs..................................              $0              $0              $0              $0              $0              $0
Present Value of Cost Savings...........................               0               0               0               0               0               0
Present Value of Net Costs..............................               0               0               0               0               0               0
Annualized Costs........................................               0               0               0               0               0               0
Annualized Cost Savings.................................               0               0               0               0               0               0
Annualized Net Costs....................................               0               0               0               0               0               0
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We have developed a comprehensive Preliminary Economic Analysis of
Impacts that assesses the impacts of the proposed rule. The full
preliminary analysis of economic impacts is available in the docket for
this proposed rule (Ref. 1) and https://www.fda.gov/AboutFDA/ReportsManualsForms/Reports/EconomicAnalyses/default.htm.

VII. Analysis of Environmental Impact

    We have determined under 21 CFR 25.31(h) that this action is of a
type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.

VIII. Paperwork Reduction Act of 1995

    FDA tentatively concludes that this proposed rule contains no
collection of information. Therefore, clearance by the Office of
Management and Budget under the Paper Reduction Act of 1995 is not
required.

IX. Federalism

    We have analyzed this proposed rule in accordance with the
principles set forth in Executive Order 13132. We have determined that
the proposed rule does not contain policies that 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. Accordingly,
we conclude that the rule does not contain policies that have
federalism implications as defined in the Executive Order and,
consequently, a federalism summary impact statement is not required.

X. Consultation and Coordination With Indian Tribal Governments

    We have analyzed this proposed rule in accordance with the
principles set forth in Executive Order 13175. We have tentatively
determined that the rule does not contain policies that would 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. The Agency solicits comments from tribal
officials on any potential impact on Indian Tribes from this proposed
action.

XI. References

    The following reference is on display at the Dockets Management
Staff (see ADDRESSES) and is available for viewing by interested
persons between 9 a.m. and 4 p.m., Monday through Friday; it is also
available electronically at https://www.regulations.gov. FDA has
verified the website address, as of the date this document publishes in
the Federal Register, but websites are subject to change over time.

    1. FDA, ``Preliminary Regulatory Impact Analysis; Initial
Regulatory Flexibility Analysis; Unfunded Mandates Reform Act
Analysis, Revocation of the Regulations for Human Tissue Intended
for Transplantation; Proposed Rule'' dated March 24, 2020. Also
available at: https://www.fda.gov/about-fda/reports/economic-impact-analyses-fda-regulations.

List of Subjects

21 CFR Part 882

    Medical devices, Neurological devices.

21 CFR Part 1270

    Communicable diseases, HIV/AIDS, Reporting and recordkeeping
requirements.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and the
Public Health Service Act, it is proposed that 21 CFR parts 882 and
1270 are amended as follows:

PART 882--NEUROLOGICAL DEVICES

0
1. The authority citation for part 882 continues to read as follows:

    Authority:  21 U.S.C. 351, 360, 360c, 360e, 360j, 360l, 371.

Sec.  882.5975   [Removed]

0
2. Remove Sec.  882.5975.

PART 1270--[REMOVED]

0
3. Under the authority of 42 U.S.C. 216, 243, 264, 271, 21 CFR part
1270 is removed.

    Dated: December 2, 2020.
Stephen M. Hahn,
Commissioner of Food and Drugs.
    Dated: December 11, 2020
Alex M. Azar II,
Secretary, Department of Health and Human Services.
[FR Doc. 2020-27828 Filed 12-18-20; 8:45 am]
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[Federal Register: November 3, 2006 (Volume 71, Number 213)]
[Notices]
[Page 64692-64693]
[DOCID:fr03no06-47]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER06-1185-000, ER06-1185-001 and ER06-1185-002]

Pace Global Asset Management, LLC; Notice of Issuance of Order

October 27, 2006.
    Pace Global Asset Management, LLC (Pace) filed an application for
market-based rate authority, with an accompanying rate schedule. The
proposed market-based rate schedule provides for the sale of energy and
capacity at market-based rates. Pace also requested waivers of various

Commission regulations. In particular, Pace requested that the
Commission grant blanket approval under 18 CFR Part 34 of all future
issuances of securities and assumptions of liability by Pace.
    On October 26, 2006, pursuant to delegated authority, the Director,
Division of Tariffs and Market Development--West, granted the requests
for blanket approval under Part 34. The Director's order also stated
that the Commission would publish a separate notice in the Federal
Register establishing a period of time for the filing of protests.
Accordingly, any person desiring to be heard or to protest the blanket
approvals of issuances of securities or assumptions of liability by
Pace should file a motion to intervene or protest with the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426, in accordance with Rules 211 and 214 of the Commission's Rules
of Practice and Procedure. 18 CFR 385.211, 385.214 (2004).
    Notice is hereby given that the deadline for filing motions to
intervene or protest is November 27, 2006.
    Absent a request to be heard in opposition by the deadline above,
Pace is authorized to issue securities and assume obligations or
liabilities as a guarantor, indorser, surety, or otherwise in respect
of any security of another person; provided that such issuance or
assumption is for some lawful object within the corporate purposes of
Pace, compatible with the public interest, and is reasonably necessary
or appropriate for such purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of Pace's issuance of securities or assumptions of
liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-18533 Filed 11-2-06; 8:45 am]

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