[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Notices]
[Pages 1245-1249]
[FR Doc No: 2016-248]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76835; File No. SR-ISE-2015-44]

Self-Regulatory Organizations; International Securities Exchange;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Establish the Securities Trader and Securities Trader Principal
Registration Categories

January 5, 2016.
    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 December 23, 2015, the International
Securities Exchange, LLC (the ``Exchange'' or the ``ISE'') filed with
the Securities and Exchange Commission the proposed rule change as
described in Items I, II, and III below, of which Items I and II have
been prepared by the self-regulatory organization. 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.
---------------------------------------------------------------------------

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

    ISE proposes to codify, in the Supplementary Material to Rule 313
Registration Requirements, the categories of registration and
respective qualification examinations required for individual
associated persons (``associated persons'') that engage in the
securities activities of members on the Exchange. Specifically, the
Exchange proposes to (1) replace the Proprietary Trader registration
category and the Series 56 Proprietary Trader registration
qualification examination with the newly codified Securities Trader
category of registration and the Series 57 Securities Trader
registration qualification examination for Securities Traders
respectively and (2) replace the Proprietary Trader Principal
registration category with the newly codified registration category of
Securities Trader Principal and require Securities Trader Principals to
take the Series 57 qualification examination in addition to the Series
24 qualification examination. The Exchange also proposes to amend Rule
604, Continuing Education for Registered Persons, by deleting the rule
text referring to the S501 continuing education program currently
applicable to Proprietary Traders and replacing it with the S101, and
replacing a reference to the Series 56 with the 57. Specifically, the
Exchange proposes that Series 57 registered persons take the S101
General Program for Series 7 and all other registered persons. Finally,
the Exchange proposes to amend Rule 604 to provide for Web-based
delivery of the continuing education regulatory element for registered
persons. The text of the proposed rule change is available on the
Exchange's Web site at www.ise.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
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 Rule 313 Registration Requirements.
This amendment will replace the Proprietary Trader (PT) registration
category and qualification examination (Series 56) with the newly
codified Securities Trader (TD) registration category and qualification
examination (Series 57). In addition, the Exchange proposes to replace
the Proprietary Trader Principal (TP) registration category with the
newly codified Securities Trader Principal (TP) registration category
for associated persons who either: (i) Supervise or monitor proprietary
trading, market-making and/or brokerage activities for broker-dealers;
(ii) supervise or train those engaged in proprietary trading, market-
making and/or effecting transactions on behalf of a broker-dealer, with
respect to those activities; and/or (iii) are officers, partners or
directors of a member, as described in paragraph in proposed paragraph
(a) to .08 of Supplementary Material to Rule 313. The Exchange also
proposes to replace the Proprietary Trader Compliance Officer (CT)
registration category with the newly codified Securities Trader
Compliance Officer (CT) registration category for Chief Compliance
Officers (or individuals performing similar functions) of a member or
member organization. This filing is, in all material respects, based
upon SR-FINRA-2015-015 and 2015-017, and SR-C2-2015-027.\3\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 75581 (July 31,
2015), 80 FR 47018 (August 6, 2015) (SR-FINRA-2015-015); Securities
Exchange Act Release No. 75783 (August 28, 2015), 80 FR 53369
(September 3, 2015) (SR-FINRA-2015-017); and Securities Exchange Act
Release No. 76408 (November 10, 2015) (SR-C2-2015-027).
---------------------------------------------------------------------------

    Currently, Rule 313 requires, among other things, an associated
person engaged or to be engaged in the securities business of a member
to register with the Exchange in the category of registration
appropriate to the function to be performed and to pass the
qualification examination appropriate to the category of registration
as prescribed by the Exchange. Among the qualification and registration
requirements set forth by the Exchange, an associated person who
engages in proprietary trading, market-making, or effecting
transactions on behalf of a broker-dealer must register and qualify as
a Proprietary Trader (PT) in WebCRD.\4\ To qualify as a Proprietary
Trader, an associated person must either pass the Series 56 Proprietary
Trader qualification examination \5\ or Series 7 General Securities
Representative qualification examination. Several exchanges, including
ISE currently use the Series 56 examination as a qualification
standard.\6\
---------------------------------------------------------------------------

    \4\ WebCRD is a secure registration and licensing system
operated by FINRA and is the central licensing and registration
system for the U.S. securities industry and its regulators. The
system contains the registration records of more than 6,500
registered broker-dealers, and the qualification, employment and
disclosure histories of more than 650,000 active registered
associated persons. In addition, Web CRD facilitates the processing
and payment of FINRA registration-related fees such as form filings,
fingerprint submissions, qualification exams and continuing
education sessions.
    \5\ The Series 56 Proprietary Trader Examination is a two hour
and thirty minute exam, consisting of 100 scored multiple-choice
questions. The Series 56 examination is administered by FINRA, but
is not recognized by FINRA as an acceptable qualification
examination for associated persons engaged in securities trading.
Under FINRA rules, associated persons of FINRA members that engage
in over-the-counter securities trading are required to pass the
Series 55 Equity Trader Exam. Nevertheless, as FINRA has recognized,
because the Series 55 and Series 56 are intended to test the core
knowledge required of associated persons engaged in trading
activities as well as self-regulatory organization (``SRO'') rules,
including trading rules that are common across all SROs, there is
significant overlap in the content of the Series 55 and Series 56
qualification examinations. See Securities Exchange Act Release No.
75394 (July 8, 2015), 80 FR 41119 (Notice of Filing of a Proposed
Rule Change to Establish the Securities Trader and Securities Trader
Principal Registration Categories) (SR-FINRA-2015-017).
    \6\ See, e.g., BATS Exchange, Inc. (``BATS'') Interpretation and
Policy .01 to Rule 2.5 (Proficiency Examinations); Miami
International Securities Exchange, LLC (``MIAX'') Rule 1302
(Registration of Representatives).
---------------------------------------------------------------------------

    .07 of Supplementary Material to Rule 313 further requires that an
associated person with supervisory responsibility over proprietary
trading activities or who is an (i) officer; (ii) partner; (iii)
director; (iv) supervisor of proprietary trading, market-making or
brokerage activities; and/or (v) supervisor of those engaged in
proprietary trading, market-making or brokerage activities with respect
to those activities is required to register and qualify as a
Proprietary Trader Principal (TP) in WebCRD and satisfy prerequisite
registration and qualification requirements, including, but not limited
to passing the Series 24 General Securities Principal

Examination or an acceptable alternative qualification examination. An
associated person who is a Chief Compliance Officer (or performs
similar functions) for a member that engages in proprietary trading,
market-making, or effecting transactions on behalf of a broker-dealer
is also required to register and qualify as a Proprietary Trader
Compliance Officer (CT) in WebCRD and satisfy the prerequisite
registration and qualification requirements, including, but not limited
to passing the Series 14 Compliance Official Examination or an
acceptable alternative qualification exam.
Codification of Examination and Registration Requirements
    The Exchange proposes to replace the Series 56 qualification
examination with the newly codified Series 57 qualification examination
for those registration categories where the Series 56 is currently an
acceptable qualification standard. Specifically, with respect to the
Proprietary Trader registration, the Exchange proposes to replace the
Proprietary Trader (PT) registration category with the newly codified
Securities Trader (TD) registration category as well as eliminate the
current Series 56 Proprietary Trader Exam prerequisite and, instead,
include a Series 57 Securities Trader qualification examination in its
place.\7\ The Proprietary Trader Principal (PT) and Proprietary Trader
Compliance Officer (CT) registration categories would be replaced with
the newly codified renamed registration categories of Securities Trader
Principal (TP) and Securities Trader Compliance Officer respectively
(CT).\8\
---------------------------------------------------------------------------

    \7\ Neither the Exchange's current Rules nor the proposal would
require that a Proprietary Trader or Securities Trader work at, or
be associated with, a ``proprietary trading firm.'' Rather, both the
current Rules and the proposal would require that an associated
person that engages in proprietary trading, market-making, or
effecting transactions on behalf of a broker-dealer qualify and
register as a Proprietary Trader (or Securities Trader) in WebCRD.
Whereas the current rule allows an associated person to qualify and
register as a Proprietary Trader by either passing the Series 56
Proprietary Trader qualification examination or Series 7 General
Securities Representative qualification examination, the proposal
would require an associated person to pass the Series 57 Securities
Trader qualification examination in order to qualify as a Securities
Trader after the effective date of the proposal.
    \8\ As is the case under the current Rules, under the proposed
rule, only individuals qualified and registered as a Proprietary
Trader Principal (TP) (Securities Trader Principal TP)) would be
permitted to supervise a Proprietary Trader (PT) (Securities Trader
(TD)).
---------------------------------------------------------------------------

    The Exchange will announce the effective date of the proposed rule
change in a Regulatory Circular. Currently, the Exchange intends for
the effective date to be January 4, 2016. Under the proposed rule,
associated persons who have passed the Proprietary Trader (Series 56)
qualification examination and who have registered as a Proprietary
Trader (PT) in WebCRD on or before the effective date of the proposed
rule change, and associated persons who have passed the General
Securities Representative (Series 7) qualification examination and who
have registered as Proprietary Traders (PT) in WebCRD on or before the
effective date of the proposed rule change, would be grandfathered as
Securities Traders (TDs) without having to take any additional
examinations and without having to take any other action, provided that
the associated person's registration has not been revoked by the
Exchange as a disciplinary sanction and no more than two years have
passed between the date that the associated person last registered as a
Proprietary Trader (PT) and the effective date. After the effective
date, an associated person would need to pass the new Series 57
Securities Trader qualification examination and register as a
Securities Trader (TD).
    In addition, associated persons who have either passed the
Proprietary Trader (PT) qualification examination or the General
Securities Representative (Series 7) qualification examination and who
have registered as Proprietary Traders (PT) in WebCRD on or before the
effective date of the proposed rule change, and who have also passed
the General Securities Principal (Series 24) qualification examination
(or have completed any of the alternative acceptable qualifications
requirements as defined in new .08 of Supplementary Material to Rule
313) and who have also registered as Proprietary Trader Principals (TP)
in WebCRD on or before the effective date of the proposed rule change,
would be eligible to register as Securities Trader Principals (TPs),
provided that the associated person's registration has not been revoked
by the Exchange as a disciplinary sanction and no more than two years
have passed between the date that the associated person last registered
as a Proprietary Trader Principal (TP) and the date they register as a
Securities Trader Principal (TP).\9\ After the effective date, a
Securities Trader Principal (TP) would need to pass the Securities
Trader (Series 57) qualification examination and the General Securities
Principal (Series 24) qualification examination (or have completed any
of the alternative acceptable qualifications as defined in new .08 of
Supplementary Material to Rule 313) and be registered as such in order
to register as a Securities Trader Principal (TP).\10\
---------------------------------------------------------------------------

    \9\ See Rule 313(e) (Requirement for Examination on Lapse of
Registration).
    \10\ As part of codifying this rule, the Exchange will include
text .08 of Supplementary Material to Rule 313 regarding the
supervisory responsibilities of the Securities Trader Principals,
which would limit Securities Trader Principals' supervisory
responsibilities to supervision of the securities trading functions
of members as described in paragraph (a)(2) of .08 of Supplementary
Material to Rule 313, and the activities of officers, partners, and
directors of members.
---------------------------------------------------------------------------

Continuing Education Requirements
    Persons registered in the new category would be subject to the
continuing education requirements of Rule 604 Continuing Education for
Registered Persons. The Exchange proposes to amend Rule 604 by removing
the option for Series 56 registered persons to participate in the S501
Series 56 Proprietary Trader continuing education program in order to
satisfy the Regulatory Element. The S501 Series 56 Proprietary Trader
continuing education program is being phased out along with the Series
56 Proprietary Trader qualification examination. As a result, effective
January 4, 2016, the S501 Series 56 Proprietary Trader continuing
education program for Series 56 registered persons will cease to exist.
In place of the S501 Series 56 Proprietary Trader continuing education
program for Series 56 registered persons, the Exchange proposes that
Series 57 registered persons be permitted to enroll in the S101 General
Program for Series 7 and all other registered persons.
Delivery of Regulatory Element
    The Exchange further proposes to provide for Web-based delivery of
the Continuing Education Regulatory Element for registered persons. As
proposed, Rule 604 would specify that the Continuing Education
Regulatory Element set forth in the rule will be administered through
Web-based delivery or such other technological manner and format as
specified by the Exchange from and after January 4, 2016. Most
registered persons currently complete the Regulatory Element in a test
center and the remainder do so in-house. Given the advances in Web-
based technology, the Exchange believes that there is diminishing
utility in the test center and in-house Continuing Education delivery
methods. The Exchange notes that the Web-based format will include
safeguards to authenticate the identity of the Continuing Education
Candidate. Moreover, according to FINRA, registered persons have raised
concerns with the current test center delivery

method because of the travel involved, the limited time currently
available to complete a Regulatory Element session, and the use of
rigorous security measures at test centers, which are appropriate for
taking qualification examinations, but onerous for a Continuing
Education program.\11\ Also, according to FINRA, the test center is
expensive to operate.\12\
---------------------------------------------------------------------------

    \11\ See supra, note 1.
    \12\ Id.
---------------------------------------------------------------------------

2. Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \13\ in general, and furthers the objectives of Section
6(b)(5) of the Act \14\ in particular, in that it is designed to
promote just and equitable principles of trade, 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.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange further believes its proposed rule change is
consistent with Section 6(c) of the Act,\15\ and in particular furthers
the objectives of Section 6(c)(3) of the Act,\16\ which authorizes the
Exchange to prescribe standards of training, experience, and competence
for associated persons. The Exchange believes that the requirements of
the Securities Trader and Securities Trader Principal registration
categories, the new Securities Trader qualification and continuing
education requirement, as well as Web-based delivery of the continuing
education requirement, should help ensure that proprietary traders and
the principals who supervise proprietary traders and proprietary
trading are, and will continue to be, properly trained and qualified to
perform their functions which should protect investors and the public
interest.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(c).
    \16\ 15 U.S.C. 78f(c)(3).
---------------------------------------------------------------------------

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 not necessary or appropriate in
furtherance of the purposes of the Act. Implementation of the proposed
changes to ISE's registration rules in coordination with the FINRA
Amendments does not present any competitive issues, but rather is
designed to provide less burdensome and more efficient regulatory
compliance for associated persons and enhance the ability of the
Exchange to fairly and efficiently regulate associated persons, which
will further enhance competition. Additionally, the proposed rule
change should not affect intramarket competition because all similarly
situated representatives and principals will be required to complete
the same qualification examinations and maintain the same
registrations. Finally, the proposed rule change does not impose any
additional examination burdens on persons who are already registered.
There is no obligation to take the proposed Series 57 examination in
order to continue in their present duties, so the proposed rule change
is not expected to disadvantage current registered persons relative to
new entrants in this regard.

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

    The Exchange has neither solicited nor received written comments on
this proposed rule change. The Exchange has not received any written
comments from members or other interested parties.

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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not become operative for 30 days from the date on which it was filed,
or such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \17\ and Rule 19b-
4(f)(6) thereunder.\18\ The Exchange provided the Commission with
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at least
five business days prior to the date of filing the proposed rule
change, or such shorter time as designated by the Commission, as
required by Rule 19b-4(f)(6).
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the thirty-day
operative delay so that the proposal may become operative as of January
4, 2016. The Commission believes that waiving the thirty day delay is
consistent with the protection of investors and the public interest, as
it will enable the Exchange to have the new requirements in effect at
the same time as the other SROs. Therefore, the Commission hereby
waives the thirty-day operative delay and designates the proposal
operative as of January 4, 2016.\19\
---------------------------------------------------------------------------

    \19\ For purposes of waiving the 30-day operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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 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 Email to<EMAIL_ADDRESS>Please include
File No. SR-ISE-2015-44 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2015-44. 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 Commissions 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. Copies of such filing

also will be available for inspection and copying at the principal
office of the ISE. 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-ISE-
2015-44 and should be submitted by February 1, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-248 Filed 1-8-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Notices]
[Page 39694]
[FR Doc No: 2012-16364]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. DI12-5-000]

National Currents Energy Services, LLC; Notice of Declaration of
Intention and Petition for Relief, and Soliciting Comments, Protests,
and/or Motions To Intervene

    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Declaration of Intention.
    b. Docket No.: DI12-5-000.
    c. Date Filed: March 29, 2012.
    d. Applicant: National Currents Energy Services, LLC.
    e. Name of Project: Wards Island Tidal Energy Project.
    f. Location: The proposed Wards Island Tidal Energy Project will be
located off the south shore of Wards Island, in the Hell Gate Waterway
near the junction of the Harlem River, East River, and Long Island
Sound in the Borough of Manhattan, New York City, NY.
    g. Filed Pursuant to: 18 CFR part 24, section 24.1.
    h. Applicant Contact: Roger Bason, President, National Currents
Energy Services, LLC, 24 Roxanne Blvd., Highland, NY 12528; telephone:
(845) 691-4008; email<EMAIL_ADDRESS>    i. FERC Contact: Any questions on this notice should be addressed
to Henry Ecton,<PHONE_NUMBER>, or Email address<EMAIL_ADDRESS>    j. Deadline for filing comments, protests, and/or motions: July 27,
2012.
    Comments, protests, and motions to intervene may be filed
electronically via the Internet. See 18 CFR 385.2001(a)(l)(iii) and the
instructions on the Commission's Web site under the ``eFiling'' link.
If unable to be filed electronically, documents may be paper-filed. To
paper-file, an original and eight copies should be mailed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426. For more information on how to submit
these types of filings, please go to the Commission's Web site located
at http://www.ferc.gov/filing-comments.asp. Please include the docket
number (DI12-5-000) on any comments, protests, and/or motions filed.
    k. Description of Project: The proposed Wards Island Tidal Energy
Project would consist of: (1) A 15-meter-long, 1.6-meter-diameter
vessel mounted 150-kW Natural Currents Sea Dragon Tidal Turbine; (2) a
vessel-based deployment Principal Project Works or Structural Support
system; (3) six 40-foot-long steel support pilings; (4) a 50-meter-long
subsea transmission line connecting to an electrical cabinet owned by
the City of New York; and (5) appurtenant facilities.
    l. Petition for Declaration of Intention: National Currents Energy
Services, LLC asks that it be allowed, for a limited time, to deploy,
test, and demonstrate the durability of the technology without
obtaining a license under part I of the Federal Power Act. The project
purpose is for scientific research, public education, and training. The
experimental hydrokinetic turbine generator will be tested to determine
its durability. The power produced by the project will be used for off-
grid demonstration of innovative uses.
    m. Locations of the Application: Copies of this filing are on file
with the Commission and are available for public inspection. This
filing may be viewed on the Web at 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. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    n. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    o. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    p. Filing and Service of Responsive Documents--All filings must
bear in all capital letters the title ``COMMENTS'', ``PROTESTS'', AND/
OR ``MOTIONS TO INTERVENE'', as applicable, and the Docket Number of
the particular application to which the filing refers. A copy of any
Motion to Intervene must also be served upon each representative of the
Applicant specified in the particular application.
    q. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

    Dated: June 27, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-16364 Filed 7-3-12; 8:45 am]
BILLING CODE 6717-01-P


Page 1 of 4 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES January 31, 2006 MEMORANDUM SUBJECT: Drinking Water Assessment for the Use of the Fungicide of 2( Thiocyanomethylthio) benzothiazole ( TCMTB) as a Seed Treatment on Cotton, Wheat, Barley, Oats, Rice, Sugar Beets, and Safflower PC Code: 035603 DP Barcode: 324010 FROM: James Lin, Environmental Engineer Environmental Risk Branch 1 Environmental Fate and Effects Division ( 7507C)

TO: Kathryn Jakob, Chemical Review Manager Regulatory Management Branch II Antimicrobials Division ( 7510C)

Deborah Smegal, Risk Assessor Reregistration Branch Health Effects Division ( 7509C)

THRU: Nader Elkassabany, Acting Branch Chief Environmental Risk Branch 1 Environmental Fate and Effects Division ( 7507C)

The estimated drinking water concentrations of TCMTB parent compound have been provided in an earlier memo ( DP 324012). To abide by the recommendations of Risk Assessment Review Committee ( RARC), EFED provides the drinking water concentration estimates of sum of TCMTB and its degradates in this drinking water memo. Page 2 of 4 Label Information The following labels have been provided to EFED as the basis for this drinking water assessment.

COTGARD ® and ORYZETMcontain three active ingredients, Carboxin ( 14.35%), TCMTB ( 5.00%) and Metalaxyl ( 2.40%). The targeted uses are for cottonseed and rice seed.

NU FLOW ND contains Chloroneb ( 23.5%) and TCMTB ( 9.0%). The only use is for cottonseed treatment.

NUSAN ® 30 E. C. contains TCMTB ( 30%). The label seed treatment uses include: cotton, wheat, barley, oats, rice, sugar beets, and safflower.

ARGENTTM 30 contains TCMTB ( 30%). The only use is for cottonseed treatment.

The first two labels were not addressed, since TCMTB is a minor active ingredient. For this aquatic exposure assessment, the last two labels will be based, since TCMTB is the sole active ingredient. According to the two labels, the application rates for various seed treatments are tabulated below.

Crop Application Rate ( fl oz/ 100 lbs) Max. Seeding Rate ( lbs/ ac) Rate ( lbs ai/ ac)

Cotton 5 18 0.018 Safflower 2 100 0.041 Sugar beets 2 8 0.003 Rice 1.25 150 0.039 Wheat 1.25 150 0.039 Oats 1.25 128 0.033 Barley 1.25 100 0.026 The maximum seeding rate information is based on EFED's T REX model, except for rice use and wheat use, which are according to HED SOPs. The application rate ranges from 0.003 lb ai/ ac to 0.041 lb ai/ ac.

Modeling Approach For this aquatic exposure assessment, the highest rate of 0.041 lb ai/ ac is used for the screening purpose. We used the FIRST ( version 1.0; Aug. 1, 2001) screening model to assess estimated concentrations of the sum of TCMTB and its degradates in surface water. The model and its description are available at the EPA internet site: Page 3 of 4 http:// www. epa. gov/ oppefed1/ models/ water/ .

Conclusions: For surface drinking water, results from FIRST indicate that the peak ( acute) concentration of TCMTB and its degradates is not likely to exceed 0.94 : g/ L ( ppb), and that the average annual ( chronic) concentration is not likely to exceed 0.67 : g/ L. Full model inputs and outputs are in Appendix 1.

Since our models are not specifically designed to estimate concentrations for pesticides used for seed treatment, there are uncertainties in their predictive potential. However, these uncertainties are not expected to substantially decrease the conservativeness of the Tier 1 modeling results.

Uncertainties in the Modeling Several factors suggests low environmental exposure from seed treatment, including ( 1) seed treatment pesticides are applied at low rates; ( 2) adjuvants are used to encourage pesticide binding to the seed coat; ( 3) physicochemical properties of seed treatment pesticides generally exhibit low mobility to retain the pesticide near the seed coat and root zone; ( 4) seeds are normally incorporated, which is expected to limit environmental exposure; and ( 5) seed treatments may have indoor use patterns ( e. g., seed storage). In addition to these factors, the main uncertainty in our assessment for the use of TCMTB as a seed treatment is that we have not accounted for the potential for sorption to, or reaction on, the seed coat. Because of model limitations and because we have no data to the contrary, we assumed that TCMTB does not sorb to the seed coat, but only to the soil. In effect, this assumption provides conservative runoff and leaching scenarios.

Input Parameter Selection The RARC has recommended to include TCMTB and 2 MBT for drinking water estimations. Since the available environmental fate information of TCMTB can not be used to scientifically establish the formation and degradation of 2 MBT. EFED has made the most conservative assumptions to estimate the concentrations of TCMTB and all potential degradates. EFED has assumed that there are no potential degradation and transformation reactions and no partitioning between the liquid phase and the solid phase. Only input parameters uses are the application rate ( 0.041 lb ai/ ac) and the water solubility ( 45 ppm). Page 4 of 4 APPENDIX 1 FIRST Model Input and Output Tables FIRST VERSION 1.0; Aug. 1, 2001 RUN No. 1 FOR TCMTB ON Safflower * INPUT VALUES *  RATE (#/ AC) No. APPS & SOIL SOLUBIL APPL TYPE % CROPPED INCORP ONE( MULT) INTERVAL Koc ( PPM ) (% DRIFT) AREA ( IN)  .041( .041) 1 1 .0 45.0 GRANUL( .0) 87.0 4.0 FIELD AND RESERVOIR HALFLIFE VALUES ( DAYS)  METABOLIC DAYS UNTIL HYDROLYSIS PHOTOLYSIS METABOLIC COMBINED ( FIELD) RAIN/ RUNOFF ( RESERVOIR) ( RES. EFF) ( RESER.) ( RESER.)  .00 2 N/ A .00 .00 .00 .00 UNTREATED WATER CONC ( NANOGRAMS/ LITER ( PPTr)) Ver 1.0 AUG 1, 2001  PEAK DAY ( ACUTE) ANNUAL AVERAGE ( CHRONIC) CONCENTRATION CONCENTRATION  935.605 670.929


[Federal Register Volume 83, Number 89 (Tuesday, May 8, 2018)]
[Notices]
[Page 20799]
[FR Doc No: 2018-09716]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ18-13-000]

Oncor Electric Delivery Company LLC; Notice of Filing

    Take notice that on April 25, 2018, Oncor Electric Delivery Company
LLC submitted its tariff filing: Oncor Tex-La Tariff Rate Changes to be
effective 3/27/2018.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
eLibrary link and is available for review in the Commission's Public
Reference Room in Washington, DC. There is an eSubscription link on the
website that enables subscribers to receive email notification when a
document is added to a subscribed docket(s). For assistance with any
FERC Online service, please email [email protected], or call
(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on May 16, 2018.

    Dated: May 2, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-09716 Filed 5-7-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 148 (Wednesday, August 3, 2022)]
[Notices]
[Page 47481]
[FR Doc No: 2022-16554]

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

SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-108, OMB Control No. 3235-0120]

Proposed Collection; Comment Request: Extension: Form 18-K

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Form 18-K (17 CFR 249.318) is an annual report form used by foreign
governments or political subdivisions of foreign governments that have
securities listed on a United States exchange. The information to be
collected is intended to ensure the adequacy and public availability of
information available to investors. We estimate that Form 18-K takes
approximately 8 hours to prepare and is filed by approximately 38
respondents for a total annual reporting burden of 304 hours (8 hours
per response x 38 responses).
    Written comments are invited on: (a) whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication by October 3, 2022.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Please direct your written comment to David Bottom, Director/Chief
Information Officer, Securities and Exchange Commission, c/o John
Pezzullo, 100 F Street NE, Washington, DC 20549 or send an email to:
[email protected].

    Dated: July 28, 2022.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-16554 Filed 8-2-22; 8:45 am]
BILLING CODE 8011-01-P


                      IN THE UNITED STATES DISTRICT COURT
                        NORTHERN DISTRICT OF CALIFORNIA
                            SAN FRANCISCO DIVISION

CENTER FOR BIOLOGICAL DIVERSITY, et al.,
		Plaintiffs,
	v.
LISA P. JACKSON, in her official capacity as Administrator, United States Environmental Protection Agency,
                                  Defendant.

   No. C-12-04968 JWT

   CONSENT DECREE

      WHEREAS, on September 24, 2012, Plaintiffs Center for Biological Diversity and Center for Environmental Health filed a complaint ("Complaint") in this matter against Defendant Lisa P. Jackson, in her official capacity as Administrator of the United States Environmental Protection Agency ("EPA"), alleging that EPA failed to undertake certain nondiscretionary duties under the Clean Air Act ("CAA"), 42 U.S.C. §§ 7401-7671q, and that such alleged failure is actionable under section 304(a)(2) of the CAA, 42 U.S.C. § 7604(a)(2);
	WHEREAS, Plaintiffs alleged that EPA has failed to perform a duty mandated by CAA section 110(k)(1)(B), 42 U.S.C. 7410(k)(1)(B), to make a finding of failure to submit infrastructure state implementation plans (SIPs) for Colorado, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, Oklahoma, Oregon, Pennsylvania, South Dakota, Vermont, and Washington with regard to the 2008 lead National Ambient Air Quality Standard (2008 lead NAAQS);
	WHEREAS, on February 15, 2013, EPA signed a notice making certain findings that Hawaii, Illinois, Massachusetts, New Jersey, Oregon, Vermont and Washington had failed to submit complete infrastructure SIPs for the 2008 lead NAAQS, and noted that as of February 14, 2013, Colorado, Maryland, Oklahoma, Pennsylvania, and South Dakota had submitted complete infrastructure SIPs for the 2008 lead NAAQS, see 78 Fed. Reg. 12961;
 	WHEREAS, Plaintiffs alleged that EPA failed to perform a duty mandated by CAA section 110(k)(2) and (3), 42 U.S.C. 7410(k)(2) and (3), to take final action on the infrastructure state implementation plan submitted by Tennessee with regard to the 2008 Lead NAAQs;
	WHEREAS, Plaintiffs alleged that EPA failed to perform a duty mandated by CAA section 179(c)(1) and (2), 42 U.S.C. 7509(c)(1) and (2), to determine whether the Herculaneum nonattainment area, in Jefferson County, Missouri attained the 1978 lead National Ambient Air Quality Standard (1978 lead NAAQS) by its attainment date;
	WHEREAS, the parties have agreed to settle this action without admission of any issue of fact or law;
	WHEREAS, the parties, by entering into this Consent Decree, do not waive or limit any claim or defense, on any grounds, related to any final EPA action;
	WHEREAS, the parties consider this Consent Decree to be an adequate and equitable resolution of all of claims in this matter;
	WHEREAS, it is in the interest of the public, the parties, and judicial economy to resolve this matter without protracted litigation;
	NOW THEREFORE, before the taking of testimony, without trial or determination of any issue of fact or law, and upon the consent of the parties, it is hereby ordered, adjudged and decreed that:
	1. 	This Court has jurisdiction over this matter pursuant to the citizen suit provision in section 304(a)(2) of the CAA, 42 U.S.C. § 7604(a)(2), and venue lies in the Northern District of California.
	2.	The Court, by entering this Consent Decree, finds that the Consent Decree is fair, reasonable, in the public interest, and consistent with the CAA.
	3.	Pursuant to section 110(k) of the CAA, 42 U.S.C. § 7410(k), EPA shall no later than  August 15, 2013, sign for publication in the Federal Register a notice of EPA's action approving, disapproving, or approving in part and disapproving in part the infrastructure SIP for the 2008 lead NAAQS submitted to EPA by Tennessee.
	4.	Pursuant to section 179(c) of the CAA, 42 U.S.C. § 7509(c), EPA shall no later than August 15, 2013, sign for publication in the Federal Register a notice of EPA's determination whether the Herculaneum nonattainment area, in Jefferson County, Missouri attained the 1978 lead NAAQS by its applicable attainment date.  Notwithstanding the foregoing, EPA shall be relieved of the obligation to sign for publication in the Federal Register a determination whether the Herculaneum nonattainment area attained the 1978 lead NAAQS if either of the following events occurs on or before August 15, 2013: (1)  EPA issues a determination that it has received from Missouri a nonattainment area SIP for the 2008 lead NAAQS for the Herculaneum nonattainment area that is in compliance with 40 C.F.R. § 51.103(a); or (2) EPA signs for publication in the Federal Register a notice finding that Missouri has failed to submit a complete nonattainment area SIP for the 2008 Pb NAAQS for the Herculaneum nonattainment area.
      5.	After taking an action required in Paragraphs 3-4, EPA shall promptly deliver notice of such action to the Office of the Federal Register for review and publication.
      6.	The parties may extend the deadlines set forth in Paragraphs 3-4 by written stipulation executed by counsel and filed with the Court.  If the parties do not agree to an extension, either party may move the Court for an extension.
      7.	Plaintiffs may seek to recover its costs of litigation (including attorneys' fees) ("litigation costs") from the Court pursuant to 42 U.S.C. § 7604(d).  The deadline for the filing of any motion for litigation costs for activities performed prior to the lodging of this decree with the Court is hereby extended for a period of 60 days.  During this time the Parties shall seek to resolve informally any claim for litigation costs, and if they cannot reach a resolution, Plaintiffs may seek such litigation costs from the Court.  The Court shall retain jurisdiction to resolve any request for litigation costs.
      8.	The parties will file a joint request to the Court to dismiss this matter with prejudice within 15 business days after notice appears in the Federal Register of EPA taking the last rulemaking action required under Paragraphs 3-4 of this Consent Decree and the final resolution of Plaintiffs' claim for litigation costs.
	9.	Nothing in this Consent Decree shall be construed to limit or modify the discretion accorded EPA by the CAA and by general principles of administrative law, including the discretion to alter, amend or revise any responses and/or actions contemplated by this Consent Decree.  EPA's obligation to take the actions set forth in Paragraphs 3-4 by the time specified therein does not constitute a limitation or modification of EPA's discretion within the meaning of this paragraph.
	10.	Nothing in this Consent Decree shall be construed to confer upon the district court jurisdiction to review any issues that are within the exclusive jurisdiction of the United States Courts of Appeals pursuant to sections 307(b)(1) of the CAA, 42 U.S.C. §§ 7607(b)(1).
	11. 	The Court shall retain jurisdiction to enforce the terms of this Consent Decree.
	12.  	In the event of a dispute between the parties concerning the interpretation or implementation of any aspect of this Consent Decree, the party that raised the dispute shall provide the other party with a written notice, including written notice sent via email, outlining the nature of the dispute and requesting informal negotiations.  If the parties cannot reach an agreed-upon resolution within ten (10) business days after receipt of notice, the party that raised the dispute may move the Court to resolve the dispute.
	13. 	No motion or other proceeding seeking to enforce this Consent Decree shall be considered properly filed unless the moving party has followed the procedure set forth in Paragraph 12 and has provided the non-moving party with written notice received at least ten (10) business days before the filing of such motion or proceeding.
	14.	The obligations imposed on EPA under this Consent Decree may only be undertaken using appropriated funds.  No provisions of this Consent Decree shall be interpreted as or constitute a commitment or requirement that EPA obligate or pay funds in contravention of the Anti-Deficiency Act, 31 U.S.C. § 1341, or any other applicable federal law.
	15. 	Plaintiffs and EPA shall not challenge the terms of this Consent Decree or this Court's jurisdiction to enter this Consent Decree.
	16. 	The parties agree and acknowledge that before this Consent Decree is entered by the Court, EPA must provide notice of this Consent Decree in the Federal Register and an opportunity for public comment pursuant to section 113(g) of the CAA, 42 U.S.C. § 7413(g).  After this Consent Decree has undergone notice and comment, the Administrator and/or the Attorney General, as appropriate, shall promptly consider any such written comments in determining whether to withdraw or withhold their consent to the Consent Decree, in accordance with section 113(g) of the CAA.  If the Administrator and the Attorney General do not elect to withdraw or withhold their consent, EPA shall promptly file a motion that requests the Court to enter this Consent Decree.
	17.	 Any notices required or provided for by this Consent Decree shall be made in writing, via facsimile, e-mail or other means, and sent to the following:
      For Plaintiffs:
			Robert Ukeiley
			Law Office of Robert Ukeiley
			507 Center Street
			Berea, KY 40403
			Tel:<PHONE_NUMBER>
			Fax:<PHONE_NUMBER>
<EMAIL_ADDRESS>

	For Defendant:
                  C. Scott Spear
                  Trial Attorney
                  U.S. Department of Justice
                   Environment and Natural Resources Division
                  Environmental Defense Section
                  P.O. Box 7611
                  Washington, D.C. 20044-7611
                  Tel:<PHONE_NUMBER>
                  Fax:<PHONE_NUMBER>
                  Email<EMAIL_ADDRESS>
                  David Orlin
                  Office of the General Counsel
                  U.S. Environmental Protection Agency
                  Ariel Rios Bldg. MC 2344A
                  1200 Pennsylvania Ave., NW
                  Washington, D.C. 20460
                  Phone:<PHONE_NUMBER>
                  Fax:<PHONE_NUMBER>
                  Email<EMAIL_ADDRESS>
	18.	The undersigned representatives of each party certify that they are fully authorized by the party that they represent to bind that party to the terms of this Consent Decree.
IT IS SO ORDERED.

Dated:  ________________		_____________________________________
					UNITED STATES DISTRICT JUDGE

__________________________
Robert Ukeiley (Admitted Pro Hac Vice)
Law Office of Robert Ukeiley
507 Center Street
Berea, KY 40403
Tel:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
<EMAIL_ADDRESS>
Counsel for Plaintiffs

Dated:

IGNACIA S. MORENO
Assistant Attorney General
Environment & Natural Resources Division

_____________________________________
C. Scott Spear
Trial Attorney
U.S. Department of Justice
Environmental Defense Section
P.O. Box 7611
Washington, D.C. 20044-7611
Tel:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
<EMAIL_ADDRESS>
Counsel for Defendant

Dated: _______


[Federal Register: October 8, 2009 (Volume 74, Number 194)]
[Notices]
[Page 51843-51845]
[DOCID:fr08oc09-47]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

October 1, 2009.

    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC09-105-000.
    Applicants: MxEnergy Electric Inc.
    Description: Notice of MxEnergy Electric Inc.
    Filed Date: 09/30/2009.
    Accression Number: 20090930-5123.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 21, 2009.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER96-719-026; ER97-2801-027; ER99-2156-019.
    Applicants: MidAmerican Energy Company; PacifiCorp; Cordova Energy
Company LLC.
    Description: MidAmerican Energy Co and Cordova Energy Co, LLC et
al. submit Notice of Change in Status re certain jurisdictional
transmission facilities.
    Filed Date: 09/30/2009.
    Accression Number: 20090930-0097.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 21, 2009.

    Docket Numbers: ER99-1522-005; ER07-557-002; ER07-556-002; ER07-
555-002; ER07-554-002; ER07-553-002; ER06-796-003; ER04-359-003; ER02-
723-004.
    Applicants: Bangor Hydro-Electric Company, Emera Energy Services
Subsidiary No. 1 L, Emera Energy Services Subsidiary No. 2 L, Emera
Energy Services Subsidiary No. 3 L, Emera Energy Services Subsidiary
No. 4 L, Emera Energy Services Subsidiary No. 5 L, Emera Energy U.S.
Subsidiary No. 1, Inc, Emera Energy U.S. Subsidiary No. 2, Inc., Emera
Energy Services, Inc.
    Description: Change in Status Filing of Bangor Hydro-Electric
Company, et al.
    Filed Date: 09/29/2009.
    Accression Number: 20090929-5094.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 20, 2009.

    Docket Numbers: ER08-100-010; ER07-1215-009; ER07-265-011;
    Applicants: Sempra Energy Solutions LLC, Sempra Energy Trading LLC,
The Royal Bank of Scotland plc.
    Description: Notice of Non-Material Change in Status of Sempra
Energy Trading LLC, et al.
    Filed Date: 09/30/2009.

    Accression Number: 20090930-5095.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 21, 2009.

    Docket Numbers: ER08-1227-000.
    Applicants: Rail Splitter Wind Farm, LLC.
    Description: Notice of Non-Material Change in Status of Rail
Splitter Wind Farm, LLC.
    Filed Date: 09/30/2009.
    Accression Number: 20090930-5041.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 21, 2009.

    Docket Numbers: ER09-1503-001.
    Applicants: Niagara Mohawk Power Corporation.
    Description: Refund Report of Niagara Mohawk Power Corporation d/b/
a National Grid.
    Filed Date: 09/30/2009.
    Accression Number: 20090930-5122.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 21, 2009.

    Docket Numbers: ER09-1607-001.
    Applicants: Barton Windpower II LLC.
    Description: Barton Windpower II, LLC submits Substitute Original
Sheet 1 et al. to FERC Electric Tariff, First Revised Volume 1.
    Filed Date: 09/23/2009.
    Accression Number: 20090924-0038.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 14, 2009.

    Docket Numbers: ER09-1682-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc.'s Corrected
Pages for Confidential Attachment E.
    Filed Date: 09/30/2009.
    Accression Number: 20090930-5048.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 21, 2009.

    Docket Numbers: ER09-1710-001.
    Applicants: KEB Trading LLC.
    Description: KEB Trading, LLC submits proposed FERC Electric
Tariff, with revised Attachment 1 Cover Page, Original Sheet 1 and 2
etc.
    Filed Date: 09/30/2009.
    Accression Number: 20090930-0098.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 21, 2009.

    Docket Numbers: ER09-1725-000.
    Applicants: Cross Border Energy, LLC.
    Description: Cross Border Energy, LLC submits Petition for
Acceptance of Initial Tariff, Waivers and Blanket Authority.
    Filed Date: 09/29/2009.
    Accression Number: 20090929-0103.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 20, 2009.

    Docket Numbers: ER09-1747-000.
    Applicants: Fox Islands Electric Cooperative Inc.
    Description: Fox Islands Electric Cooperative, Inc. submits
Petition for Order Accepting Market-Based Rate Tariff for Filing
Granting Waivers and Blanket Approvals & Rate Schedule FERC 1.
    Filed Date: 09/29/2009.
    Accression Number: 20090929-0104.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 20, 2009.

    Docket Numbers: ER09-1749-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits Large Generator Interconnection
Agreement Facilities Maintenance Agreement.
    Filed Date: 09/28/2009.
    Accression Number: 20090928-0102.
    Comment Date: 5 p.m. Eastern Time on Monday, October 19, 2009.

    Docket Numbers: ER09-1762-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy, Inc. submits its Full Requirements
Electric Service Rate Schedule and Electric Service Agreement.
    Filed Date: 09/28/2009.
    Accression Number: 20090928-0104.
    Comment Date: 5 p.m. Eastern Time on Monday, October 19, 2009.

    Docket Numbers: ER09-1764-000.
    Applicants: New England Power Company.
    Description: New England Power Co et al. submits a First Amended
and Restated Transmission Support Agreement with Seabrook Transmission
Substation, namely Florida Power & Light Co. et al.
    Filed Date: 09/29/2009.
    Accression Number: 20090930-0088.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 20, 2009.

    Docket Numbers: ER09-1765-000.
    Applicants: MidAmerican Energy Company.
    Description: MidAmerican Energy Company et al. submits revisions to
Attachment O of the Midwest ISO Tariff.
    Filed Date: 09/29/2009.
    Accression Number: 20090930-0087.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 20, 2009.

    Docket Numbers: ER09-1766-000.
    Applicants: ISO New England Inc. & New England Power.
    Description: ISO New England, Inc. et al. submits revisions to the
Forward Reserve Market Rules relating to the implementation of the
Forward Capacity Market.
    Filed Date: 09/29/2009.
    Accression Number: 20090930-0089.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 20, 2009.

    Docket Numbers: ER09-1767-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, LLC submits executed
interconnection service agreement entered into among PJM, Meadow Lake
Wind Farm, LLC and Indiana Michigan Power Company.
    Filed Date: 09/30/2009.
    Accression Number: 20090930-0090.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 21, 2009.

    Docket Numbers: ER09-1768-000.
    Applicants: Central Hudson Gas & Electric Corp.
    Description: Central Hudson Gas & Electric Corporation submits
First Revised Sheet No 4 et al. to FERC Rate Schedule No 206.
    Filed Date: 09/30/2009.
    Accression Number: 20090930-0091.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 21, 2009.

    Docket Numbers: ER09-1769-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits notice of cancellation of the amended CRSG agreement.
    Filed Date: 09/30/2009.
    Accression Number: 20090930-0092.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 21, 2009.

    Docket Numbers: ER09-1770-000.
    Applicants: New England Power Pool.
    Description: New England Power Pool Participants Committee submits
counterpart signature pages of the New England Power Agreement.
    Filed Date: 09/30/2009.
    Accression Number: 20090930-0093.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 21, 2009.

    Docket Numbers: ER09-1771-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy, Inc. submits notice of cancellation of
a supplemental generation between Westar and the City of Burlingame.
    Filed Date: 09/30/2009.
    Accression Number: 20090930-0094.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 21, 2009.

    Docket Numbers: ER09-1772-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy, Inc. submits Notice of Cancellation of
a Supplemental Generation Agreement with City of Herington, Kansas.
    Filed Date: 09/30/2009.
    Accression Number: 20090930-0095.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 21, 2009.

    Docket Numbers: ER09-1774-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy, Inc. submits Notice of Cancellation of
a Supplemental Generation Agreement with Osage City, Kansas.

    Filed Date: 09/30/2009.
    Accression Number: 20090930-0096.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 21, 2009.

    Docket Numbers: ER09-1775-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, LLC submits revised tariff sheets
of the PJM Open Access Transmission Tariff etc.
    Filed Date: 09/30/2009.
    Accression Number: 20090930-0099.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 21, 2009.

    Docket Numbers: ER09-1776-000.
    Applicants: Allegheny Power.
    Description: Allegheny Power submits First Revised Sheet 313A to
the Open Access Transmission Tariff of PJM Interconnection, LLC, FERC
Electric Tariff, Sixth revised Volume 1.
    Filed Date: 09/30/2009.
    Accression Number: 20090930-0100.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 21, 2009.

    Docket Numbers: ER09-1777-000.
    Applicants: Delmarva Power & Light Company.
    Description: Delmarva Power & Light Co. submits an executed
Interconnection and Mutual Operating Agreement with City of Seaford,
Delaware.
    Filed Date: 09/30/2009.
    Accression Number: 20090930-0101.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 21, 2009.

    Take notice that the Commission received the following electric
securities filings:
    Docket Numbers: ES09-58-000.
    Applicants: Northeast Utilities Service Co.
    Description: Application to Issue Short-Term Debt of Northeast
Utilities Service Co. on Behalf of CL&P and WMECO.
    Filed Date: 09/30/2009.
    Accression Number: 20090930-5043.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 21, 2009.

    Docket Numbers: ES09-59-000.
    Applicants: National Grid USA.
    Description: Application under Federal Power Act Section 204 of
National Grid USA.
    Filed Date: 09/30/2009.
    Accression Number: 20090930-5128.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 21, 2009.

    Docket Numbers: ES09-60-000.
    Applicants: PPL Electric Utilities Corporation.
    Description: PPL Electric Utilities Corporation submits an
application for approval to issue promissory notes and other evidences
of secured and unsecured short-term indebtedness through 12/31/11 etc.
    Filed Date: 09/29/2009.
    Accression Number: 20091001-0053.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 20, 2009.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-24270 Filed 10-7-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: June 4, 2007 (Volume 72, Number 106)]
[Notices]
[Page 30895-30898]
[DOCID:fr04jn07-108]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55819; File No. SR-NASD-2007-033]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change and Amendment No. 1 Thereto Relating to Extension of NASD's
Authority Under the Cease and Desist Pilot Program

May 25, 2007.
    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 May 11, 2007, the National Association of Securities Dealers, Inc.
(``NASD'') 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 substantially prepared by NASD.
NASD has filed the proposal as a ``non-controversial'' rule change
pursuant to Section 19(b)(3)(A) of the

Act \3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the proposal
effective upon filing with the Commission. On May 24, 2007, NASD filed
Amendment No. 1 to the proposed rule change. The Commission is
publishing this notice to solicit comments on the proposed rule change,
as amended, 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).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    NASD is proposing to amend NASD Rules 9556, 9800, 9810, and 9860,
to extend for an additional two-year period, to June 23, 2009, NASD's
authority under the cease and desist pilot program. At this time, NASD
is not proposing any substantive changes to the rules covered by the
pilot program. The only changes regard extending the pilot's expiration
date to June 23, 2009, and technical changes to the titles of the NASD
executives who can authorize the initiation of cease and desist
proceedings and certain cross-references in rules covered by the pilot
program.
    Below is the text of the proposed rule change. Proposed new
language is in italics; proposed deletions are in [brackets].
* * * * *
9556. Failure to Comply with Temporary and Permanent Cease and Desist
Orders
    (Rule 9556, and amendments adopted by SR-NASD-98-80 to Rule 8310,
IM-8310-3(c)(1) (formerly IM-8310-2(d)(1), renumbered by SR-NASD-2003-
168), 9120(x), 9241(c), 9290, 9311(b), 9312(b), 9360 and the Rule 9800
Series, shall expire on June 23, [2007]2009, unless extended or
permanently adopted by the Association pursuant to SEC approval at or
before such date.)
    (a) Notice of Suspension, Cancellation or Bar
    If a member, person associated with a member or person subject to
NASD's jurisdiction fails to comply with a temporary or permanent cease
and desist order issued under the Rule 9200, 9300 or 9800 Series, NASD
staff--after receiving written authorization from NASD's Chairman and
CEO or NASD's Senior Executive Vice President for Regulatory Policy and
Programs [the President of NASD Regulatory Policy and Oversight or the
Executive Vice President for NASD Regulatory Policy and Programs]--may
issue a notice to such member or person stating that the failure to
comply with the temporary or permanent cease and desist order within
seven days of service of the notice will result in a suspension or
cancellation of membership or a suspension or bar from associating with
any member.
    (b) through (h) No Change.
* * * * *
9800. Temporary Cease and Desist Orders
    (The entire Rule 9800 Series, and related amendments adopted by SR-
NASD-98-80 to Rule 8310, IM-8310-3(c)(1) (formerly IM-8310-2(d)(1),
renumbered by SR-NASD-2003-168), 9120(x), 9241(c), 9290, 9311(b),
9312(b), and 9360, and by SR-NASD-2003-110 to Rule 9556, shall expire
on June 23, [2007]2009, unless extended or permanently adopted by the
Association pursuant to SEC approval at or before such date.)
9810. Initiation of Proceeding
    (a) Department of Enforcement or Department of Market Regulation
    With the prior written authorization of NASD's Chairman and CEO or
NASD's Senior Executive Vice President for Regulatory Policy and
Programs [the President of NASD Regulatory Policy and Oversight or the
Executive Vice President for NASD Regulatory Policy and Programs], the
Department of Enforcement or the Department of Market Regulation may
initiate a temporary cease and desist proceeding with respect to
alleged violations of Section 10(b) of the Securities Exchange Act of
1934 and SEC Rule 10b-5 thereunder; SEC Rules 15g-1 through 15g-9; NASD
Rule 2110 (if the alleged violation is unauthorized trading, or misuse
or conversion of customer assets, or based on violations of Section
17(a) of the Securities Act of 1933); NASD Rule 2120; or NASD Rule 2330
(if the alleged violation is misuse or conversion of customer assets).
The Department of Enforcement or the Department of Market Regulation
shall initiate the proceeding by serving a notice on a member or
associated person (hereinafter ``Respondent'') and filing a copy
thereof with the Office of Hearing Officers. The Department of
Enforcement or the Department of Market Regulation shall serve the
notice by personal service, overnight commercial courier, or facsimile.
If service is made by facsimile, the Department of Enforcement or the
Department of Market Regulation shall send an additional copy of the
notice by overnight commercial courier. The notice shall be effective
upon service.
    (b) through (c) No Change.
* * * * *
9860. Violation of Temporary Cease and Desist Orders
    A Respondent who violates a temporary cease and desist order
imposed under this Rule Series may have its association or membership
suspended or canceled under Rule 9556. NASD's Chairman and CEO or
NASD's Senior Executive Vice President for Regulatory Policy and
Programs [The President of NASD Regulatory Policy and Oversight or the
Executive Vice President for NASD Regulatory Policy and Programs] must
authorize the initiation of any such proceeding in writing.
* * * * *

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

    In its filing with the Commission, NASD 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. NASD 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
    In May 2003, the Commission approved, on a two-year pilot basis, a
rule change that gave NASD authority to issue temporary cease and
desist orders (``TCDOs'') and made explicit NASD's ability to impose
permanent cease and desist orders as a remedy in disciplinary cases.\5\
The pilot program also gave NASD authority to enforce cease and desist
orders. In June 2005, NASD extended the pilot program for an additional
two-year period.\6\ The current two-year pilot expires on June 23,
2007. NASD is proposing a rule change to extend the pilot program for
an additional two-year period, to June 23, 2009. Such an extension will
enable NASD to continue to issue and enforce temporary and permanent
cease and desist orders. NASD's authority to issue TCDOs will expire
after the additional two-year period unless the pilot program is
further extended or adopted

on a permanent basis with Commission approval.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 47925 (May 23,
2003), 68 FR 33548 (June 4, 2003) (SR-NASD-98-80).
    \6\ See Securities Exchange Act Release No. 51860 (June 16,
2005), 70 FR 36427 (June 23, 2005) (SR-NASD-2005-061).
---------------------------------------------------------------------------

    NASD currently is seeking only to extend the pilot program period
and make technical changes to the titles of the NASD executives who can
authorize the initiation of cease and desist proceedings and certain
cross-references in rules covered by the pilot program. NASD is not
proposing any substantive changes to the rules covered by the pilot
program at this time. Since the pilot program was first approved in
2003, NASD has issued only one TCDO and one permanent cease and desist
order (in the same case, which is described below). Consequently, NASD
believes that additional time is needed to make a meaningful
determination about whether the program should continue and whether
certain specific provisions should be modified and, if so, to what
extent.
    In the one case initiated under the pilot program, NASD's
Department of Enforcement (``Enforcement'') alleged that the member in
question was engaged in widespread fraud that included, among other
things, making material misrepresentations and omissions in connection
with the private offering of its own stock, effecting unauthorized
transactions, and using customer funds improperly.\7\ Enforcement
showed that not only was the member attempting to continue the
fraudulent offering, it also was funneling money and assets to a non-
NASD member affiliate. Enforcement alleged, and a hearing panel found,
that a TCDO was necessary, because the member's continuation of the
misconduct was likely to result in further dissipation or conversion of
assets and other significant harm to investors before the completion of
the underlying disciplinary proceeding. After the hearing panel issued
a permanent cease and desist order following a full disciplinary
hearing, the parties settled the case, resulting in the expulsion of
the member, the bar of its owner, and the imposition of almost $12
million in fines and restitution.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 51270 (February 28,
2005) (summarizing NASD's cease and desist proceedings against
former NASD member L.H. Ross & Company).
---------------------------------------------------------------------------

    The proposed extension of the pilot program for an additional two
years will provide NASD with a mechanism to continue to take
appropriate remedial action against a member or an associated person
who has engaged (or is engaging) in violative conduct that could cause
continuing harm to the investing public if not addressed expeditiously.
At the same time, the pilot program continues to contain numerous
procedural checks and safeguards to ensure that cease and desist
proceedings are used prudently, sparingly, and fairly. In addition, the
extension of the pilot program will allow NASD to analyze more
thoroughly the pilot program's overall effectiveness. Accordingly, NASD
believes it is appropriate to extend the pilot period regarding cease
and desist orders for two years.
    The proposed rule change will become effective upon filing, will be
operative on June 23, 2007, and will expire on June 23, 2009, unless
extended or permanently adopted by NASD pursuant to Commission approval
at or before such date.
2. Statutory Basis
    NASD believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\8\ which requires, among
other things, that NASD's rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. The proposed rule change also is consistent with the
provisions of Section 15A(b)(7) of the Act,\9\ which provides that NASD
members, or persons associated with its members, are appropriately
disciplined for violations of any provisions of the Act or NASD's
rules. The extension of the pilot program is consistent with NASD's
obligations under the Act, because cease and desist orders are designed
to stop violative conduct that is likely to cause dissipation or
conversion of assets or other significant harm to investors.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78o-3(b)(6).
    \9\ 15 U.S.C. 78o-3(b)(7).
---------------------------------------------------------------------------

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

    NASD 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

    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, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6) thereunder.\11 \
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    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.

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-NASD-2007-033 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-NASD-2007-033. 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 the filing also will be available for inspection and
copying at the principal office of NASD. 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-NASD-2007-033 and should be submitted on
or before June 25, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-10681 Filed 6-1-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: October 1, 2008 (Volume 73, Number 191)]
[Notices]
[Page 57096-57097]
[DOCID:fr01oc08-73]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8723-2; Docket ID No. EPA-HQ-ORD-2008-0245]

Draft Toxicological Review of Ethylene Glycol Mono Butyl Ether
(EGBE): In Support of the Summary Information in the Integrated Risk
Information System (IRIS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Listening Session.

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

SUMMARY: EPA is announcing a listening session to be held on Friday,
October 10, 2008, for the external review draft document entitled,
``Toxicological Review of Ethylene Glycol Mono Butyl Ether (EGBE): In
Support of Summaiy Information on the Integrated Risk Information
System (IRIS).'' This listening session is a new step in EPA's revised
process, announced on April 10, 2008, for development of human health
assessments for inclusion on IRIS. The purpose of the listening session
is to allow all interested parties to present scientific and technical
comments on draft IRIS health assessments to EPA and other interested
parties during the public comment period and prior to the external peer
review meeting. EPA

welcomes the scientific and technical comments that will be provided to
the Agency by the listening session participants. The comments will be
considered by the Agency as it revises the draft assessment in response
to the independent external peer review and public comments. All
presentations will become part of the official and public record.
    The EPA's draft assessment and peer review charge are available via
the Internet on the National Center for Environmental Assessment's
(NCEA) home page under the Recent Additions and the Data and
Publications menus at http://www.epa.gov/ncea.

DATES: The listening session on the draft IRIS health assessment for
Ethylene Glycol Mono Butyl Ether (EGBE) will be held on Friday, October
10, 2008, beginning at 9 am and ending at 4 pm, Eastern Daylight Time.
If you wish to make a presentation at the listening session, you should
register by Wednesday, October 8, 2008, and indicate that you wish to
make oral comments at the session, and indicate the length of your
presentation. At the time of your registration, please indicate if you
require audio-visual aid (e.g., lap top and slide projector). In
general, each presentation should be no more than 30 minutes. If,
however, there are more requests for presentations than the allotted
time will allow, then the time limit for each presentation will be
adjusted accordingly. A copy of the agenda for the listening session
will be available at the meeting. If no speakers have registered by
Wednesday, October 8, 2008, the listening session will be cancelled.
EPA will notify those registered to attend of the cancellation.
    The public comment period for review of this draft assessment was
announced previously in the Federal Register (FR) (73 FR 22372) on
April 25, 2008 and ended on June 24, 2008. Any technical comments
submitted in response to this notice, should in writing and should be
provided to EPA at the October 10 listening session or e-mailed to
Christine Ross at<EMAIL_ADDRESS>by October 10. All comments
received will be provided to the peer review panel.
    The date and logistics for the peer-review meeting were announced
in a separate FR notice that was published on September 25, 2008.

ADDRESSES: The listening session on the draft Ethylene Glycol Mono
Butyl Ether (EGBE) assessment will be held at the EPA offices at Two
Potomac Yard (North Building), 7th Floor, Room 7100, 2733 South Crystal
Drive, Arlington, Virginia, 22202. To attend the listening session,
register by Wednesday, October 8, 2008, via e-mail at
<EMAIL_ADDRESS>(subject line: Ethylene Glycol Mono Butyl Ether
(EGBE) listening session), by phone:<PHONE_NUMBER>, or by faxing a
registration request to<PHONE_NUMBER> (please reference the ``Ethylene
Glycol Mono Butyl Ether (EGBE) Listening Session'' and include your
name, title, affiliation, full address and contact information). Please
note that to gain entrance to this EPA building to attend the meeting,
attendees must have photo identification with them and must register at
the guard's desk in the lobby. The guard will retain your photo
identification and will provide you with a visitor's badge. At the
guard's desk, attendees should give the name Christine Ross and the
telephone number,<PHONE_NUMBER>, to the guard on duty. The guard will
contact Ms. Ross who will meet you in the reception area to escort you
to the meeting room. Upon your exit from the building please return
your visitor's badge and you will receive the photo identification that
you provided.
    A teleconference line will also be available for registered
attendees/speakers. The teleconference number is<PHONE_NUMBER> and the
access code is<PHONE_NUMBER>, followed by the pound sign (). The
teleconference line will be activated at 8:45 am, and you will be asked
to identify yourself and your affiliation at the beginning of the call.
    Information on Services for Individuals with Disabilities: For
information on access or services for individuals with disabilities,
please contact Christine Ross at<PHONE_NUMBER> or
<EMAIL_ADDRESS>To request accommodation of a disability,
please contact Ms. Ross, preferably at least 10 days prior to the
meeting, to give EPA as much time as possible to process your request.

FOR FURTHER INFORMATION CONTACT: For information on the public
listening sessions, please contact Christine Ross, IRIS Staff, National
Center for Environmental Assessment, (8601P), U.S. EPA, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; telephone: 703-347-
8592; facsimile:<PHONE_NUMBER>; or e-mail<EMAIL_ADDRESS>If
you have questions about the draft Ethylene Glycol Mono Butyl Ether
(EGBE) assessment, contact Angela Howard, Hazardous Pollutants
Assessment Branch, Research Triangle Park, National Center for
Environmental Assessment, (B243-01), U.S. EPA, USEPA Mailroom, Research
Triangle Park, NC 27711; telephone:<PHONE_NUMBER>; facsimile: 919-541-
0245; or e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This listening session is a new step in
EPA's revised process, announced on April 10, 2008, for development of
human health assessments for inclusion on IRIS. The new process is
posted on the NCEA home page under the Recent Additions menu at http://
www.epa.gov/ncea. Two listening sessions are scheduled under the new
IRIS process. The first is during the public review of the draft
assessment that includes only qualitative discussion. The second
session is during the public review of the externally peer reviewed
draft assessment; if feasible, this draft will include both qualitative
and quantitation elements (i.e., a ``complete draft''). All IRIS
assessments that are at the document development stage will follow the
revised process, which includes the two listening sessions. However,
when EPA initiated the new IRIS process, the draft assessment for
Ethylene Glycol Mono Butyl Ether (EGBE) had already completed document
development and been through several rounds of internal review.
Therefore, EPA will only hold one listening session during the public
review and comment period of the externally peer-reviewed draft.

    Dated: September 24, 2008.
Rebecca Clark,
Acting Director, National Center for Environmental Assessment.
[FR Doc. E8-22937 Filed 9-30-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Rules and Regulations]
[Page 13640]
[FR Doc No: 2018-06461]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0227]

Drawbridge Operation Regulation; Sacramento River, Sacramento, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Tower Drawbridge across the
Sacramento River, mile 59.0 at Sacramento, CA. The deviation is
necessary to allow the local community to participate in the Sacramento
Giant Race 5K/10K run/walk. This deviation allows the bridge to remain
in the closed-to-navigation position during the deviation period.

DATES: This deviation is effective from 7 a.m. to 12:30 p.m. on April
21, 2018.

ADDRESSES: The docket for this deviation, USCG-2018-0227, is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Carl T. Hausner, Chief, Bridge
Section, Eleventh Coast Guard District; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION: The California Department of Transportation
has requested a temporary change to the operation of the Tower
Drawbridge, mile 59.0, over the Sacramento River, at Sacramento, CA.
The drawbridge navigation span provides a vertical clearance of 30 feet
above Mean High Water in the closed-to-navigation position. The draw
operates as required by 33 CFR 117.189(a). Navigation on the waterway
is commercial and recreational.
    The drawspan will be secured in the closed-to-navigation position 7
a.m. to 12:30 p.m. on April 21, 2018, to allow the community to
participate in the Sacramento Giant Race 5K/10K run/walk. This
temporary deviation has been coordinated with the waterway users. No
objections to the proposed temporary deviation were raised.
    Vessels able to pass through the bridge in the closed position may
do so at any time. The bridge will be able to open for emergencies and
there is no immediate alternate route for vessels to pass. The Coast
Guard will also inform the users of the waterway through our Local and
Broadcast Notices to Mariners of the change in operating schedule for
the bridge so that vessel operators can arrange their transits to
minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: March 27, 2018.
Carl T. Hausner,
District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2018-06461 Filed 3-29-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 86 (Friday, May 3, 2019)]
[Notices]
[Pages 19129-19130]
[FR Doc No: 2019-09091]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Susan Harwood Training Grant Program, FY 2019

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice of availability of funds and funding opportunity
announcements (FOA) for Susan Harwood Training Grant Program grants.

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

    Funding Opportunity Number: SHTG-FY-19-01 (Targeted Topic Training
grants).
    Funding Opportunity Number: SHTG-FY-19-02 (Training and Educational
Materials Development grants).
    Funding Opportunity Number: SHTG-FY-19-03 (Capacity Building
grants).
    Catalog of Federal Domestic Assistance Number: 17.502.
SUMMARY: This notice announces availability of approximately $10.5
million for Susan Harwood Training Grant Program grants. Three separate
funding opportunity announcements are available for Targeted Topic
Training grants, Training and Educational Materials Development grants,
and new Capacity Building grants (Funding Opportunity Number SHTG-FY-
19-03 will cover two types of Capacity Building grants: (1) Capacity
Building Pilot and (2) Capacity Building Developomental grants).

DATES: Grant applications for Susan Harwood Training Program grants
must be received electronically by the Grants.gov system no later than
11:59 p.m., ET, on July 2, 2019.

ADDRESSES: The complete Susan Harwood Training Grant Program funding
opportunity announcement and all information needed to apply are
available at the Grants.gov website, https://www.grants.gov/.

FOR FURTHER INFORMATION CONTACT: Questions regarding the funding
opportunity announcement should be emailed to<EMAIL_ADDRESS>or
by telephone at<PHONE_NUMBER>. Personnel will not be available to answer
questions after 5:00 p.m., ET. To obtain further information on the
Susan Harwood Training Grant Program, visit the OSHA website at:
https://www.osha.gov/dte/sharwood/index.html. Questions regarding
Grants.gov should be emailed to<EMAIL_ADDRESS>or directed to
Applicant Support toll free at 1-800-518-4726. Applicant Support is
available 24 hours a day, 7 days a week except on Federal holidays.

Authority and Signature

    Loren Sweatt, Acting Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice. The
authority for this notice is Section 21 of the

Occupational Safety and Health Act of 1970, (29 U.S.C. 670), Public Law
113-235, and Secretary of Labor's Order No. 1-2012 (77 FR 3912).

    Signed at Washington, DC, on April 29, 2019.
Loren Sweatt,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2019-09091 Filed 5-2-19; 8:45 am]
BILLING CODE 4510-26-P