[Federal Register Volume 80, Number 199 (Thursday, October 15, 2015)]
[Notices]
[Pages 62139-62142]
[FR Doc No: 2015-26155]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76107; File No. SR-CBOE-2015-084]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to Delivery of the Regulatory Element of
the Exchange's Continuing Education Program

October 8, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 30, 2015, Chicago Board Options Exchange,
Incorporated (the ``Exchange'' or ``CBOE'') filed with the Securities
and Exchange Commission (the ``Commission'') the proposed rule change
as described in Items I, II, and III below, which Items have been
prepared by the Exchange. The Exchange filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 9.3A (Continuing Education for
Registered Persons) to provide for Web-based delivery of the Regulatory
Element of the Exchange's continuing education (``CE'') program. The
text of the proposed rule change is available on the Exchange's Web
site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at
the Exchange's Office of the Secretary, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The CE requirements under Rule 9.3A consist of a Regulatory Element
\5\ and a Firm Element.\6\ The Regulatory Element applies to all
registered persons \7\ and consists of periodic computer-based training
on regulatory, compliance, ethical, and supervisory subjects and sales
practice standards, which must be completed within prescribed
timeframes.\8\ In addition, a registered person is required to retake
the Regulatory Element in the event that such person: (i) Becomes
subject to any statutory disqualification as defined in Section
3(a)(39) of the Securities Exchange Act of 1934 (the ``Act''); (ii)
becomes subject to suspension or to the imposition of a fine of $5,000
or more for violation of any provision of any securities law or
regulation, or any agreement with or rule or standard of conduct of any
securities governmental agency, securities self-regulatory
organization, or as imposed by any such regulatory or self-regulatory
organization in connection with a disciplinary proceeding; or (iii) is

ordered as a sanction in a disciplinary action to re-take the
Regulatory Element by any securities governmental agency or securities
self-regulatory organization.\9\ Currently, the Exchange offers the
following Regulatory Elements for Exchange registered persons: The S201
Supervisor Program for registered principals and supervisors; the S106
Series 6 Program for Series 6 registered persons; the S501 Series 56
Proprietary Trader continuing education program for Series 56
registered persons, and the S101 General Program for Series 7 and all
other registered persons.\10\ Currently, the Regulatory Element may be
administered in a test center or in-firm subject to specified
procedures.\11\
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    \5\ See Rule 9.3A(a) (Regulatory Element).
    \6\ See Rule 9.3A(c) (Firm Element).
    \7\ For purposes of the Regulatory Element, a ``registered
person'' means a Trading Permit Holder (``TPH''), associated person,
and/or Representative approved by and registered with the Exchange.
See Interpretation and Policy .01 to Rule 9.3A.
    \8\ Pursuant to Rule 9.3A(a), each registered person shall
complete the Regulatory Element of the continuing education program
beginning with the occurrence of their second registration
anniversary date and every three years thereafter, or as otherwise
prescribed by the Exchange. On each occasion, the Regulatory Element
must be completed within one hundred twenty days after the person's
registration anniversary date. A person's initial registration date,
also known as the ``base date'', shall establish the cycle of
anniversary dates for purposes of the Rule. The content of the
Regulatory Element of the program shall be determined by the
Exchange for each registration category of persons subject to the
Rule.
    \9\ See Rule 9.3A(a)(2) (Disciplinary Actions).
    \10\ See Rule 9.3A(a)(3) (Required Programs).
    \11\ Under current Rule 9.3A(b) (In-House Delivery of Regulatory
Element), TPH organizations are permitted to administer the
Regulatory Element of the CE program to their registered persons by
instituting a firm program acceptable to the Exchange. Among others,
the following procedures are required in order to administer the
Regulatory Element of the CE program in-house: (1) The TPH
organization must designate a senior officer or partner to be
responsible for the firm's delivery of the Regulatory Element of the
CE program; (2) the location of the delivery site must be under the
control of the TPH organization; (3) the communication links and
firm delivery computer hardware must comply with standards defined
by the Exchange or its designated vendor; (4) the TPH organization's
written supervisory procedures must contain the procedures
implemented to comply with the requirements of its delivery of
Regulatory Element continuing education; (5) all sessions must be
proctored by an authorized person during the entire Regulatory
Element continuing education session; (6) all appointments must be
scheduled in advance using the procedures and software specified by
the Exchange, its agent or designated vendor; and (7) a Letter of
Attestation for In-Firm Delivery of Regulatory Element CE must be
completed.
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    The Firm Element consists of annual, TPH organization-developed and
administered training programs for covered registered persons,\12\
which must be appropriate for the business of the TPH or TPH
organization and, at a minimum, must cover the following matters
concerning securities products, services and strategies offered by the
Trading Permit Holder or TPH organization: (a) General investment
features and associated risk factors; (b) suitability and sales
practice considerations; and (c) applicable regulatory requirements.
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    \12\ Under Rule 9.3A(c)(1) (Persons Subject to the Firm
Element), a ``covered registered person'' means any registered
person who has a Series 56 registration or direct contact with
customers in the conduct of the TPH's or TPH organization's
securities sales, trading or investment banking activities, and to
the immediate supervisors of such persons.
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    Today, most registered persons complete the Regulatory Element in a
test center rather than in-firm. Given the advances in Web-based
technology, the Exchange believes that there is diminishing utility in
the test center and in-firm delivery methods. Moreover, according to
FINRA,\13\ TPHs and registered persons have raised concerns with the
test center delivery method because of the travel involved, the limited
time currently available to complete a Regulatory Element session \14\
and the use of rigorous security measures at test centers, which are
appropriate for taking qualification examinations, but onerous for a CE
program.\15\ Also, according to FINRA, the test center is expensive to
operate.\16\
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    \13\ FINRA is currently responsible for the operation of the
test centers used for test center delivery method of the Regulatory
Element.
    \14\ The current session time is three-and-a-half hours.
    \15\ See Securities Exchange Act Release No. 75154 (June 11,
2015), 80 FR 34777 (Notice of Filing of a Proposed Rule Change To
Provide a Web-Based Delivery Method for Completing the Regulatory
Element of the Continuing Education Requirements) (SR-FINRA-2015-
015).
    \16\ Id. at 34779.
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    In response to the issues noted above, FINRA engaged in extensive
outreach with the industry and completed a pilot of a Web-based
delivery system for administering the Regulatory Element.\17\ According
to FINRA, the proposed Web-based system performed well during the pilot
in terms of both performance and accessibility.\18\ FINRA also received
positive feedback from firms and the individual pilot participants.\19\
FINRA noted that among other things, pilot participants appreciated the
expanded time to focus on the provided learning materials without the
pressure of a timed session and the ability to resume or complete their
session from where they left off.\20\
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    \17\ Id.
    \18\ Id.
    \19\ Id.
    \20\ Id.
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Proposal
    Based on the recent amendments to FINRA Rule 1250,\21\ the Exchange
proposes to amend Rule 9.3A to provide for a Web-based delivery method
for completing the Regulatory Element. Specifically, the Exchange
proposes to amend Rule 9.3A(b) to provide that the continuing education
Regulatory Element set forth in paragraph (a) of Rule 9.3A will be
administered through Web-based delivery or such other technological
manner and format as specified by the Exchange. Should the Exchange
determine to administer the Regulatory Element through a delivery
mechanism other than Web-based delivery, however, the Exchange would
notify the Commission and would need to file a further rule change with
the Commission.
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    \21\ See FINRA Rule 1250 (Continuing Education Requirements).
See also Securities Exchange Act Release No. 75581 (July 31, 2015)
(Order Approving a Proposed Rule Change to Provide a Web-based
Delivery Method for Completing the Regulatory Element of the
Continuing Education Requirements) (SR-FINRA-2015-015).
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    In addition to proposing to amend Rule 9.3A to provide for a Web-
based delivery method for completing the Regulatory Element, the
Exchange also proposes to remove 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 and being replaced with the Series 57
Securities Trader qualification examination.\22\ 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.
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    \22\ See Securities Exchange Act Release No. 75783 (August 28,
2015) (Order Approving a Proposed Rule Change to Establish the
Securities Trader and Securities Trader Principal Registration
Categories) (SR-FINRA-2015-017).
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    The first phase of the Web-based delivery system would be launched
October 1, 2015 and include the Regulatory Element of the S106 Program
for Series 6 registered persons and the S201 Supervisor Program for
registered principals and supervisors. The second phase of the Web-
based delivery system would be launched January 4, 2016 and include the
Regulatory Element of the S101 General Program for Series 7 and all
other registered persons, including, but not limited to Securities
Traders.\23\
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    \23\ The Exchange has submitted a proposal to the Commission
that would replace the Proprietary Trader registration category as
referred to in Interpretation and Policy .08 to Rule 3.6A
(Registration and Qualification of Trading Permit Holders and
Associated Persons) with the Securities Trader registration category
effective January 4, 2016.
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    The Exchange is proposing to phase out test-center delivery by no
later than six months after January 4, 2016. Registered persons will
continue to have the option of completing the Regulatory Element in a
test center, but they will be required to use the Web-based system
after that date.\24\
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    \24\ The Exchange anticipates filing fee filings to reduce the
cost for Web-delivery of the Regulatory Element from $100 to $55 by
October 1, 2015 for the S106 and S201 Regulatory Element Programs
and by January 4, 2016 for Web-delivery of the S101 Regulatory
Element Program. Fees for completing the Regulatory Element of the
respective programs at a test center will remain $100.

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    Further, the Exchange is proposing to phase out the current option
for in-firm delivery on a rolling basis as each Regulatory Element
program becomes available for Web-based delivery. Firms will not be
able to establish new in-firm delivery programs after October 1, 2015.
Moreover, firms that have pre-existing in-firm delivery programs
established prior to October 1, 2015 would not be able to use that
delivery method for the S106 and S201 Regulatory Element programs after
October 1, 2015, which is the anticipated launch date of Web-based
delivery for these programs. However, such firms may continue to use
their pre-existing in-firm delivery programs for the S501 Regulatory
Element and S101 Regulatory Element program until January 4, 2016,
which is the anticipated launch date of Web-based delivery for the S101
program.\25\ The Exchange is also proposing to eliminate Rule 9.3A(b)
relating to in-firm delivery of the Regulatory Element of these CE
programs. The proposed Web-based delivery method will provide
registered persons the flexibility to complete the Regulatory Element
at a location of their choosing, including their private residence, at
any time during their 120-day window for completion of the Regulatory
Element.\26\
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    \25\ No firms currently provide the Regulatory Element of the
S501 program in-house.
    \26\ Although the proposed rule change provides such
flexibility, firms may choose to impose their own conditions based
on their supervisory and compliance needs. For instance, a firm that
wishes to have registered persons complete CE on the firm's premises
can do so by having the registered person access Web-based CE from a
firm device and location. Moreover, firms would have to update their
written policies and procedures regarding the Regulatory Element to
reflect the transition to Web-based CE and communicate the update to
registered persons.
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    The Exchange notes that the Web-based format will include
safeguards to authenticate the identity of the CE candidate. For
instance, prior to commencing a Web-based session, the candidate will
be asked to provide a portion of their SSN (either first five or last
four digits) and their date of birth. This information will only be
used for matching data in FINRA's Web-CRD system. The Web CE system
will discard this information after the matching process. Further,
before commencing a Web-based session, each candidate will be required
to agree to the Rules of Conduct for Web-based delivery. Among other
things, the Rules of Conduct will require each candidate to attest that
he or she is in fact the person who is taking the Web-based session.
The Rules of Conduct will also require that each candidate agree that
the Regulatory Element content is intellectual property and that the
content cannot be copied or redistributed by any means. If the Exchange
discovers that a candidate has violated the Rules of Conduct, the
candidate will forfeit the results of the Web-based session and may be
subject to disciplinary action by the Exchange.\27\ Violation of the
Rules of Conduct will be considered conduct inconsistent with high
standards of commercial honor and just and equitable principles of
trade, in violation of Rule 4.1 (Just and Equitable Principles of
Trade). The Exchange is not proposing any changes to the Firm Element
requirements under Rule 9.3A other than to change references from the
Series 56 Proprietary Trader registration category to the Series 57
Securities Trader registration category, consistent with recently
proposed changes to Rule 3.6A (Qualification and Registration of
Trading Permit Holders and Associated Persons) and NASD Rules 1022(a)
(General Securities Principal) and 1032(f) (Limited Representative--
Securities Trader).\28\ The Exchange will announce the effective date
for Web-delivery of the Regulatory Element of the S106 Program for
Series 6 registered persons and the S201 Supervisor Program for
registered principals and supervisors in a Regulatory Circular in
October 2015 and the launch of Web-delivery of the Regulatory Element
of the S101 General Program for Series 7 and all other registered
persons, including, but not limited to Securities Traders in a
Regulatory Circular at a date prior to January 4, 2016.
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    \27\ See generally Chapter XVII (Discipline).
    \28\ See Securities Exchange Act Release No. 75394 (July 8,
2015), 80 FR 41119 (July 14, 2015) (Notice of Filing of a Proposed
Rule Change to Establish the Securities Trader and Securities Trader
Principal Registration Categories) (SR-FINRA-2015-017).
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\29\ Specifically, the Exchange believes the proposed rule change
is consistent with the Section 6(b)(5) \30\ requirements that the rules
of an exchange be designed to prevent fraudulent and manipulative acts
and practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \31\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers and Section 6(c)(3) \32\ of the
Act, which authorizes the Exchange to, among other things, prescribe
standards of financial responsibility or operational capability and
standards of training, experience and competence for its Trading Permit
Holders and person associated with Trading Permit Holders.
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    \29\ 15 U.S.C. 78f(b).
    \30\ 15 U.S.C. 78f(b)(5).
    \31\ Id.
    \32\ 15 U.S.C. 78f(c)(3).
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    In particular, the Exchange believes that the proposed rule change
will improve TPHs' compliance efforts and will allow registered persons
to spend a greater amount of time on the review of CE materials and
potentially achieve better learning outcomes, which will in turn
enhance investor protection. Further, while the proposed rule change
will provide more flexibility to TPHs and registered persons, it will
maintain the integrity of the Regulatory Element of the CE program and
the CE program in general.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange notes that the
proposed rule change is specifically intended to reduce the burden on
firms while preserving the integrity of the CE program. As described
above, the Web-based delivery method will provide registered persons
the flexibility to complete the Regulatory Element at any location that
they choose. Further, Web-based delivery is efficient and offers
significant cost savings over test-center and in-firm deliveries. With
respect to the authentication process for Web-based delivery, the CE
candidate's personal identifying information will be masked and will be
submitted to FINRA through a secure, encrypted, network. The personal
identifying information submitted via the Web-based system will be used
for authentication purposes only--the information will not be stored in
the Web-based system.

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

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

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

    Because the foregoing proposed rule change does not:
    A. Significantly affect the protection of investors or the public
interest;
    B. impose any significant burden on competition; and
    C. 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 \33\ and
Rule 19b-4(f)(6) \34\ thereunder. At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission will institute proceedings to determine whether the proposed
rule change should be approved or disapproved.
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    \33\ 15 U.S.C. 78s(b)(3)(A).
    \34\ 17 CFR 240.19b-4(f)(6).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2015-084 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2015-084. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2015-084 and should be
submitted on or before November 5, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\35\
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    \35\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-26155 Filed 10-14-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 63 (Wednesday, April 1, 2020)]
[Notices]
[Pages 18224-18225]
[FR Doc No: 2020-06817]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP18-90-000]

Transcontinental Gas Pipe Line Company, LLC; Notice of Extension
of Time Request

    Take notice that on March 23, 2020, Transcontinental Gas Pipe Line
Company, LLC (Transco) requested that the Federal Energy Regulatory
Commission (Commission) grant an extension of time, until September 30,
2021, to complete the abandonment in place of approximately 26.55 miles
of 20-inch-diameter gathering pipeline and

appurtenances in offshore waters of Texas (Project), as authorized in
the April 17, 2018 Order Amending Abandonment Authorization \1\ (April
17 Order). The April 17 Order required Transco to complete the
authorized abandonment within two years of the Order date.
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    \1\ Transcontinental Gas Pipe Line Company, LLC, 163 FERC ]
62,046 (2018).
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    Transco states that the offshore construction window generally runs
from May 1st through September 30th of each year allowing for a very
limited window to safely complete activities offshore. Transco asserts
that it identified and addressed integrity issues downstream of the
Project in 2018. Transco affirms that it started the abandonment work
in 2019 but did not complete all the required work before the 2019
offshore construction window closed. Transco proposes to finish the
remaining work required to abandon the Project facilities, including
the cutting and removing of the tube turn at the base of the riser on
the Brazos Area 133 A platform, during the 2020 offshore construction
window.
    This notice establishes a 15-calendar day intervention and comment
period deadline. Any person wishing to comment on the extension motion
may do so. No reply comments or answers will be considered. If you wish
to obtain legal status by becoming a party to the proceedings for this
request, you should, on or before the comment date stated below, file a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the Natural Gas Act (18 CFR 157.10).
However, only motions to intervene from entities that were party to the
underlying proceeding will be accepted.
    As a matter of practice, the Commission itself generally acts on
requests for extensions of time to complete construction for NGA
facilities when such requests are contested before order issuance. For
those extension requests that are contested,\2\ the Commission acting
as a whole will aim to issue an order acting on the request within 45
days.\3\ The Commission will address all arguments relating to whether
the applicant has demonstrated there is good cause to grant the
extension. The Commission will not consider arguments that re-litigate
the issuance of the abandonment order, including whether the Commission
properly found the project to be in the public convenience or necessity
and whether the Commission's environmental analysis for the certificate
complied with the National Environmental Policy Act.\4\ At the time a
pipeline requests an extension of time, orders on certificates of
public convenience and/or necessity are final and the Commission will
not re-litigate their issuance. The OEP Director, or his or her
designee, will act on all of those extension requests that are
uncontested.
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    \2\ Contested proceedings are those where an intervenor disputes
any material issue of the filing. 18 CFR 385.2201(c)(1) (2019).
    \3\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40
(2020).
    \4\ Similarly, the Commission will not re-litigate the issuance
of an NGA section 3 authorization, including whether a proposed
project is not inconsistent with the public interest and whether the
Commission's environmental analysis for the permit order complied
with NEPA.
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    The extension request is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's website
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. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and three copies of the protest or intervention to
the Federal Energy regulatory Commission, 888 First Street NE,
Washington, DC 20426.
    Comment Date: 5:00 p.m. Eastern Time on April 9, 2020.

    Dated: March 25, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-06817 Filed 3-31-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Rules and Regulations]
[Pages 45569-45571]
[FR Doc No: 2018-19562]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0763]
RIN 1625-AA00

Safety Zone; Helocast Water Insertion Operation; Black River Bay,
Sackets Harbor, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 1,000-foot radius of the water insertion site
located 600 feet offshore of Sackets Harbor Battlefield, Black River
Bay, Sackets Harbor, NY. This safety zone is intended to restrict
vessels from portions of the Black River Bay during the Helocast Water
Insertion Training Event. This temporary safety zone is necessary to
protect mariners and vessels from the navigational hazards associated
with this event. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Buffalo.

DATES: This rule is effective from 6:00 a.m. until 2:00 p.m. on
September 14, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0763 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LTJG Sean Dolan, Chief Waterways Management Division,
U.S. Coast Guard; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the event sponsor did not submit
notice to the Coast Guard with sufficient time remaining before the
event to publish an NPRM. Delaying the effective date would be contrary
to the rule's objectives of ensuring safety of life on the navigable
waters and protection of persons and vessels in vicinity of the
fireworks display.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date would
be contrary to the rule's objectives of enhancing safety of life on the
navigable waters and protection of persons and vessels in vicinity of
the Helocast Water Insertion Training Event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Buffalo (COTP) has determined that
helicopter training with swimmers jumping to the water presents
significant risks to the public safety and property. Such hazards
include excessive winds from helicopter, rougher than normal waters,
dangerous projectiles, and falling debris. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone while the Helocast Water Insertion
Training takes place.

IV. Discussion of the Rule

    This rule establishes a safety zone on September 14, 2018, from
6:00 a.m. until 2:00 p.m. The safety zone will encompass all waters of
the Black River Bay, Sackets Harbor, NY contained within a 1,000-foot
radius of: 43[deg]57'11.1'' N, 76[deg]07'26.3'' W.
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Buffalo or his
designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the conclusion
that this rule is not a significant regulatory action. We anticipate
that it will have minimal impact on the economy, will not interfere
with other agencies, will not adversely alter the budget of any grant
or loan recipients, and will not raise any novel legal or policy
issues. The safety zone created by this rule will be relatively small
and enforced for a relatively short time. Also, the safety zone has
been designed to allow vessels

to transit around it. Thus, restrictions on vessel movement within that
particular area are expected to be minimal. Under certain conditions,
moreover, vessels may still transit through the safety zone when
permitted by the Captain of the Port.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule
establishes a safety zone. It is categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T09-0763 to read as follows:

Sec.  165.T09-0763  Safety Zone; Helocast Water Insertion Training;
Black River Bay, Sackets Harbor, NY.

    (a) Location. The safety zone will encompass all waters of the
Black River Bay; Sackets Harbor, NY contained within a 1,000-foot
radius of: 43[deg]57'11.1'' N, 76[deg]07'26.3'' W.
    (b) Enforcement period. This regulation will be enforced from 6:00
a.m. until 2:00 p.m. on September 14, 2018.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Buffalo or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene representative may be contacted via

VHF Channel 16. Vessel operators given permission to enter or operate
in the safety zone must comply with all directions given to them by the
Captain of the Port Buffalo, or his on-scene representative.

    Dated: September 5, 2018.
Kenneth E. Blair,
Commander, U.S. Coast Guard, Acting Captain of the Port Buffalo.
[FR Doc. 2018-19562 Filed 9-7-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: September 8, 2009 (Volume 74, Number 172)]
[Notices]
[Page 46290-46291]
[DOCID:fr08se09-154]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60587; File No. SR-Phlx-2009-73]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NASDAQ OMX PHLX, Inc. Relating
to Standard and Poor's Depository Receipts/SPDRs (``SPY'') Equity
Options

August 28, 2009.
    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 August 20, 2009, NASDAQ OMX PHLX, Inc. (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III, below, which Items have been prepared by the Exchange. 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

    The Exchange proposes to assess a $.05 per contract fee for
Standard and Poor's Depositary Receipts/SPDRs (``SPY'')\3\ equity
options that are directed to specialists, Streaming Quote Traders
(``SQTs'')\4\ and Remote Streaming Quote Traders (``RSQTs'')\5\ by a
member or member organization and are executed electronically in lieu
of the existing specialist and Registered Options Trader (on-floor)
equity options transaction fees.
---------------------------------------------------------------------------

    \3\ SPY options are based on the SPDR exchange-traded fund
(``ETF''), which is designed to track the performance of the S&P 500
Index.
    \4\ An SQT is an Exchange Registered Options Trader (``ROT'')
who has received permission from the Exchange to generate and submit
option quotations electronically through an electronic interface
with AUTOM via an Exchange approved proprietary electronic quoting
device in eligible options to which such SQT is assigned. See
Exchange Rule 1014(b)(ii)(A).
    \5\ An RSQT is an ROT that is a member or member organization
with no physical trading floor presence who has received permission
from the Exchange to generate and submit option quotations
electronically through AUTOM in eligible options to which such RSQT
has been assigned. An RSQT may only submit such quotations
electronically from off the floor of the Exchange. See Exchange Rule
1014(b)(ii)(B).
---------------------------------------------------------------------------

    While changes to the Exchange's fee schedule pursuant to this
proposal are effective upon filing, the Exchange has designated this
proposal to be effective for trades settling on or after August 25,
2009.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxphlx.cchwallstreet.com/NASDAQOMXPHLX/
Filings/, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant 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 purpose of the proposed rule change is to create incentives for
specialists, SQTs and RSQTs that receive directed order flow to provide
liquidity in SPY equity options contracts sent to the Exchange for
execution. The Exchange believes this incentive will allow the Exchange
to remain competitive, while encouraging additional order flow in
options overlaying SPY. The Exchange proposes to assess a $.05 per
contract fee in SPY equity options that are directed to specialists,
SQTs and RSQTs (``Directed Participants'' or ``Directed Specialists,
RSQTs, or SQTs''\6\) by a member or member organization (``Order Flow
Provider'' or ``OFP'')\7\, and executed electronically on the
Exchange's electronic trading platform for options, the Phlx XL II
system. The $0.05 per contract rate would be assessed to the Direct
Participants, in lieu of the equity options transactions fees of $.22
per contract side for Registered Option Traders (``ROTs'') (on-floor)
and $.21 per contract side for specialists on contracts executed
electronically. Customers who are on the contra-side of a trade
involving Directed Orders would not be subject to a fee and will remain
free of charge.
---------------------------------------------------------------------------

    \6\ See Exchange Rule 1080(l), ``[hellip]The term `Directed
Specialist, RSQT, or SQT' means a specialist, RSQT, or SQT that
receives a Directed Order.'' A Directed Participant has a higher
quoting requirement as compared with a specialist, SQT or RSQT who
is not acting as a Directed Participant. See Exchange Rule 1014.
    \7\ See Exchange Rule 1080(l). ``[hellip]The term ``Order Flow
Provider'' (``OFP'') means any member or member organization that
submits, as agent, customer orders to the Exchange.''
---------------------------------------------------------------------------

    The Exchange currently provides a discount for ROTs (on-floor) and
specialists that exceed 4.5 million contracts in a given month (the
``Volume Threshold'') by assessing $ 0.01 per contract on contract
volume above the Volume Threshold instead of the applicable options
transaction charges. The Exchange aggregates the trading activity of
separate ROTs (on-floor) and specialists for purposes of the Volume
Threshold if there is at least 75% common ownership between the member
organizations as reflected on each member organization's Form BB,
Schedule A. The Exchange proposes to assess a $0.01 per contract
instead of a $0.05 per contract fee for SPY equity option transactions
when the Directed Participant exceeds the 4.5 million contracts Volume
Threshold in a given month. The contract volume associated with SPY
equity options contracts, including the proposal to assess a $.05 per
contract fee in SPY equity options, would therefore be included in the
Volume Threshold calculation and the $0.01 per contract rate would
apply in the event a Directed Participant reaches the 4.5 million
contracts Volume Threshold.
2. Statutory Basis
    The Exchange believes that its proposal to amend its schedule of
fees is consistent with Section 6(b) of the Act \8\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \9\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among Exchange members. Specifically, the Exchange
believes that this proposal is equitable because it would apply evenly
to specialists, SQTs and RSQTs transacting SPY equity options contracts
sent to the Exchange for execution, in that any specialist, SQT or RSQT
[sic]
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \10\ and paragraph (f)(2) of Rule 19b-4 \11\
thereunder. 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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2009-73 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2009-73. 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 on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing also
will be available for inspection and copying at the principal offices
of the Exchange. All comments received will be posted without change;
the Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
Phlx-2009-73, and should be submitted on or before September 29, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-21457 Filed 9-4-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 145 (Tuesday, July 29, 2014)]
[Notices]
[Page 44087]
[FR Doc No: 2014-17818]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Twenty First Meeting: RTCA Special Committee 217--Aeronautical
Databases Joint with EUROCAE WG-44--Aeronautical Databases

AGENCY: Federal Aviation Administration (FAA), U.S. Department of
Transportation (DOT).

ACTION: Notice of RTCA Special Committee 217--Aeronautical Databases
Joint with EUROCAE WG-44--Aeronautical Databases.

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

SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 217--Aeronautical Databases being
held jointly with EUROCAE WG-44--Aeronautical Databases.

DATES: The meeting will be held September 8-12 2014 from 9:00 a.m. to
5:00 p.m.

ADDRESSES: The meeting will be hosted by EASA Ottoplatz, 1 D-50679
Cologne, Germany.

FOR FURTHER INFORMATION CONTACT: Sophie Bousquet<EMAIL_ADDRESS>
202-330-0663 or The RTCA Secretariat, 1150 18th Street NW., Suite 910,
Washington, DC 20036, or by telephone at<PHONE_NUMBER>, fax at (202)
833-9434, or Web site at http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a) (2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a meeting of RTCA Special Committee 217--Aeronautical
Databases held jointly with EUROCAE WG-44--Aeronautical Databases. The
agenda will include the following:

Monday, September 8th

 Opening Plenary Session
 Co-Chairmen's remarks and introductions
 Housekeeping
 Approve minutes from 20th meeting
 Review and approve meeting agenda for 21th meeting
 Schedule and working arrangements for this week
 Review of joint WG-1/WG-2 Action Items
 EASA presentation on DAT rule-making task
 Closing Plenary Schedule

Monday, September 8th through Thursday September 11th

 Working Group One (WG1)--DO-200A/ED-76
 Working Group Two (WG2)--DO-272/DO-276/DO-291

Friday Morning, September 12th

 Closing Plenary Session (9:00 a.m. to Noon)
 Presentation of WG1 and WG2 conclusions
 FRAC release of DO-200A and ED-76 Revision
 Working arrangements for the remaining work
 Review of action items
 Next meetings, dates and locations
 Any other business and Adjourn

    Pre-registration for the meeting itself is required, if you have
not already done so, please provide your information to Sophie
Bousquet<EMAIL_ADDRESS>    Persons wishing to present statements or obtain information should
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. Members of the public may present a written statement to the
committee at any time.

    Issued in Washington, DC, on July 18 2014.
Mohannad Dawoud,
Management Analyst, Business Operations Group, ANG-A12, Federal
Aviation Administration.
[FR Doc. 2014-17818 Filed 7-28-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Notices]
[Page 68353]
[FR Doc No: 2010-27957]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER11-1889-000]

Tuana Gulch Wind Park, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

October 28, 2010.
    This is a supplemental notice in the above-referenced proceeding of
Tuana Gulch Wind Park, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is November 18, 2010.
    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 Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-27957 Filed 11-4-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Notices]
[Page 39743]
[FR Doc No: 2018-17194]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9982-12-OEI]

Privacy Act of 1974; System of Records; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of a New System of Records; correction.

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

SUMMARY: The Environmental Protection Agency's (EPA) Office of
Environmental Information (OEI), Office of Enterprise Information
Programs (OEIP), eDiscovery Division, published a document in the
Federal Register of July 27, 2018, giving notice that it proposes to
establish a new system of records pursuant to the provisions of the
Privacy Act of 1974 (5 U.S.C. 552a). The document did not include the
comments due by date.

FOR FURTHER INFORMATION CONTACT: Brian K. Thompson, Acting Director,
202-564-4256.

SUPPLEMENTARY INFORMATION:

Correction

    In the Federal Register of July 27, 2018, in FR Doc. 2018-16117, on
page 35637, in the first column, correct the DATES caption to read:

DATES: Persons wishing to comment on this system of records notice must
do so by August 27, 2018. If no comments are received, the systems of
records notice will become effective by August 27, 2018.

    Dated: August 7, 2018.
Amy Lamson,
Acting Director, Office of Policy, Regulatory Management Division.
[FR Doc. 2018-17194 Filed 8-9-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 66 (Wednesday, April 6, 2011)]
[Proposed Rules]
[Pages 19001-19003]
[FR Doc No: 2011-8183]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2005-0174; FRL-8867-9]

Sulfuryl Fluoride; Addendum to Proposed Order Granting Objections
to Tolerances and Denying Request for a Stay; Extension of Comment
Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed order and extension of comment period.

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

SUMMARY: In this document, EPA is supplementing its proposed order
published January 19, 2011, regarding sulfuryl fluoride and fluoride
tolerances promulgated under the Federal Food, Drug, and Cosmetic Act
(FFDCA) to include proposed effective dates for the termination of
tolerances for rice commodities. In order to provide a 90-day comment
period on the proposed effective date for terminating the rice
tolerances, while also maintaining a consistent closing date for all
comments on the proposed sulfuryl fluoride actions and accommodating
several comment period extension requests, the Agency will accept
comment on both the proposed order and this addendum for 90 days
following publication of this notice in the Federal Register. In
addition, EPA is clarifying that all tolerances for sulfuryl fluoride
and the associated fluoride tolerances were intended to be covered by
the proposed order despite discrepancies in the way those tolerances
are described in EPA's regulations.

DATES: Comments must be received on or before July 5, 2011.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2005-0174, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2005-0174. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Meredith Laws, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, pesticide manufacturer, or
consumer. Potentially affected entities may include, but are not
limited to:
     Food manufacturing (NAICS code 311), e.g., grain and
oilseed milling; animal food manufacturing; flour milling; bread and
bakery product manufacturing; cookie, cracker, and pasta manufacturing;
snack food manufacturing.
     Pesticide manufacturing (NAICS code 32532), e.g.,
pesticide manufacturers; commercial applicators.
     Community Food Services (NAICS code 624210), e.g., food
banks.
     Farm Product Warehousing and Storage (NAICS 493130), e.g.,
grain elevators, private and public food warehousing and storage.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not

contain the information claimed as CBI must be submitted for inclusion
in the public docket. Information so marked will not be disclosed
except in accordance with procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Supplement to the Proposed Order

    On January 19, 2011 (76 FR 3422, Jan. 19, 2011), EPA issued a
proposed order granting objections and denying a stay request filed by
the Fluoride Action Network (FAN), Beyond Pesticides/National Coalition
Against the Misuse of Pesticides, and the Environmental Working Group
with regard to all tolerances established for sulfuryl fluoride and all
tolerances for fluoride associated with the use of sulfuryl fluoride.
In that order, EPA proposed a range of effective dates for termination
of sulfuryl fluoride and fluoride tolerances that were based on several
factors, including the potential for disruption or contamination of
some commodities in the food supply and the availability of
alternatives. For cancelled uses, EPA proposed to terminate tolerances
associated with those uses immediately upon publication of the final
order. For commodities for which there is little to no use of sulfuryl
fluoride, EPA proposed to make the effective date for termination of
the tolerances associated with those uses 90 days following publication
of the final order in the Federal Register. For direct commodity
treatments and for structural fumigation for which there is significant
sulfuryl fluoride use and no readily available alternative, EPA
proposed an effective date of 3 years following publication of the
final order in the Federal Register.
    In proposing effective dates, EPA inadvertently failed to address
the sulfuryl fluoride/fluoride tolerances for rice commodities
associated with direct fumigation of rice that were covered by the
objections and came within the scope of EPA's proposed order to grant
the objections. In this document, EPA is supplementing its proposed
order to add a proposed effective date of the grant of the objections
as to these rice commodities (rice, bran, postharvest; rice, flour,
postharvest; rice, grain, postharvest; rice, hulls, postharvest; rice,
polished rice, postharvest; and rice, wild, grain, postharvest). (40
CFR 180.145(a)(3), 180.575). Based on available information, EPA
concludes that very little to no sulfuryl fluoride is being used on
rice. Most rice is fumigated with aluminum phosphide (or phosphine)
rather than sulfuryl fluoride. (See Office of Prevention, Pesticides,
and Toxic Substances, US EPA, Memorandum from Colwell A. Cook, Jonathan
Becker, and Elisa Rim to Kable Davis/Venus Eagle and Michael Doherty/
Christina Swartz, ``Revised Assessment of Percent Commodity Treated
Values used in the Registrant's Dietary Exposure Assessment for
Fluoride (DP 361041)'' (May 1, 2009).
    Therefore, EPA is proposing that termination of the rice tolerances
be effective 90 days following publication of the final order in the
Federal Register. Given the low level of sulfuryl fluoride usage on
rice and the availability of phosphine as an alternative, 90 days
should be sufficient for affected parties to come into compliance. This
proposed termination date applies to the rice tolerances associated
with direct fumigation of rice. The proposed termination date for
commodities receiving incidental treatment as a result of structural
fumigation of food processing facilities remains unchanged from the
January 19, 2011 proposed order.
    As with the effective dates contained in its proposed order, EPA
requests public comment on the effective date for terminating
tolerances associated with rice.
    In addition, to avoid potential confusion, EPA is clarifying that
it intended to cover all existing tolerances for sulfuryl fluoride and
all associated fluoride tolerances despite some discrepancies in the
way tolerances for sulfuryl fluoride and fluoride are described in 40
CFR 180.575 and 180.145, respectively. In its proposed order, EPA
proposed 90-day effective dates for termination of the coffee, bean,
green, postharvest and oats, groats/rolled oats tolerances. This
language is used to describe the fluoride tolerances for these
commodities (Sec.  180.145(a)(3)). The similar tolerances for sulfuryl
fluoride are described as coffee, bean, roasted bean, postharvest and
oats, groats/rolled oats, postharvest (Sec.  180.575). EPA clarifies
that it intended to propose a 90-day effective date for termination of
these tolerances as well. EPA also proposed a 90-day effective date for
termination of the grape, raisin, postharvest and a 3-year effective
date for dried fruit other than raisins. EPA's regulation lists
distinct tolerances for these commodities for fluoride (Sec.
180.145(a)(3)), whereas EPA's regulation for sulfuryl fluoride lists a
single tolerance for dried fruit (Sec.  180.575). EPA clarifies that it
intended to propose that 90 days following publication of a final
order, the sulfuryl fluoride dried fruit tolerance would be revised to
narrow its coverage to dried fruit, except grape, raisin, postharvest,
and that the effective date for termination of this narrowed dried
fruit tolerance would be 3 years following publication of a final
order. Finally, EPA clarifies that the 3-year effective date for cocoa
applies to the sulfuryl fluoride/fluoride tolerances for cacao bean,
roasted bean, postharvest (Sec.  180.145(a)(3), and Sec.  180.575).

III. Request of Extension of Comment Period

    EPA has received four requests for a 90-day extension of the
comment period on the January 19, 2011, proposed order. The requests
were filed by the National Pest Management Association, The American
Farm Bureau Federation, the North American Millers' Federation, and Dow
AgroSciences LLC. They have requested additional time in order to
gather, process, and report to EPA information relevant to the proposed
order. In response, EPA notes that it established a comment period
longer than the statutory minimum in issuing its proposed order.
Nonetheless, given that the comment period is being extended to address
the issue discussed above with regard to the rice commodity tolerances
and the overall complexity of this matter, EPA has decided to extend
the overall comment period on the January 19, 2011, proposed order so
that all comments on the proposed order are due at the same time. Thus,
comments on the proposed termination date of the rice commodity
tolerances as well as all other comments on the January 19,

2011, proposed order are now due on July 5, 2011.

IV. Regulatory Assessment Requirements

    As indicated in the proposed order, this action is an adjudication
and not a rule. The regulatory assessment requirements imposed on
rulemaking do not, therefore, apply to this action.

V. Submission to Congress and the Comptroller General

    The Congressional Review Act (5 U.S.C. 801 et seq.), as added by
the Small Business Regulatory Enforcement Fairness Act of 1996, does
not apply because this action is not a rule for purposes of 5 U.S.C.
804(3).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: March 30, 2011.
William R. Diamond,
Acting Director, Office of Pesticide Programs.
[FR Doc. 2011-8183 Filed 4-5-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 2, 2009 (Volume 74, Number 104)]
[Rules and Regulations]
[Page 26296-26297]
[DOCID:fr02jn09-11]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0315]

Drawbridge Operation Regulations; Gulf Intracoastal Waterway, St.
Petersburg Beach and South Pasadena, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for
comments.

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SUMMARY: The Commander, Seventh Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Pinellas Bayway Structure ``C'' and Corey Causeway (SR 693) Bridges
across the Gulf Intracoastal Waterway, miles 114 and 117.7, at St.
Petersburg Beach, and South Pasadena, FL. This deviation will test a
change to the drawbridge operation schedules to determine whether a
permanent change to the schedule is needed. This deviation will allow
both drawbridges to operate on a twice an hour schedule during the day.
This deviation may be terminated/cancelled at any time via a Broadcast
Notice to Mariners.

DATES: This deviation is effective from May 14, 2009, through 7 p.m. on
May 31, 2009. Comments should be submitted by June 10, 2009.

ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2009-0315 using any one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov.
    2. Fax:<PHONE_NUMBER>.
    3. Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    4. Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these methods. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for instructions on submitting
comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this test
deviation, call Michael Lieberum, Bridge Branch at<PHONE_NUMBER>. If you
have questions on viewing or submitting material to the docket, call
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this action by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-1225), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (http://www.regulations.gov), or by fax, mail or hand delivery,
but please use only one of these means. If you submit a comment online
via http://www.regulations.gov, it will be considered received by the
Coast Guard when you successfully transmit the comment. If you fax,
hand deliver, or mail your comment, it will be considered as having
been received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an e-mail address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0315'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0315 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may visit the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act, system of
records notice regarding our public dockets in the January 17, 2008
issue of the Federal Register (73 FR 3316).

Background and Purpose

    The Pinellas Bayway Structure ``C'' bridge has a vertical clearance
of 25 feet in the closed position and the Corey Causeway bridge has a
vertical clearance of 23 feet in the closed position.
    Under the current operating regulations at 33 CFR 117.287(e), the
draw of the Pinellas Bayway Structure ``C'' bridge, mile 114, at St.
Petersburg Beach shall open on signal; except that from 7 a.m. to 7
p.m., the draw need open only on the hour, twenty minutes past the
hour, and forty minutes past the hour. Per 33 CFR 117.287(f), the draw
of the Corey Causeway (SR 693) bridge, mile 117.7 at South Pasadena,
shall open on signal; except that, from 8 a.m.

to 7 p.m. Monday through Friday, and 10 a.m. to 7 p.m. Saturdays and
Sundays and Federal holidays, the draw need to open only on the hour,
twenty minutes after the hour, and forty minutes after the hour.
    The local mayor has requested that the Coast Guard evaluate a twice
an hour schedule. The Florida Department of Transportation, the bridge
owner, has a concern related to the length of time during bridge
openings on the weekends due to the accumulation of vessels between
openings which may directly impact vehicle traffic. For this reason,
FDOT will be monitoring the traffic flow through the area during this
test and may recommend that the test be terminated at any point that
vehicle traffic patterns show a detriment rather than an improvement in
traffic flow. This test may have a minor impact on vessel traffic as
there will be two openings an hour rather than three during these same
time periods.
    This deviation will start on the date signed and will continue
until 7 p.m. on May 31, 2009, unless otherwise terminated/cancelled due
to heavier than normal traffic patterns. The Pinellas Bayway Structure
``C'' will open on demand except that from 7 a.m. to 7 p.m. the bridge
will open on the hour and half-hour and Corey Causeway bridges will
open on demand except that from 7 a.m. to 7 p.m. the bridge will open
on the quarter and three-quarter hour, seven days a week. Vessels that
may pass under the bridges without an opening may do so at any time.
Public vessels of the United States and tugs with tows must be passed
at any time.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: 14 May 2009.
R.S. Branham,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. E9-12822 Filed 6-1-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 86, Number 55 (Wednesday, March 24, 2021)]
[Notices]
[Pages 15660-15661]
[FR Doc No: 2021-06087]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC21-8-000]

Commission Information Collection Activities (FERC-512); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of information collection and request for comments.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on a renewal of currently approved
information collection, FERC-512 (Preliminary Permit), which will be
submitted to the Office of Management and Budget (OMB) for review.

DATES: Comments on the collection of information are due April 23,
2021.

ADDRESSES: Send written comments on FERC-512 to OMB through
www.reginfo.gov/public/do/PRAMain. Attention: Federal Energy Regulatory
Commission Desk Officer. Please identify the OMB Control Number (1902-
0073) in the subject line of your comments. Comments should be sent
within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain.
    Please submit copies of your comments to the Commission. You may
submit copies of your comments (identified by Docket No. IC21-8-000) by
one of the following methods: Electronic filing through http://www.ferc.gov, is preferred.
     Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
     For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery.
     Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
    Hand (including courier) delivery: Deliver to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
    Instructions: OMB submissions must be formatted and filed in
accordance with submission guidelines at www.reginfo.gov/public/do/PRAMain. Using the search function under the

``Currently Under Review'' field, select Federal Energy Regulatory
Commission; click ``submit,'' and select ``comment'' to the right of
the subject collection.
    FERC submissions must be formatted and filed in accordance with
submission guidelines at: http://www.ferc.gov. For user assistance,
contact FERC Online Support by email at<EMAIL_ADDRESS>or
by phone at:<PHONE_NUMBER> (toll-free).
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Title: FERC-512, Preliminary Permit.
    OMB Control No.: 1902-0073.
    Type of Request: Three-year approval of the FERC-512 information
collection requirements, with no changes to the current reporting
requirements in Docket No. IC21-8-000.
    Abstract: The Commission regulates nonfederal hydropower projects
on navigable waters and federal lands pursuant to the Federal Power Act
(FPA).\1\ The FERC-512 is an application for a preliminary permit or to
extend a preliminary permit term. Preliminary permits, issued for up to
four years, preserve the right of permit holders to have first priority
in applying for a license for a project being studied, but do not
authorize construction of any facilities. Nor does a preliminary permit
allow the use of eminent domain to acquire lands for the project. The
preliminary permits are issued pursuant to sections 4(f), 5, and 7 of
the FPA. Preliminary permits may be extended one time for up to four
additional years, pursuant to section 5 of the FPA. The purpose of
obtaining a preliminary permit is to maintain priority status for an
application for a license while the applicant conducts site
examinations and surveys to prepare maps, plans, specifications, and
estimates. This period of time also provides the applicant with the
opportunity to conduct engineering, economic, and environmental
feasibility studies in addition to making the financial arrangements
for funding the construction of the project. No other application for a
preliminary permit or application for license submitted by another
party can be accepted during the permit term. The application for a
preliminary permit is used by Commission staff to assess the scope of
the proposed project, the technology to be used, and jurisdictional
aspects of the project. The staff assessment includes a review of the
proposed hydro development for conflicts with other permits or existing
projects and public notice of the application to solicit public and
agency comments. The application for a one-time extension, up to four
years, of a preliminary permit is used by Commission staff to determine
if a permittee has met the 2018 Water Infrastructure Act's good faith
and reasonable diligence standard. An application for a preliminary
permit includes an initial statement and three numbered exhibits, per
18 CFR 4.81. The initial statement includes information on the
applicant, the project, the requested term of the permit, affected
political jurisdictions, and a verification of the facts.
---------------------------------------------------------------------------

    \1\ 16 U.S.C. 791a-825r (2012).
---------------------------------------------------------------------------

    Type of Respondents: Business or other for-profit and not for-
profit institutions.
    In response to the Notice of Information Collection Request for
comments published in the Federal Register on January 11, 2021 (86 FR
1957), the Commission received no comments on the 60-day Paperwork
Reduction Act notice.
    Estimate of Annual Burden \2\ and Cost \3\: The Commission
estimates as shown below in the table:
---------------------------------------------------------------------------

    \2\ Burden is defined as the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. For
further explanation of what is included in the information
collection burden, refer to 5 Code of Federal Regulations 1320.3.
    \3\ Commission staff estimates that the industry's skill set and
cost (for wages and benefits) for FERC-512 are approximately the
same as the Commission's average cost. The FERC 2020 average salary
plus benefits for one FERC full-time equivalent (FTE) is $172,329/
year (or $83.00/hour).

                                                             FERC-512: (Preliminary Permit)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Annual number                                              Total annual burden    Average annual
                                          Number of     of responses    Total number    Average burden hours &     hours & total annual      cost per
                                         respondents   per respondent   of responses       cost per response               cost             respondent
                                                  (1)             (2)     (1) * (2) =  (4).....................  (3) * (4) = (5)........       (5) / (1)
                                                                                (3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual Reporting and Recordkeeping...              50               1              50  24 hrs.; $1,992.........  1,200 hrs.; $99,600....          $1,992
                                      ------------------------------------------------------------------------------------------------------------------
    Total FERC-512...................              50               1              50  24 hrs.; $1,992.........  1,200 hrs.; $99,600....           1,992
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

    Dated: March 18, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-06087 Filed 3-23-21; 8:45 am]
BILLING CODE 6717-01-P