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                         Benefits Analysis (zip file)
Abstract: RIA Section 4 - Benefits Analysis (monetized health benefits analysis files) (.xlsx file of Section 4 climate benefits available separately)


[Federal Register Volume 79, Number 116 (Tuesday, June 17, 2014)]
[Rules and Regulations]
[Pages 34419-34420]
[FR Doc No: 2014-14174]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0467]

Drawbridge Operation Regulation; Lake Washington Ship Canal,
Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Washington Department of
Transportation (WSDOT) Montlake Bridge across the Lake Washington Ship
Canal, mile 5.2, at Seattle, WA. This deviation allows the bridge to
remain in the closed position to accommodate the safe movement of
``Rock and Roll Run'' event participants.

DATES: This deviation is effective from 11 a.m. to 2 p.m. on June 21,
2014.

ADDRESSES: The docket for this deviation, [USCG-2014-0467] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Steven Fischer, Bridge
Administrator, Thirteenth Coast Guard District; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Cheryl Collins, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The WSDOT requested a temporary deviation
from the operating schedule for the Montlake Bridge across the Lake

Washington Ship Canal, mile 5.2, at Seattle, WA. The requested
deviation is necessary to accommodate safe movement of ``Rock and Roll
Run'' event participants. This deviation allows the Montlake Bridge
across the Lake Washington Ship Canal, mile 5.2, at Seattle, WA to
remain in the closed position and need not open for vessel traffic from
11 a.m. to 2 p.m. on June 21, 2014. Vessels which do not require bridge
openings may continue to transit beneath the bridge during the closure
period.
    The Montlake Bridge crosses the Lake Washington Ship Canal at mile
5.2 and while in the closed position provides 30 feet of vertical
clearance throughout the navigation channel and 46 feet of vertical
clearance throughout the center 60-feet of the bridge; vertical
clearance referenced to the Mean Water Level of Lake Washington.
Vessels which do not require a bridge opening may continue to transit
beneath the bridge during this closure period. Under normal conditions
this bridge opens on signal, subject to the list of exceptions provided
in 33 CFR 117.1051(e). This deviation period is from 9 a.m. to 2 p.m.
June 21, 2014. Waterway usage on the Lake Washington Ship Canal ranges
from commercial tug and barge to small pleasure craft. Mariners will be
notified and kept informed of the bridges' operational status via the
Coast Guard Notice to Mariners publication and Broadcast Notice to
Mariners as appropriate. The bridge will be required to open, if
needed, for vessels engaged in emergency response operations during
this closure period.
    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: June 6, 2014.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2014-14174 Filed 6-16-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: May 12, 2009 (Volume 74, Number 90)]
[Proposed Rules]
[Page 22142-22145]
[DOCID:fr12my09-16]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2009-0252]
RIN 1625-AA08

Special Local Regulation for Marine Event; Temporary Change of
Dates for Recurring Marine Event in the Fifth Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily change the enforcement
period of special local regulations for a recurring marine event in the
Fifth Coast Guard District. These regulations apply to only one
recurring marine event that conducts ``workboat races''. Special local
regulations are necessary to provide for the safety of life on
navigable waters during the event. This action is intended to restrict
vessel traffic in a portion of the York River, VA, during the event.

DATES: Comments and related material must be received by the Coast
Guard on or before June 11, 2009.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0252 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 four 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 proposed
rule, call Dennis Sens, Project Manager, Fifth Coast Guard District,
Prevention Division, at<PHONE_NUMBER> or e-mail at
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking 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-2009-0252), 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 (via 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 delivery, 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 telephone 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-2009-0252'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
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 comments 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-2009-0252 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also 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 notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Background and Purpose

    Marine events are frequently held on the navigable waters within
the boundary of the Fifth Coast Guard District. The on water activities
that typically comprise marine events include sailing regattas, power
boat races, swim races and holiday parades. For a description of the
geographical area of each Coast Guard Sector--Captain of the Port Zone,
please see 33 CFR 3.25.
    This regulation proposes to temporarily change the enforcement
period of special local regulations for a recurring marine event within
the Fifth Coast Guard District. This proposed regulation applies to one
marine event in 33 CFR 100.501, Table to Sec.  100.501.
    On July 12, 2009, the Watermen's Museum of Yorktown, Virginia will
sponsor the ``Watermen's Heritage Festival Workboat Races'', on the
waters of the York River near Yorktown, Virginia. The regulation at 33
CFR 100.501 is effective annually for this river boat race marine
event. The event will consist of approximately 40 traditional
Chesapeake Bay deadrise workboats racing along a marked straight line
race course in heats of 2 to 4 boats for a distance of approximately
1,000 yards. A fleet of spectator vessels is anticipated to gather
nearby to view the competition. Due to the need for vessel control
during the event, the Coast Guard will temporarily restrict vessel
traffic in the event area to provide for the safety of participants,
spectators and other transiting vessels. The regulation at 33 CFR
100.501 would be enforced for the duration of the event. Under
provisions of 33 CFR 100.501, from 9 a.m. to 5:30 p.m. on July 12,
2009, vessels may not enter the regulated area unless they receive
permission from the Coast Guard Patrol Commander.

Discussion of Proposed Rule

    The Coast Guard proposes to temporarily suspend the regulations at
33 CFR 100.501 by changing the date of enforcement in the table to
Sec.  100.501. The Coast Guard proposes to temporarily change the
enforcement period of special local regulations for recurring marine
events within the Fifth Coast Guard District. This regulation applies
to only one marine event listed as number 41 in the Table to Sec.
100.501.

York River, Yorktown, VA.

    The Table to Sec.  100.501, event No. 41 establishes the
enforcement date for the ``Watermen's Heritage Festival Workboat
Races''. This regulation proposes to temporarily change the enforcement
date from ``July--3rd Sunday'' to the second Sunday in July, holding
the marine event on July 12, 2009. The temporary special local
regulations will be enforced from 9 a.m. to 5:30 p.m. on July 12, 2009,
and will restrict general navigation in the regulated area during the
event. The Watermen's Museum of Yorktown, VA, which is the sponsor for
this event, intends to hold this event annually; however, they have
changed the date of the event for 2009 so that it is outside the scope
of the existing enforcement period. Except for participants and vessels
authorized by the Coast Guard Patrol Commander, no person or vessel
will be allowed to enter or remain in the regulated area. These
regulations are needed to control vessel traffic during the event to
enhance the safety of participants, spectators and transiting vessels.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
    Although this proposed rule prevents traffic from transiting a
portion of the York River during specified events, the effect of this
regulation will not be significant due to the limited duration that the
regulated area will be in effect and the extensive advance
notifications that will be made to the maritime community via marine
information broadcasts, local radio stations and area newspapers so
mariners can adjust their plans accordingly. Additionally, this
rulemaking does not change the permanent regulated areas that have been
published in 33 CFR 100.501,

Table to Sec.  100.501. In some cases vessel traffic may be able to
transit the regulated area when the Coast Guard Patrol Commander deems
it is safe to do so.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This rule would affect the following
entities, some of which might be small entities: The owners or
operators of vessels intending to transit or anchor in the York River
where marine events are being held. This regulation will not have a
significant impact on a substantial number of small entities because it
will be enforced only during marine events that have been permitted by
the Coast Guard Captain of the Port. The Captain of the Port will
ensure that small entities are able to operate in the areas where
events are occurring when it is safe to do so. In some cases, vessels
will be able to safely transit around the regulated area at various
times, and, with the permission of the Patrol Commander, vessels may
transit through the regulated area. Before the enforcement period, the
Coast Guard will issue maritime advisories so mariners can adjust their
plans accordingly.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Fifth Coast Guard District
listed under FOR FURTHER INFORMATION CONTACT at the beginning of this
rule. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

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 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.

Taking of Private Property

    This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 0023.1 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on

the human environment. This rule involves implementation of regulations
within 33 CFR Part 100 that apply to organized marine events on the
navigable waters of the United States that may have potential for
negative impact on the safety or other interest of waterway users and
shore side activities in the event area. The category of water
activities includes but is not limited to sail boat regattas, boat
parades, power boat racing, swimming events, crew racing, and sail
board racing. Under figure 2-1, paragraph (34)(h), of the Instruction,
an ``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as
follows:

    Authority:  33 U.S.C. 1233.
    2. In the Table to Sec.  100.501, suspend line No. 41 from July 1,
2009 to July 31, 2009; and
    a. From 9 a.m. to 5:30 p.m., on July 12, 2009, add line No. 63.
    The addition reads as follows:

Sec.  100.501-T05-0252  Special Local Regulations; Recurring Marine
Event in the Fifth Coast Guard District.

* * * * *
    Table To Sec.  100.501.--All coordinates listed in the Table to
Sec.  100.501 reference Datum NAD 1983.

                                   Coast Guard Sector Hampton Roads--COTP Zone
----------------------------------------------------------------------------------------------------------------
            Number                    Date              Event            Sponsor               Location
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
63............................  July 12, 2009...  Watermen's        Watermen's        The waters of the York
                                                   Heritage          Museum of         River, Yorktown,
                                                   Festival          Yorktown, VA.     Virginia, bounded on the
                                                   Workboat Races.                     west by a line drawn
                                                                                along longitude
                                                                                076[deg]31'25'' W,
                                                                                bounded on the east by a
                                                                                line drawn along
                                                                                longitude 076[deg]30'55''
                                                                                W, bounded on the south
                                                                                by the shoreline and
                                                                                bounded on the north by a
                                                                                line drawn parallel and
                                                                                400 yards north of the
                                                                                southern shoreline.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: April 27, 2009.
Fred M. Rosa, Jr.
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E9-10973 Filed 5-11-09; 8:45 am]

BILLING CODE 4910-15-P


(a) First wash. Cover the entire surface with concentrated or industrial strength detergent or non-ionic surfactant solution. Contain and collect all cleaning solutions for proper disposal. Scrub rough surfaces with a scrub brush or scrubbing pad, adding cleaning solution such that the surface is always very wet, such that each 900 cm2 (1 square foot) is washed for 1 minute. Wipe smooth surfaces with a cleaning solution-soaked disposable absorbent pad such that each 900 cm2 (1 square foot) is wiped for 1 minute. Wash any surface <1 square foot for 1 minute. Mop up or absorb the residual cleaner solution and suds with an clean, disposable, absorbent pad until the surface appears dry. This cleaning should remove any residual dirt, dust, grime, or other absorbent materials left on the surface during the first wash.

(b) First rinse. Rinse off the wash solution with 1 gallon of clean water per square foot and capture the rinse water. Mop up the wet surface with a clean, disposable, absorbent pad until the surface appears dry.

(c) Second wash. Follow the procedure in §761.372(a).

(d) Second rinse. Follow the procedure in §761.372(b).

§ 761.378   Decontamination, reuse, and disposal of solvents, cleaners, and equipment.

(a) Decontamination. Decontaminate solvents and non-porous surfaces on equipment in accordance with the standards and procedures in §761.79(b) and (c).

(b) Reuse. A solvent may be reused so long as its PCB concentration is <50 ppm. Decontaminated equipment may be reused in accordance with §761.30(u). Store solvents and equipment for reuse in accordance with §761.35.

(c) Disposal. Dispose of all solvents, cleaners, and absorbent materials in accordance with §761.79(g). Dispose of equipment in accordance with §761.61(a)(5)(v)(A), or decontaminate in accordance with §761.79(b) or (c). Store for disposal equipment, solvents, cleaners, and absorbent materials in accordance with §761.65.

Subpart T -- Comparison Study for Validating a New Performance-Based Decontamination Solvent Under §761.79(d)(4)

Source:   63 FR 35473, June 29, 1998, unless otherwise noted.

§ 761.380   Background.

This subpart provides self-implementing criteria for validating the conditions for use in performance-based decontamination of solvents other than those listed in §761.79(c)(3) and (c)(4). Any person may use this subpart for validating either a chemical formulation or a product with a trade name whether or not the constituents of the product are proprietary.

§ 761.383   Applicability.

Use the self-implementing decontamination procedure only on smooth, non-porous surfaces that were once in contact with liquid PCBs. Decontamination procedures under this subpart shall exactly parallel §761.79(c)(3) and (c)(4), except that the procedures described in §761.79(c)(3)(iii) and (c)(3)(iv) and (c)(4)(iii), (c)(4)(iv) and (c)(4)(vii) may be revised to contain parameters validated in accordance with this subpart.

§ 761.386   Required experimental conditions for the validation study and subsequent use during decontamination.

The following experimental conditions apply for any solvent:

(a) Temperature and pressure. Conduct the validation study and perform decontamination at room temperature (from 15 ̊C to 30 ̊C) and at atmospheric pressure.

(b) Agitation. Limit the movement in the solvent to the short-term movement from placing the contaminated surface into the soak solvent and from removing the surface from the soak solvent.

(c) Time of soak. Soak the surface for a minimum of 1 hour.

(d) Surface conditions for the validation study. Prior to beginning the validation study, ensure that there are no free-flowing liquids on surfaces and that surfaces are dry (i.e., there are no liquids visible without magnification). Also ensure that surfaces are virtually free from non-liquid residues, corrosion, and other defects which would prevent the solvent from freely circulating over the surface.

(e) Confirmatory sampling for the validation study. Select surface sample locations using representative sampling or a census. Sample a minimum area of 100 cm2 on each individual surface in the validation study. Measure surface concentrations using the standard wipe test, as defined in §761.123, from which a standard wipe sample is generated for chemical analysis. Guidance for wipe sampling appears in the document entitled "Wipe Sampling and Double Wash/Rinse Cleanup as Recommended by the Environmental Protection Agency PCB Spill Cleanup Policy," available from the TSCA Assistance Information Service, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

(f) Concentration of PCBs. The method validated may be used only to decontaminate surfaces containing PCBs at concentrations on which the validation study was performed and lower concentrations.

§ 761.389   Testing parameter requirements.

There are no restrictions on the variable testing parameters described in this section which may be used in the validation study. The conditions demonstrated in the validation study for these variables shall become the required conditions for decontamination using the solvent being validated and shall replace the comparable conditions in §761.79(b)(3) through (b)(6). There are limited potential options for varying a single requirement in this section. If you change one of these variable requirements, change it only in the way listed in this section and do not change any other validated conditions. If you desire to change more than one of the requirements in this section, you must conduct a new study to validate the decontamination under the desired conditions.

(a) The study apparatus is not standardized. Critical components of the study are the PCB material (for example MODEF or some other spiking solution), the volume of the soaking solvent, and the area of the contaminated surface. The EPA study used beakers and shallow dishes as the experimental vessels to contain the surface and solvent during the soaking process. In order to minimize surface-to-volume ratios, it is convenient to utilize flat contaminated surfaces and shallow solvent containers. During the validation study, use the same ratio of contaminated surface area to soak solvent volume as would be used during actual decontamination. It is also permissible to use a smaller surface area to soaking solvent volume than used in the validation study, so long as all other required parameters are used as validated in the confirmation required in §761.386 (a) through (f), and paragraphs (a) through (c) of this section. Do not use a larger surface-area-to-solvent-volumes ratio or different kind of solvent based on the results of the validation study.

(b) Except for the minimum soak time of 1 hour (as required in §761.386(c)), the length of soak time is not otherwise restricted in the validation study. The soak time used in the validation study, however, is a use requirement for subsequent decontamination using the solvent being validated. It is permissible to use longer soak times for decontamination than the soak time used in the validation study, if all other parameters required in §761.386, and paragraphs (a) and (c) of this section are used.

(c) There is no restriction on the kind of material containing PCBs to use to create the surface contamination for the validation study. There is also no restriction on the level of starting PCB surface concentration. It is permissible to use lower concentrations of PCB than the concentration used in the validation study, if all other parameters required in §761.386 (a) through (f), and paragraphs (a) through (c) of this section are used.

§ 761.392   Preparing validation study samples.

(a)(1) To validate a procedure to decontaminate a surface contaminated with a spill from liquid of a known concentration, contaminate (spike) the surface to be used in the validation study as follows:

(i) Use a spiking solution made of PCBs mixed with a solvent to contaminate clean surfaces. Clean surfaces are surfaces having PCB surface concentrations <1 g/100 cm2 before intentionally contaminating the surface.

(ii) Prior to contaminating a surface for the validation study, mark the surface sampling area to assure that it is completely covered with the spiking solution.

(iii) Deliver the spiking solution onto the surface, covering all of the sampling area. Contain any liquids which spill or flow off the surface. Allow the spiking solution to drip drain off into a container and then evaporate the spiking solution off the contaminated surface prior to beginning the validation study. Contaminate a minimum of eight surfaces for a complete validation study.

(iv) As a quality control step, test at least one contaminated surface to determine the PCB concentration to verify that there are measurable surface levels of PCBs resulting from the contamination before soaking the surface in the decontamination solvent. The surface levels of PCBs on the contaminated surfaces must be 20 g/100 cm2.

(2) To validate a procedure to decontaminate a specified surface concentrations of PCBs as measured by a standard wipe sample, contaminate a minimum of 10 surfaces. Contaminate all the surfaces identically following the procedures in paragraph (a)(1) of this section and measure the PCB surface concentrations of at least three of the surfaces using a standard wipe test to establish a surface concentration to be included in the standard operating procedure. The surface levels of PCBs on the contaminated surfaces must be 20 g/100 cm2.

(b) [Reserved]

§ 761.395   A validation study.

(a) Decontaminate the following prepared sample surfaces using the selected testing parameters and experimental conditions. Take a standard wipe sample of the decontaminated surface.

(1) At least one uncontaminated surface. The surface levels of PCBs on the uncontaminated surface must be <1 g/100 cm2.

(2) At least seven contaminated surfaces.

(b)(1) Use SW-846, Test Methods for Evaluating Solid Waste methods for sample extraction and chemical analysis as follows: Use Method 3500B/3540C or Method 3500B/3550B for the extraction and cleanup of the extract and Method 8082 for the chemical analysis, or methods validated under subpart Q of this part.

(2) Report all validation study surface sample concentrations on the basis of micrograms of PCBs per 100 cm2 of surface sampled.

(c) Following completion of the validation study, measurements from the contaminated surfaces must have an arithmetic mean of 10 g/100 cm2. If the arithmetic mean is >10 g/100 cm2, then the validation study failed and the solvent may not be used for decontamination under §761.79(d)(4) according to the parameters tested.

§ 761.398   Reporting and recordkeeping.

(a) Submit validation study results to the Director, National Program Chemicals Division (NPCD), (7404), Office of Pollution Prevention and Toxics, 1200 Pennsylvania Ave., NW., Washington, DC, prior to the first use of a new solvent for alternate decontamination under §761.79(d)(4). The use of a new solvent is not TSCA Confidential Business Information (CBI). From time to time, the Director of NPCD will confirm the use of validated new decontamination solvents and publish the new solvents and validated decontamination procedures in the Federal Register.

(b) Any person may begin to use solvent validated in accordance with this subpart at the time results are submitted to EPA.

(c) Record all testing parameters and experimental conditions from the successful validation study into a standard operating procedure (SOP) for reference whenever the decontamination procedure is used. Include in the SOP the identity of the soaking solvent, the length of time of the soak, and the ratio of the soak solvent to contaminated surface area during the soaking process. Also include in the SOP the maximum concentration of PCBs in the spilled material and the identity of the spilled material, and/or the measured maximum surface concentration of the contaminated surface used in the validation study. Record and keep the results of the validation study as an appendix to the SOP. Include in this appendix, the solvent used to make the spiking solution, the PCB concentration of the spiking solution used to contaminate the surfaces in the validation study, and all of the validation study testing parameters and experimental conditions.


[Federal Register: May 8, 2008 (Volume 73, Number 90)]
[Notices]
[Page 26187]
[DOCID:fr08my08-145]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Submission Deadlines for Schedule Information for John
F. Kennedy International Airport and Newark Liberty International
Airport for the Winter 2008/2009 Scheduling Season

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

ACTION: Notice of submission deadline.

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

SUMMARY: Under this notice, the FAA announces May 15, 2008, as the
deadline for submitting schedule information for John F. Kennedy
International Airport (JFK) and Newark Liberty International Airport
(EWR) for the Winter 2008/2009 scheduling season. The FAA previously
designated the airports as Level 3, Coordinated Airports under the
International Air Transport Association (IATA) Worldwide Scheduling
Guidelines. The FAA deadline coincides with the submission deadline
established by IATA for the Winter 2008/2009 Schedules Conference. The
FAA requests schedule information for JFK and EWR for planned flights
from 6 a.m. through 10:59 p.m., Eastern Time, or 1100 UTC through 0359
UTC.

DATES: Schedules must be submitted no later than May 15, 2008.

SUPPLEMENTARY INFORMATION: The FAA adopted an Order limiting scheduled
operations at JFK effective March 30, 2008.\1\ The FAA also has
proposed operating limitation at EWR beginning June 1, 2008,\2\
although a final order has not yet been adopted by the FAA. As noted
above, however, the FAA has already designated both EWR and JFK to be
IATA Level 3, Coordinated Airports, and schedule information for the
winter season should be submitted by the deadline.
---------------------------------------------------------------------------

    \1\ 73 FR 3,510 (Jan. 18, 2008). The FAA published a technical
amendment in the Federal Register on February 14, 2008, 73 FR 8,737.
    \2\ 73 FR 14,552 (Mar. 18, 2008).
---------------------------------------------------------------------------

    The FAA's adopted Order for JFK and the proposed Order for EWR
contemplate the allocation of new capacity by an auction. The details
of an auction are under development and are not expected to be in place
prior to the beginning of the winter scheduling season. As noted in the
proposed and adopted orders, any Operating Authorizations for winter
2008/2009 beyond historic levels or the level approved by the FAA in
the orders' appendices would be assigned without historical precedence
for the following scheduling season.
    The FAA is requesting complete schedule submissions from carriers
that detail changes from their currently approved schedules. This
information may include flight numbers, airport origin and departure
information, proposed arrival and departure times, frequency, equipment
type, effective dates, type of flight (passenger, cargo, charter, etc.)
and other relevant information. Carriers may also indicate there are no
changes from the approved summer schedules. The FAA expects only a
limited number of Operating Authorizations will be available for the
winter scheduling season for new operations or retimed flights during
peak hours.

ADDRESSES: Schedules may be submitted by mail to Slot Administration
Office, AGC-240, Office of the Chief Counsel, 800 Independence Ave.,
SW., Washington, DC 20591; facsimile:<PHONE_NUMBER>; ARINC: DCAYAXD; or
by e-mail to<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: James Tegtmeier, Office of the Chief
Counsel, AGC-40, Federal Aviation Administration, 800 Independence
Avenue, SW., Washington, DC 20591; e-mail<EMAIL_ADDRESS>
    Issued in Washington, DC on May 2, 2008.
Rebecca B. Macpherson,
Assistant Chief Counsel for Regulations.
[FR Doc. 08-1227 Filed 5-2-08; 4:10 pm]

BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 90 (Tuesday, May 10, 2022)]
[Notices]
[Pages 28077-28080]
[FR Doc No: 2022-09961]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94851; File No. SR-PEARL-2022-15]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Adopt Exchange
Rule 532, Order Price Protection Mechanisms and Risk Controls

May 4, 2022.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on April 21, 2022 MIAX PEARL, LLC (``MIAX Pearl''
or the ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a 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 adopt new Exchange Rule 532, Order Price
Protection Mechanisms and Risk Controls, and a new Max Put Price
Protection feature in new proposed Rule 532.
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/pearl at MIAX
PEARL's principal office, and at the Commission's Public Reference
Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for

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

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

1. Purpose
    The Exchange proposes to adopt new Exchange Rule 532, Order Price
Protection Mechanisms and Risk Controls. The Exchange proposes to adopt
a new Managed Protection Override feature, and a new Max Put Price
Protection feature in new proposed Rule 532.
Proposal
Max Put Price Protection (``MPPP'')
    The Exchange proposes to adopt a new price protection for put \3\
options by establishing a maximum price at which a put option may
trade.\4\ To determine the maximum price the Exchange will add a pre-
set value of $0.10 to the strike price of the put option. Buy orders
from an Electronic Exchange Member (``EEM'') \5\ that are priced
through the maximum trading price limit will trade up to, and
including, the maximum trading price limit, and will then be placed on
the Book \6\ and managed to the appropriate trading price limit as
described in Rule 515(d)(2), or cancelled if the Managed Protection
Override (``MPO'') (as described below) is enabled. Sell orders from an
EEM that are priced higher than the maximum trading price limit will be
rejected.
---------------------------------------------------------------------------

    \3\ The term ``put'' means an option contract under which the
holder of the option has the right, in accordance to the terms and
provisions of the option, to sell to the Clearing Corporation the
number of units of the underlying security covered by the option
contract. See Exchange Rule 100.
    \4\ The Exchange notes its affiliate Exchange, the MIAX Options
Exchange, recently adopted this protection. See Securities Exchange
Act Release No. 94353 (March 3, 2022), 87 FR 13339 (March 9, 2022)
(SR-MIAX-2021-58).
    \5\ The term ``Electronic Exchange Member'' or ``EEM'' means the
holder of a Trading Permit who is a Member representing as agent
Public Customer Orders or Non-Customer Orders on the Exchange and
those non-Market Maker Members conducting proprietary trading.
Electronic Exchange Members are deemed ``members'' under the
Exchange Act. See Exchange Rule 100.
    \6\ The term ``Book'' means the electronic book of buy and sell
orders and quotes maintained by the System. See Exchange Rule 100.
---------------------------------------------------------------------------

    Buy orders from a Market Maker (``MM'') \7\ that are priced through
the maximum trading price limit will trade up to, and including, the
maximum trading price limit, then will be placed on the Book and
managed to the appropriate trading price limit as described in Rule
515(d)(2). Sell orders from a Market Maker that are priced higher than
the maximum trading price limit will be displayed.
---------------------------------------------------------------------------

    \7\ The term ``Market Maker'' or ``MM'' means a Member
registered with the Exchange for the purposes of making markets in
option contracts traded on the Exchange and that is vested with the
rights and responsibilities specified in Chapter VI or the MIAX
Pearl Rulebook. See Exchange Rule 100.
---------------------------------------------------------------------------

Example Max Put Price Protection for a Buy Market Order
    An order to buy 10 XYZ Jan 5 Put @market \8\ is received from an
EEM.
---------------------------------------------------------------------------

    \8\ A market order is an order to buy or sell a stated number of
option contracts at the best price available at the time of
execution. A Market Maker may not submit a market order. See
Exchange Rule 516(b).
---------------------------------------------------------------------------

    The current market is:

PBBO \9\ 0.50 (10) x 5.50 (10)
---------------------------------------------------------------------------

    \9\ The term ``PBBO'' means the best bid or offer on MIAX Pearl.
See Exchange Rule 100.

---------------------------------------------------------------------------
    The price protection is:

Put Price Variance (PPV) = $0.10
Max Put Price Protection = (Strike + PPV) = $5.10

    The Max Put Price Protection establishes the maximum trading price
limit at which an order can trade. Because the buy order is priced
through the Max Put Price Protection of $5.10, the order is subject to
management pursuant to 515(d)(2) and is posted to the Book at $5.10.

PBBO 5.10 (10) x 5.50 (10)

Example Max Put Price Protection for a Sell Limit Order
    An order to sell 10 XYZ Jan 5 Put @$5.25 is received from an EEM.
    The current market is:

PBBO 0.50 (10) x 5.50 (10)

    The price protection is:

Put Price Variance (PPV) = $0.10
Put Option = XYZ Jan 5 Put
Max Put Price Protection = (Strike + PPV) = $5.10

    Because the sell order is priced higher than the Max Put Price
Protection of $5.10, the order is rejected.
    For the purposes of the Max Put Price Protection, the Exchange
treats an order to sell a put option priced above the maximum trading
price limit received from Electronic Exchange Members differently than
a similar order received from a Market Maker. Members that are Market
Makers have a heightened obligation on the Exchange and are obligated
to maintain a two-sided market in those option series in which the
Market Maker is registered to trade.\10\ Further, Market Makers are
required to submit continuous bids and offers for the options series in
their appointed classes for a certain percentage of time in each
trading session.\11\ As such, the Exchange treats Market Maker orders
differently than EEM orders, and will not reject an order to sell a put
option from a Market Maker that is priced higher than the maximum
trading price limit.
---------------------------------------------------------------------------

    \10\ See Exchange Rule 604(a)(1).
    \11\ See Exchange Rule 605.
---------------------------------------------------------------------------

Managed Protection Override (``MPO'')
    The Exchange proposes to adopt a new Managed Protection Override
feature which will work in conjunction with the Max Put Price
Protection. Members must contact the Exchange's Help Desk \12\ to
enable the Managed Protection Override feature. When the Max Put Price
Protection is triggered, and if the Managed Protection Override feature
has been enabled, the order subject to the Max Put Price Protection
will be cancelled. The Managed Protection Override is currently only
available for the Max Put Price Protection proposed herein.
---------------------------------------------------------------------------

    \12\ The term ``Help Desk'' means the Exchange's control room
consisting of Exchange staff authorized to make certain trading
determinations on behalf of the Exchange. The Help Desk shall report
to and be supervised by a senior executive officer of the Exchange.
See Exchange Rule 100.
---------------------------------------------------------------------------

    The Exchange believes that offering Members the option to have
their orders either managed by the Exchange or cancelled when the Max
Put Price Protection is triggered gives Members greater flexibility and
control over their orders while retaining the risk protection
functionality. If the Managed Protection Override is enabled the
Exchange will return the unexecuted order to the Member for further
analysis and evaluation. If the Managed Protection Override is not
enabled the Exchange will manage the unexecuted order on behalf of the
Member.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act \13\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \14\ in particular, in that it
is designed to 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

mechanisms of a free and open market and a national market system and,
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

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

Max Put Price Protection
    The Exchange believes that the Max Put Price Protection feature
promotes just and equitable principles of trade, removes impediments to
and perfects the mechanism of a free and open market and a national
market system and, in general, protects investors and the public
interest by providing a risk protection mechanism to prevent trades
from occurring at potentially unwanted or erroneous prices. The
Exchange believes that the Max Put Price Protection feature promotes a
fair and orderly market by mitigating the potential risks associated
with orders trading at potentially erroneous prices.
    The Exchange believes that its proposal to accept and display a
Market Maker order to sell a put that is priced higher than the maximum
trading price limit promotes a free and open market and national market
system as Market Makers on the Exchange have heightened obligations on
the Exchange that Electronic Exchange Members do not, that requires
Market Makers to submit continuous bids and offers in the series to
which they are appointed in order to enhance the depth, liquidity, and
competitiveness of the market.\15\
---------------------------------------------------------------------------

    \15\ See supra notes 10 and 11.
---------------------------------------------------------------------------

Managed Protection Override
    The Exchange believes that the Managed Protection Override feature
promotes just and equitable principles of trade, removes impediments to
and perfects the mechanism of a free and open market and a national
market system and, in general, protects investors and the public
interest by providing a mechanism by which Members may determine the
way their orders are handled when a risk protection is triggered. The
Exchange believes that it has an effective way to manage orders on the
Exchange so that they do not execute at potentially erroneous prices,
however the Exchange believes that giving Members the option to have
their orders cancelled if a risk protection is triggered protects
investors and the public interest. When the Exchange cancels an order,
a Member can make a decision on what to do with that order based on the
then current market conditions and may choose to re-submit the order at
the same or different limit price. Specifically, the Exchange believes
the proposed change will remove impediments to and perfect the
mechanism of a free and open market by providing market participants
with the option to either manage their own orders or have the Exchange
manage their orders when a price protection is triggered which will
promote fair and orderly markets, increase overall market confidence,
and promote the protection of investors.
    The Exchange believes that offering Members the option to have
orders either managed by the Exchange or cancelled when the Max Put
Price risk protection is triggered gives Members greater flexibility
and control over their orders to buy puts while retaining the risk
protection functionality. If the Managed Protection Override is enabled
the Exchange will return the unexecuted order to the Member for further
analysis and evaluation. If the Managed Protection Override is not
enabled the Exchange will manage the unexecuted order on behalf of the
Member.

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.
    Specifically, the Exchange does not believe that the proposed
changes will impose any burden on intra-market competition as the rules
of the Exchange apply equally to all MIAX Pearl Members. The Max Put
Price Protection is applicable to all MIAX Pearl Members that submit an
order to buy a put option. Additionally, any MIAX Pearl Member may
elect to enable the Managed Protection Override functionality to allow
the Exchange to cancel their order when the Max Put Price Protection
risk protection is triggered.
    The Exchange does not believe that its proposal to provide
dissimilar treatment for sell put orders priced above the maximum
trading price limit submitted by EEMs and MMs will impose any burden on
intra-market competition as Market Makers have heightened obligations
on the Exchange and are required to submit continuous bids and offers
in the series to which they are appointed.
    In addition, the Exchange does not believe the proposal will impose
any burden on inter-market competition as the proposal is intended to
protect investors by providing additional price protection
functionality. The Exchange's proposal may promote inter-market
competition as the Exchange's proposal adds additional price protection
features and functionality that may attract additional order flow to
the Exchange, thereby promoting inter-market competition.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \16\ and Rule 19b-4(f)(6) \17\
thereunder.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    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 shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-PEARL-2022-15 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-PEARL-2022-15. This
file number should be included on the

subject line if email is used. To help the Commission process and
review your comments more efficiently, please use only one method. The
Commission will post all comments on the Commission's internet website
(http://www.sec.gov/rules/sro.shtml). Copies of the submission, all
subsequent amendments, all written statements with respect to the
proposed rule change that are filed with the Commission, and all
written communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for website viewing and printing in the Commission's Public
Reference Room, 100 F Street NE, Washington, DC 20549 on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
the filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change. Persons submitting comments are cautioned that we do
not redact or edit personal identifying information from comment
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
PEARL-2022-15, and should be submitted on or before May 31, 2022.
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-09961 Filed 5-9-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: August 15, 2007 (Volume 72, Number 157)]
[CORRECTIONS]
[Page 45866]
[DOCID:fr15au07-151]

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

SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

    Upon Written Request, Copies Available from: US Securities and
Exchange Commission, Office of Investor Education and Assistance,
Washington DC 20549-0213.
    Extension: Rule 301 and Forms ATS and ATS-R, SEC File No. 270-451,
OMB No. 3235-0509.

Correction

    In notice document E7-14845 appearing on page 42139 in the issue of
Wednesday August 1, 2007, make the following correction:
    On page 42139, in the first column, the document heading and the
next seven lines corrected to read as set forth above.

[FR Doc. Z7-14845 Filed 8-14-07; 8:45 am]

BILLING CODE 1505-01-D


[Federal Register: October 21, 2005 (Volume 70, Number 203)]
[Notices]
[Page 61272]
[DOCID:fr21oc05-58]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. QF06-3-000]

JMC Wind, LLC; Notice of Filing

October 17, 2005.
    Take notice that on October 7, 2005, JMC Wind, LLC, 40853 Country
Cross Road 2, Bingham Lake, MN 56118, filed with the Federal Energy
Regulatory Commission an application for certification of a powered
electric generating facility as a qualifying small power production
facility pursuant to 18 CFR 292.207(b) of the Commission's regulations.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing an intervention or protest on or before the intervention
or protest date need not serve motions to intervene or protests on
persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the 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>.
    Comment Date: 5 p.m. eastern time on November 8, 2005.

Magalie R. Salas,
Secretary.
[FR Doc. E5-5837 Filed 10-20-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28536-28537]
[FR Doc No: 2023-09497]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas & Oil Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: PR23-49-000.
    Applicants: Columbia Gas of Ohio, Inc.
    Description: Sec.  284.123 Rate Filing: COH Rates effective 3-30-
2023 to be effective 3/30/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5110.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: RP23-715-000.
    Applicants: Midship Pipeline Company, LLC.
    Description: Compliance filing: Midship Pipeline CP17-458
Compliance Filing to be effective N/A.

    Filed Date: 4/27/23.
    Accession Number: 20230427-5229.
    Comment Date: 5 p.m. ET 5/9/23.

    Docket Numbers: RP23-716-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agmt Update
(Conoco--May 23) to be effective 5/1/2023.
    Filed Date: 4/27/23.
    Accession Number: 20230427-5242.
    Comment Date: 5 p.m. ET 5/9/23.

    Docket Numbers: RP23-717-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Update (SoCal May 2023) to be effective 5/1/2023.
    Filed Date: 4/27/23.
    Accession Number: 20230427-5251.
    Comment Date: 5 p.m. ET 5/9/23.

    Docket Numbers: RP23-718-000.
    Applicants: Cameron Interstate Pipeline, LLC.
    Description: Annual Interruptible Revenue Sharing Report of Cameron
Interstate Pipeline, LLC.
    Filed Date: 4/27/23.
    Accession Number: 20230427-5336.
    Comment Date: 5 p.m. ET 5/9/23.

    Docket Numbers: RP23-719-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Cherokee
AGL--Replacement Shippers--May 2023 to be effective 5/1/2023.
    Filed Date: 4/27/23.
    Accession Number: 20230427-5357.
    Comment Date: 5 p.m. ET 5/9/23.

    Docket Numbers: RP23-720-000.
    Applicants: Gulfstream Natural Gas System, L.L.C.
    Description: Sec.  4(d) Rate Filing: 2023 GNGS TUP/SBA Annual
Filing to be effective 6/1/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5031.
    Comment Date: 5 p.m. ET 5/10/23.

    Docket Numbers: RP23-721-000.
    Applicants: Fayetteville Express Pipeline LLC.
    Description: Compliance filing: Fuel Filing on 4-28-2023 to be
effective N/A.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5035.
    Comment Date: 5 p.m. ET 5/10/23.

    Docket Numbers: RP23-722-000.
    Applicants: ETC Tiger Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: Fuel Filing on 4-28-2023 to be
effective 6/1/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5039.
    Comment Date: 5 p.m. ET 5/10/23.

    Docket Numbers: RP23-723-000.
    Applicants: Colorado Interstate Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Filing (TMV May 23) to be effective 6/1/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5067.
    Comment Date: 5 p.m. ET 5/10/23.

    Docket Numbers: RP23-725-000.
    Applicants: Cameron Interstate Pipeline, LLC.
    Description: Annual Transportation and Imbalances and Cash-Out
Report of Cameron Interstate Pipeline, LLC.
    Filed Date: 4/27/23.
    Accession Number: 20230427-5446.
    Comment Date: 5 p.m. ET 5/9/23.

    Docket Numbers: RP23-726-000.
    Applicants: Cameron Interstate Pipeline, LLC.
    Description: Annual Operational Transactions Report of Cameron
Interstate Pipeline, LLC.
    Filed Date: 4/27/23.
    Accession Number: 20230427-5447.
    Comment Date: 5 p.m. ET 5/9/23.

    Docket Numbers: RP23-727-000.
    Applicants: Cameron Interstate Pipeline, LLC.
    Description: Annual Operational Imbalances and Cash-Out Report of
Cameron Interstate Pipeline, LLC.
    Filed Date: 4/27/23.
    Accession Number: 20230427-5448.
    Comment Date: 5 p.m. ET 5/9/23.

    Docket Numbers: RP23-728-000.
    Applicants: Cameron Interstate Pipeline, LLC.
    Description: Annual Penalty Revenues Report of Cameron Interstate
Pipeline, LLC.
    Filed Date: 4/27/23.
    Accession Number: 20230427-5449.
    Comment Date: 5 p.m. ET 5/9/23.

    Docket Numbers: RP23-729-000.
    Applicants: Gulf South Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmt
(Methanex 42805 to Tenaska 56239) to be effective 5/1/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5099.
    Comment Date: 5 p.m. ET 5/10/23.

    Docket Numbers: RP23-730-000.
    Applicants: Wyoming Interstate Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Update (Castleton) to be effective 6/1/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5116.
    Comment Date: 5 p.m. ET 5/10/23.

    Docket Numbers: RP23-731-000.
    Applicants: Kern River Gas Transmission Company.
    Description: Sec.  4(d) Rate Filing: 2023 April Negotiated Contract
Amendment to be effective 5/1/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5123.
    Comment Date: 5 p.m. ET 5/10/23.

    Docket Numbers: RP23-732-000.
    Applicants: ANR Pipeline Company.
    Description: Sec.  4(d) Rate Filing: Cashout Surchage 2023 to be
effective 6/1/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5169.
    Comment Date: 5 p.m. ET 5/10/23.

    Docket Numbers: RP23-733-000.
    Applicants: Northern Natural Gas Company.
    Description: Sec.  4(d) Rate Filing: 20230428 Negotiated Rate to be
effective 5/1/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5206.
    Comment Date: 5 p.m. ET 5/10/23.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP20-1042-003.
    Applicants: Northern Natural Gas Company.
    Description: Compliance filing: 20230427 2023 Operational Purchase
and Sales Report to be effective N/A.
    Filed Date: 4/27/23.
    Accession Number: 20230427-5329.
    Comment Date: 5 p.m. ET 5/9/23.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 28, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-09497 Filed 5-3-23; 8:45 am]
BILLING CODE 6717-01-P


-----Original Message-----

From: Shelton, Danny <FMCSA>

Sent: Monday, February 14, 2005 4:23 PM

To: Billings, Delmer <RSPA>; Paquet, Ryan <FMCSA>

Subject: FW: Proposed Exemption 12412.pdf

We concur.

From: Lavalle, Diane <RSPA>

Sent: Wednesday, February 02, 2005 1:15 PM

To: Shelton, Danny

Cc: Posten, Ryan <RSPA>

Subject: RE: Proposed Exemption 12412.pdf

Hi Danny,

Here is a draft of the new exemption for your review.

Diane

X66344


[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)]
[Notices]
[Page 52811]
[FR Doc No: 2015-21664]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday,
September 3, 2015 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or her designee, has
certified that, in her opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matter at the Closed Meeting.
    Commissioner Gallagher, as duty officer, voted to consider the
items listed for the Closed Meeting in closed session.
    The subject matter of the Closed Meeting will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims;
    Adjudicatory matters;
    Post-argument discussion; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact the Office of the
Secretary at<PHONE_NUMBER>.

     Dated: August 27, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-21664 Filed 8-28-15; 11:15 am]
 BILLING CODE 8011-01-P


                                 ATTACHMENT E

            Work Sheets used to Calculate Respondent Labor Costs
This attachment is available as part of the electronic docket EPA-HQ-OPP-2016-0630 and is part of the ICR's Supporting Statement.

Respondent Labor Costs

Pesticide Registrants (NAICS 325300)
 Item

                                    Formula

                               Labor Category[2]

                                  Managerial
                                   Technical
                                   Clerical
Unloaded Hourly Rate[1]
 = W
                                    $57.78
                                    $32.73
                                    $19.62
Benefits Percentage[3]
Lb = B/W
                                     46.0%
                                     46.0%
                                     46.0%
Benefits per hour
B = W*Lb
                                    $26.59
                                    $15.06
                                    $9.03
Loaded Hourly Rate
Wb = W + B = W(1+Lb)
                                    $84.37
                                    $47.79
                                    $28.65
Overhead Percentage[4]
Lo = OH/Wb
                                      50%
                                      50%
                                      50%
Overhead per hour
OH = Wb*Lo
                                    $42.19
                                    $23.90
                                    $14.32
Fully Loaded Hourly Rate
Wf = Wb + OH
 = W + B + OH
                                   $126.56
                                    $71.69
                                    $42.97
 Source: Bureau of Labor Statistics, NAICS 325300 Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing, May 2015, http://www.bls.gov/oes/current/naics4_325300.htm
 Standard Occupational Codes:
   Management:  11-0000, Management Occupations
   Technical:        19-0000, Life Physical, and Social Science Occupations
   Clerical:           43-0000, Office and Administrative Support Occupations
 Total benefits/wages based on June 2015 Employer costs for employee compensation, All Civilian nonfarm workers, http://www.bls.gov/news.release/ecec.t02.htm
 U.S. Environmental Protection Agency, EPA Air Pollution Control Cost Manual, Sixth Edition, EPA-452-02-001, January 2002, pp. 2-34.  The loading for indirect costs is within the range of 20-70% of the loaded labor rate (wage + benefits) suggested in EPA guidance.

     Work Sheets used to Calculate EPA and Federal Government Labor Costs
This attachment is available as part of the electronic docket EPA-HQ-OPP-2016-0630 and is part of the ICR's Supporting Statement

EPA and Federal Government Labor Costs
Item
                                    Formula
                               Labor Category[2]

                                  Managerial
                                   Technical
                                Administrative
Unloaded Hourly Rate[1]
= W
                                    $57.02
                                    $37.15
                                    $21.19
Benefits Percentage[3]
Lb = B/W
                                     46.0%
                                     46.0%
                                     46.0%
Benefits per hour
B = W*Lb
                                    $26.24
                                    $17.10
                                    $9.75
Loaded Hourly Rate
Wb = W+B = W(1+Lb)
                                    $83.26
                                    $54.25
                                    $30.94
Overhead Percentage[4]
Lo = OH/Wb
                                      50%
                                      50%
                                      50%
Overhead per hour
OH = Wb*Lo
                                    $41.63
                                    $27.12
                                    $15.47
Fully Loaded Hourly Rate
Wf = Wb+OH = W+B+OH
                                   $124.89
                                    $81.37
                                    $46.41
 Source: Bureau of Labor Statistics, NAICS 999100  -  Federal Executive Branch, May 2015, http://www.bls.gov/oes/current/naics4_999100.htm
 Standard Occupational Codes:
   Management:  11-0000, Management Occupations
   Technical:        19-0000, Life Physical, and Social Science Occupations
   Administrative:           43-0000, Office, Clerical and Administrative Support Occupations
 Total benefits/wages based on June 2015 Employer costs for employee compensation, All Civilian nonfarm workers, ftp://ftp.bls.gov/pub/special.requests/ocwc/ect/ececqrtn.pdf
 U.S. Environmental Protection Agency, EPA Air Pollution Control Cost Manual, Sixth Edition, EPA-452-02-001, January 2002, pp. 2-34.  The loading for indirect costs is within the range of 20-70% of the loaded labor rate (wage + benefits) suggested in EPA guidance.


[Federal Register: December 29, 2006 (Volume 71, Number 250)]
[Notices]
[Page 78423]
[DOCID:fr29de06-62]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP05-420-000]

Bayou Casotte Energy, LLC; Notice of Availability of the Final
Environmental Impact Statement for the Casotte Landing Lng Project

December 22, 2006.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) in cooperation with the U.S. Coast Guard (Coast Guard);
U.S. Army Corps of Engineers (COE); U.S. Environmental Protection
Agency (EPA), U.S. Department of the Interior, Fish and Wildlife
Service (FWS); U.S. Department of Commerce, National Oceanic and
Atmospheric Administration, National Marine Fisheries Service (NOAA
Fisheries); and the Mississippi Department of Marine Resources (MDMR)
has prepared this final Environmental Impact Statement (EIS) for the
construction and operation of the liquefied natural gas (LNG) import
terminal and natural gas pipeline facilities, and including operation
of LNG vessels in the waterway from the territorial seas until moored
at the facility, all referred to as the Casotte Landing LNG Project, as
proposed by Bayou Casotte Energy, LLC in the above-referenced docket.
    This final EIS was prepared to satisfy the requirements of the
National Environmental Policy Act (NEPA). The staff concludes that
approval of the Casotte Landing LNG Project, with appropriate
mitigating measures as recommended, would have limited adverse
environmental impact. The Coast Guard proposed action requiring NEPA,
is issuance of a Letter of Recommendation (LOR) of waterway suitability
for LNG vessel traffic with the conditions referenced in the
Description of the Proposed Action (Section 2.0 in the EIS). The final
EIS evaluates alternatives to the proposed actions (i.e., FERC's
proposed approval of the Project and the Coast Guard's proposed action
of issuing a Letter of Recommendation finding the waterway to be
suitable for LNG vessel traffic with conditions), including the Coast
Guard alternatives, system alternatives, alternative sites for the LNG
import terminal, and pipeline alternatives. The final EIS also contains
our Essential Fish Habitat Assessment.
    The general purpose of the Casotte Landing LNG Project is to
provide up to 1.3 billion cubic feet per day (Bcfd) of natural gas to
markets in the United States.
    The final EIS addresses the potential environmental effects of
construction and operation of the following facilities near the City of
Pascagoula in Jackson County, Mississippi: a ship unloading facility
with a single berth capable of receiving LNG ships with cargo
capacities of up to 200,000 cubic meters (m\3\);
     three 160,000 m\3\ (net capacity) full containment LNG
storage tanks;
     a closed-loop intermediate fluid vaporizer system
utilizing cooling water from the adjacent Chevron Pascagoula Refinery
as a heat source, sized for a normal sendout of 1.3 Bcfd;
     various ancillary buildings and facilities;
     five pipeline interconnects originating from a 1.5-mile-
long, 36-inch-diameter spur ;
     associated pipeline support facilities, including two
meter stations at interconnects with the existing pipeline systems; and
     integrally related nonjurisdictional facilities would
include a natural gas liquid (NGL) extraction system and pipeline,
electric transmission lines, an electric substation, a waste heat water
circulation system, and the relocation of two of the Chevron Pascagoula
Refinery crude oil tanker berths.
    The analysis also includes operation of LNG vessels in the waterway
from the territorial seas until moored at the proposed LNG terminal.
    The final EIS has been placed in the public files of the FERC and
is available for distribution and public inspection at: Federal Energy
Regulatory Commission, Public Reference and Files Maintenance Branch,
888 First Street NE., Room 2A, Washington, DC 20426,<PHONE_NUMBER>.
    A limited number of copies of the final EIS are available from the
Public Reference and Files Maintenance Branch identified above. In
addition, CD copies of the final EIS have been mailed to Federal,
State, and local agencies; elected officials; public interest groups;
individuals and affected landowners; libraries; newspapers; and parties
to these proceedings.
    In accordance with CEQ's regulations implementing NEPA, no agency
decision on a proposed action may be made until 30 days after the EPA
publishes a NOA of the final EIS. However, the CEQ regulations provide
an exception to this rule when an agency decision is subject to a
formal internal process that allows other agencies or the public to
make their views known. In such cases, the agency decision may be made
at the same time the notice of the final EIS is published, allowing
both periods to run concurrently. Should the FERC issue authorization
for the Casotte Landing LNG Project for the proposed action, it would
be subject to a 30-day rehearing period. Therefore, the FERC could
issue its decision concurrently with the EPA's NOA.
    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link.

Click on the eLibrary link, click on ``General Search'' and enter the
docket number excluding the last three digits in the Docket Number
field. Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at:
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY

at<PHONE_NUMBER>. The eLibrary link on the FERC Internet Web site also
provides access to the texts of formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    Information about the project is also available from the Coast
Guard by contacting Captain James Bjostad, Captain of the Port, Sector
Mobile, at<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-22379 Filed 12-28-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: September 16, 2008 (Volume 73, Number 180)]
[Notices]
[Page 53413]
[DOCID:fr16se08-33]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2210-180]

Appalachian Power Company; Notice of Application for Amendment of
License and Soliciting Comments, Motions To Intervene, and Protests

September 10, 2008.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Amendment of license (for variance of
minimum flow release).
    b. Project No.: 2210-180.
    c. Date Filed: August 25, 2008.
    d. Applicant: Appalachian Power Company (licensee).
    e. Name of Project: Smith Mountain Pumped Storage Hydroelectric
Project.
    f. Location: On the Roanoke River, in Bedford, Campbell, Franklin,
Pittsylvania, and Roanoke counties, Virginia.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Teresa P. Rogers, Process Supervisor I,
Appalachian Power Company, P.O. Box No. 2021, Roanoke, VA. 24022.
Telephone<PHONE_NUMBER>.
    i. FERC Contact: CarLisa Linton-Peters, Telephone<PHONE_NUMBER>;
e-mail<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene and protests:
October 24, 2008.
    Please include the project number (P-2210) on any comments or
motions filed. All documents (an original and eight copies) should be
filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426.
    Comments, protests, and interventions may be filed electronically
via the Internet in lieu of paper filings, see 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-filing'' link. The Commission strongly encourages
electronic filings.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency. A copy
of any motion to intervene must also be served upon each representative
of the Applicant specified in the particular application.
    k. Description of Request: Appalachian Power Company (licensee) is
requesting modifications to and an extended continuance of its current
45-day temporary variance of the minimum flow release requirement under
license article 29 for the Smith Mountain Pumped Storage Hydroelectric
Project. As a result of sustained low inflow conditions at the project
and the need to conserve water, Appalachian Power Company, after
consultation with state resource agencies and stakeholders, requests
that it be allowed to modify and continue a temporary flow variance
under several modifying conditions (see licensee's request filed August
25, 2008), until Smith Mountain Lake returns to normal operating
conditions (an adjusted elevation of 795.0 feet).
    Concurrent with this notice, the Commission granted the licensee's
requests (see Order Granting Temporary Amendment of Minimum Flow
Requirement per Article 29, Project No. 2210-177 and -180), but
reserved authority to require changes to project operation based upon
comments received from this public notice.
    l. Location of the Application: The filing is available for
inspection and reproduction at the Commission's Public Reference Room,
located at 888 First Street, NE., Room 2A, Washington, DC 20426, or by
calling<PHONE_NUMBER>, or<PHONE_NUMBER>. This filing may also be
viewed on the Commission's Web site at http://ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docsfiling/esubscription.asp to
be notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3372 or e-mail
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy of
this filing is also available for inspection and reproduction at the
address listed in item (h) above.
    m. Mailing list: Individuals desiring to be included on the
Commission's mailing list should so indicate by writing to the
Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210,
385.211, and 385.214. In determining the appropriate action to take,
the Commission will consider all protests or other comments filed, but
only those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application (see item (j)
above).
    o. Any filing must bear in all capital letters the title
``COMMENTS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as applicable,
and the Project Number of the particular application to which the
filing refers.
    p. Agency Comments: Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments (see item (j) above), it will be presumed to have no comments.
One copy of an agency's comments must also be sent to the Applicant's
representatives.
    q. Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper filings. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
at http://www.ferc.gov under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-21586 Filed 9-15-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: February 2, 2009 (Volume 74, Number 20)]
[Notices]
[Page 5873-5874]
[DOCID:fr02fe09-82]

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

SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon written request, copies available from: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension: Form TH; OMB Control No. 3235-0425; SEC File No. 270-377.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collections
of information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Form TH (17 CFR 239.65, 249.447, 269.10 and 274.404) under the
Securities Act of 1933 (15 U.S.C. 77a et seq.), the Securities Exchange
Act of 1934 (15 U.S.C. 78a et seq.), the Trust Indenture Act of 1939
(15 U.S.C. 77aaa et seq.) and the Investment Company Act of 1940 (15
U.S.C. 80b-1 et seq.) is used by registrants to notify the Commission
that an electronic filer is relying on the temporary hardship exemption
for the filing of a document in paper format that would otherwise be
required to be filed electronically as prescribed by Rule 201(a) of
Regulation S-T. Form TH must be filed every time an electronic filer
experiences unanticipated technical difficulties preventing the timely
preparation and submission of a required electronic filing.
Approximately 70 registrants file Form TH and it takes an estimated
0.33 hours per response for a total annual burden of 23 hours.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to Charles Boucher, Director/
CIO,

Securities and Exchange Commission, C/O Shirley Martinson, 6432 General
Green Way, Alexandria, Virginia 22312; or send an e-mail to: PRA_
<EMAIL_ADDRESS>
    Dated: January 27, 2009.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E9-2119 Filed 1-30-09; 8:45 am]

BILLING CODE 8011-01-P