[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Notices]
[Pages 29454-29455]
[FR Doc No: 2012-11655]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Application for Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of Applications for Special Permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR Part 107,
Subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the application described herein. Each
mode of transportation for which a particular special permit is
requested is indicated by a number in the ``Nature of Application''
portion of the table below as follows: 1--Motor vehicle, 2--Rail
freight, 3--Cargo vessel, 4--Cargo aircraft only, 5--Passenger-carrying
aircraft.

DATES: Comments must be received on or before June 18, 2012.

ADDRESSES: Address Comments To: Record Center, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Copies of the applications are
available for inspection in the Records Center, East Building, PHH-30,
1200 New Jersey Avenue Southeast, Washington, DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with Part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on May 08, 2012.
Donald Burger,
Chief, General Approvals and Permits.

----------------------------------------------------------------------------------------------------------------
                                                                      Regulation(s)         Nature of special
   Application No.          Docket No.             Applicant             affected            permits thereof
----------------------------------------------------------------------------------------------------------------
                                               New Special Permits
----------------------------------------------------------------------------------------------------------------
15610-N.............  ......................  WavesinSolids LLC    49 CFR 180.209,      To authorize the
                                               State College, PA.   180.209(a),          transportation in
                                                                    180.205(c)(f)(g)(i   commerce of certain
                                                                    ),                   gases in DOT 3A, 3AA,
                                                                    173.302a(b)(2)(3)(   3AX, 3AAX and 3T
                                                                    4)(5), 180.213,      cylinders. The
                                                                    180.519(a),          cylinders (tubes) are
                                                                    180.519(b)(c).       retested by acoustic
                                                                                emission and ultrasonic
                                                                                examination (AE/UE)
                                                                                described in paragraph
                                                                                7 below in place of the
                                                                                internal visual
                                                                                inspection and the
                                                                                hydrostatic retest
                                                                                required in Sec.
                                                                                180.205. (modes 1, 2,
                                                                                3)
15621-N.............  ......................  Pacific              49 CFR 107.105(c),   To authorize the
                                               Consolidated         173.302(f)(3)(4)(5   transportation in
                                               Industries, LLC      ), 175.501(e)(3).    commerce of brass-lined
                                               Riverside, CA.                            filament wound
                                                                                cylinders identified as
                                                                                Mobile Oxygen Storage
                                                                                Tanks filled with
                                                                                certain Division 2.1
                                                                                and 2.2 gases. (modes
                                                                                1, 2, 3, 4, 5)
15623-N.............  ......................  Ledwell and Son      49 CFR 173.202,      To authorize the
                                               Enterprises, Inc.    173.203, 173.241,    manufacture, marking,
                                               Texarkana, TX.       173.242.             sale and use of
                                                                                multiple non-DOT
                                                                                specification
                                                                                containers, manifolded
                                                                                together within a frame
                                                                                and securely mounted on
                                                                                a truck chassis, for
                                                                                the transportation in
                                                                                commerce of the
                                                                                materials authorized by
                                                                                this special permit.
                                                                                (mode 1)
15624-N.............  ......................  Desert Air           49 CFR 172.101       To authorize the
                                               Transport            Column (9B).         transportation in
                                               Anchorage, AK.                            commerce of certain
                                                                                Class 1 explosive
                                                                                materials which are
                                                                                forbidden for
                                                                                transportation by air,
                                                                                to be transported by
                                                                                cargo aircraft within
                                                                                the State of Alaska
                                                                                when other means of
                                                                                transportation are
                                                                                impracticable or not
                                                                                available. (mode 4)

15626-N.............  ......................  EC Source Aviation,  49 CFR 49 CFR Parts  To authorize the
                                               LLC Mesa, AZ.        172.101, Column      transportation in
                                                                    (9b),                commerce of certain
                                                                    172.204(c)(3),       hazardous materials by
                                                                    173.27(b)(2),        cargo aircraft
                                                                    175.30(a)(1),        including by external
                                                                    172.200, 172.300,    load in remote areas
                                                                    and 172.400.         without being subject
                                                                                to hazard communication
                                                                                requirements and
                                                                                quantity limitations
                                                                                where no other means of
                                                                                transportation is
                                                                                available. (modes 3, 4)
15628-N.............  ......................  E.I. du Pont de      49 CFR 179.100-      To authorize the
                                               Nemours and          12(c).               transportation in
                                               Company,                                  commerce of hazardous
                                               Wilmington, DE.                           material in tank cars
                                                                                with a manway housing
                                                                                which allows for
                                                                                opening from either of
                                                                                two sides. (mode 2)
15631-N.............  ......................  Atlas Air, Inc.      49 CFR 172.101       To authorize the
                                               Miami, FL.           Column (9B),         transportation in
                                                                    172.204(c)(3),       commerce of Division
                                                                    173.27 (b)(2)(3).    1.1 explosives, which
                                                                                are forbidden, by cargo-
                                                                                only aircraft. (mode 4)
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2012-11655 Filed 5-16-12; 8:45 am]
BILLING CODE 4910-60-M


[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Notices]
[Pages 40082-40083]
[FR Doc No: 2021-15844]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2012-0017]

Reports of Injuries to Employees Operating Mechanical Power
Presses; Extension of the Office of Management and Budget's (OMB)
Approval of an Information Collection (Paperwork) Requirements

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

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning the proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Standard on
Reports of Injuries to Employees Operating Mechanical Power Presses.

DATES: Comments must be submitted (postmarked, sent, or received) by
September 24, 2021.

ADDRESSES:
    Electronically: You may submit comments, including attachments,
electronically at http://www.regulations.gov, the Federal eRulemaking
Portal. Follow the instructions online for submitting comments.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. Documents in the docket are
listed in the http://www.regulations.gov index; however, some
information (e.g., copyrighted material) is not publicly available to
read or download through the website. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office for assistance in
locating docket submissions.
    Instructions: All submissions must include the agency name and the
OSHA docket number for this Federal Register notice (OSHA-2012-0017).
OSHA will place comments and requests to speak, including personal
information, in the public docket, which may be available online.
Therefore, OSHA cautions interested parties about submitting personal
information such as Social Security numbers and birthdates. For further
information on submitting comments, see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Seleda Perryman,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of the continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et
seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the Act or for developing information
regarding the causes and prevention of occupational injuries,
illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires
that OSHA obtain such information with minimum burden upon employers,
especially those operating small businesses, and to reduce to the
maximum extent feasible unnecessary duplication of efforts in obtaining
information (29 U.S.C. 657).
    In the event that a worker is injured while operating a mechanical
power press, 29 CFR 1910.217(g) requires the employer to report, within
30 days of the occurrence, all point-of-operation injuries to the
operators or other employees to either the Director of the Directorate
of Standards and Guidance at OSHA, U.S. Department of Labor,
Washington, DC 20210 or electronically at http://www.osha.gov/pls/oshaweb/mechanical.html; or to the State agency administering a plan
approved by the Assistant Secretary of Labor for Occupational Safety
and Health. This information includes the employer's and worker's
name(s), workplace address and location; injury sustained; task being
performed when the injury occurred; number of operators required for
the operation and the number of operators provided with controls and
safeguards; cause of the incident; type of clutch, safeguard(s), and
feeding method(s) used; and means used to actuate the press stroke.
These reports are a source of up-to-date information on power press
machines. Specifically, this information identifies the equipment used
and conditions associated with these injuries.
    OSHA's Mechanical Power Press injury reporting requirement at
1910.217(g) is a separate injury reporting requirement from OSHA's
severe injury reporting requirements which are part of 1904.39. Under
1904.39, employers must, within 24 hours, report to OSHA any work-
related injury requiring hospitalization as well as work-related
incidents resulting in an amputation or loss of an eye. The Mechanical
Power Press Standard requires employers to report all injuries
involving operation of a power press to OSHA or an appropriate state
agency within 30 days. Injuries that must be reported under 1910.217(g)
include those that are also reportable under 1904.39 as well as those
that are recordable under the recordkeeping standard (29 CFR 1904).

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply.
For example, by using automated or other

technological information collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend the approval of the information
collection requirement contained in the Standard on Reports of Injuries
to Employees Operating Mechanical Power Presses (29 CFR 1910.217(g)).
The agency is requesting an adjustment decrease in the number of burden
hours from 400 to 390, a total reduction of 10 burden hours. The
decrease is due to a decrease in the estimated number of injury reports
caused by mechanical power presses (from 1,190 to 1,170).
    Type of Review: Extension of a currently approved collection.
    Title: Reports of Injuries to Employees Operating Mechanical Power
Presses (29 CFR 1910.217(g)).
    OMB Control Number: 1218-0070.
    Affected Public: Business or other for-profits.
    Number of Respondents: 1,170.
    Frequency of Responses: On occasion.
    Average Time per Response: Various.
    Estimated Total Burden Hours: 390.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. Please
note: While OSHA's Docket Office is continuing to accept and process
submissions by regular mail, due to the COVID-19 pandemic, the Docket
Office is closed to the public and not able to receive submissions to
the docket by hand, express mail, messenger, and courier service. All
comments, attachments, and other material must identify the agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2012-0017). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the agency can attach them
to your comments.
    Due to security procedures, the use of regular mail may cause a
significant delay in the receipt of comments.
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as their social security number
and date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this
website.
    All submissions, including copyrighted material, are available for
inspection and copying at the OSHA Docket Office. Information on using
the http://www.regulations.gov website to submit comments and access
the docket is available at the website's ``User Tips'' link. Contact
the OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>) for
information about materials not available from the website, and for
assistance in using the internet to locate docket submissions.

V. Authority and Signature

    James S. Frederick, Acting Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on July 19, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-15844 Filed 7-23-21; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: January 5, 2006 (Volume 71, Number 3)]
[Notices]
[Page 636-641]
[DOCID:fr05ja06-60]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53034; File No. SR-PCX-2005-139]

Self-Regulatory Organizations; Pacific Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change and
Amendment No. 1 Thereto Relating to the Certificate of Incorporation of
PCX Holdings, Inc.

December 28, 2005.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 19, 2005, the Pacific Exchange, Inc. (``PCX'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by PCX. On December 23, 2005,
PCX filed Amendment No. 1 to the proposed rule change.\3\ PCX filed the
proposed rule change pursuant to Section 19(b)(3)(A) of the Act,\4\ and
Rule 19b-4(f)(6) thereunder,\5\ which renders the proposal effective
upon filing with the Commission. The Commission is publishing this
notice to solicit comments on the proposed rule change, as amended,
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, the Exchange modified the duration of
certain extensions that the Exchange proposed in the original filing
and made certain technical amendments to the original filing.
    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(6).
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 I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    PCX proposes to submit to the Commission a proposed rule change to
extend temporary exceptions from the voting and ownership limitations
in the certificate of incorporation of PCX Holdings, Inc. (``PCXH''), a
Delaware corporation and a parent company of PCX, approved by the
Commission in an order issued on September 22, 2005 (the ``SEC Order'')
\6\, so as to allow (a) Archipelago Holdings, Inc. (``Archipelago''), a
Delaware corporation and the ultimate parent company of PCXH and PCX,
to continue to (i) own Wave Securities, L.L.C. (``Wave'') until January
31, 2006 and (ii) own and operate the ATS Inbound Router Function (as
defined below) of Archipelago Trading Services, Inc. (``ATS'') and the
Inbound Router Clearing Function (as defined below) of Archipelago
Securities, L.L.C. (``Archipelago Securities'') until January 31, 2006,
and (b) Gerald D. Putnam, Chairman and Chief Executive Officer of
Archipelago (``Mr. Putnam''), to own in excess of 5% of Terra Nova
Trading, L.L.C. (``TNT'') and continue to serve as a director of TAL
Financial Services (``TAL'') until January 31, 2006, in each case,
subject to the conditions set forth in this filing.
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    \6\ See Securities Exchange Act Release No. 52497 (September 22,
2005), 70 FR 56949 (September 29, 2005) (the ``SEC Order'').
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, PCX 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. PCX 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
a. PCXH Acquisition and the Amendment of the PCXH Certificate of
Incorporation
    Archipelago operates the Archipelago Exchange (``ArcaEx''), an
open, all-electronic stock market for the trading of equity securities.
On September 26, 2005, Archipelago completed its acquisition of PCXH
and all of its wholly-owned subsidiaries, including PCX and PCXE (the
``PCXH Acquisition''). The PCXH Acquisition was accomplished by way of
a merger of PCXH with a wholly-owned subsidiary of Archipelago, with
PCXH being the surviving corporation in the merger and becoming a
wholly-owned subsidiary of Archipelago.
    The certificate of incorporation of PCXH (as amended to date, the
``PCXH Certificate of Incorporation'') contains various ownership and
voting restrictions on PCXH's capital stock, which are designed to
safeguard the independence of the self-regulatory functions of PCX and
to protect the Commission's oversight responsibilities. In order to
allow Archipelago to own 100% of the capital stock of PCXH, prior to
the completion of the PCXH Acquisition, PCX filed with the Commission a
proposed rule change which sought to, among other things, amend the
PCXH Certificate of Incorporation to create an exception from the
voting and ownership restrictions for Archipelago and certain of its
related persons (the ``Original Rule Filing'').\7\ The Original Rule
Filing, as amended by Amendment No. 1 and Amendment No. 2 thereto, was
approved by the Commission on September 22, 2005\8\ and the amended
PCXH Certificate of Incorporation became effective on September 26,
2005, upon the closing of the PCXH Acquisition.
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    \7\ See Pacific Exchange, Inc., Proposed Rule Change Relating to
the Certificate of Incorporation of PCX Holdings, Inc., PCX Rules,
and Bylaws of Archipelago Holdings, Inc., File No. SR-PCX-2005-90
(August 1, 2005).
    \8\ See SEC Order.
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    Article Nine of the PCXH Certificate of Incorporation provides that
no Person,\9\ either alone or together with its Related Persons,\10\
may own, directly or indirectly, shares constituting more than 40% of
the outstanding shares of any class of PCXH capital stock,\11\ and that
no Person, either alone or together with its Related Persons who is a
trading permit holder of PCX or an equities trading permit holder of
PCXE, may own, directly or indirectly, shares constituting more than
20% of any class of PCXH capital stock.\12\ Furthermore, the PCXH
Certificate of Incorporation provides that, for so long as PCXH
controls, directly or indirectly, PCX, no Person, either alone or with
its Related Persons, may directly or indirectly vote or cause the
voting of shares of PCXH capital stock or give any proxy or consent
with respect to shares representing more than 20% of the voting power
of the issued and outstanding PCXH capital stock.\13\ The PCXH
Certificate of Incorporation also places limitations on the right of
any Person, either alone or with its Related Persons, to enter into any
agreement with respect to the withholding of any vote or proxy.\14\
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    \9\ ``Person'' is defined to mean an individual, partnership
(general or limited), joint stock company, corporation, limited
liability company, trust or unincorporated organization, or any
governmental entity or agency or political subdivision thereof. PCXH
Certificate of Incorporation, Article Nine, Section 1(b)(iv).
    \10\ The term ``Related Person,'' as defined in the PCXH
Certificate of Incorporation, means (i) with respect to any person,
all ``affiliates'' and ``associates'' of such person (as such terms
are defined in Rule 12b-2 under the Act); (ii) with respect to any
person constituting a trading permit holder of PCX or an equities
trading permit holder of PCXE, any broker dealer with which such
holder is associated; and (iii) any two or more persons that have
any agreement, arrangement or understanding (whether or not in
writing) to act together for the purpose of acquiring, voting,
holding or disposing of shares of the capital stock of PCXH. PCXH
Certificate of Incorporation, Article Nine, Section 1(b)(iv).
    \11\ PCXH Certificate of Incorporation, Article Nine, Section
1(b)(i). However, such restriction may be waived by the Board of
Directors of PCXH pursuant to an amendment to the Bylaws of PCXH
adopted by the Board of Directors, if, in connection with the
adoption of such amendment, the Board of Directors adopts a
resolution stating that it is the determination of such Board that
such amendment will not impair the ability of PCX to carry out its
functions and responsibilities as an ``exchange'' under the Act and
is otherwise in the best interests of PCXH and its stockholders and
PCX, and will not impair the ability of the Commission to enforce
said Act, and such amendment shall not be effective until approved
by said Commission; provided that the Board of Directors of PCXH
shall have determined that such Person and its Related Persons are
not subject to any applicable ``statutory disqualification'' (within
the meaning of Section 3(a)(39) of the Act). PCXH Certificate of
Incorporation, Article Nine, Sections 1(b)(i)(B) and 1(b)(i)(C).
    \12\ Id., Article Nine, Section 1(b)(ii).
    \13\ Id., Article Nine, Section 1(c).
    \14\ Id.
---------------------------------------------------------------------------

    PCX proposed and the Commission approved an exception from the
ownership and voting limitations described above to add a new paragraph
at the end of Article Nine of the PCXH Certificate of Incorporation,
which provides that for so long as Archipelago directly owns all of the
outstanding capital stock of PCXH, these ownership and voting
limitations shall not be applicable to the ownership and voting of
shares of PCXH by (i) Archipelago, (ii) any Person which is a Related
Person of Archipelago, either alone or together with its Related
Persons, and (iii) any other Person to which Archipelago is a Related
Person, either alone or together with its Related Persons.\15\ These
exceptions to the ownership and voting limitations, however, shall not
apply to any ``Prohibited Persons,'' \16\ which is defined to mean any
Person that is, or that has a Related Person that is (i) an OTP Holder
or an OTP Firm (as defined in the rules of PCX) \17\ or (ii) an ETP
Holder (as defined in the rules of PCXE),\18\ unless such Person is
also a ``Permitted Person'' under the PCXH Certificate of
Incorporation.\19\ The PCXH Certificate of Incorporation further
provides that any Prohibited Person not covered by the definition of a
Permitted Person who is subject to and exceeds the voting and ownership
limitations imposed by Article Nine as of the date of the closing of
the PCXH Acquisition shall be permitted to exceed the voting and
ownership limitations

imposed by Article Nine only to the extent and for the time period
approved by the Commission.\20\
---------------------------------------------------------------------------

    \15\ PCXH Certificate of Incorporation, Article Nine, Section 4.
    \16\ Id.
    \17\ PCX rules define an ``OTP Holder'' to mean any natural
person, in good standing, who has been issued an Options Trading
Permit (``OTP'') by the Exchange for effecting approved securities
transactions on the Exchange's trading facilities, or has been named
as a Nominee. PCX Rule 1.1(q). The term ``Nominee'' means an
individual who is authorized by an ``OTP Firm'' (a sole
proprietorship, partnership, corporation, limited liability company
or other organization in good standing who holds an OTP or upon whom
an individual OTP Holder has conferred trading privileges on the
Exchange's trading facilities) to conduct business on the Exchange's
trading facilities and to represent such OTP Firm in all matters
relating to the Exchange. PCX Rule 1.1(n).
    \18\ PCXE rules define an ``ETP Holder'' to mean any sole
proprietorship, partnership, corporation, limited liability company
or other organization in good standing that has been issued an
Equity Trading Permit, a permit issued by the PCXE for effecting
approved securities transactions on the trading facilities of PCXE.
PCXE Rule 1.1(n).
    \19\ ``Permitted Person'' is defined to mean (A) any broker or
dealer approved by the Commission after June 20, 2005 to be a
facility (as defined in Section 3(a)(2) of the Act) of PCX; (B) any
Person that has been approved by the Commission prior to it becoming
subject to the provisions of Article Nine of the PCXH Certificate of
Incorporation with respect to the voting and ownership of shares of
PCXH capital stock by such Person; and (C) any Person that is a
Related Person of Archipelago solely by reason of beneficially
owning, either alone or together with its Related Persons, less than
20% of the outstanding shares of Archipelago capital stock. PCXH
Certificate of Incorporation, Article Nine, Section 4.
    \20\ Id.
---------------------------------------------------------------------------

b. Wave
    Wave is an introducing broker for Archipelago's institutional
customers and provides such customers with access to ArcaEx and other
market centers. Because Wave, a broker-dealer and an ETP Holder of
PCXE, is a wholly-owned subsidiary and, consequently, a Related Person,
of Archipelago, it falls within the definition of ``Prohibited
Persons'' under the PCXH Certificate of Incorporation. Consequently,
absent an exception, Archipelago's ownership of PCXH would cause Wave,
as an ETP Holder, to exceed the voting and ownership limitations
imposed by Article Nine of the PCXH Certificate of Incorporation.
Therefore, in connection with the PCXH Acquisition, PCX requested a
temporary exception from the ownership and voting limitations in the
PCX Certificate of Incorporation for Archipelago's ownership of Wave
until December 31, 2005, subject to the condition that during that
interim period Archipelago would continue to maintain and comply with
its current information barriers between Wave, on the one hand, and
PCX, PCXE and other subsidiaries of Archipelago that are facilities of
PCX or PCXE, on the other hand.\21\
---------------------------------------------------------------------------

    \21\ See Original Rule Filing, at 36-37 and Amendment No. 2 to
the Original Rule Filing, at 4 (September 16, 2005) (``Amendment No.
2'').
---------------------------------------------------------------------------

    The Commission approved PCX's rule proposal regarding Wave (the
``Original Wave Exception'').\22\ In the SEC Order, the Commission
stated that the affiliation of an exchange with one of its members that
provides inbound access to the exchange--in direct competition with
other members of the exchange--raises potential conflicts of interest
between the exchange's regulatory responsibilities and its commercial
interests, and the potential for unfair competitive advantage that the
affiliated member could have by virtue of informational or operational
advantages, or the ability to receive preferential treatment.\23\
However, noting that the conditions to be imposed during the interim
period were designed to mitigate potential conflicts of interest and
the potential for unfair competitive advantage, the Commission
concluded that it would be appropriate and consistent with the Act to
allow a limited, temporary exception for Archipelago to continue its
ownership of Wave.\24\ In granting the approval for the Original Wave
Exception, the Commission also noted that in addition to being a member
of PCX, Wave is a member of the National Association of Securities
Dealers, Inc. (``NASD''), a self-regulatory organization (``SRO'') not
affiliated with Archipelago, and the NASD has been designated by the
Commission as the ``Designated Examining Authority'' for Wave pursuant
to Rule 17d-1 of the Act.\25\ Furthermore, during the interim period,
Wave would continue to be covered by the scope of an agreement between
NASD and PCX, which was entered into pursuant to Rule 17d-2 under the
Act \26\ (the ``17d-2 Agreement'') and provides for a plan concerning
the regulatory responsibilities of NASD with respect to certain members
of PCX, including Wave.\27\
---------------------------------------------------------------------------

    \22\ See SEC Order, at 56960.
    \23\ Id. at 56959.
    \24\ Id.
    \25\ Id. Pursuant to Rule 17d-1 under the Act, where a member of
the Securities Investor Protection Corporation is a member of more
than one SRO, the Commission shall designate to one of such
organizations the responsibility of examining such member for
compliance with the applicable financial responsibility rules. In
making such designation, the Commission shall take into
consideration the regulatory capabilities and procedures of the
SROs, availability of staff, convenience of location, unnecessary
regulatory duplication, and such other factors as the Commission may
consider germane to the protection of investors, the cooperation and
coordination among SROs, and the development of a national market
system for the clearance and settlement of securities transactions.
17 CFR 240.17d-1.
    \26\ Rule 17d-2 provides that any two or more SROs may file with
the Commission a plan for allocating among such SROs the
responsibilities to receive regulatory reports from persons who are
members or participants of more than one of such SROs to examine
such persons for compliance, or to enforce compliance by such
persons, with specified provisions of the Act, the rules and
regulations thereunder, and the rules of such SROs, or to carry out
other specified regulatory functions with respect to such persons.
17 CFR 240.17d-2.
    \27\ See SEC Order, at 56959.
---------------------------------------------------------------------------

c. ATS Inbound Router Function and the Inbound Router Clearing Function
    Archipelago currently owns ATS, a wholly-owned subsidiary that is a
broker-dealer and an ETP Holder of PCXE. The business of ATS consists
of, among other things, acting as an introducing broker for non-ETP
Holder broker or dealer clients for securities traded on ArcaEx (the
``ATS Inbound Router Function''). Archipelago Securities, a wholly-
owned subsidiary of Archipelago, is a registered broker-dealer, a
member of the NASD and an ETP Holder. In addition to its other
functions, Archipelago Securities provides clearing functions for
trades executed by the ATS Inbound Router Function (the ``Inbound
Router Clearing Function'').
    Because ATS, a broker-dealer and an ETP Holder of PCXE, is a
wholly-owned subsidiary and, consequently, a Related Person, of
Archipelago, it falls within the definition of ``Prohibited Persons''
under the PCXH Certificate of Incorporation. Consequently, absent an
exception, Archipelago's ownership of PCXH would cause ATS to exceed
the voting and ownership limitations imposed by Article Nine of the
PCXH Certificate of Incorporation. Likewise, because Archipelago
Securities, a broker-dealer and an ETP Holder of PCXE, is a wholly-
owned subsidiary and, consequently, a Related Person, of Archipelago,
and the approvals of Archipelago Securities set forth elsewhere in the
SEC Order were limited in scope and did not include its Inbound Router
Clearing Function, it falls within the definition of ``Prohibited
Persons'' under the PCXH Certificate of Incorporation. Consequently,
absent an exception, Archipelago's ownership of PCXH would cause
Archipelago Securities to exceed the voting and ownership limitations
imposed by Article Nine of the PCXH Certificate of Incorporation.
    Therefore, in connection with the PCXH Acquisition, PCX requested a
temporary exception from the ownership and voting limitations in the
PCX Certificate of Incorporation for Archipelago's ownership and
operation of the ATS Inbound Router Function and the Inbound Router
Clearing Function until the earlier of (i) the closing date of the
merger of Archipelago and the NYSE and (ii) March 31, 2006, subject to
the following conditions: (1) The revenues derived by Archipelago from
the ATS Inbound Router Function will not exceed 7% of the consolidated
revenues of Archipelago (determined on a quarterly basis), (2) the ATS
Inbound Router Function will not accept any new clients following the
closing of Archipelago's acquisition of PCXH; and (3) Archipelago will
continue to maintain and comply with its current information barrier
between the ATS Inbound Router Function on the one hand and PCX, PCXE
and the other subsidiaries of Archipelago that are facilities of PCX or
PCXE on the other hand.\28\ The Commission approved PCX's rule proposal
regarding the ATS Inbound Router Function and the Inbound Router
Clearing Function (the ``Original Inbound Router Exception'').\29\ In
the SEC Order, the Commission stated that the affiliation of an
exchange with one of its members

that provides inbound access to the exchange--in direct competition
with other members of the exchange--raises potential conflicts of
interest between the exchange's regulatory responsibilities and its
commercial interests, and the potential for unfair competitive
advantage that the affiliated member could have by virtue of
informational or operational advantages, or the ability to receive
preferential treatment.\30\ However, noting that the conditions to be
imposed during the interim period were designed to mitigate potential
conflicts of interest and the potential for unfair competitive
advantage, the Commission concluded that it would be appropriate and
consistent with the Act to allow a limited, temporary exception for
Archipelago to continue its ownership of the ATS Inbound Router
Function and the Inbound Router Clearing Function.\31\ In granting the
approval for the Original Inbound Router Exception, the Commission also
noted that in addition to being a member of PCX, ATS is a member of the
NASD and the NASD has been designated by the Commission as the
``Designated Examining Authority'' for ATS pursuant to Rule 17d-1 of
the Act.\32\ Furthermore, during the interim period, ATS would continue
to be covered by the scope of the 17d-2 Agreement,\33\ which provides
for a plan concerning the regulatory responsibilities of NASD with
respect to certain members of PCX, including ATS.\34\
---------------------------------------------------------------------------

    \28\ See Amendment No. 2, at 5-6.
    \29\ See SEC Order, at 56960.
    \30\ Id. at 56959.
    \31\ Id.
    \32\ Id. See supra note 25 for a description of Rule 17d-1 under
the Act.
    \33\ See supra note 26.
    \34\ See SEC Order, at 56959.
---------------------------------------------------------------------------

d. TNT
    TNT is a wholly-owned subsidiary of TAL. Mr. Putnam owns in excess
of 5% of TNT and serves as a director of TAL. Because TNT, a broker-
dealer and an ETP Holder of PCXE, is a Related Person of Archipelago by
virtue of Mr. Putnam's ownership of in excess of 5% of TNT and service
as a director of TAL, it falls within the definition of ``Prohibited
Persons'' under the PCXH Certificate of Incorporation. Consequently,
absent an exception, Archipelago's ownership of PCXH would cause TNT to
exceed the voting and ownership limitations imposed by Article Nine of
the PCXH Certificate of Incorporation. Therefore, in connection with
the PCXH Acquisition, the Commission approved the Exchange's request
for a temporary exception for Mr. Putnam to continue to own in excess
of 5% of TNT and continue to serve as a director of TAL until December
31, 2005 (the ``Original TNT Exception'').\35\ In the SEC Order, the
Commission stated that it believes that such a temporary exception is
appropriate and consistent with the Act because it will eliminate the
affiliation between TNT and Archipelago but allow Mr. Putnam a
reasonable amount of time to effectuate such actions necessary to
eliminate the affiliation.\36\
---------------------------------------------------------------------------

    \35\ See SEC Order, at 56960-61.
    \36\ See SEC Order, at 56960.
---------------------------------------------------------------------------

e. Extension of the Temporary Exceptions
i. Wave
    In accordance with the terms of the Original Wave Exception,
Archipelago has been working to sell its ownership interest in Wave by
December 31, 2005. Archipelago expects to enter into a definitive
agreement for the sale of Wave to a third party prior to December 31,
2005. The definitive agreement will condition the sale of Wave upon the
satisfaction of certain customary conditions to closing specified in
the agreement, and Archipelago would intend to complete the sale as
soon as possible following the satisfaction of such conditions. The
Original Wave Exception expires on December 31, 2005. In light of the
fact that the sale would not be consummated by December 31, 2005, the
Exchange hereby proposes to extend the Original Wave Exception to
January 31, 2006, subject to the same conditions as applied to the
Original Wave Exception described above. Archipelago and the Exchange
believe that this extension would be in keeping with the policy
justifications for the Original Wave Exception outlined above, while
allowing Archipelago to complete the sale of Wave.
ii. ATS Inbound Router Function and the Inbound Router Clearing
Function
    In accordance with the terms of the Original Inbound Router
Exception, Archipelago has been working to sell its ownership interest
in the ATS Inbound Router Function. Archipelago expects to enter into a
definitive agreement for the sale of the ATS Inbound Router Function to
a third party prior to December 31, 2005. The definitive agreement will
condition the sale of the ATS Inbound Router Function upon the
satisfaction of certain customary conditions to closing specified in
the agreement, and Archipelago would intend to complete the sale as
soon as possible following the satisfaction of such conditions. The
Original Inbound Router Exception expires on the earlier of (i) the
closing date of the merger of Archipelago and the NYSE and (ii) March
31, 2006. Given the uncertainty regarding the potential closing date of
the merger of Archipelago and the NYSE, the Exchange hereby proposes to
extend the expiration date of the Original Inbound Router Exception to
January 31, 2006 subject to the same conditions as applied to the
Original Inbound Router Exception described above.\37\ Archipelago and
the Exchange believe that this extension would be in keeping with the
policy justifications for the Original Inbound Router Exception
outlined above, while allowing Archipelago to complete the sale of the
ATS Inbound Router Function.
---------------------------------------------------------------------------

    \37\ The Exchange clarified that it proposes to extend the
Original Inbound Router Exception to January 31, 2006. Telephone
conversation between Janet Angstadt, Deputy General Counsel and
Assistant Corporate Secretary, PCX and Heather Seidel, Senior
Special Counsel, Division of Market Regulation, Commission, on
December 28, 2005 (``Telephone Conversation'').
---------------------------------------------------------------------------

iii. TNT
    In accordance with the terms of the Original TNT Exception, Mr.
Putnam has been working to eliminate the affiliation. Mr. Putnam
expects to enter into a definitive agreement to reduce his ownership in
TNT by January 31, 2006. The definitive agreement will condition the
transaction upon the satisfaction of certain customary conditions to
closing specified in the agreement, and Mr. Putnam would intend to
complete the transaction as soon as possible following the satisfaction
of such conditions; once the transaction is completed, Mr. Putnam would
also cease serving as a director of TAL. The Original TNT Exception
expires on December 31, 2005. In light of the fact that the
transactions would not be consummated by December 31, 2005, the
Exchange hereby proposes to extend the Original TNT Exception until
January 31, 2006, subject to the same conditions as applied to the
Original TNT Exception described above.\38\ In proposing such
extension, Archipelago and the Exchange note that the NASD is the
``Designated Examining Authority'' for TNT pursuant to Rule 17d-1 of
the Act. Furthermore, during the interim period, TNT would continue to
be covered by the scope of the 17d-2 Agreement, which provides for a
plan concerning the regulatory responsibilities of NASD with respect to
certain members of PCX, including TNT. Archipelago and the Exchange
believe that this extension would be in

keeping with the policy justifications for the Original TNT Exception
outlined above, while allowing Mr. Putnam a reasonable amount of time
to effectuate the actions necessary to eliminate the affiliation
between TNT and Archipelago.
---------------------------------------------------------------------------

    \38\ The Exchange acknowledges that the Original TNT Exception
was not subject to any conditions. Telephone Conversation.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change in this filing,
as amended, is consistent with Section 6(b) of the Act,\39\ in general,
and furthers the objectives of Section 6(b)(1),\40\ in particular, in
that it enables the Exchange to be so organized so as to have the
capacity to be able to carry out the purposes of the Act and to comply,
and (subject to any rule or order of the Commission pursuant to Section
17(d) or 19(g)(2) of the Act) to enforce compliance by its exchange
members and persons associated with its exchange members, with the
provisions of the Act, the rules and regulations thereunder, and the
rules of the Exchange. The Exchange also believes that this filing, as
amended, furthers the objectives of Section 6(b)(5),\41\ in particular,
because the rules summarized herein would create a governance and
regulatory structure with respect to the operation of the business of
PCX that is designed to help prevent fraudulent and manipulative acts
and practices; to promote just and equitable principals of trade; to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities; and to remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest.
---------------------------------------------------------------------------

    \39\ 15 U.S.C. 78f(b).
    \40\ 15 U.S.C. 78f(b)(1).
    \41\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    Written comments on the proposed rule change 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, as amended, does not:
(i) Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \42\ and Rule 19b-
4(f)(6) thereunder.\43\
---------------------------------------------------------------------------

    \42\ 15 U.S.C. 78s(b)(3)(A).
    \43\ 17 CFR 240.19b-4(f)(6). Pursuant to Rule 19b-4(f)(6)(iii)
under the Act, the Exchange is required to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Commission has determined to waive this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.\44\
---------------------------------------------------------------------------

    \44\ The effective date of the original proposed rule change is
December 19, 2005, and the effective date of the amendment is
December 23, 2005. For purposes of calculating the 30-day operative
delay and the 60-day period within which the Commission may
summarily abrogate the proposed rule change, as amended, under
Section 19(b)(3)(C) of the Act, the Commission considers the period
to commence on December 23, 2005, the date on which the Exchange
submitted Amendment No. 1. See 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

    PCX has asked the Commission to waive the 30-day operative delay.
The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
Because the Original Wave Exception and the Original TNT Exception each
expire on December 31, 2005, and the Original Inbound Router Exception
expires on the earlier of (i) the closing date of the merger of
Archipelago and the NYSE (which date is uncertain) and (ii) March 31,
2006, such waiver will allow each of Wave, ATS (with respect to the ATS
Inbound Router Function), Archipelago Securities (with respect to the
Inbound Router Clearing Function), and TNT to remain in compliance with
the voting and ownership limitations in the PCXH Certificate of
Incorporation. The Commission notes that the Exchange has represented
that Archipelago expects to enter into a definitive agreement for the
sale of Wave and for the sale of the ATS Inbound Router Function by
December 31, 2005, and that Mr. Putnam expects to enter into a
definitive agreement to reduce his ownership in TNT by January 31,
2006. Therefore, the time period for each of the extensions is short
and will terminate on January 31, 2006. In addition, the Commission
notes that the following protections are and will continue to be in
place during the interim period: (i) Wave, ATS, and TNT are members of
the NASD as well as PCX, (ii) the NASD is the Designated Examining
Authority for Wave, ATS, and TNT pursuant to Rule 17d-1 of the Act, and
(iii) Wave, ATS, and TNT are, and will continue to be during the
extension, covered by the scope of the 17d-2 Agreement. Further,
Archipelago's ownership and operation of Wave, the ATS Inbound Router
Function of ATS, and the Inbound Router Clearing Function of
Archipelago Securities will continue to be subject to the same
conditions as the Original Wave Exception and the Original Inbound
Router Exception, as described above and as approved by the Commission
in the SEC Order.
    For these reasons, the Commission designates the proposal to be
effective and operative upon filing with the Commission.\45\
---------------------------------------------------------------------------

    \45\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-PCX-2005-139 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-9303. All submissions should refer to
File Number SR-PCX-2005-139. This file number should be included on the
subject line if e-mail is used. To help the Commission process and
review your comments more efficiently, please use only one method. The
Commission will

post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent

amendments, all written statements with respect to the proposed rule
change that are filed with the Commission, and all written
communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for inspection and copying in the Commission's Public
Reference Room. Copies of such filing also will be available for
inspection and copying at the principal office of the PCX. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-PCX-2005-139 and should be
submitted on or before January 26, 2006.
---------------------------------------------------------------------------

    \46\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\46\
Nancy M. Morris,
Secretary.
 [FR Doc. E5-8298 Filed 1-4-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Notices]
[Pages 41778-41779]
[FR Doc No: 2011-17842]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER11-3635-001.
    Applicants: Hatch Solar Energy Center I, LLC.
    Description: Hatch Solar Energy Center I, LLC submits tariff filing
per 35.17(b): Amendment to Hatch Solar Energy Center I, LLC's MBR
Tariff to be effective 5/26/2011.
    Filed Date: 07/07/2011.
    Accession Number: 20110707-5132.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 28, 2011.

    Docket Numbers: ER11-4008-000.
    Applicants: Public Service Company of New Mexico.
    Description: Public Service Company of New Mexico submits tariff
filing per

35.13(a)(2)(iii: Rate Schedule 117 Base Line and Supplement 1 to be
effective 9/7/2011.
    Filed Date: 07/07/2011.
    Accession Number: 20110707-5004.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 28, 2011.

    Docket Numbers: ER11-4009-000.
    Applicants: NorthWestern Corporation.
    Description: NorthWestern Corporation submits tariff filing per
35.13(a)(2)(iii: Non-Conforming Service Agreement 593, SGIA with Gordon
Butte Wind, LLC to be effective 7/1/2011.
    Filed Date: 07/07/2011.
    Accession Number: 20110707-5120.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 28, 2011.

    Docket Numbers: ER11-4010-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits tariff filing per
35.13(a)(2)(iii: Non-Queued ISA; Original Service Agreement No. 2964 to
be effective 6/9/2011.
    Filed Date: 07/07/2011.
    Accession Number: 20110707-5133.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 28, 2011.

    Docket Numbers: ER11-4011-000.
    Applicants: Black Hills Colorado IPP, LLC.
    Description: Black Hills Colorado IPP, LLC submits tariff filing
per 35.13(a)(2)(iii: Black Hills Colorado IPP, LLC, Revised Tariff to
be effective 6/1/2011.
    Filed Date: 07/07/2011.
    Accession Number: 20110707-5135.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 28, 2011.

    Docket Numbers: ER11-4012-000.
    Applicants: Alabama Power Company.
    Description: Alabama Power Company submits tariff filing per
35.13(a)(2)(iii: Black Warrior--eTariff Viewer Section Title Correction
Filing to be effective 1/1/2011.
    Filed Date: 07/07/2011.
    Accession Number: 20110707-5136.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 28, 2011.

    Docket Numbers: ER11-4013-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits tariff filing per
35.13(a)(2)(iii: Queue Position No. P-11--Original Service Agreement
No. 2961 to be effective 6/15/2011.
    Filed Date: 07/07/2011.
    Accession Number: 20110707-5137.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 28, 2011.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES11-39-000.
    Applicants: ISO New England Inc.
    Description: Application of ISO New England Inc. under Section 204
of the Federal Power Act for an Order Authorizing Future Drawdowns.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5276.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 21, 2011.

    Take notice that the Commission received the following land
acquisition reports:

    Docket Numbers: LA11-2-000.
    Applicants: Indigo Generation, LLC, Larkspur Energy LLC, Wildflower
Energy LP
    Description: Notice of Site Acquisitions of Indigo Generation LLC,
et al.
    Filed Date: 07/07/2011.
    Accession Number: 20110707-5087.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 28, 2011.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed 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>.

    Dated: July 8, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-17842 Filed 7-14-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Proposed Rules]
[Pages 30081-30082]
[FR Doc No: 2011-12766]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9310-7]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Partial Deletion of the California Gulch
Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) Region 8 is issuing
a Notice of Intent to Partially Delete the remaining portions of
Operable Unit 9 (OU9), the Residential Populated Areas, of the
California Gulch Superfund Site (Site), located in Lake County,
Colorado, from the National Priorities List (NPL) and requests public
comments on this proposed action. The NPL, promulgated pursuant to
section 105 of the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) of 1980, as amended, is an appendix of the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP).
The EPA and the State of Colorado, through the Colorado Department of
Public Health and Environment (CDPHE), have determined that all
appropriate response actions at these identified parcels under CERCLA,
other than operation, maintenance, and five-year reviews (include if
applicable), have been completed. However, this deletion does not
preclude future actions under Superfund.
    This partial deletion pertains to the remaining portions of OU9,
the Residential Populated Areas. Subunits A and B, residential waste
rock piles, and the parks and playgrounds within Operable Unit 9 were
partially deleted from the NPL on January 30, 2002. In addition, OU2,
OU8, and OU10 have been partially deleted from the NPL. The Yak Tunnel
(OU1), D&RGW Slag Piles and Easement (OU3), Upper California Gulch
(OU4), ASARCO Smelter/Colorado Zinc-Lead Mill Site (OU5), Stray Horse
Gulch (OU6), Apache Tailing (OU7), Arkansas River Floodplain (OU11),
and Site-wide Surface and Groundwater Quality (OU12) will remain on the
NPL and are not being considered for deletion as part of this action.

DATES: Comments must be received by June 23, 2011.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1983-0002, by one of the following methods:
     http://www.regulations.gov. Follow online instructions for
submitting comments.
     E-mail: Linda Kiefer<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>
     Mail: Linda Kiefer, Remedial Project Manager,
Environmental Protection Agency, Region 8, Mail Code 8EPR-SR, 1595
Wynkoop Street, Denver, CO 80202-1129
     Hand delivery: Environmental Protection Agency, Region 8,
Mail Code 8EPR-SR, 1595 Wynkoop Street, Denver, CO 80202-1129. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
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in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
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Docket

    All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statue. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at: U.S. EPA Region 8,
Superfund Records Center, 1595 Wynkoop Street, Denver, CO 80202. (303)
312-6473 or toll free<PHONE_NUMBER>; Viewing hours: 8:00 a.m. to 4:30
p.m., Monday through Friday, excluding holidays; and Lake County Public
Library, 1115 Harrison Avenue, Leadville, CO 80461,<PHONE_NUMBER>

FOR FURTHER INFORMATION CONTACT: Linda Kiefer, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 8, Mailcode EPR-
SR, 1595 Wynkoop Street, Denver, CO 80202-1129,<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' Section of
today's Federal Register, we are publishing a direct final Notice of
Partial Deletion for the remaining portions of Operable Unit 9 (OU9),
the Residential Populated Areas, of the California Gulch Superfund Site
(Site) without prior Notice of Intent for Partial Deletion because EPA
views this as a noncontroversial revision and anticipates no adverse
comment. We have explained our reasons for this partial deletion in the
preamble to the direct final Notice of Partial Deletion, and those
reasons are incorporated herein. If we receive no adverse comment(s) on
this partial deletion action, we will not take further action on this
Notice of Intent for Partial Deletion. If we receive adverse
comment(s), we will withdraw the direct final Notice of Partial
Deletion and it will not take effect. We will, as appropriate, address
all public comments in a subsequent final Notice of Partial Deletion
based on this Notice of Intent for Partial Deletion. We will not
institute a second comment period on this Notice of Intent for Partial
Deletion. Any parties interested in commenting must do so at this time.
    For additional information, see the direct final Notice of Partial
Deletion which is located in the Rules section of this Federal
Register.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Authority:  33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923; 3 CFR, 1987 Comp., p. 193.

    Dated: May 10, 2011.
James Martin,
Regional Administrator, Region 8.
[FR Doc. 2011-12766 Filed 5-23-11; 8:45 am]
BILLING CODE 6560-50-P


" Satterlee, Kent S SEPCO" To: Carey Johnston/ DC/ USEPA/ US@ EPA < kent. satterlee@ s cc:

hell. com> Subject: RE: two quick questions related to O& G operations...

06/ 09/ 2004 09: 14 AM Q1: Yes, we do shut in production facilities offshore to do planned/ scheduled maintenance.

Q2: On average a facility experiences 1 2 planned/ scheduled shut ins a year of varying duration. On average a typical shut in would be 2 3 days depending on the scope of work. This does not include unplanned shut ins to address critical maintenance items.

Kent Satterlee, III Offshore Regulatory Coordinator  EP Americas Shell Exploration and Production Company ( SEPCo) P. O. Box 61933 New Orleans, LA. 70161 Phone: ( 504) 728 4143 Fax: ( 504) 728 4573 Email: kent. satterlee@ shell. com Per applicable services agreement  Original Message From: Johnston. Carey@ epamail. epa. gov [ mailto: Johnston. Carey@ epamail. epa. gov] Sent: Tuesday, June 08, 2004 2: 33 PM To: Satterlee, Kent S SEPCO Subject: two quick questions related to O& G operations... Kent:

Here are two quick questions related to offshore oil and gas operations that I hope you can help answer. Please let me know if you'll be able to answer these questions and the ETA. Thanks!

Q1. Is it typical for an offshore oil and gas extraction fixed facility ( e. g., TLP, Spar) to shut in periodically for production maintenance?

Q2. If yes, at what frequency would this occur and for how long ( X times a year and on average Y days of downtime)?

Sincerely,

Carey A. Johnston, P. E. U. S. EPA, Office of Water ph: ( 202) 566 1014 fx: ( 202) 566 1053 johnston. carey@ epa. gov


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Endocrine
      Disruptor Screening and Testing Advisory Committee (EDSTAC) Final Report

The EDSTAC Report was developed through a deliberative process that
      encouraged the development of consensus solutions to complex problems and
      issues related to developing an Endocrine Disruptor Screening Program. The
      report is broken into several PDF files that can be accessed using the
      following links:

Table
      Contents [PDF, 7pp., 46KB, About PDF]
Executive
      Summary [PDF, 19pp., 105KB, About PDF]
Chapter
      1: Overview [PDF, 6pp., 38KB, About PDF]
Chapter
      2: Background [PDF, 14pp., 85KB, About PDF]
Chapter
      3: Conceptual Framework and Principles [PDF,20pp., 138KB, About PDF]
Chapter
      4: Priority Setting [PDF, 92pp., 614KB, About PDF]
Chapter
      5: Screening and Testing [PDF, 95pp., 625KB, About PDF]
Chapter
      5 Tables 5.6 and 5.7 [PDF, 2pp., 10KB, About PDF]
Figure
      5.1 [PDF, 1pp., 6KB, About PDF]
Chapter
      6: Communications and Outreach [PDF, 23pp., 146KB, About PDF]
Figure
      6.1 [PDF, 3pp., 14KB, About PDF]
Chapter
      7: Summary of Recommendations [PDF, 26pp., 180KB, About PDF]
Figure
      7.1 [PDF, 6pp., 17KB, About PDF]
Appendix
      A [PDF, 9pp., 21KB, About PDF]
Appendix
      B [PDF, 2pp., 18KB, About PDF]
Appendix
      C [PDF, 4pp., 28KB, About PDF]
Appendix
      D [PDF, 3pp., 26KB, About PDF]
Appendix
      E [PDF, 4pp., 25KB, About PDF]
Appendix
      F [PDF, 1pp., 15KB, About PDF]
Appendix
      G [PDF, 31pp., 272KB, About PDF]
Appendix
      H [PDF, 5pp., 42KB, About PDF]
Appendix
      I [PDF, 8pp., 54KB, About PDF]
Appendix
      J [PDF, 16pp., 143KB, About PDF]
Appendix
      K [PDF, 59pp., 420KB, About PDF]
Appendix
      L [PDF, 58pp., 544KB, About PDF]
Appendix
      M [PDF, 7pp., 73KB, About PDF]
Appendix
      N [PDF, 3pp., 29KB, About PDF]
Appendix
      O [PDF, 3pp., 32KB, About PDF]
Appendix
      P [PDF, 6pp., 311KB, About PDF]
Appendix
      Q [PDF, 24pp., 175KB, About PDF]
Appendix
      R [PDF, 3pp., 32KB, About PDF]
Appendix
      S, 1 of 5 [PDF, 6pp., 462KB, About PDF]
Appendix
      S, 2 of 5 [PDF, 5pp., 512KB, About PDF]
Appendix
      S, 3 of 5 [PDF, 5pp., 430KB, About PDF]
Appendix
      S, 4 of 5 [PDF, 5pp., 353KB, About PDF]
Appendix
      S, 5 of 5 [PDF, 7pp., 558KB, About PDF]
Appendix
      T [PDF, 2pp., 26KB, About PDF]
Appendix
      U [PDF, 43pp., 245KB, About PDF]

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