[Federal Register Volume 78, Number 214 (Tuesday, November 5, 2013)]
[Proposed Rules]
[Pages 66326-66327]
[FR Doc No: 2013-26402]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 173, 174, 178, 179, and 180

[Docket No. PHMSA-2012-0082 (HM-251)]
RIN 2137-AE91

Hazardous Materials: Rail Petitions and Recommendations To
Improve the Safety of Railroad Tank Car Transportation (RRR)

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

ACTION: Advance Notice of Proposed Rulemaking (ANPRM), extension of
comment period.

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SUMMARY: PHMSA is notifying the public of our intent to extend the
comment period by 30 days for a notice of proposed rulemaking published
on September 6, 2013.

DATES: The comment period for the ANPRM closing on November 5, 2013 is
extended until December 5, 2013. To the extent possible, PHMSA will
consider late-filed comments during the next stage of the rulemaking
process.

ADDRESSES: You may submit comments identified by the docket number
(PHMSA-2012-0082) by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: To Docket Operations, Room W12-140 on the
ground floor of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Instructions: All submissions must include the agency name and
docket number for this notice at the beginning of the comment. Note
that all comments received will be posted without change to the docket
management system, including any personal information provided.
    Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov, or DOT's Docket
Operations Office (see ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Karl Alexy,<PHONE_NUMBER>, Office of
Safety Assurance and Compliance, Federal Railroad Administration or Ben
Supko,<PHONE_NUMBER>, Standards and Rulemaking Division, Pipeline and
Hazardous Materials Safety Administration, US Department of
Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    On September 6, 2013, PHMSA published a notice of proposed
rulemaking (ANPRM; 78 FR 54849) seeking public comments on whether
issues raised in eight petitions and four NTSB recommendations would
enhance safety, revise, and clarify the Hazardous Materials Regulations
(HMR; 49 CFR parts 171-180) with regard to rail transport.
Specifically, we requested comments on important amendments that would:
(1) Enhance the standards

for DOT Specification 111 tank cars used to transport Packing Group I
and II hazardous materials; (2) explore the feasibility of additional
operational requirements to enhance the safe transportation of Packing
Group I and II hazardous materials; (3) afford DOT greater discretion
to authorize the movement of non-conforming tank cars; (4) correct
regulations that allow an unsafe condition associated with pressure
relief valves (PRV) on rail cars transporting carbon dioxide,
refrigerated liquid; (5) revise outdated regulations applicable to the
repair and maintenance of DOT Specification 110, DOT Specification 106,
and ICC 27 tank car tanks (ton tanks); and (6) except rupture discs
from removal if the inspection itself would damage, change, or alter
the intended operation of the device.

II. Comment Period Extension

    We received a request to extend the comment period by 90-days from
the Sierra Club on behalf of Climate Parents, Columbia Riverkeeper,
ForestEthics, Friends of Earth, Natural Resources Defense Council, Oil
Change International, San Francisco Baykeeper, Spokane Riverkeeper,
Washington Environmental Council, and the Waterkeeper Alliance. The
request indicates that the primary basis for extension is to allow the
public a meaningful review of these proposed changes in rail safety,
especially regarding tank cars transporting crude oil and tar sands
while highlighting several recent tank car incidents. The request also
indicates that the recent government shutdown prevented communication
with DOT staff for review of the technical proposals during the initial
60-day comment period.
    Although PHMSA normally considers an initial 60-day comment period
sufficient time to review and respond to rulemaking proposals, due to
PHMSA's desire to collect meaningful input from a number of potentially
affected stakeholders, PHMSA is consenting to the commenter request to
extend the comment period to ensure sufficient time for public review.
However, we do not consider a 90-day extension to be warranted.
Accordingly, in the interest of moving this rulemaking action forward
in a timely manner, we believe, extending the comment period by 30 days
would allow sufficient to time to conduct a thorough review.
    Privacy Act: Anyone is able to search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) or you
may visit http://www.regulations.gov.

    Issued in Washington, DC, on October 30, 2013 under authority
delegated in 49 CFR 1.97.
 Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2013-26402 Filed 11-4-13; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Notices]
[Page 66897]
[FR Doc No: 2015-27675]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Commission Staff Attendance

    The Federal Energy Regulatory Commission (Commission) hereby gives
notice that members of the Commission's staff may attend the following
meeting related to the transmission planning activities of the New York
Independent System Operator, Inc.

The New York Independent System Operator, Inc. Electric System Planning
Working Group Meeting

October 29, 2015, 10:00 a.m.-4:00 p.m. (EST)

    The above-referenced meeting will be via Web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/markets_operations/services/planning/index.jsp.

The New York Independent System Operator, Inc. Electric System Planning
Working Group Meeting

November 10, 2015, 10:00 a.m.-4:00 p.m. (EST)

    The above-referenced meeting will be via Web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/markets_operations/services/planning/index.jsp.
    The discussions at the meeting described above may address matters
at issue in the following proceedings:

New York Independent System Operator, Inc., Docket No. ER13-102.
ISO New England Inc., et al., Docket Nos. ER13-1957, et al.
ISO New England Inc., Docket Nos. ER13-193 and ER13-196.
New York Independent System Operator, Inc., Docket No. ER15-2059.
New York Power Authority, Docket No. ER15-2102.
New York Transco, LLC, Docket No. ER15-572.
    For more information, contact James Eason, Office of Energy Market
Regulation, Federal Energy Regulatory Commission at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
    Dated: October 23, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-27675 Filed 10-29-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 102 (Friday, May 28, 2021)]
[Notices]
[Page 28823]
[FR Doc No: 2021-11336]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2936-008]

City of Rock Island, Illinois; Notice of Application for
Surrender of Exemption, Soliciting Comments, Motions To Intervene, and
Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Application for surrender of exemption.
    b. Project No: P-2936-008.
    c. Date Filed: April 21, 2021.
    d. Applicant: City of Rock Island, Illinois.
    e. Name of Project: Sears Hydroelectric Project.
    f. Location: The project is located on the Rock River in the City
of Rock Island, Rock Island County, Illinois. The project does not
occupy any federal lands.
    g. Filed Pursuant to: Public Utility Regulatory Policies Act of
1978, 16 U.S.C. 2705, 2708.
    h. Applicant Contact: Michael Bartels, City of Rock Island, IL,
1309 Mill Street, Rock Island, IL 61201,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    i. FERC Contact: Diana Shannon,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: June 21, 2021.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>(866) 208-3676 (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The first page of any filing should
include the docket number P-2936-008. Comments emailed to Commission
staff are not considered part of the Commission record.
    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.
    k. Description of Request: The applicant proposes to surrender its
exemption. The applicant states the project has been off-line since
December 2018 and has become uneconomical to operate. The applicant
proposes to decommission the project by removing the power generating
equipment, except for the turbines, from the powerhouse. The dams and
powerhouse, owned by the state, would remain in place and no ground
disturbing activities would occur.
    l. Locations of the Application: This filing may be viewed on the
Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. Agencies may
obtain copies of the application directly from the applicant.
    m. 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, .211,
.214, respectively. 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.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: May 21, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-11336 Filed 5-27-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Pages 92811-92812]
[FR Doc No: 2016-30545]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER17-532-000]

PPA Grand Johanna LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding
PPA Grand Johanna LLC`s application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to

intervene or protest must serve a copy of that document on the
Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is January 3, 2017.
    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
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic 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
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: December 13, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-30545 Filed 12-19-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 94 (Thursday, May 15, 2014)]
[Notices]
[Pages 27943-27944]
[FR Doc No: 2014-11164]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Form S-11; OMB Control No. 3235-0067, SEC File No. 270-064.

    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'') has submitted to the Office of Management
and Budget this request for extension of the previously approved
collection of information discussed below.
    Form S-11 (17 CFR 239.18) is the registration statement form used
to register securities issued by real estate investment trusts or by
issuers whose business is primarily that of acquiring and holding for
investment interests in real estate under the Securities Act of 1933
(15 U.S.C. 77a et seq.). The information filed with the Commission
permits verification of compliance with securities law requirements and
assures public availability and dissemination of such information.
Information provided is mandatory. We estimate that Form S-11 takes
approximately 779.04 hours per response and is filed by approximately
100 issuers annually. In addition, we estimate that 25% of the 779.04
hours per response (194.76 hours) is prepared by the issuer for an
annual reporting

burden of 19,476 hours (194.76 hours per response x 100 responses).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    The public may view the background documentation for this
information collection at the following Web site, www.reginfo.gov .
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to<EMAIL_ADDRESS>and (ii) Thomas Bayer, Director/Chief Information
Officer, Securities and Exchange Commission, c/o Remi Pavlik-Simon, 100
F Street NE., Washington, DC 20549 or send an email to<EMAIL_ADDRESS>Comments must be submitted to OMB within 30 days of
this notice.

    Dated: May 9, 2014.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-11164 Filed 5-14-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 238 (Wednesday, December 15, 2021)]
[Notices]
[Pages 71270-71271]
[FR Doc No: 2021-27053]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-N-0346]

Jeffrey A. Styron: Final Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is issuing an order
under the Federal Food, Drug, and Cosmetic Act (FD&C Act) debarring
Jeffrey A. Styron for a period of 5 years from importing articles of
food or offering such articles for importation into the United States.
FDA bases this order on a finding that Mr. Styron was convicted of a
felony count under Federal law for conduct relating to the importation
into the United States of an article of food. Mr. Styron was given
notice of the proposed debarment and an opportunity to request a
hearing within the timeframe prescribed by regulation. As of September
29, 2021 (30 days after receipt of the notice), Mr. Styron has not
responded. Mr. Styron's failure to respond and request a hearing
constitutes a waiver of Mr. Styron's right to a hearing concerning this
matter.

DATES: This order is applicable December 15, 2021.

ADDRESSES: Submit applications for termination of debarment to the
Dockets Management Staff (HFA-305), Food and Drug Administration, 5630
Fishers Lane, Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>, or at
https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jaime Espinosa, Division of
Enforcement (ELEM-4029), Office of Strategic Planning and Operational
Policy, Office of Regulatory Affairs, Food and Drug Administration,
12420 Parklawn Dr., Rockville, MD 20857,<PHONE_NUMBER>, or at
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(b)(1)(C) of the FD&C Act (21 U.S.C. 335a(b)(1)(C))
permits FDA to debar an individual from importing an article of food or
offering such an article for import into the United States if FDA
finds, as required by section 306(b)(3)(A) of the FD&C Act, that the
individual has been convicted of a felony for conduct relating to the
importation into the United States of any food. On March 9, 2021, Mr.
Styron was convicted as defined in section 306(l)(1)(A) of the FD&C
Act, in the U.S. District Court for the Eastern District of North
Carolina, when the court accepted Mr. Styron's plea of guilty and
entered judgment against him for the offense of Lacey Act False
Labeling and Aiding and Abetting in violation of 16 U.S.C. 3372(d),
3372(d)(1), 3372(d)(2), 3373(d)(3)(A)(i), 3373(d)(3)(A)(ii), and 18
U.S.C. 2.
    FDA's finding that the debarment is appropriate is based on the
felony conviction referenced herein. The factual basis for this
conviction is as follows: As contained in the Plea Agreement filed in
his case on September 3, 2020, Mr. Styron admitted that he knowingly
made or submitted and caused to be made or submitted a false record,
account, label for, or identification of any fish or wildlife, as set
forth in the Criminal Information. The Criminal Information, filed July
22, 2020, sets forth that Mr. Styron was an owner-operator of Garland
Fulcher Seafood Company, Inc. (GFS) and the manager and supervisor of
the company's facility in North Carolina. GFS was in the business of
purchasing, processing, packaging, and selling seafood, including
crabmeat. Beginning at least as early as January 2014 and continuing
through December 2017, Mr. Styron and his company were unable to
satisfy customer demand for domestically harvested blue crab. Mr.
Styron caused the company to purchase foreign crabmeat from South
America and Asia. Mr. Styron then directed his employees to repack
foreign crabmeat into containers labeled ``Product of the USA,'' which
was then sold to customers as jumbo domestically harvested ``fresh''
blue crab. Mr. Styron knew that the crabmeat sold during that time
period was labeled and represented as domestically harvested crabmeat
when, in truth and in fact, it was or contained foreign crabmeat.
Within this time period, at his direction GFS purchased and repackaged
thousands of pounds of foreign jumbo crabmeat from South America and
Asia. The foreign jumbo crabmeat was repacked into containers labeled
``Product of USA.''
    As a result of this conviction FDA sent Mr. Styron, by certified
mail on August 18, 2021, a notice proposing to debar him for a period
of 5 years from importing articles of food or offering such articles
for import into the United States. The proposal was based on a finding
under section 306(b)(1)(C) of the FD&C Act that Mr. Styron's felony
conviction of violating the Lacey Act False Labeling and Aiding and
Abetting in violation of 16 U.S.C. 3372(d), 3372(d)(1), 3372(d)(2),
3373(d)(3)(A)(i), 3373(d)(3)(A)(ii), and 18 U.S.C. 2 constitutes
conduct relating to the importation into the United States of an
article of food because the offense involved Mr. Styron and his company
falsely labeling crabmeat that was imported from a number of foreign
countries as crabmeat that was a ``Product of USA.''
    The proposal was also based on a determination, after consideration
of the relevant factors set forth in section 306(c)(3) of the FD&C Act,
that Mr. Styron should be subject to a 5-year period of debarment. The
proposal also offered Mr. Styron an opportunity to request a hearing,
providing Mr. Styron 30 days from the date of receipt of the letter in
which to file the request, and advised Mr. Styron that failure to
request a hearing constituted a waiver of the opportunity for a hearing
and of any contentions concerning this action. Mr. Styron failed to
respond within the timeframe prescribed by regulation and has,
therefore, waived his opportunity for a hearing and waived any
contentions concerning his debarment (21 CFR part 12).

II. Findings and Order

    Therefore, the Assistant Commissioner, Office of Human and Animal
Food Operations, under section 306(b)(1)(C) of the FD&C Act, under
authority delegated to the Assistant Commissioner, finds that Mr.
Styron has been convicted of a felony count under Federal law for
conduct relating to the importation into the United States of an
article of food and that he is subject to a 5-year period of debarment.
    As a result of the foregoing finding, Mr. Styron is debarred for a
period of 5 years from importing articles of food or offering such
articles for import into the United States, effective (see DATES).
Pursuant to section 301(cc) of the FD&C Act (21 U.S.C. 331(cc)), the
importing or offering for import into the United States of an article
of food by, with the assistance of, or at the direction of Jeffrey A.
Styron is a prohibited act.
    Any application by Mr. Styron for termination of debarment under
section 306(d)(1) of the FD&C Act should be identified with Docket No.
FDA-2021-N-0346 and sent to the Dockets Management Staff (see
ADDRESSES). The public availability of information in these submissions
is governed by 21 CFR 10.20.
    Publicly available submissions will be placed in the docket and
will be viewable at https://www.regulations.gov or at the Dockets
Management Staff (see ADDRESSES) between 9 a.m. and 4 p.m., Monday
through Friday,<PHONE_NUMBER>.

    Dated: December 9, 2021.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2021-27053 Filed 12-14-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 79, Number 247 (Wednesday, December 24, 2014)]
[Notices]
[Pages 77578-77579]
[FR Doc No: 2014-30120]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73877; File No. SR-ICC-2014-18]

Self-Regulatory Organizations; ICE Clear Credit LLC; Order
Granting Approval of Proposed Rule Change To Revise the ICC Risk
Management Framework

December 18, 2014.

I. Introduction

    On October 22, 2014, ICE Clear Credit LLC (``ICC'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change SR-ICC-2014-18 pursuant to section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder.\2\ The
proposed rule change was published for comment in the Federal Register
on November 3, 2014.\3\ The Commission received no comment letters
regarding the proposed change. For the reasons discussed below, the
Commission is granting approval of the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 34-73444 (Oct. 28,
2014), 79 FR 65270 (Nov. 3, 2014) (SR-ICC-2014-18).
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    ICC is proposing to revise the ICC Risk Management Framework to
incorporate certain risk model enhancements. The revisions do not
require any changes to the ICC Clearing Rules.
    ICC proposes revising the ICC Risk Management Framework to
facilitate compliance with requirements under the European Market
Infrastructure Regulations, specifically anti-procyclicality conditions
described in Article 28 of the Regulatory Technical Standards.\4\
Currently, according to ICC, it considers three levels of volatility in
its Risk Management Framework to account for stable but prudent margin
requirements. ICC proposes adding a fourth volatility scale that
assigns a 25% weight to a stress period (currently the stress period is
set to January 14, 2008 to December 31, 2008) and the remaining 75% to
the immediate most recent 250 observations, consistent with Article
28(b) of the Regulatory Technical Standards. According to ICC, the
revised initial margin requirements are expected to result in more
conservative initial margin figures for some risk factors. In addition,
ICC proposes introducing devolatilization enhancements to describe
spread log-return time series that span market periods associated with
different volatility regimes.
---------------------------------------------------------------------------

    \4\ Commission Delegated Regulation (EU) No. 153/2013 of 19
December 2012 Supplementing Regulation (EU) No. 648/2012 of the
European Parliament and of the Council with regard to Regulatory
Technical Standards on Requirements for Central Counterparties (the
``Regulatory Technical Standards'').
---------------------------------------------------------------------------

    Additionally, ICC proposes a revised approach to computing index
liquidity charges. As described by ICC, the enhancement consists of
reducing the portfolio liquidity benefits across different index
series. As part of its product offering, ICC clears credit default swap
(``CDS'') index series. A new series of CDS indices is issued every six
months, and the new series is referred to as being ``on-the-run,''
while previous series are referred to as being ``off-the-run.'' ICC
states that the revised calculation establishes series-specific
liquidity charges by considering the series-specific positions and
establishing series-specific position directionality based on the
corresponding 5-year equivalent notional amount directionality.
Further, to capture the market behavior around index rolls when the
bid/offer width for index-roll transactions (i.e., trading the on-the-
run vs. first off-the-run indices) is typically smaller than the bid/
offer width of each individual leg, ICC proposes implementing time-
dependent long/short liquidity charge portfolio benefits for the on-
the-run and the first off-the run series. The proposed revisions to the
liquidity charges are expected by ICC to result in more conservative
requirements than the ones associated with the current approach.
    ICC also proposes enhancements to the calculation of its
concentration charges by introducing index series-specific
concentration charges. According to ICC, the revised calculation
establishes series-specific concentration charges for positions
exceeding series-specific concentration threshold limits based on the
direction of the 5-year equivalent notional amount or the net notional
amount. Under the revised calculation, ICC states it will estimate
series-specific concentration charge threshold limits based on the
distribution of series-specific open interest information at the
Clearing House. ICC believes that the estimated series-specific
concentration charge threshold limits reflect the average open interest
over a 5-day period. ICC expects the proposed revisions to the
concentration charge will result in more conservative requirements than
the ones associated with the current approach.

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act \5\ directs the Commission to
approve a proposed rule change of a self-regulatory organization if the
Commission finds that such proposed rule change is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to such self-regulatory organization. Section 17A(b)(3)(F)
of the Act \6\ requires, among other things, that the rules of a
clearing agency are designed to promote the prompt and accurate
clearance and settlement of securities transactions and, to the extent
applicable, derivative agreements, contracts, and transactions, to
assure the safeguarding of securities and funds which are in the
custody or control of the clearing agency or for which it is
responsible and, in general, to protect investors and the public
interest.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2)(C).
    \6\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The Commission finds that the proposed rule change is consistent
with section 17A of the Act \7\ and the rules thereunder applicable to
ICC. The proposed changes to the ICC Risk Management Framework are
expected to impose more prudent initial margin requirements, meeting
the requirements of Rule 17Ad-22(b)(1) and (2).\8\ The proposed
changes, when considered together with ICC's existing Guaranty Fund
methodology, are expected to result in total financial resources
maintained by ICC sufficient to withstand, at a minimum, a default by
the two participant families to which it has the largest exposures in
extreme but plausible market conditions in accordance with Rule 17Ad-
22(b)(3).\9\ Therefore, ICC's proposed changes are reasonably designed
to meet the margin and financial resource requirements of Rule 17Ad-
22(b)(1)--(3).\10\ The Commission therefore believes that the changes
will promote the prompt and accurate settlement of securities and
derivatives transactions, consistent with the requirements of section
17A(b)(3)(F) of the Act.\11\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78q-1.
    \8\ 17 CFR 240.17Ad-22(b)(1) and (2).
    \9\ 17 CFR 240.17Ad-22(b)(3).
    \10\ 17 CFR 240.17Ad-22(b)(1)--(3).
    \11\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposal is consistent with the requirements of the Act and in
particular with the requirements of section 17A of the

Act \12\ and the rules and regulations thereunder.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to section 19(b)(2) of the
Act,\13\ that the proposed rule change (File No. SR-ICC-2014-18) be,
and hereby is, approved.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(2).
    \14\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition and
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-30120 Filed 12-23-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 90 (Thursday, May 9, 2019)]
[Notices]
[Pages 20351-20352]
[FR Doc No: 2019-09482]

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

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: ER19-465-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2019-05-01_Response Letter to Order
841 Compliance to be effective 5/1/2019.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5401.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-467-001.
    Applicants: New York Independent System Operator, Inc.
    Description: Compliance filing: Response to FERC questions on ESRs
(Order No. 841) to be effective N/A.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5404.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-468-001.
    Applicants: California Independent System Operator Corporation.
    Description: Compliance filing: 2019-05-01 Response to Deficiency
Letter--Compliance with Order No. 841 to be effective N/A.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5395.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-469-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance filing: Response to 4/1/2019 Letter Req
Additional Information re Order No. 841 to be effective 12/3/2019.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5390.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-470-001.
    Applicants: ISO New England Inc., Eversource Energy Service Company
(as agent).
    Description: Compliance filing: Response to April 1, 2019 Letter
Re: Compliance Filing for Order No. 841 to be effective 12/3/2019.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5403.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-1467-001.
    Applicants: Arizona Public Service Company.
    Description: Tariff Amendment: Supplemental Filng to Cancellation
of Service Agreement No. 352 to be effective 5/28/2019.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5391.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-1755-000.
    Applicants: Arizona Public Service Company.
    Description: Sec.  205(d) Rate Filing: Rate Schedule No. 33--WAPA
Triangle Agreement_Exhibit A Revision No. 53 to be effective 7/1/2019.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5384.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-1756-000.
    Applicants: NorthWestern Corporation.
    Description: Sec.  205(d) Rate Filing: Montana OATT Formula Rate
(Part 1) to be effective 7/1/2019.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5392.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-1757-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: SCE Recollation of WDAT
Filing 8 of 9 to be effective 5/1/2019.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5394.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-1758-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: SCE Recollation of WDAT
Filing 9 of 9 to be effective 5/1/2019.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5399.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-1759-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ICSA, SA No. 5189;
Queue No. AB2-040 to be effective 9/10/2018.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5400.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-1760-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: SCE Recollation of Rate
Schedules to be effective 5/1/2019.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5402.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-1761-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: SCE Recollation of WDAT
Filing 5 of 9 to be effective 5/1/2019.
    Filed Date: 5/2/19.
    Accession Number: 20190502-5003.
    Comments Due: 5 p.m. ET 5/23/19.

    Docket Numbers: ER19-1762-000.
    Applicants: Electric Energy, Inc.
    Description: Compliance filing: compliance 2019 Attachment M to be
effective 5/2/2019.
    Filed Date: 5/2/19.
    Accession Number: 20190502-5005.
    Comments Due: 5 p.m. ET 5/23/19.

    Docket Numbers: ER19-1763-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3446R1 Group NIRE/SPS
Facilities Construction Agreement to be effective 7/1/2019.
    Filed Date: 5/2/19.
    Accession Number: 20190502-5015.
    Comments Due: 5 p.m. ET 5/23/19.

    Docket Numbers: ER19-1764-000.
    Applicants: Applied Energy LLC
    Description: Tariff Cancellation: MBR Tariff Cancellation to be
effective 5/3/2019.
    Filed Date: 5/2/19.
    Accession Number: 20190502-5057.
    Comments Due: 5 p.m. ET 5/23/19.

    Docket Numbers: ER19-1765-000.
    Applicants: CSOLAR IV South, LLC.
    Description: Sec.  205(d) Rate Filing: Cost True-Up Amendment to
Co-Tenancy and Shared Use Agreement to be effective 5/3/2019.
    Filed Date: 5/2/19.
    Accession Number: 20190502-5061.
    Comments Due: 5 p.m. ET 5/23/19.

    Docket Numbers: ER19-1766-000.
    Applicants: CSOLAR IV South, LLC.
    Description: Sec.  205(d) Rate Filing: New Substation Facilities
Agreement to be effective 5/3/2019.
    Filed Date: 5/2/19.
    Accession Number: 20190502-5062.
    Comments Due: 5 p.m. ET 5/23/19.

    Docket Numbers: ER19-1768-000.
    Applicants: Duquesne Light Company.
    Description: Tariff Cancellation: Notice of Cancellation of Elrama
Connection and Site Agreement to be effective 12/31/2014.
    Filed Date: 5/2/19.
    Accession Number: 20190502-5074.
    Comments Due: 5 p.m. ET 5/23/19.

    Docket Numbers: ER19-1769-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: SCE Recollation of TO Tariff
Filing 2a of 3 to be effective 5/1/2019.
    Filed Date: 5/2/19.
    Accession Number: 20190502-5077.
    Comments Due: 5 p.m. ET 5/23/19.

    Docket Numbers: ER19-1770-000.
    Applicants: Entergy Arkansas, LLC, Entergy Louisiana, LLC, Entergy

Mississippi, LLC, Entergy New Orleans, LLC, Entergy Texas, Inc.
    Description: Post-Retirement Benefits Other than Pensions for 2018
Test Year of Entergy Arkansas, Inc., et al.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5447.
    Comments Due: 5 p.m. ET 5/22/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    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.
    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: May 2, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-09482 Filed 5-8-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: June 24, 2008 (Volume 73, Number 122)]
[Proposed Rules]
[Page 35597-35598]
[DOCID:fr24jn08-15]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0668; Directorate Identifier 2008-NM-088-AD]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 190 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    During aircraft structure fatigue tests, cracks were found in
the wing lower skin stringers between ribs 7 and 10 on both wings.
In order to prevent fatigue cracks in the wing lower skin stringers,
which could result in fuel leakage and reduced structural integrity
of the wing, the referred stringers must be reworked.

The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by July 24, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kenny Kaulia, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2848; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0668;
Directorate Identifier 2008-NM-088-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directive 2008-01-02, effective February 25, 2008
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:

    During aircraft structure fatigue tests, cracks were found in
the wing lower skin stringers between ribs 7 and 10 on both wings.
In order to prevent fatigue cracks in the wing lower skin stringers,
which could result in fuel leakage and reduced structural integrity
of the wing, the referred stringers must be reworked.

The corrective actions include spot-facing the lower wing stringers
between ribs 7 and 10, doing a dye-penetrant inspection of the reworked
stringers, shot-peening if no cracking is found, contacting ANAC if any
crack is found, and repairing. You may obtain further information by
examining the MCAI in the AD docket.

Relevant Service Information

    EMBRAER has issued Service Bulletin 190-57-0005, Revision 01, dated
October 27, 2006. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 18 products of U.S. registry. We also estimate that
it would take about 110 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $158,400, or $8,800 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with

promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Empresa Brasileira De Aeronautica S.A. (EMBRAER): Docket No. FAA-
2008-0668; Directorate Identifier 2008-NM-088-AD.

Comments Due Date

    (a) We must receive comments by July 24, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model ERJ 190-100 STD, -100 LR, -
100 IGW, -100ECJ, -200 STD, -200 LR, and -200 IGW airplanes,
certificated in any category, serial numbers 19000004, 19000006
through 19000028 inclusive, and 19000030 through 19000039 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    During aircraft structure fatigue tests, cracks were found in
the wing lower skin stringers between ribs 7 and 10 on both wings.
In order to prevent fatigue cracks in the wing lower skin stringers,
which could result in fuel leakage and reduced structural integrity
of the wing, the referred stringers must be reworked.

The corrective actions include spot-facing the lower wing stringers
between ribs 7 and 10, doing a dye-penetrant inspection of the
reworked stringers, shot-peening if no cracking is found, contacting
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) if any
crack is found, and repairing.

Actions and Compliance

    (f) Unless already done: Prior to the accumulation of 5,000
total flight cycles, or within 500 flight cycles after the effective
date of this AD, whichever occurs later, do the following actions.
    (1) Spot-face the lower wing stringers between ribs 7 and 10 on
both wings by changing their run out in accordance with the
Accomplishment Instructions of EMBRAER Service Bulletin 190-57-0005,
Revision 01, dated October 27, 2006.
    (2) Do a dye-penetrant inspection for cracking of the reworked
stringers in accordance with the Accomplishment Instructions of
EMBRAER Service Bulletin 190-57-0005, Revision 01, dated October 27,
2006.
    (i) If no cracking is detected: Before further flight, shot-peen
the stringer reworked area following the parameters indicated in the
Accomplishment Instructions of EMBRAER Service Bulletin 190-57-0005,
Revision 01, dated October 27, 2006.
    (ii) If any cracking is detected: Before further flight, contact
the ANAC for repair instructions and repair.
    (3) Actions done before the effective date of this AD in
accordance with EMBRAER Service Bulletin 190-57-0005, dated October
10, 2006, are acceptable for compliance with the requirements of
paragraph (f) of this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN:
Kenny Kaulia, Aerospace Engineer, ANM-116, Transport Airplane
Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before using any
approved AMOC on any airplane to which the AMOC applies, notify your
appropriate principal inspector (PI) in the FAA Flight Standards
District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Brazilian Airworthiness Directive 2008-01-02,
effective February 25, 2008, and EMBRAER Service Bulletin 190-57-
0005, Revision 01, dated October 27, 2006, for related information.

    Issued in Renton, Washington, on June 9, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-14187 Filed 6-23-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: January 7, 2008 (Volume 73, Number 4)]
[Notices]
[Page 1246-1247]
[DOCID:fr07ja08-62]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57060; File No. SR-Amex-2007-116]

Self-Regulatory Organizations; American Stock Exchange LLC; Order
Approving a Proposed Rule Change, as Modified by Amendment Nos. 1 and
2, To Harmonize the Annual Listing Fees for All Exchange Traded Funds

December 28, 2007.
    On October 29, 2007, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to revise the annual listing fees for index fund
shares, trust-issued receipts, commodity-based trust shares, currency
trust shares, paired trust shares, partnership units, and closed-end
funds (collectively, ``Exchange Traded Funds'' or ``ETFs'') set forth
in Section 141 of the Amex Company Guide. On November 9, 2007, the
Exchange filed Amendment No. 1 to the proposed rule change.\3\ On
November 16, 2007, the Exchange filed Amendment No. 2 to the
proposal.\4\ The proposed rule change, as modified by Amendment Nos. 1
and 2, was published for comment in the Federal Register on November
27, 2007.\5\ The Commission received no comment letters on the
proposal. This order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 made clarifying changes to the purpose
section of the original filing and revised the proposed annual
listing fee schedule.
    \4\ Amendment No. 2 made an additional clarifying change to the
proposed annual listing fee schedule. Specifically, all references
to a ``maximum'' or ``minimum'' identified as a parenthetical in the
``Stock Issues'' and ``Issues Listed Under Section 106 and Section
107; Rule 1000A (Index Fund Shares); Rule 1200 (Trust Issued
Receipts); Rule 1200A (Commodity Based Trust Shares); Rule 1200B
(Currency Trust Shares); Rule 1400 (Paired Trust Shares); Rule 1500
(Partnership Units); and Closed-End Funds'' Annual Fee Tables in the
Company Guide were removed.
    \5\ See Securities Exchange Act Release No. 56809 (November 16,
2007), 72 FR 66203 (November 27, 2007) and 72 FR 70374 (December 11,
2007).
---------------------------------------------------------------------------

    Amex proposes to amend Section 141 of the Amex Company Guide to
adopt a single annual listing fee for all ETFs. Amex's proposal would
conform the annual listing fees for index fund shares with those of
other ETFs and add an additional demarcation for outstanding shares or
units of over 100 million, so that the maximum annual listing fee would
increase to $50,000. Each series of the securities listed as index fund
shares, trust-issued receipts, commodity-based trust shares, currency
trust shares, paired trust shares, partnership units, or closed-end
funds would be separately aggregated. The annual listing fee would then
be applied to all of the outstanding securities of a particular issuer
for each appropriate product class. Securities listed under Sections
106 and 107 of the Company Guide would be charged listing fees based on
the shares outstanding of each individual issue.
    After careful review, the Commission finds that Amex's proposal is
consistent

with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\6\ In
particular, the Commission finds that the proposal is consistent with
Section 6(b)(4) of the Act,\7\ which requires, among other things, that
the rules of the Exchange provide for the equitable allocation of
reasonable dues, fees, and other charges among members and issuers and
other persons using the Exchange's facilities. The Commission notes
that no comments were received on the proposed fee increase, which is
based on existing annual fees for other comparable products listed on
the Exchange.
---------------------------------------------------------------------------

    \6\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\8\ that the proposed rule change (SR-Amex-2007-116), as modified
by Amendment Nos. 1 and 2, be, and hereby is, approved.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(2).
    \9\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Nancy M. Morris,
Secretary.
[FR Doc. E7-25598 Filed 1-4-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Notices]
[Pages 73608-73609]
[FR Doc No: 2011-30671]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. AD12-1-000, RC11-6-000, EL11-62-000]

Reliability Technical Conference, North American Electric
Reliability Corporation, Public Service Commission of South Carolina
and the South Carolina Office of Regulatory Staff; Notice of Amended
Reliability Technical Conference Agenda

    As announced in the Notice of Technical Conference issued on
October 7, 2011, the Commission will hold a technical conference on
Tuesday, November 29, 2011, from 1 p.m. to 5 p.m. and Wednesday,
November 30, 2011, from 9 a.m. to 4 p.m. to explore the progress made
on the priorities for addressing risks to reliability that were
identified in earlier Commission technical conferences. The agenda for
this conference has been amended and is attached. Commission members
will participate in this conference.
    Information on this event will be posted on the Calendar of Events
on the Commission's Web site, http://www.ferc.gov, prior to the event.
The conference will be transcribed. Transcripts will be available
immediately for a fee from Ace Reporting Company<PHONE_NUMBER> or 1-
(800) 336-6646). A free webcast of this event is also available through
http://www.ferc.gov. Anyone with Internet access who desires to listen
to this event can do so by navigating to http://www.ferc.gov's Calendar
of Events and locating this event in the Calendar. The event will
contain a link to the webcast. The Capitol Connection provides
technical support for webcasts and offers the option of listening to
the meeting via phone-bridge for a fee. If you have any questions,
visit http://www.CapitolConnection.org or call<PHONE_NUMBER>.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an email to<EMAIL_ADDRESS>or call toll free 1-(866) 208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a FAX to<PHONE_NUMBER>
with the required accommodations.
    For more information about this conference, please contact: Sarah
McKinley, Office of External Affairs, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426.<PHONE_NUMBER>.
<EMAIL_ADDRESS>
    Dated: November 22, 2011.
Kimberly D. Bose,
Secretary.
[GRAPHIC] [TIFF OMITTED] TN29NO11.036

Reliability Technical Conference

Commissioner-Led Reliability Technical Conference

November 29, 2011
    1 p.m.-5 p.m.
November 30, 2011
    9 a.m.-4 p.m.

Agenda

November 29, 2011
    1 p.m. Commissioners' Opening Remarks
    1:20 p.m. Introductions Commissioner Cheryl LaFleur, Chair
    1:25 p.m. Panel I: Identifying Priorities for NERC Activities

    Presentations: NERC will be invited to provide an update on its
priorities as identified in the February 8, 2011 Reliability Technical
Conference. Panelists will be invited to express their general views on
how NERC's prioritization tool has been working. Has NERC addressed
concerns raised at the February 8, 2011 Reliability Technical
Conference. Panelists will be asked to address some or all of the
following:
    a. What are the most critical reliability issues and/or standards
development initiatives that needed to be addressed in 2011 and 2012?
What is the status of the priorities identified by NERC at the February
technical conference? Has NERC's prioritization tool been useful?
    b. One of the priorities was improving the compliance and
enforcement process. How is that being addressed?
    c. What are the biggest challenges to addressing these priorities
and/or completing these initiatives in an effective and timely manner?
What next steps are appropriate to timely and effectively address the
priorities discussed?
    d. How do NERC and reliability standards development teams
incorporate in new or re-ordered priorities regarding reliability
standards into their work plans? How are emerging issues considered and
are any becoming high priorities?

Panelists

     Gerry W. Cauley, President and Chief Executive Officer,
North American Electric Reliability Corporation (NERC)
     Kevin Burke, Chairman, President and CEO, Consolidated
Edison Inc., on behalf of Consolidated Edison and the Edison Electric
Institute (EEI)
     Mike Smith, President and Chief Executive Officer, Georgia
Transmission Corporation, on behalf of Georgia Transmission Corp. and
the National Rural Electric Association (NRECA)
     John A. Anderson, President, Electricity Consumers
Resource Council (ELCON)
     Allen Mosher, Senior Director of Policy Analysis and
Reliability, American Public Power Association (APPA); NERC Standards
Committee Chairman
     Deborah Le Vine, Director, System Operations, California
Independent System Operator Corporation (CAISO)
     William J. Gallagher, NERC Member Representatives
Committee Chairman; Retired CEO, Vermont Public Power Supply Authority
     Peter Fraser, Managing Director of Regulatory Policy,
Ontario Energy Board

3:30 p.m. Panel II: Incorporating Lessons Learned Into a More Reliable
Grid

    Presentations: Panelists will address how lessons learned are
incorporated into NERC priorities. Panelists will be asked to address
some or all of the following:

    a. How do lessons learned from events analysis get disseminated to
industry?
    b. How do NERC's non-standards processes such as the Industry
Alerts, Recommendations, Event Analysis, Essential Actions, Lessons
Learned and Compliance Application Notices interact with the
reliability standards? To what extent do these processes aid in
identifying important reliability matters that are not addressed under
the existing Reliability Standards?
    c. Is the alerts process getting the message out on issues of
immediate importance
    d. How do you gauge whether industry is appropriately implementing
NERC alerts or lessons learned from an event analysis?
    e. Is there a feedback loop into the Reliability Standards
development process to determine if there is a gap in the standards? If
so, how has that been working? If not, should there be?

Panelists

     Gerry W. Cauley, President and Chief Executive Officer,
North American Electric Reliability Corporation
     Thomas J. Galloway, President and Chief Executive Officer,
North American Transmission Forum
     Tom Burgess, Executive Director, Integrated System
Planning and Development, FirstEnergy, on behalf of FirstEnergy and EEI
     Scott Helyer, Vice President, Transmission at Tenaska, on
behalf of Electric Power Supply Association (EPSA)
     Mary Kipp, Senior Vice President, General Counsel and
Chief Compliance Officer, El Paso Electric

Commissioner Closing Comments

November 30, 2011

9 a.m. Commissioners' Opening Remarks
9:20 a.m. Introductions Commissioner Cheryl LaFleur, Chair
9: 30 Remarks: Janet McCabe, Principal Deputy Assistant Administrator
for Air and Radiation, U.S. Environmental Protection Agency
9:40 a.m. Panel III: Presentations and Discussion on the Current State
of Processes for Identifying Unit-Specific Local or Regional
Reliability Issues in Response to Final EPA Regulations

    Presentations: Panelists will be asked to describe their local and
regional processes for identifying unit-specific reliability issues in
response to final EPA environmental requirements. Panelists should
address the following broad questions in their presentations:
    a. How should reliability aspects of EPA's proposed and final
regulations be addressed? What local or regional processes are used to
plan for emerging issues such as the EPA regulations? How are you
incorporating the EPA regulations into this process?
    b. What have you proposed to the EPA regarding an exemption
process? Do you support the exemption process changes identified by the
RTOs or other entities in comments to the EPA? Do you have any
alternative proposals?
    c. What market structures and tariff rules are used to address
local and regional reliability issues that may arise from generation
retirements potentially triggered by EPA regulations? Are any changes
to market and tariff rules needed?
    d. Do you have the right tools to identify any problems that may
arise? Are there other process changes that could help address
reliability-related requests for exemptions from the EPA regulations?

Panelists

     Mark Lauby, Vice President and Director of Reliability
Assessment and Performance Analysis, North American Electric
Reliability Corporation
     Michael Kormos, Senior Vice President of Operations, PJM
Interconnection, L.L.C.
     Carl Monroe, Executive Vice President and Chief Operating
Officer, Southwest Power Pool (SPP)
     Thomas F. Farrell II, Chairman, President & CEO--Dominion,
on behalf of EEI
     Kathleen Barron, Vice President, Federal Regulatory
Affairs and Policy, Exelon Corporation
     Anthony Topazi, Chief Operating Officer, Southern Company
     David Wright, Vice Chairman, South Carolina Public Service
Commission
     Joshua Epel, Chairman, Colorado Public Utilities
Commission
12 p.m. Lunch
12:45 p.m. Continuation of Panel III
    Discussion with Commissioners: Open dialogue and questions and
answers between Panel 1 and Commissioners.
2:15 p.m. Break
2:30 p.m. Panel IV: Discussion on multi-jurisdictional processes.
    Presentations: Panelists will be asked to describe how they
coordinate processes such as the state integrated resource planning
with their reliability planning and the safety valve proposal.
Panelists should address the following broad questions in their
presentations:
    a. What, if any role should the Commission or DOE play in studying
replacement generation or other reliability solutions due to
retirements? What role does the retail regulator, such as a state
public utility commission or municipal authority play in forming your
bulk power system reliability plans?
    b. Do you support the exemption process changes identified by the
RTOs or other entities in comments to the EPA? What role can the
Commission play in evaluating individual requests under a safety-valve
approach? Do you have any alternative proposals?

Panelists

     Patricia A. Hoffman, Assistant Secretary for Electricity &
Infrastructure Reliability, U.S. Department of Energy
     Gerry W. Cauley, President and Chief Executive Officer,
North American Electric Reliability Corporation (NERC)
     Nick Akins, CEO of American Electric Power (AEP), on
behalf of AEP
     Clair J. Moeller, Vice President Transmission Asset
Management, Midwest Independent Transmission System Operator, Inc.
(MISO)
     Betty Ann Kane, Chairman, District of Columbia Public
Service Commission
     Cheryl Roberto, Commissioner, Public Utilities Commission
of Ohio
     Eric Baker, President and Chief Executive Officer,
Wolverine Electric Power Cooperative
     Debra Raggio, Vice President, Government and Regulatory
Affairs, Assistant General Counsel, GenOn Energy, Inc.

Commissioner Closing Comments

[FR Doc. 2011-30671 Filed 11-28-11; 8:45 am]
BILLING CODE 6717-01-P


of CRA International, Inc., is available at www.crai.com.

V. Qualifications of Authors/Investigators

Michael G. Mayer, CFA, CFE
Vice President, Charles River Associates
M.B.A. Finance and Management Policy, Kellogg Graduate School of
Management, Northwestern University
B.S. Marketing and Management Policy, Indiana University School of
Business

    Michael G. Mayer is a Vice President of Charles River
Associates. He has performed numerous business valuation assignments
and has evaluated numerous claims for economic loss in a range of
business, banking, securities, derivatives and insurance disputes.
He has also performed financial investigations of brokerage firms,
hedge

funds, savings & loans, banks, and insurance companies as well as in
whistleblower, insider trading, and FCPA matters. He has testified
as an expert in International Arbitration forums, US Federal and
State Courts, AAA and FINRA arbitrations, and the Bahamian Supreme
Court. Mr. Mayer's testimony has addressed financial and economic
issues including investment suitability and trading, portfolio
management, valuation, lost profits, loss of principal and
prejudgment interest.
    In litigation matters, Mr. Mayer has been most actively involved
in the determination of damages in securities fraud and breach of
fiduciary duty cases, broker/dealer litigation, failed mergers/
acquisitions, bankruptcy, lender liability, and shareholder
disputes. He is regularly called upon to analyze complex securities
and explain their structures. Additionally, he has significant
experience in other areas of commercial litigation including
antitrust, accountant's liability, breach of contract, business
interruption, and insurance. He has assisted counsel with respect to
discovery and document management, deposition and cross-examination
assistance and trial exhibit preparation.
    Outside of litigation, Mr. Mayer regularly consults on financial
issues relating to mergers, acquisitions, joint ventures, and
licensing. He has analyzed and negotiated deal structures on behalf
of clients in a broad range of industries ranging from
pharmaceuticals to industrial rubber products. Additionally, he has
performed business and intangible asset valuations for some of the
largest companies in the country. Mr. Mayer has been widely quoted
in the press including the Wall Street Journal, CFO Magazine, Inside
Counsel Magazine, Securities Law360, and the Chicago Tribune, among
others.

Mark F. Meyer
Vice President, Charles River Associates
PhD, Economics, University of Michigan
BSFS, International Economics, Georgetown University

    Dr. Mark F. Meyer is a vice president and the co-leader of the
Insurance Economics Practice of CRA. He has over 30 years of
experience applying economic theory and quantitative methods to a
range of complex business litigation and regulatory matters. Dr.
Meyer's experience includes assessing liability and damages for
litigations involving firms engaged in financial markets, especially
insurance; investigations of insurer insolvencies; antitrust
analysis of monopolization, mergers, and price discrimination in a
wide range of industries; work in the economics of product
distribution and marketing; analysis of regulatory initiatives
involving insurance and other industries; and statistical and
econometric applications to liability determination, market
definition, class certification, and economic damages.
    Prior to joining CRA, Dr. Meyer was a senior economist at the
Princeton Economics Group, Inc.; senior managing economist and a
director in the New York office of the Law & Economics Consulting
Group, Inc.; and an economist at the law firm of Skadden, Arps,
Slate, Meagher & Flom in New York.

Prof. Richard D. Phillips
Senior Consultant to Charles River Associates
Dean, J. Mack Robinson College of Business, C.V. Starr Professor of
Risk Management and Insurance, Georgia State University
PhD, Insurance and Finance, University of Pennsylvania
MA, Insurance and Finance, University of Pennsylvania
BS, Mathematics, University of Minnesota

    Richard D. Phillips is the dean of the J. Mack Robinson College
of Business, Georgia State University, and the C.V. Starr Professor
of Risk Management and Insurance. He has served as a Senior
Consultant to CRA since 2010.
    Dr. Phillips was the associate dean for academic initiatives and
innovations from 2012 until 2014 and from 2006 to 2012 he was the
Kenneth Black Jr. Chair of the Department of Risk Management and
Insurance. From 1997 until 2014 he held the appointment of Fellow of
the Wharton Financial Institutions Center at the University of
Pennsylvania. He has held visiting appointments at the Federal
Reserve Bank of Atlanta (1996-1997), at the Wharton School (2003),
at the Federal Reserve Bank of New York (2007-2008), and he was the
Swiss Re Visiting Scholar at the University of Munich in 2008. Dr.
Phillips joined Georgia State University after completing his
doctoral studies at the University of Pennsylvania in 1994.
    Professor Phillips' research interests lie at the intersection
of corporate finance and insurance economics with specific focus on
the effect of risk on corporate decision-making, and the functioning
of insurance markets. He has published in academic and policy
journals including the Journal of Financial Economics, the Journal
of Risk and Insurance, the Journal of Banking and Finance, Journal
of Financial Services Research, the Journal of Law and Economics,
the Journal of Insurance Regulation, and the North American
Actuarial Journal, among others. He has contributed scholarly
articles to books published by Risk Publications, the University of
Chicago Press, Kluwer Academic Publishers, and the Brookings
Institute. Professor Phillips has received several awards for his
research including the Robert I. Mehr Research Award (2008, 2009),
the Robert C. Witt Research Award (1999), the ARIA/CAS Best Paper
Award three times (1998, 1999, and 2006), and the James S. Kemper
Best Paper Award (2003) among others. He served on the board of
directors and is a Past President of the American Risk and Insurance
Association, he is a Past President of the Risk Theory Society and
is a Past Co-editor of the Journal of Risk and Insurance. He serves
as an ad hoc referee for several academic journals.
    Beyond the university, Professor Phillips has served as a
consultant to numerous commercial and governmental organizations
throughout his career including AIG, Allstate, ING, AXA, Deutsche
Bank, Goldman Sachs, Tillinghast, Aon Capital Markets, the Casualty
Actuarial Society, the Society of Actuaries, and the U.S. Office of
Management and Budget. He is a member of the board of directors for
the Munich American Reassurance Company. Within the non-profit
sector, Professor Phillips was the Executive Director of Georgia
State University's Risk Management Foundation from 2006-2012, he is
a board member on the S.S. Huebner Foundation for Insurance
Education Foundation, he is a board member of the World Affairs
Council of Atlanta, and he is Chairman Emeritus of the Board of
Trustees for the Swift School, one of the largest private-
independent schools serving dyslexic students grades 1-8 in Georgia.

Rona T. Seams
Principal, Charles River Associates
M.B.A. Finance, Management and Strategy, Marketing, Kellogg Graduate
School of Management, Northwestern University
B.B.A. Finance, University of Texas-Austin

    Ms. Seams is a Principal at CRA and has testified as an economic
damages expert in federal court and has been involved in and managed
numerous other engagements involving financial investigations,
economic damages, and business valuations.
    Ms. Seams has performed financial investigation activities in
many matters including the alleged mismanagement of bank investments
by its management, the alleged breach of fiduciary duty of FNMA for
not detecting fraud perpetrated on an entity selling mortgages to
FNMA, the alleged acquisition of life settlement policies through
bid rigging, and the alleged profit made by trading on inside
information.
    Ms. Seams' economic damages work includes the determination of
damages related to the breach of a non-compete agreement in the
equipment leasing industry, the assessment of damages related to the
raiding of employees in the securities industry, the calculation of
damages related to fraud perpetrated on a temporary staffing
company, the damages analysis for the creditors of a large bankrupt
energy trading company, the valuation of damages associated with
securities fraud, the determination of early contract termination
damages in the securities clearing industry, and the calculation of
intellectual property damages across many industries.
    Ms. Seams' business valuation work includes the net worth
analysis of a company to pay an award of punitive damages, the
solvency analysis of a regional acute care hospital, the solvency
analysis of a temporary staffing company, and the valuation of an
energy storage and distribution company.
    Prior to joining Charles River Associates, Ms. Seams operated
her own consulting firm specializing in project finance, contract
analysis, and sales and risk management. Additionally, she worked in
the energy industry in various roles ranging from rate analyst,
market analyst, sales representative, and management consultant.

VI. Research Program and Bibliography

    The authors of this White Paper have thoroughly reviewed
extensive publicly available documents and obtained information from
CAT LLC and FINRA CAT personnel to understand the circumstances
surrounding the CAT and develop their findings. We also rely on
longstanding bodies of economic literature regarding cyber breaches
and creating socially optimal incentives to control risk (including
risk of

cyber breaches). The following documents in the Securities and
Exchange Commission record for the Consolidated Audit Trail, which
we reviewed closely, were particularly informative on CAT LLC and
the considerations and concerns of various interested parties.
     Securities and Exchange Commission, Consolidated Audit
Trail, Release No. 34-67457.
     Securities and Exchange Commission, Joint Industry
Plan; Order Approving the National Market System Plan Governing the
Consolidated Audit Trail, Release No. 34-79318, November 15, 2016.
Attachments to this document included:
    [cir] The March 3, 2014 CAT NMS Plan Request for Proposal,
    [cir] The Limited Liability Company Agreement of CAT LLC,
    [cir] The Participants' Discussion of Considerations, and
    [cir] The CAT NMS Plan Processor Requirements.
     Securities and Exchange Commission, Order Granting
Conditional Exemptive Relief, Pursuant to Section 36 and Rule 608(e)
of the Securities Exchange Act of 1934, from Section 6.4(d)(ii)(C)
and Appendix D Sections 4.1.6, 6.2, 8.1.1, 8.2, 9.1, 9.2, 9.4, 10.1,
and 10.3 of the National Market System Plan Governing the
Consolidated Audit Trail, Release No. 34-88393, March 17, 2020.
     Securities and Exchange Commission, Amendments to the
National Market System Plan Governing the Consolidated Audit Trail,
RIN 3235-AM60, Release No. 34-88890, File No. S7-13-19, May 15,
2020.
     Securities and Exchange Commission, Amendments to the
National Market System Plan Governing the Consolidated Audit Trail
to Enhance Data Security, RIN 3235-AM62, Release No. 34-89632, File
No. S7-10-20, August 21, 2020.
     Memorandum of Law in Support of SIFMA's Motion to Stay
SRO Action Pending Commission Review of SIFMA's Application Pursuant
to Exchange Act Sections 19(d) and 19(f), April 22, 2020.
    In addition to the documents listed above, the authors
investigated the implementation of cyber security at the CAT by
thoroughly reviewing the extensive document record listed below and
by obtaining information from personnel at FINRA CAT responsible for
compliance and cyber security.
     Consolidated Audit Trail, LLC and FINRA CAT, LLC,
Industry Webinar--Security of CAT Data, April 1, 2020, at https://www.catnmsplan.com/events/industry-webinar-security-cat-data-412020,
accessed September 2020.
     Amazon Web Services website, ``Cloud computing with
AWS,'' at https://aws.amazon.com/what-is-aws/?sc_
icampaign=aware_what_is_ aws≻_ icontent=awssm-evergreen-prospects
≻_iplace=hero&trk=ha_awssm-evergreen-prospects ≻_ ichannel=ha,
visited September 2020.
     Amazon Web Services website, ``Cloud computing with
AWS, Most secure'' at https://aws.amazon.com/what-is-aws/?sc_icampaign =aware_ what_is_ aws≻_ icontent=awssm-evergreen-
prospects ≻_iplace= hero&trk=ha_ awssm-evergreen-prospects
≻_ichannel=ha, visited September 2020.
    The other sources the authors relied upon to form their opinions
are:

Cyber Security Risk Analysis

1. Advisen Cyber OverVue, https://insite20twenty.advisen.com.
2. Advisen's Cyber OverVue User Guide, January 2020.
3. Advisen, Quarterly Cyber Risk Trends: Global Fraud is Still on
the Rise, sponsored by CyberScout, Q2 2019.
4. Advisen website, https://www.advisenltd.com/data/cyber-loss-data/.
5. Advisen website, www.advisenltd.com.
6. AllAboutAlpha, ``High-Frequency-Trading Firms: Fast, Faster,
Fastest,'' April 2, 2019, https://www.allaboutalpha.com/blog/2019/04/02/high-frequency-trading-firms-fast-faster-fastest/.
7. Alexander Osipovich, ``High Speed Trader Virtu Discloses $6.9
Million Hacking Loss,'' Dow Jones News Service, August 11, 2020.
8. Allied Market Research website, Cyber Insurance Market by Company
Size and Industry Vertical: Global Opportunity Analysis and Industry
Forecast, 2019-2026, March 2020, https://www.alliedmarketresearch.com/cyber-insurance-market.
9. Camico website, ``Understanding First-Party and Third-Party Cyber
Exposures,'' https://www.camico.com/blog/understanding-cyber-exposures.
10. Capital IQ website, https://www.capitaliq.com/CIQDotNet/Financial/Capitalization.aspx?CompanyId=133624510.
11. CAT Reporting Technical Specifications for Industry Members,
Version 3.1.0 r2, April 21, 2020.
12. The Center for Strategic and International Studies, ``Net
Losses: Estimating the Global Cost of Cybercrime,'' June 2014.
13. Chairman Jay Clayton, Testimony on ``Oversight of the Securities
and Exchange Commission'' Before the U.S. Senate Committee on
Banking, Housing, and Urban Affairs, December 10, 2019, https://www.sec.gov/news/testimony/testimony-clayton-2019-12-10.
14. Commissioner Luis A. Aguilar, U.S. Securities and Exchange
Commission, ``The Need for Robust SEC Oversight of SROs,'' May 8,
2013, https://www.sec.gov/news/public-statement/2013-spch050813laahtm.
15. Commissioner Pierce Statement on Proposed Amendments to the
National Market System Plan Governing the Consolidated Audit Trail
to Enhance Data Security, Aug. 21, 2020, https://www.sec.gov/news/public-statement/peirce-nms-cat-2020-08-21.
16. The Council of Economic Advisers, ``The Cost of Malicious Cyber
Activity to the U.S. Economy,'' February 2018, https://www.whitehouse.gov/wp-content/uploads/2018/03/The-Cost-of-Malicious-Cyber-Activity-to-the-U.S.-Economy.pdf.
17. Cybersecurity Ventures, ``Global Cybercrime Damages Predicted to
Reach $6 Trillion Annually By 2021,'' Copyright 2020, https://cybersecurityventures.com/cybercrime-damages-6-trillion-by-2021/.
18. Cyentia Institute, Information Risk Insights Study, A Clearer
Vision for Assessing the Risk of Cyber Incidents, 2020.
19. Department of Homeland Security, ``Commodification of Cyber
Capabilities: A Grand Cyber Arms Bazaar,'' 2019, https://www.dhs.gov/sites/default/files/publications/ia/ia_geopolitical-impact-cyber-threats-nation-state-actors.pdf.
20. Erin Ayers, ``US cyber market keeps growing, but pace slowed: AM
Best,'' Advisen Front Page News, July 22, 2020.
21. Final Judgement as to Defendant CR Intrinsic Investors, LLC,
United States District Court, Southern District of New York, 12 Civ.
8466 (VM), filed June 18, 2014.
22. FINRA Investor Education Foundation, ``Investors in the United
States, A Report of the National Financial Capability Study''
December 2019.
23. Fintel website, Berkshire Hathaway Inc--Warren Buffett--Activist
13D/13G Filings, https://fintel.io/i13d/berkshire-hathaway.
24. Gregory Meyer, Nicole Bullock and Joe Rennison, ``How high-
frequency trading hit a speed bump,'' Financial Times, January 1,
2018, https://www.ft.com/content/d81f96ea-d43c-11e7-a303-9060cb1e5f44.
25. Interview with William Hardin, VP, Charles River Associates,
August 11, 2020.
26. Investopedia website, Toehold Purchase definition, https://www.investopedia.com/terms/t/toeholdpurchase.asp.
27. Jane Croft, ``Citadel Securities sues rival over alleged trading
strategy leak,'' Financial Times, January 10, 2020, https://www.ft.com/content/2cbf1738-33cd-11ea-9703-eea0cae3f0de.
28. Jensen and Ruback, ``The Market for Corporate Control,'' Journal
of Financial Economics, 11, (1983).
29. Journal of Forensic & Investigative Accounting, ``Market
Efficiency and Investor Reactions to SEC Fraud Investigations,''
Vol. 2, Issue 3, Special Issue, 2010.
30. Julian Hayes, ``Double extortion: An emerging trend in
ransomware attacks,'' Advisen Front Page News, August 21, 2020,
https://www.advisen.com/tools/fpnproc/fpns/articles_new _35/P/
375350842.html?rid= 375350842&list_id=35.
31. Juniper Research, ``Business Losses to Cybercrime Data Breaches
to Exceed $5 Trillion By 2024,'' August 27, 2019, https://www.juniperresearch.com/press/press-releases/business-losses-cybercrime-data-breaches.
32. Memorandum from SEC Division of Trading and Markets to SEC
Market Structure Advisory Committee dated October 20, 2015 with the
subject ``Current Regulatory Model for Trading Venues and for Market
Data Dissemination,'' https://www.sec.gov/spotlight/emsac/memo-regulatory-model-for-trading-venues.pdf.

33. Nathan Vardi, ``Finance Billionaire Ken Griffin's Citadel
Securities Trading Firm Is On A Silicon Valley Hiring Binge,''
Forbes, June 3, 2019, https://www.forbes.com/sites/nathanvardi/2019/06/03/finance-billionaire-ken-griffins-citadel-securities-trading-firm-is-on-a-silicon-valley-hiring-binge/#34f23c9c6b36.
34. NPR website, Barbara Campbell, ``SEC Says Cybercriminals Hacked
Its Files, May Have Used Secret Data for Trading,'' September 20,
2017, https://www.npr.org/sections/thetwo-way/2017/09/20/552500948/sec-says-cybercriminals-hacked-its-files-may-have-used-secret-data-for-trading.
35. Opinion and Order, SEC v. Raj Rajaratnam, et al., United States
District Court, Southern District of New York, 09 Civ. 8811 (JSR),
filed November 8, 2011.
36. Ponemon Institute and IBM Security, Cost of a Data Breach Report
2020.
37. Refinitiv website, https://www.refinitiv.com/en/about-us.
38. Research and Markets, Algorithmic Trading Market by Trading
Type, Component, Deployment Mode, Enterprise Size, and Region--
Global Forecast to 2024, https://www.researchandmarkets.com/reports/4770543/algorithmic-trading-market-by-trading-type#rela0-4833448.
39. Research and Markets, Algorithmic Trading market--Growth,
Trends, and Forecast (2020-2025), https://www.researchandmarkets.com/reports/4833448/algorithmic-trading-market-growth-trends-and#rela4-5125563.
40. ScienceDirect website, ``Hacktivists,'' https://www.sciencedirect.com/topics/computer-science/hacktivists.
41. SEC's Edgar website, Berkshire Hathaway Inc. filings, https://www.sec.gov/Archives/edgar/data/1067983/000095012316022377/0000950123-16-022377-index.htm.
42. SEC's Edgar website, Berkshire Hathaway Inc. filings, https://www.sec.gov/Archives/edgar/data/1067983/000095012316022377/xslForm13F_X01/primary_doc.xml.
43. SEC's Edgar website, Berkshire Hathaway Inc. filings, https://www.sec.gov/Archives/edgar/data/1067983/000095012316022377/xslForm13F_X01/form13fInfoTable.xml.
44. SEC website, https://www.sec.gov/forms.
45. SEC website, ``SEC Charges 32 Defendants in Scheme to Trade on
Hacked News Releases,'' Press Release 2015-163, August 11, 2015,
https://www.sec.gov/news/pressrelease/2015-163.html.
46. SEC website, ``SEC Reaches Settlements with Traders in Newswire
Hacking and Trading Scheme,'' Litigation Release No. 24833, June 10,
2020, https://www.sec.gov/litigation/litreleases/2020/lr24833.htm.
47. SEC website, ``Rule 613 (Consolidated Audit Trail),'' https://www.sec.gov/divisions/marketreg/rule613-info.htm.
48. Teresa Suarez, ``A Crash Course on Capturing Loss Magnitude with
the FAIR Model,'' Fair Institute website, October 20, 2017, https://www.fairinstitute.org/blog/a-crash-course-on-capturing-loss-magnitude-with-the-fair-model.
49. Terrence Hendershott, Charles M. Jones, and Albert J. Menkveld,
Does Algorithmic Trading Improve Liquidity?, The Journal of Finance,
Volume 66, No. 1, February 2011, http://faculty.haas.berkeley.edu/hender/Algo.pdf.
50. United States Census Bureau website, the U.S. and World
Population Clock, https://www.census.gov/popclock/.
51. Verizon, 2020 Data Breach Investigations Report.
52. Wharton University of Pennsylvania, ``How Undisclosed SEC
Investigations Lead to Insider Trading,'' March 2, 2020, https://knowledge.wharton.upenn.edu/article/undisclosed-sec-investigations-lead-insider-trading/.

Economic and Public Policy Analysis of Cyber Security for CAT LLC

1. 42 U.S. Code Sec.  247d-6d at Health Resources & Services
Administration, https://www.hrsa.gov/sites/default/files/gethealthcare/conditions/countermeasurescomp/covered_countermeasures_and_prep_act.pdf.
2. 42 U.S. Code Sec.  300aa-22, https://www.law.cornell.edu/uscode/text/42/300aa-22.
3. Andrew Duehren, ``Senate GOP Aims to Funnel Covid Liability Cases
to Federal Courts,'' The Wall Street Journal, July 16, 2020, https://www.wsj.com/articles/gop-senators-move-ahead-with-coronavirus-liability-plan-11594929198?mod=searchresults&page=1&pos=3.
4. Aon plc, US Cyber Market Update: 2019 US Cyber Insurance Profits
and Performance, June 2020, http://thoughtleadership.aon.com/Documents/202006-us-cyber-market-update.pdf.
5. Bhole, Bharat, and Jeffrey Wagner, ``The Joint Use of Regulation
and Strict Liability with Multidimensional Care and Uncertain
Conviction,'' International Review of Law and Economics Vol. 28
(2008).
6. Congressional Research Service, The PREP Act and COVID-19:
Limiting Liability for Medical Countermeasures, https://crsreports.congress.gov/product/pdf/LSB/LSB10443.
7. Consolidated Audit Trail, LLC's and Participants Memorandum of
Law in Opposition to SIFMA's Motion to Stay, May 6, 2020.
8. Consolidated Audit Trail website, FAQs, https://www.catnmsplan.com/faq.
9. Consolidated Audit Trail website, Security: FAQs, https://www.catnmsplan.com/faq.
10. De Geest, Gerrit, Giusseppe Dari-Mattiacci, ``Soft Regulators,
Tough Judges,'' Supreme Court Economic Review, Vol. 15 (2007).
11. Don Fullerton and Gilbert E. Metcalf, ``Tax Incidence,'' Chapter
26 in Alan Auerbach and Martin Feldstein, Handbook of Public
Economics, 2002. https://www.nber.org/papers/w8829.pdf.
12. Erin Ayers, ``US cyber market keeps growing, but pace slowed: AM
Best,'' Advisen Front Page News, July 22, 2020.
13. Harold Demsetz, ``When Does the Rule of Liability Matter?''
Journal of Legal Studies, Vol. 1, No. 1, (January 1972).
14. Health Resources & Services Administration, About the National
Vaccine Injury Compensation Program, https://www.hrsa.gov/vaccine-compensation/about/index.html.
15. Health Resources & Services Administration, The National Vaccine
Injury Compensation Program (VICP), https://www.hrsa.gov/sites/default/files/hrsa/vaccine-compensation/vaccine-injury-infographic-2017.pdf.
16. Jennifer C. Gravelle, ``Corporate Tax Incidence: A Review of
Empirical Estimates and Analysis,'' Congressional Budget Office
Working Paper 2011-01, June 2001. https://www.cbo.gov/sites/default/files/cbofiles/ftpdocs/122xx/doc12239/06-14-2011-corporatetaxincidence.pdf.
17. Jensen, Michael, ``Agency Costs of Free Cash Flow, Corporate
Finance, and Takeovers,'' American Economic Review, Vol. 76, No. 2
(May 1986).
18. Kolstad, Charles D., Thomas S. Ulen, and Gary V. Johnson, ``Ex
Post Liability for Harm vs. Ex Ante Safety Regulation: Substitutes
or Complements?'' The American Economic Review Vol. 80, No. 4 (Sep.
1990).
19. Mello, Michelle M., Amitabh Chandra, Atul A. Gawande, and David
M. Studdert, ``National Costs of the Medical Liability System,''
Health Affairs, Vol. 8, No. 9 (Sep. 2010).
20. Organisation for Economic Co-operation and Development,
Enhancing the Role of Insurance in Cyber Risk Management, (2017),
https://www.oecd-ilibrary.org/docserver/9789264282148-5-en.pdf?expires=1595620895&id=id&accname=guest&checksum=84A71DC31B31AD5ADA3B29E4BCA3BD62.
21. Public Health Service Act, January 5, 2017, As Amended Through
Public Law 114-255, Enacted December 13, 2016, https://www.hrsa.gov/sites/default/files/hrsa/vaccine-compensation/about/title-xxi-phs-vaccines-1517.pdf.
22. Ronald H. Coase, ``The Problem of Social Cost,'' Journal of Law
and Economics, Vol 3 (1960).
23. S&P Global Ratings, Global Reinsurance Highlights 2019.
24. Sasha Romanosky, Lillian Ablon, Andreas Kuehn and Therese Jones,
``Content Analysis of Cyber Insurance Policies: How Do Carriers
Price Cyber Risk?'' Journal of Cybersecurity, 2019.
25. SEC Office of Compliance Inspections and Examinations,
Cybersecurity: Ransomware Alert, July 10, 2020, https://www.sec.gov/files/Risk%20Alert%20-%20Ransomware.pdf.
26. SEC website, ``About the Office of Compliance Inspections and
Examinations,'' https://www.sec.gov/ocie/Article/ocie-about.html.
27. SEC website, ``Spotlight on Cybersecurity, the SEC and You,''
https://www.sec.gov/spotlight/cybersecurity.
28. SEC website, ``Spotlight on Regulation

SCI,'' https://www.sec.gov/spotlight/regulation-sci.shtml.
29. Shah, Syed Salman, and Ben Dyson, ``Cyber insurance-linked
securities have arrived, but market still in its infancy,'' S&P
Global Market Intelligence, https://www.spglobal.com/marketintelligence/en/news-insights/latest-news-headlines/cyber-insurance-linked-securities-have-arrived-but-market-still-in-infancy-46915334.
30. SIFMA website, About. https://www.sifma.org/about/.
31. Stephen Entin, ``Labor Bears Much of the Cost of the Corporate
Tax,'' Tax Foundation Special Report No. 238, October 2017. https://files.taxfoundation.org/20181107145034/Tax-Foundation-SR2382.pdf.
32. Steven Shavell, ``Liability for Accidents,'' Chapter 2 in
Handbook of Law and Economics, Vol. 1, Mitchell Polinsky and Steven
Shavell, eds., Elsevier, 2007.
33. Steven Shavell, ``Liability for Harm Versus Regulation of
Safety,'' The Journal of Legal Studies, Vol. 13, No. 2 (June 1984).
34. Steven Shavell, ``The Judgement Proof Problem,'' International
Review of Law and Economics Vol. 6, No. 1 (June 1 1986).
35. U.S. Court of Appeals, 2nd Circuit, Standard Investment
Chartered, Inc. v. National Association of Securities Dealers, et
al., https://caselaw.findlaw.com/us-2nd-circuit/1556297.html.
36. William M. Gentry, ``A Review of the Evidence on the Incidence
of the Corporate Income Tax,'' U.S. Department of the Treasury OTA
Paper 101, December 2007, https://www.treasury.gov/resource-center/tax-policy/tax-analysis/Documents/WP-101.pdf.

[FR Doc. 2020-29216 Filed 1-5-21; 8:45 am]
BILLING CODE 8011-01-P