[Federal Register: January 20, 2010 (Volume 75, Number 12)]
[Notices]
[Page 3223-3224]
[DOCID:fr20ja10-62]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER09-1048-000; ER09-1049-000; ER09-1050-000; ER09-1192-
000; ER09-1051-000; ER09-1063-000; ER09-1142-000]

California Independent System Operator Corporation; Midwest
Independent Transmission System Operator, Inc; . Southwest Power Pool,
Inc.; ISO New England, Inc. and New England Power Pool; PJM
Interconnection, LLC; New York Independent System Operator, Inc.;
Notice Providing Agenda for Technical Conference on RTO/ISO
Responsiveness

January 8, 2010.
    On November 13, 2009, the Commission issued a notice announcing
that the Commission staff would hold a technical conference in the near
future to address issues raised in the above-referenced Order No. 719
compliance proceedings.\1\ The notice indicated that the date, time,
and agenda for the conference would be announced in a subsequent
notice.
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    \1\ Wholesale Competition in Regions with Organized Electric
Market, Order No. 719, 73 FR 64,100 (Oct. 28, 2008), FERC Stats &
Regs. ] 31,281 (2008); order onreh'g, 74 FR 37,772 (July 29, 2009),
128 FERC ] 61,059 (2009) (Order No. 719-A).
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    The staff technical conference will be held on Thursday, February
4, 2010, from 12:30 p.m. to 4:30 p.m. (EST) in the Commission Meeting
Room at the Commission's Washington, DC headquarters, 888 First Street,
NE.
    As described in the November 13 Notice, this conference is intended
to provide a forum for participants to

discuss issues related to the responsiveness of regional transmission
organizations (RTOs) and independent system operators (ISOs) to their
customers and other stakeholders. Various parties filed specific
proposals in the above-referenced proceedings to address perceived
problems with stakeholder and Board processes and configurations. For
example, during the Order No. 719 compliance period, the Ohio
Consumers' Council filed a motion to lodge a report on RTO/ISO
governance written by the National Association of State Utility
Consumer Advocates (NASUCA). In the report, NASUCA argues that existing
RTO/ISO structures prevent effective participation by end-user
consumers for three reasons: (1) The decision making process is
complicated, (2) the decision making process is time intensive, and (3)
most consumers and their advocates lack the resources required to
meaningfully monitor and influence the stakeholder process. NASUCA
argues that for these reasons, there is a lack of adequate retail
consumer involvement under the current structure, which may lead to
decisions that do not adequately consider the price of electricity to
residential consumers.
    To address these concerns, NASUCA recommends the Commission take
action to reorganize the RTO/ISO stakeholder process and governance
structure. First, NASUCA states that it is necessary to have all RTO/
ISO Board meetings open to the public and include remote participation
by teleconference wherever possible. Next, NASUCA proposes a revised
governance structure that reflects consumer interests at the Board
level, through the inclusion of two Board members with Consumer
Advocate experience, at the Committee level, through a Standing
Committee dedicated to Consumer Affairs, and within the RTO/ISO,
through a Division of Consumer Affairs. NASUCA also recommends the
creation of a funding mechanism, via RTO/ISO fees, which would provide
resources for public representatives of consumers to support consumer
positions at all levels of the stakeholder process.
    In addition to the proposals made by NASUCA, other commenters argue
that RTOs and ISOs must take further steps to satisfy the criteria
established in Order No. 719 on responsiveness to customers and other
stakeholders, including proposals to reduce the number of RTO and ISO
meetings by streamlining approval processes and to include language in
RTO and ISO mission statements reflecting consumer interests.
    The technical conference will provide the Commission staff with the
opportunity to further explore these concerns and proposals with the
parties and the RTOs and ISOs. These dockets will remain open for 30
days following the conference in order to provide an opportunity for
the filing of written comments. Attached is an agenda for the
conference.
    This conference will be webcast. All interested parties are
invited, and there is no registration fee to attend.
    FERC conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free (866) 208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER>
with the required accommodations.
    Questions about the technical conference may be directed to Kurt
Longo at<EMAIL_ADDRESS>(202) 502-8048.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-919 Filed 1-19-10; 8:45 am]
BILLING CODE 6717-01-P


1 SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY STANDARDS OF PERFORMANCE MACT Subpart KK Printing and Publishing 1. Identification of the Information Collection 1( a) Title of the Information Collection ICR for MACT SUBPART KK  National Emission Standards for the Printing and Publishing Industry.

1( b) Short Characterization/ Abstract The Maximum Achievable Control Technology ( MACT) for the Printing and Publishing Industry were proposed on March 14, 1995 ( 60 FR 13664) and promulgated on May 30, 1996 ( 61 FR 27131). These standards apply to the following facilities in 40 CFR Subpart KK:

publication rotogravure, product and packaging rotogravure, and wide web flexographic printing presses at major sources, existing or commencing construction or reconstruction after the effective date of this subpart. This information is being collected to assure compliance with 40 CFR Part 63 Subpart KK.

Owners or operators of the affected facilities described must make one time only notifications. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. Monitoring requirements specific to MACT Subpart KK provide information on the operation of the emissions control device and compliance with the ( opacity) standard. Semiannual reports of excess emissions are required.

These notifications, reports, and records are essential in determining compliance; and are required, 2 in general, of all sources subject to MACT.

Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least 5 years following the date of measurements,

maintenance reports, and records.

Approximately 134 sources are currently subject to the standard although there are 9 additional areas sources that only need to keep records of HAP usage since they already did the initial notification during the previous ICR period, and it is estimated that an additional 1 source per year will become subject to the standard in the next three years. The cost of this ICR will be $ 2,754,485.12 dollars. This is based upon the information available in the previous ICR Supporting Statement and confirmed by a new AIRS data printout. All reports are sent to the delegated State or Local authority. In the event that there is no such delegated authority, the reports are sent directly to the EPA Regional Office.

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection The EPA is charged under Section 112 of the Clean Air Act, as amended, to establish standards of performance for each category or subcategory of major sources and area sources of hazardous air pollutants. These standards are applicable to new or existing sources of hazardous air pollutants and shall require the maximum degree of emission reduction:

In addition, Section 114( a) States that:

. . . the Administrator may require any owner or operator subject to any requirement of this Act to ( A) establish and maintain such records, ( B) make such reports, ( C)

install, use, and maintain such monitoring equipment or methods ( in accordance with 3 such methods at such locations, at such intervals, and in such manner as the Administrator shall prescribe), and ( D) sample such emissions, ( E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical, ( F) submit compliance certifications, and ( G)

provide such other information as he may reasonably require.

In the Administrator's judgment, Hazardous Air Pollutants ( HAP) emissions from MACT Subpart KK cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, MACT were promulgated for this source category at 40 CFR Part 63 Subpart KK.

2( b) PRACTICAL UTILITY/ USERS OF THE DATA Emissions of HAP from MACT Subpart KK are the result of operation of the publication rotogravure, product and packaging rotogravure, and wide web flexographic printing presses. For businesses that do not use materials substitution as a means of complying, the control of emissions of HAP from MACT Subpart KK requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment. These standards rely on the capture and reduction of HAP emissions by control devices like oxidizers and solvent recovery systems or by material substitution. Facilities may use continuous emissions monitoring or other measurement tests. The required notifications are used to inform the Agency or delegated authority when a source becomes subject to the standard. The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated,

leaks are being detected and repaired and the standard is being met. Performance test reports are needed as these are the Agency's record of a source's initial capability to comply with the emission 4 standard, and serve as a record of the operating conditions under which compliance was achieved.

Operating conditions may include combustion zone temperature, catalytic bed inlet temperature,

and volumetric gas flow. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations. The information generated by the monitoring, recordkeeping and reporting requirements described in this ICR is used by the Agency to ensure that facilities affected by the MACT continue to operate the control equipment and achieve continuous compliance with the regulation. Adequate monitoring,

recordkeeping, and reporting is necessary to ensure compliance with these standards, as required by the Clean Air Act. The information collected from recordkeeping and reporting requirements is also used for targeting inspections, and is of sufficient quality to be used as evidence in court.

3. Nonduplication, Consultations, and Other Collection Criteria 3( a) Nonduplication The recordkeeping and reporting requested is required under 40 CFR Part 63 Subpart KK.

If the standard has not been delegated the information is sent to the appropriate EPA Regional Office. Otherwise, the information is sent directly to the delegated State or Local Agency. If a State or Local Agency has adopted their own similar regulation to implement the Federal Regulation, a copy of the report submitted to the State or Local agency can be sent to the Administrator in lieu of the report required by the Federal Standard. Therefore, no duplication exists.

3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of a public comment period for the renewal of this ICR was published in the Federal Register on July 29,1999. 5 3( c) Consultations No comments were received on the burden published in the Federal Register.

3( d) Effects of Less Frequent Collection Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the required standards. Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met. If the information required by these standards was collected less frequently, the likelihood of detecting poor operation and maintenance of control equipment and noncompliance would decrease.

3( e) General Guidelines None of the reporting or recordkeeping requirements contained in 40 CFR Part 63 Subpart KK or otherwise pertinent to this request violate any of the regulations established by OMB in 5 CFR 1320.6.

3( f) Confidentiality The required information consists of emissions data and other information that have been determined not to be private. However, any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart B  Confidentiality of Business Information ( see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251,

September 20, 1978; 44 FR 17674, March 23, 1979).

3( g) Sensitive Questions 6 None of the reporting or recordkeeping requirements contained in 40 CFR Part 63 Subpart KK or otherwise pertinent to this request contain sensitive questions.

4. The Respondents and the Information Requested 4( a) Respondents/ SIC Codes The respondents of the recordkeeping and reporting requirements are owners and operators of publication rotogravure, product and packaging rotogravure , and wide web flexographic printing presses subject to MACT Subpart KK facilities. They are listed under SIC Code( s) 2392, 2652, 2653, 2656, 2657, 2671, 2673, 2674, 2676, 2679, 2711, 2721, 2741, 2754,

2759, 2771, 3089, 3497, and 3996. The governments is in the process of transitioning to the new North American Industrial Classification System ( NAICS). The NAICS code( s) for this industry are 322211, 322215, 322212, 322221, 32222, 322223, 326111, 322224, 322291, 322231,

322299, 322225, 326192, 51114, 51113, 51223, 511199, 323111, 323112, 323119, 323111,

326199, 322213, 314911.

4( b) INFORMATION REQUESTED ( I) Data Items All data in this ICR that is recorded and/ or reported is required by 40 CFR Part 63 Subpart MACT Subpart KK. 7 A source must make the following reports Notification Reports Initial notification 63.830( b), 63.5( d), 63.9( b), 63.10( f)

Notification of change from 63.820( a)( 2) 63.821( a)( 6)

Notification of compliance status 63.9( h) , 63.830( b)

Initial performance test and evaluation 63.830( b) , 63.7( b), 63.9( e),( g),( j)

Rescheduled initial performance test 63.7( b)( 2)

Reports Initial performance test results 63.830( b) , 63.6( g) 63.10( d),( e)

Opacity or visible emissions 63.10( d)( 3)

Periodic startup, shutdown, malfunction reports 63.830( b), 63.6( e), 63.10( a),( d)

Summary report 63.830( b), 63.10( e)

Excess emission and CMS performance reports 63.830( b) , 63.10( a),( e) 8 A source must keep the following records.

Recordkeeping Startups, shutdowns, malfunctions, periods where the continuous monitoring system is inoperative 63.829( b), 63.10( b)( 2)

Emission test results and other data needed to determine emissions, operating parameters, etc. 63.824( b), 63.825( b, c, d, e, f, g), 63.828( a), 63.829( b, c, d, e, f)

All reports and notifications 63.10( b)

Record of applicability 63.10( b)( 3)

Records for sources with continuous monitoring systems 63.829, 63.10( c)

Records of maintenance 63.829( b),

63.10( b)( 2)

Records are required to be retained for 5 Years. All MACT standards require 5 years of record retention. The first 2 years of records must be kept onsite.

ii. Respondent Activities Respondent Activities Read instructions.

Install, evaluate, calibrate, maintain, and operate CMS 63.824( b), 63.825( c, d), 63.828( a), 63.8( c)

Perform initial performance test, Reference Method 311 test, and repeat performance tests if necessary. Conduct CMS performance evaluation 63.827( d), 63.7( e), 63.8( e)

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information. Respondent Activities 9 Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information.

Adjust the existing ways to comply with any previously applicable instructions and requirements.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

5. The Information Collected  Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities EPA conducts the following activities in connection with the acquisition, analysis, storage,

and distribution of the information required under 40 CFR Part 63 Subpart KK:

Agency Activities Observe initial performance tests and repeat performance tests if necessary.

Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Aerometric Information Retrieval System ( AIRS) database.

5( b) Collection Methodology and Management 10 Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operated. Performance test reports are used by the Agency to discern a source's initial capability to comply with the emission standard , and note the operating conditions under which compliance was achieved. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

Information contained in the reports is entered into AIRS which is operated and maintained by EPA's Office of Air Quality Planning and Standards. AIRS is EPA's database for the collection, maintenance, and retrieval of compliance and annual emission inventory data for over 100,000 industrial and government owned facilities. EPA uses AIRS for tracking air pollution compliance and enforcement by Local and State regulatory agencies, and EPA Regional Offices and Headquarters. EPA and its delegated Authorities can edit, store, retrieve and analyze the data. The records required by this regulation must be retained by the owner or operator for five years.

5( c) Small Entity Flexibility Because the standard applies only to owners and operators or rotogravure and wide web flexographic presses located at major sources, only a small fraction of the small businesses in the industry are expected to be affected. The recordkeeping and reporting requirements were selected within the context of this specific subpart and the specific process equipment and pollutants. The impact on small businesses was accounted for in the regulation development. Even though, the recordkeeping and reporting requirements are the same for small and larger businesses. To the 11 extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced. The Agency considers these requirements the minimum needed to ensure compliance and, therefore, cannot reduce them further for small businesses.

5( d) Collection Schedule The specific frequency for each information collection activity within this request is shown on Table 2.

6. Estimating the Burden and Cost of the Collection Table 2 documents the computation of individual burdens for each of the recordkeeping and reporting requirements applicable to the industry. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions have been identified.

The information collection is consistent and compatible, to the maximum extent practicable, with the respondents existing reporting or recordkeeping practices. There have been no changes to the reporting and recordkeeping practices. Responses to this information collection are mandatory.

The 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 OMB control number.

6( a) Estimating Respondent Burden The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated at 52495 person hours. These hours are based on Agency studies and background documents from the development of the standards or test methods, Agency knowledge and experience with the MACT program, the previously approved ICR, and any comments received. 12 6( b) Estimating Respondent Costs ( I) Estimating Labor Costs This ICR uses labor rates of $ 62.07 per hour which were calculated from the technical hours from Table 2 plus management hours being 5% of technical hours and clerical hours being 10% of technical hours. The values used for those three categories are: Executive,

Administrative, and Managerial $ 73.93 ($ 35.20 + 110%) ; Technical $ 54.94 ($ 26.16 +

110%); and Clerical $ 34.42 ($ 16.39 + 110%). These rates are from the United States Department of Commerce Bureau of Labor Statistics, March 1999, Table 10: Employment Costs for Private Industry by Occupational and Industry Group. The rates are from column 1:

Total compensation. The wage rates have been loaded by adding 110% overhead.

( ii) Estimating Capital and Operations and Maintenance Costs .

The type of industry costs associated with the information collection activity in the standards are labor and CEMs if used, or other monitoring devices for solvent recovery or oxidizers if used. The capital start up costs are one time costs when a facility becomes subject to the standard. The capital start up costs for this regulation are $ 7,000 dollars per year. This is based on 1 new sources during the 3 year period of the ICR who installs a CMS which costs $ 20,000. The annual operations and maintenance costs are $ 396,000 dollars. This is based on 44 existing sources multiplied by $ 9000 for upkeep of the monitoring device. The total respondent costs have been calculated on the addition of the capital start up costs and the annual operations and maintenance costs. The average annual burden for capital and operations and maintenance costs to industry over the next three years of the ICR is estimated to be $ 403,000.

( iii) Capital/ Start up vs. Operating and Maintenance ( O& M) Costs 13 Respondents have a choice about how to comply with the regulations. We are assuming that 30%

will use Continuous monitor systems. Start up costs are based on one facility installing CMS during the 3 year period of the ICR period which would be approximately $ 7,000. per year.

Monitoring device start up cost ($) annual O& M costs ($)

Continuous monitor For 1 unit: For 1 unit $ 20,000 $ 9,000 6( c) Estimating Agency Burden and Cost The only Federal costs are user costs associated with analysis of the reported information.

Publication and distribution of the information are part of the AIRS program. Examination of records to be maintained by the respondents will occur as part of the periodic inspection of sources, which is part of EPA's overall compliance and enforcement program.

The average annual Federal Government cost during the 3 years of the ICR is estimated to be $ 10,927.35 ( from table 1). This cost is based on an average wage of a ( GS 10 step 1 employee rate, ($ 16.52 hr + 110% overhead = $ 34.69. Details upon which this estimate is based appear in Table 1: Agency Burden.

6( d) Estimating the Respondent Universe and Total Burden and Costs 14 The number of existing sources subject to MACT Subpart KK is 134. The number of new sources subject to MACT Subpart KK during the three years of the ICR will be 3. The number of total respondents is 135. This is the number of existing sources plus the number of sources anticipated in one year. The total annual responses is 273. This number is calculated from the number of new sources multiplied by the number of initial reports, plus the number of existing sources multiplied by the semiannual reports. The total annual labor costs are $ 2,754,485.12 and total annual capital and O& M costs to the regulated entity are $ 403,000 dollars. Details upon which this estimate is based appear in Table 2: Industry Burden.

6( e) Bottom Line Burden Hours And Cost Tables Please refer to the attachments.

6( f) Reasons for Change in Burden The change in burden hours and in burden cost from the most recently approved ICR are due to an adjustment. The slight increase ( less than 2%) in burden hours from the most recently approved ICR is due to more facilities writing excess emission reports and keeping maintenance records than was estimated in the previous ICR although there are a lower number of sources actually in existence than was originally estimated. The increase in cost burden is due to the increased cost of labor.

There is a large reduction in annual reporting and recordkeeping cost burden due to the current approved OMB inventory listed as 29,000 ( in thousands of dollars). The new value is 403 ( in thousands of dollars). It appears the previous value was actually the cost in dollars for one facility who had to install the CMS and for O& M for one year.

6( g) Burden Statement 15 Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. 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 OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division ( 2822), U. S. Environmental Protection Agency, 401 M St., S. W., Washington, D. C. 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Include the EPA ICR number 1739.03 and OMB control number 2060 0335 in any correspondence.

Part B of the Supporting Statement This part is not applicable because no statistical methods were used in collecting this information.


[Federal Register Volume 81, Number 236 (Thursday, December 8, 2016)]
[Notices]
[Pages 88675-88676]
[FR Doc No: 2016-29423]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-19-000]

Valley Crossing Pipeline, LLC; Notice of Application

    Take notice that on November 21, 2016, Valley Crossing Pipeline,
LLC (Valley Crossing), 5400 Westheimer Court, Houston, Texas 77056,
filed an application in Docket No. CP17-19-000 under section 3 of the
Natural Gas Act (NGA), and Part 153 of the Commission's regulations
requesting authorization to site, construct, and operate new natural
gas facilities to import/export natural gas between the United States
to the Republic of Mexico at a point on the International Boundary in
Texas state waters (Border Crossing Project), all as more fully set
forth in the application which is on file with the Commission and open
to public inspection. The facilities will consist of a segment of 42-
in-diameter pipe that extends 1,000 feet in the Gulf of Mexico in Texas
state waters to the International Boundary between the United States
and Mexico. The filing is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's Web site web
at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions concerning this application may be directed to Lisa
A. Connolly, General Manager, Rates and Certificates Department, Valley
Crossing Pipeline, LLC, 5400 Westheimer Court, Houston, TX 77056; by
calling<PHONE_NUMBER>; by faxing<PHONE_NUMBER>; or by emailing
<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules (18 CFR 157.9),
within 90 days of this Notice, the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit seven copies of filings made in the proceeding with the
Commission and must mail a copy to the applicant and to every other
party. Only parties to the proceeding can ask for court review of
Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents

filed by other parties or issued by the Commission (except for the
mailing of environmental documents issued by the Commission) and will
not have the right to seek court review of the Commission's final
order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 7 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.

Comment Date: December 23, 2016.

    Dated: December 2, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-29423 Filed 12-7-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 28 (Tuesday, February 11, 2014)]
[Notices]
[Pages 8212-8213]
[FR Doc No: 2014-02873]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71480; File No. SR-BOX-2014-07]

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change to
Amend the Fee Schedule

February 5, 2014.
    Pursuant to Section 19(b)(1) under the Securities Exchange Act of
1934 (the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby
given that on January 23, 2014, BOX Options Exchange LLC (the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Exchange filed the proposed rule change pursuant to Section
19(b)(3)(A)(ii) of the Act,\3\ and Rule 19b-4(f)(2) thereunder,\4\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing with the Securities and Exchange Commission
(``Commission'') a proposed rule change to amend the Fee Schedule on
the BOX Market LLC (``BOX'') options facility to remove the reference
to the Nasdaq 100 Index (NDX) as well as to modify language in the
footnotes. The text of the proposed rule change is available from the
principal office of the Exchange, at the Commission's Public Reference
Room and also on the Exchange's Internet Web site at http://boxexchange.com.

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

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

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

1. Purpose
    The Exchange proposes to amend the Fee Schedule for trading on BOX
to remove the reference to the Nasdaq 100 Index (NDX) and to modify
language in the footnotes.
    Because the Exchange has delisted the Nasdaq 100 Index (NDX),\5\
the Exchange proposes to remove the reference to NDX from the BOX Fee
Schedule. Currently, Section I Exchange Fees of the BOX Fee Schedule
provides for a surcharge to be applied to options on any index traded
on BOX; which includes a $0.22 per contract surcharge for options on
NDX. The Exchange has since delisted options on NDX and they are no
longer traded on BOX. As such, no related surcharge will apply, and the
Exchange is proposing to remove the reference to the BOX Fee Schedule.
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    \5\ See Securities Exchange Act Release No. 71084 (December 16,
2013), 78 FR 77185 (December 20, 2013) (SR-BOX-2013-58) (Notice of
Filing and Immediate Effectiveness).
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    In addition, the Exchange is proposing to amend the language in
footnotes 6 and 7 in Sections I.A. and I.B. of the Fee Schedule. The
Exchange recently added these footnotes to permit the Exchange to
adjust the average daily volume calculation for any trading day on
which the Exchange is closed for trading due to an early closing or a
market-wide trading halt.\6\ The Exchange proposes to modify the
language in these footnotes to state ``For purposes of calculating
monthly ADV, BOX will count as a half day any day that the market
closes early for a holiday observance.'' The Exchange believes this
proposed change will reduce investor confusion by clarifying when the
Exchange will make adjustments to the monthly Average Daily Volume
(``ADV'') calculation.
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    \6\ See Securities Exchange Act Release No. 71025 (December 6,
2013), 78 FR 75644 (December 12, 2013) (SR-BOX-2013-55) (Notice of
Filing and Immediate Effectiveness).
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    Specifically, all days where the Exchange closes early for holiday
observance will be counted as a half day in the monthly ADV
calculation. While Participants are always aware in advance of early
close days, these are typically low volume days and the Exchange
believes counting these days as a full day for purposes of the ADV
calculation would not be fair to Participants. This will clarify that
the Exchange will not make any adjustments to the ADV calculation on
days where trading in all securities was halted for a period of time.
While certain exchanges remove these days from their ADV
calculations,\7\ the Exchange believes that the timing and impact of
trading halts can vary substantially, and removing these days entirely
from the ADV calculation is not always appropriate. Since trading halts
occur very rarely, the Exchange believes it is reasonable to always
include these days in the ADV calculation and that doing so will reduce
investor confusion about what instances qualify for the ADV adjustment.
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    \7\ NASDAQ OMX PHLX, LLC (``PHLX''), NASDAQ Options Market
(``NOM'') and the International Securities Exchange, LLC (``ISE'')
all exclude days from their respective ADV calculations if there a
trading halt in all securities or the exchange is honoring a market-
wide trading halt declared by another market.
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2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act, in general, and Section
6(b)(4) and 6(b)(5)of the Act,\8\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees, and other
charges among BOX Participants and other persons using its facilities
and does not unfairly discriminate between customers, issuers, brokers
or dealers. In particular, this proposed change removes from the BOX
Fee Schedule a reference to a fee that is no longer applicable since
options on NDX have been delisted and are no longer traded on BOX.
Additionally, the proposed modification to the language in footnotes 6
and 7 will provide greater clarity to the Exchange's procedures for
making adjustments in calculating monthly ADV on days when the market

closes early for holiday observances thereby reducing investor
confusion.
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    \8\ 15 U.S.C. 78f(b)(4) and (5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposed changes are not
designed to address any competitive issue but rather would remove the
reference to NDX that is no longer applicable because options on NDX
have been delisted and are no longer traded on BOX and would provide
clarification to the Exchange's procedures for making adjustments in
calculating monthly ADV on days when the market closes early for
holiday observances.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Exchange Act \9\ and Rule 19b-4(f)(2)
thereunder,\10\ because it establishes or changes a due, or fee.
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    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend the rule
change if it appears to the Commission that the action is necessary or
appropriate in the public interest, for the protection of investors, or
would otherwise further the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BOX-2014-07 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BOX-2014-07. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BOX-2014-07 and should be
submitted on or before March 4, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-02873 Filed 2-10-14; 8:45 am]
BILLING CODE 8011-01-P