[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)]
[Proposed Rules]
[Pages 60082-60091]
[FR Doc No: 2015-24705]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 201

[Release No. 34-75977; File No. S7-19-15]
RIN 3235-AL87

Amendments to the Commission's Rules of Practice

AGENCY: Securities and Exchange Commission.

ACTION: Proposed rule.

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SUMMARY: The Securities and Exchange Commission (``Commission'') is
proposing for public comment amendments to its Rules of Practice that
would require persons involved in

administrative proceedings to submit all documents and other items
electronically. The proposed amendments are intended to enhance the
accessibility of administrative proceedings by ensuring that filings
and other information concerning administrative proceedings are more
readily available to the public.

DATES: Comments should be received on or before December 4, 2015.

ADDRESSES: Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/proposed.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number S7-19-15 on the subject line; or
     Use the Federal eRulemaking Portal (http://www.regulations.gov). Follow the instructions for submitting comments.

Paper Comments

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

All submissions should refer to File Number S7-19-15. This file number
should be included on the subject line if email is used. To help us
process and review your comments more efficiently, please use only one
method of submission. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec/gov/rules/proposed.shtml). Comments are also 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
a.m. and 3 p.m. All comments received will be posted without change; we
do not edit personal identifying information in submissions. You should
submit only information that you wish to make available publicly.

FOR FURTHER INFORMATION CONTACT: Adela Choi, Senior Counsel, and Laura
Jarsulic, Associate General Counsel, Office of the General Counsel,
(202) 551-5150, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549.

SUPPLEMENTARY INFORMATION: The Commission proposes to amend its Rules
of Practice. The amendments are being proposed as a result of the
Commission's experience with its existing rules.

I. Introduction

    The Commission proposes to make targeted amendments to its Rules of
Practice that would automate and modernize aspects of the filing
process in administrative proceedings to facilitate the flow of
information to the public. The Commission recognizes the need to ensure
that public administrative proceeding records are made available to the
public as quickly as possible. Roughly 100 requests for records related
to administrative proceedings were made each year over the last three
years, and certain records were requested by multiple members of the
public.
    The Commission currently is developing a comprehensive Internet-
based electronic system that would, among other things, allow persons
in administrative proceedings to file and serve documents
electronically and facilitate the prompt distribution of public
information regarding administrative proceedings. In conjunction with
the development of this system, the Commission proposes to require
electronic submissions. The Commission believes that electronic
submissions will enhance the transparency of administrative proceedings
by providing a quicker way for the Commission to make records available
to the public. In addition, the Commission believes that the electronic
system will increase its ability to efficiently process filings, and
may decrease costs for parties who may file and serve submissions
electronically, rather than in paper format.\1\
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    \1\ As part of the ongoing effort to make records available to
the public promptly, the Commission now posts on its Web site more
types of documents associated with administrative proceedings, such
as significant pleadings filed by parties. Previously, only
documents issued by the Commission and Administrative Law Judges,
such as adjudicatory initial decisions, opinions, and orders, were
posted on the Web site.
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    There are three main components to the proposed approach. First,
persons involved in administrative proceedings who currently are
required to file documents under Rules 151 and 152 of the Commission's
Rules of Practice would be required to file such documents
electronically through a secure system on the Commission's Web site at
www.sec.gov that is designed to receive uploads of documents and
attachments. Filing by facsimile and in paper format would no longer be
permitted absent the filing of a certification that the person
reasonably cannot comply with the electronic filing requirement.
However, as discussed further below, for the first 90 days after the
proposed amendments become final, the Commission intends to administer
a phase-in period that would require all filings to be made both
electronically and in paper format. Second, parties that are required
to serve documents under Rule 150 would be required to serve each other
electronically in the form and manner that is prescribed in the
guidance posted on the Commission's Web site.
    The third component would require filers to exclude or redact
sensitive personal information from electronic filings and submissions
in accordance with the Commission's obligation to protect such
information under the Privacy Act of 1974, as amended.\2\ Sensitive
personal information would be defined as a Social Security number,
taxpayer identification number, financial account number, credit card
or debit card number, passport number, driver's license number, state-
issued identification number, home address (other than city and state),
telephone number, date of birth (other than year), names and initials
of minor children, as well as any sensitive health information
identifiable by individual, such as an individual's medical records.
There are exceptions to this proposed definition. Specifically, persons
need not redact the last four digits of a taxpayer identification
number, financial account number, credit card or debit card number,
passport number, driver's license number, and state-issued
identification number. Nor would persons need to redact home addresses
and telephone numbers of parties and persons filing documents with the
Commission; business telephone numbers; and copies of unredacted
filings by regulated entities or registrants that are available on the
Commission's public Web site. The definition of sensitive personal
information would not include a personal email address. We seek
comments about whether the disclosure of personal email addresses
generally and home addresses of parties and persons filing documents
with the Commission could have an adverse

effect on persons or parties, and whether, as a result, these terms
should be included in the definition of sensitive personal information
that must be excluded or redacted.
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    \2\ 5 U.S.C. 552a. Federal courts and certain federal agencies
require the exclusion or redaction of certain sensitive personal
information contained in filings. See, e.g., Fed. R. Civ. P. 5.2
(Privacy Protection for Filings Made with the Court); Consumer
Financial Protection Bureau, Rules of Practice for Adjudication
Proceedings, Rule 112, 12 CFR 1081.112 (Formal Requirements as to
Papers Filed); National Labor Relations Board, E-Filing Terms for
Selected Documents in Unfair Labor Practice and Representation
Cases, available at http://www.nlrb.gov/sites/default/files/attachments/basic-page/node-1673/electronic_filings.pdf (last
visited Sept. 10, 2015). The electronic filings and submissions
discussed herein are systems of records that the Commission has
previously identified as covered by the Privacy Act.
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    If the person making a filing believes that sensitive personal
information is necessary to the proceeding, the person would need to
file a motion for a protective order in accordance with Rule 322 to
limit disclosure of the sensitive personal information. In accordance
with the proposed amendments to Rule 322, and only if review of the
documents is necessary to a ruling on the motion, the person would be
required to file an unredacted version of the submission to be used by
the hearing officer and the Commission for purposes of the proceeding,
and a redacted version to be used for distribution to the public. A
redacted version would not need to be filed if the submission would be
redacted in its entirety. This reflects current practice when parties
file motions for protective orders pursuant to the Rules of Practice.
    As a corollary to incorporating electronic filings into the Rules
of Practice, self-regulatory organizations and the Public Company
Accounting Oversight Board (``PCAOB'') would be required to file
electronically with the Commission a copy of a record that is the
subject of an appeal.

II. Discussion of Proposed Amendments

    The proposed amendments are as follows:

A. Proposed Amendments to Rule 140

    Rule 140 \3\ requires the Secretary or other authorized person to
sign Commission orders and decisions. The proposed amendment would
clarify that the signature may be an electronic signature. An
electronic signature could consist of an ``/s/'' notation or any other
digital signature.
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    \3\ 17 CFR 201.140.
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B. Proposed Amendments to Rule 151

    Rule 151(a) \4\ currently sets forth the procedural requirements
for filing papers with the Commission. The proposed amendment would
require a person to make filings electronically pursuant to the
requirements of Rule 152(a).\5\ Filing by facsimile and in paper format
would no longer be permitted absent a certification filed under Rule
152(a)(1) that explains why the person reasonably cannot comply with
the electronic filing requirement. During a 90-day phase-in period
after adoption, filings would have to be made in both paper and
electronic format.
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    \4\ 17 CFR 201.151(a).
    \5\ 17 CFR 201.152(a).
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    Rule 151(d) \6\ would be amended to include an email address in the
certificate of service for those parties served by email.
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    \6\ 17 CFR 201.151(d).
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    Proposed new Rule 151(e) \7\ would require persons to exclude or
redact sensitive personal information, which would be defined as a
Social Security number, taxpayer identification number, financial
account number, credit card or debit card number, passport number,
driver's license number, state-issued identification number, home
address (other than city and state), telephone number, date of birth
(other than year), names and initials of minor children, as well as any
sensitive health information identifiable by individual, such as an
individual's medical records. There would be three exceptions to the
definition. First, persons may, but would not be required to, exclude
or redact the last four digits of a taxpayer identification number,
financial account number, credit card or debit card number, passport
number, driver's license number, and state-issued identification
number. Second, persons would not be required to redact home addresses
and telephone numbers of parties and persons filing documents with the
Commission. Third, persons would not be required to redact any
information from copies of filings by regulated entities or registrants
that are available on the Commission's public Web site. All filings
must include a certification that any sensitive personal information
has been excluded or redacted from the filing or, if necessary to the
filing, has been filed under seal pursuant to Rule 322.
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    \7\ 17 CFR 201.151(e).
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    If the person making a filing believes that sensitive personal
information is necessary to the proceeding, the person would need to
file a motion for a protective order in accordance with Rule 322 \8\ to
limit disclosure of the sensitive personal information. If review of
the documents that are the subject of a motion for a protective order
is necessary to a ruling on the motion, the proposed amendment to Rule
322 would require a person to file an unredacted version of the
submission to be used by the hearing officer and the Commission for
purposes of the proceeding, and a redacted version to be used for
distribution to the public. The unredacted version would be required to
have the confidential information marked and include the words ``Under
Seal'' on the first page of the document. The redacted version would be
required to be identical in all other respects to the unredacted
version. A person would not be required to file a redacted version if
the submission would be redacted in its entirety. This process would be
required for all kinds of motions for protective orders made pursuant
to Rule 322, i.e., not just those motions filed regarding sensitive
personal information.
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    \8\ 17 CFR 201.322.
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C. Proposed Amendments to Rule 152

    Like Rule 151, the proposed amendments to Rule 152(a) would make
clear that all filings shall be made electronically. Rule 152(a) would
direct persons to follow guidance issued by the Secretary on the
Commission's Web site at www.sec.gov. For example, the guidance would
provide instructions on how to file electronically through a secure
system on the Commission's Web site or other means; information about
the Commission's Privacy Act obligations, including information about a
filer's responsibilities to redact sensitive personal information; and
the terms and conditions of using the Web site. Generally speaking,
persons would use the secure system on the Commission's Web site
pursuant to Rule 152 to file documents, such as briefs and motions and
their attachments, petitions for review, and applications for review.
Under Rule 152(a), papers would need to be filed on the secure system
before midnight Eastern Time, as opposed to 5:30 p.m. Eastern Time, the
current deadline for filing papers.
    The Commission recognizes that a person involved in an
administrative proceeding may be unable to submit documents
electronically during either the entire proceeding or a portion
thereof. For example, a person who is incarcerated at the time of the
proceeding may not have access to the Internet or other electronic
media necessary to file documents through the Commission's secure
system. There may be other reasons why a person reasonably cannot
comply with the electronic filing requirement.
    A person who reasonably cannot comply with the requirement must
file a certification under Rule 152(a)(1) that explains why the person
reasonably cannot comply. The filing also must indicate the expected
duration of the person's reasonable inability to comply, such as
whether the certification is intended to apply to a solitary filing or
all filings made during the proceeding. The certification is
immediately effective. Upon filing the certification, it will be part
of the record of the proceeding, and the person may file

paper documents by any additional method listed in Rule 152(d).
    Rule 152(a) would be amended to provide additional methods of
filing if a person reasonably cannot comply with the electronic filing
requirements. Filers should take note that the Commission would need to
receive mailed, couriered, or hand-delivered filings by 5:30 p.m.
Eastern Time because the Commission is unable to accept such filings
after that time. The Commission would need to receive facsimile
transmissions by midnight Eastern Time.
    The proposed amendment also would provide that electronic filings
that require a signature pursuant to Rule 153 \9\ may be signed with an
``/s/'' notation, which shall be deemed the signature of the person
making the filing for purposes of Rule 153.
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    \9\ 17 CFR 201.153.
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D. Proposed Amendments to Rule 351

    Rule 351 \10\ currently sets forth the requirements regarding the
transmittal of documents to the Secretary and the preparation,
issuance, and certification of a record index. Rule 351(b) \11\
requires the hearing officer to transmit to the Secretary an index of
the originals of any motions, exhibits or any other documents filed
with or accepted into evidence by the hearing officer that have not
been previously transmitted to the Secretary. The Secretary then shall
prepare a record index and transmit it to the hearing officer and serve
a copy on each party. Any person may file proposed corrections to the
record index with the hearing officer within fifteen days of service of
the record index. The proposed amendment to Rule 351(b) would reduce
that amount of time to three days but would provide persons who oppose
the proposed corrections three days to file an opposition.
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    \10\ 17 CFR 201.351.
    \11\ 17 CFR 201.351(b).
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    Proposed new Rule 351(c) \12\ would state that, no later than five
days after the Secretary serves a final record index, the parties shall
submit electronically, through the same secure system used for filings
under Rules 151 and 152, copies of all exhibits that were admitted, or
offered and not admitted, during the hearing, and any other exhibits
that were admitted after the hearing. The parties shall submit such
evidence in the form and manner that is prescribed in the guidance
posted on the Commission's Web site and shall certify that exhibits and
other documents or items submitted to the Secretary are true and
accurate copies of exhibits that were admitted, or offered and not
admitted, during the hearing. Generally speaking, parties would follow
Rule 351 to submit record exhibits and other documents or items that
are not attached to filings, i.e., materials accepted into evidence by
a hearing officer under Rule 351 in connection with an in-person
hearing. As under Rule 151(a), the submission deadline depends on the
method of delivery that is used.
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    \12\ 17 CFR 201.351(c).
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    As under Rule 151(e), the proposed amendment to Rule 351(c) would
set forth the same definition of sensitive personal information,
require its redaction or omission from all submissions under Rule 351,
provide a process for seeking a protective order under Rule 322 with
respect to sensitive personal information that is necessary to the
proceeding, and require a certification that sensitive personal
information has been excluded or redacted or filed under seal. A person
who reasonably cannot submit exhibits electronically must file a
certification under Rule 351(c)(2) that explains why the person
reasonably cannot comply. The filing also must indicate the expected
duration of the person's reasonable inability to comply, such as
whether the certification is intended to apply to a solitary submission
or all submissions made during the proceeding. The certification is
immediately effective. Upon filing the certification, it will be part
of the record of the proceeding, and the person shall submit originals
of any exhibits that have not already been submitted to the Secretary
by other means. Rule 351(c) also would state that electronic
submissions that require a signature pursuant to Rule 153 may be signed
with an ``/s/'' notation, which shall be deemed the signature of the
person making the filing for purposes of Rule 153.

E. Phase-In Period

    For the first 90 days after the proposed amendments become final,
the Commission intends to administer a phase-in period that would
require all filings to be made both electronically and in paper format.
The Commission preliminarily believes that a 90-day phase-in period is
a reasonable amount of time for persons to become proficient in the
electronic filing procedures while ensuring that the Commission
receives the filing should there be an electronic transmission failure.
However, it may be appropriate to extend the phase-in period if persons
are experiencing substantial difficulties with the electronic filing.

F. Other Proposed Amendments

    Rule 150(c) \13\ would be amended to require parties to serve each
other electronically in the form and manner that is prescribed in the
guidance posted on the Commission's Web site. Electronic service by
email is a practice that appears to occur already in administrative
proceedings. Electronic service would need to occur contemporaneously
with filing, and the timing of service would therefore differ depending
on the filing method. As with electronic filing, a party who reasonably
cannot comply with the electronic service requirement must file a
certification under Rule 150(c)(1) that explains why the person
reasonably cannot comply. The filing also must indicate the expected
duration of the person's reasonable inability to comply, such as
whether the certification is intended to apply to a solitary instance
of service or all instances of service made during the proceeding. The
certification is immediately effective. Upon filing the certification,
it will be part of the record of the proceeding, and the person may
serve paper documents by any additional method listed in Rule 150(d).
Rule 150(d) would be amended to provide additional methods of service
if a person reasonably cannot comply with the electronic service
requirements, or if service is of an investigative subpoena pursuant to
17 CFR 203.8. Under Rule 150(e),\14\ electronic service would be deemed
complete upon transmission.
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    \13\ 17 CFR 201.150(c).
    \14\ 17 CFR 201.150(e).
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    Rule 141(b) \15\ would be amended to allow the Secretary to serve
orders and decisions, other than an order instituting proceedings,
electronically.
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    \15\ 17 CFR 201.141(b).
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    Currently, Rule 102(d) \16\ requires a person to provide to the
Commission certain contact information that may be used during an
administrative proceeding. The proposed amendment clarifies that a
mailing address and an email address shall be provided under paragraphs
(d)(1), (d)(2), and (d)(4).\17\
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    \16\ 17 CFR 201.102(d).
    \17\ 17 CFR 201.102(d)(1), (d)(2), (d)(4).
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    Rule 193 \18\ currently provides that an original and three copies
of an application shall be filed under Rules 151, 152, and 153, and
that such application shall be supported by a manually signed
affidavit. The proposed amendment would delete the term ``manually,''
delete the reference to one original and three copies, and leave the

cross reference to Rules 151, 152, and 153 to account for electronic
filing.
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    \18\ 17 CFR 201.193.
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    Rule 420 \19\ sets forth the requirements regarding appeals of
determinations by self-regulatory organizations. Currently, Rule 420(e)
\20\ requires a self-regulatory organization to certify and file with
the Commission one copy of the record upon which the action complained
of was taken, to file with the Commission three copies of an index to
such record, and to serve upon each party one copy of the index within
fourteen days after receiving an application for review or a Commission
order for review. The proposed amendment would require the self-
regulatory organization to file such information electronically.
Further, if such information contains sensitive personal information,
the self-regulatory organization would be required to file
electronically a copy of the record and index that redacts or omits the
sensitive personal information and to certify that any sensitive
personal information has been excluded or redacted. The requirements
for filing and serving would continue to be governed by Rules 150-152.
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    \19\ 17 CFR 201.420.
    \20\ 17 CFR 201.420(e).
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    Rule 440 \21\ sets forth the requirements regarding appeals of
determinations by the PCAOB. Rule 440(d) \22\ currently requires the
PCAOB to certify and file with the Commission one copy of the record
upon which it took the complained of action, to file with the
Commission three copies of an index to such record, and to serve upon
each party one copy of the index within fourteen days after receiving
an application for review. The proposed amendment would require the
PCAOB to file such information electronically. Further, if such
information contains sensitive personal information, the PCAOB would be
required to file electronically a redacted copy of the record and index
that redacts or omits the sensitive personal information and to certify
that any sensitive personal information has been excluded or redacted.
The requirements for filing and serving would continue to be governed
by Rules 150-152.
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    \21\ 17 CFR 201.440.
    \22\ 17 CFR 201.440(d).
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    The United States Postal Service changed the name of the product
known as Express Mail to Priority Mail Express. Rule 141(a)(2)(i),
(ii), (iii), (vi), (a)(3) and Rule 150(a)(2), (d) would be amended to
refer generically to ``express mail.''

III. Request for Public Comment

    We request and encourage any interested person to submit comments
regarding: (1) The definition of sensitive personal information, (2)
the potential adverse effects, if any, of disclosing personal email
addresses and home addresses of parties and persons filing documents
with the Commission, (3) alternative approaches to handling personal
email addresses and home addresses of parties and persons filing
documents with the Commission, (4) the other proposed changes that are
the subject of this release, (5) additional or different changes, or
(6) other matters that may have an effect on the proposals contained in
this release.

IV. Administrative Procedure Act, Regulatory Flexibility Act, and
Paperwork Reduction Act

    The Commission finds, in accordance with Section 553(b)(3)(A) of
the Administrative Procedure Act,\23\ that these revisions relate
solely to agency organization, procedure, or practice. They are
therefore not subject to the provisions of the Administrative Procedure
Act requiring notice, opportunity for public comment, and publication.
The Regulatory Flexibility Act \24\ therefore does not apply.\25\
Nonetheless, the Commission has determined that it would be useful to
publish these proposed rules for notice and comment before adoption.
Because these rules relate to ``agency organization, procedure or
practice that does not substantially affect the rights or obligations
of non-agency parties,'' they are not subject to the Small Business
Regulatory Enforcement Fairness Act.\26\ To the extent these rules
relate to agency information collections during the conduct of
administrative proceedings, they are exempt from review under the
Paperwork Reduction Act.\27\
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    \23\ 5 U.S.C. 553(b)(3)(A).
    \24\ 5 U.S.C. 601-612.
    \25\ See 5 U.S.C. 603.
    \26\ 5 U.S.C. 804(3)(C).
    \27\ See 44 U.S.C. 3518(c)(1)(B)(ii); 5 CFR 1320.4 (exempting
collections during the conduct of administrative proceedings or
investigations).
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V. Economic Analysis

    The Commission is sensitive to the costs and benefits of its rules.
The current processes and filing requirements for administrative
proceedings serve as the baseline against which the economic impacts of
the proposed rules are measured. At present, submissions are permitted
to be filed with the Commission in paper format or by facsimile
followed by a paper submission. The Commission's current Rules of
Practice do not identify sensitive personal information that must be
redacted from these documents by those who file them. Instead, such
redaction is undertaken by the Commission when necessary in responding
to document requests from the public or posting documents on the
Commission's public Web site. Service by email is already generally an
accepted practice by parties to administrative proceedings who mutually
agree to it, although it is not expressly permitted by rule.
    The scope of the benefits and costs of the proposed rules depends
on the expected volume of administrative proceedings and the number of
filed documents and document requests associated with these
proceedings. In fiscal year 2014, 230 new administrative proceedings
were initiated and not settled immediately. New proceedings initiated
and not immediately settled in fiscal years 2013 and 2012 totaled 202
and 207 respectively.\28\ From 2011 to 2013, an average of
approximately 1,900 filings were submitted per fiscal year in relation
to litigated proceedings, including filings by outside parties as well
as Commission staff. These filings consist of one or more documents,
such as motions, briefs, and record exhibits, and the length of the
filings generally ranges from one page to a few thousand pages. The
Commission also received numerous requests from the public to release
documents related to these proceedings. Requests for records related to
administrative proceedings (both settled and litigated) numbered 127,
83, and 100 for fiscal years 2013, 2012, and 2011 respectively.
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    \28\ The total number of administrative proceedings initiated
and not immediately settled each fiscal year encompasses a variety
of types of proceedings, including proceedings instituted pursuant
to Section 12(j) of the Securities Exchange Act of 1934 seeking to
determine whether it is necessary and appropriate for the protection
of investors to suspend or revoke the registration of an issuer's
securities and proceedings instituted under Section 15(b) of the
Exchange Act or Section 203(f) of the Investment Advisers Act of
1940 seeking to determine what, if any, remedial action is
appropriate in the public interest.
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    The implementation of electronic filing and the related proposed
rules are intended to improve the efficiency and transparency of the
Commission's operations and to modernize the document management
process to be consistent with common practice in other tribunals.
Benefits of the proposed rules are anticipated to accrue to the public
and outside parties to administrative proceedings as well as the
Commission.
    Specifically, the proposed rules may benefit members of the public
with an interest in the Commission's administrative proceedings by
permitting the Commission to more

quickly make public the documents relating to these proceedings. The
proposed rules may increase the speed at which information from
administrative proceedings is transmitted as well as the overall
transparency of these proceedings. Additionally, parties to
administrative proceedings may benefit from the increased flexibility
enabled by the changes, such as the Commission's acceptance of
electronic and facsimile submissions until midnight rather than the
close of business on a given day. These parties may also benefit from
savings on printing and mailing costs because, after the phase-in
period, filing paper copies generally will not be required. In
addition, the changes expressly require service by electronic means,
which may increase further the savings in printing and mailing. The
Commission's response to document requests is expected to be more time-
and cost-effective due to the efficiency of electronic retrieval and
the fact that sensitive information will have been redacted in advance.
However, the magnitude of the above benefits is difficult to quantify
due to the limitations of existing data.
    The costs of the proposal will be borne by the Commission as well
as the outside parties to administrative proceedings. The proposed
rules place the primary burden of redacting sensitive personal
information on the parties submitting documents in administrative
proceedings--either outside parties or Commission staff--following
common practice in federal courts. The Commission believes that parties
filing documents are well positioned to redact the documents--or
initially draft documents to avoid the use of sensitive personal
information--and that the proposed narrow definition of sensitive
personal information will limit the burden on parties required to
redact documents. The Commission recognizes, however, that the costs of
reviewing and editing the content to protect sensitive information
might be significant for some parties. Additionally, when sensitive
personal information is necessary to the proceedings, outside parties
or the Commission may expend additional resources filing a motion for a
protective order in accordance with Rule 322 to limit disclosure of the
sensitive information and to prepare a redacted and unredacted version
of the documents.
    Parties to administrative proceedings will also bear any
incremental burden of electronic filings over the current practice of
facsimile or paper transmissions. The magnitude of costs will depend
primarily on whether the original format of the documents to be
submitted is electronic or whether they must be scanned or otherwise
converted to an electronic format. Other factors that may affect these
costs include the ease of access the party has to the internet and to
any hardware and software that may be involved in processing the
documents. For most parties, we do not expect these costs to be
significant because, among other things, most parties already are
subject to similar requirements in other kinds of legal proceedings or
have access to the Internet and conversion programs at a reasonable
cost. Further, these potential burdens may be mitigated for some
parties as the proposed rules provide for relief from the electronic
filing requirements in situations in which a party certifies a
reasonable inability to comply with the electronic filing requirements.
    As an alternative to the proposed rules, the Commission could
implement electronic filing with different requirements. In particular,
the Commission could continue to allow the filing of unredacted
documents--requiring that redaction be undertaken by Commission staff
when necessary--or could permit electronic filing on a voluntary,
rather than mandatory, basis. Relative to these alternatives, or to the
existing paper format and facsimile document submission and management
system for administrative proceedings, the Commission believes that the
proposed changes achieve the benefits described above in a cost-
efficient manner. The Commission does not expect significant effects on
efficiency, competition, or capital formation to result from the
proposed changes. And to the extent that the changes impose any burden
on competition, the Commission believes that such burden would be
necessary and appropriate in furtherance of the purposes of the
Exchange Act.\29\
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    \29\ See 15 U.S.C. 78w(a)(2).
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    The Commission requests comment on all aspects of the economic
effects of the proposal, including any anticipated impacts that are not
mentioned here. We are particularly interested in quantitative
estimates of the benefits and costs, in general or for particular types
of participants in administrative proceedings, including smaller
entities. We also request comment on reasonable alternatives to the
proposed rules and on any effect the proposed rules may have on
efficiency, competition, and capital formation.

VI. Statutory Basis and Text of Proposed Amendments

    These amendments to the Rules of Practice are being proposed
pursuant to statutory authority granted to the Commission, including
section 3 of the Sarbanes-Oxley Act of 2002, 15 U.S.C. 7202; section 19
of the Securities Act, 15 U.S.C. 77s; sections 4A, 19, and 23 of the
Exchange Act, 15 U.S.C. 78d-1, 78s, and 78w; section 319 of the Trust
Indenture Act of 1939, 15 U.S.C. 77sss; sections 38 and 40 of the
Investment Company Act, 15 U.S.C. 80a-37 and 80a-39; and section 211 of
the Investment Advisers Act, 15 U.S.C. 80b-11.

List of Subjects in 17 CFR Part 201

    Administrative practice and procedure.

Text of the Amendments

    For the reasons set out in the preamble, 17 CFR part 201 is
proposed to be amended as follows:

PART 201--RULES OF PRACTICE

0
4. The authority citation for Part 201, subpart D, is revised to read
as follows:

    Authority:  15 U.S.C. 77f, 77g, 77h, 77h-1, 77j, 77s, 77u,
78c(b), 78d-1, 78d-2, 78l, 78m, 78n, 78o(d), 78o-3, 78s, 78u-2, 78u-
3, 78v, 78w, 77sss, 77ttt, 80a-8, 80a-9, 80a-37, 80a-38, 80a-39,
80a-40, 80a-41, 80a-44, 80b-3, 80b-9, 80b-11, 80b-12, 7202, 7215,
and 7217.

0
5. Section 201.102 is amended by revising paragraphs (d)(1), (d)(2),
and (d)(4) to read as follows:

Sec.  201.102  Appearance and practice before the Commission.

* * * * *
    (d) Designation of address for service; notice of appearance; power
of attorney; withdrawal--(1) Representing oneself. When an individual
first makes any filing or otherwise appears on his or her own behalf
before the Commission or a hearing officer in a proceeding as defined
in Sec.  201.101(a), he or she shall file with the Commission, or
otherwise state on the record, and keep current, a mailing address and
email address at which any notice or other written communication
required to be served upon him or her or furnished to him or her may be
sent and a telephone number where he or she may be reached during
business hours.
    (2) Representing others. When a person first makes any filing or
otherwise appears in a representative capacity before the Commission or
a hearing officer in a proceeding as defined in Sec.  201.101(a), that
person shall file with the Commission, and

keep current, a written notice stating the name of the proceeding; the
representative's name, business address, email address, and telephone
number; and the name, email address, and address of the person or
persons represented.
* * * * *
    (4) Withdrawal. Any person seeking to withdraw his or her
appearance in a representative capacity shall file a notice of
withdrawal with the Commission or the hearing officer. The notice shall
state the name, mailing address, email address, and telephone number of
the withdrawing representative; the name, address, and telephone number
of the person for whom the appearance was made; and the effective date
of the withdrawal. If the person seeking to withdraw knows the name,
mailing address, email address, and telephone number of the new
representative, or knows that the person for whom the appearance was
made intends to represent him- or herself, that information shall be
included in the notice. The notice must be served on the parties in
accordance with Sec.  201.150. The notice shall be filed at least five
days before the proposed effective date of the withdrawal.
* * * * *
0
6. Section 201.140 is amended by revising paragraph (a) to read as
follows:

Sec.  201.140  Commission orders and decisions: Signature and
availability.

* * * * *
    (a) Signature required. All orders and decisions of the Commission
shall be signed by the Secretary or any other person duly authorized by
the Commission. The signature may be an electronic signature that
consists of an ``/s/'' notation or any other digital signature.
* * * * *
0
7. Section 201.141 is amended by:
0
a. Removing the words ``Express Mail'' each time they appear and adding
in their place the words ``express mail''; and
0
b. Revising the first sentence of paragraph (b).
    The revision reads as follows:

Sec.  201.141  Orders and decisions: Service of orders instituting
proceedings and other orders and decisions.

* * * * *
    (b) Service of Orders or Decisions Other than an Order Instituting
Proceedings. Written orders or decisions issued by the Commission or by
a hearing officer shall be served promptly on each party pursuant to
any method of service authorized under paragraph (a) of this section or
Sec.  201.150(c) and (d). * * *
0
8. Section 201.150 is amended by:
0
a. Redesignating paragraphs (c) and (d) as paragraphs (d) and (e);
0
b. Adding new paragraph (c);
0
c. Revising newly redesignated paragraphs (d) introductory text and
(d)(4);
0
d. Revising newly redesignated paragraph (e); and
0
e. Removing the words ``Express Mail'' each time they appear and adding
in their place the words ``express mail''.
    The revisions and addition read as follows:

Sec.  201.150  Service of papers by parties.

* * * * *
    (c) How made. Service shall be made electronically in the form and
manner that is prescribed in the guidance posted on the Commission's
Web site. Persons serving each other shall have provided the Commission
and the parties with notice of an email address.
    (1) Certification of inability to serve electronically. If a person
reasonably cannot serve electronically, due to a lack of access to
electronic transmission devices (due to incarceration or otherwise),
the person promptly shall file a certification under this paragraph
that explains why the person reasonably cannot comply. The filing also
must indicate the expected duration of the person's reasonable
inability to comply, such as whether the certification is intended to
apply to a solitary instance of service or all instances of service
made during the proceeding. The certification is immediately effective.
Upon filing the certification, it will be part of the record of the
proceeding, and the person may serve paper documents by any additional
method listed in Rule 150(d).
    (d) Additional methods of service. If a person reasonably cannot
serve electronically, or if service is of an investigative subpoena
pursuant to 17 CFR 203.8, service may be made by delivering a copy of
the filing. Delivery means:
* * * * *
    (4) Transmitting the papers by facsimile transmission to the person
required to be served. The persons so serving each other shall have
provided the Commission and the parties with notice of a facsimile
machine telephone number.
    (e) When service is complete. Electronic service is complete upon
transmission. Personal service, service by U.S. Postal Service express
mail or service by a commercial courier or express delivery service is
complete upon delivery. Service by mail is complete upon mailing.
Service by facsimile is complete upon confirmation of transmission.
0
9. Section 201.151 is amended by revising paragraphs (a) and (d) and
adding paragraph (e) to read as follows:

Sec.  201.151  Filing of papers with the Commission: Procedure.

    (a) When to file. All papers required to be served upon any person
shall also be filed contemporaneously with the Commission
electronically pursuant to the requirements of Sec.  201.152(a). The
person making such filing is responsible for ensuring that the
Commission receives a complete and legible filing within the time limit
set for such filing. Documents that are attached to filings shall be
filed in accordance with this Rule. Documents or items that are not
attached to filings (i.e., are admitted by the hearing officer at an
in-person hearing), shall be submitted in accordance with Sec.
201.351.
* * * * *
    (d) Certificate of service. Papers filed with the Commission or a
hearing officer shall be accompanied by a certificate stating the name
of the person or persons served, the date of service, the method of
service, and the mailing address or email address to which service was
made, if not made in person.
    (e) Sensitive personal information. Sensitive personal information
is defined as a Social Security number, taxpayer identification number,
financial account number, credit card or debit card number, passport
number, driver's license number, state-issued identification number,
home address (other than city and state), telephone number, date of
birth (other than year), names and initials of minor children, as well
as any sensitive health information identifiable by individual, such as
an individual's medical records. Sensitive personal information shall
not be included in, and must be redacted or omitted from, all filings
subject to:
    (1) Exceptions. The following information may be included and is
not required to be redacted from filings:
    (i) The last four digits of a taxpayer identification number,
financial account number, credit card or debit card number, passport
number, driver's license number, and state-issued identification
number;
    (ii) Home addresses and telephone numbers of parties and persons
filing documents with the Commission;
    (iii) Business telephone numbers; and
    (iv) Copies of unredacted filings by regulated entities or
registrants that are available on the Commission's public Web site.

    (2) Confidential treatment of information. If the person making any
filing believes that sensitive personal information (as defined above)
contained therein is necessary to the proceeding, the person shall file
unredacted documents, along with a motion for a protective order in
accordance with Sec.  201.322 to limit disclosure of unredacted
sensitive personal information.
    (3) Certification. Any filing must include a certification that any
sensitive personal information as defined in Sec.  201.151(e) has been
excluded or redacted from the filing or, if necessary to the filing,
has been filed under seal pursuant to Sec.  201.322.
0
10. Section 201.152 is amended by:
0
a. Removing paragraph (d);
0
b. Redesignating paragraphs (b) and (c) as paragraphs (c) and (d);
0
c. Redesignating paragraph (a) as paragraph (b) and revising it;
0
d. Adding new paragraph (a);
0
e. Removing newly redesignated paragraph (b)(6);
0
f. Revising newly designated paragraph (c); and
0
g. Removing the phrase ``or microfilming'' from newly redesignated
paragraph (d).
    The revisions and addition read as follows:

Sec.  201.152  Filing of papers: Form.

    (a) Electronic filing. Papers filed in connection with any
proceeding as defined in Sec.  201.101(a) shall be filed electronically
in the form and manner that is prescribed in the guidance posted on the
Commission's Web site. Papers filed electronically must be received by
the Commission by midnight Eastern Time on the date the filing is due.
    (1) Certification of Inability to File Electronically. If a person
reasonably cannot comply with the requirements of this section, due to
a lack of access to electronic transmission devices (due to
incarceration or otherwise), the person promptly shall file a
certification under this paragraph that explains why the person
reasonably cannot comply. The filing also must indicate the expected
duration of the person's reasonable inability to comply, such as
whether the certification is intended to apply to a solitary filing or
all filings made during the proceeding. The certification is
immediately effective. Upon filing the certification, it will be part
of the record of the proceeding, and the person may file paper
documents by any additional method listed in Sec.  201.152(a)(2).
    (2) Additional methods of filing. If a person reasonably cannot
file electronically, filing may be made by hand delivering the filing
by 5:30 p.m. Eastern Time through a commercial courier service or
express delivery service; mailing the filing through the U.S. Postal
Service by first class, certified, registered, or express mail delivery
so that it is received by the Commission by 5:30 p.m. Eastern Time; or
transmitting the filing by facsimile transmission so that it is
received by the Commission by midnight Eastern Time.
    (b) Form. Papers filed in connection with any proceeding as defined
in Sec.  201.101(a) shall:
    (1) Reflect a page, electronically or otherwise, that measures 8\1/
2\ x 11 inches when printed, except that, to the extent that the
reduction of larger documents would render them illegible when printed,
such documents may be filed on larger paper;
    (2) Use 12-point or larger typeface;
    (3) Include at the head of the paper, or on a title page, the name
of the Commission, the title of the proceeding, the names of the
parties, the subject of the particular paper or pleading, and the file
number assigned to the proceeding;
    (4) Be paginated with left hand margins at least 1 inch wide, and
other margins of at least 1 inch; and
    (5) Be double-spaced, with single-spaced footnotes and single-
spaced indented quotations.
    (c) Signature required. All papers must be dated and signed as
provided in Sec.  201.153. Electronic filings that require a signature
pursuant to Sec.  201.153 may be signed with an ``/s/'' notation, which
shall be deemed the signature of the person making the filing for
purposes of Sec.  201.153.
    (d) Suitability for recordkeeping. Documents which, in the opinion
of the Commission, are not suitable for computer scanning may be
rejected.
* * * * *
0
11. Section 201.193 is amended by revising paragraph (b) introductory
text to read as follows:

Sec.  201.193  Applications by barred individuals for consent to
associate.

* * * * *
    (b) Form of application. Each application shall be supported by an
affidavit, signed by the applicant, that addresses the factors set
forth in paragraph (d) of this section. The application shall be filed
pursuant to Sec. Sec.  201.151, 201.152 and 201.153. Each application
shall include as exhibits:
* * * * *
0
12. Section 201.322 is amended by revising paragraph (a), redesignating
paragraphs (b), (c), and (d) as paragraphs (c), (d), and (e), and
adding new paragraph (b).
    The revision and addition read as follows:

Sec.  201.322  Evidence: Confidential information, protective orders.

    (a) Procedure. In any proceeding as defined in Sec.  201.101(a), a
party, any person who is the owner, subject or creator of a document
subject to subpoena or which may be introduced as evidence, or any
witness who testifies at a hearing may file a motion requesting a
protective order to limit from disclosure to other parties or to the
public documents or testimony that contain confidential information.
The motion should include a general summary or extract of the documents
without revealing confidential details.
    (b) If review of the documents that are the subject of a request
for a protective order is necessary to a ruling on the motion and the
information as to which a protective order is sought is available to
the movant, the motion shall be accompanied by:
    (1) A complete, sealed copy of the materials containing the
information as to which a protective order is sought, with the
allegedly confidential information marked as such, and with the first
page of the document labeled ``Under Seal.'' If the movant seeks a
protective order against disclosure to other parties as well as the
public, copies of the documents shall not be served on other parties;
and
    (2) A redacted copy of the materials containing the information as
to which a protective order is sought, with the allegedly confidential
information redacted. The redacted version shall indicate any omissions
with brackets or ellipses, and its pagination and depiction of text on
each page shall be identical to that of the sealed version. A redacted
copy need not accompany a motion requesting a protective order if the
materials would be redacted in their entirety.
* * * * *
0
13. Section 201.351 is amended by revising paragraph (b), redesignating
paragraph (c) as paragraph (d), and adding new paragraph (c).
    The revision and addition read as follows:

Sec.  201.351  Transmittal of documents to Secretary; record index;
electronic copy of exhibits; certification.

* * * * *
    (b) Preparation, certification of record index. Promptly after the
close of the hearing, the hearing officer shall transmit to the
Secretary an index of the originals of any motions, exhibits or any
other documents filed with or accepted into evidence by the hearing
officer that have not been previously transmitted to the Secretary, and
the Secretary shall prepare a record index. Prior to issuance

of an initial decision, or if no initial decision is to be prepared,
within 30 days of the close of the hearing, the Secretary shall
transmit the record index to the hearing officer and serve a copy of
the record index on each party. Any person may file proposed
corrections to the record index with the hearing officer within three
days of service of the record index. Any opposition to the proposed
corrections shall be filed within three days of service of the proposed
corrections. The hearing officer shall, by order, direct whether any
corrections to the record index shall be made. The Secretary shall make
such corrections, if any, and issue a revised record index. If an
initial decision is to be issued, the initial decision shall include a
certification that the record consists of the items set forth in the
record index or revised record index issued by the Secretary.
    (c) Electronic exhibits. Within two weeks after the close of a
hearing, the parties shall submit electronically to the Secretary a
copy of all exhibits that were admitted, or offered and not admitted,
during the hearing, and any other exhibits that were admitted after the
hearing. The parties shall submit such evidence in the form and manner
that is prescribed in the guidance posted on the Commission's Web site.
    (1) Sensitive personal information. Sensitive personal information
is defined as a Social Security number, taxpayer identification number,
financial account number, credit card or debit card number, passport
number, driver's license number, state-issued identification number,
home address (other than city and state), telephone number, date of
birth (other than year), names and initials of minor children, as well
as any sensitive health information identifiable by individual, such as
an individual's medical records. Sensitive personal information shall
not be included in, and must be redacted or omitted from, all filings
subject to:
    (i) Exceptions. The following information may be included and is
not required to be redacted from filings:
    (A) The last four digits of a taxpayer identification number,
financial account number, credit card or debit card number, passport
number, driver's license number, and state-issued identification
number;
    (B) Home addresses and telephone numbers of parties and persons
filing documents with the Commission;
    (C) Business telephone numbers; and
    (D) Copies of unredacted filings by regulated entities or
registrants that are available on the Commission's public Web site.
    (ii) Confidential treatment of information. If the person
submitting record exhibits and other documents or items that are not
attached to filings believes that sensitive personal information (as
defined in Sec.  201.351(c)(1)) contained therein is necessary to the
proceeding, the person shall file unredacted documents, along with a
motion for a protective order in accordance with Sec.  201.322 to limit
disclosure of unredacted sensitive personal information.
    (2) Certification of inability to submit exhibits electronically. A
person who reasonably cannot submit exhibits electronically must file a
certification under Sec.  201.351(c)(2) that explains why the person
reasonably cannot comply. The filing also must indicate the expected
duration of the person's reasonable inability to comply, such as
whether the certification is intended to apply to a solitary submission
or all submissions made during the proceeding. The certification is
immediately effective. Upon filing the certification, it will be part
of the record of the proceeding, and the person shall submit originals
of any exhibits that have not already been submitted to the Secretary
by other means.
    (3) Signature requirement. Electronic submissions that require a
signature pursuant to Sec.  201.153 may be signed with an ``/s/''
notation, which shall be deemed the signature of the person making the
submission for purposes of Sec.  201.153.
    (4) Certification. The parties shall certify that exhibits and
other documents or items submitted to the Secretary under this rule:
    (i) Are true and accurate copies of exhibits that were admitted, or
offered and not admitted, during the hearing; and
    (ii) That any sensitive personal information as defined in Sec.
201.351(c) has been excluded or redacted, or, if necessary, has been
filed under seal pursuant to Sec.  201.322.
* * * * *
0
14. Section 201.420 is amended by revising paragraph (e) to read as
follows:

Sec.  201.420  Appeal of determinations by self-regulatory
organizations.

* * * * *
    (e) Certification of the record; service of the index. Fourteen
days after receipt of an application for review or a Commission order
for review, the self-regulatory organization shall certify and file
electronically in the form and manner that is prescribed in the
guidance posted on the Commission's Web site one unredacted copy of the
record upon which the action complained of was taken. If such record
contains any sensitive personal information, as defined in paragraph
(e)(1) of this section, the self-regulatory organization also shall
file electronically with the Commission one redacted copy of such
record, subject to the following:
    (1) Sensitive personal information. Sensitive personal information
is defined as a Social Security number, taxpayer identification number,
financial account number, credit card or debit card number, passport
number, driver's license number, state-issued identification number,
home address (other than city and state), telephone number, date of
birth (other than year), names and initials of minor children, as well
as any sensitive health information identifiable by individual, such as
an individual's medical records. Sensitive personal information shall
not be included in, and must be redacted or omitted from, all filings
subject to:
    (i) Exceptions. The following information may be included and is
not required to be redacted from filings:
    (A) The last four digits of a taxpayer identification number,
financial account number, credit card or debit card number, passport
number, driver's license number, and state-issued identification
number;
    (B) Home addresses and telephone numbers of parties and persons
filing documents with the Commission;
    (C) Business telephone numbers; and
    (D) Copies of unredacted filings by regulated entities or
registrants that are available on the Commission's public Web site.
    (ii) [Reserved]
    (2) Index. The self-regulatory organization also shall file
electronically with the Commission one copy of an index to such record,
and shall serve upon each party one copy of the index. If such index
contains any sensitive personal information, as defined in paragraph
(e)(1) of this section, the self-regulatory organization also shall
file electronically with the Commission one redacted copy of such
index, subject to the requirements of paragraphs (e)(1) introductory
text and (e)(1)(i).
    (3) Certification. Any filing made pursuant to this section must
include a certification that any sensitive personal information as
defined in Sec.  201.420(e)(1) has been excluded or redacted from the
filing.
0
15. Section 201.440 is amended by revising paragraph (d) to read as
follows:

Sec.  201.440  Appeal of determinations by the Public Company
Accounting Oversight Board.

* * * * *

    (d) Certification of the record; service of the index. Within
fourteen days after receipt of an application for review, the Board
shall certify and file electronically in the form and manner that is
prescribed in the guidance posted on the Commission's Web site one
unredacted copy of the record upon which it took the complained-of
action. If such record contains any sensitive personal information, as
defined in paragraph (d)(1) of this section, the Board also shall file
electronically with the Commission one redacted copy of such record,
subject to the following:
    (1) Sensitive personal information. Sensitive personal information
is defined as a Social Security number, taxpayer identification number,
financial account number, credit card or debit card number, passport
number, driver's license number, state-issued identification number,
home address (other than city and state), telephone number, date of
birth (other than year), names and initials of minor children, as well
as any sensitive health information identifiable by individual, such as
an individual's medical records. Sensitive personal information shall
not be included in, and must be redacted or omitted from, all filings
subject to:
    (i) Exceptions. The following information may be included and is
not required to be redacted from filings:
    (A) The last four digits of a taxpayer identification number,
financial account number, credit card or debit card number, passport
number, driver's license number, and state-issued identification
number;
    (B) Home addresses and telephone numbers of parties and persons
filing documents with the Commission;
    (C) Business telephone numbers; and
    (D) Copies of unredacted filings by regulated entities or
registrants that are available on the Commission's public Web site.
    (ii) [Reserved]
    (2) Index. The Board shall file electronically with the Commission
one copy of an index of such record, and shall serve one copy of the
index on each party. If such index contains any sensitive personal
information, as defined in paragraph (d)(1) of this section, the Board
also shall file electronically with the Commission one redacted copy of
such index, subject to the requirements of paragraphs (d)(1)
introductory text and (d)(1)(i).
    (3) Certification. Any filing made pursuant to this section must
include a certification that any sensitive personal information as
defined in Sec.  201.440(d)(1) has been excluded or redacted from the
filing.

    By the Commission.
    Dated: September 24, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-24705 Filed 10-2-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 66 (Thursday, April 5, 2012)]
[Notices]
[Page 20691]
[FR Doc No: 2012-8177]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0078]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated September 26, 2011, Iowa Interstate Railroad, Ltd. (IAIS) has
petitioned the Federal Railroad Administration (FRA) for a waiver of
compliance from certain provisions of the Federal railroad safety
regulations contained at 49 CFR part 230. FRA assigned the petition
Docket Number FRA-2011-0078.
    IAIS seeks relief from performing the fifth annual inspection as it
pertains to the inspection of flexible staybolt caps every 5 years as
required by 49 CFR 230.41(a), and requests to extend the inspection
interval to the tenth annual inspection. IAIS will perform all other
inspections as required by 49 CFR 230.16, Annual Inspection. IAIS's
justification for requesting this relief is that the current level of
safety would be maintained due to the low number of service days
accrued in this engine since the last flexible staybolt cap inspection.
There will be a significant cost savings as the IAIS shop forces would
not be required to remove the cab, piping, jacketing, and insulation to
gain access to the caps to perform the staybolt cap inspection. IAIS
estimates that it would take 3 months and five full-time employees to
perform this inspection at a significant cost.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at http://www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by May 7, 2012 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    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 comment (or signing the comment,
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 (Volume 65, Number 70; Pages
19477-78), or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on March 30, 2012.
Ron Hynes,
Acting Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2012-8177 Filed 4-4-12; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Rules and Regulations]
[Pages 26129-26130]
[FR Doc No: 2016-10204]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0139]

Drawbridge Operation Regulation; Long Creek & Sloop Channel,
Hempstead, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation; modification.

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

SUMMARY: The Coast Guard has modified a temporary deviation from the
operating schedule that governs the Loop Parkway Bridge, mile 0.7,
across Long Creek, and the Meadowbrook State Parkway Bridge, mile 12.8,
across Sloop Channel, both at Hempstead, New York. This modified
deviation is necessary to facilitate the Dee Snider's Motorcycle Ride
to Fight Hunger on Long Island.

DATES: This modified deviation is effective from 11 a.m. to 1 p.m. on
October 2, 2016.

ADDRESSES: The docket for this modified deviation, [USCG-2016-0139] is
available at http://www.regulations.gov. Type the docket number in the
``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the
line associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Ms. Judy K. Leung-Yee, Project
Officer, First Coast Guard District, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On February 29, 2016, the Coast Guard
published a temporary deviation entitled ``Drawbridge Operation
Regulation; Long Creek & Sloop Channel, Hempstead, NY'' in the

Federal Register (81 FR 10086). The sponsor, Long Island Cares, Inc.,
has rescheduled the event from its original date of September 18, 2016
to October 2, 2016.
    Long Island Cares, Inc. requested and the bridge owner for both
bridges, the State of New York Department of Transportation, concurred
with this modified temporary deviation from the normal operating
schedule to facilitate a public event, the Dee Snider's Motorcycle Ride
to Fight Hunger.
    The Loop Parkway Bridge, mile 0.7, across Long Creek has a vertical
clearance in the closed position of 21 feet at mean high water and 25
feet at mean low water. The existing bridge operating regulations are
found at 33 CFR 117.799(f).
    The Meadowbrook State Parkway Bridge, mile 12.8, across Sloop
Channel has a vertical clearance in the closed position of 22 feet at
mean high water and 25 feet at mean low water. The existing bridge
operating regulations are found at 33 CFR 117.799(h).
    Long Creek and Sloop Channel are transited by commercial fishing
and recreational vessel traffic.
    Under this modified temporary deviation, the Loop Parkway and the
Meadowbrook State Parkway Bridges may remain in the closed position
between 11 a.m. and 1 p.m. on October 2, 2016.
    Vessels able to pass under the bridge in the closed position may do
so at anytime. The bridges will not be able to open for emergencies and
there are no immediate alternate routes for vessels to pass.
    The Coast Guard will also inform the users of the waterways through
our Local and Broadcast Notices to Mariners of the change in operating
schedule for the bridge so that vessels can arrange their transits to
minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: April 27, 2016.
C.J. Bisignano,
Supervisory Bridge Management Specialist, First Coast Guard District.
[FR Doc. 2016-10204 Filed 4-29-16; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 113 (Monday, June 13, 2011)]
[Notices]
[Pages 34225-34226]
[FR Doc No: 2011-14544]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 1

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

    Docket Numbers: RP11-2162-000.
    Applicants: MarkWest Pioneer, L.L.C.
    Description: MarkWest Pioneer, L.L.C. submits tariff filing per
154.403(d)(2): MarkWest Pioneer, L.L.C.--Quarterly Fuel Adjustment
Filing to be effective 7/1/2011.
    Filed Date: 06/03/2011.
    Accession Number: 20110603-5012.
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 15, 2011.

    Docket Numbers: RP11-2163-000.
    Applicants: Viking Gas Transmission Company.
    Description: Viking Gas Transmission Company submits tariff filing
per 154.204: Pro Forma Agreement updates to be effective 7/5/2011.
    Filed Date: 06/03/2011.
    Accession Number: 20110603-5014.
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 15, 2011.

    Docket Numbers: RP11-2164-000.
    Applicants: Guardian Pipeline, L.L.C.
    Description: Guardian Pipeline, L.L.C. submits tariff filing per
154.204: Modification to Rate Schedule PAL to be effective 7/5/2011.
    Filed Date: 06/03/2011.
    Accession Number: 20110603-5015.
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 15, 2011.

    Docket Numbers: RP11-2165-000.
    Applicants: Southern LNG Company, L.L.C.
    Description: Southern LNG Company, L.L.C. submits tariff filing per
154.203: Gas Interchangeability Settlement Compliance Filing to be
effective 8/1/2011.
    Filed Date: 06/03/2011.
    Accession Number: 20110603-5020.
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 15, 2011.

    Docket Numbers: RP11-2166-000.
    Applicants: Kinder Morgan Interstate Gas Transmission L.L.C.
    Description: Kinder Morgan Interstate Gas Transmission L.L.C.
submits tariff filing per 154.204: Negotiated Rate 2011-05-31 Mieco to
be effective 6/2/2011.
    Filed Date: 06/03/2011.
    Accession Number: 20110603-5051.
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 15, 2011.

    Docket Numbers: RP11-2167-000.
    Applicants: Discovery Gas Transmission L.L.C.
    Description: Discovery Gas Transmission L.L.C. submits tariff
filing per 154.403(d)(2): 2011 FL&U Submittal to be effective 7/1/2011.
    Filed Date: 06/03/2011.
    Accession Number: 20110603-5079.
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 15, 2011.

    Docket Numbers: RP11-2168-000.
    Applicants: Trailblazer Pipeline Company L.L.C.
    Description: Trailblazer Pipeline Company LLC submits tariff filing
per 154.403(d)(2): Tracking Filing to be effective 7/1/2011.
    Filed Date: 06/03/2011.
    Accession Number: 20110603-5107.
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 15, 2011.

    Docket Numbers: RP11-2169-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.204: ONEOK 34951-65 Amendment to Negotiated Rate Agreement
Filing to be effective 6/2/2011.
    Filed Date: 06/03/2011.
    Accession Number: 20110603-5113.
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 15, 2011.

    Docket Numbers: RP11-2170-000.
    Applicants: Florida Gas Transmission Company, LLC.
    Description: Florida Gas Transmission Company, LLC submits tariff
filing per 154.204: Future Contracting to be effective 7/5/2011.
    Filed Date: 06/03/2011.
    Accession Number: 20110603-5120.
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 15, 2011.

    Docket Numbers: RP11-2171-000.
    Applicants: Trunkline Gas Company, LLC.
    Description: Trunkline Gas Company, LLC submits tariff filing per
154.204: Negotiated Rates Filing-10 to be effective 6/3/2011.
    Filed Date: 06/03/2011.
    Accession Number: 20110603-5126.
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 15, 2011.

    Docket Numbers: RP11-2172-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.204: EnCana 37663-3 Amendment to Negotiated Rate Agreement
Filing to be effective 6/3/2011.
    Filed Date: 06/03/2011.
    Accession Number: 20110603-5131.
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 15, 2011.

    Docket Numbers: RP11-2173-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Algonquin Gas Transmission, LLC submits tariff filing
per 154.204: ConEd 2011-06-01 Releases to be effective 6/1/2011.
    Filed Date: 06/03/2011.
    Accession Number: 20110603-5151.
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 15, 2011.

    Docket Numbers: RP11-2174-000.
    Applicants: High Island Offshore System, L.L.C.
    Description: High Island Offshore System, L.L.C. submits tariff
filing per 154.203: RP09-487 Settlement Compliance to be effective 9/
30/2010.
    Filed Date: 06/06/2011.
    Accession Number: 20110606-5010.
    Comment Date: 5 p.m. Eastern Time on Monday, June 20, 2011.

    Docket Numbers: RP11-2175-000.
    Applicants: Elba Express Company, L.L.C.
    Description: Cashout True-Up Filing of Elba Express Company, L.L.C.
    Filed Date: 06/03/2011.
    Accession Number: 20110603-5219.
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 15, 2011.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 6, 2011
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-14544 Filed 6-10-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: December 19, 2006 (Volume 71, Number 243)]
[Notices]
[Page 75962]
[DOCID:fr19de06-58]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP01-409-000]

Calypso U.S. Pipeline, L.L.C.; Notice Of Availability of the
Environmental Assessment for the Proposed Modifications to the Calypso
Pipeline Project

December 12, 2006.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) and the Mineral Management Service (MMS) have prepared this
Environmental Assessment (EA) to discuss the environmental impacts of
the Modifications to the Calypso Pipeline Project proposed by Calypso
U.S. Pipeline L.L.C. (Calypso) in the above referenced docket. The
proposed project is located in Broward County, Florida; State Waters of
Florida; and Federal Waters of the United States.
    This EA has been prepared to comply with the requirements of the
National Environmental Policy Act (NEPA), the Council of Environmental
Quality (CEQ) regulations for implementing NEPA (Title 40, Code of
Federal Regulations [CFR], sections 1500-1508), and the Commission's
regulations (18 CFR part 380). The staff concludes that approval of
this proposal would not constitute a major Federal action significantly
affecting the quality of the human environment. The EA also evaluates
alternatives to the proposal, including system alternatives; major
route alternatives; and route variations.
    The FERC prepared this EA to address the potential environmental
impacts of the proposed modifications. The original project was
addressed by the Final Environmental Impact Statement for the Tractebel
Calypso Pipeline Project (FEIS) issued on January 23, 2004. The
modified project would use the same methodologies for deepwater
construction and onshore construction. However, the landfall portion of
the pipeline would be installed in a 3.2-mile-long tunnel. The tunnel
proposal eliminates the need for two HDD segments, and 2,132 feet of
open cut trench in shallow marine waters, in addition to avoiding all
impacts to John U. Lloyd State Park. The tunnel amendment would also
incorporate minor route changes to accommodate the methodology. These
minor route changes would result in a slight decrease in the length of
the landfall portion and thus the overall project length.
    Approximately 95 percent of the original project analyzed in the
FEIS is relatively unchanged, with the exception of the 6-inch increase
in pipeline diameter. The tunnel amendment would increase the pipeline
diameter for the modified project from 24 inches to 30 inches and
internally coat the pipeline to allow increased flow rates. Calypso
does not propose to increase the certificated capacity (832,000
dekatherms/day). The maximum operating pressure (MOAP) would remain
2,200 pounds per square inch (psig). Calypso indicates that the
pipeline would most likely be operated at approximately 1530 psig.
    The EA has been placed in the public files of the FERC and is
available for public inspection at: Federal Energy Regulatory
Commission, Public Reference Room, 888 First Street, NE., Room 2A,
Washington, DC 20426,<PHONE_NUMBER>.
    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link.

Click on the eLibrary link, click on ``General Search'' and enter the
docket number excluding the last three digits in the Docket Number
field. Be sure you have selected an appropriate date range. For
assistance with eLibrary, the eLibrary helpline can be reached at 1-
866-208-3676, TTY<PHONE_NUMBER> or<EMAIL_ADDRESS>The
eLibrary link on the FERC Internet Web site also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-21556 Filed 12-18-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: June 30, 2008 (Volume 73, Number 126)]
[Notices]
[Page 36952]
[DOCID:fr30jn08-140]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2008-27]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before July 10, 2008.

ADDRESSES: You may send comments identified by Docket Number FAA-2008-
0611 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for 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 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jan Thor, ANM-113,<PHONE_NUMBER>,
Federal Aviation Administration, 1601 Lind Avenue, SW., Renton, WA
98057-3356, or Frances Shaver,<PHONE_NUMBER>, Office of Rulemaking,
Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, D.C., on June 24, 2008.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2008-0611.
    Petitioner: Virgin Blue International Airlines Pty. Limited, dba. V
Australia.
    Section of 14 CFR Affected: 25.853(d).
    Description of Relief Sought: To permit V Australia to operate
three Boeing Model 777 airplanes with business-class seats that include
large, non-metallic panels that do not comply with the heat release and
smoke emission requirements of part 25, appendix F, parts IV and V.

[FR Doc. E8-14572 Filed 6-27-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 74, Number 133 (Tuesday, July 14, 2009)]
[Rules and Regulations]
[Pages 33917-33918]
[FR Doc No: E9-16135]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

14 CFR Part 97

[Docket No. 30675; Amdt. No. 3329]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective July 14, 2009. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of July 14, 2009.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    Availability_All SIAPs are available online free of charge. Visit
nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff
Minimums and ODP copies may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420) Flight Technologies and Programs Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and
Sec.  97.20 of Title 14 of the Code of Federal Regulations.
    The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAP and the corresponding effective dates. This
amendment also identifies the airport and its location, the procedure
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP as amended in the transmittal. For safety and
timeliness of change considerations, this amendment incorporates only
specific changes contained for each SIAP as modified by FDC/P-NOTAMs.
    The SIAPs, as modified by FDC P-NOTAM, and contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these changes to
SIAPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts. The circumstances which created the need for all
these SIAP amendments requires making them effective in less than 30
days.
    Because of the close and immediate relationship between these SIAPs
and safety in air commerce, I find that notice and public procedure
before adopting these SIAPs are impracticable and contrary to the
public interest and, where applicable, that good cause exists for
making these SIAPs effective in less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC, on June 26, 2009.
John M. Allen,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Title 14, Code
of Federal regulations, Part 97, 14 CFR part 97, is amended by amending
Standard Instrument Approach Procedures, effective at 0901 UTC on the
dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33 and 97.35  [Amended]

    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
        FDC date               State                 City                   Airport           FDC No.                        Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
06/12/09...............  NE                 Wayne.................  Wayne Muni............       9/3234  NDB Rwy 35, Orig.
06/12/09...............  NE                 Wayne.................  Wayne Muni............       9/3237  NDB Rwy 22, Orig.
06/12/09...............  NE                 Wayne.................  Wayne Muni............       9/3239  NDB Rwy 17, Orig.
06/12/09...............  NE                 Wayne.................  Wayne Muni............       9/3240  RNAV (GPS) Rwy 22, Orig.
06/16/09...............  MD                 College Park..........  College Park..........       9/3349  RNAV (GPS) Rwy 15, Orig-C.
06/15/09...............  IN                 Indianapolis..........  Mount Comfort.........       9/3624  VOR Rwy 34, Amdt 2.
06/15/09...............  IN                 Indianapolis..........  Mount Comfort.........       9/3625  RNAV (GPS) Rwy 16, Orig.
06/15/09...............  IN                 Indianapolis..........  Mount Comfort.........       9/3626  RNAV (GPS) Rwy 34, Orig.
06/15/09...............  IN                 Indianapolis..........  Mount Comfort.........       9/3627  ILS OR LOC Rwy 25, Amdt 2B.
--------------------------------------------------------------------------------------------------------------------------------------------------------

 [FR Doc. E9-16135 Filed 7-13-09; 8:45 am]
BILLING CODE 4910-13-P