[Federal Register: April 21, 2008 (Volume 73, Number 77)]
[Rules and Regulations]
[Page 21231-21233]
[DOCID:fr21ap08-7]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0119; Directorate Identifier 2007-NM-304-AD;
Amendment 39-15475; AD 2008-08-21]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes and Model ERJ 190 Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to all EMBRAER Model ERJ 170-100 LR, -100 SE, -100
STD, and -100 SU airplanes; and Model ERJ 190-100 IGW, -100 LR, and -
100 STD airplanes. That AD currently requires revising the Limitations
section of the airplane flight manual (AFM) to prohibit the flightcrew
from moving the throttle into the forward thrust range immediately
after applying the thrust reverser. This new AD adds additional
airplanes to the applicability and requires the AFM revision for those
additional airplanes. For certain airplanes, this AD also requires
installing new, improved full-authority digital engine-control (FADEC)
software. This AD results from a report that, during landing, the
thrust reverser may not re-stow completely if the throttle lever is
moved into the forward thrust range immediately after the thrust
reverser is applied. We are issuing this AD to prevent the flightcrew
from performing a takeoff with a partially deployed thrust reverser,
which could result in reduced controllability of the airplane.

DATES: This AD becomes effective May 27, 2008.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of May 27, 2008.

ADDRESSES: For service information identified in this AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343-CEP
12.225, Sao Jose dos Campos-SP, Brazil.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that supersedes AD 2006-11-15, amendment
39-14619 (71 FR 30577, May 30, 2006). The existing AD applies to all
EMBRAER Model ERJ 170-100 LR, -100 SE, -100 STD, and -100 SU airplanes;
and all Model ERJ 190-100 IGW, -100 LR, and -100 STD airplanes. That
NPRM was published in the Federal Register on February 5, 2008 (73 FR
6631). That NPRM proposed to continue to require revising the
Limitations section of the airplane flight manual (AFM) to prohibit the
flightcrew from moving the throttle into the forward thrust range
immediately after applying the thrust reverser. That NPRM also proposed
to add additional airplanes to the applicability and require the AFM

revision for those additional airplanes. For certain airplanes, that
NPRM also proposed to require installing new, improved full-authority
digital engine-control software.

Comments

    We provided the public the opportunity to participate in the
development of this AD. We have considered the single comment that has
been received on the NPRM. The commenter, Air Line Pilots Association,
International, supports the NPRM.

Conclusion

    We have carefully reviewed the available data, including the
comment that has been received, and determined that air safety and the
public interest require adopting the AD as proposed.

Costs of Compliance

    The following table provides the estimated costs, at an average
labor rate of $80 per hour, for U.S. operators to comply with this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
             Action                  Work           Parts            Cost per       registered      Fleet cost
                                    hours                            airplane        airplanes
----------------------------------------------------------------------------------------------------------------
AFM revision (required by AD              1  None...............             $80              76          $6,080
 2006-11-15)
AFM revision (new action)                 1  None...............              80              57           4,560
Software installation (new                1  The manufacturer                 80             133          10,640
 action)                                      states that it
                                              will supply the
                                              required software
                                              to operators at no
                                              cost
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (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) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by
removing amendment 39-14619 (71 FR 30577, May 30, 2006) and by adding
the following new airworthiness directive (AD):

2008-08-21 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-15475. Docket No. FAA-2008-0119; Directorate Identifier
2007-NM-304-AD.

Effective Date

    (a) This AD becomes effective May 27, 2008.

Affected ADs

    (b) This AD supersedes AD 2006-11-15.

Applicability

    (c) This AD applies to all EMBRAER Model ERJ 170-100 LR, -100
SE, -100 STD, -100 SU, -200 LR, -200 STD, and -200 SU airplanes; and
Model ERJ 190-100 IGW, -100 LR, -100 STD, -200 IGW, -200 LR, and -
200 STD airplanes; certificated in any category.

Unsafe Condition

    (d) This AD results from a report that, during landing, the
thrust reverser may not re-stow completely if the throttle lever is
moved into the forward thrust range immediately after the thrust
reverser is applied. We are issuing this AD to prevent the
flightcrew from performing a takeoff with a partially deployed
thrust reverser, which could result in reduced controllability of
the airplane.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Restatement of Requirements of AD 2006-11-15

Airplane Flight Manual (AFM) Revision

    (f) For Model ERJ 170-100 LR, -100 SE, -100 STD, and -100 SU
airplanes; and Model ERJ 190-100 IGW, -100 LR, -100 STD airplanes:
Within 7 days after June 14, 2006 (the effective date of AD 2006-11-
15), revise the Limitations section of the EMBRAER 170/190 AFM to
include the following statement. This may be done by inserting a
copy of this AD in the AFM. Factory-installation or installation of
the applicable software required by paragraph (h) of this AD
terminates the AFM revision required by this paragraph.
    ``After applying thrust reverser, do not move the throttle back
to the forward thrust range, unless the REV icon on the EICAS is
shown in amber or green.''

    Note 1: When a statement identical to that in paragraph (f) of
this AD has been included in the general revisions of the AFM, the
general revisions may be inserted into the

AFM, and the copy of this AD may be removed from the AFM.

New Requirements of This AD

AFM Revision for New Airplanes

    (g) For Model ERJ 170-200 LR, -200 STD, and -200 SU airplanes;
and Model ERJ 190-200 IGW, -200 LR, and -200 STD airplanes: Within
14 days after the effective date of this AD, revise the Limitations
section of the EMBRAER 170/190 AFM to include the following
statement. This may be done by inserting a copy of this AD in the
AFM. Factory-installation or installation of the applicable software
required by paragraph (h) of this AD terminates the AFM revision
required by this paragraph.

    ``After applying thrust reverser, do not move the throttle back
to the forward thrust range, unless the REV icon on the EICAS is
shown in amber or green.''

    Note 2: When a statement identical to that in paragraph (g) of
this AD has been included in the general revisions of the AFM, the
general revisions may be inserted into the AFM, and the copy of this
AD may be removed from the AFM.

Software Installation

    (h) Within 1,200 flight hours after the effective date of this
AD, install the full-authority digital engine-control (FADEC)
software specified in paragraph (h)(1), (h)(2), or (h)(3) of this
AD, as applicable. Installing the applicable software terminates the
applicable AFM revision required by paragraph (f) or (g) of this AD.
    (1) For Model ERJ 170-100 LR, -100 SE, -100 STD, -100 SU, -200
LR, -200 STD, and -200 SU airplanes identified in EMBRAER Service
Bulletin 170-73-0003, Revision 01, dated September 4, 2006: Install
engine FADEC software version 5.30 or higher in accordance with the
service bulletin.
    (2) For the Model ERJ 190-200 LR airplane identified in EMBRAER
Service Bulletin 190-73-0005, dated November 9, 2006: Install engine
FADEC software version 5.10 or higher in accordance with the service
bulletin.
    (3) For Model ERJ 190-100 IGW, -100 LR, -100 STD, -200 IGW, -200
LR, and -200 STD airplanes identified in EMBRAER Service Bulletin
190-73-0009, Revision 01, dated April 23, 2007: Install engine FADEC
software version 5.20 or higher in accordance with the service
bulletin.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

Related Information

    (j) Brazilian airworthiness directive 2006-03-02R1, effective
February 27, 2007; and Brazilian airworthiness directive 2006-03-
03R1, effective November 9, 2007; also address the subject of this
AD.

Material Incorporated by Reference

    (k) You must use the service information listed in Table 1 of
this AD to perform the actions that are required by this AD, as
applicable, unless the AD specifies otherwise. The Director of the
Federal Register approved the incorporation by reference of these
documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box
343-CEP 12.225, Sao Jose dos Campos-SP, Brazil, for a copy of this
service information. You may review copies at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or
at 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/cfr/
ibr-locations.html.

                                  Table 1.--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
         EMBRAER Service Bulletin                 Revision level                           Date
----------------------------------------------------------------------------------------------------------------
170-73-0003..............................  01..........................  September 4, 2006.
190-73-0005..............................  Original....................  November 9, 2006.
190-73-0009..............................  01..........................  April 23, 2007.
----------------------------------------------------------------------------------------------------------------

    Issued in Renton, Washington, on April 8, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-8255 Filed 4-18-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: April 29, 2008 (Volume 73, Number 83)]
[Notices]
[Page 23221]
[DOCID:fr29ap08-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1864-079-MI & WI]

Upper Peninsula Power Company; Notice of Availability of
Environmental Assessment

April 22, 2008.
    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's regulations, 18 CFR Part
380 (Order No. 486, 52 FR 47879), the Office of Energy Projects has
reviewed the proposed lake level amendment for the bond Falls Project,
located in the Ontonagon River Basin in Ontonagon and Gogebic Counties,
Michigan and Vilas County, Wisconsin, and has prepared a Draft
Environmental Assessment (Draft EA).
    A copy of the Draft EA is on file with the Commission and is
available for public inspection. The Draft EA may also be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number (P-1864) excluding the last three digits
in the docket number field to access the document. For assistance,
contact FERC Online Support at<EMAIL_ADDRESS>or toll-free
at 1-866-208-3676, or for TTY,<PHONE_NUMBER>.
    Any comments should be filed by May 27, 2008, and should be
addressed to the Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Room 1-A, Washington, DC 20426. Please reference the
project name and project number (P-1864) on all comments. Comments may
be filed electronically via Internet in lieu of paper. The Commission
strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii)
and the instructions on the Commission's Web site under the ``eFiling''
link. For further information, contact Monica Maynard at (202) 502-
6013.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-9298 Filed 4-28-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: July 8, 2010 (Volume 75, Number 130)]
[Notices]
[Page 39236-39238]
[DOCID:fr08jy10-72]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

June 30, 2010.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER95-72-023; ER10-790-002; ER09-665-002; ER09-1270-
003; ER09-1269-003; ER08-275-002; ER01-3118-005; ER01-3117-005; ER00-
2392-004.
    Applicants: Power Exchange Corporation; El Cajon Energy, LLC;
Wellhead Power eXchange, LLC; Chula Vista Energy Center, LLC; Escondido
Energy Center, LLC; Santa Maria Cogen Inc.; Wellhead Power Panoche,
LLC; Wellhead Power Gates, LLC; Fresno Cogeneration Partners, LP.
    Description: Power Exchange Corp et al. (Sellers) submits updated
market power analysis in compliance with the requirements of Section
205 of the Federal Power Act, etc.
    Filed Date: 06/29/2010.
    Accession Number: 20100630-0203.
    Comment Date: 5 p.m. Eastern Time on Monday, August 30, 2010.

    Docket Numbers: ER99-845-020; ER10-622-002.
    Applicants: Puget Sound Energy, Inc., Macquarie Energy LLC.
    Description: Triennial Updated Market Analysis of Puget Sound
Energy, Inc. and Macquarie Energy LLC.
    Filed Date: 06/29/2010.
    Accession Number: 20100629-5191.
    Comment Date: 5 p.m. Eastern Time on Monday, August 30, 2010.

    Docket Numbers: ER99-2284-015; ER98-2185-020; ER09-1278-004; ER99-
1773-015; ER99-1761-011; ER09-38-005; ER98-2184-020; ER01-1315-011;
ER00-33-017; ER01-2401-017; ER98-2186-021; ER05-442-009; ER00-1026-022;
ER01-751-017.
    Applicants: Mountain View Power Partners, LLC, Indianapolis Power &
Light Company, AES Eastern Energy, LP, AES Energy Storage, LLC, AES Red
Oak, LLC, AES Redondo Beach, LLC, Condon Wind Power, LLC, AES
Placerita, Inc., AES Huntington Beach, LLC, AES Ironwood, LLC, AES
Armenia Mountain Wind, LLC, AES Alamitos, LLC, AES 2, LLC, AES Creative
Resources, LP, AES ES WESTOVER, LLC.
    Description: Triennial Market Power Analysis for Southwest Region
of AES 2, LLC, et al.
    Filed Date: 06/29/2010.
    Accession Number: 20100629-5195.
    Comment Date: 5 p.m. Eastern Time on Monday, August 30, 2010.

    Docket Numbers: ER00-3614-014; ER00-443-002; ER08-337-007.
    Applicants: BP Energy Company, BP West Coast Products LLC, Watson
Cogeneration Company.
    Description: Updated Market Power Analysis for Southwest Region of
BP Energy Co., Watson Cogeneration Company, and BP West Coast Products,
LLC.
    Filed Date: 06/30/2010.
    Accession Number: 20100630-5039.
    Comment Date: 5 p.m. Eastern Time on Monday, August 30, 2010.

    Docket Numbers: ER04-947-010; ER08-1297-008; ER09-1656-004; ER02-
2559-014; ER01-1071-019; ER02-669-001; ER02-2018-012; ER10-2-003; ER01-
2074-011; ER08-1293-008; ER08-1294-008; ER10-297-002; ER10-825-001;
ER05-222-008; ER00-2391-014; ER10-149-004; ER98-2494-015; ER06-9-014;
ER09-902-004; ER00-3068-012; ER05-487-009; ER04-127-009; ER03-34-003;
ER10-402-004; ER02-1903-015; ER06-1261-013; ER03-179-010; ER03-1104-
015; ER03-1105-015; ER03-1332-008; ER09-138-006; ER08-197-012; ER03-
1333-009; ER03-1103-008; ER10-256-002; ER01-838-011; ER98-3563-016;
ER98-3564-018; ER03-1025-007; ER02-2120-010; ER10-296-002; ER05-714-
007; ER01-1972-012; ER10-1-003; ER03-155-011; ER03-623-011; ER09-1462-
003; ER08-250-009; ER07-1157-007; ER04-290-009; ER02-256-005; ER09-988-
007; ER09-832-009; ER09-989-007; ER09-990-005; ER05-236-010; ER04-187-
011; ER09-1297-003; ER07-174-013; ER08-1296-008; ER02-2166-013; ER09-
901-004; ER05-661-005; ER08-1300-008; ER03-1375-010; ER09-1760-003;
ER09-900-004; ER10-3-003; ER98-3511-016; ER99-2917-015; ER07-875-006.
    Applicants: Acme POSDEF Partners, LP; Ashtabula Wind, LLC;
Ashtabula Wind II, LLC; Backbone Mountain Windpower, LLC; Badger
Windpower, LLC; Bayswater Peaking Facility, LLC; Blythe Energy, LLC;
Butler Ridge Wind Energy Center, LLC; Calhoun Power Company I, LLC;
Crystal Lake Wind, LLC; Crystal Lake Wind II, LLC; Crystal Lake Wind
III, LLC; Day County Wind, LLC; Diablo Winds, LLC; Doswell Limited
Partnership; Elk City Wind, LLC; ESI Vansycle Partners, LP; FPL Energy
Cabazon Wind, LLC; FPL Energy Cabazon Wind, LLC; FPL Energy Cape, LLC;
FPL Energy Cowboy Wind, LLC; FPL Energy Green Power Wind, LLC; FPL
Energy Hancock County Wind, LLC; FPL Energy Illinois Wind, LLC; FPL
Energy Marcus Hook, LP; FPL Energy Mower County, LLC; FPL Energy New
Mexico Wind, LLC; FPL Energy North Dakota Wind, LLC; FPL Energy North
Dakota Wind II, LLC; FPL Energy Oklahoma Wind, LLC; FPL Energy Oliver
Wind I, LLC; FPL Energy Oliver Wind II, LLC; FPL Energy Sooner Wind,
LLC; FPL Energy South Dakota Wind, LLC; FPL Energy Stateline II, Inc.;
FPL Energy Vansycle, LLC; FPL Energy Wyman, LLC; FPL Energy Wyman IV,
LLC; FPL Energy Wyoming, LLC; FPLE Rhode Island State Energy, LP;
Garden Wind, LLC; Gexa Energy LLC; Gray County Wind Energy, LLC;
Hawkeye Power Partners, LLC; High Majestic Wind Energy Center, LLC;
High Winds, LLC; Jamaica Bay Peaking Facility, LLC; Lake Benton Power
Partners II, LLC; Langdon Wind, LLC; Logan Wind Energy LLC; Meyersdale
Windpower, LLC; Mill Run Windpower, LLC; NextEra Energy Duane Arnold,
LLC; NextEra Energy Power Marketing, LLC; NextEra Energy Point Beach,
LLC; NextEra Energy SeaBrook, LLC; Northeast Energy Associates, LP;
North Jersey Energy Associates, LP; Northern Colorado Wind Energy, LLC;
Osceola Windpower, LLC; Osceola Windpower II, LLC; Pennsylvania
Windfarms, Inc.; Sky River LLC; Somerset Windpower, LLC; Story Wind,
LLC; WayMart Wind Farm, LP; Wilton Wind II, LLC; Victory Garden Phase
IV, LLC; Wessington Wind Energy Center, LLC; FPL Energy Maine Hydro,
LLC; FPL Energy MH50 LP; Peetz Table wind Energy, LLC.
    Description: Acme POSDEF Partners, LP (NextEra Companies) et al.
submits Notice of Non-Material Change in Status and Market-Based Rate
Tariff Changes in Compliance with Order Nos 697 and 697A.
    Filed Date: 06/23/2010.
    Accession Number: 20100625-0200.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 14, 2010.

    Docket Numbers: ER07-232-004; ER07-374-003; ER05-1316-003.
    Applicants: Aragonne Wind LLC; Buena Vista Energy, LLC; Kumeyaay
Wind LLC.
    Description: Aragonne Wind LLC et al. submits its application
requesting that the Commission find that they qualify as Category 1
Sellers in the Northwest, Southeast, Central, Southwest Power Pool,
Northwest & Southwest Regions.
    Filed Date: 06/29/2010.
    Accession Number: 20100630-0202.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 20, 2010.

    Docket Numbers: ER10-1391-001.
    Applicants: San Diego Gas & Electric Company.
    Description: San Diego Gas & Electric Company submits tariff filing
per 35: San Diego Gas & Electric Company Wholesale Distribution Access
Tariff Volume 6 to be effective 6/28/2010.
    Filed Date: 06/29/2010.
    Accession Number: 20100629-5179.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 20, 2010.

    Docket Numbers: ER10-1633-000.
    Applicants: Deseret Generation & Transmission Co-operative, Inc.
    Description: Deseret Generation & Transmission Co-operative, Inc.
submits tariff filing per 35.12: Baseline Tariff Filing to be effective
6/29/2010.
    Filed Date: 06/29/2010.
    Accession Number: 20100629-5178.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 20, 2010.

    Docket Numbers: ER10-1635-000.
    Applicants: Virginia Electric and Power Company.
    Description: Request of Virginia Electric and Power Company and its
Market-Regulated Power Sales Affiliates For Waivers Of Certain
Affiliate Restrictions Requirements.
    Filed Date: 06/29/2010.
    Accession Number: 20100629-5197.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 20, 2010.

    Docket Numbers: ER10-1564-001.
    Applicants: Cabrillo Power I LLC.
    Description: Cabrillo Power I LLC submits tariff filing per 35:
Cabrillo I--Amendment to Market-Based Rate Tariff to be effective 6/28/
2010.
    Filed Date: 06/30/2010.
    Accession Number: 20100630-5035.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: ER10-1565-001.
    Applicants: Cabrillo Power II LLC.
    Description: Cabrillo Power II LLC submits tariff filing per 35:
Cabrillo Power II--Amendment to Market-Based Rate Tariff to be
effective 6/28/2010.
    Filed Date: 06/30/2010.
    Accession Number: 20100630-5052.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: ER10-1566-001.
    Applicants: El Segundo Power LLC.
    Description: El Segundo Power LLC submits tariff filing per 35: El
Segundo Power--Amendment to Market-Based Rate Tariff to be effective 6/
28/2010.
    Filed Date: 06/30/2010.
    Accession Number: 20100630-5053.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: ER10-1583-001.
    Applicants: El Segundo Power II LLC.
    Description: El Segundo Power II LLC submits tariff filing per 35:
El Segundo Power II--Amendment to Market-Based Rate Tariff to be
effective 6/28/2010.
    Filed Date: 06/30/2010.
    Accession Number: 20100630-5070.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: ER10-1636-000.
    Applicants: Xcel Energy Services Inc.
    Description: Northern States Power Company et al. submits a Notice
of Cancellation of the Interconnection and Interchange Agreement with
Upper Peninsula Power Company.
    Filed Date: 06/29/2010.
    Accession Number: 20100630-0208.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 20, 2010.

    Docket Numbers: ER10-1637-000.
    Applicants: Synergics Roth Rock Wind Energy, LLC.
    Description: Synergics Wind Energy, LLC submits an application for
authorization to sell energy and capacity in wholesale transactions at
negotiated, market-based rates.
    Filed Date: 06/29/2010.
    Accession Number: 20100630-0209.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 20, 2010.

    Docket Numbers: ER10-1638-000.
    Applicants: Public Service Electric and Gas Company.
    Description: Public Service Electric and Gas Company submits tariff
filing per 35.12: Baseline Filing of Market-Based rate Tariff Under
Order No. 714 to be effective 6/30/2010.
    Filed Date: 06/30/2010.
    Accession Number: 20100630-5051.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: ER10-1639-000.
    Applicants: CPV Milford, LLC.
    Description: CPV Milford, LLC submits tariff filing per 35.37:
Category 1 Demonstration Filing to be effective 8/30/2010.
    Filed Date: 06/30/2010.
    Accession Number: 20100630-5068.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: ER10-1640-000.
    Applicants: CPV Liberty, LLC.
    Description: CPV Liberty, LLC submits tariff filing per 35.37:
Category 1 Demonstration Filing to be effective 8/30/2010.
    Filed Date: 06/30/2010.
    Accession Number: 20100630-5069.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: ER10-1641-000.
    Applicants: Dogwood Energy LLC.
    Description: Dogwood Energy LLC submits tariff filing per 35.37:
Category 1 Demonstration Filing to be effective 8/30/2010.
    Filed Date: 06/30/2010.
    Accession Number: 20100630-5071.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: ER10-1642-000.
    Applicants: EWO Marketing, Inc.
    Description: EWO Marketing, Inc. submits tariff filing per 35.12:
Baseline Filing of EWOM to be effective 6/30/2010.
    Filed Date: 06/30/2010.
    Accession Number: 20100630-5077.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: ER10-1643-000.
    Applicants: Cottonwood Energy Company, LP.
    Description: Cottonwood Energy Company, LP submits tariff filing
per 35.37: Category 1 Demonstration Filing to be effective 8/30/2010.
    Filed Date: 06/30/2010.
    Accession Number: 20100630-5093.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: ER10-1644-000.
    Applicants: Magnolia Energy LP.
    Description: Magnolia Energy LP submits tariff filing per 35.37:
Category 1 Demonstration Filing to be effective 8/30/2010.
    Filed Date: 06/30/2010.
    Accession Number: 20100630-5109.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: ER10-1652-000.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits tariff filing per 35: 2010-06-30 CAISO Corona MSA Termination
to be effective 7/1/2010.
    Filed Date: 06/30/2010.
    Accession Number: 20100630-5145.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: ER10-1656-000.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits

tariff filing per 35: 2010-06-30 ISO Security Deposit Tariff Waiver to
be effective 7/1/2010.
    Filed Date: 06/30/2010.
    Accession Number: 20100630-5149.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: ER10-1657-000.
    Applicants: New York Independent System Operator.
    Description: New York Independent System Operator submits tariff
filing per 35.12: Baseline Tariff Filing of the New York Independent
System Operator, Inc., to be effective 6/30/2010.
    Filed Date: 06/30/2010.
    Accession Number: 20100630-5153.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

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

    Docket Numbers: ES10-51-000.
    Applicants: AEP Appalachian Transmission Company, Inc.
    Description: Application Under Section 204 of the Federal Power Act
of AEP Appalachian Transmission Company, Inc., et al., for
Authorization to Issue Securities.
    Filed Date: 06/30/2010.
    Accession Number: 20100630-5083.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

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

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-16636 Filed 7-7-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 79 (Tuesday, April 27, 2021)]
[Notices]
[Pages 22237-22239]
[FR Doc No: 2021-08701]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2021-0002]

Final Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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

SUMMARY: Flood hazard determinations, which may include additions or
modifications of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where
applicable, in the supporting Flood Insurance Study (FIS) reports have
been made final for the communities listed in the table below. The FIRM
and FIS report are the basis of the floodplain management measures that
a community is required either to adopt or to show evidence of having
in effect in order to qualify or remain qualified for participation in
the Federal Emergency Management Agency's (FEMA's) National Flood
Insurance Program (NFIP). In addition, the FIRM and FIS report are used
by insurance agents and others to calculate appropriate flood insurance
premium rates for buildings and the contents of those buildings.

DATES: The date of August 10, 2021 has been established for the FIRM
and, where applicable, the supporting FIS report showing the new or
modified flood hazard information for each community.

ADDRESSES: The FIRM, and if applicable, the FIS report containing the
final flood hazard information for each community is available for
inspection at the respective Community Map Repository address listed in
the tables below and will be available online through the FEMA Map
Service Center at https://msc.fema.gov by the date indicated above.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,

(202) 646-7659, or (email<EMAIL_ADDRESS>or visit the
FEMA Mapping and Insurance eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the new or
modified flood hazard information for each community listed.
Notification of these changes has been published in newspapers of local
circulation and 90 days have elapsed since that publication. The Deputy
Associate Administrator for Insurance and Mitigation has resolved any
appeals resulting from this notification.
    This final notice is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the new or revised FIRM and FIS report available at the address
cited below for each community or online through the FEMA Map Service
Center at https://msc.fema.gov.
    The flood hazard determinations are made final in the watersheds
and/or communities listed in the table below.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
             Manatee County, Florida and Incorporated Areas
                         Docket No.: FEMA-B-1950
------------------------------------------------------------------------
City of Anna Maria.....................  City Hall Annex, 307 Pine
                                          Avenue, Anna Maria, FL 34216.
City of Bradenton......................  City Hall, 101 Old Main Street
                                          West, Bradenton, FL 34205.
City of Bradenton Beach................  City Hall, 107 Gulf Drive
                                          North, Bradenton Beach, FL
                                          34217.
City of Holmes Beach...................  City Hall, 5801 Marina Drive,
                                          Holmes Beach, FL 34217.
City of Palmetto.......................  Building Department, 601 17th
                                          Street West, Palmetto, FL
                                          34221.
Town of Longboat Key...................  Town Hall, 501 Bay Isles Road,
                                          Longboat Key, FL 34228.
Unincorporated Areas of Manatee County.  Manatee County Building and
                                          Development Services
                                          Department, 1112 Manatee
                                          Avenue West, 4th Floor,
                                          Bradenton, FL 34205.
------------------------------------------------------------------------
             Warren County, Illinois and Incorporated Areas
                         Docket No.: FEMA-B-2028
------------------------------------------------------------------------
City of Monmouth.......................  City Hall, 100 East Broadway,
                                          Monmouth, IL 61462.
Unincorporated Areas of Warren County..  Warren County Courthouse, 100
                                          West Broadway, Monmouth, IL
                                          61462.
Village of Alexis......................  Village Hall, 204 South Main
                                          Street, Alexis, IL 61412.
Village of Kirkwood....................  Village Hall, 120 West Cedar
                                          Street, Kirkwood, IL 61447.
Village of Little York.................  Village Hall, 401 West Main
                                          Street, Little York, IL 61453.
Village of Roseville...................  Village Hall, 185 West Penn
                                          Avenue, Roseville, IL 61473.
------------------------------------------------------------------------
               Dubuque County, Iowa and Incorporated Areas
                 Docket No.: FEMA-B-1910 and FEMA-B-2033
------------------------------------------------------------------------
City of Asbury.........................  City Hall, 5290 Grand Meadow
                                          Drive, Asbury, IA 52002.
City of Bernard........................  City Hall, 549 Leffler Street,
                                          Bernard, IA 52032.
City of Cascade........................  City Hall, 320 1st Avenue West,
                                          Cascade, IA 52033.
City of Dubuque........................  City Hall, 50 West 13th Street,
                                          Dubuque, IA 52001.
City of Durango........................  City Hall, 833 U.S. Highway 52
                                          North, Durango, IA 52039.
City of Dyersville.....................  City Hall, 340 1st Avenue East,
                                          Dyersville, IA 52040.
City of Epworth........................  City Hall, 191 Jacoby Drive
                                          East, Epworth, IA 52045.
City of Farley.........................  City Hall, 114 First Street
                                          North, Farley, IA 52046.
City of Graf...........................  Graf City Clerk's Office, 10294
                                          Emberwood Drive, Dubuque, IA
                                          52001.
City of Luxemburg......................  City Hall, 202 South Andres
                                          Street, Luxemburg, IA 52056.
City of New Vienna.....................  City Hall, 7271 Columbus
                                          Street, New Vienna, IA 52065.
City of Peosta.........................  Community Centre, 7896 Burds
                                          Road, Peosta, IA 52068.
City of Rickardsville..................  City Hall, 20494 St. Joseph's
                                          Drive, Rickardsville, IA
                                          52039.
City of Sageville......................  Sageville City Clerk's Office,
                                          31626 Olde Castle Road,
                                          Dyersville, IA 52040.
City of Worthington....................  City Hall, 216 1st Avenue West,
                                          Worthington, IA 52078.
City of Zwingle........................  City Hall, 80 Walnut Street,
                                          Zwingle, IA 52079.
Unincorporated Areas of Dubuque County.  Dubuque County Courthouse, 720
                                          Central Avenue, Dubuque, IA
                                          52001.
------------------------------------------------------------------------
             Ellsworth County, Kansas and Incorporated Areas
                         Docket No.: FEMA-B-2014
------------------------------------------------------------------------
City of Holyrood.......................  City Hall, 116 South Main
                                          Street, Holyrood, KS 67450.
City of Lorraine.......................  City Hall, 238 Main Street,
                                          Lorraine, KS 67459.
Unincorporated Areas of Ellsworth        Ellsworth County Courthouse,
 County.                                  210 North Kansas Avenue,
                                          Ellsworth, KS 67439.
------------------------------------------------------------------------

              Sanilac County, Michigan (All Jurisdictions)
                         Docket No.: FEMA-B-2009
------------------------------------------------------------------------
Township of Delaware...................  Delaware Township Hall, 7979
                                          Maple Grove Road, Minden City,
                                          MI 48456.
Township of Forester...................  Forester Township Hall, 2470
                                          North Lakeshore Road (M-25),
                                          Deckerville, MI 48427.
Township of Lexington..................  Township Hall, 7227 Huron
                                          Avenue, Suite 200, Lexington,
                                          MI 48450.
Township of Sanilac....................  Sanilac Township Hall, 20 North
                                          Ridge Street, Port Sanilac, MI
                                          48469.
Township of Worth......................  Worth Township Hall, 6903 South
                                          Lakeshore Road, Lexington, MI
                                          48450.
Village of Forestville.................  Village Hall, 5605 Cedar
                                          Street, Forestville, MI 48434.
Village of Lexington...................  Village Hall, 7227 Huron
                                          Avenue, Suite 100, Lexington,
                                          MI 48450.
Village of Port Sanilac................  Village Hall, 56 North Ridge
                                          Street, Port Sanilac, MI
                                          48469.
------------------------------------------------------------------------

[FR Doc. 2021-08701 Filed 4-26-21; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: October 4, 2005 (Volume 70, Number 191)]
[Notices]
[Page 57887]
[DOCID:fr04oc05-82]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1605-DR]

Alabama; Amendment No. 6 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and
Response Directorate, Department of Homeland Security.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for the
State of Alabama (FEMA-1605-DR), dated August 29, 2005, and related
determinations.

EFFECTIVE DATE: September 26, 2005.

FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal
Emergency Management Agency, Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this disaster is closed effective September 26, 2005.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services Program; 97.034,
Disaster Unemployment Assistance (DUA); 97.046, Fire Management
Assistance; 97.048, Individuals and Households Housing; 97.049,
Individuals and Households Disaster Housing Operations; 97.050
Individuals and Households Program--Other Needs; 97.036, Public
Assistance Grants; 97.039, Hazard Mitigation Grant Program.)

R. David Paulison,
Acting Under Secretary, Emergency Preparedness and Response, Department
of Homeland Security.
[FR Doc. 05-19813 Filed 10-3-05; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register: February 12, 2008 (Volume 73, Number 29)]
[Notices]
[Page 8098-8100]
[DOCID:fr12fe08-76]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57270; File No. SR-OCC-2007-20]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing of a Proposed Rule Change Relating to the System for
Theoretical Analysis and Numerical Simulations

February 5, 2008.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on December 14, 2007, The
Options Clearing Corporation (``OCC'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I, II, and III below, which items have been prepared
primarily by OCC. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The proposed rule change would permit the incorporation of certain
forms of securities deposited as margin collateral into OCC's System
for Theoretical Analysis and Numerical Simulations (``STANS'') risk
management methodology.

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

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

proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. OCC has prepared summaries, set
forth in sections (A), (B), and (C) below, of the most significant
aspects of such statements.\2\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ The Commission has modified parts of these statements.
---------------------------------------------------------------------------

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

    The purpose of the proposed rule change is to more accurately
measure the risk in clearing members' accounts and thereby permit OCC
to set margin requirements that more precisely reflect that risk. In
connection with this proposed change, it is also necessary to propose
additional flexibility in determining the amount of replacement
collateral required when securities deposited as margin are withdrawn.
In addition, because OCC believes that certain existing concentration
limits and requirements regarding minimum share prices are no longer
appropriately applied to securities that are underlying securities or
to fund shares that track an index that is an underlying index for
covered contracts, OCC is proposing to eliminate such requirements with
respect to such securities.
    Overview of Proposed Changes. OCC proposes to incorporate certain
common stocks and ETFs (defined as ``fund shares'' in Article I of
OCC's By-Laws) into the STANS margin calculation process.\3\ STANS is a
large-scale Monte Carlo-based risk management methodology used to
measure risk associated with portfolios of cleared contracts.
Currently, these forms of securities when deposited as collateral to
satisfy margin requirements are priced on a nightly basis and are
assigned a value equal to their end-of-day market price minus the
haircut applicable to that form of collateral, an amount that varies
according to asset type. While this method of valuing collateral has
generally served OCC well in the past, it does not take into account
the potential risk-reducing impact that the deposited collateral might
have on a clearing member's portfolio. Under the proposed rule change,
cleared options positions and underlying securities in the forms
indicated above would be analyzed as a single portfolio using STANS,
thus providing a more accurate valuation of securities deposited as
collateral in relation to the other positions in the account. The
proposed rule change would align risk management techniques utilized to
manage market risk of options portfolios with those used to value
margin deposits. There are two primary benefits expected from the rule
change. First, margin requirements would be based on the risk of the
combined portfolio that includes both cleared contracts and deposited
collateral thereby allowing the relevant intercorrelations of cleared
contracts and deposited collateral to be taken into consideration
rather than treating securities deposited as collateral as having fixed
values. Second, the coverage provided by a particular asset class
(e.g., shares of IBM common stock) would be based on the historical
volatility of that particular asset rather than by taking a flat
``haircut'' rate across a much broader class of assets (e.g., 30%
haircut for common stock). For the period from August 16, 2007, to
September 10, 2007, OCC staff computed margin requirements for all
existing accounts according to this proposed approach. The result
showed an average daily reduction in risk margin requirements of
approximately $1.2 billion, or 5%, as compared to OCC's current
approach. At the same time that average daily collateral requirements
would be reduced, the STANS calculations would also measure and
compensate for added risk arising where risks are positively correlated
rather than offsetting.
---------------------------------------------------------------------------

    \3\ For a description of STANS, refer to Securities Exchange Act
Release No. 53322 (February 15, 2006) 71 FR 9403 (February 23, 2006)
(File No. SR-OCC-2004-20).
---------------------------------------------------------------------------

    OCC is also proposing an exception to collateral minimum price and
concentration limits with respect to certain securities deposited as
collateral. Currently, eligible collateral securities deposited with
OCC must (1) have a market value greater than $10 per share and (2) be
traded on a national securities exchange, the Nasdaq Global Market, or
the Nasdaq Capital Market. Additionally, the aggregate value of margin
attributed to a single security cannot exceed 10% of a clearing
member's total margin requirement. These criteria were designed to
limit deposits to liquid, readily marketable securities and to avoid
concentrations of deposits in a single security. OCC proposes an
exception to these eligibility and concentration requirements for
securities that are deliverable upon exercise of a contract cleared by
OCC or, in the case of ETFs, that track an index underlying cleared
contracts whether or not the particular ETF is an underlying security.
OCC believes that this exception would permit and encourage the use of
collateral that closely hedges related options positions. The proposed
exception would apply only to the approximately 2,800 exchange-listed
equity securities that currently underlie listed options. Thus, OCC's
existing minimum value and concentration restrictions would continue to
apply to the approximate 7,200 exchange-listed equity securities that
do not underlie listed options.
    OCC also proposes a minor amendment to the current requirement that
the aggregate value of margin attributed to a single security cannot
exceed 10% of the total margin requirement in an account. The proposed
change would base the calculation on the clearing member's actual
margin deposits rather than the clearing member's total margin
requirement in the account. Thus, the requirement as amended would
limit the value given to deposits in any single security to no more
than 10% of the market value of a member's aggregate margin deposits in
the account. This test is very similar in purpose and effect to the
current test, but OCC believes it will be much easier to administer
than the current test when collateral is included in STANS.
    In addition, OCC would need a different means for addressing
substitutions of collateral where a security that has been valued in
STANS was being replaced during the business day. STANS performs
multiple portfolio revaluations during the business day using current
prices of collateral and cleared contracts. While the revaluations
include updated positions in cleared contracts reflecting intraday
trading activity, they do not at present include updated collateral
positions reflecting withdrawals and substitutions. In addition, it is
operationally too intensive, given the complexity of the STANS
methodology and the frequency of substitution requests, to recalculate
the STANS requirement for each such collateral withdrawal/deposit.
Although OCC intends ultimately to make further systems changes to
address these issues in more efficient ways, OCC has developed an
approach that provides the necessary protection to the clearing system
by taking a conservative view of the estimated impact that a
withdrawal/deposit would have on the member's requirement.
    OCC proposes to treat margin collateral substitutions and
withdrawals in the same manner that substitutions and withdrawals of
specific and escrow deposits are treated. In the case of a margin
withdrawal or deposit, OCC would incorporate an adjustment factor,
based on the historical volatility of the

security, equal to the estimated impact (within the 99% confidence
interval) of the security on the projected liquidating value of the
account. For example, if a clearing member deposited $300 in IBM stock
and IBM is given a risk adjustment factor of 10%, the deposited stock
would be given a value of $270 ($300 x [100%-10%]) in intraday excess
collateral value to be used against releases to account for the
potential negative risk impact of adding the stock to the portfolio. If
the clearing member then released $200 of Google stock and Google is
given a risk adjustment factor of 12%, the clearing member would be
required to maintain $224 ($200 x [100% + 12%]) in excess collateral to
account for the negative impact of removing Google from the portfolio.
    Proposed Changes to OCC's Rules to Implement the Foregoing
Concepts. OCC's Rule 601, ``Margin Requirements,'' currently states in
paragraph (c) that margin assets may be incorporated into the Monte
Carlo calculations as an alternative to valuing such assets under Rule
604, ``Form of Margin Assets.'' OCC now proposes merely to add an
Interpretation to Rule 601 to indicate that OCC is implementing this
alternative to the extent that it will be incorporating common stocks
and ETFs into the STANS calculation of expected net liquidating value.
Rule 604(b)(4), which governs the deposit of equity and debt issues to
satisfy margin requirements, would be amended to provide exceptions to
the per share minimum price and concentration limits and to provide
that concentration limits will be measured in relation to the aggregate
margin on deposit rather than to the margin requirement in an account.
Rule 604(b)(4) is also proposed to be amended to reflect the fact that
Nasdaq is now registered as a national securities exchange. An
Interpretation is proposed to be added to Rule 608, ``Withdrawals of
Margin,'' to give OCC the flexibility to adopt the interim method of
dealing with collateral withdrawals and substitutions as described
above. The proposed changes in Rules 609, ``Intraday Margin,'' and
706(c), ``Cross-Margining Settlement Procedures,'' would reflect minor
conforming changes and nonsubstantive updates to streamline the rules
and add flexibility.
    OCC proposes to put all of the foregoing proposed rule changes into
effect simultaneously upon appropriate notice to clearing members once
systems changes needed for full implementation are in place. The
published text of OCC's Rules would not be modified until that time
although this rule change would be published as pending approval or
approved but not yet implemented, as the case may be.
    The proposed changes to OCC's Rules are consistent with the
purposes and requirements of section 17A of the Act because they are
designed to promote accuracy in the clearance and settlement of
transactions in options and other derivatives cleared by OCC and in the
risk assessments related thereto, to promote efficiency and eliminate
unnecessary costs to investors by reducing risk margin requirements,
and in general to protect investors and the public interest. The
proposed changes accomplish this purpose by more accurately evaluating
collateral deposits and encouraging the use of collateral that closely
hedges options positions. The proposed changes are not inconsistent
with the existing By-laws and Rules of OCC, including any proposed to
be amended.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    OCC does not believe that the proposed rule change would impose any
burden on competition.

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

    Written comments were not and are not intended to be solicited with
respect to the proposed rule change and none have been received.

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

    Within thirty-five days of the date of publication of this notice
in the Federal Register or within such longer period (i) as the
Commission may designate up to ninety days of such date if it finds
such longer period to be appropriate and publishes its reasons for so
finding or (ii) as to which the self-regulatory organization consents,
the Commission will:
    (A) By order approve the proposed rule change or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-OCC-2007-20 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-OCC-2007-20. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml

). Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for inspection and copying in the
Commission's Public Reference Section, 100 F Street, NE., Washington,
DC 20549, 100 F Street, NE., Washington, DC 20549, on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing also
will be available for inspection and copying at the principal office of
OCC and on OCC's Web site at http://www.optionsclearing.com.

    All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-OCC-2007-20
and should be submitted on or before March 4, 2008.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\4\
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    \4\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon ,
Deputy Secretary.
 [FR Doc. E8-2469 Filed 2-11-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 244 (Thursday, December 19, 2013)]
[Notices]
[Pages 76884-76886]
[FR Doc No: 2013-30178]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71074; File No. SR-Topaz-2013-13]

Self-Regulatory Organizations; Topaz Exchange, LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the
Schedule of Fees

December 13, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 2, 2013, the Topaz Exchange, LLC (d/b/a ISE Gemini)
(the ``Exchange'' or ``Topaz'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    Topaz is proposing to amend its Schedule of Fees to charge a
``taker'' fee to non-Priority Customers orders executed during the
opening rotation. The proposed rule change is available on the
Exchange's Internet Web site at http://www.ise.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to amend the Schedule of
Fees to specify that the Exchange will charge its ``taker'' fee for
non-Priority Customer orders executed during the opening rotation as
described below. The fee changes discussed apply to both Standard
Options and Mini Options traded on the Exchange. The Exchange's
Schedule of Fees has separate tables for fees applicable to Standard
Options and Mini Options. The Exchange notes that while the discussion
below relates to fees for Standard Options, the fees for Mini Options,
which are not discussed below, are and shall continue to be 1/10th of
the fees for Standard Options.
    The Exchange currently treats all volume executed during the
opening rotation as adding liquidity for the purpose of determining
applicable fees and rebates. This has resulted in a negative rate per
contract for the Exchange during the opening rotation as both sides of
each trade are paid the applicable rebate for adding liquidity, i.e.,
the ``maker'' rebate. As volume executed on the opening rotation
continues to grow, and in order to avoid a situation where the Exchange
must pay a significant rebate on both sides of these trades, the
Exchange proposes to charge its ``taker'' fee to non-Priority Customer
orders executed during the opening rotation. Thus, based on current fee
levels, the Exchange will charge a fee of $0.48 per contract in Penny
Symbols and SPY to Market Maker,\3\ non-Topaz Market Maker,\4\ Firm
Proprietary/Broker-Dealer,\5\ and Professional Customer orders.\6\ In
non-Penny Symbols the Exchange will charge a fee of $0.84 per contract
for Market Maker orders, and a fee of $0.87 per contract for non-Topaz
Market Maker, Firm Proprietary/Broker-Dealer, and Professional Customer
orders. In order to attract Priority Customer orders,\7\ the Exchange
will continue to pay Priority Customers the ``maker'' rebate, which
currently ranges from $0.25 per contract for Tier 1 Priority Customers
to $0.48 per contract for Tier 4 Priority Customers,\8\ for orders
executed during the opening rotation.
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    \3\ The term Market Maker refers to ``Competitive Market
Makers'' and ``Primary Market Makers'' collectively. Market Maker
orders sent to the Exchange by an Electronic Access Member are
assessed fees and rebates at the same level as Market Maker orders.
See footnote 2, Schedule of Fees, Section I and II.
    \4\ A Non-Topaz Market Maker, or Far Away Market Maker
(``FarMM''), is a market maker as defined in Section 3(a)(38) of the
Securities Exchange Act of 1934, as amended, registered in the same
options class on another options exchange.
    \5\ A Firm Proprietary order is an order submitted by a Member
for its own proprietary account. A Broker-Dealer order is an order
submitted by a Member for a non-Member broker-dealer account.
    \6\ A Professional Customer is a person who is not a broker/
dealer and is not a Priority Customer.
    \7\ A Priority Customer is a person or entity that is not a
broker/dealer in securities, and does not place more than 390 orders
in listed options per day on average during a calendar month for its
own beneficial account(s).
    \8\ The Exchange provides rebates to Members for adding
liquidity based on tiers that reflect their Total Affiliated Member
Average Daily Volume (``ADV''), Priority Customer Maker ADV, or a
combination of the two. See Securities Exchange Act Release No.
70426 (September 17, 2013) 78 FR 58359 (September 23, 2013).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\9\ in general, and furthers the objectives of Section
6(b)(4) of the Act,\10\ in particular, in that it provides for an
equitable allocation of reasonable fees

and other charges among Exchange Members and other persons using its
facilities.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that it is fair and equitable to charge its
``taker'' fee for non-Priority Customer orders executed during the
opening rotation in order to avoid the negative economics associated
with paying a rebate on both sides of each trade. The Exchange notes
that other options exchanges have implemented opening-only pricing. For
example, the BOX Options Exchange (``BOX'') LLC fee schedule provides
that transactions that occur on the opening or re-opening of trading
will be deemed to neither ``add'' nor ``remove'' liquidity, and will
therefore be exempt from certain fees and credits.\11\ The Exchange is
proposing to charge non-Priority Customers its ``taker'' fee rather
than waiving fees and rebates for all market participants so that it
can attract Priority Customer orders, which will continue to be paid
rebates. The Exchange does not believe that it is unfairly
discriminatory not to similarly charge its ``taker'' fee to Priority
Customers. In general, Priority Customers are provided higher rebates
and lower fees than other market participants on the Exchange. The
Exchange believes continuing to provide rebates to Priority Customer
orders executed during the opening rotation will attract that order
flow to Topaz and thereby create liquidity to the benefit of all market
participants who trade on the Exchange. A Priority Customer is by
definition not a broker or dealer in securities, and does not place
more than 390 orders in listed options per day on average during a
calendar month for its own beneficial account(s). This limitation does
not apply to participants on the Exchange whose behavior is
substantially similar to that of market professionals, including
Professional Customers, who will generally submit a higher number of
orders (many of which do not result in executions) than Priority
Customers.
---------------------------------------------------------------------------

    \11\ See BOX Fee Schedule, Section II. Liquidity Fees and
Credits, Exempt Transactions.
---------------------------------------------------------------------------

    The Exchange notes that it has determined to charge fees in Mini
Options at a rate that is 1/10th the rate of fees the Exchange provides
for trading in Standard Options. The Exchange believes it is reasonable
and equitable and not unfairly discriminatory to assess lower fees to
provide market participants an incentive to trade Mini Options on the
Exchange. The Exchange believes the proposed fees are reasonable and
equitable in light of the fact that Mini Options have a smaller
exercise and assignment value, specifically 1/10th that of a standard
option contract, and, as such, is providing fees that are 1/10th of
those applicable to Standard Options.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on intermarket or intramarket competition that is not
necessary or appropriate in furtherance of the purposes of the Act. As
described above, this proposed rule change is intended to remedy the
negative economics associated with paying a rebate to market
participants on both sides of trades executed during the opening
rotation. While only Priority Customers will continue to receive a
rebate for trades executed during the opening rotation, this is
consistent with current practices of charging lower fees and providing
higher rebates to Priority Customers, and will encourage Members to
send additional Priority Customer order flow to the Exchange, to the
benefit of all market participants. The Exchange operates in a highly
competitive market in which market participants can readily direct
their order flow to competing venues. In such an environment, the
Exchange must continually review, and consider adjusting, its fees and
rebates to remain competitive with other exchanges. For the reasons
described above, the Exchange believes that the proposed fee changes
reflect this competitive environment.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\12\ and subparagraph (f)(2) of Rule 19b-4
thereunder,\13\ because it establishes a due, fee, or other charge
imposed by Topaz.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \13\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-Topaz-2013-13 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-Topaz-2013-13. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method.
    The Commission will post all comments on the Commission's Internet
Web site (http://www.sec.gov/rules/sro.shtml). Copies of the
submission, all subsequent amendments, all written statements with
respect to the proposed rule change that are filed with the Commission,
and all written communications relating to the proposed rule change
between the Commission and any person, other than those that may be
withheld from the public in accordance with the provisions of 5 U.S.C.
552, will be available for Web site viewing and printing in the
Commission's Public Reference Room, 100 F Street NE., Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal offices of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions

should refer to File No. SR-Topaz-2013-13, and should be submitted on
or before January 9, 2014.
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-30178 Filed 12-18-13; 8:45 am]
BILLING CODE 8011-01-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request USEPA/ Office of Enforcement and Compliance Assurance 2. OMB control number b. G None a. 2060 0363 __ __ __ __

3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title NSPS for Hospital/ Medical/ Infectious Waste Incinerators ( 40 CFR part 60, subpart Ec) ( Renewal)

8. Agency form number( s) ( If applicable) EPA ICR 1730.04 9. Keywords Hospital waste, medical/ infectious waste, chemotherapeutic waste, infectious agent, co fired combustor, pathological waste, radioactive.

10. Abstract Respondents are owners or operators of hospital/ medical/ infectious waste incinerators ( HMIWI). Information required by the NSPS is necessary to ensure that HMIWI emission standards are attained, and the HMIWI are properly operated and maintained. Owners or operators are required to maintain records of the occurrence and duration of any start up, shutdown, or malfunction at affected facility.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. Business or other for profit e. Federal Government c. P Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 7 b. Total annual responses 33 1. Percentage of these responses collected electronically 15 ________ % c. Total hours requested 4,795 d. Current OMB inventory 4,541 e. Difference 254 f. Explanation of difference 1. Program Change 0 2. Adjustment 254 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs 2 b. Total annual costs ( O& M) 20 c. Total annualized cost requested 22 d. Current OMB inventory 19 e. Difference 3 f. Explanation of difference 1. Program change 0 2. Adjustment 3 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. Application for benefits e. Program planning or management b. Program evaluation f. Research c. General purpose statistics g. P Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. Q Third party disclosure c. X Reporting 1. X On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. X Semi annually 6. X Annually 7. Q Biannually 8. X Other ( describe) Initially 17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Learia Williams Phone: ( 202) 564 4113 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3):

( i) Why the information is being collected; ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( i) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Michael S. Alushin, Director Compliance Assessment and Media Programs Division Office of Compliance Office of Enforcement and Compliance Assurance Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility,

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C. § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( i) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of:

"( i) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number." OMB 83 I ( Instructions) 10/ 95


[Federal Register: September 24, 2009 (Volume 74, Number 184)]
[Notices]
[Page 48730-48731]
[DOCID:fr24se09-47]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2009-0313; FRL-8962-5]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Critical Public Information Needs
During Drinking Water Emergencies (New); EPA ICR No. 2322.01, OMB
Control No. 2080-NEW

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request for a new
collection. The ICR, which is abstracted below, describes the nature of
the information collection and its estimated burden and cost.

DATES: Comments must be submitted on or before October 26, 2009.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-ORD-
2009-0313 to (1) EPA online using http://www.regulations.gov (our
preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Office of Research &
Development Docket, Mail Code 28221T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460, and (2) OMB by mail to: Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Attention:
Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Scott Minamyer, Environmental
Protection Agency, Mail Code NG-16, Environmental Protection Agency, 26
West Martin Luther King Drive, Cincinnati, OH 45220; telephone number:
513-569-7175; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On June 17, 2009 (74 FR 28696), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments during the
comment period. Any additional comments on this ICR should be submitted
to EPA and OMB within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA EPA-HQ-ORD-2009-0313, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the ORD Docket in
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Reading Room is<PHONE_NUMBER>,
and the telephone number for the ORD Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidential Business Information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://
www.regulations.gov.
    Title: Critical Public Information Needs during Drinking Water
Emergencies (New).
    ICR numbers: EPA ICR No. 2322.01, OMB Control No. 2080-NEW.
    ICR status: This ICR is for a new information collection activity.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR Part 9.
    Abstract: EPA is collecting this information as part of a formative
research study to identify critical information the public will need
from water utilities and other decision-makers during a crisis event
impacting drinking water. The research will probe consumers' and water
sector professionals' beliefs, opinions, and knowledge about water
security risks to assist public officials in planning effective crisis
communication strategies for such emergencies. Good communication can
rally support, calm fears, provide needed instructions, and encourage
cooperative behaviors.
    Study participants will also provide feedback on the effectiveness
of draft sample messages previously developed by EPA in consultation
with subject matter experts from water utilities, public health,
emergency response, law enforcement, and water trade/professional
organizations. Voluntary participants for this one-time study will
include water utility managers, public information officers, and
members of the public who consume drinking water supplied by water
utilities. Confidentiality of responses from respondents will be
assured by using an independent contractor to collect the information,
enacting procedures to prevent unauthorized access to respondent data,
and preventing public disclosure of the responses of individual
participants.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 1.7
hours per response. Burden is defined as the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or provide information to or for a Federal agency. This
includes the time needed to: Review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Water utility professional staff and
members of

the public participating in focus group discussions.
    Estimated Number of Respondents: 180.
    Frequency of Response: Once.
    Estimated Total Annual Hour Burden: 308.
    Estimated Total Annual Cost: $1,380; includes $0 annualized capital
or O&M costs.
    Changes in the Estimates: This is a new ICR.

    Dated: September 17, 2009.
John Moses,
Director, Collection Strategies Division.
[FR Doc. E9-23075 Filed 9-23-09; 8:45 am]

BILLING CODE 6560-50-P