[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Notices]
[Pages 59674-59676]
[FR Doc No: 2016-20731]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78662; File No. SR-NYSEArca-2016-119]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Amending and Restating the Second Amended and
Restated Certificate of Incorporation of the Exchange's Ultimate Parent
Company, Intercontinental Exchange, Inc.

August 24, 2016.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on August 17, 2016, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend and restate the Second Amended and
Restated Certificate of Incorporation (the ``ICE Certificate'') of the
Exchange's ultimate parent company, Intercontinental Exchange, Inc.
(``ICE''), to increase ICE's authorized share capital, and to make
other, non-substantive changes. The proposed rule change is available
on the Exchange's Web site at www.nyse.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
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts 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 proposed amendments would revise the ICE Certificate \4\ to
increase the total number of authorized shares of ICE common stock, par
value $0.01 per share (``Common Stock''), and make other, non-
substantive changes. More specifically, the Exchange proposes to make
the following amendments to the ICE Certificate:
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    \4\ ICE owns 100% of the equity interest in Intercontinental
Exchange Holdings, Inc., which in turn owns 100% of the equity
interest in NYSE Holdings LLC. NYSE Holdings LLC owns 100% of the
equity interest of NYSE Group, Inc., which in turn directly owns
100% of the equity interest of the Exchange and its affiliates New
York Stock Exchange LLC and NYSE MKT LLC. ICE is a publicly traded
company listed on the Exchange's affiliate New York Stock Exchange
LLC. The Exchange's affiliates, New York Stock Exchange LLC and NYSE
MKT LLC, have each submitted substantially the same proposed rule
change to propose the changes described herein. See SR-NYSE-2016-57
and SR-NYSEMKT-2016-80.
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     In Article IV, section A, the total number of shares of
stock that ICE is authorized to issue would be changed from 600,000,000
to 1,600,000,000 shares, and the portion of that total constituting
Common Stock would be changed from 500,000,000 to 1,500,000,000 shares.
     In Article V, section A.5, the reference to ``this Section
A of ARTICLE VI'' would be corrected to refer to ``this Section A of
ARTICLE V''.
     References to the ``Second Amended and Restated
Certificate of Incorporation'' would be changed throughout to refer to
the ``Third Amended and Restated Certificate of Incorporation'', and
related technical and conforming changes would be made to the recitals
and signature page of the ICE Certificate.
    The proposed amendments to the ICE Certificate were approved by the
board of directors of ICE (``ICE Board'') on August 1, 2016. The
Exchange proposes that the above amendments to the ICE Certificate
would be effective when filed with the Department of State of Delaware,
which would not occur until approval of the amendments by the
stockholders of ICE is obtained at a Special Meeting of Stockholders on
October 12, 2016.
    The trading price of ICE's Common Stock has risen significantly
since ICE's initial public offering in 2005,\5\ and the ICE Board
believes that such price

appreciation may impact the liquidity of ICE's Common Stock, making it
more difficult to efficiently trade and potentially less attractive to
certain investors. Accordingly, the ICE Board approved pursuing a 5-
for-1 stock split by way of a stock dividend, pursuant to which the
holders of record of shares of Common Stock would receive, by way of a
dividend, four shares of Common Stock for each share of Common Stock
held by such holder (the ``Stock Dividend''). The ICE Board's approval
of the Stock Dividend was contingent upon Commission and ICE
stockholder approval of the proposed amendments to the ICE Certificate.
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    \5\ The closing price of ICE's Common Stock on July 29, 2016,
the trading date prior to the ICE Board vote to approve the
proposal, was $264.20. The price of ICE's Common Stock at its
initial public offering on November 16, 2005, was $26.00.
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    The number of shares of Common Stock proposed to be issued in the
Stock Dividend exceeds ICE's authorized but unissued shares of Common
Stock. The proposed rule change would increase ICE's authorized shares
of Common Stock and shares of capital stock sufficient to allow ICE to
effectuate the Stock Dividend.
    The proposed changes would not alter the limitations on voting and
ownership set forth in section V of the ICE Certificate. Such
limitations were introduced at the time of ICE's acquisition of the
Exchange, to ``minimize the potential that a person could improperly
interfere with or restrict the ability of the Commission, the Exchange,
or its subsidiaries to effectively carry out their regulatory oversight
responsibilities under the Act.'' \6\
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    \6\ See Securities Exchange Act Release No. 70210 (August 15,
2013), 78 FR 51758 (August 21, 2013) (SR-NYSE- 2013-42; SR-NYSEMKT-
2013-50; and SR-NYSEArca-2013-62), at 51760. ICE was previously
named IntercontinentalExchange Group, Inc. See Securities Exchange
Act Release No. 72157 (May 13, 2014), 79 FR 28794 (May 19, 2014)
(SR-NYSEArca-2014-52).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with section 6(b) of the Exchange Act,\7\ in general, and section
6(b)(1) of the Exchange Act,\8\ in particular, in that it enables the
Exchange to be so organized as to have the capacity to be able to carry
out the purposes of the Exchange Act and to comply, and to enforce
compliance by its exchange members and persons associated with its
exchange members, with the provisions of the Exchange Act, the rules
and regulations thereunder, and the rules of the Exchange.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(1).
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    The proposal to increase ICE's authorized shares of Common Stock
and shares of capital stock sufficient to allow ICE to effectuate the
Stock Dividend would not impact the Exchange's ability to be so
organized as to have the capacity to be able to carry out the purposes
of the Exchange Act. In particular, the proposed changes would not
alter the limitations on voting and ownership set forth in section V of
the ICE Certificate, and so the proposed changes would not enable a
person to ``improperly interfere with or restrict the ability of the
Commission, the Exchange, or its subsidiaries to effectively carry out
their regulatory oversight responsibilities under the Act.'' \9\
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    \9\ See Securities Exchange Act Release No. 70210, supra note 6,
at 51760.
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    For similar reasons, the proposal is consistent with section
6(b)(5) of the Exchange Act,\10\ because it would not impact the
Exchange's governance or regulatory structure, which would continue to
be designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to, and
perfect the mechanism of a free and open market and a national market
system and, in general, to protect investors and the public interest.
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    \10\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that approval of the proposal would remove
impediments to, and perfect the mechanism of a free and open market and
a national market system and, in general, protect investors and the
public interest, because by increasing ICE's authorized shares of
Common Stock and shares of capital stock sufficient to allow ICE to
effectuate the Stock Dividend, the proposed rule change will facilitate
broader ownership of ICE.
    The Exchange believes that amending Article V, section A.5, to
correct the reference to ``this Section A of ARTICLE VI'' to refer to
``this Section A of ARTICLE V'' would reduce potential confusion that
may result from having an incorrect reference in the ICE Certificate.
Replacing such incorrect reference would further the goal of
transparency and add clarity to the ICE Certificate.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Exchange Act. The proposed rule
change is not designed to address any competitive issue but rather is
concerned solely with the number of authorized shares of Common Stock
and shares of capital stock of the Exchange's ultimate parent.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    A. by order approve or disapprove such 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 email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2016-119 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2016-119. 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
the filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEArca-2016-119, and should be submitted on or before
September 20, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-20731 Filed 8-29-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Notices]
[Page 10143]
[FR Doc No: 2023-03312]

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DEPARTMENT OF HOMELAND SECURITY

[Docket ID FEMA-2014-0022]

Technical Mapping Advisory Council; Meeting

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of Federal Advisory Committee meeting.

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SUMMARY: The Federal Emergency Management Agency (FEMA) Technical
Mapping Advisory Council (TMAC) will hold an in-person public meeting
with a virtual option on Wednesday, March 1, 2023, and Thursday, March
2, 2023. The meeting will be open to the public in-person and via a
Microsoft Teams Video Communications link.

DATES: The TMAC will meet on Wednesday, March 1, 2023, and Thursday,
March 2, 2023, from 8 a.m. to 5 p.m. Eastern Time (ET). Please note
that the meeting will close early if the TMAC has completed its
business.

ADDRESSES: The meeting will be held in-person at FEMA Conference Center
at 400 C St. SW Washington, DC 20472, and virtually using the following
Microsoft Teams Video Communications link (Wednesday Link: https://bit.ly/3jeBjCN; Thursday Link: https://bit.ly/3DufWE6). Members of the
public who wish to attend the in-person or virtual meeting must
register in advance by sending an email to [email protected]
(Attn: Brian Koper) by 5 p.m. ET on Monday, February 27, 2023.
    To facilitate public participation, members of the public are
invited to provide written comments on the issues to be considered by
the TMAC, as listed in the SUPPLEMENTARY INFORMATION caption below.
Associated meeting materials will be available upon request after
Thursday, February 23, 2023. The draft 2022 TMAC Annual Report will be
available for review after Thursday, February 23, 2023. To receive a
copy of any relevant materials, please send the request to: [email protected] (Attn: Brian Koper). Written comments to be
considered by the committee at the time of the meeting must be
submitted and received by Friday, February 24, 2023, 5 p.m. ET
identified by Docket ID FEMA-2014-0022, and submitted by one of the
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Email: Address the email TO: [email protected].
Include the docket number in the subject line of the message. Include
name and contact information in the body of the email.
     Instructions: All submissions received must include the
words ``Federal Emergency Management Agency'' and the docket number for
this action. Comments received will be posted without alteration at
http://www.regulations.gov, including any personal information
provided. You may wish to review the Privacy & Security Notice via a
link on the homepage of www.regulations.gov.
     Docket: For docket access to read background documents or
comments received by the TMAC, go to http://www.regulations.gov and
search for the Docket ID FEMA-2014-0022.
    A public comment period will be held on Wednesday, March 1, 2023,
from 2:30 p.m. to 3 p.m. ET and Thursday, March 2, 2023, from 1:30 p.m.
to 2 p.m. ET. The public comment period will not exceed 30 minutes.
Please note that the public comment period may end before the time
indicated, following the last call for comments. Contact the individual
listed below to register as a speaker by Friday, February 24, 2023, 5
p.m. ET. Please be prepared to submit a written version of your public
comment.
    FEMA is committed to ensuring all participants have equal access
regardless of disability status. If you require a reasonable
accommodation due to a disability to fully participate, please contact
the individual listed in the FOR FURTHER INFORMATION CONTACT caption as
soon as possible.

FOR FURTHER INFORMATION CONTACT: Brian Koper, Designated Federal
Officer for the TMAC, FEMA, 400 C Street SW, Washington, DC 20472,
telephone<PHONE_NUMBER>, and email [email protected]. The TMAC
website is: https://www.fema.gov/flood-maps/guidance-partners/technical-mapping-advisory-council

SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act, Public Law 117-286, 5 U.S.C. ch. 10.
    In accordance with the Biggert-Waters Flood Insurance Reform Act of
2012, the TMAC makes recommendations to the FEMA Administrator on: (1)
how to improve, in a cost-effective manner, the (a) accuracy, general
quality, ease of use, and distribution and dissemination of flood
insurance rate maps and risk data; and (b) performance metrics and
milestones required to effectively and efficiently map flood risk areas
in the United States; (2) mapping standards and guidelines for (a)
flood insurance rate maps, and (b) data accuracy, data quality, data
currency, and data eligibility; (3) how to maintain, on an ongoing
basis, flood insurance rate maps and flood risk identification; (4)
procedures for delegating mapping activities to State and local mapping
partners; and (5) (a) methods for improving interagency and
intergovernmental coordination on flood mapping and flood risk
determination, and (b) a funding strategy to leverage and coordinate
budgets and expenditures across Federal agencies. Furthermore, the TMAC
is required to submit an annual report to the FEMA Administrator that
contains: (1) a description of the activities of the Council; (2) an
evaluation of the status and performance of flood insurance rate maps
and mapping activities to revise and update Flood Insurance Rate Maps;
and (3) a summary of recommendations made by the Council to the FEMA
Administrator.
    Agenda: The purpose of this meeting is for the TMAC members to
discuss and vote on the content of the 2023 TMAC Annual Report. Any
related materials will be available upon request prior to the meeting
to provide the public an opportunity to review the materials. The full
agenda and related meeting materials will be available upon request by
Thursday, February 23, 2023. To receive a copy of any relevant
materials, please send the request to: [email protected] (Attn:
Brian Koper).

Michael M. Grimm,
Assistant Administrator for Risk Management, Federal Emergency
Management Agency.
[FR Doc. 2023-03312 Filed 2-15-23; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 85, Number 120 (Monday, June 22, 2020)]
[Notices]
[Pages 37496-37497]
[FR Doc No: 2020-13357]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2016-0136]

Pipeline Safety: Meeting of the Gas and Liquid Pipeline Safety
Advisory Committees

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

ACTION: Notice of advisory committee meetings.

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SUMMARY: This notice announces public teleconference meeting of the
Technical Pipeline Safety Standards Committee, also known as the Gas
Pipeline Advisory Committee (GPAC), and the Technical Hazardous Liquid
Pipeline Safety Standards Committee, also known as the Liquid Pipeline
Advisory Committee (LPAC), to discuss the Valve Installation and
Minimum Rupture Detection Standards notice of proposed rulemaking
(NPRM).

DATES: PHMSA will hold public meetings on July 22-23, 2020. GPAC will
meet from 10:30 a.m. to 6:00 p.m. ET on Wednesday, July 22, 2020, while
LPAC will meet from 10:30 a.m. to 6:00 p.m. ET on Thursday, July 23,
2020. Members of the public who want to attend are asked to register no
later than July 15, 2020. PHMSA requests that individuals who require
disability accommodations to notify Tewabe Asebe by July 15, 2020.

ADDRESSES: The meetings will be held via teleconference. The agenda and
any additional information, including information how to participate in
the teleconference will be published on the meeting website at https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=149. Presentations will
be available on the meeting website and on the E-Gov website, https://www.regulations.gov/, under docket number PHMSA-2016-0136 no later than
30 days following the meetings. You may submit comments, identified by
Docket No. PHMSA-2016-0136, by any of the following methods:
     E-Gov Web: https://www.regulations.gov. This site allows

the public to enter comments on any Federal Register notice issued by
any agency. Follow the online instructions for submitting comments.
     Fax: 1<PHONE_NUMBER>.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building: Room W12-140,
Washington, DC 20590-0001.
     Hand Delivery: U.S. Department of Transportation, 1200 New
Jersey Avenue SE, West Building: Room W12-140, Washington, DC 20590-
0001, between 9:00 a.m. and 5:00 p.m. ET Monday through Friday, except
federal holidays.
     Instructions: Identify Docket No. PHMSA-2016-0136 at the
beginning of your comments. If you submit your comments by mail, submit
two copies. Internet users may submit comments at https://www.regulations.gov. If you would like confirmation that PHMSA received
your comments, please include a self-addressed stamped postcard that is
labeled ``Comments on PHMSA-2016-0136.'' The docket clerk will date
stamp the postcard prior to returning it to you via the U.S. mail.
     Note: All comments received will be posted without edits
to https://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading for more information.
Anyone can use the site to search all comments by the name of the
submitting individual or, if the comment was submitted on behalf of an
association, business, labor union, etc., the name of the signing
individual. Therefore, please review the complete U.S. Department of
Transportation Privacy Act Statement in the Federal Register (65 FR
19477) or the Privacy Notice at https://www.regulations.gov before
submitting comments.
     Privacy Act Statement: In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public to better inform its rulemaking
process. The DOT posts these comments without edit, including any
personal information the commenter provides, to https://www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.dot.gov/privacy.
     Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments in response to this notice contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this notice, it is important that you clearly designate
the submitted comments as CBI. Pursuant to 49 CFR 190.343, you may ask
PHMSA to provide confidential treatment to information you give to the
agency by taking the following steps: (1) Mark each page of the
original document submission containing CBI as ``Confidential;'' (2)
send PHMSA a copy of the original document with the CBI deleted along
with the original, unaltered document; and (3) explain why the
information you are submitting is CBI. Unless you are notified
otherwise, PHMSA will treat such marked submissions as confidential
under the Freedom of Information Act and they will not be placed in the
public docket of this notice. Submissions containing CBI should be sent
to Tewabe Asebe, DOT, PHMSA, 1200 New Jersey Avenue SE, PHP-30,
Washington, DC 20590-0001. Any commentary PHMSA receives that is not
specifically designated as CBI will be placed in the public docket.
     Docket: For access to the docket or to read background
documents or comments, go to https://www.regulations.gov. Follow the
online instructions for accessing the dockets. Alternatively, this
information is available by visiting DOT at 1200 New Jersey Avenue SE,
West Building: Room W12-140, Washington, DC 20590-0001, between 9:00
a.m. and 5:00 p.m. ET Monday through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT: Tewabe Asebe, Transportation
Specialist, Office of Pipeline Safety, by phone at<PHONE_NUMBER> or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Meeting Agenda

    GPAC and LPAC will meet in separate sessions to discuss the Valve
Installation and Minimum Rupture Detection Standards NPRM that PHMSA
published in the Federal Register on February 6, 2020, (85 FR 7162).
GPAC and LPAC will review the NPRM and its associated regulatory
analysis. PHMSA will post additional details on the meeting website in
advance of the meetings.
    PHMSA proposed to revise the Pipeline Safety Regulations applicable
to newly constructed and entirely replaced onshore natural gas
transmission and hazardous liquid pipelines to mitigate ruptures.
Additionally, PHMSA is revising the regulations regarding rupture
detection to shorten pipeline segment isolation times. These proposals
address congressional mandates, incorporate recommendations from the
National Transportation Safety Board, and are necessary to reduce the
consequences of large-volume, uncontrolled releases of natural gas and
hazardous liquid pipeline ruptures.

II. Background

    GPAC and LPAC are statutorily mandated advisory committees that
provide PHMSA and the Secretary of Transportation with recommendations
on proposed standards for the transportation of natural gas or
hazardous liquids by pipeline. These committees were established in
accordance with 49 U.S.C. 60115 and the Federal Advisory Committee Act,
as amended (5 U.S.C. App. 2), to review PHMSA's regulatory initiatives
and determine their technical feasibility, reasonableness, cost-
effectiveness, and practicability. Each committee consists of 15
members, with membership evenly divided among Federal and state
governments, regulated industry, and the general public.

III. Public Participation

    These meetings will be open to the public. Members of the public
who wish to virtually attend must register on the meeting website and
include their names and affiliations. PHMSA will provide members of the
public with opportunities to make a statement during the course of
these meetings. Additionally, PHMSA will record the meetings and post a
record to the public docket. PHMSA is committed to providing all
participants with equal access to these meetings. If you need
disability accommodations, please contact Tewabe Asebe by phone at
(202) 366-5523 or by email at<EMAIL_ADDRESS>    PHMSA is not always able to publish a notice in the Federal
Register quickly enough to provide timely notice regarding last-minute
issues that impact a previously announced advisory committee meeting.
Therefore, individuals should check the meeting website or contact
Tewabe Asebe regarding any possible changes.

    Issued in Washington, DC, on June 15, 2020, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2020-13357 Filed 6-19-20; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register: September 14, 2009 (Volume 74, Number 176)]
[Rules and Regulations]
[Page 46890-46892]
[DOCID:fr14se09-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0604; Airspace Docket No. 09-ASO-18]

Establishment of Class E Airspace; Tompkinsville, KY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action establishes Class E Airspace at Tompkinsville, KY.
Airspace is needed to support new Area Navigation (RNAV) Global
Positioning System (GPS) Standard Instrument Approach Procedures
(SIAPs) that have been developed for Tompkinsville-Monroe County
Airport. As a result, controlled airspace extending upward from 700
feet Above Ground Level (AGL) is needed to contain the SIAP and for
Instrument Flight Rule (IFR) operations at the airport. The operating
status of the airport will change from Visual Flight Rules (VFR) to
include IFR operations concurrent with the publication of the SIAP.
This action enhances the safety and airspace management of
Tompkinsville-Monroe County Airport, Tompkinsville, KY.

DATES: Effective 0901 UTC, December 17, 2009. The Director of the
Federal Register approves this incorporation by reference action under
Title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.
Comments for inclusion in the Rules Docket must be received on or
before October 29, 2009.

ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Ave., SE., Washington, DC 20590-0001;
Telephone: 1-800-647-5527; Fax:<PHONE_NUMBER>. You must identify the
Docket Number FAA-2009-0604; Airspace Docket No. 09-ASO-18, at the
beginning of your comments. You may also submit and review received
comments through the Internet at http://www.regulations.gov.

    You may review the public docket containing the rule, any comments
received, and any final disposition in person in the Dockets Office
(see ADDRESSES section for address and phone number) between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. An informal
docket may also be examined during normal business hours at the office
of the Eastern Service Center, Federal Aviation Administration, Room
210, 1701 Columbia Avenue, College Park, Georgia 30337.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse
or negative comments, and, therefore, issues it as a direct final rule.
The FAA has determined that this rule only involves an established body
of technical regulations for which frequent and routine amendments are
necessary to keep them operationally current. Unless a written adverse
or negative comment or a written notice of intent to submit an adverse
or negative comment is received within the comment period, the
regulation will become effective on the date specified above. After the
close of the comment period, the FAA will publish a document in the
Federal Register indicating that no adverse or negative comments were
received and confirming the effective date. If the FAA receives, within
the comment period, an adverse or negative comment, or written notice
of intent to submit such a comment, a document withdrawing the direct
final rule will be published in the Federal Register, and a notice of
proposed rulemaking may be published with a new comment period.

Comments Invited

    Although this action is in the form of a direct final rule, and was
not preceded by a notice of proposed rulemaking, interested persons are
invited to comment on this rule by submitting such written data, views,
or arguments as they may desire. An electronic copy of this document
may be downloaded from and comments may be submitted and reviewed at
http://www.regulations.gov. Recently published rulemaking documents can
also be accessed through the FAA's Web page at http://www.faa.gov/
airports_airtraffic/air_traffic/publications/airspace_amendments.
Communications should identify both docket numbers and be submitted in
triplicate to the address specified under the caption ADDRESSES above
or through the Web site. All communications received on or before the
closing date for comments will be considered, and this rule may be
amended or withdrawn in light of the comments received.
    Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. Factual information that supports
the commenter's idea and suggestions is extremely helpful in evaluating
the effectiveness of this action and determining whether additional
rulemaking action would be needed. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. Those wishing the
FAA to acknowledge receipt of their comments submitted in response to
this rule must submit a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2009-0604;
Airspace Docket No. 09-ASO-18.'' The postcard will be date stamped and
returned to the commenter.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E airspace at Tompkinsville, KY, to provide
controlled airspace required to support the Approach Procedures (SIAPs)
that have been developed for Tompkinsville-Monroe County Airport.
Designations for Class E airspace areas extending upward from 700 feet
or more above the surface of the Earth are published in FAA Order
7400.9S, dated October 3, 2008, and effective October 31, 2008, which
is incorporated by reference in 14 CFR part 71.1. The Class E
designations listed in this document will be published subsequently in
the Order.

Agency Findings

    The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among various levels of government. Therefore, it is
determined that this direct final rule does not have federalism
implications under Executive Order 13132.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part, A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes Class E airspace at Tompkinsville, KY.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

0
1. The authority citation for Part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9S, Airspace Designations and Reporting
Points, signed October 3, 2008, effective October 31, 2008, is amended
as follows:

Paragraph 6005 Class E airspace areas extending upward from 700 feet
or more above the surface of the earth.
* * * * *

ASO KY E5 Tompkinsville, KY [NEW]

Tompkinsville-Monroe County Airport, KY
    (Lat. 36[deg]43'45'' N., long. 85[deg]39'09'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of the Tompkinsville-Monroe County Airport.
* * * * *

    Issued in College Park, Georgia, on August 17, 2009.
Barry A. Knight,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. E9-21833 Filed 9-11-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: December 19, 2007 (Volume 72, Number 243)]
[Rules and Regulations]
[Page 71761-71762]
[DOCID:fr19de07-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2007-0243; Airspace Docket No. 07-ANE-93]

Establishment of Class E Airspace; Farmington, ME

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION:  Direct final rule, request for comments.

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

SUMMARY: This action establishes additional Class E Airspace at
Farmington, ME. The existing controlled airspace does not adequately
support a new Area Navigation (RNAV) Global Positioning System (GPS)
Special Instrument Approach Procedure (IAP) that has been developed for
medical flight operations. This action enhances the safety and
management of Instrument Flight Rule (IFR) operations by providing the
required controlled airspace to protect for this approach around
Franklin Memorial Hospital

DATES: Effective 0901 UTC, February 14, 2008. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.
Comments for inclusion in the Rules Docket must be received February 4,
2008.

ADDRESSES: Send comments on this rule to: Docket Management Facility,
U.S. Department of Transportation, 1200 New Jersey, SE., West Building,
Ground Floor, Room W12-140, Washington, DC 20590-0001; Telephone: 1-
800-647-5527; Fax:<PHONE_NUMBER>. You must identify the Docket Number
FAA-2007-0243; Airspace Docket No. 07-ANE-93, at the beginning of your
comments. You may also submit and review received comments through the
Internet at http://www.regulations.gov.

    You may review the public docket containing the rule, any comments
received, and any final disposition in person in the Dockets Office
(see ADDRESSES section for address and phone number) between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays. An informal
docket may also be examined during normal business hours at the office
of the Eastern Service Center, Federal Aviation Administration, Room
210, 1701 Columbia Avenue, College Park, Georgia 30337.

FOR FURTHER INFORMATION CONTACT: Daryl Daniels, System Support Group,
Eastern Service Center, Federal Aviation Administration, P.O. Box
20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse
or negative comments, and, therefore, issues it as a direct final rule.
The FAA has determined that this rule only involves an established body
of technical regulations for which frequent and routine amendments are
necessary to keep them operationally current. Unless a written adverse
or negative comment or a written notice of intent to submit an adverse
or negative comment is received within the comment period, the
regulation will become effective on the date specified above. After the
close of the comment period, the FAA will publish a document in the
Federal Register indicating that no adverse or negative comments were
received and confirming the effective date. If the FAA receives, within
the comment period, an adverse or negative comment, or written notice
of intent to submit such a comment, a document withdrawing the direct
final rule will be published in the Federal Register, and a notice of
proposed rulemaking may be published with a new comment period.

Comments Invited

    Although this action is in the form of a direct final rule, and was
not preceded by a notice of proposed rulemaking, interested persons are
invited to comment on this rule by submitting such written data, views,
or arguments as they may desire. The direct final rule is used in this
case to facilitate the timing of the charting schedule and enhance the
operation at the airport, while still allowing and requesting public
comment on this rulemaking action. An electronic copy of this document
may be downloaded from http://www.regulations.gov. Communications

should identify both docket numbers and be submitted in

triplicate to the address specified under the caption ADDRESSES above
or through the Web site. All communications received on or before the
closing date for comments will be considered, and this rule may be
amended or withdrawn in light of the comments received. Recently
published rulemaking documents can also be accessed through the FAA's
Web page at http://www.faa.gov or the Federal Register's Web page at

http://www.gpoaccess.gov/fr/index.html.

    Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. Factual information that supports
the commenter's ideas and suggestions is extremely helpful in
evaluating the effectiveness of this action and determining whether
additional rulemaking action would be needed. All comments submitted
will be available, both before and after the closing date for comments,
in the Rules Docket for examination by interested persons. Those
wishing the FAA to acknowledge receipt of their comments submitted in
response to this rule must submit a self-addressed, stamped postcard on
which the following statement is made: ``Comments to Docket No. FAA-
2007-0243; Airspace Docket No. 07-ANE-93.'' The postcard will be date
stamped and returned to the commenter.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E Airspace at Farmington, ME providing the
controlled airspace required to support the new Copter RNAV (GPS) 288
Point in Space (PinS) approach developed to allow helicopter departure
and arrival operations in support of the Franklin Memorial Hospital.
Although Class E airspace exists near the area, it is insufficient for
the protection for this approach that will serve medical flights.
Controlled airspace extending upward from 700 feet Above Ground Level
(AGL) is required to encompass all instrument approach procedures
(IAPs) to the extent practical and for general instrument flight rules
(IFR) operations, therefore, the FAA is amending Title 14, Code of
Federal Regulations (14 CFR) part 71 to establish Class E5 airspace at
Farmington, ME. Designations for Class E airspace areas extending
upward from 700 feet or more above the surface of the Earth are
published in FAA Order 7400.9R, signed August 15, 2007 and effective
September 15, 2007, which is incorporated by reference in 14 CFR part
71.1. The Class E designations listed in this document will be
published subsequently in the Order.

Agency Findings

    The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among various levels of government. Therefore, it is
determined that this final rule does not have federalism implications
under Executive Order 13132.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue regarding aviation safety is found in
Title 49 of the United States Code. 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.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes controlled airspace near the Franklin Memorial
Hospital in Farmington, ME.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.   71.1 [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9R, Airspace Designations and Reporting
Points, signed August 15, 2007, effective September 15, 2007, is
amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward from 700 feet
or More Above the Surface of the Earth.
* * * * *

ANE ME E5 Farmington, ME [NEW]

Franklin Memorial Hospital Heliport
    (Lat. 44[deg]37'36'' N., long. 70[deg]09'44'' W.)
Point in Space Coordinates
    (Lat. 44[deg]38'11'' N., long. 70[deg]09'02'' W.)

    That airspace extending upward from 700 feet above the surface
of the Earth within a 6-mile radius of the point in space
coordinates (lat. 44[deg]38'11'' N., long. 70[deg]09'02'' W.)
serving the Franklin Memorial Hospital Heliport.

* * * * *

    Issued in College Park, Georgia, on December 10, 2007.
Barry A. Knight,
Acting Manager, System Support Group, Eastern Service Center.
[FR Doc. 07-6070 Filed 12-18-07; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register: July 6, 2010 (Volume 75, Number 128)]
[Notices]
[Page 38824]
[DOCID:fr06jy10-88]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1900-DR; Docket ID FEMA-2010-0002]

Minnesota; Amendment No. 4 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Minnesota (FEMA-1900-DR), dated April 19, 2010, and
related determinations.

DATES: Effective Date: June 29, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Minnesota is hereby amended to include the following
area among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of April 19, 2010.

    Nicollet County for Public Assistance.

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; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-16245 Filed 7-2-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: January 31, 2007 (Volume 72, Number 20)]
[Notices]
[Page 4505-4506]
[DOCID:fr31ja07-50]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2004-0372; FRL-8112-7]

Fluometuron Reregistration Eligibility Decision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the availability of EPA's Reregistration
Eligibility Decision (RED) for the pesticide fluometuron. The Agency's
risk assessments and other related documents also are available in the
fluometuron Docket. Fluometuron is a phenylurea herbicide that is used
only on cotton. EPA has reviewed fluometuron through the public
participation process that the Agency uses to involve the public in
developing pesticide reregistration and tolerance reassessment
decisions. Through these programs, EPA is ensuring that all pesticides
meet current health and safety standards.

FOR FURTHER INFORMATION CONTACT: Kylie Rothwell, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax number:
703-308-8005; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2004-0372. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard

copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Building), 2777 S.
Crystal Drive Arlington, VA. The hours of operation of this Docket
Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding
legal holidays. The Docket telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. Background

A. What Action is the Agency Taking?

    Under section 4 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to
ensure that they meet current scientific and regulatory standards. EPA
has completed a Reregistration Eligibility Decision (RED) for the
pesticide, fluometuron under section 4(g)(2)(A) of FIFRA. Fluometuron
is a phenylurea herbicide that is used only on cotton. EPA has
determined that the data base to support reregistration is
substantially complete and that products containing fluometuron are
eligible for reregistration provided the risks are mitigated either in
the manner described in the RED or by another means that achieves
equivalent risk reduction. Upon submission of any required product
specific data under section 4(g)(2)(B) and any necessary changes to the
registration and labeling (either to address concerns identified in the
RED or as a result of product specific data), EPA will make a final
reregistration decision under section 4(g)(2)(C) for products
containing fluometuron.
    EPA was required to review tolerances and tolerance exemptions that
were in effect when the Food Quality Protection Act (FQPA) was enacted
in August 1996, to ensure that these existing pesticide residue limits
for food and feed commodities meet the safety standard established by
the new law. Tolerances are considered reassessed once the safety
finding has been made or a revocation occurs. EPA has reviewed and made
the requisite safety finding for the fluometuron tolerances included in
this notice.
    Although the fluometuron RED was signed on September 28, 2005,
certain components of the document, which did not affect the final
regulatory decision, were undergoing final editing at that time. These
components, including the list of additional generic data

requirements, summary of labeling changes, appendices, and other
relevant information, have been added to the fluometuron RED document.
In addition, subsequent to signature, EPA identified several minor
errors and ambiguities in the document. Therefore, for the sake of
accuracy, the Agency also has included the appropriate error
corrections, amendments, and clarifications. None of these additions or
changes alter the conclusions documented in the September 28, 2005,
fluometuron RED.
    EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register on May 14,
2004, (69 FR 26819)(FRL-7357-9) explains that in conducting these
programs, EPA is tailoring its public participation process to be
commensurate with the level of risk, extent of use, complexity of
issues, and degree of public concern associated with each pesticide.
Due to its uses, risks, and other factors, fluometuron was reviewed
through the modified 4-Phase public participation process. Through this
process, EPA worked extensively with stakeholders and the public to
reach the regulatory decisions for fluometuron.
    The reregistration program is being conducted under Congressionally
mandated time frames, and EPA recognizes the need both to make timely
decisions and to involve the public. Opportunities for public comment
were offered at the initial docket opening in April 2005 and as this
decision was being developed. Further, issues related to fluometuron
were resolved through consultations with stakeholders. The Agency
therefore is issuing the fluometuron RED without a comment period.

B. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of FIFRA as amended, directs that, after submission
of all data concerning a pesticide active ingredient, ``the
Administrator shall determine whether pesticides containing such active
ingredient are eligible for reregistration,'' before calling in product
specific data on individual end-use products and either reregistering
products or taking other ``appropriate regulatory action.''
    Section 408(q) of the Federal Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a(q), required EPA to review tolerances and exemptions for
pesticide residues in effect as of August 2, 1996, to determine whether
the tolerance or exemption met the requirements of section 408(b)(2) or
(c)(2) of FFDCA.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: January 24, 2007.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E7-1517 Filed 1-30-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 77, Number 45 (Wednesday, March 7, 2012)]
[Notices]
[Pages 13586-13587]
[FR Doc No: 2012-5479]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG12-35-000.
    Applicants: Stephentown Spindle, LLC.
    Description: Notice of Self-Certification as an Exempt Wholesale
Generator of Stephentown Spindle, LLC.
    Filed Date: 2/29/12.
    Accession Number: 20120229-5099.
    Comments Due: 5 p.m. ET 3/21/12.

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

    Docket Numbers: ER10-2025-001; ER11-4655-001.
    Applicants: Louis Dreyfus Energy Services L.P., Rensselaer
Cogeneration LLC.
    Description: Notice of Change in Status of Louis Dreyfus Energy
Services L.P., et al.
    Filed Date: 2/29/12
    Accession Number: 20120229-5126.
    Comments Due: 5 p.m. ET 3/21/12.

    Docket Numbers: ER10-2776-003.
    Applicants: Wells Fargo Commodities, LLC.
    Description: Notice of Non-Material Change in Status of Wells Fargo
Commodities, LLC.
    Filed Date: 2/29/12.
    Accession Number: 20120229-5079.
    Comments Due: 5 p.m. ET 3/21/12.

    Docket Numbers: ER12-458-003.
    Applicants: Quantum Choctaw Power, LLC.
    Description: Quantum Choctaw Power Compliance Filing--Clone--Clone
to be effective 2/14/2012.
    Filed Date: 2/29/12
    Accession Number: 20120229-5073.
    Comments Due: 5 p.m. ET 3/21/12.

    Docket Numbers: ER12-513-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance Filing per 1/30/2012 Order in ER12-513 to
be effective 1/31/2012 to be effective 1/31/2012.
    Filed Date: 2/28/12.
    Accession Number: 20120228-5145.
    Comments Due: 5 p.m. ET 3/20/12.

    Docket Numbers: ER12-513-002.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance Filing per 1/30/2012 Order in ER12-513 to
be effective 6/30/2012 to be effective 6/30/2012.
    Filed Date: 2/28/12.
    Accession Number: 20120228-5171.
    Comments Due: 5 p.m. ET 3/20/12.

    Docket Numbers: ER12-1085-001.
    Applicants: Florida Power & Light Company.
    Description: FPL Amendment to Schedule 10 re Offer of Settlement
and Agreement to be effective 10/1/2011.
    Filed Date: 2/21/12.
    Accession Number: 20120221-5274.
    Comments Due: 5 p.m. ET 3/13/12.

    Docket Numbers: ER12-1174-000.
    Applicants: Cross Border Energy LLC.
    Description: Baseline Tariff to be effective 11/21/2009.
    Filed Date: 2/29/12.
    Accession Number: 20120229-5080.
    Comments Due: 5 p.m. ET 3/21/12.

    Docket Numbers: ER12-1175-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Request for Waiver of Midwest Independent Transmission
System Operator, Inc.
    Filed Date: 2/23/12.
    Accession Number: 20120223-5120.
    Comments Due: 5 p.m. ET 3/15/12.

    Take notice that the Commission received the following electric
securities filings:
    Docket Numbers: ES12-24-000
    Applicants: AEP Appalachian Transmission Company, Inc., AEP Indiana
Michigan Transmission Company, Inc., AEP Kentucky Transmission Company,
Inc., AEP Oklahoma Transmission Company, Inc., AEP Southwestern
Transmission Company, Inc., AEP West Virginia 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: 2/28/12.
    Accession Number: 20120228-5199.
    Comments Due: 5 p.m. ET 3/20/12.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 29, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-5479 Filed 3-6-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 100 (Friday, May 22, 2020)]
[Notices]
[Pages 31235-31239]
[FR Doc No: 2020-11122]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88906; File No. SR-OCC-2020-803]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing of Advance Notice Concerning Changes to The Options
Clearing Corporation's Non-Bank Liquidity Facility Program as Part of
Its Overall Liquidity Plan

May 19, 2020.
    Pursuant to Section 806(e)(1) of Title VIII of the Dodd-Frank Wall
Street Reform and Consumer Protection Act, entitled Payment, Clearing
and Settlement Supervision Act of 2010 (``Clearing Supervision Act'')
\1\ and Rule 19b-4(n)(1)(i) \2\ under the Securities Exchange Act of
1934 (``Exchange Act''),\3\ notice is hereby given that on April 15,
2020, the Options Clearing Corporation (``OCC'') filed with the
Securities and Exchange Commission (``Commission'') an advance notice
as described in Items I, II and III below, which Items have been
prepared by OCC. The Commission is publishing this notice to solicit
comments on the advance notice from interested persons.
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    \1\ 12 U.S.C. 5465(e)(1).
    \2\ 17 CFR 240.19b-4(n)(1)(i).
    \3\ 15 U.S.C. 78a et seq.
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I. Clearing Agency's Statement of the Terms of Substance of the Advance
Notice

    This advance notice is filed by The Options Clearing Corporation
(``OCC'') in connection with a proposed change to its operations to:
(i) Set the aggregate commitment amount that it may seek under its
program for accessing additional committed sources of liquidity that do
not increase the concentration of OCC's counterparty exposure (``Non-
Bank Liquidity Facility'') as part of OCC's overall liquidity plan and
(ii) allow more flexibility for OCC to negotiate the Non-Bank Liquidity
Facility's commitment term. All terms with initial capitalization that
are not otherwise defined herein have the same meaning as set forth in
the OCC By-Laws and Rules.\4\
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    \4\ OCC's By-Laws and Rules can be found on OCC's public
website: http://optionsclearing.com/about/publications/bylaws.jsp.
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II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Advance Notice

    In its filing with the Commission, OCC included statements
concerning the purpose of and basis for the advance notice and
discussed any comments it received on the advance notice. 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 and B below,
of the most significant aspects of these statements.

(A) Clearing Agency's Statement on Comments on the Advance Notice
Received From Members, Participants or Others

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

(B) Advance Notices Filed Pursuant to Section 806(e) of the Payment,
Clearing, and Settlement Supervision Act

Description of Change
    This advance notice concerns a change to OCC's operations to: (i)
Set the aggregate commitment amount that it may seek under the Non-Bank
Liquidity Facility to up to $1 billion as part of OCC's overall
liquidity plan and (ii) allow more flexibility for OCC to negotiate the
Non-Bank Liquidity Facility's commitment term.
Background
    OCC's current liquidity plan provides it with access to a diverse
set of funding sources, including banks (i.e., OCC's syndicated credit
facility \5\ and a master repurchase agreement with a bank counterparty
(``Repo Liquidity Facility'') \6\), the Non-Bank Liquidity Facility
program,\7\ and Clearing Members' Cash Clearing Fund Requirement.\8\
The Non-Bank Liquidity Facility program reduces the concentration of
OCC's counterparty exposure with respect to its overall liquidity plan
by diversifying its lender base among banks and non-bank, non-Clearing
Member institutional investors, such as pension funds or insurance
companies.
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    \5\ See Exchange Act Release No. 85924 (May 23, 2019), 84 FR
25089 (May 30, 2019) (SR-OCC-2019-803).
    \6\ See Exchange Act Release No. 88317 (March 4, 2020), 85 FR
13681 (March 9, 2020) (SR-OCC-2020-801).
    \7\ See Exchange Act Release No. 73979 (Jan. 2, 2015), 80 FR
1062 (Jan. 8, 2015) (SR-OCC-2014-809) (``Notice of No Objection to
2014 Advance Notice''); Exchange Act Release No. 76821 (Jan. 4,
2016), 81 FR 3208 (Jan. 20, 2016) (SR-2015-805) (``Notice of No
Objection to 2015 Advance Notice'').
    \8\ See OCC Rule 1002.
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    The currently approved Non-Bank Liquidity Facility program is
comprised of two parts: A Master Repurchase Agreement (``MRA'') and
confirmations with one or more institutional investors, which contain
certain individualized terms and conditions of transactions executed
between OCC, the institutional investors and their agents. The MRA is
structured like a typical repurchase arrangement in which the buyer
(i.e., the institutional investor) would purchase from OCC, from time
to time, United States government securities (``Eligible
Securities'').\9\ OCC, as the seller, would transfer Eligible
Securities to the buyer in exchange for a payment by the buyer to OCC
in immediately available funds (``Purchase Price''). The buyer would

simultaneously agree to transfer the purchased securities back to OCC
at a specified later date (``Repurchase Date'') or on OCC's demand
against the transfer of funds by OCC to the buyer in an amount equal to
the outstanding Purchase Price plus the accrued and unpaid price
differential (together, ``Repurchase Price''), which is the interest
component of the Repurchase Price.
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    \9\ OCC would use U.S. government securities that are included
in Clearing Fund contributions by Clearing Members and margin
deposits of any Clearing Member that has been suspended by OCC for
the repurchase arrangements. OCC Rule 1006(f) and OCC Rule 1104(b)
authorize OCC to obtain funds from third parties through securities
repurchases using these sources. The officers who may exercise this
authority include the Executive Chairman, Chief Executive Officer,
and Chief Operating Officer.
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    The confirmations establish tailored provisions of repurchase
transactions permitted under the Non-Bank Liquidity Facility that are
designed to reduce concentration risk and to promote certainty of
funding and operational effectiveness based on the specific needs of a
party. For example, OCC would only enter into confirmations with an
institutional investor that is not a Clearing Member or affiliated
bank, such as pension funds or insurance companies, in order to allow
OCC to access stable and reliable sources of funding without increasing
the concentration of its exposure to counterparties that are affiliated
banks, broker/dealers, or futures commission merchants. In addition,
any such institutional investor is obligated to enter repurchase
transactions even if OCC experiences a material adverse change,\10\
funds must be made available to OCC within 60 minutes of OCC's
delivering eligible securities, and the institutional investor is not
permitted to rehypothecate purchased securities.\11\ Additionally, the
confirmations set forth the term and maximum dollar amounts of the
transaction permitted under the MRA.\12\
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    \10\ When included in a contract, a ``material adverse change''
is typically defined as a change that would have a materially
adverse effect on the business or financial condition of a company.
    \11\ See Notice of No Objection to 2014 Advance Notice, 80 FR at
1064.
    \12\ Because the arrangements between OCC and the individual
buyers have not been fully negotiated, OCC has summarized the
indicative terms in Exhibit 3a to File No. SR-OCC-2020-803. Exhibit
3a shows the terms indicated in prior advance notices, as modified
by the proposed changes in this advance notice. The exhibit is a
non-public document for which OCC has submitted a request for
confidential treatment to the Commission.
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    In 2019, the Non-Bank Liquidity Facility counterparty decided not
to renew its commitments, and two confirmations totaling $1 billion
(``Prior Confirmations'') expired on January 2, 2020 and January 6,
2020. In anticipation of the expiration of the Prior Confirmations and
to prevent a drop in OCC's overall liquidity resources, OCC (i)
exercised an accordion feature under its syndicated credit facility to
increase the amount from $2 billion to $2.5 billion, and (ii) exercised
authority under OCC Rule 1002 to temporarily increase the size of the
Cash Clearing Fund Requirement from $3 billion to $3.5 billion.\13\
After obtaining regulatory approval, OCC also executed the Repo
Liquidity Facility with a bank counterparty for $500 million.\14\
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    \13\ After reviewing that temporary increase in accordance with
Rule 1002, the Risk Committee determined to maintain the increase,
which was already contemplated as part of a proposed rule change
that OCC has since filed with the Commission. See File No. SR-OCC-
2020-003. The proposed rule change would, among other things, modify
Rule 1002 to allow OCC to periodically set the Clearing Fund Cash
Requirement based on an analysis of OCC's projected liquidity
demands under a variety of stressed scenarios. Subject to regulatory
approval of that filing, the Risk Committee would initially reset
the Clearing Fund Cash Requirement to $3.5 billion based on an
analysis of stress test results demonstrating that this amount, in
combination with OCC's current and anticipated committed liquidity
facilities--a $2 billion syndicated credit facility and $1 billion
in other committed liquidity facilities (i.e., the Repo Liquidity
Facility and/or the Non-Bank Liquidity Facility)--would be
sufficient to cover OCC's liquidity risk tolerance of 1-in-50 year
statistical market event at a 99.5% level over a two-year look back
period.
    \14\ After the Repo Liquidity Facility became effective, OCC
terminated the $500 million accordion on the syndicated credit
facility.
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    Since learning that the Prior Commitments would not be renewed, OCC
has also been working with a lending agent to identify interested
institutional investors to secure replacement Commitments for the $1
billion in Prior Confirmations. The purpose of this filing is to modify
certain aspects of the Non-Bank Liquidity Facility program to give OCC
the flexibly to seek confirmations up to $1 billion in the aggregate
with such durations as approved by its Board of Directors (``Board'').
Aggregate Commitment Amount OCC May Seek Under the Confirmations
    OCC is proposing to adjust the aggregate amount it can seek through
the Non-Bank Liquidity Facility program to an amount up to $1 billion,
as opposed to no less than $1 billion and no greater than $1.5
billion--allowing OCC the ability to seek commitments even if the
aggregate commitment level falls below $1 billon. The Non-Bank
Liquidity Facility program, as initially proposed, authorized
commitments of $1 billion in the aggregate.\15\ In 2015, OCC filed an
advance notice to modify the Non-Bank Liquidity Facility program to
allow OCC to seek aggregate commitments of no less than $1 billion and
no greater than $1.5 billion (the ``2015 Advance Notice'').\16\ The
increase to the permissible range was made as part of OCC's plan to
transition from a single $1 billion confirmation to two confirmations
of $500 million with staggered expiration dates.\17\ While the current
Non-Bank Liquidity Facility program gives OCC discretion to seek
aggregate commitments of no more than $1.5 billion, OCC's Board has
consistently authorized OCC to seek commitments up to an aggregate
amount of $1 billion since 2016. OCC is proposing to modify the Non-
Bank Liquidity Facility program to align the program's terms with the
commitment level approved by the Board.
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    \15\ Notice of No Objection to 2014 Advance Notice, 80 FR at
1064 & n.11.
    \16\ Notice of No Objection to 2015 Advance Notice, 81 FR at
3208.
    \17\ See id. at 3209 (discussing the extension of the existing
confirmation and the execution of a second confirmation).
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    OCC's ability to secure or renew commitments under the Non-Bank
Liquidity Facility is subject to market conditions, among other factors
outside of OCC's control. As evidenced by the recent expiration of the
Prior Confirmations, a counterparty's decision not to renew its
commitment under the facility may cause the aggregate commitment amount
to fall below $1 billion. As part of OCC's overall liquidity plan,
however, OCC maintains access to a diverse set of funding sources in
addition to the Non-Bank Liquidity Facility. To address the expiration
of a Non-Bank Liquidity Facility commitment, OCC would have several
options, including (i) execution of one of more commitments under the
Non-Bank Liquidity Facility up to the $1 billion aggregate commitment
amount proposed, (ii) exercising the accordion feature under the
syndicated credit facility, (iii) exercising authority under OCC Rule
1002 to temporarily increase the Cash Clearing Fund Requirement, and
(iv) filing an advance notice to execute a master repurchase agreement
with other counterparties, similar to the Repo Liquidity Facility.
Allowing OCC to seek one or more Non-Bank Liquidity Facility
commitments that, in the aggregate, are less than $1.0 billion would
allow OCC the flexibility to adjust the mix of liquidity resources
based on market conditions, availability and shifting liquidity needs.
If OCC is unable to secure commitments to replace existing
confirmations, OCC would reallocate shortfalls to other liquidity
resources to prevent a drop in total liquidity resources.
    Without this change, OCC arguably could not execute individual
commitments that result in an aggregated commitment of less than $1

billion at the time executed, making it difficult or impossible for OCC
to negotiate individual commitments, each less than $1 billion, with
multiple counterparties that may be proceeding on different timelines.
In addition, allowing OCC to execute confirmations at different times
would have the benefit of staggering expiration dates--to the extent
such confirmations are for fixed terms--mitigating the risk that
overlapping expirations may cause a drop in OCC's overall liquidity
resources.
Confirmation Term
    OCC is also proposing to modify the confirmation term to allow more
flexibility in negotiating terms with institutional investors.
Confirmations under the current Non-Bank Liquidity Facility program are
limited to a commitment term greater than or equal to 364-days. Based
on ongoing negotiations with potential institutional investors, OCC
believes there is interest for commitments that are shorter than one
year.\18\ OCC is proposing to adjust the required terms and conditions
as filed with the Commission in the 2015 Advance Notice filing to allow
for a commitment term of less than 364 days, as negotiated by the
parties and approved by OCC's Board. The proposed modification to the
program would allow for, among other things, a confirmation with a
shorter commitment term as well as an open-ended term that allows for
termination subject to a notice period. Providing flexibility in the
commitment term may make the Non-Bank Liquidity Facility more
commercially attractive to institutional investors who desire more
flexibility in the confirmation term. Additionally, termination subject
to notice would benefit OCC by ensuring that OCC will have a pre-set
notice period to manage its liquidity resources to replace an expiring
confirmation or adjust the levels of other liquidity resources.
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    \18\ OCC included information about the current status of
negotiations with potential counterparties in Exhibit 3b to File No.
SR-OCC-2020-803. The exhibit is a non-public document for which OCC
has submitted a request for confidential treatment to the
Commission.
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    The Board reviews proposed terms under the Non-Bank Liquidity
Program and authorizes Management to enter into and renew transactions
upon expiration. The length of term or notice period OCC would be
willing to accept would be conditioned on factors including, but not
limited to, the initial committed length of the term, market conditions
and OCC's liquidity needs. For a confirmation without a defined
commitment term, OCC would target to negotiate a six-month notice
period. Based on the expiration of the Prior Confirmations, OCC
believes that six-months' notice is sufficient time to allow OCC to
reallocate liquidity resources to address a confirmation's termination.
Because of the time and cost required to negotiate and close
transactions, OCC believes it unlikely that it would pursue a
commitment of less than three months.
Anticipated Effect On and Management of Risk
    Completing timely settlement is a key aspect of OCC's role as a
clearing agency performing central counterparty services. Modifying the
Non-Bank Liquidity Facility program to provide OCC more flexibility in
seeking confirmations would continue to promote the reduction of risks
to OCC, its Clearing Members and the options market in general because
it would allow OCC to continue to obtain short-term funds from the Non-
Bank Liquidity Facility to address liquidity demands arising out of the
default or suspension of a Clearing Member, in anticipation of a
potential default or suspension of Clearing Members, the insolvency of
a bank or another securities or commodities clearing organization, or
the failure of a bank or another securities or commodities clearing
organization to achieve daily settlement.
    The Non-Bank Liquidity Facility helps OCC minimize losses in the
event of a default, suspension, insolvency, or failure to achieve daily
settlement, by allowing it to obtain funds from sources not connected
to OCC's Clearing Members on extremely short notice to ensure clearance
and settlement of transactions in options and other contracts without
interruption. OCC believes that the reduced settlement risk presented
by OCC resulting from the proposed change would correspondingly reduce
systemic risk and promote the safety and soundness of the clearing
system. The ability to borrow funds from the Non-Bank Liquidity
Facility would allow OCC to avoid liquidating margin or clearing fund
assets in what would likely be volatile market conditions, which would
preserve funds available to cover any losses resulting from the failure
of a Clearing Member, bank or other clearing organization.
    The proposed change to allow OCC to seek an aggregate commitment
amount under the Non-Bank Liquidity Facility for up to the currently
approved limit would help OCC ensure the continued availability of its
liquidity resources by providing OCC with the flexibility to seek
additional funding amounts at substantially the same terms, conditions,
operations, and mechanics of the Prior Confirmations. Furthermore,
allowing for OCC to negotiate a term less than 364-days would allow OCC
more flexibility in negotiating confirmations with institutional
investors, and would allow OCC the ability to negotiate terms that give
OCC more time to respond to an institutional investor's decision not to
renew a confirmation. Such flexibility would allow OCC to reallocate
the amount of funding available under the confirmations at the time of
a confirmation's renewal or termination and to manage liquidity needs
and enhance its ability to ensure continual liquidity resources.
    Because the proposed change preserves substantially the same terms
and conditions as the MRA and the Prior Confirmation, OCC believes that
the proposed change would not otherwise affect or alter the management
of risk at OCC.
Consistency With the Payment, Clearing and Settlement Supervision Act
    The stated purpose of the Clearing Supervision Act is to mitigate
systemic risk in the financial system and promote financial stability
by, among other things, promoting uniform risk management standards for
systemically important financial market utilities and strengthening the
liquidity of systemically important financial market utilities.\19\
Section 805(a)(2) of the Clearing Supervision Act \20\ also authorizes
the Commission to prescribe risk management standards for the payment,
clearing and settlement activities of designated clearing entities,
like OCC, for which the Commission is the supervisory agency. Section
805(b) of the Clearing Supervision Act \21\ states that the objectives
and principles for risk management standards prescribed under Section
805(a) shall be to:
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    \19\ 12 U.S.C. 5461(b).
    \20\ 12 U.S.C. 5464(a)(2).
    \21\ 12 U.S.C. 5464(b).
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     Promote robust risk management;
     promote safety and soundness;
     reduce systemic risks; and
     support the stability of the broader financial system.
    The Commission has adopted risk management standards under Section
805(a)(2) of the Clearing Supervision Act and the Exchange Act in
furtherance of these objectives and principles.\22\

Rule 17Ad-22 requires registered clearing agencies, like OCC, to
establish, implement, maintain, and enforce written policies and
procedures that are reasonably designed to meet certain minimum
requirements for their operations and risk management practices on an
ongoing basis.\23\ Therefore, the Commission has stated \24\ that it
believes it is appropriate to review changes proposed in advance
notices against Rule 17Ad-22 and the objectives and principles of these
risk management standards as described in Section 805(b) of the
Clearing Supervision Act.\25\
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    \22\ 17 CFR 240.17Ad-22. See Exchange Act Release Nos. 68080
(October 22, 2012), 77 FR 66220 (November 2, 2012) (S7-08-11)
(``Clearing Agency Standards''); 78961 (September 28, 2016), 81 FR
70786 (October 13, 2016) (S7-03-14) (``Standards for Covered
Clearing Agencies'').
    \23\ 17 CFR 240.17Ad-22.
    \24\ See, e.g., Exchange Act Release No. 86182 (June 24, 2019),
84 FR 31128, 31129 (June 28, 2019) (SR-OCC-2019-803).
    \25\ 12 U.S.C. 5464(b).
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    OCC believes that the Non-Bank Liquidity Facility program, as
modified, is consistent with Section 805(b)(1) of the Clearing
Supervision Act \26\ because the proposed confirmations would provide
OCC with an additional source of committed liquidity to meet its
settlement obligations while at the same time being structured to
mitigate certain operational risks, as described above, that arise in
connection with this committed liquidity source. In this way, the
proposed changes are designed to promote robust risk management;
promote safety and soundness; reduce systemic risks; and support the
stability of the broader financial system.
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    \26\ 12 U.S.C. 5464(b)(1).
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    OCC believes that the Non-Bank Liquidity Facility program, as
modified, is also consistent with the requirements of Rule 17Ad-
22(e)(7) under the Exchange Act.\27\ Rule 17Ad-22(e)(7) requires OCC to
establish, implement, maintain and enforce written policies and
procedures reasonably designed to effectively measure, monitor, and
manage liquidity risk that arises in or is borne by OCC, including
measuring, monitoring, and managing its settlement and funding flows on
an ongoing and timely basis, and its use of intraday liquidity, as
specified in the rule.\28\ In particular, Rule 17Ad-22(e)(7)(i) under
the Exchange Act \29\ directs that OCC meet this obligation by, among
other things, ``[m]aintaining sufficient liquid resources at the
minimum in all relevant currencies to effect same-day . . . settlement
of payment obligations with a high degree of confidence under a wide
range of foreseeable stress scenarios that includes, but is not limited
to, the default of the participant family that would generate the
largest aggregate payment obligation for [OCC] in extreme but plausible
market conditions.''
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    \27\ 17 CFR 240.17Ad-22(e)(7).
    \28\ Id.
    \29\ 17 CFR 240.17Ad-22(e)(7)(i).
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    As described above, the proposed change would allow OCC to seek a
readily available liquidity resource that would enable it to, among
other things, continue to meet its obligations in a timely fashion and
as an alternative to selling Clearing Member collateral under what may
be stressed and volatile market conditions. For these reasons, OCC
believes that the proposal is consistent with Rule 17Ad-
22(e)(7)(i).\30\
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    \30\ Id.
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    Rule 17Ad-22(e)(7)(ii) under the Exchange Act requires OCC to
establish, implement, maintain and enforce written policies and
procedures reasonably designed to hold qualifying liquid resources
sufficient to satisfy payment obligations owed to Clearing Members.\31\
Rule 17Ad-22(a)(14) of the Exchange Act defines ``qualifying liquid
resources'' to include, among other things, lines of credit without
material adverse change provisions, that are readily available and
convertible into cash.\32\ The MRA under the Non-Bank Liquidity
Facility would not be subject to any material adverse change provision
and would continue to be designed to permit OCC to, among other things,
help ensure that OCC has sufficient, readily-available qualifying
liquid resources to meet the cash settlement obligations of its largest
Clearing Member Group. Therefore, OCC believes that the proposal is
consistent with Rule 17Ad-22(e)(7)(ii).\33\
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    \31\ 17 CFR 240.17Ad-22(e)(7)(ii).
    \32\ 17 CFR 240.17Ad-22(a)(14).
    \33\ 17 CFR 240.17Ad-22(e)(7)(ii).
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    For the foregoing reasons, OCC believes that the proposed changes
are consistent with Section 805(b)(1) of the Clearing Supervision Act
\34\ and Rule 17Ad-22(e)(7) \35\ under the Exchange Act.
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    \34\ 12 U.S.C. 5464(b)(1).
    \35\ 17 CFR 240.17Ad-22(e)(7).
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III. Date of Effectiveness of the Advance Notice and Timing for
Commission Action

    The proposed change may be implemented if the Commission does not
object to the proposed change within 60 days of the later of (i) the
date the proposed change was filed with the Commission or (ii) the date
any additional information requested by the Commission is received. OCC
shall not implement the proposed change if the Commission has any
objection to the proposed change.
    The Commission may extend the period for review by an additional 60
days if the proposed change raises novel or complex issues, subject to
the Commission providing the clearing agency with prompt written notice
of the extension. A proposed change may be implemented in less than 60
days from the date the advance notice is filed, or the date further
information requested by the Commission is received, if the Commission
notifies the clearing agency in writing that it does not object to the
proposed change and authorizes the clearing agency to implement the
proposed change on an earlier date, subject to any conditions imposed
by the Commission.
    OCC shall post notice on its website of proposed changes that are
implemented. The proposal shall not take effect until all regulatory
actions required with respect to the proposal are completed.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-OCC-2020-803 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-OCC-2020-803. 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 website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the advance notice that are filed with the
Commission, and all written communications relating to the advance
notice 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 website 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 the filing also will be available
for inspection and copying at the principal office of the self-
regulatory organization.
    All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly.
    All submissions should refer to File Number SR-OCC-2020-803 and
should be submitted on or before June 8, 2020.

    By the Commission.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-11122 Filed 5-21-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 173 (Wednesday, September 7, 2016)]
[Notices]
[Page 61681]
[FR Doc No: 2016-21555]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Number: PR16-69-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Tariff filing per 284.123(b)(1) + (g): Revisions to
Appendix A of Statement of Operating Conditions to be effective 8/1/
2016; Filing Type: 1300.
    Filed Date: 8/29/2016.
    Accession Number:<PHONE_NUMBER>18, http://elibrary.ferc.gov/idmws/doc_info.asp?accession_num=20160415-5222.
    Comments Due: 5 p.m. ET 9/19/16.
    284.123(g) Protests Due: 5 p.m. ET 10/28/16.

    Docket Numbers: RP16-1195-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Neg Rate--BBPC Release to
Macquarie Energy 792012 to be effective 9/1/2016.
    Filed Date: 8/30/16.
    Accession Number: 20160830-5113.
    Comments Due: 5 p.m. ET 9/12/16.

    Docket Numbers: RP16-1196-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Neg Rates--Mpower Energy
Releases to Enhanced Energy to be effective 9/1/2016.
    Filed Date: 8/30/16.
    Accession Number: 20160830-5136.
    Comments Due: 5 p.m. ET 9/12/16.

    Docket Numbers: RP16-1197-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Neg Rates--Ratio Energy
contract 792017 to be effective 9/1/2016.
    Filed Date: 8/30/16.
    Accession Number: 20160830-5203.
    Comments Due: 5 p.m. ET 9/12/16.

    Docket Numbers: RP16-1198-000.
    Applicants: Ruby Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: EPC and Fuel Update Filing to
be effective 10/1/2016.
    Filed Date: 8/30/16.
    Accession Number: 20160830-5239.
    Comments Due: 5 p.m. ET 9/12/16.

    Docket Numbers: RP16-1199-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Cherokee
AGL--Replacement Shippers--Sep 2016 to be effective 9/1/2016
    Filed Date: 8/31/16.
    Accession Number: 20160831-5000.
    Comments Due: 5 p.m. ET 9/12/16.

    Docket Numbers: RP16-1200-000.
    Applicants: Kern River Gas Transmission Company.
    Description: Sec.  4(d) Rate Filing: 2016 Nonconforming October
2016 P2 Contract to be effective 10/1/2016.
    Filed Date: 8/31/16.
    Accession Number: 20160831-5010.
    Comments Due: 5 p.m. ET 9/12/16.

    Docket Numbers: RP16-1201-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmt (Atlanta
8438 to various eff 9-1-2016) to be effective 9/1/2016.
    Filed Date: 8/31/16.
    Accession Number: 20160831-5108.
    Comments Due: 5 p.m. ET 9/12/16.

    Docket Numbers: RP16-1202-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmts (Encana
37663 to ConocoPh 46987, Texla 46986) to be effective 9/1/2016.
    Filed Date: 8/31/16.
    Accession Number: 20160831-5109.
    Comments Due: 5 p.m. ET 9/12/16.

    Docket Numbers: RP16-1203-000.
    Applicants: Bear Creek Storage Company, L.L.C.
    Description: Compliance filing Cost and Revenue Study.
    Filed Date: 8/31/16.
    Accession Number: 20160831-5110.
    Comments Due: 5 p.m. ET 9/12/16.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and Sec.  385.214) on or
before 5:00 p.m. Eastern time on the specified date(s). Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 31, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-21555 Filed 9-6-16; 8:45 am]
BILLING CODE 6717-01-P