[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Notices]
[Pages 29598-29602]
[FR Doc No: 2017-13583]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81008; File No. SR-OCC-2017-015]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Concerning the U.S. Market Transition to a Shortened Settlement Cycle

June 23, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 9, 2017, The Options Clearing Corporation (``OCC'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II and III below. Items I and II
have been prepared primarily by OCC. OCC filed the proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(4)(i) \4\ thereunder so that the proposal was effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(4)(i).
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    This proposed rule change by OCC concerns the amendment of OCC's
By-Laws and Rules in connection with recent amendments adopted by the
Commission to Rule 15c6-1(a) \5\ under the Act. The amendments to Rule
15c6-1(a) \6\ shorten the standard settlement cycle for most broker-
dealer securities transactions from three business days after the trade
date to two business days after the trade date.
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    \5\ 17 CFR 240.15c6-1(a).
    \6\ Id.
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    The proposed changes to OCC's By-Laws and Rules were included in
Exhibits 5A and 5B of the filing, respectively.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, OCC included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. OCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements. 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.\7\
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    \7\ OCC's By-Laws and Rules can be found on OCC's public Web
site: http://optionsclearing.com/about/publications/bylaws.jsp.
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(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to amend OCC's By-Laws
and Rules in connection with recently adopted amendments to Commission
Rule 15c6-1(a) to shorten the standard settlement cycle for most
broker-dealer transactions regarding the purchase or sale of securities
from three business days after the trade date (``T+3'') to two business
days after the trade date (``T+2'').\8\ The compliance date regarding
these amendments is September 5, 2017.\9\
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    \8\ Securities Exchange Act Release No. 80295 (March 22, 2017),
82 FR 15564 (March 29, 2017).
    \9\ Id.
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Background
    Commission Rule 15c6-1 establishes a standard settlement cycle for
most purchases or sales of securities by broker-dealers. The Commission
adopted Rule 15c6-1(a) \10\ in 1993 to establish T+3 as the standard
trade settlement cycle (instead of five business days after the trade
date), and it became effective in June of 1995.\11\ In March of 1995,
the Commission approved changes to OCC's Rules that were proposed to
ensure consistency with the new T+3 standard settlement cycle.\12\
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    \10\ 17 CFR 240.15c6-1(a). Rule 15c6-1(a) provides, in relevant
part, that ``a broker or dealer shall not effect or enter into a
contract for the purchase or sale of a security (other than an
exempted security, government security, municipal security,
commercial paper, bankers' acceptances, or commercial bills) that
provides for payment of funds and delivery of securities later than
the third business day after the date of the contract unless
otherwise expressly agreed to by the parties at the time of the
transaction.''
    \11\ Securities Exchange Act Release Nos. 33023 (October 6,
1993), 58 FR 52891 (final rule adopting Rule 15c6-1); 34952
(November 9, 1994), 59 FR 59137 (changing the effective date of the
final rule from June 1, 1995 to June 7, 1995).
    \12\ Securities Exchange Act Release No. 35552 (March 30, 1995),
60 FR 17600 (April 6, 1995) (SR-OCC-94-11).
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    Since the change to T+3, the Commission and the financial services
industry have continued to explore the idea of shortening the
settlement cycle even further.\13\ In April 2014, DTCC published a
recommendation to shorten the standard U.S. trade settlement cycle to
T+2 and announced that it would partner with market participants and
industry organizations to devise the necessary approach and timelines
to achieve T+2.\14\ To improve the efficiency of the U.S. settlement
system by reducing the attendant risks in the T+3 settlement of
securities transactions, and to align U.S. markets with the standard
settlement cycles in other major global markets that have already moved
to T+2, DTCC, in collaboration with the financial services industry,
formed an Industry Steering Committee (``ISC'') and an industry working
group and sub-working groups to facilitate the move to T+2.\15\ In June
of 2015, the ISC published a White Paper outlining the activities and
proposed timeframes that would be required to move to T+2 in the
U.S.\16\ Concurrently, SIFMA and the ICI jointly submitted a letter to
Commission Chair White expressing support of the financial service
industry's efforts to shorten the settlement cycle and identified
amendments to Rule 15c6-1(a) that they believed would be necessary for
an effective transition to T+2.\17\ In March 2016, the ISC announced an
industry target date of September 5, 2017, for the transition to
T+2.\18\
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    \13\ See e.g., Securities Industry Association, ``SIA T+1
Business Case Final Report'' (July 2000); Securities Exchange Act
Release No. 49405 (March 11, 2004), 69 FR 12922 (March 18, 2004)
(Concept Release: Securities Transactions Settlement); The
Depository Trust & Clearing Corporation (``DTCC''), ``Proposal to
Launch a New Cost-Benefit Analysis on Shortening the Settlement
Cycle'' (December 2011).
    \14\ See DTCC, ``DTCC Recommends Shortening the U.S. Trade
Settlement Cycle'' (April 2014).
    \15\ The ISC includes, among other participants, DTCC, the
Securities Industry and Financial Markets Association (``SIFMA'')
and the Investment Company Institute (``ICI'').
    \16\ See ``Shortening the Settlement Cycle: The Move to T+2''
(June 18, 2015).
    \17\ See Letter from ICI and SIFMA to Mary Jo White, Chair, SEC,
dated June 18, 2015; see also Letter from Mary Jo White, Chair to
Kenneth E. Bentsen, Jr. President and CEO, SIFMA, and Paul Schott
Stevens, President and CEO, ICI, dated September 16, 2015
(expressing support for industry efforts to shorten the trade
settlement cycle to T+2 and indicating a commitment to developing a
proposal to amend Rule 15c6-1(a) to require standard settlement no
later than T+2).
    \18\ See ISC Media Alert: ``US T+2 ISC Recommends Move to
Shorter Settlement Cycle On September 5, 2017'' (March 7, 2016).
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    On September 28, 2016, the Commission proposed amendments to Rule
15c6-1(a) to shorten the standard settlement cycle to T+2 on the basis
that the shorter settlement cycle would reduce the risks that arise
from the value and number of unsettled securities transactions prior to
completion of settlement, including credit, market and liquidity risks
faced by U.S. market participants.\19\ On March 22, the Commission
adopted the amendments to Rule 15c6-1(a) as proposed.\20\ In light of
this action by the SEC, OCC is proposing amendments to its By-Laws and
Rules in connection with the T+2 settlement cycle and to do so by the
Commission's designated compliance date of September 5, 2017.
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    \19\ Securities Exchange Act Release No. 78962 (September 28,
2016), 81 FR 69240 (October 5, 2016); see also Commission Press
Release 2016-200: ``SEC Proposes Rule Amendment to Expedite Process
for Settling Securities Transactions'' (September 28, 2016).
    \20\ Securities Exchange Act Release No. 80295, supra note 8.
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Proposed Changes to OCC By-Laws and Rules
    OCC is proposing changes to the following By-Laws and Rules in
connection with the recently-amended Rule 15c6-1(a) and the particular
changes are discussed in more detail below:
     OCC Rule 901 (Settlement Through Correspondent Clearing
Corporations); \21\
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    \21\ Article I, Section 1.C.(33) of OCC's By-Laws defines the
term ``correspondent clearing corporation'' to mean National
Securities Clearing Corporation (``NSCC'') or any successor thereto
which, ``by agreement with [OCC], provides facilities for
settlements in respect of exercised option contracts or BOUNDs or in
respect of delivery obligations arising from physically-settled
stock futures.''
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     OCC Rule 903 (Obligation to Deliver);
     OCC Rule 1302 (Delivery of Underlying Securities);
     OCC Rule 1503 (Exercise Settlement Date for Event Options
and Range Options);
     Article XXI of OCC's By-Laws (Stock Loan/Hedge Program);
     OCC Rule 2208 (Settlement Date);
     OCC Rule 2209A (Termination of Market Loans); and
     OCC Rule 2502 (Settlement Date for BOUNDs).
    First, OCC proposes to amend certain of its Rules that govern
settlement of physically-settled options and futures through NSCC.
Chapter IX of OCC's

Rules addresses delivery and payment obligations arising out of the
exercise of physically-settled stock option contracts and the maturity
of physically-settled stock futures contracts. Rule 901 requires that
certain obligations be settled through the facilities of NSCC. Rule
901(d) permits OCC to revoke a specification in any Delivery Advice
that settlement be made through the facilities of NSCC at any time
prior to the opening of business on the delivery date by an appropriate
notice to the Receiving and Delivering Clearing Members.\22\ In
particular, Rule 901(d) allows specified OCC senior officers to extend
or postpone the time for delivery to no more than three business days
after the date that OCC revokes such a settlement specification. OCC
proposes to amend this provision to make such an extension or
postponement consistent with the new T+2 settlement cycle. Accordingly,
under the proposed rule change, the amount of time that OCC has to
extend or postpone the time of delivery would be changed to two
business days.
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    \22\ OCC recently proposed changes to existing Rule 901(d) in
connection with advance notice and proposed rule change filings
related to a new Stock Options and Futures Settlement Agreement
between OCC and the National Securities Clearing Corporation. See
SR-OCC-2017-013 and SR-OCC-2017-804. The proposed changes to Rule
901(d) currently pending Commission review in SR-OCC-2017-013 and
SR-OCC-2017-804 are indicated in Exhibit 5B with double underlined
and double strikethrough text.
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    Rule 903 governs the obligation of a Clearing Member to deliver
when either a Delivery Advice or OCC directs that settlement be made on
a broker-to-broker basis. It currently specifies the delivery date for
physically-settled options as the third business day following the day
on which the exercise notice was, or is deemed to have been, properly
tendered to OCC. Rule 903 also generally specifies the delivery date
for physically settled security futures as the third business day
following the maturity date. Under the proposed rule change, these
references in Rule 903 to the ``third'' business day would be changed
to the ``second'' business day.
    Second, OCC proposes to amend Rule 1302 concerning the delivery of
underlying securities for physically-settled stock futures. With
certain exceptions, Rule 1302 currently provides that the delivery date
for a physically-settled stock future is the third business day
following the maturity date of the applicable series. Under the
proposed rule change, the reference to the ``third'' business day would
be changed to ``second'' business day.
    Third, OCC proposes to amend Rule 1503 concerning the exercise
settlement date for credit default options and credit default basket
options. With certain exceptions, Rule 1503 currently provides that the
exercise settlement date for a credit default option and credit default
basket option is the third business day following the date on which the
option is deemed to have been exercised. Under the proposed rule
change, the reference to the ``third'' business day would be changed to
``second'' business day.
    Fourth, OCC proposes to amend a provision of its By-Laws and
certain Rules concerning its two Stock Loan Programs: The Hedge Program
and Market Loan Program. In the Hedge Program, OCC acts as the
guarantor for Stock Loans that are initiated bilaterally between
Clearing Members through The Depository Trust Company (``DTC''). Under
Article XXI, Section 2(c) of OCC's By-Laws, OCC may terminate
outstanding Hedge Loans under certain conditions. If any Hedge Loans
are so terminated by OCC, it is required to provide written notice
thereof to all affected Hedge Clearing Members to specify the date on
which such termination is to become effective, which shall be at least
three stock loan business days after the date of such notice. OCC
proposes to amend this provision to make the effective date of such a
termination consistent with the new T+2 settlement cycle. OCC therefore
proposes to amend Section 2(c) of Article XXI to change the minimum
number of days between notice and termination from three to two.
    Rule 2208(a) currently provides the settlement date for the
termination of a Hedge Loan shall be the earlier of: (1) The date on
which the Borrowing Clearing Member initiates the termination or (2)
the date that is three stock loan business days after the date on which
the Lending Clearing Member initiates the termination. OCC proposes to
amend Rule 2208(a) to change ``three'' stock loan business days to
``two'' stock loan business days.
    In the Market Loan Program, OCC acts as the guarantor for Market
Loans that are initiated through the matching of bids and offers that
are either agreed upon by the Market Loan Clearing Members or matched
anonymously through a Loan Market. Typically, a Market Loan is
terminated through the process of a Market Loan Clearing Member
providing notice to the Loan Market to call for the recall or return of
a specified quantity of Loaned Stock. The Loan Market sends details of
the matched return or recall transaction to OCC, and OCC validates the
transaction and sends a pair of delivery orders to DTC for settlement
in connection with the recall or return. Rule 2209A(a)(3) currently
provides that if a recall transaction fails to settle by the Settlement
Time on the third stock loan business day following the day that the
transaction was first submitted, the Lending Clearing Member may choose
to execute a buy-in of the Loaned Stock. OCC proposes to change the
reference to ``third'' stock loan business day to ``second'' stock loan
business day.
    Under Rule 2209A(d), OCC may terminate outstanding Market Loans
under certain conditions. If any Market Loans are so terminated by OCC,
it is required to provide written notice thereof to all affected Market
Loan Clearing Members to specify the date on which such termination is
to become effective, which shall be at least three stock loan business
days after the date of such notice. OCC proposes to amend this
provision to make the effective date of such a termination consistent
with the new T+2 settlement cycle. OCC therefore proposes to amend Rule
2209A(d) to change the minimum number of days between notice and
termination from three to two.
    Fifth, OCC proposes to amend Rule 2502 concerning the settlement
date for BOUNDs in Chapter XXV of OCC's Rules. Rule 2502 currently
provides the settlement date for a BOUND is the third business day
following the expiration date. Under the proposed rule change, the
settlement would be changed to the second business day following the
expiration date.
Implementation
    OCC would implement the proposed rule change in coordination with
the Commission's September 5, 2017, compliance date for the amendments
to Rule 15c6-1(a) and the transition to T+2 and would provide advance
notice to Clearing Members of the implementation through an Information
Memo. OCC will include a footnote in its By-Laws and Rules with each
rule that will change under this proposed rule change noting that each
such rule will be updated on September 5, 2017, to reflect the
transition to the new T+2 settlement cycle. As part of that footnote,
OCC will also include a link to documents on OCC's public Web site that
show the updates to OCC's rules that are being made in this proposed
rule change. OCC intends for these updates to be self-executing on
September 5, 2017.

2. Statutory Basis
    OCC believes that the proposed rule change is consistent with
Section 17A(b)(3)(F) of the Act \23\ and the rules thereunder
applicable to OCC. Section 17A(b)(3)(F) requires, among other things,
that rules of a clearing agency be designed ``to foster cooperation and
coordination with persons engaged in the clearance and settlement of
securities transactions, to remove impediments to and perfect the
mechanism of a national system for the prompt and accurate clearance
and settlement of securities transactions, and, in general, to protect
investors and the public interest[.]'' \24\ OCC believes the proposed
rule change is consistent with these requirements because it would
coordinate the terms of certain OCC rules with the Commission's
amendments to Rule 15c6-1(a) to support a T+2 standardized settlement
cycle. Specifically, where a current OCC By-Law or Rule is based upon
or otherwise references the T+3 standardized securities settlement
cycle, the provision would be changed to support T+2. Harmonizing OCC's
By-Laws and Rules with the new T+2 standardized settlement cycle would
also remove impediments to and perfect the mechanism of a national
system for the prompt and accurate clearance and settlement of
securities transactions by, for example, ensuring that OCC's By-laws
and Rules that are related to T+2 are consistent with the rules
concerning the standardized settlement cycle that are maintained by the
exchanges for which OCC clears and settles transactions and the rules
of clearing agencies, such as NSCC and DTC, that provide clearance and
settlement services for securities transactions that underlie
physically-settled stock option and physically-settled stock future
contracts cleared by OCC. OCC believes that conforming certain of its
By-Laws and Rules to the Commission's new standardized settlement cycle
would also protect investors and the public interest by ensuring that
OCC provides clearance and settlement services in a manner that
supports the Commission's requirements for the T+2 standardized
settlement cycle.
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    \23\ 15 U.S.C. 78q-1(b)(3)(F).
    \24\ Id.
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    OCC believes the proposed changes are also consistent with the
requirements in Commission Rule 17Ad-22(e)(1).\25\ The changes are
designed to modify OCC's By-Laws and Rules that would otherwise become
outdated upon the change to the T+2 standardized settlement cycle.
Therefore, OCC believes that the proposed changes promote compliance
and consistency with the requirements in Rule 17Ad-22(e)(1) to
establish, implement, maintain and enforce written policies and
procedures reasonably designed to provide for a well-founded, clear,
transparent and enforceable legal basis. Maintaining provisions in
OCC's publicly available By-Laws and Rules that are consistent at all
times with the standardized settlement cycle that is specified in
Commission Rule 15c6-1(a) helps ensure that OCC's By-Laws and Rules
remain well-founded, clear, transparent and enforceable.
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    \25\ 17 CFR 240.17Ad-22(e)(1).
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    The proposed rule change is not inconsistent with the existing
rules of OCC, including any other rules proposed to be amended.

(B) Clearing Agency's Statement on Burden on Competition

    Section 17A(b)(3)(I) of the Act requires that the rules of a
clearing agency not impose any burden on competition not necessary or
appropriate in furtherance of the purposes of the Act.\26\ OCC does not
believe that the proposed rule change would impose any burden or have
any impact on competition. The proposed rule change would implement
conforming changes within OCC's By-Laws and Rules to ensure consistency
with amendments recently adopted by the Commission in Rule 15c6-1(a) to
change the standard securities settlement cycle to T+2. All Clearing
Members would be equally subject to these conforming changes, and the
proposed changes would not provide any Clearing Member with a
competitive advantage over any other Clearing Member. This proposed
rule change would also not inhibit access to OCC's services or
disadvantage or favor any particular user in relationship to another.
As a result, OCC believes the proposed rule change would not impact or
impose a burden on competition.
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    \26\ 15 U.S.C. 78q-1(b)(3)(I).
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(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(iii) of the Act \27\ and paragraph (f)(4)(i) of Rule 19b-4
\28\ thereunder. At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.\29\
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    \27\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \28\ 17 CFR 240.19b-4(f)(4)(i).
    \29\ Notwithstanding its immediate effectiveness, implementation
of this rule change will be delayed until this change is deemed
certified under CFTC Regulation Sec.  40.6.
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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-OCC-2017-015 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-OCC-2017-015. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public

Reference Room, 100 F Street NE., Washington, DC 20549, on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
such filing also will be available for inspection and copying at the
principal office of OCC and on OCC's Web site at http://www.theocc.com/components/docs/legal/rules_and_bylaws/sr_occ_17_015.pdf.
    All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly.
    All submissions should refer to File Number SR-OCC-2017-015 and
should be submitted on or before July 20, 2017.
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    \30\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\30\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-13583 Filed 6-28-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 115 (Wednesday, June 15, 2011)]
[Rules and Regulations]
[Pages 34859-34862]
[FR Doc No: 2011-14826]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0438]
RIN 1625-AA00

Safety Zone; Augusta Southern Nationals Drag Boat Race, Savannah
River, Augusta, GA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Savannah River in Augusta, Georgia during the Augusta
Southern Nationals Drag Boat Race. The Augusta Southern Nationals Drag
Boat Race will consist of a series of high-speed boat races. The event
is scheduled to take place from Thursday, July 14, 2011 through Sunday,
July 18, 2011. The temporary safety zone is necessary for the safety of
race participants, participant vessels, spectators, and the general
public during the event. Persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
safety zone unless authorized by the Captain of the Port Savannah or a
designated representative.

DATES: This rule is effective from 6 a.m. on July 14, 2011 through 8
p.m. on July 18, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0438 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0438 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or e-mail Lieutenant Junior Grade Deidre R.
Harrison, Marine Safety Unit Savannah, Coast Guard; telephone 912-652-
4353, e-mail<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary

to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because the Coast Guard did
not receive necessary information about the event until May 10, 2011.
As a result, the Coast Guard did not have sufficient time to publish an
NPRM and to receive public comments prior to the event. Although this
event occurs annually, and special local regulations for this event are
in the Code of Federal Regulations at 33 CFR 100.701, this year the
event host changed the date of the event from the third weekend in July
to July 14 through July 17, thereby rendering the special local
regulations set forth in 33 CFR 100.701 inapplicable for this year's
event. Any delay in the effective date of this rule would be contrary
to the public interest because immediate action is needed to minimize
the potential danger to race participants, participant vessels,
spectators, and the general public.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date would
be contrary to the public interest since immediate action is needed to
ensure the safety of the event participants, spectator craft, and other
vessels transiting the event area.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191,
195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116
Stat. 2064; Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to protect race participants,
participant vessels, spectators, and the general public from the
hazards associated with the high-speed boat races.

Discussion of Rule

    From July 14, 2011 through July 17, 2011 Augusta Southern
Nationals, Inc. is hosting the Augusta Southern Nationals Drag Boat
Race, a series of high-speed boat races. The races will take place from
7 a.m. until 7 p.m. If the event is postponed on any of these dates,
then the event will also take place on July 18, 2011. The event will be
held on the waters of the Savannah River south of Augusta, Georgia.
Approximately 125 high-speed power boats will be participating in the
races. The high speed of the participant vessels poses a safety hazard
to race participants, participant vessels, spectators, and the general
public.
    The safety zone encompasses certain waters of the Savannah River in
Augusta, Georgia. The safety zone will be enforced daily from 6 a.m.
until 8 p.m. on July 14, 2011 through July 17, 2011. If the event is
postponed due to inclement weather on any of these dates, then the
safety zone will be enforced from 6 a.m. until 8 p.m. on July 18, 2011.
    Persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within the safety zone unless
authorized by the Captain of the Port Savannah or a designated
representative. Persons and vessels desiring to enter, transit through,
anchor in, or remain within the safety zone may contact the Captain of
the Port Savannah by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the safety zone is granted by the Captain of the Port Savannah or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Savannah or a designated representative. The Coast Guard will
provide notice of the safety zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Executive Order 12866 and Executive Order 13563

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
    The economic impact of this rule is not significant for the
following reasons: (1) The safety zone will be enforced for only 14
hours per day for five days; (2) persons and vessels may still enter,
transit through, anchor in, or remain within the safety zone if
authorized by the Captain of the Savannah or a designated
representative; and (3) the Coast Guard will provide advance
notification of the safety zone to the local maritime community by
Local Notice to Mariners and Broadcast Notice to Mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion of the
Savannah River encompassed within the safety zone from 6 a.m. until 8
p.m. on July 14, 2011 through July 18, 2011. For the reasons discussed
in the Executive Order 12866 and Executive Order 13563 section above,
this rule will not have a significant economic impact on a substantial
number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of a
temporary safety zone that will be enforced for a total of 56 hours. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add a temporary Sec.  165.T07-0438 to read as follows:

Sec.  165.T07-0438  Safety Zone; Augusta Southern Nationals Drag Boat
Race, Savannah River, Augusta, GA.

    (a) Regulated Area. The following regulated area is a safety zone.
All waters of the Savannah River encompassed between 5th Street Bridge,
located in approximate position 33[deg]28'36'' N, 81[deg]57'25'' W, and
the Palmetto Parkway Bridge, located in approximate position
33[deg]27'43'' N, 81[deg]55'34'' W. All coordinates are North American
Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Savannah in the enforcement of the regulated area.
    (c) Regulations.
    (1) All persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the regulated
area unless authorized by the Captain of the Port Savannah or a
designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Savannah by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Savannah or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Savannah or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Effective Date and Enforcement Periods. This rule is effective
from 6

a.m. on July 14, 2011 through 8 p.m. on July 18, 2011. This rule will
be enforced daily from 6 a.m. until 8 p.m. on July 14, 2011 through
July 17, 2011. If the event is postponed due to inclement weather on
any of these dates, then this rule will be enforced from 6 a.m. until 8
p.m. on July 18, 2011.

    Dated: June 7, 2011.
J.B. Loring,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2011-14826 Filed 6-14-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: December 18, 2009 (Volume 74, Number 242)]
[Proposed Rules]
[Page 67141-67142]
[DOCID:fr18de09-21]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0916; Airspace Docket No. 09-ACE-12]

Proposed Amendment of Class E Airspace; Cedar Rapids, IA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend Class E airspace at Cedar
Rapids, IA. Additional controlled airspace is necessary to accommodate
new Standard Instrument Approach Procedures (SIAPs) at The Eastern Iowa
Airport, Cedar Rapids, IA. The FAA is taking this action to enhance the
safety and management of Instrument Flight Rules (IFR) operations at
the airport.

DATES: 0901 UTC. Comments must be received on or before February 1,
2010.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2009-0916/Airspace Docket No. 09-
ACE-12, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527), is on the ground floor of the building at
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: 817-321-
7716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2009-0916/
Airspace Docket No. 09-ACE-12.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet 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/.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration (FAA),
Office of Air Traffic Airspace Management, ATA-400, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.
Communications must identify both docket numbers for this notice.
Persons interested in being placed on a mailing list for future NPRMs
should contact the FAA's Office of Rulemaking at<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), Part 71 by adding additional Class E airspace designated as
surface areas for SIAPs at The Eastern Iowa Airport, Cedar Rapids, IA.
Controlled airspace is needed for the safety and management of IFR
operations at the airport.
    Class E airspace areas are published in Paragraph 6002 of FAA Order
7400.9T, dated August 27, 2009, and effective September 15, 2009, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed 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 U.S. Code. Subtitle 1, 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 would add additional controlled airspace at The Eastern Iowa
Airport, Cedar Rapids, IA.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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

    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]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.9T, Airspace Designations and Reporting Points, signed August 27,
2009, and effective September 15, 2009, is amended as follows:

Paragraph 6002 Class E Airspace designated as surface areas.

* * * * *

ACE IA E2 Cedar Rapids, IA [Amended]

Cedar Rapids, The Eastern Iowa Airport, IA
    (Lat. 41[deg]53'05'' N., long. 91[deg]42'39'' W.)

    Within a 5-mile radius of The Eastern Iowa Airport. This Class E
airspace area is effective during specific dates and times
established in advance by a Notice to Airmen. The effective date and
time will thereafter be continuously published in the Airport/
Facility Directory.
* * * * *

    Issued in Fort Worth, TX on December 4, 2009.
Roger M. Trevino,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E9-30187 Filed 12-17-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: October 19, 2009 (Volume 74, Number 200)]
[Notices]
[Page 53492]
[DOCID:fr19oc09-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP10-5-000]

CAlifornians for Renewable Energy, Inc. (CARE); Complainant v.
Williams Northwest Pipeline FERC Enforcement Hotline; Respondents;
Notice of Complaint

October 13, 2009.
    Take notice that on October 8, 2009, pursuant to the Natural Gas
Act, 15 U.S.C. 717-717z and section 206 of the Rules and Practice and
Procedure, 18 CFR 385.206 (2009), CAlifornians for Renewable Energy,
Inc. (CARE) filed a formal complaint against Williams Northwest
Pipeline (Williams) and the FERC Enforcement Hotline (Hotline) for
Williams' construction of a pig receiver, fence, road, and driveway on
CARE member Mary Benafel's property, without accurate and adequate
notice, as required by William's blanket certificate, 18 CFR
157.209(d), and without the necessary property rights, as well as the
Hotline's mishandling of CARE's informal complaint.
    CARE states that copies of the complaint were served on Williams
and other interested parties.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on October 28, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-25099 Filed 10-16-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 172 (Wednesday, September 5, 2012)]
[Notices]
[Page 54574]
[FR Doc No: 2012-21776]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER12-1021-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Request of Midwest Independent Transmission System
Operator, Inc.
    Filed Date: 8/23/12.
    Accession Number: 20120823-5149.
    Comments Due: 5 p.m. ET 9/13/12.

    Docket Numbers: ER12-1161-002.
    Applicants: Fibrominn LLC.
    Description: FIBRO Compliance Filing of Revised Tariff and Request
for Category 1 to be effective 8/29/2012.
    Filed Date: 8/29/12.
    Accession Number: 20120829-5073.
    Comments Due: 5 p.m. ET 9/19/12.

    Docket Numbers: ER12-2240-001.
    Applicants: ALLETE, Inc.
    Description: Revised MBR Tariff Filing to be effective 7/14/2012.
    Filed Date: 8/29/12.
    Accession Number: 20120829-5078.
    Comments Due: 5 p.m. ET 9/19/12.

    Docket Numbers: ER12-2374-000.
    Applicants: Tall Bear Group, LLC.
    Description: Supplemental Information of Tall Bear Group, LLC.
    Filed Date: 8/21/12.
    Accession Number: 20120821-5032.
    Comments Due: 5 p.m. ET 9/7/12.

    Docket Numbers: ER12-2540-000.
    Applicants: Arizona Public Service Company.
    Description: OMR Agreement between Electrical District 3 and
Arizona Public Service Company to be effective 11/1/2012.
    Filed Date: 8/29/12.
    Accession Number: 20120829-5063.
    Comments Due: 5 p.m. ET 9/19/12.

    Docket Numbers: ER12-2541-000.
    Applicants: Wolverine Power Supply Cooperative, Inc.
    Description: Refile to be effective 8/29/2012.
    Filed Date: 8/29/12.
    Accession Number: 20120829-5072.
    Comments Due: 5 p.m. ET 9/19/12.

    Docket Numbers: ER12-2542-000.
    Applicants: Prairie Rose Wind, LLC.
    Description: Prairie Rose Wind, LLC submits tariff filing per
35.12: Prairie Rose Wind, LLC MBR Tariff to be effective 10/1/2012.
    Filed Date: 8/29/12.
    Accession Number: 20120829-5144.
    Comments Due: 5 p.m. ET 9/19/12.
    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: August 29, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-21776 Filed 9-4-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 3, 2010 (Volume 75, Number 148)]
[Notices]
[Page 45609-45610]
[DOCID:fr03au10-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC10-542-000]

Commission Information Collection Activities (FERC-542); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of proposed information collection and request for
comments.

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

SUMMARY: In compliance with the requirements of section 3506(c)(2)(A)
of the Paperwork Reduction Act of 1995, 44 U.S.C. 3506(c)(2)(A) (2006)
(Pub. L. 104-13), the Federal Energy Regulatory Commission (Commission
or FERC) is soliciting public comment on the proposed information
collection described below.

DATES: Comments in consideration of the collection of information are
due October 4, 2010.

ADDRESSES: Comments may be filed either electronically (eFiled) or in
paper format, and should refer to Docket No. IC10-542-000. Documents
must be prepared in an acceptable filing format and in compliance with
Commission submission guidelines at http://www.ferc.gov/help/
submission-guide.asp. eFiling instructions are available at: http://
www.ferc.gov/docs-filing/efiling.asp. First-time users must follow
eRegister instructions at: http://www.ferc.gov/docs-filing/
eregistration.asp, to establish a user name and password before
eFiling. The Commission will send an automatic acknowledgement to the
sender's e-mail address upon receipt of eFiled comments. Commenters
making an eFiling should not make a paper filing. Commenters that are
not able to file electronically must send an original and two (2) paper
copies of their comments to: Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First Street, NE., Washington, DC
20426.
    Users interested in receiving automatic notification of activity in
this docket may do so through eSubscription at http://www.ferc.gov/
docs-filing/esubscription.asp. In addition, all comments and FERC
issuances may be viewed, printed or downloaded remotely through FERC's
eLibrary at: http://www.ferc.gov/docs-filing/elibrary.asp, by searching
on Docket No. IC10-542. For user assistance, contact FERC Online
Support by e-mail at<EMAIL_ADDRESS>or by phone, toll-
free, at:<PHONE_NUMBER>, or<PHONE_NUMBER> for TTY.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by e-mail
at<EMAIL_ADDRESS>telephone at<PHONE_NUMBER>, and fax at
(202) 273-0873.

SUPPLEMENTARY INFORMATION: The information collected under the
requirements of FERC-542 ``Gas Pipeline Rates: Rate Tracking'' (OMB No.
1902-0070) is used by the Commission to implement the statutory
provisions of Title IV of the Natural Gas Policy Act (NGPA), 15 U.S.C.
3301-3432, and Sections 4, 5 and 16 of the Natural Gas Act (NGA) (Pub.
L. 75-688) (15 U.S.C. 717-717w). These statutes empower the Commission
to collect natural gas transmission cost information from interstate
natural gas transporters for the purpose of verifying that these costs,
which are passed on to pipeline customers, are just and reasonable.
    Interstate natural gas pipeline companies are required by the
Commission to track their transportation-associated costs to allow for
the Commission's review and, where appropriate, approve the pass-
through of these costs to pipeline customers. These FERC-542 tracking
filings are accountings of the cost of (1) research, development, and
deployment expenditures; (2) annual charge adjustments and (3) periodic
rate adjustments.
    Tracking filings may be submitted at any time or on a regularly
scheduled basis in accordance with the pipeline company's tariff.
Filings may be either: (1) Accepted; (2) suspended and set for hearing;
(3) suspended, but not set for

hearing; or (4) suspended for further review, such as technical
conference or some other type of Commission action. The Commission
implements these filing requirements in the Code of Federal Regulations
(CFR) under 18 CFR parts 154, 154.4, 154.7, 154.307, 154.201, 154.207-
154.208 and 154.401-154.403.
    Action: The Commission is requesting a three-year extension of the
current expiration date, with no changes to the existing collection of
data.
    Burden Statement: Public reporting burden for this collection is
estimated as:

----------------------------------------------------------------------------------------------------------------
                                                         Number of        Average burden
      FERC data collection         Annual number of    responses per        hours per       Total annual burden
                                     respondents         respondent          response              hours
                                               (1)                (2)                (3)   (1) x (2) x (3)
----------------------------------------------------------------------------------------------------------------
FERC-542........................                95                3.5                 40   13,300
----------------------------------------------------------------------------------------------------------------

    Estimated cost burden to respondents is $881,598 (13,300 hours/
2,080 hours \1\ times $137,874 \2\). The cost per respondent is $9,280.
---------------------------------------------------------------------------

    \1\ Number of hours an employee works each year.
    \2\ Average annual salary per employee.
---------------------------------------------------------------------------

    The reporting burden includes the total time, effort, or financial
resources expended to generate, maintain, retain, disclose, or provide
the information including: (1) Reviewing instructions; (2) developing,
acquiring, installing, and utilizing technology and systems for the
purposes of collecting, validating, verifying, processing, maintaining,
disclosing and providing information; (3) adjusting the existing ways
to comply with any previously applicable instructions and requirements;
(4) training personnel to respond to a collection of information; (5)
searching data sources; (6) completing and reviewing the collection of
information; and (7) transmitting, or otherwise disclosing the
information.
    The estimate of cost for respondents is based upon salaries for
professional and clerical support, as well as direct and indirect
overhead costs. Direct costs include all costs directly attributable to
providing this information, such as administrative costs and the cost
for information technology. Indirect or overhead costs are costs
incurred by an organization in support of its mission. These costs
apply to activities which benefit the whole organization rather than
any one particular function or activity.
    Comments are invited on: (1) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information to be collected; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology, e.g., permitting electronic submission of
responses.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-18970 Filed 8-2-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
[Notices]
[Pages 42474-42476]
[FR Doc No: 2020-15108]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89247; File No. SR-Phlx-2020-35]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change to Temporarily
Extend the Filing Requirements for Certain Written Reports Pursuant to
Options 10, Section 7

July 8, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 6, 2020, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I and II below, which Items have been
prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to further extend the filing requirements for
certain written reports pursuant to Options 10, Section 7, currently
due June 30, 2020, to July 31, 2020.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/phlx/rules, 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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    Given current and ongoing market conditions, the Exchange proposes
to provide its members with continued temporary relief from filing
certain supervision-related reports pursuant to Options 10, Section 7
(Supervision of Accounts).
    In December 2019, COVID-19 began to spread and disrupt company
operations and supply chains and impact consumers and investors,
resulting in a dramatic slowdown in production and spending.\3\ By
March 11, 2020, the World Health Organization characterized COVID-19 as
a pandemic.\4\ To slow the spread of the disease, federal and state
officials implemented social-distancing measures, placed significant
limitations on large gatherings, limited travel, and closed non-
essential businesses. These measures have affected the U.S. markets.\5\
In the United States, Level 1 market wide circuit breaker halts were
triggered on March 9, March 12, March

16, and March 18, 2020. While markets have seen significant declines,
governments around the world are undertaking efforts to stabilize the
economy and assist affected companies and their employees.\6\ While
many state governments recently relaxed some social distancing measures
and permitted the limited reopening of non-essential businesses, many
State governments have now paused the reopening of non-essential
businesses due to increased infection rates. Significant uncertainty
remains.
---------------------------------------------------------------------------

    \3\ See, e.g., Chairman Jay Clayton, Proposed Amendments to
Modernize and Enhance Financial Disclosures; Other Ongoing
Disclosure Modernization Initiatives; Impact of the Coronavirus;
Environmental and Climate-Related Disclosure (Jan. 30, 2020),
available at https://www.sec.gov/news/public-statement/clayton-mda-2020-01-30. (``Yesterday, I asked the staff to monitor and, to the
extent necessary or appropriate, provide guidance and other
assistance to issuers and other market participants regarding
disclosures related to the current and potential effects of the
coronavirus. We recognize that such effects may be difficult to
assess or predict with meaningful precision both generally and as an
industry- or issuer-specific basis. This is an uncertain issue where
actual effects will depend on many factors beyond the control and
knowledge of issuers.'').
    \4\ See WHO Director-General's Opening Remarks at the Media
Briefing on COVID-19 (March 11, 2020), available at https://www.who.int/dg/speeches/detail/who-director-general-s-opening-remarks-at-the-media-briefing-on-covid-19---11-march-2020.
    \5\ ``Analysts showed that we saw the fastest `correction' in
history (down 10% from a high), occurring in a matter of days. In
the last week of February, the Dow fell 12.36% with notional trading
of $3.6 trillion.'' See Phil Mackintosh, Putting the Recent
Volatility in Perspective, available at https://www.nasdaq.com/articles/putting-the-recent-volatility-in-perspective-2020-03-05.
    \6\ See, e.g., the list of actions undertaken by the Board of
Governors of the Federal Reserve System at https://www.federalreserve.gov/covid-19.htm. See also Families First
Coronavirus Response Act, Public Law 116-127.
---------------------------------------------------------------------------

    Amidst this continued and unprecedented market uncertainty, the
Exchange sought to address potential challenges that members may face
in timely meeting their obligations to submit to the Exchange annual
supervision-related reports under Options 10, Sections 7(g) and (h)
(``Supervision Reporting Requirements''), especially in light of
unforeseen and uncertain demands on resources required to respond to
COVID-19. Options 10, Section 7(g) requires each Exchange member that
conducts a non-member customer business to submit to the Exchange a
written report on the member's supervision and compliance effort during
the preceding year and on the adequacy of the member's ongoing
compliance processes and procedures. Each member that conducts a public
customer options business is also required to specifically include its
options compliance program in the report.\7\ The Section 7(g) report is
due on April 1 of each year. Options 10, Section 7(h) requires that
each member submit, by April 1 of each year, a copy of the Section 7(g)
report to one or more control persons or, if the member has no control
person, to the audit committee of its board of directors or its
equivalent committee or group.\8\
---------------------------------------------------------------------------

    \7\ The report shall include, but not be limited to, the
information set out in Options 10, Section 7(g)(i)-(v).
    \8\ See Options 10, Section 7(h) for the meaning of the term
``control person'' and requirements in the case of a control person
that is an organization.
---------------------------------------------------------------------------

    On each of March 31, 2020 and June 2, 2020, the Exchange filed a
proposal to temporarily extend the filing requirements for these annual
supervision-related reports from April 1, 2020 to June 1, 2020 and from
June 1, 2020 to June 30, 2020, respectively.\9\ In light of the
continued market uncertainty, the Exchange is again seeking to address
potential challenges that certain members continue to face in timely
meeting their obligations to submit to the Exchange annual supervision-
related reports. Accordingly, the Exchange proposes to provide
additional, temporary relief for members from the Supervision Reporting
Requirements by further extending the June 30, 2020 filing deadlines
described above to July 31, 2020. The Exchange believes that this
additional, temporary relief will permit those members who have been
unable to submit their annual supervision-related reports to continue
to focus on running their businesses and the health crisis caused by
the COVID-19 pandemic, including its impact on their employees,
customers, and communities.
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 88827 (March 31,
2020), 85 FR 19190 (April 6, 2020) (Notice of Filing and Immediate
Effectiveness of Proposed Rule Change To Temporarily Extend Certain
Filing Requirement); Securities Exchange Act Release No. 88995 (June
2, 2020), 85 FR 35149 (June 8, 2020) (Notice of Filing and Immediate
Effectiveness of Proposed Rule Change To Further Extend the Deadline
for Certain Written Supervisory-Related Reports Pursuant to Options
10, Section 7 (Supervision of Accounts).
---------------------------------------------------------------------------

    The Exchange notes that in response to COVID-19, the Financial
Industry Reporting Authority (``FINRA'') recently reissued temporary
relief for member firms by, among other things, extending the deadline
for submitting its supervision-related reports (FINRA Rule 3120 Report
and FINRA Rule 3130 certification) from its second extension deadlines
of June 30, 2020 \10\ to July 31, 2020.\11\ The Exchange notes, too,
that at least one other options exchange that had twice previously
extended the supervisory report deadlines from April 1 to June 1 and
then from June 1 to June 30 for its members,\12\ also plans to submit a
similar filing to, again, extend its deadlines through July 31, 2020.
In light of these deadline extensions, the Exchange believes that a
consistent regulatory approach is important and therefore that
extending its deadline would avoid unnecessary confusion and added
burden among entities that are members of both the Exchange and FINRA
because the deadline to submit supervisory reports would remain
uniform.
---------------------------------------------------------------------------

    \10\ See FINRA Regulatory Notice 20-08 (March 9, 2020) available
at https://www.finra.org/rules-guidance/notices/20-08.
    \11\ See FINRA Regulatory Notice 20-08, FAQs, Supervision (June
29, 2020) available at https://www.finra.org/rules-guidance/key-topics/covid-19/faq#supe.
    \12\ See Securities Exchange Act No. 88528 (March 31, 2020), 85
FR 19196 (April 6, 2020) (SR-CBOE-2020-029).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\13\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\14\ in particular, in that it is designed to
promote just and equitable principles of trade; 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. As a result of continued uncertainty related to the ongoing
spread of the COVID-19 virus, the U.S. exchanges are experiencing
unprecedented market volatility. The proposed rule change would allow
the Exchange to continue to provide temporary relief to those members
who continue to be unable to comply with the Supervision Reporting
Requirements, which were amended twice already--most recently to
require members to provide written reports to the Exchange by June 30,
2020, and further extend that deadline to July 31, 2020. The Exchange
believes that this additional, temporary relief is necessary and
appropriate in the public interest, and consistent with the protection
of investors, given the unforeseen and uncertain challenges, including
business continuity implementation and market volatility, posed by
COVID-19 to members that must comply with the Supervision Reporting
Requirements. The Exchange also believes that it is necessary and
appropriate in the public interest, and consistent with the protection
of investors, because FINRA has also re-extended twice the time for its
members to file supervision-related reports, most recently from June
30, 2020 to July 31, 2020.\15\ Additionally, as indicated above, at
least one other options exchange that had previously extended the
supervisory report deadlines twice, from April 1 to June 1 and again
from June 1 to June 30 for its members,\16\ plans to submit a similar
filing to re-extend its deadlines through July 31, 2020. Extending the
deadline, therefore, will ensure that those entities that are members
of both FINRA and the Exchange have a uniform deadline to submit their
supervisory reports.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
    \15\ See supra note 11.
    \16\ See supra note 12.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change is not
designed to address any competitive issues but rather to provide
temporary relief for all

members that are required to comply with the Supervision Reporting
Requirements.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \17\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\18\
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \19\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \20\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has requested that the Commission waive the 30-day operative delay so
that the proposed rule change may become operative upon filing. The
Commission notes that the proposed rule change would allow the
Exchange, in light of the COVID-19 pandemic, to provide temporary
relief for members by further extending the deadline for written
reports pursuant to the Supervision Reporting Requirements from June
30, 2020, to July 31, 2020. The Commission believes that waiver of the
30-day operative delay is consistent with the protection of investors
and the public interest. Accordingly, the Commission hereby waives the
operative delay and designates the proposed rule change operative upon
filing.\21\
---------------------------------------------------------------------------

    \19\ 17 CFR 240.19b-4(f)(6).
    \20\ 17 CFR 240.19b-4(f)(6)(iii).
    \21\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

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-PHLX-2020-35 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-PHLX-2020-35. 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 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 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 Exchange. 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-PHLX-2020-35 and should be submitted on
or before August 4, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-15108 Filed 7-13-20; 8:45 am]
BILLING CODE 8011-01-P


                       SUMMARY OF COSTS FOR FINAL RULE:
 PROMULGATION OF AIR QUALITY IMPLEMENTATION PLANS; ARIZONA; REGIONAL HAZE AND INTERSTATE VISIBILITY TRANSPORT FEDERAL IMPLEMENTATION PLAN, EPA-R09-OAR-2013-0588

                       Summary of Costs for NOx Controls

                                    Source
                                 Capital Cost
                                      ($)
                            Annualized Capital Cost
                                   ($/year)
                                Annual O&M
                                   ($/year)
                             Total Annualized Cost
                                   ($/year)
                          Cost-effectiveness ($/ton)
TEP Sundt Unit 4
                                                                     $3,079,089
                                                                       $290,644
                                                                       $975,124
                                                                     $1,265,768
                                                                         $3,222
Nelson Lime Plant Kiln 1
                                                                       $450,000
                                                                       $42, 477
                                                                       $358,459
                                                                       $400,936
                                                                           $817
Nelson  Lime Plant Kiln 2
                                                                       $450,000
                                                                        $42,477
                                                                       $354,981
                                                                       $397,458
                                                                           $807
Phoenix Cement Kiln 4
                                                                     $1,500,000
                                                                       $140,000
                                                                       $800,000
                                                                       $940,000
                                                                         $1,162
CalPortland Cement Kiln 4
                                                                     $1,300,000
                                                                       $128,000
                                                                     $1,220,000
                                                                     $1,350,000
                                                                         $1,850
                                                                          Total
                                                                    $6,779,089
                                                                      $601,121
                                                                    $3,708,564
                                                                    $4,354,162
                                                                              -

                       Summary of Costs for SO2 Controls

                                    Source
                                 Capital Cost
                                      ($)
                            Annualized Capital Cost
                                    ($/year)
                                Annual O&M
                                   ($/year)
                             Total Annualized Cost
                                   ($/year)
                              Cost-effectiveness
                                    ($/ton)
TEP Sundt Unit 4
                                                                     $3,250,000
                                                                       $306,777
                                                                     $2,482,107
                                                                     $2,788,884
                                                                         $1,857
Nelson Lime Plant Kiln 1
                                                                             --
                                                                             --
                                                                       $313,096
                                                                       $313,096
                                                                           $856
Nelson Lime Plant Kiln 2
                                                                             --
                                                                             --
                                                                       $458,179
                                                                       $458,179
                                                                           $819
Hayden Smelter
                                                                    $85,000,000
                                                                     $8,023,399
                                                                     $9,300,000
                                                                    $17,323,399
                                                                           $865
Miami Smelter
                                                                    $47,850,000
                                                                     $4,516,701
                                                                     $2,258,351
                                                                     $6,775,052
                                                                           $990
                                                                          Total
                                                                  $136,100,000
                                                                   $12,846,877
                                                                   $14,811,733
                                                                   $27,658,610
                                                                              -

                     Total Costs for NOx and SO2 Controls

                                 Capital Cost
                                      ($)
                            Annualized Capital Cost
                                    ($/year)
                                Annual O&M
                                   ($/year)
                             Total Annualized Cost
                                   ($/year)
                                                                  $142,879,089
                                                                   $13,447,998
                                                                   $18,520,297
                                                                   $32,012,772


                                Meeting Minutes
         EPA External Meeting with Eastman and Thiram Task Force Chair
                Tuesday, May 10, 2022, 9:00 am to 10:00 am EST
                                Microsoft Teams
Attendees:
Eastman: Mia Laget, Tanya Schollaert
Thiram Task Force: Vince Piccirillo (chair)

EPA:
HED: Dana Vogel, Rosanna Louie-Juzwiak, Cassi Walls, Sasha Gorham, Joshua Godshall, Anwar Dunbar
PRD: Jaclyn Pyne, Nicole Zinn, Linda Arrington, Elissa Reaves, Tim Kiely
AO Ag Advisor: Venus Welch-White

On May 10, 2022, Eastman, a registrant of thiram, and the chair of Thiram Task Force presented to the Agency draft dermal absorption study results and the potential impact on the risk assessment with a focus on strawberries.  Eastman will submit the finalized study results before the comment period ends on May 19, 2022, for the Agency's consideration.


[Federal Register Volume 80, Number 7 (Monday, January 12, 2015)]
[Notices]
[Page 1498]
[FR Doc No: 2015-00250]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2916-038]

East Bay Municipal Utility District; Notice of Application for
Amendment of License and Soliciting Comments, Motions To Intervene, and
Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Amend Recreation Plan pursuant to Article 38.
    b. Project No: 2916-038.
    c. Date Filed: November 28, 2014.
    d. Applicant: East Bay Municipal Utility District.
    e. Name of Project: Lower Mokelumne Hydroelectric Project.
    f. Location: The project is located on the Mokelumne River in
Amador, Calaveras, and San Joaquin Counties in California.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Ms. Priyanka K. Jain, P.E., Senior Civil
Engineer, Water Resources Planning Division, East Bay Municipal Utility
District, P.O. Box 24055, 375 Eleventh Street, Oakland, CA 94607-4246,
(510) 287-1153.
    i. FERC Contact: Mary Karwoski at<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: February 5, 2015.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
Please include the project number (p-2916-038) on any comments,
motions, or recommendations filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: The licensee proposes to renovate and
repair the Pardee Recreation Area Recreational Vehicle (RV) Park to
bring the park up to current State of California codes and to replace
the sanitary sewer system in the recreation area. The filing requests
to amend the project recreation plan to reduce the total number of RV
spaces in the RV Park from a total of 87 spaces to a total of 56
spaces. The new spaces will be larger and the re-built RV Park will
feature new road alignments, utilities with increased capacity, roadway
and site lighting, drought resistant landscaping, hardscaping, and
required fire safety clearances.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above. Agencies may obtain copies of the application directly from
the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: January 6, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-00250 Filed 1-9-15; 8:45 am]
BILLING CODE 6717-01-P