[Federal Register Volume 78, Number 18 (Monday, January 28, 2013)]
[Proposed Rules]
[Pages 5754-5755]
[FR Doc No: 2013-01719]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-1270; Airspace Docket No. 12-AEA-16]

Proposed Amendment of Class D and Class E Airspace; Reading, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend Class D and Class E Airspace at
Reading, PA, as the SHAPP OM has been decommissioned, requiring the
modification of Standard Instrument Approach Procedures (SIAPs) at
Reading Regional/Carl A. Spaatz Field. This action would enhance the
safety and airspace management of Instrument Flight Rules (IFR)
operations at the airport.

DATES: Comments must be received on or before March 14, 2013.

ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey, SE., Washington, DC 20590-0001; Telephone: 1-
800-647-5527; Fax:<PHONE_NUMBER>. You must identify the Docket Number
FAA-2012-1270; Airspace Docket No. 12-AEA-16, at the beginning of your
comments. You may also submit and review received comments through the
Internet at http://www.regulations.gov.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to comment on this rule 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 (FAA Docket No.
FAA-2012-1270; Airspace Docket No. 12-AEA-16) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on
this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to Docket
No. FAA-2012-1270; Airspace Docket No. 12-AEA16.'' The postcard will be
date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded from and
comments submitted through 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/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Eastern Service Center, Federal
Aviation Administration, room 350, 1701 Columbia Avenue, College Park,
Georgia 30337.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<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

    The FAA is considering an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to amend Class D and Class E surface
airspace, Class E airspace designated as an extension of Class D, and
Class E airspace extending upward from 700 feet above the surface to
support amended Standard Instrument Approach Procedures developed at
Reading Regional/Carl A. Spaatz Field, Reading, PA. Airspace
reconfiguration is necessary due to the decommissioning of the SHAPP OM
navigation aid. Specifically, any references to SHAPP would be removed
from the descriptor, and for continued safety and management of IFR
operations at the airport.
    Class D and Class E airspace designations are published in
Paragraph 5000, 6002, 6004, and 6005, respectively, of FAA Order
7400.9W, dated August 8, 2012, and effective September 15, 2012, which
is incorporated by reference in 14 CFR 71.1. The Class D and E airspace
designations listed in this document will 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 proposed rule, when promulgated, would not have a
significant economic impact on a substantial number of small

entities under the criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This proposed 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 proposed regulation is within the scope
of that authority as it would amend Class D and Class E airspace at
Reading Regional/Carl A. Spaatz Field, Reading, PA.
    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

Lists 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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9W, Airspace Designations and Reporting
Points, dated August 8, 2012, effective September 15, 2012, is amended
as follows:

Paragraph 5000 Class D Airspace

AEA PA D Reading, PA [Amended]

Reading Regional/Carl A. Spaatz Field, Reading, PA
    (Lat. 40[deg]22'42'' N., long. 75[deg]57'55'' W.)

    That airspace extending upward from the surface to and including
2,800 feet MSL within a 4.8-mile radius of Reading Regional/Carl A.
Spaatz Field. This Class D 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.

Paragraph 6002 Class E Airspace Designated as Surface Areas

* * * * *

AEA PA E2 Reading, PA [Amended]

Reading Regional/Carl A. Spaatz Field, Reading, PA
    (Lat. 40[deg]22'42'' N., long. 75[deg]57'55'' W.)

    That airspace extending from the surface within a 4.8-mile
radius of Reading Regional/Carl A. Spaatz Field, and within 4- miles
either side of the 172[deg] bearing from the airport, extending from
the 4.8-mile radius, to 10.1-miles south of the 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.

Paragraph 6004 Class E Airspace Designated as an Extension to a
Class D Surface Area.

* * * * *

AEA PA E4 Reading, PA [Amended]

Reading Regional/Carl A. Spaatz Field, Reading, PA
    (Lat. 40[deg]22'42'' N., long. 75[deg]57'55'' W.)

    That airspace extending from the surface within 4-miles either
side of the 172[deg] bearing from Reading Regional/Carl A. Spaatz
Field extending from the 4.8-mile radius to 10.1 miles south of the
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.

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

* * * * *

AEA PA E5 Reading, PA [Amended]

Reading Regional/Carl A. Spaatz Field, Reading, PA
    (Lat. 40[deg]22'42'' N., long. 75[deg]57'55'' W.)

    That airspace extending upward from 700 feet above the surface
within a 10.3-mile radius of Reading Regional/Carl A. Spaatz Field.

    Issued in College Park, Georgia, on January 18, 2013.
Barry A. Knight,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2013-01719 Filed 1-25-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 131 (Thursday, July 9, 2015)]
[Notices]
[Pages 39439-39440]
[FR Doc No: 2015-16665]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-2100]

Patricia Durr: Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The U.S. Food and Drug Administration (FDA) is issuing an
order under the Federal Food, Drug, and Cosmetic Act (the FD&C Act)
permanently debarring Patricia Durr from providing services in any
capacity to a person that has an approved or pending drug product
application. FDA bases this order on a finding that Ms. Durr was
convicted of a felony under Federal law for conduct relating to the
regulation of a drug product. Ms. Durr was given notice of the proposed
permanent debarment and an opportunity to request a hearing within the
timeframe prescribed by regulation. Ms. Durr failed to request a
hearing. Ms. Durr's failure to request a hearing constitutes a waiver
of her right to a hearing concerning this action.

DATES: This order is effective July 9, 2015.

ADDRESSES: Submit applications for termination of debarment to the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Kenny Shade, Division of Enforcement,
Office of Enforcement and Import Operations, Office of Regulatory
Affairs, Food and Drug Administration, 12420 Parklawn Dr. (ELEM-4144),
Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(a)(2)(B) of the FD&C Act (21 U.S.C. 335a(a)(2)(B))
requires debarment of an individual if FDA finds that the individual
has been convicted of a felony under Federal law for conduct relating
to the regulation of any drug product under the FD&C Act.
    On April 2, 2014, the U.S. District Court for the Eastern District
of Virginia entered judgment against Ms. Durr for one count of
introducing misbranded drugs into interstate commerce with intent to
defraud or mislead, in violation of sections 301(a) and 303(a)(2) of
the FD&C Act (21 U.S.C. 331(a) and 333(a)(2)).
    FDA's finding that debarment is appropriate is based on the felony
conviction referenced herein. The factual basis for this conviction is
as follows: Ms. Durr was a sales representative for Gallant Pharma
International Inc. (Gallant Pharma) between October 2010 and August
2013, and was responsible for selling injectable cosmetic drugs and
devices, and intravenous chemotherapy drugs, to doctors and hospitals
in Massachusetts and Connecticut. Some of the drugs Ms. Durr
facilitated the sale of were misbranded within the meaning of the FD&C
Act.
    Ms. Durr admitted that she sold drugs which were not approved by
the FDA for use on patients in the United States. She further admitted
that the drugs she sold on behalf of Gallant Pharma were misbranded in
that they did not bear adequate directions for use and were not subject
to an exemption from that requirement, and they were accompanied by
non-FDA approved packaging and inserts.
    Between August 2012 and August 2013, Ms. Durr admitted to selling
more than $699,000 in misbranded drugs and devices to doctors and
medical practices in Massachusetts and Connecticut. She further
admitted that the loss amount attributable to her personal sales, under
U.S. Sentencing Guidelines, was between $400,000 and $1,000,000.
    Between October 2010 and August 2013, Ms. Durr personally sold
misbranded drugs to 33 distinct doctors and medical practices, and
generated more than $2.6 million in illegal proceeds from these sales.
She admitted that, as of August 2012, she became willfully blind to the
illegality of Gallant Pharma's business. Nonetheless, she continued her
sales activity with Gallant Pharma until her arrest in August 2013.
    As a result of her conviction, on March 9, 2015, FDA sent Ms. Durr
a notice by certified mail proposing to permanently debar her from
providing services in any capacity to a person that has an approved or
pending drug product application. The proposal was based on the
finding, under section 306(a)(2)(B) of the FD&C Act, that Ms. Durr was
convicted of a felony under Federal law for conduct related to the
regulation of a drug product. FDA determined that Ms. Durr's felony
conviction was related to the regulation of drug products because the
conduct underlying her conviction undermined FDA's regulatory oversight
over drug products marketed in the United States by intentionally
introducing into interstate commerce drug products that did not bear
adequate directions for use and were not subject to an exemption from
that requirement, and which, among other things, were accompanied by
non-FDA approved packaging and inserts. The proposal also offered Ms.
Durr an opportunity to request a hearing, providing her 30 days from
the date of receipt of the letter in which to file the request, and
advised her that failure to request a hearing constituted a waiver of
the opportunity for a hearing and of any contentions concerning this
action. The proposal was received on March 24, 2015. Ms. Durr failed to
respond within the timeframe prescribed by regulation and has,
therefore, waived her opportunity for a hearing and has waived any
contentions concerning her debarment (21 CFR part 12).

II. Findings and Order

    Therefore, the Director, Office of Enforcement and Import
Operations, Office of Regulatory Affairs, under section 306(a)(2)(B) of
the FD&C Act, under authority delegated to the Director (Staff Manual
Guide 1410.35), finds that Patricia Durr has been convicted of a felony
under federal law for conduct relating to the regulation of a drug
product. Section 306(c)(2)(A)(ii) of the FD&C Act (21 U.S.C.
335a(c)(2)(A)(ii)) requires that Ms. Durr's debarment be permanent.
    As a result of the foregoing findings, Patricia Durr is permanently
debarred from providing services in any capacity to a person with an
approved or pending drug product application under sections 505, 512,
or 802 of the FD&C Act (21 U.S.C. 355, 360b, or 382), or under section
351 of the Public Health Service Act (42 U.S.C. 262), effective (see
DATES) (see section 201(dd), 306(c)(1)(B), and 306(c)(2)(A)(ii) of the
FD&C Act (21 U.S.C. 321(dd), 335a(c)(1)(B), and 335a(c)(2)(A)(ii)). Any
person with an approved or pending drug product application who
knowingly employs or retains as a consultant or contractor, or
otherwise uses the services of Patricia Durr, in any capacity during
her debarment, will be subject to civil money penalties (section
307(a)(6) of the FD&C Act (21 U.S.C. 335b(a)(6))). If Ms. Durr provides
services in any capacity to a person with an approved or pending drug
product application during her period of debarment she will be subject
to civil money penalties (section 307(a)(7) of the FD&C Act (21 U.S.C.
335b(a)(7))). In addition, FDA will not accept or review any
abbreviated new drug applications submitted by or with the assistance
of Patricia Durr during her period of debarment (section 306(c)(1)(A)
of the FD&C Act (21 U.S.C. 335a(c)(1)(A))).
    Any application by Ms. Durr for special termination of debarment
under section 306(d)(4) of the FD&C Act (21 U.S.C. 335a(d)(4)) should
be identified with Docket No. FDA-2014-N-2100 and sent to the Division
of Dockets Management (see ADDRESSES). All such submissions are to be
filed in four copies. The public availability of information in these
submissions is governed by 21 CFR 10.20.
    Publicly available submissions may be seen in the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: June 25, 2015.
Douglas Stearn,
Director, Division of Compliance Policy, Office of Enforcement, Office
of Regulatory Affairs.
[FR Doc. 2015-16665 Filed 7-8-15; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Notices]
[Page 65168]
[FR Doc No: 2023-20464]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-2842-000]

Sunnyside Cogeneration Associates; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Sunnyside Cogeneration Associates' application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 5, 2023.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (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. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: September 15, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-20464 Filed 9-20-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)]
[Rules and Regulations]
[Page 91811]
[FR Doc No: 2016-30313]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0962]

Safety Zone; Captain of the Port Boston Fireworks Display Zone,
Boston Harbor, Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce the subject safety zone for First
Night Fireworks on December 31, 2016, to provide for the safety of life
on navigable waterways during the fireworks display. Our regulation for
Captain of the Port (COTP) Boston fireworks display zone, Boston
Harbor, Boston, MA identifies the regulated area for this fireworks
display. During the enforcement period, no vessel may transit this
regulated area without approval from the COTP Boston or a designated
representative.

DATES: The regulation in 33 CFR 165.119(a)(2) will be enforced
Saturday, December 31, 2016 from 10 p.m. until 11:59 p.m.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Mark Cutter, Sector Boston
Waterways Management Division, U.S. Coast Guard; telephone 617-223-
4000, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
in 33 CFR 165.119(a)(2) on Saturday, December 31, 2016 from 10 p.m.
until 11:59 p.m., for the First Night Fireworks in Boston Inner Harbor.
This action is being taken to provide for the safety of life on
navigable waterways during the fireworks display. Our regulation for
COTP Boston fireworks display zone, Boston Harbor, Boston, MA, 33 CFR
165.119(a)(2), specifies the location of the regulated area as all U.S.
navigable waters of Boston Inner Harbor within a 700-foot radius of the
fireworks barge in the approximate position 42[deg]21'41.2'' N.
071[deg]02'36.5'' W. (NAD 1983), located off of Long Wharf, Boston, MA.
The safety zone will include all U.S. navigable waters of Boston Inner
Harbor within a 700-foot radius of the firework barge when in position.
As specified in 33 CFR 165.119(e), during the enforcement period, no
vessel may transit this regulated area without approval from the COTP
Boston or a COTP designated representative.
    This notice of enforcement is issued under authority of 33 CFR
165.119 and 5 U.S.C. 552(a). In addition to this notice of enforcement
in the Federal Register, the Coast Guard plans to provide mariners with
advanced notification of this enforcement period via the Local Notice
to Mariners and Broadcast Notice to Mariners.

    Dated: December 7, 2016.
C.C. Gelzer,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2016-30313 Filed 12-16-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 118 (Thursday, June 19, 2014)]
[Notices]
[Page 35194]
[FR Doc No: 2014-14318]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72332A; File No. SR-FINRA-2014-020]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Designation of a Longer Period for
Commission Action on Proposed Rule Change To Adopt FINRA Rule 2081,
Prohibited Conditions Relating to Expungement of Customer Dispute
Information; Correction

June 5, 2014.

Correction

    In FR Vol. 79, No. 112 beginning on page 33625 for Wednesday, June
11, 2014, the self-regulatory organization's name was incorrectly
stated in the title. The correct name is Financial Industry Regulatory
Authority, Inc.

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-14318 Filed 6-18-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Notices]
[Pages 24089-24090]
[FR Doc No: 2016-09602]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9945-59-Region 10]

Proposed Issuance of NPDES General Permit for Idaho Drinking
Water Treatment Facilities (Permit Number IDG380000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed issuance of NPDES General Permit and request
for public comment.

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

SUMMARY: The Environmental Protection Agency (EPA) Region 10 proposes
to issue a National Pollutant Discharge Elimination System (NPDES)
General Permit for Drinking Water Treatment Facilities in Idaho (DWGP).
This proposed draft DWGP is intended to provide coverage for seven
existing facilities with expired individual permits, in addition to any
new applicants who are eligible for coverage. The seven existing
permittees have individual permits which were issued on November 1,
2006, and expired on October 31, 2011. These seven permittees currently
operate under an administrative extension of their individual permits.
When issued, the DWGP will replace these seven administratively
extended individual permits. As proposed, the DWGP authorizes the
discharge from drinking water treatment facilities to surface waters
within the State of Idaho from existing facilities and new facilities
interested in seeking coverage. The draft DWGP contains technology-
based and water quality-based effluent limitations for conventional and
toxic pollutants, along with administrative reporting and monitoring
requirements, as well as standard conditions, prohibitions, and
management practices. A description of the basis for the conditions and
requirements of the proposed general permit is given in the Fact Sheet.
    Section 401 of the Clean Water Act, 33 U.S.C. 1341, requires EPA to
seek a certification from the State of Idaho that the conditions of the
DWGP comply with State water quality standards. The Idaho Department of
Environmental Quality (IDEQ) has provided a draft certification that
the draft DWGP complies with State of Idaho Water Quality Standards
(IDAPA 58.01.02), including the State's antidegradation policy. EPA
intends to seek a final certification from IDEQ prior to issuing the
DWGP. This is also notice of the draft Sec.  401 certification provided
by IDEQ. Persons wishing to comment on the draft State certification
should send written comments to Nicole Deinarowicz; Idaho Department of
Environmental Quality, State Office, Surface Water Program; 1410 North
Hilton Street; Boise, Idaho 83706 or via email to
<EMAIL_ADDRESS>
DATES: The public comment period for the draft DWTP commences today and
comments must be received or postmarked no later than midnight Pacific
Daylight Time on May 25, 2016. All comments related to the draft DWGP
and Fact Sheet received by EPA Region 10 by the comment deadline will
be considered prior to issuing the final DWGP.

ADDRESSES: Comments on the draft DWGP may be sent to: Kai Shum, Office
of Water and Watersheds; USEPA Region 10; 1200 6th Ave, Suite 900, OWW-
191; Seattle, Washington 98101. Comments may also be submitted by fax
to<PHONE_NUMBER> or electronically to<EMAIL_ADDRESS>(make sure to
write ``Comments on the Draft Idaho Drinking Water Treatment Facilities
General Permit'' in the subject line).
    Hand Delivery/Courier: Deliver comments to Kai Shum, EPA Region 10,
Office of Water and Watersheds, Mail Stop OWW-191, 1200 6th Avenue,
Suite 900, Seattle, WA 98101-3140. Call<PHONE_NUMBER> before delivery
to verify business hours.
    Viewing and/or Obtaining Copies of Documents. A copy of the draft
DWGP and the Fact Sheet, which explains the proposal in detail, may be
obtained by contacting EPA at 1<PHONE_NUMBER>. Copies of the documents
are also available for viewing and downloading at: https://yosemite.epa.gov/r10/WATER.NSF/NPDES+Permits/DraftPermitsID. Requests
may also be made to Audrey Washington at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Kai Shum, Office of Water and
Watersheds, U.S. Environmental Protection Agency, Region 10. Contact
information included above in the ``Submitting Comments'' Section.

SUPPLEMENTARY INFORMATION:
    Executive Order 12866: The Office of Management and Budget (OMB)
exempts this action from the review

requirements of Executive Order 12866 pursuant to Section 6 of that
order.
    Economic Impact [Executive Order 12291]: The EPA has reviewed the
effect of Executive Order 12291 on this Draft DWGP and has determined
that it is not a major rule pursuant to that Order.
    Paperwork Reduction Act [44 U.S.C. 3501 et seq.] The EPA has
reviewed the requirements imposed on regulated facilities in the Draft
DWGP and finds them consistent with the Paperwork Reduction Act of
1980, 44 U.S.C. 3501 et seq.
    Regulatory Flexibility Act [5 U.S.C. 601 et seq.] The Regulatory
Flexibility Act (RFA) requires that EPA prepare an initial regulatory
flexibility analysis for rules subject to the requirements of the
Administrative Procedures Act [APA, 5 U.S.C. 553] that have a
significant impact on a substantial number of small entities. However,
EPA has concluded that NPDES General Permits are not rulemakings under
the APA, and thus not subject to APA rulemaking requirements or the
RFA.
    Unfunded Mandates Reform Act
    Section 201 of the Unfunded Mandates Reform Act (UMRA), Public Law
104-4, generally requires Federal agencies to assess the effects of
their regulatory actions (defined to be the same as rules subject to
the RFA) on tribal, state, and local governments, and the private
sector. However, General NPDES Permits are not rules subject to the
requirements of the APA, and are, therefore, not subject to the UMRA.

    Authority:  This action is taken under the authority of Section
402 of the Clean Water Act as amended, 42 U.S.C. 1342. I hereby
provide public notice of the Draft Idaho DWGP in accordance with 40
CFR 124.10.

    Dated: April 18, 2016.
Daniel D. Opalski,
Director, Office of Water and Watersheds, Region 10.
[FR Doc. 2016-09602 Filed 4-22-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 36 (Monday, February 24, 2020)]
[Notices]
[Pages 10430-10431]
[FR Doc No: 2020-03566]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC20-39-000.
    Applicants: Upstream Wind Energy LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act, et al. of Upstream Wind Energy LLC.
    Filed Date: 2/18/20.
    Accession Number: 20200218-5135.
    Comments Due: 5 p.m. ET 3/10/20.

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

    Docket Numbers: ER18-2513-003.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2020-02-18 Compliance Filing to
Address Self-Fund to be effective 6/24/2015.
    Filed Date: 2/18/20.
    Accession Number: 20200218-5091.
    Comments Due: 5 p.m. ET 3/10/20.

    Docket Numbers: ER19-1864-002.
    Applicants: Public Service Company of Colorado.
    Description: Compliance filing: OATT_Att N-LGIP-Order 845
Compliance to be effective 5/22/2019.
    Filed Date: 2/18/20.
    Accession Number: 20200218-5108.
    Comments Due: 5 p.m. ET 3/10/20.

    Docket Numbers: ER19-1948-002.
    Applicants: PacifiCorp.
    Description: Compliance filing: OATT Order 845--Compliance (per
12.19.19) to be effective 5/22/2019.
    Filed Date: 2/14/20.
    Accession Number: 20200214-5137.
    Comments Due: 5 p.m. ET 3/6/20.

    Docket Numbers: ER19-1955-002.
    Applicants: Public Service Company of New Mexico.
    Description: Compliance filing: Order No. 845 Compliance Filing to
be effective 5/22/2018.
    Filed Date: 2/14/20.
    Accession Number: 20200214-5225.
    Comments Due: 5 p.m. ET 3/6/20.

    Docket Numbers: ER19-1955-003.
    Applicants: Public Service Company of New Mexico.
    Description: Compliance filing: Order No. 845 Compliance Filing to
be effective 5/22/2019.
    Filed Date: 2/18/20.
    Accession Number: 20200218-5000.
    Comments Due: 5 p.m. ET 3/10/20.

    Docket Numbers: ER19-1957-002.
    Applicants: Alabama Power Company.
    Description: Compliance filing: Order No. 845 and 845-A Compliance
Filing to be effective 5/22/2019.
    Filed Date: 2/18/20.
    Accession Number: 20200218-5198.
    Comments Due: 5 p.m. ET 3/10/20.

    Docket Numbers: ER20-1018-000.
    Applicants: Gateway Energy Storage, LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff to be effective 2/15/2020.
    Filed Date: 2/14/20.
    Accession Number: 20200214-5212.
    Comments Due: 5 p.m. ET 3/6/20.

    Docket Numbers: ER20-1019-000.
    Applicants: Ashtabula Wind, LLC.
    Description: Tariff Cancellation: Ashtabula Wind, LLC Notice of
Cancellation of Market-Based Rate Tariff to be effective 2/18/2020.
    Filed Date: 2/18/20.
    Accession Number: 20200218-5001.
    Comments Due: 5 p.m. ET 3/10/20.

    Docket Numbers: ER20-1020-000.
    Applicants: Story Wind, LLC.
    Description: Tariff Cancellation: Story Wind, LLC Notice of
Cancellation of Market-Based Rate Tariff to be effective 2/18/2020.
    Filed Date: 2/18/20.
    Accession Number: 20200218-5002.
    Comments Due: 5 p.m. ET 3/10/20.

    Docket Numbers: ER20-1021-000.
    Applicants: NorthWestern Corporation.
    Description: Sec.  205(d) Rate Filing: SA 889--EP&C Agreement with
Idaho Power Company to be effective 2/18/2020.
    Filed Date: 2/18/20.
    Accession Number: 20200218-5017.
    Comments Due: 5 p.m. ET 3/10/20.

    Docket Numbers: ER20-1022-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) Rate Filing: BPA Construction Agreement
(Summer Lake CB & SCADA) Rev 1 to be effective 4/2/2020.
    Filed Date: 2/18/20.
    Accession Number: 20200218-5018.
    Comments Due: 5 p.m. ET 3/10/20.

    Docket Numbers: ER20-1023-000.
    Applicants: Mankato Energy Center, LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff and Affiliate Sales Authorization to be effective 1/17/2020.
    Filed Date: 2/18/20.
    Accession Number: 20200218-5104.
    Comments Due: 5 p.m. ET 3/10/20.

    Docket Numbers: ER20-1024-000.
    Applicants: Mankato Energy Center II, LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff and Affiliate Sales Authorization to be effective 1/17/2020.
    Filed Date: 2/18/20.
    Accession Number: 20200218-5106.
    Comments Due: 5 p.m. ET 3/10/20.

    Docket Numbers: ER20-1025-000.
    Applicants: ISO New England Inc.
    Description: Fourteenth Forward Capacity Auction Results of ISO New
England Inc.
    Filed Date: 2/18/20.
    Accession Number: 20200218-5132.
    Comments Due: 5 p.m. ET 4/3/20.

    Docket Numbers: ER20-1026-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: Amended IFA High Desert
Power Project, LLC SA No. 11 to be effective 4/19/2020.
    Filed Date: 2/18/20.
    Accession Number: 20200218-5161.
    Comments Due: 5 p.m. ET 3/10/20.

    Docket Numbers: ER20-1027-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Filing of Rate Schedule FERC
No. 264 among Tri-State, PacifiCorp and WAPA to be effective 1/3/2020.
    Filed Date: 2/18/20.
    Accession Number: 20200218-5185.
    Comments Due: 5 p.m. ET 3/10/20.

    Docket Numbers: ER20-1028-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2020-02-18_SA 3166 Ameren
Illinois-Cardinal Point 2nd Rev GIA (J456) to be effective 1/31/2020.
    Filed Date: 2/18/20.
    Accession Number: 20200218-5192.
    Comments Due: 5 p.m. ET 3/10/20.

    Docket Numbers: ER20-1029-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, SA No. 5562
and ICSA, SA No.5563; Queue No. AB2-032/AB2-153 to be effective 1/16/
2020.
    Filed Date: 2/18/20.
    Accession Number: 20200218-5199.
    Comments Due: 5 p.m. ET 3/10/20.

    Docket Numbers: ER20-1030-000.
    Applicants: Northern Pass Transmission LLC.
    Description: Tariff Cancellation: Termination of Transmission
Service Agreement to be effective 9/6/2019.
    Filed Date: 2/18/20.
    Accession Number: 20200218-5200.
    Comments Due: 5 p.m. ET 3/10/20.

    Docket Numbers: ER20-1031-000.
    Applicants: Northern Pass Transmission LLC.
    Description: Sec.  205(d) Rate Filing: Section 205 Request For
Approval Of Cost Reimbursement to be effective 4/19/2020.
    Filed Date: 2/18/20.
    Accession Number: 20200218-5206.
    Comments Due: 5 p.m. ET 3/10/20.

    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 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 18, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-03566 Filed 2-21-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 9, 2008 (Volume 73, Number 197)]
[Notices]
[Page 59688-59689]
[DOCID:fr09oc08-149]

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

SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: U.S. Securities and
Exchange Commission, Office of Investor Education and Advocacy,
Washington, DC 20549-0213.

Extension:
    Rule 24b-1, OMB Control No. 3235-0194, SEC File No. 270-205.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
     Rule 24b-1 (17 CFR 240.24b-1)--Documents to be Kept Public
by Exchanges.
    Rule 24b-1 under the Securities Exchange Act of 1934 (15 U.S.C. 78a
et seq.) requires a national securities exchange to keep and make
available for public inspection a copy of its registration statement
and exhibits filed with the Commission, along with any amendments
thereto.
    There are eleven national securities exchanges that spend
approximately one half hour each complying with this rule, for an
aggregate total compliance burden of five and one half hours per year.
The staff estimates that the average cost per respondent is $65.18 per
year, calculated as the costs of copying ($13.97) plus storage
($51.21), resulting in a total cost of compliance for the respondents
of $716.98.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; (b) the accuracy of the Commission's estimate
of the burden of the proposed collection of information; (c) ways to
enhance the quality, utility, and clarity of the information to be
collected; and

(d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Comments should be directed to Lewis W. Walker, Acting Director/
Chief Information Officer, Securities and Exchange Commission, c/o
Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312 or send
an e-mail to<EMAIL_ADDRESS>
    Dated: October 1, 2008.
Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-23932 Filed 10-8-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 114 (Friday, June 13, 2014)]
[Notices]
[Pages 33914-33915]
[FR Doc No: 2014-13866]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2678-006]

Pacific Gas and Electric Company; Notice of Application Accepted
for Filing, Soliciting Motions To Intervene and Protests, Ready for
Environmental Analysis, and Soliciting Comments, Recommendations, and
Preliminary Terms and Conditions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent License--Transmission Line Only.
    b. Project No.: P-2678-006.
    c. Date filed: April 24, 2014.
    d. Applicant: Pacific Gas and Electric Company.
    e. Name of Project: Narrows No. 2 Transmission Line Project.
    f. Location: The Narrows No. 2 Transmission Line Project is located
within the Yuba River watershed, in Yuba and Nevada counties,
California. The project originates on public land administered by the
United States Army Corps of Engineers.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Mark Stewart, Pacific Gas and Electric
Company, 4636 Missouri Flat Road, Placerville, CA, 95667. Tel: (530)
621-7243 or by email at<EMAIL_ADDRESS>    i. FERC Contact: Jim Fargo,<PHONE_NUMBER> or<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests, comments,
recommendations, preliminary terms and conditions: 60 days from the
issuance date of this notice; reply comments are due 105 days from the
issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, recommendations, preliminary
terms and conditions, and preliminary fishway prescriptions using the
Commission's eFiling system 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>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-2678-006.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person 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. This application has been accepted for filing and is now is
ready for environmental analysis.
    l. The project includes about 1,638 feet (0.31 mile) of three-
phase, 60-kilovolt transmission line from the Yuba County Water
Authority's (YCWA) Narrows No. 2 Powerhouse (a component of FERC
Project No. 2246), in Yuba County, to PG&E's Narrows No. 2 substation.
    PG&E is not proposing to modify the existing project and does not
plan any changes to the operation or maintenance of the transmission
line.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may 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. For assistance, contact FERC Online Support. A
copy is also available for inspection and reproduction at the address
in item h above.
    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, contact FERC
Online Support.
    n. 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. 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.
    All filings must (1) bear in all capital letters the title
``PROTEST'', ``MOTION TO INTERVENE'', ``COMMENTS,'' ``REPLY COMMENTS,''
``RECOMMENDATIONS,'' or ``PRELIMINARY TERMS AND CONDITIONS;'' (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 protesting or intervening;
and (4) otherwise comply with the requirements of 18 CFR 385.2001
through 385.2005. All comments, recommendations, or terms and
conditions must set forth their evidentiary basis and otherwise comply
with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of
the application directly from the applicant. A copy of any protest or
motion to intervene must be served upon each representative of the
applicant specified in the particular application. A copy of all other
filings in reference to this application 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 4.34(b) and
385.2010.
    o. Procedural Schedule:
    The application will be processed according to the following
revised Hydro Licensing Schedule. Revisions to the schedule may be made
as appropriate.

------------------------------------------------------------------------
               Milestone                               Date
------------------------------------------------------------------------
Filing of recommendations, and           August 2014.
 preliminary terms and conditions.
Commission issues EA...................  September 2014.
------------------------------------------------------------------------

    p. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice.
    q. A license applicant must file no later than 60 days following
the date of issuance of the notice of acceptance and ready for
environmental analysis provided for in 5.22: (1) A copy of the water
quality certification; (2) a copy of the request for certification,
including proof of the date on which the certifying agency received the
request; or (3) evidence of waiver of water quality certification.

    Dated: June 9, 2014.
Kimberly D. Bose,
 Secretary .
[FR Doc. 2014-13866 Filed 6-12-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)]
[Proposed Rules]
[Pages 11611-11614]
[FR Doc No: 2015-04281]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2015-0032; FRL-9922-68]

Receipt of Several Pesticide Petitions Filed for Residues of
Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of filing of petitions and request for comment.

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

SUMMARY: This document announces the Agency's receipt of several
initial filings of pesticide petitions requesting the establishment or
modification of regulations for residues of pesticide chemicals in or
on various commodities.

DATES: Comments must be received on or before April 3, 2015.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the pesticide petition number (PP) of interest as shown
in the body of this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online

instructions for submitting comments. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division
(RD) (7505P), main telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>Robert McNally, Biopesticides and Pollution
Prevention Division (BPPD), (7511P), main telephone number: (703) 305-
7090; email address<EMAIL_ADDRESS>The mailing address for each
contact person is: Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001. As part of the mailing address, include the contact person's
name, division, and mail code. The division to contact is listed at the
end of each pesticide petition summary.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
    [emsp14]Crop production (NAICS code 111).
    [emsp14]Animal production (NAICS code 112).
    [emsp14]Food manufacturing (NAICS code 311).
    [emsp14]Pesticide manufacturing (NAICS code 32532).
    If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed under FOR
FURTHER INFORMATION CONTACT for the division listed at the end of the
pesticide petition summary of interest.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. What action is the Agency taking?

    EPA is announcing its receipt of several pesticide petitions filed
under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a, requesting the establishment or modification of
regulations in 40 CFR part 180 for residues of pesticide chemicals in
or on various food commodities. The Agency is taking public comment on
the requests before responding to the petitioners. EPA is not proposing
any particular action at this time. EPA has determined that the
pesticide petitions described in this document contain the data or
information prescribed in FFDCA section 408(d)(2), 21 U.S.C.
346a(d)(2); however, EPA has not fully evaluated the sufficiency of the
submitted data at this time or whether the data support granting of the
pesticide petitions. After considering the public comments, EPA intends
to evaluate whether and what action may be warranted. Additional data
may be needed before EPA can make a final determination on these
pesticide petitions.
    Pursuant to 40 CFR 180.7(f), a summary of each of the petitions
that are the subject of this document, prepared by the petitioner, is
included in a docket EPA has created for each rulemaking. The docket
for each of the petitions is available at http://www.regulations.gov.
    As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA
is publishing notice of the petition so that the public has an
opportunity to comment on this request for the establishment or
modification of regulations for residues of pesticides in or on food
commodities. Further information on the petition may be obtained
through the petition summary referenced in this unit.

New Tolerance

    1. PP 4E8298. (EPA-HQ-OPP-2014-0591). Interregional Research
Project Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton,
NJ 08540, requests to establish a tolerance in 40 CFR part 180 for
residues of the insecticide methoxyfenozide, including its metabolites
and degradates in or on the following raw agricultural commodities
under paragraph (a): Chive, fresh leaves at 30.0 parts per million
(ppm); fruit, stone, group 12-12, except plum, prune, fresh at 3.0 ppm;
and nut, tree, group 14-12 at 0.10 ppm. It is also proposed that the
following tolerances under paragraph (a) be removed upon approval of
the proposed tolerances listed above: Fruit, stone, group 12, except
plum, prune, fresh at 3.0 ppm; pistachio at 0.10 ppm; and nut, tree,
group 14 at 0.10 ppm; and in paragraph (d), chive at 4.5 ppm be
removed. Adequate methods are available for tolerance enforcement in
primary crops and animal commodities. Contact: RD.
    2. PP 4E8304. (EPA-HQ-OPP-2014-OPP-2014-0681). Sumitomo Chemical
Latin America through U.S. Agent Valent USA Corporation, 1600 Riviera
Avenue, Suite 200, Walnut Creek, CA 94596, requests to establish an
import tolerance in 40 CFR part 180 for residues of the insecticide,
etoxazole, 2-(2,6-difluorophenyl)-4-[4-(1,1-dimethylethyl)-2-
ethoxyphenyl]-4,5-dihydrooxazole, in or on orange and orange oil at
0.08 ppm and 1.8 ppm. The gas chromatography with mass-selective
detection (GC/MSD) enforcement

analytical method is used to measure and evaluate the chemical.
Contact: RD.
    3. PP 4E8311. (EPA-HQ-OPP-2014-0784). Interregional Research
Project Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton,
NJ 08540, requests to establish a tolerance in 40 CFR part 180 for
residues of the insecticide, flubendiamide, (N2-1,1-dimethyl-2-
(methylsulfonyl)ethyl-3-iodo-N1-2-methyl-4-1,2,2,2-tetrafluoro-1-
(trifluoromethyl)ethylphenyl-1,2-benzenedicarboxamide) in or on the
following: Bushberry subgroup 13-07B at 8.0 ppm; Vegetable, fruiting
group 8-10 at 0.60 ppm; Fruit, pome, group 11-10 at 1.5 ppm; Fruit,
stone, group 12-12 at 1.6 ppm; Nut, tree, group 14-12 at 0.06 ppm; and
Sunflower, subgroup 20B at 5.0 ppm. Upon the approval of the
aforementioned tolerances, the petitioner requests to remove the
established tolerances for flubendiamide in or on Fruit, pome, group 11
at 1.5 ppm; Fruit, stone, group 12 at 1.6 ppm; Nut, tree, group 14 at
0.06 ppm; Safflower, seed at 5.0 ppm; and Sunflower, seed at 5.0 ppm.
Independently validated, analytical methods for crop matrices have been
submitted for measuring flubendiamide. Typically, plant matrices
samples are extracted, concentrated, and quantified by Liquid
Chromotography with tandem mass spectrometry (LC/MS/MS) using
deuterated internal standards. Contact: RD.
    4. PP 4E8319. (EPA-HQ-OPP-2014-0822). Interregional Research
Project Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton,
NJ 08540, requests to establish a tolerance in 40 CFR part 180 for
residues of azoxystrobin (methyl (E)-2-{2-[6-(2-cyanophenoxy)pyrimidin-
4-yloxy]phenyl{time} -3-methoxyacrylate) and the Z isomer of
azoxystrobin, (methyl (Z)-2-{2-[6-(2- cyanophenoxy)pyrimidin-4-
yloxy]pheny1{time} -3-methoxyacrylate) in or on the raw agricultural
commodities Ti palm, leaves at 50 ppm; Ti palm, roots at 0.5 ppm;
Fruit, stone, group 12-12 at 2.0 ppm; and Nut, tree, group 14-12 at
0.02 ppm. Upon the approval of the aforementioned tolerances, the
petitioner requests to remove the established tolerances for
azoxystrobin in or on the raw agricultural commodities Fruit, stone,
group 12 at 1.5 ppm; and Nut, tree, group 14 at 0.02 ppm. An adequate
analytical method, gas chromatography with nitrogen-phosphorus
detection (GC-NPD) or in mobile phase by high performance liquid
chromatography with ultra-violet detection (HPLC-UV), is available for
enforcement purposes with a limit of detection that allows monitoring
of food with residues at or above the levels set in these tolerances.
Contact: RD
    5. PP 4E8330. (EPA-HQ-OPP-2014-0879). Interregional Research
Project No. 4 (IR-4), IR-4 Headquarters, 500 College Road East, Suite
201 W, Princeton, NJ, requests to establish a tolerance in 40 CFR part
180 for residues of the herbicide, penoxsulam (2-(2,2-difluoroethoxy)-
N-(5,8-dimethoxy[1,2,4] triazolo[1,5-c]pyrimidin-2-yl)-6-
(trifluoromethyl)benzenesulfonamide) in or on the following raw
agricultural commodities: Fruit, pome, group 11-10 at 0.01 ppm, Fruit,
stone, group 12-12 at 0.01 ppm, Fruit, small, vine climbing, subgroup
13-07F, except Fuzzy kiwifruit at 0.01 ppm, Nut, tree, group 14-12 at
0.01 ppm, Olive at 0.01 ppm, and Pomegranate at 0.01 ppm. In addition,
the petitioner proposes based upon the establishment of the just
mentioned new tolerances, removal of existing tolerances at 40 CFR
180.605 for Grape at 0.01 ppm, Nut, tree, group 14 at 0.01 ppm and
Pistachio at 0.01 ppm. The residues of penoxsulam were determined using
the analytical method GRM 04.09 which involves sample extraction and
preparation procedures, and analyses by liquid chromatography with
positive-ion electrospray tandem mass spectrometry (LC/MS/MS). Contact:
RD
    6. PP 4F8239. (EPA-HQ-OPP-2015-0031). Syngenta Crop Protection,
LLC. 410 Swing Road. P.O. Box 18300. Greensboro, NC 27419, requests to
establish a tolerance in 40 CFR 180.637 for residues of the fungicide,
mandipropamid, in or on potato at 0.08 ppm. The RAM 415-02 is used to
measure and evaluate the chemical mandipropamid. Contact: RD.

Amended Tolerance

    1. PP 4E8298. (EPA-HQ-OPP-2014-0591). Interregional Research
Project Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton,
NJ 08540, requests to amend the tolerances in 40 CFR 180.544 for
residues of the insecticide, methoxyfenozide in or on onion, green,
subgroup 3-07B at 5.0 ppm to onion, green, subgroup 3-07B, except chive
at 5.0 ppm; and herb subgroup 19A, except chive at 400 ppm to Herb
subgroup 19A, except chive, fresh leaves at 400 ppm. Adequate methods
are available for tolerance enforcement in primary crops and animal
commodities. Contact: RD.
    2. PP 4F8329. (EPA-HQ-OPP-2015-0031). Syngenta Crop Protection,
LLC. 410 Swing Road. P.O. Box 18300. Greensboro, NC 27419, requests to
amend the tolerance in 40 CFR 180.637 for residues of the fungicide,
mandipropamid, in or on potato, wet peel at 0.12 parts per million
(ppm), and amend the current tolerance commodity terminology which
contains potato from ``vegetable, tuberous and corm, subgroup 1C'', to
``vegetable, tuberous and corm, subgroup 1C, except potato''. The RAM
415-02 analytical method is used to measure and evaluate the chemical
mandipropamid. Contact: RD.

New Tolerance Exemption

    1. IN 10713. (EPA-HQ-OPP-2014-0630). ISK Biosciences Corporation,
7470 Auburn Road, Suite A, Concord, OH 44077, requests to establish an
exemption from the requirement of a tolerance for residues of dimethyl
sulfoxide (CAS No.67-68-5), when used as a pesticide inert ingredient
in pesticide formulations as a diluent in cyclaniliprole only
formulations in accordance with 40 CFR 180.920. The petitioner believes
no analytical method is needed because it is not required for the
establishment of a tolerance exemption for inert ingredients. Contact:
RD.
    2. IN-10720. (EPA-HQ-OPP-2014-0633). BASF Corporation, 26 Davis
Drive, P.O. Box 13528 Research Triangle Park, NC, 27709, requests to
establish an exemption from the requirement of a tolerance for residues
of methanesulfonic acid (CAS No. 75- 75-2), when used as a pesticide
inert ingredient in pesticide formulations for use on animals and in
food contact surface sanitizing solutions. The petitioner believes no
analytical method is needed because the request is for an exemption
from the requirement of a tolerance. Contact: RD.
    3. IN-10748. (EPA-HQ-OPP-2014-0783). Huntsman Corporation (8600
Gosling Road, The Woodlands, TX 77381, requests to establish an
exemption from the requirement of a tolerance for residues of benzyl
acetate (CAS No. 140-11-4), when used as a pesticide inert ingredient
in pesticide formulations on growing crops under 40 CFR 180.920. The
petitioner believes no analytical method is needed because the request
is for an exemption from the requirement of a tolerance. Contact: RD.
    4. IN 10766. (EPA-HQ-OPP-2014-0793). West Agro, Inc., 11100 N.
Congress Ave., Kansas City, MO 64153, requests to establish an
exemption from the requirement of a tolerance for residues of acetic
acid (CAS No. 64-19-7) when used as a pesticide inert ingredient in
pesticide formulations not to exceed a concentration of 1,200 ppm, in a
sanitizing end use product for use on dairy processing equipment and
food-processing equipment and utensils under 40 CFR 180.940(b) and

180.940(c). The petitioner believes no analytical method is needed
because it is not required for the establishment of a tolerance
exemption for inert ingredients. Contact: RD.
    5. PP 4F8287. (EPA-HQ-OPP-2015-0023). CP Bio, Inc., 4802 Murrieta
Street, Chino, CA 91710, requests to establish an exemption from the
requirement of a tolerance in 40 CFR part 180 for residues of the
biochemical plant growth regulator, Choline Chloride (Acetyl Choline),
in or on all raw agricultural commodities, when applied pre-harvest.
The analytical method High-Performance Liquid Chromatographic (HPLC)
Analysis is available to EPA for the detection and measurement of the
pesticide residue. Contact: BPPD.
    6. PP 4F8292. (EPA-HQ-OPP-2015-0017). Suterra LLC, 20950 NE Talus
Place, Bend, OR 97701, requests to establish an exemption from the
requirement of a tolerance in 40 CFR part 180 for residues of the
arthropod pheromone, lavandulyl senecioate, in or on all raw
agricultural commodities when applied to growing crops at a rate not to
exceed 150 grams active ingredient/acre/year in accordance with good
agricultural practices. The petitioner believes no analytical method is
needed because significant residues of the pheromone active ingredient
are not possible if use rates are limited to 150 grams pheromone active
ingredient per acre per year. Contact: BPPD.
    7. PP 4F8313. (EPA-HQ-OPP-2014-0896). Technology Sciences Group,
Inc., 712 Fifth St., Suite A, Davis, CA 95616 (on behalf of EctoPharma
Ltd., Dunsdale Rd., Selkirk, TD7 5EB, United Kingdom), requests to
establish an exemption from the requirement of a tolerance in 40 CFR
part 180 for residues of the insecticide, 1,2-Octanediol, in or on all
food commodities. The petitioner believes no analytical method is
needed because it is expected that when the pesticide containing 1,2-
Octanediol is used as proposed, it would not result in residues that
are of toxicological concern. Contact: BPPD.

    Authority: 21 U.S.C. 346a.

    Dated: February 18, 2015.
Susan T. Lewis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2015-04281 Filed 3-3-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 94 (Wednesday, May 15, 2013)]
[Notices]
[Pages 28666-28669]
[FR Doc No: 2013-11452]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69537; File No. SR-CBOE-2013-045]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of a Proposed Rule Change, as Modified
by Amendment Nos. 1 and 2, Relating to Trading Permit Holder Business
Continuity Plans

May 8, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on April 24, 2013, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. On May 7, 2013, the Exchange filed Amendment No. 1 to the
proposed rule change.\3\ On May 8, 2013, the Exchange filed Amendment
No. 2 to the proposed rule change.\4\ The Commission is publishing this
notice to solicit comments on the proposed rule change, as modified by
Amendment Nos. 1 and 2, from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, the Exchange modified Exhibit 1 to
provide a statutory basis for the proposed rule change.
    \4\ In Amendment No. 2, the Exchange modified Exhibit 1 to
replace Section II.B, Self-Regulatory Organization's Statement on
Burden on Competition.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Rule 4.3 to require Trading Permit
Holders (``TPHs'') to create and maintain a Business Continuity Plan
(``BCP''). The text of the proposed rule change is provided below.

(additions are italicized; deletions are [bracketed])
* * * * *
Chicago Board Options Exchange, Incorporated Rules
* * * * *
    Rule 4.3. [Reserved] Business Continuity Plans
    [Reserved.]
    (a) Each TPH must create and maintain a written business continuity
plan identifying procedures relating to an emergency or significant
business disruption. Such procedures must be reasonably designed to
enable the TPH to meet its existing obligations to customers. In
addition, such procedures must address the TPH's existing relationships
with other broker-dealers and third parties. The business continuity
plan must be made available promptly upon request to Exchange staff.
    (b) Each TPH must update its plan in the event of any material
change to the TPH's operations, structure, business or location. Each
TPH must also conduct an annual documented review of its business
continuity plan to determine whether any modifications are necessary in
light of changes to the TPH's operations, structure, business, or
location. TPHs must designate a member of senior management to approve
the plan and he or she shall be responsible for conducting the required
annual review. The review must be made available promptly upon request
to Exchange staff. In connection to an annual review, each TPH must
conduct an annual test of its business continuity plan if such TPH has
public customers. If the TPH does not have public customers, the TPH
must only conduct such testing once every two years. The initial
testing of a TPHs business continuity plan should be made within one
calendar year of the approval of this rule. In addition, each TPH must
conduct such testing during the first calendar year of becoming a TPH.
    (c) The elements that comprise a business continuity plan are
flexible and may be tailored to the size and needs of a TPH. Each plan,
however, must at a minimum, address:
    (1) Data back-up and recovery (hard copy and electronic);
    (2) All mission critical systems;
    (3) Financial and operational assessments;
    (4) Alternate communications between customers and the TPH;
    (5) Alternate communications between the TPH and its employees;
    (6) Alternate physical location of employees;
    (7) Critical business constituent, bank, and counter-party impact;
    (8) Regulatory reporting;
    (9) Communications with regulators, including the Exchange; and
    (10) How the TPH will assure customers' prompt access to their
funds and securities in the event that the TPH determines that it is
unable to continue its business.
    Each TPH must address the above-listed categories to the extent
applicable and necessary. If any of the above-listed categories is not
applicable, the TPH's business continuity plan need not address the
category. The TPH's

business continuity plan, however, must document the rationale for not
including such category in its plan. If a TPH relies on another entity
for any one of the above-listed categories or any mission critical
system, the TPH's business continuity plan must address this
relationship.
    (d) Each TPH must disclose to its customers how its business
continuity plan addresses the possibility of a future significant
business disruption and how the TPH plans to respond to events of
varying scope. At a minimum, such disclosure must be made in writing to
customers at account opening, posted on the TPH's Web site (if the TPH
maintains a Web site), and mailed to customers upon request.
    (e) Emergency Contact.
    (i) Each TPH shall report to the Exchange, via such electronic or
other means as the Exchange may specify, prescribed emergency contact
information for the TPH. The emergency contact information for the TPH
includes designation of two associated persons as emergency contact
persons. The emergency contact person shall be a member of senior
management of the TPH and have knowledge of the TPH's business
operations. A TPH with only one associated person shall designate as a
second emergency contact person an individual, either registered with
another firm or nonregistered, who has knowledge of the TPH's business
operations (e.g., the member's attorney, accountant, or clearing firm
contact).
    (ii) Each TPH must promptly update its emergency contact
information, via such electronic or other means as the Exchange may
specify, in the event of any material change. With respect to the
designated emergency contact persons, each TPH must identify, review,
and, if necessary, update such designations.
    * * * Interpretations and Policies:
    (01.) For purposes of this Rule, ``Mission critical system'' means
any system that is necessary, depending on the nature of a TPH's
business, to ensure prompt and accurate processing of securities
transactions, including, but not limited to, order taking, order entry,
execution, comparison, allocation, clearance and settlement of
securities transactions, the maintenance of customer accounts, access
to customer accounts and the delivery of funds and securities.
    (.02) For purposes of this Rule, ``Financial and operational
assessment'' means a set of written procedures that allow a TPH to
identify changes in its operational, financial, and credit risk
exposures.
    (.03) For purposes of paragraph (b), each TPH must conduct a risk
analysis to identify and quantify those areas of its business that are
critical to day to day operation of business. Based upon this analysis,
the TPH should test their business continuity plan to verify potential
impacts. At a minimum each TPH should test Mission Critical areas that
support its operations including, but not limited to, testing of
financing lines that support the day to day functioning of the
business. This testing should culminate in a report that identifies the
date of the test, what areas of the business that were tested, who
participated in the test, the result of the test, the identification of
recommendations, and a timeframe to implement such recommendations.
This report must be approved and signed by a member of senior
management.
* * * * *
CBOE Stock Exchange (CBSX)
Rules
* * * * *

Appendix A--Applicability of Rules of the Exchange

* * * * *

4.3 Business Continuity Plans

* * * * *
    The text of the proposed rule change is also available on the
Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, 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
    The Exchange is proposing to amend Rule 4.3 to require TPHs to
create and maintain a BCP. Currently, the Exchange has no such
requirement. The Exchange believes adopting this new requirement will
ensure TPHs are prepared in the event of an emergency or other
disruption to their business. A disruption could be a natural disaster
which could inhibit one or more functions of the TPHs business or could
be more technical in nature like a systems failure of one or more of
the TPHs systems. In addition, the disruption could be caused by a
third party. For example, the Exchange may be unable to operate which
would cause a disruption for the TPH. By creating a requirement [sic]
each TPH must have a BCP, the Exchange is attempting to better ensure
the marketplace will not be disrupted in the case of an emergency or
other circumstance. Thus, the Exchange is proposing to adopt language
in Rule 4.3 to outline this requirement for TPHs. The proposed rule
change would also add text to CBOE Stock Exchange (``CBSX'') Appendix A
to make explicit the proposed Rule 4.3 would apply to CBSX as well.
    The proposed rule change will require TPHs to create and maintain a
written BCP identifying procedures relating to an emergency or
significant business disruption. These procedures must be reasonably
designed to meet the TPH's customers' needs and address existing
relationships with broker-dealers and other third parties. The Exchange
believes that adding such requirement will ensure that TPHs are
prepared to react to such instance [sic] which could potentially
negatively impact their participation on the Exchange. In addition, the
proposed rule change would require TPHs to make the BCP promptly
available to Exchange staff upon request. This requirement would allow
the Exchange to regulate these plans while ensuring TPHs are in
compliance with the proposed rule change.
    The proposed rule change further requires TPHs to update their BCPs
upon any material change. At a minimum, TPHs will be required to
conduct a documented annual review of the BCP. TPHs must designate a
member of senior management to approve the BCP, and he or she shall be
responsible for conducting this annual review. The proposed rule change
would require TPHs to make this review promptly available to Exchange
staff upon request. An annual documented review requirement ensures
that TPH BCPs will be re-visited on a periodic basis if not already
done so and also allows the Exchange to request the review for
compliance of the Rule. By requiring the annual review to be conducted
by a member of senior management, the Exchange is ensuring that the
appropriate employees of the TPH are

aware of the procedures in place. In connection to an annual review,
each TPH must conduct testing of its BCP.
    The proposed rule change would require at least an annual test of
the BCP if the TPH has public customers or once every two years if the
TPH does not have public customers. In addition, the proposed rule
change would require the testing of the BCP to be completed upon the
first calendar year of becoming a TPH. This testing timeframe
requirement will help to ensure that the BCP is effective prior to the
necessary use of such plan. The Exchange is also proposing to add
language to describe what the test should entail and how it should be
documented. More specifically, the Exchange is proposing to add
language stating that each TPH must conduct a risk analysis to identify
and quantify those areas of its business that are critical to day to
day operation of business. Based upon this analysis, the TPH should
test their business continuity plan to verify potential impacts. The
Exchange is proposing to state that at a minimum each TPH should test
Mission Critical areas which would include, but not be limited to,
testing of financing lines that support the day to day functioning of
the business. The Exchange believes that by adding this element to the
testing requirements, TPHs will need to test critical functions of
their operations and their ability to sustain in the event something
should effects its business.
    The Exchange is further proposing to add language specifying that
this testing should culminate in a report that identifies the date of
the test, what areas of the business that were tested, who participated
in the test, the result of the test, the identification of
recommendations, and a timeframe to implement such recommendations.
This report must be approved and signed by a member of senior
management. The Exchange believes documentation of this testing is
critical for purposes of not only documenting the test was
administered, but the required recommendations will help the TPH in
distinguishes potential areas in the BCP that could use improvements.
The Exchange also believes that requiring the testing to be signed by a
member of senior management would ensure the correct people are looking
at the strength of the BCP and potential holes within it giving those
weaknesses a better chance of being improved upon. The Exchange is
finally proposing to require this testing to be completed within one
year of the approval of this rule. A new TPH will have one calendar
year from becoming a TPH to test their BCP.
    Next, the proposed rule change enumerates the minimum elements, to
the extent those elements are applicable and necessary to the TPH's
business, that such BCP must address. More specifically, the proposed
rule change requires the BCP at a minimum addresses: (1) Data back-up
and recovery (hard copy and electronic), (2) all mission critical
systems, (3) financial and operational assessments, (4) alternate
communications between customers and the TPH, (5) alternate
communications between the TPH and its employees, (6) alternate
physical location of employees, (7) critical business constituent,
bank, and counter-party impact, (8) regulatory reporting, (9)
communications with regulators, including the Exchange, and (10) how
the TPH will assure customers' prompt access to their funds and
securities in the event that the TPH determines that it is unable to
continue its business. The Exchange is proposing to add Rule 4.3.01 to
define, for purposes of this proposed rule, ``mission critical system''
as any system that is necessary (depending on the nature of the TPH's
business) to ensure prompt and accurate processing of securities
transaction which would include but not be limited to, ``order taking,
order entry, execution, comparison, allocation, clearance and
settlement of securities transactions, the maintenance of customer
accounts, access to customer accounts, and the delivery of funds and
securities.'' In addition, the Exchange is proposing to add Rule 4.3.02
to define, for purposes of this proposed rule, ``Financial and
operation assessment'' as ``a set of written procedures that allow a
TPH to identify changes in its operational, financial, and credit risk
exposure.''
    If these elements are not applicable to a certain TPH, that TPH
must document the rationale for not including the element within their
BCP. In addition, if the TPH relies on another entity for any of the
listed minimum elements, the TPH must address this structure in the
BCP. By creating minimum elements, the Exchange is hoping to maintain
an element of consistency in the BCPs while ensuring the BCPs are
comprehensive and fulfilling their purpose. The Exchange does, however,
realize that all TPHs are unique, and thus, not all elements may be
applicable. Rather than allow for TPHs to merely disregard these
elements, the Exchange is proposing to require TPHs to specifically
refer to why these elements are not applicable to their business within
their BCP.
    Each TPH also must disclose to its customers how its BCP addresses
the possibility of a future significant business disruption and how the
member plans to respond to events of varying scope. Each TPH must make
this disclosure, at a minimum, in writing to customers at account
opening, by posting it on the TPH's Web site (if the member maintains a
Web site), and by mailing it to customers upon request. The creation of
a BCP is not fully effective unless all customers of a TPH are aware of
the procedures in place. The Exchange believes this requirement
protects investors by giving them notice to the TPHs anticipated
responses to certain circumstances. It further allows the customers of
TPHs to prepare appropriate procedures as well.
    The proposed rule change also requires each TPH to report
information for two emergency contacts. These contacts shall be members
of the senior management of the TPH, or in the case the TPH only has
one member of Senior Management, the emergency contact may be an
individual who has knowledge of the TPH's business operations. This
requirement requires these contacts remain up to date and allows the
Exchange to contact the correct person at a TPH in the event the TPH
must utilize the procedures in place in the BCP. Finally, the proposed
rule change would also add text to CBSX Appendix A to make explicit the
proposed Rule 4.3 would apply to CBSX members as well. The Exchange
believes this text will serve to create a consistency between the
Exchange and CBSX.
    The Exchange will announce the implementation date of the proposed
rule change in a Regulatory Circular to be published no later than 30
days following the approval date. The implementation date will be no
later than 90 days following the approval date.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\5\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \6\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to,

and facilitating transactions in securities, to remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest. Additionally, the Exchange believes the proposed rule change
is consistent with the Section 6(b)(5) \7\ requirement that the rules
of an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers because the proposed rule
change will require all TPHs to create and maintain a BCP regardless of
the kind of business they perform on the Exchange. In particular, the
proposed rule change will help ensure that TPHs are prepared in the
event of a significant business disruption. This will seek to stabilize
the market in the event a TPH, or multiple TPHs at the same time,
face(s) a situation where their participation in the market place might
be compromised. In addition, other exchanges [sic] have similar rules
\8\ requiring procedures in place for these situations, and, thus, the
Exchange believes harmonizing these requirements would protect the
marketplace as a whole.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ Id.
    \8\ See Financial Industry Regulatory Authority Rule (``FINRA'')
Rule 4370.
---------------------------------------------------------------------------

    The Exchange also believes the proposed rule change is consistent
with Section 6(b)(1) of the Act,\9\ which provides that the Exchange be
organized and have the capacity to be able to carry out the purposes of
the Act and to enforce compliance by the Exchange's Trading Permit
Holders and persons associated with its Trading Permit Holders with the
Act, the rules and regulations thereunder, and the rules of the
Exchange. Specifically, the Exchange believes that requiring TPHs to
have a BCP helps to ensure TPHs have the ability to continue to comply
with the Act and Exchange rules in instances of an emergency or other
disruption.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b)(1).
---------------------------------------------------------------------------

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. Specifically, the Exchange does
not believe requiring TPHs to create and maintain a BCP will burden
competition as it will not change any activity on the Exchange.
Instead, the proposed rule change will require TPHs to have a plan to
function as they normally do in the event of an emergency or other
severe business disruption.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    A. By order approve or disapprove such proposed rule change, or
    B. institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml ); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2013-045 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2013-045. 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 20549-1090, on official business days between the hours of 10:00
a.m. and 3:00 p.m. Copies of such filing also will be available for
inspection and copying at the principal offices of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2013-045, and should be
submitted on or before June 5, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-11452 Filed 5-14-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 61 (Wednesday, March 30, 2022)]
[Notices]
[Page 18362]
[FR Doc No: 2022-06696]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL22-27-000]

Notice of Institution of Section 206 Proceeding and Refund
Effective Date; Alabama Power Company, Georgia Power Company,
Mississippi Power Company

    On March 24, 2022, the Commission issued an order in Docket No.
EL22-27-000, pursuant to section 206 of the Federal Power Act (FPA), 16
U.S.C. 824e, instituting an investigation into whether Southern Company
Services, Inc.'s \1\ formula rate protocols are unjust, unreasonable,
unduly discriminatory or preferential, or otherwise unlawful. Alabama
Power Company, et al., 178 FERC ] 61,207 (2022).
---------------------------------------------------------------------------

    \1\ Alabama Power Company, Georgia Power Company, and
Mississippi Power Company are Southern's electric public utility
subsidiaries. Alabama Power Company is the tariff administrator for
Southern's OATT. The Commission's eTariff database identifies
Southern's OATT as ``Alabama Power Company, OATT and Associated
Service Agreements, Tariff Volume No. 5, Southern Companies OATT.''
---------------------------------------------------------------------------

    The refund effective date in Docket No. EL22-27-000, established
pursuant to section 206(b) of the FPA, will be the date of publication
of this notice in the Federal Register.
    Any interested person desiring to be heard in Docket No. EL22-27-
000 must file a notice of intervention or motion to intervene, as
appropriate, with the Federal Energy Regulatory Commission, in
accordance with Rule 214 of the Commission's Rules of Practice and
Procedure, 18 CFR 385.214 (2021), within 21 days of the date of
issuance of the order.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (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. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact FERC at
[email protected] or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFile'' link at
http://www.ferc.gov. In lieu of electronic filing, you may submit a
paper copy. Submissions sent via the U.S. Postal Service must be
addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.

    Dated: March 24, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-06696 Filed 3-29-22; 8:45 am]
BILLING CODE 6717-01-P