Chapter 43.17 RCW
ADMINISTRATIVE DEPARTMENTS AND AGENCIES -- GENERAL PROVISIONS
Chapter Listing | RCW Dispositions
Sections

43.17.010
Departments created.
43.17.020
Chief executive officers -- Appointment.
43.17.030
Powers and duties -- Oath.
43.17.040
Chief assistant director -- Powers.
43.17.050
Office at capital -- Branch offices.
43.17.060
Departmental rules and regulations.
43.17.070
Administrative committees.
43.17.095
Option to submit document, form, or payment electronically -- Requirements.
43.17.100
Surety bonds for appointive state officers and employees.
43.17.110
Data, information, interdepartmental assistance.
43.17.120
Designation of agency to carry out federal social security disability program.
43.17.130
Designation of agency to carry out federal social security disability program -- Appointment of personnel.
43.17.150
Receipt of property or money from United States attorney general -- Use, expenditure -- Deposit.
43.17.200
Allocation of moneys for acquisition of works of art -- Expenditure by arts commission -- Conditions.
43.17.205
Purchase of works of art -- Interagency reimbursement for expenditure by visual arts program.
43.17.210
Purchase of works of art -- Procedure.
43.17.230
Emergency information telephone services -- Accessibility from all phones required -- Charges.
43.17.240
Debts owed to the state -- Interest rate.
43.17.250
Countywide planning policy.
43.17.310
Businesses -- Rules coordinator to provide list of rules.
43.17.320
Interagency disputes -- Alternative dispute resolution -- Definitions.
43.17.330
Interagency disputes -- Alternative dispute resolution -- Methods.
43.17.340
Interagency disputes -- Alternative dispute resolution -- Exception.
43.17.350
Health-related state agencies -- Professional health services -- Fee schedules.
43.17.360
Lease of real property -- Term of a lease -- Use of proceeds -- Retroactive application.
43.17.370
Prerelease copy of report or study to local government.
43.17.380
Quality management, accountability, and performance system -- Definitions.
43.17.385
Quality management, accountability, and performance system.
43.17.390
Quality management, accountability, and performance system -- Independent assessment.
43.17.400
Disposition of state-owned land -- Definitions -- Notice.
43.17.410
Sensitive personal information of vulnerable individuals or in-home caregivers for vulnerable populations -- Release of information prohibited.
NOTES:
Collection agency use by state: RCW 19.16.500.
Debts owed to state, interest rate: RCW 43.17.240.
Facilitating recovery from Mt. St. Helens eruption -- Scope of state agency action: RCW 43.01.210.

43.17.010
Departments created.
There shall be departments of the state government which shall be known as (1) the department of social and health services, (2) the department of ecology, (3) the department of labor and industries, (4) the department of agriculture, (5) the department of fish and wildlife, (6) the department of transportation, (7) the department of licensing, (8) the department of enterprise services, (9) the department of commerce, (10) the department of veterans affairs, (11) the department of revenue, (12) the department of retirement systems, (13) the department of corrections, (14) the department of health, (15) the department of financial institutions, (16) the department of archaeology and historic preservation, (17) the department of early learning, and (18) the Puget Sound partnership, which shall be charged with the execution, enforcement, and administration of such laws, and invested with such powers and required to perform such duties, as the legislature may provide.
[ 2011 1st sp.s. c 43 § 107; 2009 c 565 § 25; 2007 c 341 § 46; 2006 c 265 § 111; 2005 c 333 § 10. Prior: 1993 sp.s. c 2 § 16; 1993 c 472 § 17; 1993 c 280 § 18; 1989 1st ex.s. c 9 § 810; 1987 c 506 § 2; 1985 c 466 § 47; 1984 c 125 § 12; 1981 c 136 § 61; 1979 c 10 § 1; prior: 1977 ex.s. c 334 § 5; 1977 ex.s. c 151 § 20; 1977 c 7 § 1; prior: 1975-'76 2nd ex.s. c 115 § 19; 1975-'76 2nd ex.s. c 105 § 24; 1971 c 11 § 1; prior: 1970 ex.s. c 62 § 28; 1970 ex.s. c 18 § 50; 1969 c 32 § 1; prior: 1967 ex.s. c 26 § 12; 1967 c 242 § 12; 1965 c 156 § 20; 1965 c 8 § 43.17.010; prior: 1957 c 215 § 19; 1955 c 285 § 2; 1953 c 174 § 1; prior: (i) 1937 c 111 § 1, part; RRS § 10760-2, part. (ii) 1935 c 176 § 1; 1933 c 3 § 1; 1929 c 115 § 1; 1921 c 7 § 2; RRS § 10760. (iii) 1945 c 267 § 1, part; Rem. Supp. 1945 § 10459-1, part. (iv) 1947 c 114 § 5; Rem. Supp. 1947 § 10786-10c.]
NOTES:
Effective date -- Purpose -- 2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective date -- 2007 c 341: See RCW 90.71.907.
Effective date -- 2006 c 265: See RCW 43.215.905.
Effective date -- 1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.
Effective date -- Implementation -- 1993 c 472: See RCW 43.320.900 and 43.320.901.
Effective date -- 1993 c 280: See RCW 43.330.902.
Effective date -- Severability -- 1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020.
Effective date -- Severability -- 1985 c 466: See notes following RCW 43.31.005.
Headings -- Effective date -- 1984 c 125: See RCW 43.63A.902 and 43.63A.903.
Effective date -- 1981 c 136: See RCW 72.09.900.
Effective date -- 1977 ex.s. c 334: See note following RCW 46.01.011.
Federal requirements -- 1977 ex.s. c 151: See RCW 47.98.070.
Severability -- 1975-'76 2nd ex.s. c 105: See note following RCW 41.04.270.
Effective date -- Severability -- 1970 ex.s. c 18: See notes following RCW 43.20A.010.
Department of
agriculture: Chapter 43.23 RCW.
archaeology and historic preservation: Chapter 43.334 RCW.
commerce: Chapter 43.330 RCW.
corrections: Chapter 72.09 RCW.
early learning: Chapter 43.215 RCW.
ecology: Chapter 43.21A RCW.
employment security: Chapter 50.08 RCW.
enterprise services: Chapter 43.19 RCW.
financial institutions: Chapter 43.320 RCW.
fish and wildlife: Chapters 43.300 and 77.04 RCW.
health: Chapter 43.70 RCW.
labor and industries: Chapter 43.22 RCW.
licensing: Chapters 43.24, 46.01 RCW.
natural resources: Chapter 43.30 RCW.
personnel: Chapter 41.06 RCW.
retirement systems: Chapter 41.50 RCW.
revenue: Chapter 82.01 RCW.
services for the blind: Chapter 74.18 RCW.
social and health services: Chapter 43.20A RCW.
transportation: Chapter 47.01 RCW.
veterans affairs: Chapter 43.60A RCW.

43.17.020
Chief executive officers -- Appointment.
There shall be a chief executive officer of each department to be known as: (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of fish and wildlife, (6) the secretary of transportation, (7) the director of licensing, (8) the director of enterprise services, (9) the director of commerce, (10) the director of veterans affairs, (11) the director of revenue, (12) the director of retirement systems, (13) the secretary of corrections, (14) the secretary of health, (15) the director of financial institutions, (16) the director of the department of archaeology and historic preservation, (17) the director of early learning, and (18) the executive director of the Puget Sound partnership.
Such officers, except the director of fish and wildlife, shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. The director of fish and wildlife shall be appointed by the fish and wildlife commission as prescribed by RCW 77.04.055.
[ 2011 1st sp.s. c 43 § 108; 2009 c 565 § 26; 2007 c 341 § 47; 2006 c 265 § 112. Prior: 2005 c 333 § 11; 2005 c 319 § 2; 1995 1st sp.s. c 2 § 2 (Referendum Bill No. 45, approved November 7, 1995); prior: 1993 sp.s. c 2 § 17; 1993 c 472 § 18; 1993 c 280 § 19; 1989 1st ex.s. c 9 § 811; 1987 c 506 § 3; 1985 c 466 § 48; 1984 c 125 § 13; 1981 c 136 § 62; 1979 c 10 § 2; prior: 1977 ex.s. c 334 § 6; 1977 ex.s. c 151 § 21; 1977 c 7 § 2; prior: 1975-'76 2nd ex.s. c 115 § 20; 1975-'76 2nd ex.s. c 105 § 25; 1971 c 11 § 2; prior: 1970 ex.s. c 62 § 29; 1970 ex.s. c 18 § 51; 1969 c 32 § 2; prior: 1967 ex.s. c 26 § 13; 1967 c 242 § 13; 1965 c 156 § 21; 1965 c 8 § 43.17.020; prior: 1957 c 215 § 20; 1955 c 285 § 3; 1953 c 174 § 2; prior: (i) 1935 c 176 § 2; 1933 c 3 § 2; 1929 c 115 § 2; 1921 c 7 § 3; RRS § 10761. (ii) 1937 c 111 § 1, part; RRS § 10760. (iii) 1945 c 267 § 1, part; Rem. Supp. 1945 § 10459-1, part.]
NOTES:
Effective date -- Purpose -- 2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective date -- 2007 c 341: See RCW 90.71.907.
Effective date -- 2006 c 265: See RCW 43.215.905.
Findings -- Intent -- 2005 c 319: "The legislature finds that it is in the interest of the state to restructure the roles and responsibilities of the state's transportation agencies in order to improve efficiency and accountability. The legislature also finds that continued citizen oversight of the state's transportation system remains an important priority. To achieve these purposes, the legislature intends to provide direct accountability of the department of transportation to the governor, in his or her role as chief executive officer of state government, by making the secretary of transportation a cabinet-level official. Additionally, it is essential to clearly delineate between the separate and distinct roles and responsibilities of the executive and legislative branches of government. The role of executive is to oversee the implementation of transportation programs, while the legislature reserves to itself the role of policymaking. Finally, consolidating public outreach and auditing of the state's transportation agencies under a single citizen-governed entity, the transportation commission, will provide the public with information about the performance of the transportation system and an avenue for direct participation in its oversight." [ 2005 c 319 § 1.]
Part headings -- 2005 c 319: "Part headings used in this act are no part of the law." [ 2005 c 319 § 142.]
Effective dates -- 2005 c 319: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005, except for section 103 of this act which takes effect July 1, 2006." [ 2005 c 319 § 145.]
Effective date -- 1995 1st sp.s. c 2: "Sections 2 through 43 of this act shall take effect July 1, 1996." [ 1995 1st sp.s. c 2 § 45.]
Referral to electorate -- 1995 1st sp.s. c 2: See note following RCW 77.04.013.
Effective date -- 1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.
Effective date -- Implementation -- 1993 c 472: See RCW 43.320.900 and 43.320.901.
Effective date -- 1993 c 280: See RCW 43.330.902.
Effective date -- Severability -- 1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020.
Effective date -- Severability -- 1985 c 466: See notes following RCW 43.31.125.
Headings -- Effective date -- 1984 c 125: See RCW 43.63A.902 and 43.63A.903.
Effective date -- 1981 c 136: See RCW 72.09.900.
Effective date -- 1977 ex.s. c 334: See note following RCW 46.01.011.
Federal requirements -- 1977 ex.s. c 151: See RCW 47.98.070.
Severability -- 1975-'76 2nd ex.s. c 105: See note following RCW 41.04.270.
Effective date -- Severability -- 1970 ex.s. c 18: See notes following RCW 43.20A.010.

43.17.030
Powers and duties -- Oath.
The directors of the several departments shall exercise such powers and perform such executive and administrative duties as are provided by law.
Each appointive officer before entering upon the duties of his or her office shall take and subscribe the oath of office prescribed by law for elective state officers, and file the same in the office of the secretary of state.
[ 2009 c 549 § 5058; 1965 c 8 § 43.17.030. Prior: 1921 c 7 § 18; RRS § 10776.]
NOTES:
Oaths of elective state officers: RCW 43.01.020.

43.17.040
Chief assistant director -- Powers.
The director of each department may, from time to time, designate and deputize one of the assistant directors of his or her department to act as the chief assistant director, who shall have charge and general supervision of the department in the absence or disability of the director, and who, in case a vacancy occurs in the office of director, shall continue in charge of the department until a director is appointed and qualified, or the governor appoints an acting director.
[ 2009 c 549 § 5059; 1965 c 8 § 43.17.040. Prior: 1921 c 7 § 118; RRS § 10876.]

43.17.050
Office at capital -- Branch offices.
Each department shall maintain its principal office at the state capital. The director of each department may, with the approval of the governor, establish and maintain branch offices at other places than the state capital for the conduct of one or more of the functions of his or her department.
The governor, in his or her discretion, may require all administrative departments of the state and the appointive officers thereof, other than those created by this chapter, to maintain their principal offices at the state capital in rooms to be furnished by the director of enterprise services.
[ 2015 c 225 § 62; 2009 c 549 § 5060; 1965 c 8 § 43.17.050. Prior: (i) 1921 c 7 § 20; RRS § 10778. (ii) 1921 c 7 § 134; RRS § 10892.]
NOTES:
Departments to share occupancy -- Capital projects surcharge: RCW 43.01.090.
Housing for state offices, departments, and institutions: Chapter 43.82 RCW.

43.17.060
Departmental rules and regulations.
The director of each department may prescribe rules and regulations, not inconsistent with law, for the government of his or her department, the conduct of its subordinate officers and employees, the disposition and performance of its business, and the custody, use, and preservation of the records, papers, books, documents, and property pertaining thereto.
[ 2009 c 549 § 5061; 1965 c 8 § 43.17.060. Prior: 1921 c 7 § 19; RRS § 10777.]

43.17.070
Administrative committees.
There shall be administrative committees of the state government, which shall be known as: (1) The state finance committee and (2) the state capitol committee.
[ 1982 c 40 § 8; 1965 c 8 § 43.17.070. Prior: 1929 c 115 § 3; 1921 c 7 § 4; RRS § 10762.]
NOTES:
Severability -- 1982 c 40: See note following RCW 29A.12.020.
State capitol committee: Chapter 43.34 RCW.
State finance committee: Chapter 43.33 RCW.

43.17.095
Option to submit document, form, or payment electronically -- Requirements.
(1) In any instance where a state agency requires that a business submit a document, form, or payment of a fee in paper format, the state agency must provide the business an option to submit such requirement electronically.
(2) A business may authorize a second party to meet the requirements imposed by a state agency under subsection (1) of this section on its behalf.
(3) The director of a state agency or the director's designee may exempt a document, form, or payment of a fee from the requirements of this section if:
(a)(i) There is a legal requirement for such materials to be submitted in paper format; or
(ii) It is not technically or fiscally feasible or practical, or in the best interest of businesses for such materials to be submitted electronically; and
(b) Within existing resources, the director or the director's designee establishes and maintains a process to notify the public regarding such exemptions.
(4) Agencies must add the capability to submit existing documents, forms, and fees electronically as part of their normal operations. New documents, forms, and fees required of a business must be capable of electronic submission within a reasonable time following either their creation or the implementation of the new requirement.
(5) Agencies must document how they plan to transition from paper to electronic forms.
[ 2012 c 127 § 1.]

43.17.100
Surety bonds for appointive state officers and employees.
Every appointive state officer and employee of the state shall give a surety bond, payable to the state in such sum as shall be deemed necessary by the director of the department of enterprise services, conditioned for the honesty of the officer or employee and for the accounting of all property of the state that shall come into his or her possession by virtue of his or her office or employment, which bond shall be approved as to form by the attorney general and shall be filed in the office of the secretary of state.
The director of enterprise services may purchase one or more blanket surety bonds for the coverage required in this section.
Any bond required by this section shall not be considered an official bond and shall not be subject to chapter 42.08 RCW.
[ 2015 c 225 § 63; 2009 c 549 § 5062; 1977 ex.s. c 270 § 7; 1975 c 40 § 6; 1965 c 8 § 43.17.100. Prior: 1921 c 7 § 16; RRS § 10774.]
NOTES:
Construction -- 1977 ex.s. c 270: See RCW 43.41.901.
Official bonds: Chapter 42.08 RCW.
Powers and duties of director of enterprise services as to official bonds: RCW 43.19.784.

43.17.110
Data, information, interdepartmental assistance.
Where power is vested in a department or officer to inspect, examine, secure data or information from, or procure assistance from, another department or officer, such other department or officer shall submit to such inspection or examination, and furnish the data, information, or assistance required.
[ 1965 c 8 § 43.17.110. Prior: 1921 c 7 § 128; RRS § 10886.]

43.17.120
Designation of agency to carry out federal social security disability program.
Such state agency as the governor may designate is hereby authorized to enter into an agreement on behalf of the state with the Secretary of Health, Education and Welfare to carry out the provisions of the federal social security act, as amended, relating to the making of determinations of disability under title II of such act.
[ 1965 c 8 § 43.17.120. Prior: 1955 c 200 § 1. Formerly RCW 74.44.010.]
NOTES:
Federal social security for public employees: Chapters 41.33, 41.41, 41.47, and 41.48 RCW.

43.17.130
Designation of agency to carry out federal social security disability program -- Appointment of personnel.
The state agency entering into such agreement shall appoint such professional personnel and other assistants and employees as may be reasonably necessary to carry out the provisions of RCW 43.17.120 and 43.17.130.
[ 1965 c 8 § 43.17.130. Prior: 1955 c 200 § 2. Formerly RCW 74.44.020.]

43.17.150
Receipt of property or money from United States attorney general -- Use, expenditure -- Deposit.
(1) Each state agency is authorized to receive property or money made available by the attorney general of the United States under section 881(e) of Title 21 of the United States Code and, except as required to the contrary under subsection (2) of this section, to use the property or spend the money for such purposes as are permitted under both federal law and the state law specifying the powers and duties of the agency.
(2) Unless precluded by federal law, all funds received by a state agency under section 881(e) of Title 21 of the United States Code shall be promptly deposited into the state general fund.
[ 2009 c 479 § 27; 1986 c 246 § 1.]
NOTES:
Effective date -- 2009 c 479: See note following RCW 2.56.030.

43.17.200
Allocation of moneys for acquisition of works of art -- Expenditure by arts commission -- Conditions.
All state agencies including all state departments, boards, councils, commissions, and quasi public corporations shall allocate, as a nondeductible item, out of any moneys appropriated for the original construction of any public building, an amount of one-half of one percent of the appropriation to be expended by the Washington state arts commission for the acquisition of works of art. The works of art may be placed on public lands, integral to or attached to a public building or structure, detached within or outside a public building or structure, part of a portable exhibition or collection, part of a temporary exhibition, or loaned or exhibited in other public facilities. In addition to the cost of the works of art, the one-half of one percent of the appropriation as provided herein shall be used to provide for the administration of the visual arts program, including conservation of the state art collection, by the Washington state arts commission and all costs for installation of the works of art. For the purpose of this section building shall not include highway construction sheds, warehouses or other buildings of a temporary nature.
[ 2005 c 36 § 4; 1983 c 204 § 4; 1974 ex.s. c 176 § 2.]
NOTES:
Severability -- 1983 c 204: See note following RCW 43.46.090.
Acquisition of works of art for public buildings and lands -- Visual arts program established: RCW 43.46.090.
Purchase of works of art
interagency reimbursement for expenditure by visual arts program: RCW 43.17.205.
procedure: RCW 43.19.455.
State art collection: RCW 43.46.095.

43.17.205
Purchase of works of art -- Interagency reimbursement for expenditure by visual arts program.
The funds allocated under RCW 43.17.200, 28A.335.210, and 28B.10.025 shall be subject to interagency reimbursement for expenditure by the visual arts program of the Washington state arts commission when the particular law providing for the appropriation becomes effective. For appropriations which are dependent upon the sale of bonds, the amount or proportionate amount of the moneys under RCW 43.17.200, 28A.335.210, and 28B.10.025 shall be subject to interagency reimbursement for expenditure by the visual arts program of the Washington state arts commission thirty days after the sale of a bond or bonds.
[ 1990 c 33 § 574; 1983 c 204 § 3.]
NOTES:
Purpose -- Statutory references -- Severability -- 1990 c 33: See RCW 28A.900.100 through 28A.900.102.
Severability -- 1983 c 204: See note following RCW 43.46.090.

43.17.210
Purchase of works of art -- Procedure.
The Washington state arts commission shall determine the amount to be made available for the purchase of art in consultation with the agency, except where another person or agency is specified under RCW 43.19.455, 28A.335.210, or 28B.10.025, and payments therefor shall be made in accordance with law. The designation of projects and sites, selection, contracting, purchase, commissioning, reviewing of design, execution and placement, acceptance, maintenance, and sale, exchange, or disposition of works of art shall be the responsibility of the Washington state arts commission in consultation with the directors of the state agencies.
[ 2005 c 36 § 5; 1990 c 33 § 575; 1983 c 204 § 5.]
NOTES:
Purpose -- Statutory references -- Severability -- 1990 c 33: See RCW 28A.900.100 through 28A.900.102.
Severability -- 1983 c 204: See note following RCW 43.46.090.

43.17.230
Emergency information telephone services -- Accessibility from all phones required -- Charges.
(1) The legislature finds that when the state provides emergency information by telephone to citizens that is of a critical nature, such as road or weather hazards, the information should be accessible from all residential, commercial, and coin-operated telephones. Information such as road and weather conditions should be available to all persons traveling within the state whether they own a telephone in this state or not.
(2) If an agency or department of the state makes emergency information services available by telephone, the agency or department shall ensure that the telephone line is accessible from all coin-operated telephones in this state by both the use of coins and the use of a telephone credit card.
(3) A state agency that provides an emergency information service by telephone may establish charges to recover the cost of those services. However, an agency charging for the service shall not price it at a profit to create excess revenue for the agency. The agency shall do a total cost-benefit analysis of the available methods of providing the service and shall adopt the method that provides the service at the lowest cost to the user and the agency.
(4) "Emergency information services," as used in this section, includes information on road and weather conditions.
[ 1986 c 45 § 1.]

43.17.240
Debts owed to the state -- Interest rate.
Interest at the rate of one percent per month, or fraction thereof, shall accrue on debts owed to the state, starting on the date the debts become past due. This section does not apply to: (1) Any instance where such interest rate would conflict with the provisions of a contract or with the provisions of any other law; or (2) debts to be paid by other governmental units. The office of financial management may adopt rules specifying circumstances under which state agencies may waive interest, such as when assessment or collection of interest would not be cost-effective. This section does not affect any authority of the state to charge or collect interest under any other law on a debt owed to the state by a governmental unit. This section applies only to debts which become due on or after July 28, 1991.
[ 1991 c 85 § 2.]
NOTES:
Collection agency use by state: RCW 19.16.500.

43.17.250
Countywide planning policy.
(1) Whenever a state agency is considering awarding grants or loans for a county, city, or town planning under RCW 36.70A.040 to finance public facilities, it shall consider whether the county, city, or town requesting the grant or loan has adopted a comprehensive plan and development regulations as required by RCW 36.70A.040.
(2) If a comprehensive plan, development regulation, or amendment thereto adopted by a county, city, or town has been appealed to the growth management hearings board under RCW 36.70A.280, the county, city, or town may not be determined to be ineligible or otherwise penalized in the acceptance of applications or the awarding of state agency grants or loans during the pendency of the appeal before the board or subsequent judicial appeals. This subsection (2) applies only to counties, cities, and towns that have: (a) Delayed the initial effective date of the action subject to the petition before the board until after the board issues a final determination; or (b) within thirty days of receiving notice of a petition for review by the board, delayed or suspended the effective date of the action subject to the petition before the board until after the board issues a final determination.
(3) When reviewing competing requests from counties, cities, or towns planning under RCW 36.70A.040, a state agency considering awarding grants or loans for public facilities shall accord additional preference to those counties, cities, or towns that have adopted a comprehensive plan and development regulations as required by RCW 36.70A.040. For the purposes of the preference accorded in this section, a county, city, or town planning under RCW 36.70A.040 is deemed to have satisfied the requirements for adopting a comprehensive plan and development regulations specified in RCW 36.70A.040 if the county, city, or town:
(a) Adopts or has adopted a comprehensive plan and development regulations within the time periods specified in RCW 36.70A.040;
(b) Adopts or has adopted a comprehensive plan and development regulations before the state agency makes a decision regarding award recipients of the grants or loans if the county, city, or town failed to adopt a comprehensive plan and/or development regulations within the time periods specified in RCW 36.70A.040; or
(c) Demonstrates substantial progress toward adopting a comprehensive plan or development regulations within the time periods specified in RCW 36.70A.040. A county, city, or town that is more than six months out of compliance with the time periods specified in RCW 36.70A.040 shall not be deemed to demonstrate substantial progress for purposes of this section.
(4) The preference specified in subsection (3) of this section applies only to competing requests for grants or loans from counties, cities, or towns planning under RCW 36.70A.040. A request from a county, city, or town planning under RCW 36.70A.040 shall be accorded no additional preference based on subsection (3) of this section over a request from a county, city, or town not planning under RCW 36.70A.040.
(5) Whenever a state agency is considering awarding grants or loans for public facilities to a special district requesting funding for a proposed facility located in a county, city, or town planning under RCW 36.70A.040, it shall consider whether the county, city, or town in whose planning jurisdiction the proposed facility is located has adopted a comprehensive plan and development regulations as required by RCW 36.70A.040 and shall apply the standards in subsection (2) of this section and the preference specified in subsection (3) of this section and restricted in subsection (4) of this section.
[ 2013 c 275 § 2; 1999 c 164 § 601; 1991 sp.s. c 32 § 25.]
NOTES:
Findings -- Intent -- Part headings and subheadings not law -- Effective date -- Severability -- 1999 c 164: See notes following RCW 43.160.010.
Savings -- 1999 c 164 §§ 301-303, 305, 306, and 601-603: See note following RCW 82.60.020.
Section headings not law -- 1991 sp.s. c 32: See RCW 36.70A.902.

43.17.310
Businesses -- Rules coordinator to provide list of rules.
The rules coordinator under RCW 34.05.310 shall be knowledgeable regarding the agency's rules that affect businesses. The rules coordinator shall provide a list of agency rules applicable at the time of the request to a specific class or line of business, which are limited to that specific class or line as opposed to generic rules applicable to most businesses, to the *business assistance center when so requested by the *business assistance center for the specific class or line of business.
[ 1992 c 197 § 5.]
NOTES:
*Reviser's note: The business assistance center and its powers and duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085, 43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June 30, 1996.

43.17.320
Interagency disputes -- Alternative dispute resolution -- Definitions.
For purposes of RCW 43.17.320 through 43.17.340, "state agency" means:
(1) Any agency for which the executive officer is listed in RCW 42.17A.705(1); and
(2) The office of the secretary of state; the office of the state treasurer; the office of the state auditor; the department of natural resources; the office of the insurance commissioner; and the office of the superintendent of public instruction.
[ 2011 c 60 § 35; 1993 c 279 § 2.]
NOTES:
Effective date -- 2011 c 60: See RCW 42.17A.919.
Intent -- 1993 c 279: "It is the intent of the legislature to reduce the number of time-consuming and costly lawsuits between state agencies by establishing alternative dispute resolution processes available to any agency." [ 1993 c 279 § 1.]

43.17.330
Interagency disputes -- Alternative dispute resolution -- Methods.
Whenever a dispute arises between state agencies, agencies shall employ every effort to resolve the dispute themselves without resorting to litigation. These efforts shall involve alternative dispute resolution methods. If a dispute cannot be resolved by the agencies involved, any one of the disputing agencies may request the governor to assist in the resolution of the dispute. The governor shall employ whatever dispute resolution methods that the governor deems appropriate in resolving the dispute. Such methods may include, but are not limited to, the appointment by the governor of a mediator, acceptable to the disputing agencies, to assist in the resolution of the dispute. The governor may also request assistance from the attorney general to advise the mediator and the disputing agencies.
[ 1993 c 279 § 3.]
NOTES:
Intent -- 1993 c 279: See note following RCW 43.17.320.

43.17.340
Interagency disputes -- Alternative dispute resolution -- Exception.
RCW 43.17.320 and 43.17.330 shall not apply to any state agency that is a party to a lawsuit, which: (1) Impleads another state agency into the lawsuit when necessary for the administration of justice; or (2) files a notice of appeal, petitions for review, or makes other filings subject to time limits, in order to preserve legal rights and remedies.
[ 1993 c 279 § 4.]
NOTES:
Intent -- 1993 c 279: See note following RCW 43.17.320.

43.17.350
Health-related state agencies -- Professional health services -- Fee schedules.
For the purpose of accurately describing professional health services purchased by the state, health-related state agencies may develop fee schedules based on billing codes and service descriptions published by the American medical association or the United States federal health care financing administration, or develop agency unique codes and service descriptions.
[ 1995 1st sp.s. c 6 § 20.]
NOTES:
Effective date -- 1995 1st sp.s. c 6: See note following RCW 28A.400.410.

43.17.360
Lease of real property -- Term of a lease -- Use of proceeds -- Retroactive application.
(1) The department of social and health services and other state agencies may lease real property and improvements thereon to a consortium of three or more counties in order for the counties to construct or otherwise acquire correctional facilities for juveniles or adults.
(2) A lease governed by subsection (1) of this section shall not charge more than one dollar per year for the land value and facilities value, during the initial term of the lease, but the lease may include provisions for payment of any reasonable operation and maintenance expenses incurred by the state.
The initial term of a lease governed by subsection (1) of this section shall not exceed twenty years, except as provided in subsection (4) of this section. A lease renewed under subsection (1) of this section after the initial term shall charge the fair rental value for the land and improvements other than those improvements paid for by a contracting consortium. The renewed lease may also include provisions for payment of any reasonable operation and maintenance expenses incurred by the state. For the purposes of this subsection, fair rental value shall be determined by the commissioner of public lands in consultation with the department and shall not include the value of any improvements paid for by a contracting consortium.
(3) The net proceeds generated from any lease entered or renewed under subsection (1) of this section involving land and facilities on the grounds of eastern state hospital shall be used solely for the benefit of eastern state hospital programs for the long-term care needs of patients with mental disorders. These proceeds shall not supplant or replace funding from traditional sources for the normal operations and maintenance or capital budget projects. It is the intent of this subsection to ensure that eastern state hospital receives the full benefit intended by this section, and that such effect will not be diminished by budget adjustments inconsistent with this intent.
(4) The initial term of a lease under subsection (1) of this section entered into after January 1, 1996, and involving the grounds of eastern state hospital, shall not exceed fifty years. This subsection applies retroactively, and the department shall modify any existing leases to comply with the terms of this subsection. No other terms of a lease modified by this subsection may be modified unless both parties agree.
[ 1997 c 349 § 1; 1996 c 261 § 2.]
NOTES:
Severability -- 1997 c 349: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1997 c 349 § 2.]
Effective date -- 1997 c 349: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 13, 1997]." [ 1997 c 349 § 3.]

43.17.370
Prerelease copy of report or study to local government.
(1) An agency, prior to releasing a final report or study regarding management by a county, city, town, special purpose district, or other unit of local government of a program delegated to the local government by the agency or for which the agency has regulatory responsibility, shall provide copies of a draft of the report or study at least two weeks in advance of the release of the final report or study to the legislative body of the local government. The agency shall, at the request of a local government legislative body, meet with the legislative body before the release of a final report or study regarding the management of such a program.
(2) For purposes of this section, "agency" means an office, department, board, commission, or other unit of state government, other than a unit of state government headed by a separately elected official.
[ 1997 c 409 § 603.]
NOTES:
Part headings -- Severability -- 1997 c 409: See notes following RCW 43.22.051.

43.17.380
Quality management, accountability, and performance system -- Definitions.
As used in RCW 43.17.385 and 43.17.390:
(1) "State agency" or "agency" means a state agency, department, office, officer, board, commission, bureau, division, institution, or institution of higher education, and all offices of executive branch state government-elected officials, except agricultural commissions under Title 15 RCW.
(2) "Quality management, accountability, and performance system" means a nationally recognized integrated, interdisciplinary system of measures, tools, and reports used to improve the performance of a work unit or organization.
[ 2005 c 384 § 2.]
NOTES:
Findings -- 2005 c 384: "The legislature finds that:
(1) Citizens demand and deserve accountability of public programs and activities. Public programs must continuously improve accountability and performance reporting in order to increase public trust.
(2) Washington state government agencies must continuously improve their management and performance so citizens receive maximum value for their tax dollars.
(3) The application of best practices in performance management has improved results and accountability in many Washington state agencies and other jurisdictions.
(4) All Washington state agencies must develop a performance-based culture that can better demonstrate accountability and achievement." [ 2005 c 384 § 1.]

43.17.385
Quality management, accountability, and performance system.
(1) Each state agency shall, within available funds, develop and implement a quality management, accountability, and performance system to improve the public services it provides.
(2) Each agency shall ensure that managers and staff at all levels, including those who directly deliver services, are engaged in the system and shall provide managers and staff with the training necessary for successful implementation.
(3) Each agency shall, within available funds, ensure that its quality management, accountability, and performance system:
(a) Uses strategic business planning to establish goals, objectives, and activities consistent with the priorities of government, as provided in statute;
(b) Engages stakeholders and customers in establishing service requirements and improving service delivery systems;
(c) Includes clear, relevant, and easy-to-understand measures for each activity;
(d) Gathers, monitors, and analyzes activity data;
(e) Uses the data to evaluate the effectiveness of programs to manage process performance, improve efficiency, and reduce costs;
(f) Establishes performance goals and expectations for employees that reflect the organization's objectives; and provides for regular assessments of employee performance;
(g) Uses activity measures to report progress toward agency objectives to the agency director at least quarterly;
(h) Where performance is not meeting intended objectives, holds regular problem-solving sessions to develop and implement a plan for addressing gaps; and
(i) Allocates resources based on strategies to improve performance.
(4) Each agency shall conduct a yearly assessment of its quality management, accountability, and performance system.
(5) State agencies whose chief executives are appointed by the governor shall report to the governor on agency performance at least quarterly. The reports shall be included on the agencies', the governor's, and the office of financial management's web sites.
(6) The governor shall report annually to citizens on the performance of state agency programs. The governor's report shall include:
(a) Progress made toward the priorities of government as a result of agency activities; and
(b) Improvements in agency quality management systems, fiscal efficiency, process efficiency, asset management, personnel management, statutory and regulatory compliance, and management of technology systems.
(7) Each state agency shall integrate efforts made under this section with other management, accountability, and performance systems, including procedures implemented under chapter 43.42A RCW, undertaken under executive order or other authority.
[ 2014 c 68 § 6; 2005 c 384 § 3.]
NOTES:
Findings -- 2005 c 384: See note following RCW 43.17.380.

43.17.390
Quality management, accountability, and performance system -- Independent assessment.
Starting in 2012, and at least once every three years thereafter, each agency shall apply to the Washington state quality award, or similar organization, for an independent assessment of its quality management, accountability, and performance system. The assessment shall evaluate the effectiveness of all elements of its management, accountability, and performance system, including: Leadership, strategic planning, customer focus, analysis and information, employee performance management, and process improvement. The purpose of the assessment is to recognize best practice and identify improvement opportunities.
[ 2009 c 564 § 931; 2005 c 384 § 4.]
NOTES:
Effective date -- 2009 c 564: See note following RCW 2.68.020.
Findings -- 2005 c 384: See note following RCW 43.17.380.

43.17.400
Disposition of state-owned land -- Definitions -- Notice.
(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Disposition" means sales, exchanges, or other actions resulting in a transfer of land ownership.
(b) "State agencies" includes:
(i) The department of natural resources established in chapter 43.30 RCW;
(ii) The department of fish and wildlife established in chapter 43.300 RCW;
(iii) The department of transportation established in chapter 47.01 RCW;
(iv) The parks and recreation commission established in chapter 79A.05 RCW; and
(v) The department of enterprise services established in this chapter.
(2) State agencies proposing disposition of state-owned land must provide written notice of the proposed disposition to the legislative authorities of the counties, cities, and towns in which the land is located at least sixty days before entering into the disposition agreement.
(3) The requirements of this section are in addition and supplemental to other requirements of the laws of this state.
[ 2015 c 225 § 64; 2007 c 62 § 2.]
NOTES:
Finding -- Intent -- 2007 c 62: "The legislature recognizes that state agencies dispose of state-owned lands when these lands cannot be advantageously used by the agency or when dispositions are beneficial to the public's interest. The legislature also recognizes that dispositions of state-owned land can create opportunities for counties, cities, and towns wishing to purchase or otherwise acquire the lands, and citizens wishing to enjoy the lands for recreational or other purposes. However, the legislature finds that absent a specific requirement obligating state agencies to notify affected local governments of proposed land dispositions, occasions for governmental acquisition and public enjoyment of certain lands can be permanently lost.
Therefore, the legislature intends to enact an express and supplemental requirement obligating state agencies to notify local governments of proposed land dispositions." [ 2007 c 62 § 1.]
Severability -- 2007 c 62: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2007 c 62 § 13.]

43.17.410
Sensitive personal information of vulnerable individuals or in-home caregivers for vulnerable populations -- Release of information prohibited.
(1) To protect vulnerable individuals and their children from identity crimes and other forms of victimization, neither the state nor any of its agencies shall release sensitive personal information of vulnerable individuals or sensitive personal information of in-home caregivers for vulnerable populations, as those terms are defined in RCW 42.56.640.
[2017 c 4 § 10 (Initiative Measure No. 1501, approved November 8, 2016).]
NOTES:
Intent -- 2017 c 4 §§ 8, 10, and 11 (Initiative Measure No. 1501): See note following RCW 42.56.640.
Short title -- Intent -- Construction -- 2017 c 4 (Initiative Measure No. 1501): See notes following RCW 9.35.005.
loading

Original text
Contribute a better translation


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

1. Agency/ Subagency originating request: U. S. EPA, Manufacturing, Energy, and Transportation Div 2. OMB control number b. G None a_ 2 _ 0 _ 6 _ 0  _ 0 _ 1 _ 6 _ 2 __ __ __ __

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

7. Title: New Source Performance Standards ( NSPS), 40 CFR Part 60, Subpart TTT, Surface Coating of Plastic Parts for Business Machines 8. Agency form number( s): 1093.06 9. Keywords: Environmental Protection, Air pollution control, Clean Air Act 10. Abstract: This information collection request is used to monitor the compliance with 40 CFR part 60, Subpart TTT. Affected facilities will report startup, initial performance test, and retest information. Facilities will also report on a regular basis emission exceedences, changes to equipment, and other requirements.

11. Affected public ( Mark primary with " P" and all others that apply with " X")

a. Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 41 b. Total annual responses 121 1. Percentage of these responses collected electronically % c. Total annual hours requested 3,639 d. Current OMB inventory 3,639 e. Difference 0 f. Explanation of difference 1. Program Change 2. Adjustment 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) 0 c. Total annualized cost requested 0 d. Current OMB inventory 0 e. Difference f. Explanation of difference 1. Program change 2. Adjustment 0 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. _ P_ Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. Q Third party disclosure c. X Reporting 1. Q On occasion 2. Q Weekly 3. Q Monthly 4. X Quarterly 5. X Semi annually 6. Q Annually 7. Q Biannually 8. Q Other ( describe)

17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Anthony Raia Phone: 202 564 6045 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

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

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

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

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

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

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

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

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected; ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

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

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

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

Signature of Program Office Official John B. Rasnic Director, Manufacturing, Energy and Transportation Division Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information ( OEI) Date OMB 83 I 10/ 95


[Federal Register Volume 84, Number 61 (Friday, March 29, 2019)]
[Notices]
[Pages 12016-12017]
[FR Doc No: 2019-06117]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2019-13]

Petition for Exemption; Summary of Petition Received; Tyce Bluth

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

ACTION: Notice.

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

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

DATES: Comments on this petition must identify the petition docket
number and must be received on or before April 18, 2019.

ADDRESSES: Send comments identified by docket number FAA-2019-0138
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Michelle Ross<PHONE_NUMBER>, Office
of Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on March 25, 2019.
Brandon Roberts,
Deputy Executive Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2019-0138.
    Petitioner: Tyce Bluth.
    Section(s) of 14 CFR Affected: 121.311(a), (b), (c).
    Description of Relief Sought: Petitioner seeks relief from 14 CFR
part 121.311(b) to the extent required to use a non-FAA approved child
restraint system, Merritt Churchill belt

positioning booster seat, during all phases of flight while on board a
U.S.-certificated aircraft.

[FR Doc. 2019-06117 Filed 3-28-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 230 (Wednesday, November 30, 2016)]
[Notices]
[Pages 86371-86374]
[FR Doc No: 2016-28780]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79390; File No. SR-NYSE-2016-78]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending Rule 15 Relating to Pre-Opening Indications

November 23, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on November 17, 2016, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Rule 15 relating to pre-opening
indications. The proposed rule change is available on the Exchange's
Web site at www.nyse.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 15 relating to pre-opening
indications. The proposed rule changes would restore the obligation for
a DMM to publish a pre-opening indication if a security has not opened
by 10:00 a.m. Eastern Time and add a new parameter for when a pre-
opening indication should be published for lower-priced securities.
Background
    The Exchange recently amended Exchange rules to consolidate and
amend requirements relating to pre-opening indications in Rule 15.\4\
Rule 15(a) provides that a pre-opening indication will include the
security and the price range within which the opening price is
anticipated to occur and that a pre-opening indication will be
published via the securities information processor and proprietary data
feeds. Rule 15(b) specifies the conditions for publishing a pre-opening
indication, and Rule 15(b)(1) provides that a DMM will publish a pre-
opening indication, as described in Rule 15(e), before a security opens
if the opening transaction on the Exchange is anticipated to be at a
price that represents a change of more than the ``Applicable Price
Range'' from a specified ``Reference Price'' before the security opens.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release Nos. 78228 (July 5,
2016), 81 FR 44907 (July 11, 2016) (SR-NYSE-2016-24) (Approval
Order) and 77491 (March 31, 2016), 81 FR 20030 (April 6, 2016) (SR-
NYSE-2016-24) (``Opening Notice of Filing'') (``Opening Filing'').
The Exchange implemented the changes described in the Opening Filing
on September 12, 2016.
---------------------------------------------------------------------------

    Under Rule 15(c), the Reference Price for a security, other than an
ADR, is the securities last reported stale price on the Exchange, the
security's offering price in the case of an initial public offering
(``IPO''), or the security's last reported sale price in the securities
market from which the security is being transferred to the Exchange.
Rule 15(d)(1) provides that, except under conditions set forth in Rule
15(d)(2), the Applicable Price Range for determining whether to publish
a pre-opening indication will be 5%. Rule 15(d)(2) provides that if as
of 9:00 a.m. Eastern Time, the E-mini S&P 500 Futures are
2% from the prior day's closing price of the E-mini S&P 500 Futures,
when reopening trading following a market-wide trading halt under Rule
80B, or if the Exchange

determines that it is necessary or appropriate for the maintenance of a
fair and orderly market, the Applicable Price Range for determining
whether to publish a pre-opening indication will be 10%.
Proposed Rule Change
    The Exchange proposes to amend Rule 15(b)(1) to add another
condition for when a DMM would be required to publish a pre-opening
indication. As proposed, a DMM would be required to publish a pre-
opening indication if a security has not opened by 10:00 a.m. Eastern
Time. This requirement was previously set forth in rule text in Rule
123D(b) that was deleted in the Opening Filing.\5\ The Exchange
proposes to restore this requirement, as modified. Specifically, the
Exchange would not retain the prior rule text that required Executive
Floor Governor approval to extend the 30-minute time frame. The
Exchange believes that current Rule 15(e)(1), which requires a Floor
Governor to supervise and approve the publication of a pre-opening
indication, provides for appropriate oversight of the publication of a
pre-opening indication, including if such publication would be after
10:00 a.m.
---------------------------------------------------------------------------

    \5\ See Opening Notice of Filing, supra note 4 at 20031. Before
being amended in the Opening Filing, Rule 123D(b) provided: ``If an
indication is disseminated after the opening bell, it must be
considered a delayed opening. In addition, any stock that is not
opened with a trade or a reasonable quotation within 30 minutes
after the opening of business must be considered a delayed opening
(except for IPOs) and requires Floor Official supervision, as well
as an indication. That 30-minute time frame may only be extended by
an Executive Floor Governor on a Floor-wide basis.''
---------------------------------------------------------------------------

    The Exchange believes that restoring the requirement to publish a
pre-opening indication if a security is not opened by 10:00 a.m.
Eastern Time would promote transparency in the opening process for
securities that do not open on either a trade or a quote by such time.
The Exchange believes that there are limited circumstances when a
security would not be opened by 10:00 a.m. and for which a pre-opening
indication has not already been published. For example, if the reason a
security has not opened by 10:00 a.m. is due to an order imbalance, the
DMM would have already published a pre-opening indication, as required
by current Rule 15(b)(1). By contrast, if there is no trading interest
in a security, such as the first day of trading of a security listed on
a when issued basis, the proposed requirement to publish a pre-opening
indication for such security would provide investors with additional
information regarding the indicative price for such security so they
can evaluate whether to submit trading interest to participate in the
opening. The Exchange believes that 10:00 a.m. is an appropriate time
threshold for publishing a pre-opening indication in such circumstances
as it would provide sufficient time for the DMM to gather pricing
information for a security that may otherwise have no trading
interest.\6\
---------------------------------------------------------------------------

    \6\ For example, a security that is listed on a when issued
basis generally does not have an offering document that specifies a
price for such security. In the absence of trading interest to
provide an indication of how market participants would price such a
security, a DMM would have to look to other sources, such as
research analyst reports, to identify the appropriate pricing. The
Exchange notes that in such scenarios, there may be wide
fluctuations on the estimated price. The first published pre-opening
indication therefore may be wide, but would serve the purpose of
providing transparency regarding the potential pricing for such a
security.
---------------------------------------------------------------------------

    To effect this proposed change, the Exchange proposes to amend Rule
15(b)(1) to add sub-numbering within the paragraph, delete the phrase
``before the security opens'' as duplicative of a prior reference to
the same phrase, and add the new text, as follows (new text in italics,
deleted text bracketed):
    (b) Conditions for publishing a pre-opening indication:
    (1) A DMM will publish a pre-opening indication, as described in
paragraph (e), (i) before a security opens if the opening transaction
on the Exchange is anticipated to be at a price that represents a
change of more than the ``Applicable Price Range,'' as specified in
paragraph (d) of this Rule, from a specified ``Reference Price,'' as
specified in paragraph (c) of this Rule[, before the security opens];
or (ii) if a security has not opened by 10:00 a.m. Eastern Time.
    The Exchange also proposes to amend Rule 15(d) to add a new
Applicable Price Range for securities priced $3.00 and lower. As
proposed, for these securities, the Applicable Price Range would be
$0.15 on regular trading days. To effect this proposed change, the
Exchange proposes to amend Rule 15(d)(1) to provide that, except under
the conditions set forth in Rule 15(d)(2), the Applicable Price Range
for determining whether to publish a pre-opening indication would be 5%
for securities with a Reference Price over $3.00 and $0.15 for
securities with a Reference Price equal to or lower than $3.00. The
Exchange proposes to make a related change to Rule 15(d)(2) to provide
for what the Applicable Price Range would be for securities priced
$3.00 and lower if as of 9:00 a.m. Eastern Time, the E-mini S&P 500
Futures are  2% from the prior day's closing price of the
E-mini S&P 500 Futures, when reopening trading following a market-wide
trading halt under Rule 80B, or if the Exchange determines that it is
necessary or appropriate for the maintenance of a fair and orderly
market. As proposed, in such case, the Applicable Price Range would be
$0.30.
    The Exchange believes a price range movement of more than $0.15 for
lower-priced securities on regular trading days, and more than $0.30 on
more volatile trading days, would better reflect when an opening price
for such securities is significantly away from the Reference Price,
thus warranting a pre-opening indication. By contrast, the Exchange
believes that the current 5% Applicable Price Range applicable to
securities priced $3.00 and below is too narrow and would result in a
disproportionate number of pre-opening indications for these securities
as compared to how many pre-opening indications are required for
securities priced above $3.00. Requiring pre-opening indications when
they would not otherwise be warranted would also reduce the number of
securities that would be eligible to be opened by a DMM electronically.
For example, based on Exchange data from January 2016 through October
2016, if the Exchange had applied the 5% Applicable Price Range, there
would have been 13 securities requiring a pre-opening indication. By
contrast, using a $0.15 Applicable Price Change for this same period
would have resulted in only four securities requiring a pre-opening
indication.\7\ This reduced number of required pre-opening indications
would mean that more securities would have been eligible to be opened
electronically by the DMM. The Exchange further notes that the proposed
break point of which parameter would be used is based on the current
price buckets used in the Regulation NMS Plan to Address Extraordinary
Market Volatility (``LULD Plan'') (providing that securities priced
$3.00 and below are subject to wider percentage parameters than
securities priced above $3.00).\8\
---------------------------------------------------------------------------

    \7\ When applying the proposed double-wide Applicable Price
Change for volatile trading days, as provided for in Rule 15(d)(2),
to trade data from August 25, 2015, the change to a $0.30 Applicable
Price Change instead of a 10% Applicable Price Change would have
resulted in six securities requiring pre-opening indications instead
of 76. Similarly, applying these Applicable Price Changes to June
24, 2016, a 10% move would have resulted in 49 securities requiring
pre-opening indications, whereas a $0.30 parameter would have
resulted in one security requiring pre-opening indication.
    \8\ See Securities Exchange Act Release No. 77679 (April 21,
2016), 81 FR 24908 (April 27, 2016) (File No. 4-631) (Order
approving 10th Amendment to the LULD Plan).
---------------------------------------------------------------------------

* * * * *
    There are no technology changes associated with this proposed rule

change. However, because the proposed rule change would require DMMs to
change behavior, the Exchange will announce the operative date by a
Trader Update that describes the proposed changes. The Exchange will
publish this Trader Update no later than 10 days after the operative
date of this filing.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\9\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\10\ in particular, because it
is designed to prevent fraudulent and manipulative acts and practices,
promote just and equitable principles of trade, remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and protect investors and the public interest. The
Exchange believes that amending Rule 15(b)(1) to restore the
requirement that a pre-opening indication be published if a security
has not opened by 10:00 a.m. Eastern Time would remove impediments to
and perfect the mechanism of a free and open market and a national
market system because it would provide additional transparency to the
opening process if a security has not opened by 10:00 a.m. As such, the
Exchange believes that the proposal would advance the efficiency and
transparency of the opening process, thereby fostering accurate price
discovery at the open of trading. For the same reasons, the proposal is
also designed to protect investors as well as the public interest.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange further believes that providing for a $0.15 Applicable
Price Range for securities priced $3.00 and lower on regular trading
days, and a $0.30 Applicable Price Range for such securities on more
volatile trading days, would remove impediments to and perfect a free
and open market and a national market system because it would require a
wider range of price movement before a pre-opening indication must be
published for these lower-priced securities. The Exchange believes that
these proposed changes would balance the goal of providing price
transparency if there would be significant price dislocation in the
opening price of a security compared to the Reference Price with the
manual process involved with publishing pre-opening indications.
Moreover, the Exchange believes that any reduction in number of pre-
opening indications published for these lower-priced securities would
not result in less transparency because the Exchange would continue to
publish Order Imbalance Information for such securities, as provided
for in Rule 15(g).

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not intended to address competitive issues but rather promote greater
efficiency and transparency at the open of trading on the Exchange.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b
4(f)(6)(iii) thereunder.\13\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b 4(f)(6).
    \13\ In addition, Rule 19b 4(f)(6)(iii) requires the Exchange to
give the Commission written notice of the Exchange's intent to file
the proposed rule change, along with a brief description and text of
the proposed rule change, at least five business days prior to the
date of filing of the proposed rule change, or such shorter time as
designated by the Commission. The Exchange has satisfied this
requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b 4(f)(6) \14\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\15\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest.
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b 4(f)(6).
    \15\ 17 CFR 240.19b 4(f)(6)(iii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \16\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSE-2016-78 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2016-78. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change;

the Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSE-2016-78 and should be submitted on or before December 21, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-28780 Filed 11-29-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Notices]
[Pages 43665-43666]
[FR Doc No: 2018-18462]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Order On Intent To Revoke Market-Based Rate Authority

Before Commissioners: Kevin J. McIntyre, Chairman; Cheryl A.
LaFleur, Neil Chatterjee, and Richard Glick.

------------------------------------------------------------------------
                                                    Docket Nos.
------------------------------------------------------------------------
Electric Quarterly Reports..............  ER02-2001-020
L&L Energy LLC..........................  ER12-327-000
Bartram Lane LLC........................  ER12-2309-000
Aspirity Energy, LLC....................  ER16-1458-000
Palama, LLC.............................  ER10-2809-000
Promet Energy Partners, LLC.............  ER12-733-001
------------------------------------------------------------------------

    1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d
(2012), and 18 CFR part 35 (2017), require, among other things, that
all rates, terms, and conditions for jurisdictional services be filed
with the Commission. In Order No. 2001, the Commission revised its
public utility filing requirements and established a requirement for
public utilities, including power marketers, to file Electric Quarterly
Reports.\1\
---------------------------------------------------------------------------

    \1\ Revised Public Utility Filing Requirements, Order No. 2001,
FERC Stats. & Regs. ] 31,127, reh'g denied, Order No. 2001-A, 100
FERC ] 61,074, reh'g denied, Order No. 2001-B, 100 FERC ] 61,342,
order directing filing, Order No. 2001-C, 101 FERC ] 61,314 (2002),
order directing filing, Order No. 2001-D, 102 FERC ] 61,334, order
refining filing requirements, Order No. 2001-E, 105 FERC ] 61,352
(2003), order on clarification, Order No. 2001-F, 106 FERC ] 61,060
(2004), order revising filing requirements, Order No. 2001-G, 120
FERC ] 61,270, order on reh'g and clarification, Order No. 2001-H,
121 FERC ] 61,289 (2007), order revising filing requirements, Order
No. 2001-I, FERC Stats. & Regs. ] 31,282 (2008). See also Filing
Requirements for Electric Utility Service Agreements, 155 FERC ]
61,280, order on reh'g and clarification, 157 FERC ] 61,180 (2016)
(clarifying Electric Quarterly Reports reporting requirements and
updating Data Dictionary).
---------------------------------------------------------------------------

    2. The Commission requires sellers with market-based rate
authorization to file Electric Quarterly Reports summarizing
contractual and transaction information related to their market-based
power sales as a condition for retaining that authorization.\2\

Commission staff's review of the Electric Quarterly Reports indicates
that the following five public utilities with market-based rate
authorization have failed to file their Electric Quarterly Reports: L&L
Energy LLC, Bartram Lane LLC, Aspirity Energy, LLC, Palama, LLC, and
Promet Energy Partners, LLC. This order notifies these public utilities
that their market-based rate authorizations will be revoked unless they
comply with the Commission's requirements within 15 days of the date of
issuance of this order.
---------------------------------------------------------------------------

    \2\ See Refinements to Policies and Procedures for Market-Based
Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary
Services by Public Utilities, Order No. 816, FERC Stats. & Regs. ]
31,374 (2015), order on reh'g, Order No. 816-A, 155 FERC ] 61,188
(2016); Market-Based Rates for Wholesale Sales of Electric Energy,
Capacity and Ancillary Services by Public Utilities, Order No. 697,
FERC Stats. & Regs. ] 31,252, at P 3, clarified, 121 FERC ] 61,260
(2007), order on reh'g, Order No. 697-A, FERC Stats. & Regs. ]
31,268, clarified, 124 FERC ] 61,055, order on reh'g, Order No. 697-
B, FERC Stats. & Regs. ] 31,285 (2008), order on reh'g, Order No.
697-C, FERC Stats. & Regs. ] 31,291 (2009), order on reh'g, Order
No. 697-D, FERC Stats. & Regs. ] 31,305 (2010), aff'd sub nom. Mont.
Consumer Counsel v. FERC, 659 F.3d 910 (9th Cir. 2011), cert.
denied, sub nom. Public Citizen, Inc. v. FERC, 567 U.S. 934 (2012).
---------------------------------------------------------------------------

    3. In Order No. 2001, the Commission stated that,

[i]f a public utility fails to file a[n] Electric Quarterly Report
(without an appropriate request for extension), or fails to report
an agreement in a report, that public utility may forfeit its
market-based rate authority and may be required to file a new
application for market-based rate authority if it wishes to resume
making sales at market-based rates.\3\
---------------------------------------------------------------------------

    \3\ Order No. 2001, FERC Stats. & Regs. ] 31,127 at P 222.

---------------------------------------------------------------------------
    4. The Commission further stated that,

[o]nce this rule becomes effective, the requirement to comply with
this rule will supersede the conditions in public utilities' market-
based rate authorizations, and failure to comply with the
requirements of this rule will subject public utilities to the same
consequences they would face for not satisfying the conditions in
their rate authorizations, including possible revocation of their
authority to make wholesale power sales at market-based rates.\4\
---------------------------------------------------------------------------

    \4\ Id. P 223.

    5. Pursuant to these requirements, the Commission has revoked the
market-based rate tariffs of market-based rate sellers that failed to
submit their Electric Quarterly Reports.\5\
---------------------------------------------------------------------------

    \5\ See, e.g., Electric Quarterly Reports, 82 FR 60,976 (Dec.
26, 2017); Electric Quarterly Reports, 80 FR 58,243 (Sep. 28, 2015);
Electric Quarterly Reports, 79 FR 65,651 (Nov. 5, 2014).
---------------------------------------------------------------------------

    6. Sellers must file Electric Quarterly Reports consistent with the
procedures set forth in Order Nos. 2001, 768,\6\ and 770.\7\ The exact
filing dates for Electric Quarterly Reports are prescribed in 18 CFR
35.10b (2017). As noted above, Commission staff's review of the
Electric Quarterly Reports for the period up to the first quarter of
2018 identified five public utilities with market-based rate
authorization that failed to file Electric Quarterly Reports.
Commission staff contacted or attempted to contact these entities to
remind them of their regulatory obligations. Despite these reminders,
the public utilities listed in the caption of this order have not met
these obligations. Accordingly, this order notifies these public
utilities that their market-based rate authorizations will be revoked
unless they comply with the Commission's requirements within 15 days of
the issuance of this order.
---------------------------------------------------------------------------

    \6\ Electricity Market Transparency Provisions of Section 220 of
the Federal Power Act, Order No. 768, FERC Stats. & Regs. ] 31,336
(2012), order on reh'g, Order No. 768-A, 143 FERC ] 61,054 (2013),
order on reh'g, Order No. 768-B, 150 FERC ] 61,075 (2015).
    \7\ Revisions to Electric Quarterly Report Filing Process, Order
No. 770, FERC Stats. & Regs. ] 31,338 (2012).
---------------------------------------------------------------------------

    7. In the event that any of the above-captioned market-based rate
sellers has already filed its Electric Quarterly Reports in compliance
with the Commission's requirements, its inclusion herein is
inadvertent. Such market-based rate seller is directed, within 15 days
of the date of issuance of this order, to make a filing with the
Commission identifying itself and providing details about its prior
filings that establish that it complied with the Commission's Electric
Quarterly Report filing requirements.
    8. If any of the above-captioned market-based rate sellers does not
wish to continue having market-based rate authority, it may file a
notice of cancellation with the Commission pursuant to section 205 of
the FPA to cancel its market-based rate tariff.
    The Commission orders:
    (A) Within 15 days of the date of issuance of this order, each
public utility listed in the caption of this order shall file with the
Commission all delinquent Electric Quarterly Reports. If a public
utility subject to this order fails to make the filings required in
this order, the Commission will revoke that public utility's market-
based rate authorization and will terminate its electric market-based
rate tariff. The Secretary is hereby directed, upon expiration of the
filing deadline in this order, to promptly issue a notice, effective on
the date of issuance, listing the public utilities whose tariffs have
been revoked for failure to comply with the requirements of this order
and the Commission's Electric Quarterly Report filing requirements.
    (B) The Secretary is hereby directed to publish this order in the
Federal Register.

    By the Commission.

    Issued August 21, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-18462 Filed 8-24-18; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 24 (Wednesday, February 5, 2014)]
[Notices]
[Pages 6895-6896]
[FR Doc No: 2014-02370]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD14-6-000]

New York Independent System Operator, Inc.; Notice of Technical
Conference

    By order dated August 13, 2013, in Docket No. ER13-1380-000, the
Federal

Energy Regulatory Commission (Commission) addressed a proposal by the
New York Independent System Operator, Inc. (NYISO) to establish and
recognize a new capacity zone that would encompass NYISO Load Zones G,
H, I, and J (the G-J Locality).\1\ In its order, the Commission
directed its staff to hold a technical conference, in a separate
proceeding, to discuss with interested parties whether or not to model
Load Zone K as an export-constrained zone for future Demand Curve reset
proceedings.\2\
---------------------------------------------------------------------------

    \1\ New York Indep. Sys. Operator, Inc., 144 FERC ] 61,126
(2013).
    \2\ Id. P 56.
---------------------------------------------------------------------------

    Take notice that such conference will be held on February 26, 2014,
from 9:00 a.m. to approximately 1:00 p.m. (Eastern Time). The
conference will be held at the Federal Energy Regulatory Commission,
888 First Street NE., Washington, DC 20426. The technical conference
will be led by staff, and will be open for the public to attend. An
additional notice with further details and an agenda will be issued
later.
    Attendees may register in advance at the following Web page:
https://www.ferc.gov/whats-new/registration/zone-k-02-26-14-form.asp.
Advance registration is not required, but is encouraged. Parties
attending in person should still allow time to pass through building
security procedures before the 9:00am (Eastern Time) start time of the
conference.
    Following the conference, the Commission will consider post-
technical conference comments submitted on or before March 26, 2014.
Answers to post-technical conference comments are due by close of
business on or before April 16, 2014.
    The technical conference will be transcribed. Additionally, there
will be a free webcast of the conference available through
www.ferc.gov. The webcast will allow persons to listen to the technical
conference, but not participate. Anyone with Internet access interested
in viewing this conference can do so by navigating to www.ferc.gov
Calendar of Events and locating this event in the Calendar. The event
will contain a link to the webcast. Capitol Connection provides
technical support for the webcasts and offers the option of listening
to the conferences via phone-bridge for a fee. If you need technical
support, please visit www.CapitolConnections.org or call (703) 993-
3100.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an email to<EMAIL_ADDRESS>or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a FAX to<PHONE_NUMBER> with
the required accommodations.
    All interested persons are permitted to attend. For more
information about the technical conference, please contact:

Adria M. Woods (Technical Information), Office of Energy Market
Regulation, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>Sarah McKinley (Logistical Information), Office of External Affairs,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>
    Dated: January 28, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-02370 Filed 2-4-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53537-53538]
[FR Doc No: 2016-19242]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2016-84]

Petition for Exemption; Summary of Petition Received; TransPac
Aviation Academy

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

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

DATES: Comments on this petition must identify the petition docket
number and must be received on or before September 1, 2016.

ADDRESSES: Send comments identified by docket number {FAA-2016-
7131{time}  using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the

public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Alphonso W. Pendergrass (202) 267-
4713, Office of Rulemaking, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on August 5, 2016.
Dale Bouffiou,
Acting Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2016-7131.
    Petitioner: TransPac Aviation Academy.
    Section(s) of 14 CFR Affected: Sec.  141.63(a)(5)(ii).
    Description of Relief Sought: TransPac Aviation Academy request
exemption from Sec.  141.63(a)(5)(ii) requirement for a pass rate of
90% in order to be issued an Original Examination Authority for its
Part 141 flight school curriculum.

[FR Doc. 2016-19242 Filed 8-11-16; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 177 (Wednesday, September 12, 2012)]
[Proposed Rules]
[Pages 56175-56176]
[FR Doc No: 2012-22422]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 573

[Docket No. FDA-2012-F-0949]

Arcadia Biosciences, Inc.; Filing of Food Additive Petition
(Animal Use)

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of petition.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that
Arcadia Biosciences, Inc., has filed a petition proposing that the food
additive regulations be amended to provide for the safe use in dry dog
food of oil from a variety of bioengineered safflower.

DATES: Submit either electronic or written comments on the petitioner's
request for categorical exclusion from preparing an environmental
assessment or environmental impact statement by October 12, 2012.

ADDRESSES: Submit electronic comments to: http://www.regulations.gov.
Submit written comments to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Isabel W. Pocurull, Center for
Veterinary Medicine (HFV-226), Food and Drug Administration, 7519
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under section 409(b)(5) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 348(b)(5)), notice is given that a
food additive petition (FAP 2275) has been filed by Arcadia
Biosciences, Inc., 202 Cousteau Place, suite 200, Davis, CA

95618. The petition proposes to amend Title 21 of the Code of Federal
Regulations (CFR) in part 573 Food Additives Permitted in Feed and
Drinking Water of Animals (21 CFR part 573) to provide for the safe use
in dry dog food of oil from a variety of bioengineered safflower
(Carthamus tinctorius L.). The safflower variety has been bioengineered
to contain a gene from the water mold Saprolegnia diclina responsible
for production of gamma-linolenic acid (GLA) in the seed oil. This GLA-
enriched safflower oil will be used as a source of omega-6 fatty acids
in dry food for adult dogs.
    The petitioner has requested a categorical exclusion from preparing
an environmental assessment or environmental impact statement under 21
CFR 25.32(r). Interested persons may submit a single copy of either
electronic or written comments regarding this request for categorical
exclusion to the Division of Dockets Management (see DATES and
ADDRESSES). Identify comments with the docket number found in brackets
in the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.

    Dated: September 7, 2012.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. 2012-22422 Filed 9-11-12; 8:45 am]
BILLING CODE 4160-01-P