[Federal Register: August 24, 2007 (Volume 72, Number 164)]
[Notices]
[Page 48715-48716]
[DOCID:fr24au07-132]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56285; File No. SR-NASD-2007-049]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc. (n/k/a Financial Industry Regulatory Authority, Inc.);
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to NASD Rule 3013 and Accompanying Interpretive Material 3013

 August 17, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 16, 2007, the National Association of Securities Dealers, Inc.
(``NASD''), n/k/a Financial Industry Regulatory Authority, Inc.
(``FINRA''), filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been substantially prepared by
FINRA.\3\ FINRA has designated the proposed rule change as constituting
a ``non-controversial'' rule change under paragraph (f)(6) of Rule 19b-
4 under the Act,\4\ which renders the proposal effective upon receipt
of this filing by the Commission. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ On July 26, 2007, the Commission approved a proposed rule
change filed by NASD to amend NASD's Certificate of Incorporation to
reflect its name change to Financial Industry Regulatory Authority,
Inc., or FINRA, in connection with the consolidation of the member
firm regulatory functions of NASD and NYSE Regulation, Inc. See
Securities Exchange Act Release No. 56146 (July 26, 2007).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to amend NASD Rule 3013 and accompanying
Interpretive Material 3013 to permit members to designate co-chief
executive officers and multiple chief compliance officers to discharge
the requirements of those rules. The text of the proposed rule change
is available on FINRA's Web site (http://www.finra.org), at FINRA, 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, FINRA included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. FINRA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    NASD Rule 3013 (Annual Certification of Compliance and Supervisory
Processes) is intended to bolster attention to members' compliance
programs by requiring substantial and purposeful interaction between
business and compliance officers throughout the member firm. To that
end, Rule 3013(a) requires each member to designate and specifically
identify on Schedule A of the Uniform Application for Broker-Dealer
Registration (``Form BD'') a principal to serve as chief compliance
officer (``CCO''). Rule 3013(b) requires that the chief executive
officer (``CEO'') certify annually that the member has in place
processes to establish, maintain, review, test and modify written
policies and procedures reasonably designed to achieve compliance with
applicable NASD rules, MSRB rules and federal securities laws and
regulations.
    The certification language and additional guidance are set forth in
Interpretive Material (``IM'') 3013. The certification includes not
only a statement that the member has in place certain compliance
processes, but also that the CEO has conducted one or more meetings
with the CCO in the preceding 12 months to discuss those processes. The
interpretive material explains that the mandated meetings between the
CEO and CCO must include a discussion of the member's compliance
efforts to date and identify and address significant compliance
problems and plans for emerging business areas. The IM further sets
forth the expertise that is expected of a CCO, including the process of
gaining an understanding of a member's products, services and line
functions that need to be the subject of compliance policies and
written supervisory procedures.
    FINRA recognizes that such expertise may reside in more than one
individual in firms with distinct business segments. In those
circumstances, FINRA believes the purposes of the rule can be achieved
with equal effect by dividing the responsibility of advising the member
on its compliance scheme among those compliance experts within each
distinct business unit. Accordingly, the proposed rule change would
permit a member to designate multiple chief compliance officers on
Schedule A of Form BD, provided that (1) each designated CCO is a
principal of the firm; (2) the member precisely defines and documents
the areas of primary compliance responsibility assigned to each
designated CCO and makes specific provisions for which of the
designated CCOs has primary compliance responsibility in areas that can
reasonably be expected to overlap; (3) each designated CCO satisfies
all of the requirements of Rule 3013 and IM-3013 with respect to his or
her defined area of primary compliance responsibility as if that
individual was the member's only CCO; and (4) collectively, the
designated CCOs have the responsibilities and expertise that enable
them to consult with the CEO on the totality of the subject matters
required to be addressed in the certification by the CEO under Rule
3013.
    Thus, for example, IM-3013 explains that member must conduct one or
more meetings annually between the CEO and CCO to (1) discuss and
review the matters that are the subject of the certification; (2)
discuss and review the member's compliance efforts as of the date of
such meetings; and (3) identify and address significant compliance
problems and plans for emerging business areas. A member that chooses
to have multiple CCOs under the proposed rule change would be required
to conduct one or more meetings annually between the CEO and each
designated CCO, individually or collectively. And at each such meeting,
the CEO would be required to discuss with each CCO the required topics,
but only as it relates to the particular CCO's defined area of primary
compliance responsibility. Similarly, the IM currently requires review
by the CCO of the report evidencing a member's processes and
consultation by the CEO with the CCO prior to execution of the
certification. The proposed rule change

would require review by and consultation with each CCO.
    The proposed rule change also would permit the designation of a
single co-CEO for the purposes of compliance with Rule 3013 and IM-3013
only.\5\ However, in contrast to the proposal to allow co-CCOs, co-CEOs
could not divide up the requirements of the Rule and interpretive
material; rather, each of the two CEOs would be required to
individually discharge all of the obligations set forth in Rule 3013
and IM-3013, each would be held responsible for the representations in
the certification as if they were the member's only CEO, and the
signature of each co-CEO would be expected to appear on the same single
annual certification.
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    \5\ Designation of a co-CEO pursuant to this proposed rule
change would have no effect on any other regulatory obligation
imposed on a member or its CEO.
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    As noted in Item 2 of this filing, FINRA has filed the proposed
rule change for immediate effectiveness. The effective date and the
implementation date will be the date of filing, July 16, 2007.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\6\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change is
consistent with the provisions of the Act noted above in that it will
enhance focus on members' compliance and supervision systems, thereby
decreasing the likelihood of fraud and manipulative acts and increasing
investor protection.
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    \6\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.\7\
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    \7\ 15 U.S.C. 78a.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6) thereunder.\8\
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    \8\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-(f)(6) normally may not
become operative prior to 30 days after the date of filing.\9\ However,
Rule 19b-4(f)(6)(iii) \10\ permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and in the public interest because it will: (1)
Improve the compliance certification and supervisory processes of
members by assigning responsibility in multiple CCOs based on
expertise; and (2) still make the designated CCO responsible for
compliance in his or her area of expertise as if the individual was the
member's only CCO. For this reason, the Commission designates that the
proposed rule change become operative immediately.\11\
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    \9\ Rule 19b-4(f)(6)(iii) requires that a self-regulatory
organization submit to the Commission written notice of its intent
to file the proposed rule change, along with a brief description of
the text of the proposed rule change, at least five days prior to
the date of filing of the proposed rule change, or shorter time as
designated by the Commission. FINRA has satisfied the five-day pre-
filing notice requirement.
    \10\ Id.
    \11\ For the purposes only of waiving the operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-NASD-2007-049 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASD-2007-049. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of FINRA. 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-NASD-2007-049 and should be
submitted on or before September 14, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-16761 Filed 8-23-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: August 10, 2007 (Volume 72, Number 154)]
[Rules and Regulations]
[Page 45109-45113]
[DOCID:fr10au07-13]

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Part III

Securities and Exchange Commission

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17 CFR Parts 239, 240, 249, and 274

Deletion of References to IRS Identification Numbers; Final Rule

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Parts 239, 240, 249 and 274

[Release Nos. 33-8830, 34-56205, IC-27923]

Deletion of References to IRS Identification Numbers

AGENCY: Securities and Exchange Commission.

ACTION: Final rule.

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SUMMARY: We are removing a number of references to filers' IRS
identification numbers currently found in several disclosure schedules
and forms because we do not need that information to process the
documents, nor is the information material to investors.

DATES: Effective Date: August 10, 2007.

FOR FURTHER INFORMATION CONTACT: James Budge [(202) 551-3115], Division
of Corporation Finance, Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20459-5553.

SUPPLEMENTARY INFORMATION: We are adopting minor, technical amendments
to Form 144 \1\ under the Securities Act of 1933 (``Securities Act'')
\2\ and Forms 3, 4 and 5,\3\ descriptions of these forms \4\ and
Schedules 13D, 13G and TO \5\ under the Securities Exchange Act of 1934
(``Exchange Act'').\6\
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    \1\ 17 CFR 239.144.
    \2\ 15 U.S.C. 77a et seq.
    \3\ 17 CFR 249.103, 249.104 and 249.105. Forms 3 and 4 also are
referenced in connection with the Investment Company Act of 1940
(``Investment Company Act'') [15 U.S.C. 80a-1 et seq.] in 17 CFR
274.202 and 274.203.
    \4\ 17 CFR 249.103, 249.104 and 249.105, respectively.
    \5\ 17 CFR 240.13d-101, 240.13d-102 and 240.14d-100,
respectively.
    \6\ 15 U.S.C. 78a et seq.
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I. The Amendments

IRS Identification Numbers

    We are amending several disclosure schedules, forms and form
descriptions to delete references to IRS identification numbers.
    Schedules 13D, 13G and TO provide that a reporting person that is
an entity may, at its option, include its IRS identification number on
the cover page.\7\ Form 144 requires a reporting person that is an
entity to include its IRS identification number in the filing.\8\
Although we sought IRS identification numbers in the past to better
process filings, we no longer use them. In addition, IRS identification
numbers serve no useful purpose to investors in the context of these
disclosure documents. The number appears in beneficial ownership
reports and Schedule TO only when a non-natural person chooses to
include it. In the case of Form 144, only forms filed by non-natural
persons include the number. Since the Commission and the public have
more reliable means to track who is filing these documents based on
information unrelated to IRS identification numbers, we are eliminating
references to IRS identification numbers in these schedules and Form
144.\9\
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    \7\ Schedules 13D and 13G are used by significant security
holders to disclose securities ownership and transaction information
under Exchange Act Sections 13(d) [15 U.S.C. 78m(d)] and 13(g) [15
U.S.C. 78m(g)]. Schedule TO is used by bidders to disclose tender
offer information under Exchange Act Sections 13(e)(1) [15 U.S.C.
78m(e)(1)] and 14(d)(1) [15 U.S.C. 78n(d)(1)]. Schedule TO
indirectly permits filers that are entities to include an IRS
identification number by permitting them to amend a previously filed
Schedule 13D to create a combined filing with the Schedule TO.
    \8\ Form 144 is used by security holders to disclose securities
transaction information under Securities Act Rule 144 [17 CFR
230.144].
    \9\ In Schedules 13D and 13G, references appear in Item 1 of the
cover page and its related instruction. In all three schedules
references appear under the heading ``Special Instructions for
Complying with Schedule * * *.'' In Form 144, we are deleting IRS
identification numbers references from Item 2(b) and its related
instruction. The remaining Items in Form 144 will be renumbered as
needed.
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    In 2003, we modified Forms 3, 4 and 5 in part to remove provisions
allowing reporting persons to provide IRS identification numbers in
those filings.\10\ However, several references to IRS identification
numbers inadvertently were not removed from related form descriptions
and instructions. Accordingly, we are amending those descriptions and
instructions to remove all references to IRS identification
numbers.\11\
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    \10\ Form 3 is used by an officer, director or principal
security holder (collectively, ``insider'') to disclose securities
ownership information under Exchange Act Section 16(a) [15 U.S.C.
78p(a)]. Forms 4 and 5 are used by insiders to disclose securities
transaction information under Exchange Act Section 16(a). Forms 3, 4
and 5 permitted filers that were entities to include their IRS
identification numbers until the forms were amended in 2003. See
Release No. 33-8230 (May 7, 2003) [68 FR 25788 (May 13, 2003)].
    \11\ The forms are described at 17 CFR 249.103, 249.104,
249.105, 274.202 and 274.203. Only the descriptions under 17 CFR
Part 249, however, contain references to IRS identification numbers.
We are amending these descriptions, as well as the paragraph that
precedes the heading ``General Instructions'' in each form.
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II. Paperwork Reduction Act

    The amendments will affect three schedules and four forms that
contain ``collection of information'' requirements within the meaning
of the Paperwork Reduction Act of 1995.\12\ The titles of the affected
information collections are Securities Act Form 144 and Exchange Act
Schedules 13D, 13G and TO and Forms 3, 4 and 5.
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    \12\ 44 U.S.C. 3501 et seq.
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    Form 144 (OMB Control Number 3235-0101) is used by security holders
to disclose securities transaction information under Securities Act
Rule 144.
    Schedules 13D and 13G (both with OMB Control Number 3235-0145) are
used by significant security holders to disclose securities ownership
and transaction information under Exchange Act Sections 13(d) and
13(g).
    Schedule TO (OMB Control Number 3235-0515) is used by bidders to
disclose tender offer information under Exchange Act Sections 13(e)(1)
and 14(d)(1).
    Form 3 (OMB Control Number 3235-0104) is used by insiders to
disclose securities ownership information under Exchange Act Section
16(a).
    Forms 4 (OMB Control Number 3235-0287) and 5 (OMB Control Number
3235-0362) are used by insiders to disclose securities transaction
information under Exchange Act Section 16(a).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    The removal of the provisions will result in a negligible reduction
in filer burden that is too minimal to quantify and does not affect any
collection of information in a substantive way. 44 U.S.C. 3507(h)(3)
and 5 CFR 1320(g). Consequently, we have not submitted the revisions to
the collections of information to the Office of Management and Budget
for review under 44 U.S.C. 3507(d) and 5 CFR 1320.11.

III. Cost-Benefit Analysis

    We expect that the amendments will neither significantly benefit
investors or filers of beneficial ownership reports and Schedules TO
and investors, nor will they impose costs on them, since the inclusion
of IRS numbers in those documents now is voluntary. The amendment to
remove Form 144's requirement that non-natural reporting persons
disclose their IRS identification numbers should slightly benefit those
filers by reducing the amount of information they must provide; these
amendments should not impose costs on filers or investors.

IV. Effect on Efficiency, Competition and Capital Formation

    Section 23(a)(2) of the Exchange Act \13\ requires us, when
adopting rules

under the Exchange Act, to consider the impact that any rule would have
on competition. In addition, Section 23(a)(2) prohibits us from
adopting any rule that would impose a burden on competition not
necessary or appropriate in furtherance of the purposes of the Exchange
Act. Furthermore, Section 2(b) of the Securities Act,\14\ Section 3(f)
of the Exchange Act,\15\ and Section 2(c) of the Investment Company Act
\16\ require us, when engaging in rulemaking where we are required to
consider or determine whether an action is necessary or appropriate in
the public interest, to consider, in addition to the protection of
investors, whether the action will promote efficiency, competition, and
capital formation.
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    \13\ 15 U.S.C. 78w(a)(2).
    \14\ 15 U.S.C. 77b(b).
    \15\ 15 U.S.C. 78c(f).
    \16\ 15 U.S.C. 80a-2(c).
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    The amendments merely remove the voluntary or required inclusion of
information that is no longer useful and make conforming technical
changes. We believe the amendments will not impose a burden on
competition and have no impact on efficiency, competition or capital
formation.

V. Certain Findings

    Under the Administrative Procedure Act (``APA''), notice of
proposed rulemaking is not required when an agency, for good cause,
finds ``that notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest.'' \17\ As we have
explained previously, IRS identification numbers do not provide useful
information in the context of federal securities law disclosures made
in Schedules 13D, 13G and TO and Form 144 filings. They are provided
only in certain of those filings, mostly on a voluntary basis. The
changes we are adopting today remove the opportunities to provide
information that we sought for internal processing purposes, but have
found is no longer useful. Therefore, we believe publication for public
comment is unnecessary. In addition, the amendments to Forms 3, 4 and 5
and their descriptions to delete references to the filer's IRS
identification number are technical changes to conform to a previous
rule change and have no practical effect. Accordingly, we find that
publishing notice of these amendments is likewise unnecessary.\18\
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    \17\ 5 U.S.C. 553(b)(3)(B).
    \18\ For similar reasons, the amendments do not require analysis
under the Regulatory Flexibility Act or a report to Congress under
the Small Business Regulatory Fairness Act. See 5 U.S.C. 601(2) (for
purposes of a Regulatory Flexibility Act analysis, the term ``rule''
means any rule for which the agency publishes a general notice of
proposed rulemaking) and 5 U.S.C. 804(3)(C) (for purposes of
Congressional review of agency rulemaking, the term ``rule'' does
not include any rule of agency organization, procedure or practice
that does not substantially affect the rights or obligations of non-
agency parties).
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    The APA also requires publication of a rule at least 30 days before
its effective date unless the agency finds otherwise for good
cause.\19\ Since we find this information to be not useful or
necessary, we see no reason to retain the provisions for 30 days after
these rule changes are published in the Federal Register. We believe
filers should be able to have the limited benefits of these changes
immediately. Consequently, we find there is good cause for the
amendments to take effect immediately upon publication in the Federal
Register.
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    \19\ See 5 U.S.C. 553(d)(3).
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VI. Statutory Basis

    We are adopting the amendments under the authority in Section 19(a)
\20\ of the Securities Act, Sections 13,\21\ 14,\22\ 16 \23\ and 23(a)
\24\ of the Exchange Act, and Sections 30(h) \25\ and 38 \26\ of the
Investment Company Act.
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    \20\ 15 U.S.C. 77s(a).
    \21\ 15 U.S.C. 78m.
    \22\ 15 U.S.C. 78n.
    \23\ 15 U.S.C. 78p.
    \24\ 15 U.S.C. 78w(a).
    \25\ 15 U.S.C. 80a-29(h).
    \26\ 15 U.S.C. 80a-37.
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Text of Rule Amendments

List of Subjects in 17 CFR Parts 239, 240, 249 and 274

    Reporting and recordkeeping requirements, Securities.

0
For the reasons set out in the preamble, we amend Title 17, Chapter II
of the Code of Federal Regulations as follows.

PART 239--FORMS PRESCRIBED UNDER THE SECURITIES ACT OF 1933

0
1. The authority citation for part 239 continues to read in part as
follows:

    Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, 77z-2, 77z-3,
77sss, 78c, 78l, 78m, 78n, 78o(d), 78u-5, 78w(a), 78ll(d), 78mm,
80a-2(a), 80a-3, 80a-8, 80a-9, 80a-10, 80a-13, 80a-24, 80a-26, 80a-
29, 80a-30, and 80a-37, unless otherwise noted.
* * * * *

0
2. Amend Form 144 (referenced in Sec.  239.144) by:
0
a. Removing Item 2(b) and redesignating Items 2(c) and 2(d) as Items
2(b) and 2(c);
0
b. Removing Instruction 2(b) and redesignating Instructions 2(c) and
2(d) as Instructions (b) and 2(c).

    Note: The text of Form 144 does not and this amendment will not
appear in the Code of Federal Regulations.

PART 240--GENERAL RULES AND REGULATIONS, SECURITIES EXCHANGE ACT OF
1934

0
3. The authority citation for part 240 continues to read, in part, as
follows:

    Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3,
77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i,
78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78o, 78p, 78q, 78s, 78u-5,
78w, 78x, 78ll, 78mm, 80a-20, 80a-23, 80a-29, 80a-37, 80b-3, 80b-4,
80b-11, and 7201 et seq.; and 18 U.S.C. 1350, unless otherwise
noted.
* * * * *

0
4. Amend Sec.  240.13d-101 by:
0
a. Revising Item 1 on the Cover Page;
0
b. Revising Item 1 of the Instructions for Cover Page; and
0
c. Revising the Special Instructions for Complying with Schedule 13D,
to read as follows:

Sec.  240.13d-101  Schedule 13D--Information to be included in
statements filed pursuant to Sec.  240.13d-1(a) and amendments thereto
filed pursuant to Sec.  240.13d-2(a).

Securities and Exchange Commission, Washington, DC 20549

Schedule 13D
* * * * *
    (1) Names of reporting persons.
* * * * *

Instructions for Cover Page

    (1) Names of Reporting Persons--Furnish the full legal name of each
person for whom the report is filed--i.e., each person required to sign
the schedule itself--including each member of a group. Do not include
the name of a person required to be identified in the report but who is
not a reporting person.
* * * * *

Special Instructions for Complying With Schedule 13D

    Under sections 13(d) and 23 of the Securities Exchange Act of 1934
and the rules and regulations thereunder, the Commission is authorized
to solicit the information required to be supplied by this schedule by
certain security holders of certain issuers.
    Disclosure of the information specified in this schedule is
mandatory. The information will be used for the primary purpose of
determining and disclosing the holdings of certain beneficial owners of
certain equity securities. This statement will be made a matter of
public record. Therefore, any information given will be available for
inspection by any member of the public.

    Because of the public nature of the information, the Commission can
use it for a variety of purposes, including referral to other
governmental authorities or securities self-regulatory organizations
for investigatory purposes or in connection with litigation involving
the federal securities laws or other civil, criminal or regulatory
statutes or provisions.
    Failure to disclose the information requested by this schedule may
result in civil or criminal action against the persons involved for
violation of the federal securities laws and rules promulgated
thereunder.
* * * * *

0
5. Amend Sec.  240.13d-102 by:
0
a. Revising Item 1 on the Cover Page;
0
b. Revising Item 1 of the Instructions for Cover Page; and
0
c. Revising the Special Instructions for Complying with Schedule 13G,
to read as follows:

Sec.  240.13d-102  Schedule 13G--Information to be included in
statements filed pursuant to Sec.  240.13d-1(b), (c), and (d) and
amendments thereto filed pursuant to Sec.  240.13d-2.

Securities and Exchange Commission, Washington, DC 20549

Schedule 13G
* * * * *
    (1) Names of reporting persons.
* * * * *

Instructions for Cover Page

    (1) Names of Reporting Persons--Furnish the full legal name of each
person for whom the report is filed--i.e., each person required to sign
the schedule itself--including each member of a group. Do not include
the name of a person required to be identified in the report but who is
not a reporting person.
* * * * *

Special Instructions for Complying With Schedule 13G

    Under Sections 13(d), 13(g) and 23 of the Securities Exchange Act
of 1934 and the rules and regulations thereunder, the Commission is
authorized to solicit the information required to be supplied by this
schedule by certain security holders of certain issuers.
    Disclosure of the information specified in this schedule is
mandatory. The information will be used for the primary purpose of
determining and disclosing the holdings of certain beneficial owners of
certain equity securities. This statement will be made a matter of
public record. Therefore, any information given will be available for
inspection by any member of the public.
    Because of the public nature of the information, the Commission can
use it for a variety of purposes, including referral to other
governmental authorities or securities self-regulatory organizations
for investigatory purposes or in connection with litigation involving
the Federal securities laws or other civil, criminal or regulatory
statutes or provisions.
    Failure to disclose the information requested by this schedule may
result in civil or criminal action against the persons involved for
violation of the Federal securities laws and rules promulgated
thereunder.
* * * * *

0
6. Amend Sec.  240.14d-100 by revising the Special Instructions for
Complying with Schedule TO to read as follows:

Sec.  240.14d-100  Schedule TO. Tender offer statement under section
14(d)(1) or 13(e)(1) of the Securities Exchange Act of 1934.

Securities and Exchange Commission, Washington, DC 20549

Schedule TO
* * * * *

Special Instructions for Complying With Schedule TO

    Under Sections 13(e), 14(d) and 23 of the Act and the rules and
regulations of the Act, the Commission is authorized to solicit the
information required to be supplied by this schedule.
    Disclosure of the information specified in this schedule is
mandatory. The information will be used for the primary purpose of
disclosing tender offer and going-private transactions. This statement
will be made a matter of public record. Therefore, any information
given will be available for inspection by any member of the public.
    Because of the public nature of the information, the Commission can
use it for a variety of purposes, including referral to other
governmental authorities or securities self-regulatory organizations
for investigatory purposes or in connection with litigation involving
the federal securities laws or other civil, criminal or regulatory
statutes or provisions.
    Failure to disclose the information required by this schedule may
result in civil or criminal action against the persons involved for
violation of the federal securities laws and rules.
* * * * *

PART 249--FORMS, SECURITIES EXCHANGE ACT OF 1934

0
7. The authority citation for Part 249 continues to read in part as
follows:

    Authority: 15 U.S.C. 78a et seq. and 7202, 7233, 7241, 7262,
7264, and 7265; and 18 U.S.C. 1350, unless otherwise noted.
* * * * *

Sec.  249.103  [Amended]

0
8. Amend Sec.  249.103 by:
0
a. Removing from the second sentence the phrase ``sections 17(a) and
20(a) of the Public Utility Holding Company Act of 1935 (15 U.S.C.
79q(a) and 79t(a));''
0
b. Removing from the third sentence the phrase ``, except for
disclosure of I.R.S. identification number by entities, which is
voluntary''; and
0
c. Removing the fourth sentence.

Sec.  249.104  [Amended]

0
9. Amend Sec.  249.104 by:
0
a. Removing from the second sentence the phrase ``sections 17(a) and
20(a) of the Public Utility Holding Company Act of 1935 (15 U.S.C.
79q(a) and 79t(a));''
0
b. Removing from the third sentence the phrase ``, except for
disclosure of I.R.S. identification number by entities, which is
voluntary''; and
0
c. Removing the fourth sentence.

Sec.  249.105  [Amended]

0
10. Amend Sec.  249.105 by:
0
a. Removing from the second sentence the phrase ``sections 17(a) and
20(a) of the Public Utility Holding Company Act of 1935 (15 U.S.C.
79q(a) and 79t(a));''
0
b. Removing from the third sentence the phrase ``, except for
disclosure of I.R.S. identification number by entities, which is
voluntary''; and

0
c. Removing the fourth sentence.
0
11. Amend Form 5 (referenced in Sec.  249.105) by:
0
a. Removing the phrase ``, Section 17(a) of the Public Utility Holding
Company Act of 1935'' from the first paragraph following the heading
``Annual Statement of Changes in Beneficial Ownership of Securities'';
0
b. Removing from the first sentence of the second paragraph of the
introductory section preceding the General Instructions the phrase ``,
except for disclosure of the I.R.S. identification number of the
reporting person if such person is an entity, which is voluntary''; and
0
c. Removing the second sentence of the second paragraph of the
introductory section preceding the General Instructions.

    Note: The text of Form 5 does not and this amendment will not
appear in the Code of Federal Regulations.

PART 274--FORMS PRESCRIBED UNDER THE INVESTMENT COMPANY ACT OF 1940

0
12. The authority citation for Part 274 continues to read in part as
follows:

    Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, 78c(b), 78l, 78m,
78n, 78o(d), 80a-8, 80a-24, 80a-26, and 80a-29, unless otherwise
noted.
* * * * *

PART 249--FORMS, SECURITIES EXCHANGE ACT OF 1934

PART 274--FORMS PRESCRIBED UNDER THE INVESTMENT COMPANY ACT OF 1940

0
13. Amend Form 3 (referenced in Sec.  249.103 and Sec.  274.202) by:
0
a. Removing the phrase ``, Sections 17(a) and 20(a) of the Public
Utility Holding Company Act of 1935'' from the first paragraph
following the heading ``Initial Statement of Beneficial Ownership of
Securities'';
0
b. Removing from the first sentence of the second paragraph of the
introductory section preceding the General Instructions the phrase ``,
except for disclosure of the I.R.S. identification number of the
reporting person if such person is an entity, which is voluntary''; and
0
c. Removing the second sentence of the second paragraph of the
introductory section preceding the General Instructions.

    Note: The text of Form 3 does not and this amendment will not
appear in the Code of Federal Regulations.

0
14. Amend Form 4 (referenced in Sec.  249.104 and Sec.  274.203) by:
0
a. Removing the phrase ``, Sections 17(a) and 20(a) of the Public
Utility Holding Company Act of 1935'' from the first paragraph
following the heading ``Statement of Changes in Beneficial Ownership'';
0
b. Removing from the first sentence of the second paragraph of the
introductory section preceding the General Instructions the phrase ``,
except for disclosure of the I.R.S. identification number of the
reporting person if such person is an entity, which is voluntary''; and
0
c. Removing the second sentence of the second paragraph of the
introductory section preceding the General Instructions.

    Note: The text of Form 4 does not and this amendment will not
appear in the Code of Federal Regulations.

    Dated: August 6, 2007.

    By the Commission.
Nancy M. Morris,
Secretary.
 [FR Doc. E7-15595 Filed 8-9-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Notices]
[Pages 74732-74733]
[FR Doc No: 2020-25719]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-D-1752]

Public Availability of Lists of Retail Consignees To Effectuate
Certain Human and Animal Food Recalls; Guidance for Industry and Food
and Drug Administration Staff; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA, we, or Agency) is
announcing the availability of a final guidance for industry and FDA
staff entitled ``Public Availability of Lists of Retail Consignees to
Effectuate Certain Human and Animal Food Recalls; Guidance for Industry
and FDA staff.'' The guidance for industry and FDA staff describes how
and when FDA intends to collect, compile, and publicize lists of retail
consignees that may have received recalled foods. While FDA intends to
focus on recalls where there is a reasonable probability that the use
of, or exposure to, the food will cause serious adverse health
consequences or death to humans or animals (Class I recalls), FDA may
also publicize retail consignee lists for other food recalls as
described in the guidance. FDA's goal is to publicize retail consignee
lists for these food recalls where providing this additional
information will be of the most use to consumers to help them identify
recalled food and to determine whether that food is in their possession
as effectively and quickly as possible.

DATES: The announcement of the guidance is published in the Federal
Register on November 23, 2020.

ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.

     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2018-D-1752 for ``Public Availability of Lists of Retail Consignees
to Effectuate Certain Human and Animal Food Recalls; Guidance for
Industry and FDA Staff.'' Received comments will be placed in the
docket and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-
402-7500.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the guidance to the
Office of Strategic Planning and Operational Policy, Office of
Regulatory Affairs, Food and Drug Administration, 12420 Parklawn Dr.,
Element Building, Rockville, MD 20857. Send one self-addressed adhesive
label to assist that office in processing your requests. See the
SUPPLEMENTARY INFORMATION section for electronic access to the guidance
document.

FOR FURTHER INFORMATION CONTACT: Chris Henderson, Office of Regulatory
Affairs, Division of Operational Policy, Food and Drug Administration,
12420 Parklawn Dr., Rockville, MD 20857,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for industry and
FDA staff entitled ``Public Availability of Lists of Retail Consignees
to Effectuate Certain Human and Animal Food Recalls.'' The guidance for
industry and FDA staff describes how and when FDA intends to collect,
compile, and publicize lists of retail consignees that may have
received recalled foods. FDA's goal is to publicize retail consignee
lists for these food recalls, especially those that are likely to be
classified as Class I recalls, where providing this additional
information will be of the most use to consumers to help them identify
recalled food, and to determine whether that food is in their
possession as effectively and quickly as possible.
    In the Federal Register of September 27, 2018 (83 FR 48825), we
announced a draft guidance for industry and FDA staff entitled ``Public
Availability of Lists of Retail Consignees to Effectuate Certain Human
and Animal Food Recalls'' and gave interested parties an opportunity to
submit comments by November 26, 2018, for us to consider before
beginning work on the final version of the guidance. We reviewed
comments received and, where appropriate, made changes to the guidance
based on these comments. The changes include a change to footnote seven
of the guidance regarding restaurants, a statement that FDA intends to
update the retail consignee lists as the information available to FDA
develops, the removal of an example of food that may fit the criteria
described in the guidance, and other nonsubstantive edits. The guidance
announced in this notice finalizes the draft guidance dated September
2018.
    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). This guidance represents FDA's
current thinking regarding publicizing lists of retail consignees to
effectuate certain food recalls. It does not establish any rights for
any person and is not binding on FDA or the public. You can use an
alternative approach if it satisfies the requirements of the applicable
statutes and regulations.

II. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521). Any
collections of information under 21 CFR 7.46, 7.49, 7.53, 7.55, and
7.59 have been approved under OMB control number 0910-0249.

III. Electronic Access

    Persons with access to the internet may obtain the guidance at
either https://www.fda.gov/Safety/Recalls/default.htm or https://www.regulations.gov.

    Dated: November 16, 2020.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2020-25719 Filed 11-20-20; 8:45 am]
BILLING CODE 4164-01-P


MEMORANDUM Date: August 3, 2005 To: Allen Basala, U. S. EPA, OAQPS From: Frank Divita, E. H. Pechan & Associates Subject: Estimate Reasonable Further Progress ( RFP) Requirements for Buffalo Niagara Falls NY 8 hour ozone nonattainment area EPA Contract No. 68 D 00 283, WA No. 4 66 A. INTRODUCTION The purpose of this memorandum is to describe the methodology used by Pechan to estimate the reasonable further progress ( RFP) requirements for Buffalo Niagara Falls, NY 8 hour ozone nonattainment area under one of two legal interpretations proposed for the Phase 2 Implementation Rule for the 8 hour Ozone National Ambient Air Quality Standard. That rule is not yet finalized. This analysis was performed in support of EPA's technical analysis of the costs of the final rule.

The designated 8 hour ozone non attainment area included in this assessment is subpart 1 area and is estimated to exceed the 8 hr standard under base case conditions in 2010. Under the alternative assessed here  the more stringent of two proposed alternatives  nonattainment area would have to achieve 15% reductions in volatile organic compound ( VOC) and nitrogen oxide ( NOx) emissions, regardless of whether the area had already fulfilled a 15% requirement under the 1 hour ozone national ambient air quality standard.

Important caveat: These estimates were conducted solely for analytical purposes associated with national EPA rulemaking. Actual requirements for RFP for individual nonattainment areas will be determined through analyses by states, and reviewed by EPA, through the state implementation plan process under the Clean Air Act, consistent with the yet to be promulgated phase 2 ozone implementation rule. The statutory interpretation of RFP requirements, and methodology for determining RFP, will be determined by that rule. The methodology and data used in this analysis may differ from those used in the SIP process. Therefore, the RFP estimates below may vary from actual future RFP reduction requirements to be determined through the SIP process.

The estimation methods described below are based on concepts in EPA's early 1990' s guidance on calculating 15% VOC rate of progress targets from a 1990 base year for purposes of implementing the 1 hour ozone standard. For purposes of this analysis of potential RFP requirements for 8 hour nonattainment area, 2002 is considered as the base year, with the 15% reduction to be achieved by 2008. Table I shows the NOx and VOC progress requirements to meet a 15% reduction from 2002 emission levels by 2008. The 15% reduction calculation allows 100% credits for NOx and VOC reductions obtained from 2002 to 2008 through implementation of other emission reduction programs. The one exception is that mobile source reductions are discounted by 13% ( i. e., only 87% of mobile source reductions are creditable toward the RFP progress requirements). The reason this discount is applied is because there are certain reductions in motor vehicle emissions that will occur in the future but are the result of actions taken prior to the enactment of the 1990 Clean Air Act Amendments.

B CALCULATION METHODOLOGY The first step needed to determine if additional RFP emission reductions are required is to compare emission estimates of 2002 with 2008. Under this assessment of the more stringent RFP option, the emission reductions are to be achieved 6 years from the date of designations. In addition, if there were emission reductions during these periods due to federal emission reduction regulations and local air pollution control programs, these reductions could count toward the 15% RFP requirement. For this analysis, EPA provided 2001, 2007 and 2010 emission inventories by sector ( stationary non point, non road, mobile, point and electricity generating units). 2002 emissions were estimated by the linear interpolation of the 2001 and 2007 inventories. Similarly, 2008 emissions were interpolated from the 2007 and 2010 projected inventories The RFP requirement for the non attainment area is calculated by subtracting 85% of 2002 emissions ( i. e. reduction by 15%) from the 2008 emissions, assuming that mobile source emission changes are discounted by 13%. If this value is greater than zero, the amount represents the estimated reductions for the area to fulfill the requirements of the more stringent RFP option. If that value is less than or equal to zero, no further reduction in NOx and VOC emissions are needed to fulfill the RFP requirements of the more stringent RFP option as interpreted in this assessment.

C. SAMPLE CALCULATION Below is a sample calculation for VOC reductions requirement:

2001 emissions totals = 64,327 tons 2007 emissions totals = 48,749 tons 2010 emissions totals = 54,173 tons Interpolation of 2001 & 2007 yields 2002 emissions= 61,731 tons Interpolation of 2007& 2010 yields 2008 emissions = 50,557 tons After discounting of mobile emissions by 13%, 2002 emission = 59,343 tons.

Additional VOC tons required to reduce = ( 2008 Emissions)  ( 85% of 2002 Emissions) = ( 50,557)  ( 0.85 x 59,343) = 116 tons Table I. Reasonable Further Progress Requirements for NOx and VOC in Buffalo Niagara Falls NY 8 Hour Non Attainment Area Designated as Subpart 1 and Projected to Exceed the 8 hour Ozone Standard in 2010 Buffalo Niagara Falls, NY Nonattainment Area 85% of the 2002 emissions inventory* 2008 interpolated emissions inventory 2008 interpolated inventory minus 85% of the appropriate 2002 inventory Estimated additional emission reductions under our interpretation of the less flexible RFP option VOC 50,442 50,557 116 116 NOx 51,193 48,835  2,358 0 * Adjusted 2002 VOC emissions inventory after 13% mobile emissions discounting


16. In Sec.  192.452, revise the section heading and paragraph (b)
introductory text and add paragraphs (c) and (d) to read as follows:

Sec.  192.452  How does this subpart apply to converted pipelines and
regulated onshore gathering pipelines?

* * * * *
    (b) Type A and B onshore gathering lines. For any Type A or Type B
regulated onshore gathering line under Sec.  192.9 existing on April
14, 2006, that was not previously subject to this part, and for any
onshore gathering line that becomes a regulated onshore gathering line
under Sec.  192.9 after April 14, 2006, because of a change in class
location or increase in dwelling density:
* * * * *
    (c) Type C onshore regulated gathering lines. For any Type C
onshore regulated gathering pipeline under Sec.  192.9 existing on May
16, 2022, that was not previously subject to this part, and for any
Type C onshore gas gathering pipeline that becomes subject to this
subpart after May 16, 2022, because of an increase in MAOP, change in
class location, or presence of a building intended for human occupancy
or other impacted site:
    (1) The requirements of this subpart specifically applicable to
pipelines installed before August 1, 1971, apply to the gathering line
regardless of the date the pipeline was actually installed; and
    (2) The requirements of this subpart specifically applicable to
pipelines installed after July 31, 1971, apply only if the pipeline
substantially meets those requirements.
    (d) Regulated onshore gathering lines generally. Any gathering line
that is subject to this subpart per Sec.  192.9 at the time of
construction must meet the requirements of this subpart applicable to
pipelines installed after July 31, 1971.

0
17. In Sec.  192.619, revise paragraph (a)(3) and paragraph (c) to read
as follows:

Sec.  192.619  Maximum allowable operating pressure: Steel or plastic
pipelines.

    (a) * * *
    (3) The highest actual operating pressure to which the segment was
subjected during the 5 years preceding the applicable date in the
second column. This pressure restriction applies unless the segment was
tested according to the requirements in paragraph (a)(2) of this
section after the applicable date in the third column or the segment
was uprated according to the requirements in subpart K of this part:

------------------------------------------------------------------------
        Pipeline segment             Pressure date         Test date
------------------------------------------------------------------------
(i) Onshore regulated gathering   March 15, 2006, or  5 years preceding
 pipeline (Type A or Type B        date pipeline       applicable date
 under Sec.   192.9(d)) that       becomes subject     in second column.
 first became subject to this      to this part,
 part (other than Sec.             whichever is
 192.612) after April 13, 2006.    later.
(ii) Onshore regulated gathering  May 16, 2023, or    5 years preceding
 pipeline (Type C under Sec.       date pipeline       applicable date
 192.9(d)) that first became       becomes subject     in second column.
 subject to this part (other       to this part,
 than Sec.   192.612) on or        whichever is
 after May 16, 2022.               later.
(iii) Onshore transmission        March 15, 2006, or  5 years preceding
 pipeline that was a gathering     date pipeline       applicable date
 pipeline not subject to this      becomes subject     in second column.
 part before March 15, 2006.       to this part,
                                   whichever is
                                   later.
(iv) Offshore gathering           July 1, 1976......  July 1, 1971.
 pipelines.
(v) All other pipelines.........  July 1, 1970......  July 1, 1965.
------------------------------------------------------------------------

* * * * *
    (c) The requirements on pressure restrictions in this section do
not apply in the following instances:
    (1) An operator may operate a segment of pipeline found to be in
satisfactory condition, considering its operating and maintenance
history, at the highest actual operating pressure to which the segment
was subjected during the 5 years preceding the applicable date in the
second column of the table in paragraph (a)(3) of this section. An
operator must still comply with Sec.  192.611.
    (2) For any Type C gas gathering pipeline under Sec.  192.9
existing on or before May 16, 2022, that was not previously subject to
this part and the operator cannot determine the actual operating
pressure of the pipeline for the 5 years preceding May 16, 2023, the
operator may establish MAOP using other criteria based on a combination
of operating conditions, other tests, and design with approval from
PHMSA. The operator must notify PHMSA in accordance with Sec.  192.18.
The notification must include the following information:
    (i) The proposed MAOP of the pipeline;
    (ii) Description of pipeline segment for which alternate methods
are used to establish MAOP, including diameter, wall thickness, pipe
grade, seam type, location, endpoints, other pertinent material
properties, and age;
    (iii) Pipeline operating data, including operating history and
maintenance history;
    (iv) Description of methods being used to establish MAOP;
    (v) Technical justification for use of the methods chosen to
establish MAOP; and
    (vi) Evidence of review and acceptance of the justification by a
qualified technical subject matter expert.
* * * * *

    Issued in Washington, DC on November 2, 2021, under authority
delegated in 49 CFR 1.97.
Tristan H. Brown,
Acting Administrator.
[FR Doc. 2021-24240 Filed 11-12-21; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 76, Number 132 (Monday, July 11, 2011)]
[Rules and Regulations]
[Pages 40617-40619]
[FR Doc No: 2011-17261]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0505]
RIN 1625-AA87

Security Zone; 2011 Seattle Seafair Fleet Week Moving Vessels,
Puget Sound, Washington

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The U.S. Coast Guard is establishing temporary security zones
around the HMCS WHITEHORSE (NCSM 705), HMCS NANAIMO (NCSM 702), and the
USCGC MELLON (WHEC 717) which include all waters within 500 yards from
these vessels while each vessel is participating in the Seafair Fleet
Week Parade of Ships and while moored following the parade until
departing on August 8, 2011. These security zones are necessary to help
ensure the security of the vessels from sabotage or other subversive
acts during Seafair Fleet Week Parade of Ships and will do so by
prohibiting any person or vessel from entering or remaining in the
security zones unless authorized by the Captain of the Port (COTP),
Puget Sound or Designated Representative.

DATES: This rule is effective from 8 a.m. on August 3, 2011, through 5
p.m. on August 8, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0505 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0505 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Ensign Anthony P. LaBoy, Sector Puget
Sound, Waterways Management Division, US Coast Guard; telephone 206-
217-6323, e-mail<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because publishing an NPRM would be
impracticable due to the time required to finalize the list of event
participants.

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date would
be contrary to the public interest because immediate action is
necessary to protect the vessels that will be transiting in the parade.

Basis and Purpose

    Seattle's Seafair Fleet Week is an annual event which brings a
variety of vessels to Seattle. During the event, the visiting military
vessels are at risk because of their inherent military function, and
because they will be transiting in the Parade of Ships in close
proximity to spectators, highly populated areas, and other vessels.
This rule is necessary to ensure the security of visiting foreign and
domestic military vessels not covered under the Naval Vessel Protection
Zone (NVPZ). See 33 CFR part 165, subpart G. The size of these security
zones is necessary to ensure the security of the visiting vessels is
equivalent to the vessels protected by the NVPZ. While participating in
the Parade of Ships it is important for the on scene patrol to have a
consistent zone size for all participating ships. The security zones
will help prevent any acts which would harm the vessels and their crew
and endanger vessels, property, and persons along the parade route.

Discussion of Rule

    The temporary security zones established by this rule will prohibit
any person or vessel from entering or remaining within 500 yards of the
HMCS WHITEHORSE (NCSM 705), HMCS NANAIMO (NCSM 702), and the USCGC
MELLON (WHEC 717) while these vessels are participating in the Parade
of Ships and while moored at Pier 66, Terminal 25, and Terminal 46. The
COTP has granted general permission for vessels to enter the outer 400
yards of the security zone, so long as any vessels doing so operate at
the minimum speed necessary to maintain course. In the event the COTP
must revoke the general permission to enter, notice will be provided to
the public via a Broadcast Notice to Mariners. The security zones will
be enforced by Coast Guard personnel. The COTP may also be assisted in
the enforcement of the zones by other federal, state, or local
agencies.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    The Coast Guard bases this finding on the fact that the security
zones will be in place for a limited period of time and vessel traffic
will be able to transit around the security zones. Maritime traffic may
also request permission to transit through the zones from the COTP,
Puget Sound or a Designated Representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which may be
small entities; the owners and operators of vessels intending to
operate in the waters covered by the security zones while they are in
effect. The rule will not have a significant economic impact on a
substantial number of small entities because the security zones will be
in place for a limited period of time and maritime traffic will still
be able to transit around the security zones. Maritime traffic may also
request permission to transit though the zones from the COTP, Puget
Sound or Designated Representative.

Assistance for Small Entities

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

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and

does not create an environmental risk to health or risk to safety that
may disproportionately affect children.

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

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

Environment

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T13-186 to read as follows:

Sec.  165.T13-186  Security Zone; 2011 Seattle Seafair Fleet Week
Moving Vessels, Puget Sound, Washington

    (a) Location. The following areas are security zones: All waters
within the Captain of the Port Puget Sound Zone encompassed within 500
yards of the HMCS WHITEHORSE (NCSM 705), HMCS NANAIMO (NCSM 702), and
the USCGC MELLON (WHEC 717) while each vessel is participating in the
Seafair Fleet Week Parade of Ships and while moored at Pier 66,
Terminal 25, and Terminal 46, Elliott Bay, Seattle, WA.
    (b) Regulations. In accordance with the general regulations in 33
CFR Part 165, Subpart D, no person or vessel may enter or remain in the
security zones without the permission of the COTP or Designated
Representative. The COTP has granted general permission for vessels
that operate at the minimum speed necessary to maintain course to enter
the outer 400 yards of the security zone. In the event the COTP must
revoke the general permission to enter, notice will be provided to the
public via a Broadcast Notice to Mariners. See 33 CFR Part 165, Subpart
D, for additional requirements. The COTP may be assisted by other
federal, state or local agencies with the enforcement of the security
zones.
    (c) Authorization. All vessel operators who desire to transit
through the outer 400 yards of the security zones at greater than
minimum speed necessary to maintain course, enter the inner 100 yards
of the security zones, or enter any portion of the security zones when
general permission to transit through outer 400 yards of the security
zones at minimum speed necessary to maintain course has been revoked
must obtain permission from the COTP or Designated Representative by
contacting the on-scene Coast Guard patrol craft on VHF 13 or Ch 16.
Requests must include the reason why movement within the security zones
is necessary. Vessel operators granted permission to enter the security
zones will be escorted by the on-scene Coast Guard patrol craft until
they are outside of the security zones, except that vessels operating
in the security zones under general permission to transit through the
outer 400 yards of the security zones at minimum speed necessary to
maintain course will not be escorted.
    (d) Enforcement period. This rule is effective from 8 a.m. on
August 3, 2011, through 5 p.m. on August 8, 2011.

    Dated: June 27, 2011.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2011-17261 Filed 7-8-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Rules and Regulations]
[Page 63099]
[FR Doc No: 2013-24689]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9901-75-Region 2]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Hooker (Hyde Park) Superfund
Site

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) Region 2 announces
the deletion of the Hooker (Hyde Park) Superfund Site (Site) located in
Niagara Falls, New York, from the National Priorities List (NPL). The
NPL, promulgated pursuant to section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) of
1980, as amended, is an appendix of the National Oil and Hazardous
Substances Pollution Contingency Plan (NCP). The EPA and the State of
New York, through the Department of Environmental Conservation, have
determined that all appropriate response actions under CERCLA, other
than operation, maintenance, and five-year reviews, have been
completed. However, this deletion does not preclude future actions
under Superfund.

DATES: This action is effective October 23, 2013.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-HQ-SFUND-1983-0002. All documents in the docket
are listed on the http://www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, i.e.,
confidential business information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through http://www.regulations.gov or
in hard copy at the site information repositories. Locations, contacts,
phone numbers, and viewing hours are:

U.S. Environmental Protection Agency, Region 2, Superfund Records
Center, 290 Broadway, 18th Floor, New York, NY 10007-1866, Telephone:
(212) 637-4308. Hours: Monday to Friday from 9:00 a.m. to 5:00 p.m.
U.S. EPA Western New York Public Information Office, 86 Exchange Place,
Buffalo, NY 14204-2026. Telephone:<PHONE_NUMBER>. Hours: Monday to
Friday from 8:30 a.m. to 4:00 p.m.

FOR FURTHER INFORMATION CONTACT: Gloria M. Sosa, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 2, 290 Broadway,
20th Floor, New York, NY 10007-1866, telephone:<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Site to be deleted from the NPL is the
Hooker (Hyde Park) Superfund Site, located in Niagara Falls, New York.
A Notice of Intent to Delete for this Site was published in the Federal
Register on August 20, 2012 (77 FR 50038-50044).
    The closing date for comments on the Notice of Intent to Delete was
September 19, 2012. During the comment period, EPA received
correspondence offering critical comments. The comments reflected
concern that the Site is a continuing source of contaminants to the
Niagara River and the deletion of the Site was premature. As a result
of the critical comments, EPA published a Notice of Withdrawal of
Direct Final Deletion of the Site in the Federal Register on September
27, 2012 (77 FR 59338), withdrawing the direct final deletion for the
Site and announcing it would evaluate and respond to the significant
comments and, if appropriate, proceed with the traditional two-step
deletion process.
    After careful consideration of the comments received, EPA concluded
that the deletion of the Site is still appropriate. Following various
lines of evidence, EPA has concluded that the performance objectives of
the remedy selected for the Site in 1984 continue to be met and that
the remedy selected for the Site is protective of human health and the
environment. All response activities selected in the remedy have been
implemented, and operation and maintenance activities are ongoing. EPA
has the authority to respond appropriately if a problem or situation
arises at a site after it is deleted. EPA will continue to provide
oversight, review monitoring reports, and routinely communicate with
the responsible party performing work at the Site. Operation and
maintenance of the remedy will continue at the Site and monitoring will
continue to be performed to confirm the effectiveness of response
actions performed at the Site, including the maintenance of hydraulic
capture.
    A responsiveness summary was prepared which addresses all comments
received on the deletion and provides rationale that the deletion is
considered appropriate. The responsiveness summary and all comments on
the deletion action may be viewed in both the docket, EPA-HQ-SFUND-
1983-0002, on www.regulations.gov, and in the local repositories listed
above.
    EPA maintains the NPL as the list of sites that appear to present a
significant risk to public health, welfare, or the environment.
Deletion from the NPL does not preclude further remedial action.
Whenever there is a significant release from a site deleted from the
NPL, the deleted site may be restored to the NPL without application of
the hazard ranking system. Deletion of a site from the NPL does not
affect responsible party liability in the unlikely event that future
conditions warrant further actions.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Dated: September 26, 2013.
Judith A. Enck,
Regional Administrator, EPA, Region 2.
    For reasons set out in the preamble, 40 CFR part 300 is amended as
follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923; 3 CFR, 1987 Comp., p. 193.

0
2. Table 1 of Appendix B to part 300 is amended by removing the entry
under ``NY'' for Hooker (Hyde Park), Niagara Falls.

[FR Doc. 2013-24689 Filed 10-22-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Notices]
[Pages 7030-7031]
[FR Doc No: 2018-03203]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-458-000]

Midship Pipeline Company, LLC Notice of Availability of the Draft
Environmental Impact Statement for the Proposed Midcontinent Supply
Header Interstate Pipeline Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared a draft environmental impact statement (EIS)
for the Midcontinent Supply Header Interstate Pipeline Project,
proposed by Midship Pipeline Company, LLC (Midship Pipeline) in the
above-referenced docket. Midship Pipeline requests authorization to
construct and operate approximately 233.6 miles of new pipeline, three
compressor stations, a booster station, and accompanying facilities
that would deliver an additional 1.44 billion standard cubic feet per
day of year-round firm transportation capacity from Kingfisher County,
Oklahoma to existing natural gas pipelines near Bennington, Oklahoma
for transport to growing Gulf Coast and Southeast Markets.
    The draft EIS assesses the potential environmental effects of the
construction and operation of the project in accordance with the
requirements of the National Environmental Policy Act. The FERC staff
concludes that approval of the project would result in some adverse
environmental impacts; however, these impacts would be reduced to less-
than-significant levels with the implementation of Midship Pipeline's
proposed mitigation and the additional measures recommended in the
draft EIS.
    The U.S. Environmental Protection Agency participated as a
cooperating agency in the preparation of the EIS. Cooperating agencies
have jurisdiction by law or special expertise with respect to resources
potentially affected by the proposal and participate in the National
Environmental Policy Act analysis. The U.S. Environmental Protection
Agency provided input to the conclusions and recommendations presented
in the draft EIS.
    The draft EIS addresses the potential environmental effects of the
construction and operation of the following proposed project facilities
in Oklahoma:
     199.6 miles of new 36-inch-diameter natural gas pipeline
in Kingfisher, Canadian, Grady, Garvin, Stephens, Carter, Johnston, and
Bryan Counties;
     20.4 miles of new 30-inch-diameter pipeline lateral in
Kingfisher County;
     13.6 miles of 16-inch-diameter pipeline lateral in
Stephens, Carter, and Garvin Counties;
     three new compressor stations and one new booster station
in Canadian, Garvin, Bryan, and Stephens Counties; and
     seven new receipt meters, two new receipt taps, four new
delivery meters, and appurtenant facilities.

Distribution and Comments on the Draft Environmental Impact Statement

    The FERC staff mailed copies of the draft EIS to federal, state,
and local government representatives and agencies; elected officials;
environmental and public interest groups; Native American tribes;
potentially affected landowners and other interested individuals and
groups; and newspapers and libraries in the project area. Paper copy
versions of this draft EIS were mailed to those specifically requesting
them; all others received a CD version. In addition, the draft EIS is
available for public viewing on the FERC's website (www.ferc.gov) using
the eLibrary link. A limited number of copies are available for
distribution and public inspection at: Federal Energy Regulatory
Commission, Public Reference Room, 888 First Street NE, Room 2A,
Washington, DC 20426,<PHONE_NUMBER>.
    Any person wishing to comment on the draft EIS may do so. To ensure
consideration of your comments on the proposal in the final EIS, it is
important that the Commission receive your comments on or before April
2, 2018.
    For your convenience, there are four methods you can use to submit
your comments to the Commission. The Commission will provide equal

consideration to all comments received, whether filed in written form
or provided verbally. The Commission encourages electronic filing of
comments and has expert staff available to assist you at<PHONE_NUMBER>
or [email protected]. Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's website (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project.
    (2) You can file your comments electronically by using the eFiling
feature on the Commission's website (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' If you are filing a comment on a particular project,
please select ``Comment on a Filing'' as the filing type.
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the project docket number
(CP17-458-000) with your submission: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE, Room 1A,
Washington, DC 20426.
    4) In lieu of sending written or electronic comments, the
Commission invites you to attend one of the public comment sessions its
staff will conduct in the project area to receive comments on the draft
EIS, scheduled as follows:

------------------------------------------------------------------------
             Date and time                           Location
------------------------------------------------------------------------
March 12, 2018, 4:00-8:00 pm...........  Donald W. Reynolds Community
                                          Center, 1515 W. Main Street,
                                          Durant, OK 74701, (580) 924-
                                          3486.
March 13, 2018, 4:00-8:00 pm...........  Ardmore Convention Center, 2401
                                          N. Rockford Road, Ardmore, OK
                                          73401,<PHONE_NUMBER>.
March 14, 2018, 4:00-8:00 pm...........  Elmore City Community Center,
                                          104 S. Main Street, Elmore
                                          City, OK 73433, (580) 788-
                                          2345.
March 15, 2018, 4:00-8:00 pm...........  Redlands Community College,
                                          1300 S. Country Club Road, El
                                          Reno, OK 73036, (405) 262-
                                          2552.
------------------------------------------------------------------------

    There will not be a formal presentation by Commission staff at any
of the public comment sessions, although a format outline handout will
be made available. Each comment sessions is scheduled from 4:00 p.m. to
8:00 p.m. (central time zone). If you wish to speak, the Commission
staff will hand out numbers in the order of your arrival; distribution
of numbers will be discontinued at 7:00 p.m. However, if no additional
numbers have been handed out and all individuals who wish to provide
comments have had an opportunity to do so, staff may conclude the
session at 7:00 p.m.
    The primary goal of the public comment sessions is to have you
identify the specific environmental issues and concerns with the draft
EIS. Individual verbal comments will be recorded on a one-on-one basis
with a Court Reporter (with FERC staff or representative present) and
become part of the public record for this proceeding. If a significant
number of people are interested in providing verbal comments in the
one-on-one settings, a time limit of 5 minutes may be implemented for
each commentor. Transcripts of all comments from the sessions will be
placed into the docket for the project, which are accessible for public
viewing on the FERC's website (at www.ferc.gov) through our eLibrary
system. This format is designed to receive the maximum amount of verbal
comments, in a convenient way during the timeframe allotted.
    Commission staff will be available at each venue of the public
sessions to answer questions about our environmental review process. It
is important to note that written comments mailed to the Commission and
those submitted electronically are reviewed by staff with the same
scrutiny and consideration as the verbal comments given at the public
sessions.
    Any person seeking to become a party to the proceeding must file a
motion to intervene pursuant to Rule 214 of the Commission's Rules of
Practice and Procedures (Title 18 of the Code of Federal Regulations,
Part 385.214).\1\ Only intervenors have the right to seek rehearing of
the Commission's decision. The Commission grants affected landowners
and others with environmental concerns intervenor status upon showing
good cause by stating that they have a clear and direct interest in
this proceeding that no other party can adequately represent. Simply
filing environmental comments will not give you intervenor status, but
you do not need intervenor status to have your comments considered.
---------------------------------------------------------------------------

    \1\ See the previous discussion on the methods for filing
comments.
---------------------------------------------------------------------------

Questions

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search,'' and enter the docket number
excluding the last three digits in the Docket Number field (i.e., CP17-
458). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
[email protected] or toll free at<PHONE_NUMBER>; for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Dated: February 9, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-03203 Filed 2-15-18; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 219 (Wednesday, November 13, 2019)]
[Notices]
[Page 61614]
[FR Doc No: 2019-24632]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 2386-004; 2387-003; 2388-004]

City of Holyoke Gas and Electric Department; Notice of
Availability of Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380, the Office of Energy Projects has
reviewed the application for licenses for the Holyoke Number 1, Holyoke
Number 2, and Holyoke Number 3 Hydroelectric Projects, located on the
Holyoke Canal System in the City of Holyoke, Hampden County,
Massachusetts, and has prepared an Environmental Assessment (EA) for
the projects.
    The EA contains the staff's analysis of the potential environmental
impacts of the projects and concludes that licensing the projects would
not constitute a major federal action that would significantly affect
the quality of the human environment.
    A copy of the EA is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's website at
http://www.ferc.gov using the eLibrary link. Enter the docket number
excluding the last three digits in the docket number field to access
the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY).
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    Any comments should be filed within 30 days from the date of this
notice.
    The Commission strongly encourages electronic filing. Please file
comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to
6,000 characters, without prior registration, using the eComment system
at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support. In lieu of electronic
filing, please send a paper copy to: Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426. The
first page of any filing should include the relevant docket number(s):
P-2386-004, P-2387-003, and/or P-2388-004.
    For further information, contact Kyle Olcott at<PHONE_NUMBER>.

    Dated: November 6, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-24632 Filed 11-12-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 81 (Wednesday, April 27, 2011)]
[Notices]
[Page 23581]
[FR Doc No: 2011-10060]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER11-3380-000]

Scylla Energy LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Scylla Energy LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is May 10, 2011.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 20, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-10060 Filed 4-26-11; 8:45 am]
BILLING CODE 6717-01-P