[Federal Register: July 29, 2010 (Volume 75, Number 145)]
[Rules and Regulations]
[Page 44720-44723]
[DOCID:fr29jy10-4]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0585]
RIN 1625-AA00

Safety Zone; Live-Fire Gun Exercise, M/V Del Monte, James River,
VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone
encompassing the M/V Del Monte. This safety zone will restrict vessel
traffic on a portion of the James River in the vicinity of the James
River Reserve Fleet within a 1500 foot radius of the M/V Del Monte.
This action is intended to restrict vessel traffic movement on
specified waters of the James River to protect mariners from the
hazards associated with live fire and explosive training events.

DATES: This rule is effective from 8 a.m. on August 2, 2010 to 4 p.m.
on August 6, 2010.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0585 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0585 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 LT Tiffany Duffy, Chief Waterways
Management, Sector Hampton Roads, Coast Guard; telephone<PHONE_NUMBER>,
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

    We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. The Coast Guard is establishing this safety zone to
facilitate mission-essential training directly related to military
operations and national security. Accordingly, based on the military
function exception to the Administrative Procedure Act, 5 U.S.C.
553(a)(1), notice and comment rulemaking under 5 U.S.C. 553(b) and an
effective date of 30 days after publication under 5 U.S.C. 553(d) are
not required for this rule.
    Even if the Coast Guard were required to comply with the notice and
comment provisions of the Administrative Procedure Act, under 5 U.S.C.
553(b)(B), we find that good cause exists for not publishing an NPRM.
This exercise is necessary to train and qualify Navy personnel in the
use of weapons. This training is necessary to ensure that Navy
personnel located within the Fifth Coast Guard District are properly
trained and qualified before conducting military and national security
operations for use in securing ports and waterways. Navy policy
requires that Navy personnel meet and maintain certain qualification
standards before being allowed to carry weapons on board vessels.
Failure to conduct this required training at this time will result in a
lapse in personnel qualification standards and, consequently, the
inability of Navy personnel to carry out important national security
functions at any time. It is impracticable, unnecessary, and contrary
to public interest to delay the issuance of this rule.

Basis and Purpose

    Coast Guard Sector Hampton Roads was notified that the U.S. Navy
will conduct a live fire and explosive training event onboard the M/V
Del Monte in the vicinity of the James River Reserve Fleet. The event
is scheduled to take place from August 2, 2010 to August 6, 2010. Due
to the need to protect mariners transiting on the James River in the
vicinity of the exercise from the hazards associated with live fire and
explosive events, the Coast Guard is establishing a safety zone bound
by a 1500 foot radius around approximate position 37[deg]06'11'' N/
076[deg]38'40'' W (NAD 1983). Access to this area will be temporarily
restricted for public safety purposes.

Discussion of Rule

    The Coast Guard is establishing a 1500 foot radius safety zone on
specified waters of James River around approximate position
37[deg]06'11'' N/076[deg]38'40'' W (NAD 1983) in the vicinity of the
James River Reserve Fleet. This safety zone is being established in the
interest of public safety during the live fire and explosive training
exercise and will be enforced from 8 a.m. on August 2, 2010 to 4 p.m.
on August 6, 2010. Access to the safety zone will be restricted during
the specified dates and times. Except for vessels authorized by the
Captain of the Port or his Representative, no person or vessel may
enter or remain in the safety zone.

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. Although this regulation restricts access
to the safety zone, the effect of this rule will not be significant
because: (i) The safety zone will be in effect for a limited duration;
(ii) the zone is of limited size; and (iii) the Coast Guard will make
notifications via maritime advisories so mariners can adjust their
plans accordingly. For the above reasons, the Coast Guard does not
anticipate any significant economic impact.

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 or operators of vessels intending to transit
or anchor in a portion of the James River from 8 a.m. on August 2, 2010
to 4 p.m. on August 6, 2010. This safety zone will not have a
significant economic impact on a substantial number of small entities
for the following reasons: (i) The safety zone will only be in place
for a limited duration; (ii) before the effective period of August 2,
2010, maritime advisories will be issued allowing mariners to adjust
their plans accordingly.

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
that 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 a temporary
safety zone that will be in effect for only five days and is intended
to keep mariners safe from the hazards associated with live fire and
explosive exercises. An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
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, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T05-0585 to read as follows:

Sec.  165.T05-0585  Safety Zone; Live-Fire Gun Exercise, M/V Del Monte,
James River, VA

    (a) Location. The following area is a safety zone: All waters in
the vicinity of the James River Reserve Fleet on the James River within
a 1500 foot radius of position 37[deg]06'11'' N./076[deg]38'40'' W.
(NAD 1983).
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port, Hampton Roads, Virginia (COTP) in the enforcement
of the safety zone.
    (c) Regulations. (1) Under the general regulations in Sec.  165.23,
entry into, transiting, or anchoring within this safety zone is
prohibited unless authorized by the COTP or the COTP's designated
representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or the COTP's designated representative.
    (d) Enforcement and suspension of enforcement of certain safety
zones. (1) The safety zone in paragraph (a) of this section will be
enforced only when a Coast Guard vessel or Navy asset is operating in
the safety zone for the purpose of conducting gunnery exercises.
    (2) A notice will be published in the Federal Register announcing
when the safety zone in paragraph (a) of this section will be enforced.
    (3) The COTP will provide notice of the enforcement of the safety
zones listed in paragraph (a) of this section and notice of suspension
of enforcement by the means appropriate to affect the widest publicity,
including broadcast

notice to mariners and publication in the local notice to mariners.
    (d) Enforcement period. This section is effective from 8 a.m. on
August 2, 2010 to 4 p.m. on August 6, 2010.

    Dated: July 15, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2010-18634 Filed 7-28-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Notices]
[Pages 54461-54462]
[FR Doc No: 2011-22377]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER11-4351-000]

Pinnacle Wind, 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
Pinnacle Wind, 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 September 14, 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: August 25, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-22377 Filed 8-31-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 29, 2008 (Volume 73, Number 210)]
[Notices]
[Page 64323-64324]
[DOCID:fr29oc08-58]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0306; FRL-8385-8]

Pesticide Product Registration; Conditional Approval

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces Agency approval of an application
submitted by Syngenta Seeds, Inc., to conditionally register the
pesticide product VipCot containing new active ingredients not included
in any previously registered products pursuant to the provisions of
section 3(c)(7)(C) of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), as amended.

FOR FURTHER INFORMATION CONTACT: Alan Reynolds, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

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

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2007-0306. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal
Dr., Arlington, VA. The hours of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The Docket Facility telephone number is<PHONE_NUMBER>.
    In accordance with section 3(c)(2) of FIFRA, a copy of the approved
label, the list of data references, the data and other scientific
information used to support registration, except for material
specifically protected by section 10 of FIFRA, are also available for
public inspection. Requests for data must be made in accordance with
the provisions of the Freedom of Information Act and must be addressed
to the Freedom of Information Office (A-101), 1200 Pennsylvania Ave.,
NW., Washington, DC 20460-0001. Such requests should: Identify the
product name and registration number and specify the data or
information desired.
    Electronic versions of the fact sheet and Biopesticide Regulatory
Action Document are available at http://www.epa.gov/oppbppd1/
biopesticides/pips/pip_list.htm.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. Did EPA Conditionally Approve the Application?

    A conditional registration may be granted under section 3(c)(7)(C)
of FIFRA for a new active ingredient where certain data are lacking, on
condition that such data are received by the end of the conditional
registration period and do not meet or exceed the risk criteria set
forth in 40 CFR 154.7; that use of the pesticide during the conditional
registration period will not cause unreasonable adverse effects; and
that use of the pesticide is in the public interest. The Agency has
considered the available data on the risks associated with the proposed
use of Bacillus thuringiensis Vip3Aa19 (vector pNOV3001; OECD Unique
Identifier SYN-IR102-7) and modified Cry1Ab (vector pNOV4641; OECD
Unique Identifier SYN-IR67B-1) insecticidal proteins and the genetic
material necessary for their production in VipCot cotton, and
information on social, economic, and environmental benefits to be
derived from such use. Specifically, the Agency has considered the
nature and its pattern of use, application methods and rates, and level
and extent of potential exposure. Based on these reviews, the Agency
was able to make basic health and safety determinations which show that
use of Bacillus thuringiensis Vip3Aa19 (vector pNOV3001; OECD Unique
Identifier SYN-IR102-7) and modified Cry1Ab (vector pNOV4641; OECD
Unique Identifier SYN-IR67B-1) insecticidal proteins and the genetic
material necessary for their production in VipCot cotton during the
period of conditional registration will not cause any unreasonable
adverse effect on the environment, and that use of the pesticides are,
in the public interest.
    Consistent with section 3(c)(7)(C) of FIFRA, the Agency has
determined that these conditional registrations are in the public
interest. Use of the pesticides are of significance to the user
community, and appropriate labeling, use directions, and other measures
have been taken to

ensure that use of the pesticides will not result in unreasonable
adverse effects to man and the environment.

III. Approved Conditional Application

    EPA issued a notice, published in the Federal Register of May 30,
2007 (72 FR 29999) (FRL-8131-7), which announced that Syngenta Seeds,
Inc., 3054 Cornwallis Road, P.O. Box 12257, Research Triangle Park, NC
27709, had submitted an application to conditionally register the
pesticide product, VipCot, Plant-Incorporated Protectant (EPA File
Symbol 67979-O), containing Bacillus thuringiensis Vip3Aa19 (vector
pNOV3001) and modified Cry1Ab (vector pNOV4641) insecticidal proteins
and the genetic material necessary for their production in VipCot
cotton containing active ingredients not included in any previously
registered product.
    The application was conditionally approved on June 26, 2008, as
VipCot Cotton (EPA Registration Number 67979-9). The product is a
plant-incorporated protectant for use on cotton.

List of Subjects

    Environmental protection, Chemicals, Pests and pesticides.

    Dated: October 9, 2008.
W. Michael McDavit,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.
[FR Doc. E8-25314 Filed 10-28-08; 8:45 am]

BILLING CODE 6560-50-S


in no more than three consecutive quarters. To perform a CGA,
challenge the CEMS with a zero-level and two upscale level audit
gases of known concentrations within the following ranges:

------------------------------------------------------------------------
              Audit point                          Audit range
------------------------------------------------------------------------
1 (Mid-Level).........................  50 to 60% of span value.
2 (High-Level)........................  80 to 100% of span value.
------------------------------------------------------------------------

    <IP_ADDRESS> Inject each of the three audit gases (zero and two
upscale) three times each for a total of nine injections. Inject the
gases in such a manner that the entire CEMS is challenged. Do not
inject the same gas concentration twice in succession.
    <IP_ADDRESS> Use HCl audit gases that meet the requirements of
section 7 of PS-18 in appendix B to this part.
    <IP_ADDRESS> Calculate results as described in section 6.3.
    5.2.4 Dynamic Spiking Audit. For extractive CEMS, a quarterly
DSA may be conducted as an option to conducting a RATA in three of
four calendar quarters, but in no more than three quarters in
succession.
    <IP_ADDRESS> To conduct a DSA, you must challenge the entire HCl CEMS
with a zero gas in accordance with the procedure in section 11.8 of
PS-18 in appendix B of this part. You must also conduct the DS
procedure as described in appendix A to PS-18 of appendix B to this
part. You must conduct three spike injections with each of two
upscale level audit gases. The upscale level gases must meet the
requirements of section 7 of PS-18 in appendix B to this part and
must be chosen to yield concentrations at the analyzer of 50 to 60
percent of span and 80 to 100 percent of span. Do not inject the
same gas concentration twice in succession.
    <IP_ADDRESS> Calculate results as described in section 6.4. You must
calculate the dynamic spiking error (DSE) for each of the two
upscale audit gases using the combination of Equation A5 and A6 in
appendix A to PS-18 in appendix B to this part to determine CEMS
accuracy.
    5.2.5 Other Alternative Quarterly Audits. Other alternative
audit procedures, as approved by the Administrator, may be used for
three of four calendar quarters.
    5.3 Out of Control Criteria for Excessive Audit Inaccuracy. If
the results of the RATA, RAA, CGA, or DSA do not meet the applicable
performance criteria in section 5.3.4, the CEMS is out-of-control.
If the CEMS is out-of-control, take necessary corrective action to
eliminate the problem. Following corrective action, the CEMS must
pass a test of the same type that resulted in the out-of-control
period to determine if the CEMS is operating within the
specifications (e.g., a RATA must always follow an out-of-control
period resulting from a RATA).
    5.3.1 If the audit results show the CEMS to be out-of-control,
you must report both the results of the audit showing the CEMS to be
out-of-control and the results of the audit following corrective
action showing the CEMS to be operating within specifications.
    5.3.2 Out-Of-Control Period Duration for Excessive Audit
Inaccuracy. The beginning of the out-of-control period is the time
corresponding to the completion of the sampling for the failed RATA,
RAA, CGA or DSA. The end of the out-of-control period is the time
corresponding to the completion of the sampling of the subsequent
successful audit.
    5.3.3 CEMS Data Status During Out-Of-Control Period. During the
period the CEMS is out-of-control, the CEMS data may not be used in
calculating emission compliance nor be counted towards meeting
minimum data availability as required and described in the
applicable regulation or permit.
    5.3.4 Criteria for Excessive Quarterly and Yearly Audit
Inaccuracy. Unless specified otherwise in the applicable regulation
or permit, the criteria for excessive inaccuracy are:
    <IP_ADDRESS> For the RATA, the CEMS must meet the RA specifications
in section 13.4 of PS-18 in appendix B to this part.
    <IP_ADDRESS> For the CGA, the accuracy must not exceed 5.0 percent of
the span value at the zero gas and the mid- and high-level reference
gas concentrations.
    <IP_ADDRESS> For the RAA, the RA must not exceed 20.0 percent of the
RMavg as calculated using Equation 6-2 in section 6.2 of
this procedure whether calculated in units of HCl concentration or
in units of the emission standard. In cases where the RA is
calculated on a concentration (ppmv) basis, if the average HCl
concentration measured by the RM during the test is less than 75
percent of the HCl concentration equivalent to the applicable
standard, you may substitute the equivalent emission standard value
(in ppmvw) in the denominator of Equation 6-2 in the place of
RMavg and the result of this alternative calculation of
RA must not exceed 15.0 percent.
    <IP_ADDRESS> For DSA, the accuracy must not exceed 5.0 percent of the
span value at the zero gas and the mid- and high-level reference gas
concentrations or 20.0 percent of the applicable emission standard,
whichever is greater.
    <IP_ADDRESS> For the gas temperature measurement audit, the CEMS must
satisfy the requirements in section 13.7 in PS-18 of appendix B to
this part.
    <IP_ADDRESS> For the gas pressure measurement audit, the CEMS must
satisfy the requirements in section 13.8 in PS-18 of appendix B to
this part.
    5.4 Criteria for Acceptable QC Procedures. Repeated excessive
inaccuracies (i.e., out-of-control conditions resulting from the
quarterly or yearly audits) indicate that the QC procedures are
inadequate or that the CEMS is incapable of providing quality data.
Therefore, whenever excessive inaccuracies occur for two consecutive
quarters, you must revise the QC procedures (see section 3.0) or
modify or replace the CEMS.
    5.5 Criteria for Optional QA Test Frequency. If all the quality
criteria are met in sections 4 and 5 of this procedure, the CEMS is
in-control.
    5.5.1 Unless otherwise specified in an applicable rule or
permit, if the CEMS is in-control and if your source emits <=75
percent of the HCl emission limit for each averaging period as
specified in the relevant standard for eight consecutive quarters
that include a

minimum of two RATAs, you may revise your auditing procedures to use
CGA, RAA or DSA each quarter for seven subsequent quarters following
a RATA.
    5.5.2 You must perform at least one RATA that meets the
acceptance criteria every 2 years.
    5.5.3 If you fail a RATA, RAA, CGA, or DSA, then the audit
schedule in section 5.2 must be followed until the audit results
meet the criteria in section 5.3.4 to start requalifying for the
optional QA test frequency in section 5.5.

6.0 Calculations for CEMS Data Accuracy

    6.1 RATA RA Calculation. Follow Equations 9 through 14 in
section 12 of PS-18 in appendix B to this part to calculate the RA
for the RATA. The RATA must be calculated either in units of the
applicable emission standard or in concentration units (ppmv).
    6.2 RAA Accuracy Calculation. Use Equation 6-2 to calculate the
accuracy for the RAA. The RA may be calculated in concentration
units (ppmv) or in the units of the applicable emission standard.
[GRAPHIC] [TIFF OMITTED] TR07JY15.097

Where:

RA = Accuracy of the CEMS (percent)
MNavg = Average measured CEMS response during the audit
in units of applicable standard or appropriate concentration.
RMavg = Average reference method value in units of
applicable standard or appropriate concentration.
    6.3 CGA Accuracy Calculation. For each gas concentration,
determine the average of the three CEMS responses and subtract the
average response from the audit gas value. For extractive CEMS,
calculate the ME at each gas level using Equation 3A in section 12.3
of PS-18 in appendix B to this part. For IP-CEMS, calculate the ME
at each gas level using Equation 6A in section 12.4.3 of PS-18 in
appendix B to this part.
    6.4 DSA Accuracy Calculation. DSA accuracy is calculated as a
percent of span. To calculate the DSA accuracy for each upscale
spike concentration, first calculate the DSE using Equation A5 in
appendix A of PS-18 in appendix B to this part. Then use Equation 6-
3 to calculate the average DSA accuracy for each upscale spike
concentration. To calculate DSA accuracy at the zero level, use
equation 3A in section 12.3 of PS-18 in appendix B to this part.
[GRAPHIC] [TIFF OMITTED] TR07JY15.098

7.0 Reporting Requirements

    At the reporting interval specified in the applicable regulation
or permit, report for each CEMS the quarterly and annual accuracy
audit results from section 6 and the daily assessment results from
section 4. Unless otherwise specified in the applicable regulation
or permit, include all data sheets, calculations, CEMS data records
(i.e., charts, records of CEMS responses), reference gas
certifications and reference method results necessary to confirm
that the performance of the CEMS met the performance specifications.
    7.1 Unless otherwise specified in the applicable regulations or
permit, report the daily assessments (CD and beam intensity) and
accuracy audit information at the interval for emissions reporting
required under the applicable regulations or permits.
    7.1.1 At a minimum, the daily assessments and accuracy audit
information reporting must contain the following information:
    a. Company name and address.
    b. Identification and location of monitors in the CEMS.
    c. Manufacturer and model number of each monitor in the CEMS.
    d. Assessment of CEMS data accuracy and date of assessment as
determined by a RATA, RAA, CGA or DSA described in section 5
including:
    i. The RA for the RATA;
    ii. The accuracy for the CGA, RAA, or DSA;
    iiii. Temperature and pressure sensor audit results for IP-CEMS;
    iv. The RM results, the reference gas certified values;
    v. The CEMS responses;
    vi. The calculation results as defined in section 6; and
    vii. Results from the performance audit samples described in
section 5 and the applicable RMs.
    e. Summary of all out-of-control periods including corrective
actions taken when CEMS was determined out-of-control, as described
in sections 4 and 5.
    7.1.2 If the accuracy audit results show the CEMS to be out-of-
control, you must report both the audit results showing the CEMS to
be out-of-control and the results of the audit following corrective
action showing the CEMS to be operating within specifications.

8.0 Bibliography

    1. EPA Traceability Protocol for Assay and Certification of
Gaseous Calibration Standards, U.S. Environmental Protection Agency
office of Research and Development, EPA/600/R-12/531, May 2012.
    2. Method 205, ``Verification of Gas Dilution Systems for Field
Instrument Calibrations,'' 40 CFR part 51, appendix M.

9.0 Tables, Diagrams, Flowcharts--[Reserved]

[FR Doc. 2015-16385 Filed 7-6-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 141 (Tuesday, July 23, 2013)]
[Notices]
[Pages 44110-44111]
[FR Doc No: 2013-17589]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14523-000]

FFP Project 130, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions to Intervene, and
Competing Applications

    On May 20, 2013, FFP Project 130, LLC filed an application for a
preliminary permit, pursuant to section 4(f) of the Federal Power Act
(FPA), proposing to study the feasibility of a hydropower project to be
located at the US Army Corps of Engineers' (Corps) Jonesville Lock &
Dam on the Black River near the town of Jonesville in Catahoula Parish,
Louisiana. The sole purpose of a preliminary permit, if issued, is to
grant the permit holder priority to file a license application during
the permit term. A preliminary permit does not authorize the permit
holder to perform any land-disturbing activities or otherwise enter
upon lands or waters owned by others without the owners' express
permission.
    The proposed project would consist of the following: (1) A 400-
foot-long, 110-foot-wide intake channel; (2) a 90-foot-long, 110-foot-
wide powerhouse containing three generating units with a total capacity
of 6 megawatts; (3) a 400-foot-long, 110-foot-wide tailrace; (4) a
4.16/69 kilo-Volt (kV) substation; and (5) a 10-mile-long, 69kV
transmission line. The proposed project would have an average annual
generation of 47,000 megawatt-hours, and operate as directed by the
Corps.
    Applicant Contact: Mr. Daniel Lissner, Free Flow Power Corporation,
239 Causeway Street, Suite 300, Boston, MA 02114.<PHONE_NUMBER>
    FERC Contact: Christiane Casey<EMAIL_ADDRESS>(202)
502-8577.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://

www.ferc.gov/docs-filing/ecomment.asp. You must include your name and
contact information at the end of your comments. For assistance, please
contact FERC Online Support at<EMAIL_ADDRESS>or toll free
at 1-866-208-3676, or for TTY,<PHONE_NUMBER>. Although the Commission
strongly encourages electronic filing, documents may also be paper-
filed. To paper-file, mail an original and five copies to: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street
NE., Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14523) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: July 16, 2013.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2013-17589 Filed 7-22-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 206 (Monday, October 26, 2015)]
[Notices]
[Pages 65266-65269]
[FR Doc No: 2015-27073]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76202; File No. SR-NYSEArca-2015-77]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Amendment No. 1 and Order Granting Accelerated Approval of a
Proposed Rule Change, as Modified by Amendment No. 1, To List and Trade
Shares of the First Trust Heitman Global Prime Real Estate ETF Under
NYSE Arca Equities Rule 8.600

October 20, 2015.

I. Introduction

    On August 28, 2015, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
list and trade shares (``Shares'') of the First Trust Heitman Global
Prime Real Estate ETF (the ``Fund,'') under NYSE Arca Equities Rule
8.600. The proposed rule change was published for comment in the
Federal Register on September 17, 2015.\3\ On October 1, 2015, the
Exchange filed Amendment No. 1 to the proposed rule change.\4\ The
Commission received no comments on the proposed rule change. The
Commission is publishing this notice to solicit comments on Amendment
No. 1 from interested persons, and is approving the proposed rule
change, as modified by Amendment No. 1, on an accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 75901 (September 11,
2015), 80 FR 55892 (``Notice'').
    \4\ In Amendment No. 1, the Exchange: (1) Identified the
investment objective of the Fund; (2) clarified the scope of the
Fund's permitted investments; (3) modified its description of the
Fund's Share redemption process; (4) supplemented its description of
the availability of price information for the Shares and the
underlying assets; (5) identified another entity as the
administrator, custodian, and transfer agent for the Fund; and (6)
made other technical changes. Amendment No. 1 is available at:
http://www.sec.gov/rules/sro/nysearca/2015/34-75901-amendment1.pdf.
---------------------------------------------------------------------------

II. The Exchange's Description of the Proposed Rule Change \5\
---------------------------------------------------------------------------

    \5\ The Commission notes that additional information regarding
the Trust, the Fund, its investments, and the Shares, including
investment strategies, risks, creation and redemption procedures,
fees, portfolio holdings disclosure policies, calculation of net
asset value (``NAV''), distributions, and taxes, among other things,
can be found in the Notice and the Registration Statement, as
applicable. See Notice, supra note 3, and Registration Statement,
infra note 6.
---------------------------------------------------------------------------

    The Exchange proposes to list and trade the Shares under NYSE Arca
Equities Rule 8.600, which governs the listing and trading of Managed
Fund Shares. The Shares will be offered by First Trust Exchange-Traded
Fund IV (``Trust''), a Massachusetts business trust which is registered
with the Commission as an open-end management investment company.\6\
First Trust Advisors L.P. (``First Trust'' or the ``Adviser'') will
serve as the investment adviser of the Fund. Heitman Real Estate
Securities LLC (``Sub-Adviser'') will be the sub-adviser to the Fund.
Heitman International Real Estate Securities HK Limited and Heitman
International Real Estate Securities GmbH (``Sub-Sub-Advisers'') will
be the sub-sub-advisers to the Fund. First Trust Portfolios L.P. will
be the principal underwriter and distributor of the Fund's Shares.
Brown Brothers Harriman & Co. (the ``BBH'') will serve as
administrator, custodian and transfer agent for the Fund.
---------------------------------------------------------------------------

    \6\ The Exchange states that the Trust is registered under the
1940 Act. According to the Exchange, on August 27, 2014, the Trust
filed an amendment to the Trust's registration statement on Form N-
1A under the Securities Act of 1933 (the ``1933 Act'') (15 U.S.C.
77a), and under the 1940 Act relating to the Fund (File Nos. 333-
174332 and 811-22559) (the ``Registration Statement''). The Exchange
states that the Commission has issued an order granting certain
exemptive relief to the Trust under the 1940 Act. See Investment
Company Act Release No. 28468 (October 27, 2008) (File No. 812-
13477).
---------------------------------------------------------------------------

Principal Investments

    The Exchange states that, under normal market conditions,\7\ at
least 80% of the Fund's net assets in the following U.S. and non-U.S.
exchange-traded real estate securities: Real estate investment trusts
(``REITs''), real estate operating companies (``REOCs'') and common
stocks or ``Depositary Receipts'' of companies primarily engaged in the
real estate industry (collectively, ``Real Estate Securities'').\8\ The
Fund may invest in non-U.S. securities (including securities of certain
non-U.S. companies), which include securities issued or guaranteed by
companies

organized under the laws of countries other than the United States
(including emerging markets). Certain Real Estate Securities in which
the Fund invests may be restricted securities (Rule 144A
securities).\9\ During the initial invest-up period, the Fund may
depart from its principal investment strategies and invest a larger
amount or all of its assets in cash equivalents or it may hold cash.
---------------------------------------------------------------------------

    \7\ The term ``under normal market conditions'' includes, but is
not limited to, the absence of extreme volatility or trading halts
in the equity markets or the financial markets generally;
operational issues causing dissemination of inaccurate market
information; or force majeure type events such as systems failure,
natural or man-made disaster, act of God, armed conflict, act of
terrorism, riot or labor disruption or any similar intervening
circumstance.
    \8\ The Fund's investments in Real Estate Securities and certain
non-U.S. companies (as referred to below under ``Non-Principal
Investments'') may be in the form of Depositary Receipts, which
include American Depositary Receipts, Global Depositary Receipts,
and European Depositary Receipts. All Depositary Receipts in which
the Fund invests will be traded on a U.S. or a non-U.S. exchange.
    \9\ Any such Real Estate Securities will be traded on a non-U.S.
exchange and will not be traded on a U.S. exchange.
---------------------------------------------------------------------------

Other Investments

    According to the Exchange, the Fund, under normal market
conditions, will invest up to 20% of the value of its net assets (plus
borrowings for investment purposes) in the following securities and
financial instruments described below.
    Equity securities, other than Real Estate Securities, in which the
Fund will invest may include common and preferred stocks. The Fund may
also invest in warrants and rights related to common stocks, preferred
equity securities and restricted securities (Rule 144A securities) that
are not also Real Estate Securities. The Fund may invest in exchange-
traded pooled investment vehicles, open-end or closed-end investment
company securities, other exchange-traded funds (``ETFs'') and business
development companies (``BDCs'') that invest primarily in securities of
the types in which the Fund may invest directly.
    The Fund may invest in companies that are considered to be
``passive foreign investment companies'' (``PFICs''), which are
generally certain non-U.S. corporations that receive at least 75% of
their annual gross income from passive sources (such as interest,
dividends, certain rents and royalties or capital gains) or that hold
at least 50% of their assets in investments producing such passive
income.
    Fixed income investments and cash equivalents held by the Fund may
include, the following types of investments: (1) U.S. government
securities, including bills, notes and bonds differing as to maturity
and rates of interest, which are either issued or guaranteed by the
U.S. Treasury or by U.S. government agencies or instrumentalities; (2)
certificates of deposit issued against funds deposited in a bank or
savings and loan association; (3) bankers' acceptances, which are
short-term credit instruments used to finance commercial transactions;
(4) repurchase agreements, which involve purchases of debt securities
with counterparties that are deemed by the Adviser to present
acceptable credit risks; (5) bank time deposits, which are monies kept
on deposit with banks or savings and loan associations for a stated
period of time at a fixed rate of interest; (6) commercial paper, which
are short-term unsecured promissory notes, including variable rate
master demand notes (direct lending arrangements between the Fund and a
corporation) issued by corporations to finance their current
operations; (7) shares of money market funds.
    The Fund may invest in the following types of non-U.S. fixed income
securities (including securities of certain non-U.S. companies):
Securities issued or guaranteed by companies organized under the laws
of countries other than the United States (including emerging markets),
securities issued or guaranteed by foreign, national, provincial,
state, municipal or other governments with taxing authority or by their
agencies or instrumentalities and debt obligations of supranational
governmental entities such as the World Bank or European Union. Non-
U.S. securities may also include U.S. dollar-denominated debt
obligations, such as ``Yankee Dollar'' obligations (U.S. dollar-
denominated obligations issued in the U.S. capital markets by foreign
corporations, banks and governments) of foreign issuers and of supra-
national government entities.
    The Fund also may invest in forward foreign currency exchange
contracts.

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of section 6 of the Act \10\
and the rules and regulations thereunder applicable to a national
securities exchange.\11\ In particular, the Commission finds that the
proposed rule change is consistent with section 6(b)(5) of the Act,\12\
which requires, among other things, that the Exchange's rules be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest. The Commission notes that the Fund and the Shares must comply
with the requirements of NYSE Arca Equities Rule 8.600 for the Shares
to be listed and traded on the Exchange.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f.
    \11\ In approving this proposed rule change, the Commission
notes that it has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission finds that the proposal to list and trade the Shares
on the Exchange is consistent with section 11A(a)(1)(C)(iii) of the
Act,\13\ which sets forth Congress's finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for, and transactions in, securities. According to the
Exchange, quotation and last sale information for the Shares and the
following U.S. exchange-traded equity securities will be available via
the Consolidated Tape Association high-speed line, and from the
national securities exchange on which they are listed: Real Estate
Securities, common stocks, preferred stocks, warrants, rights, pooled
investment vehicles, ETFs, closed end investment company securities,
BDCs, and PFICs. In addition, the Portfolio Indicative Value (``PIV'')
as defined in NYSE Arca Equities Rule 8.600 (c)(3), will be widely
disseminated every 15 seconds throughout the Exchange's Core Trading
Session by one or more major market data vendors. On each business day,
before commencement of trading in Shares in the Core Trading Session
(as defined in NYSE Arca Equities Rule 7.34(a)(2)), each Fund will
disclose on its Web site the Disclosed Portfolio (as defined in NYSE
Arca Equities Rule 8.600(c)(2)) that will form the basis for such
Fund's calculation of NAV at the end of the business day.\14\ The
Fund's NAV will be determined as of the close of regular trading on the
NYSE on each day the NYSE is open for trading. A basket composition
file, which will include the security names and share quantities
required to be delivered in exchange for the Shares, together with
estimates and actual cash components, will be publicly disseminated
daily prior to the opening of the New York Stock Exchange via the
National Securities Clearing Corporation. Information regarding market
price and trading volume of the Shares will be

continually available on a real-time basis throughout the day on
brokers' computer screens and other electronic services. Information
regarding the previous day's closing price and trading volume
information for the Shares will be published daily in the financial
section of newspapers. The Web site for the Fund will include a form of
the prospectus for the Fund and additional data relating to NAV and
other applicable quantitative information.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \14\ On a daily basis, the Fund will disclose on the Fund's Web
site the following information regarding each portfolio holding, as
applicable to the type of holding: Ticker symbol, CUSIP number or
other identifier, if any; a description of the holding (including
the type of holding); the identity of the security, commodity, index
or other asset or instrument underlying the holding, if any;
maturity date, if any; coupon rate, if any; effective date, if any;
market value of the holding; and the percentage weighting of the
holding in the Fund's portfolio. This information will be publicly
available at no charge.
---------------------------------------------------------------------------

    The Commission further believes that the proposal to list and trade
the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. The Commission notes that the Exchange will obtain a
representation from the issuer of the Shares that the NAV per Share
will be calculated daily and that the NAV and the Disclosed Portfolio
will be made available to all market participants at the same time.\15\
In addition, trading in the Shares will be subject to NYSE Arca
Equities Rule 8.600(d)(2)(D), which sets forth circumstances under
which Shares of a Fund may be halted. The Exchange may halt trading in
the Shares if trading is not occurring in the securities and/or the
financial instruments constituting the Disclosed Portfolio of a Fund,
or if other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present.\16\ Further, the
Commission notes that the Reporting Authority that provides the
Disclosed Portfolio of the Fund must implement and maintain, or be
subject to, procedures designed to prevent the use and dissemination of
material, non-public information regarding the actual components of the
portfolio.\17\ The Commission notes that the Financial Industry
Regulatory Authority (``FINRA''), on behalf of the Exchange,\18\ will
communicate as needed regarding trading in the Shares and certain
exchange-traded equity securities with other markets and other entities
that are members of the Intermarket Surveillance Group (``ISG''), and
FINRA, on behalf of the Exchange, may obtain trading information
regarding trading in the Shares and certain exchange-traded equity
securities from such markets and other entities. In addition, the
Exchange may obtain information regarding trading in the Shares and
certain exchange-traded equity securities from markets and other
entities that are members of ISG or with which the Exchange has in
place a comprehensive surveillance sharing agreement. The Exchange
states that it has a general policy prohibiting the distribution of
material, non-public information by its employees. According to the
Exchange, the Adviser, the Sub-Adviser and the Sub-Sub-Advisers are not
broker-dealers, but the Adviser is affiliated with First Trust
Portfolios L.P., a broker-dealer, and the Sub-Adviser and the Sub-Sub-
Advisers are affiliated with Heitman Securities LLC and Heitman UK
Limited, each a broker-dealer. The Exchange states that the Adviser,
the Sub-Adviser and the Sub-Sub-Advisers have each implemented fire
walls with respect to their respective broker-dealer affiliate(s)
regarding access to information concerning the composition and/or
changes to the portfolio. In the event (a) the Adviser, the Sub-Adviser
or either Sub-Sub-Adviser becomes registered as a broker-dealer or
newly affiliated with a broker-dealer, or (b) any new adviser, sub-
adviser or sub-sub-adviser is a registered broker-dealer or becomes
affiliated with a broker-dealer, the Exchange states that it will
implement a fire wall with respect to its relevant personnel or its
broker-dealer affiliate regarding access to information concerning the
composition and/or changes to the portfolio, and will be subject to
procedures designed to prevent the use and dissemination of material
non-public information regarding such portfolio.
---------------------------------------------------------------------------

    \15\ See NYSE Arca Equities Rule 8.600(d)(1)(B).
    \16\ See NYSE Arca Equities Rule 8.600(d)(2)(C) (providing
additional considerations for the suspension of trading in or
removal from listing of Managed Fund Shares on the Exchange). With
respect to trading halts, the Exchange may consider all relevant
factors in exercising its discretion to halt or suspend trading in
the Shares of each Fund. Trading in Shares of a Fund will be halted
if the circuit breaker parameters in NYSE Arca Equities Rule 7.12
have been reached. Trading also may be halted because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Shares inadvisable.
    \17\ See NYSE Arca Equities Rule 8.600(d)(2)(B)(ii).
    \18\ The Exchange states that, while FINRA surveils trading on
the Exchange pursuant to a regulatory services agreement, the
Exchange is responsible for FINRA's performance under this
regulatory services agreement.
---------------------------------------------------------------------------

    The Exchange deems the Shares to be equity securities, which
renders trading in the Shares subject to the Exchange's existing rules
governing the trading of equity securities.
    In support of this proposal, the Exchange has made additional
representations, including:
    (1) The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.600.
    (2) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (3) The Exchange represents that trading in the Shares will be
subject to the existing trading surveillances, administered by FINRA on
behalf of the Exchange, which are designed to detect violations of
Exchange rules and applicable federal securities laws. The Exchange
represents that these procedures are adequate to properly monitor
Exchange trading of the Shares in all trading sessions and to deter and
detect violations of Exchange rules and federal securities laws
applicable to trading on the Exchange.
    (4) Prior to the commencement of trading, the Exchange will inform
its Equity Trading Permit (``ETP'') Holders in an Information Bulletin
of the special characteristics and risks associated with trading the
Shares. Specifically, the Bulletin will discuss the following: (a) The
procedures for purchases and redemptions of Shares in Creation Units
(and that Shares are not individually redeemable); (b) NYSE Arca
Equities Rule 9.2(a), which imposes a duty of due diligence on its ETP
Holders to learn the essential facts relating to every customer prior
to trading the Shares; (c) the risks involved in trading the Shares
during the Opening and Late Trading Sessions when an updated PIV will
not be calculated or publicly disseminated; (d) how information
regarding the PIV will be disseminated; (e) the requirement that ETP
Holders deliver a prospectus to investors purchasing newly issued
Shares prior to or concurrently with the confirmation of a transaction;
and (f) trading information.
    (5) For initial and/or continued listing, the Fund will be in
compliance with Rule 10A-3\19\ under the Act, as provided by NYSE Arca
Equities Rule 5.3.
---------------------------------------------------------------------------

    \19\ 17 CFR 240.10A-3.
---------------------------------------------------------------------------

    (6) A minimum of 100,000 Shares for the Fund will be outstanding at
the commencement of trading on the Exchange.
    (7) Not more than 10% of the net assets of the Fund in the
aggregate invested in equity securities (other than non-exchange-traded
investment company securities) shall consist of equity securities whose
principal market is not a member of the ISG or is a market with which
the Exchange does not have a comprehensive surveillance sharing
agreement.
    This approval order is based on all of the Exchange's
representations.
    For the foregoing reasons, the Commission finds that the proposed
rule change, as modified by Amendment No. 1, is consistent with section
6(b)(5) of the Act \20\ and the rules and

regulations thereunder applicable to a national securities exchange.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Solicitation of Comments on Amendment No. 1

    Interested persons are invited to submit written data, views, and
arguments concerning whether Amendment No. 1 is consistent with the
Act. Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2015-77 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2015-77. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2015-77 and should
be submitted on or before November 16, 2015.

V. Accelerated Approval of Proposed Rule Change as Modified by
Amendment No. 1

    The Commission finds good cause to approve the proposed rule
change, as modified by Amendment No. 1, prior to the thirtieth day
after the date of publication of notice in the Federal Register.
Amendment No. 1 supplements the proposed rule change by, among other
things, clarifying the scope of the Fund's permitted investments and
adding additional information about the availability of prices for the
Shares and underlying assets. This new information aided the Commission
in evaluating the likelihood of effective arbitrage in the Shares.
Accordingly, the Commission finds good cause, pursuant to section
19(b)(2) of the Act,\21\ to approve the proposed rule change, as
modified by Amendment No. 1, on an accelerated basis.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

VI. Conclusion

    It is therefore ordered, pursuant to section 19(b)(2) of the
Act,\22\ that the proposed rule change (SR-NYSEArca-2015-77), as
modified by Amendment No. 1, be, and it hereby is, approved on an
accelerated basis.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-27073 Filed 10-23-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 154 (Monday, August 11, 2014)]
[Notices]
[Pages 46890-46892]
[FR Doc No: 2014-18875]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72759; File No. SR-CHX-2014-11]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend Section P of the Fee Schedule Concerning the Market Data
Revenue Rebates Program

August 5, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\, and Rule 19b-4\2\ thereunder, notice is hereby given
that on July 29, 2014, the Chicago Stock Exchange, Inc. (``CHX'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    CHX proposes to amend Section P of its Schedule of Fees and
Assessments (the ``Fee Schedule'') to amend the Market Data Revenue
(``MDR'') Rebates Program. The text of this proposed rule change is
available on the Exchange's Web site at (www.chx.com) and in the
Commission's Public Reference Room.

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

    In its filing with the Commission, the CHX included statements
concerning the purpose of and basis for the proposed rule changes and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The CHX 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 Changes

1. Purpose
    The Exchange proposes to amend Section P.2 of the Fee Schedule to
modify the MDR thresholds for Tape A and C Quotes and Trade Reports.
The Exchange does not propose to modify the Tape B thresholds or to
otherwise substantively amend how MDR rebates are currently calculated
and allocated. The Exchange proposes to make the following proposed
amendments operative October 1, 2014.
Background
    The current MDR Rebates Program calls for 50% of MDR received by
the Exchange in any one of six quote or trade reports pools that
exceeds the applicable Section P.2 threshold (``Excess MDR'') to be
shared with Participants in proportion to their respective Eligible
Quote Activity \3\ or Eligible Trade Activity \4\ in that pool from the
previous calendar quarter.\5\ The MDR rebate calculation is made each
quarter, per Participant, and per pool. The determination of how much a
Participant will receive pursuant to the MDR Rebates Program requires
the Exchange to first calculate Excess MDR and, if Excess MDR exists,
attribute quote and/or trade reports credits to eligible Participants.
---------------------------------------------------------------------------

    \3\ Section P.1 of the Fee Schedule defines ``Eligible Quote
Activity'' as ``a Participants quoting of displayed orders in Tapes
A, B and C securities.''
    \4\ Section P.1 of the Fee Schedules defines ``Eligible Trade
Activity'' as ``trades resulting from single-sided resting orders
submitted by the Participant in Tapes A, B and C securities.'' By
definition, Eligible Trade Activity excludes (1) executions
resulting from removing liquidity from the CHX book and (2) cross
orders.
    \5\ See Securities Exchange Act Release No. 71210 (December 31,
2013), 79 FR 869 (January 7, 2014) (SR-CHX-2013-24) (``Notice of
Filing and Immediate Effectiveness of Proposed Rule Change to Amend
the Market Data Revenue Rebates Program''); see also Securities
Exchange Act Release No. 70546 (September 27, 2013), 78 FR 61413
(October 3, 2013) (SR-CHX-2013-18) (``Notice of Filing and Immediate
Effectiveness of Proposed Rule Change to Adopt a Market Data Revenue
Rebates Program'').
---------------------------------------------------------------------------

    Current Section P.2 of the Fee Schedule provides the following MDR
thresholds:

----------------------------------------------------------------------------------------------------------------
                             Source                                   Tape A          Tape B          Tape C
----------------------------------------------------------------------------------------------------------------
Quotes..........................................................          $3,000        $204,000         $12,000
Trade Reports...................................................          27,000          36,000          18,000
----------------------------------------------------------------------------------------------------------------

The dollar values represent the amount of MDR that the Exchange will
keep (i.e., not eligible for sharing). Any amounts in excess of the
thresholds are considered Excess MDR and 50% of such Excess MDR could
be shared pursuant to the MDR Rebates Program. The current values are
based on historical data of the actual MDR received by the Exchange in
previous calendar quarters.
    In determining whether Excess MDR exists in a given pool, the
Exchange includes all MDR received by the Exchange in a given pool for
the given quarter and does not exclude any MDR from the threshold
calculation.\6\ The

following Example 1 illustrates how Excess MDR is calculated:
---------------------------------------------------------------------------

    \6\ The Securities Information Processors (``SIPs'') do not
distinguish between trades from single-sided orders and from cross
orders when attributing Trade Reports MDR to a SIP Participant, such
as the CHX. The SIPs make one MDR payment to the Exchange per pool
and quarter. Article 1, Rule 2(a)(2) defines ``cross order,'' in
pertinent part, as ``an order to buy and sell the same security at a
specific price better than the best bid and offer displayed in the
Matching System and which would not constitute a trade-through under
Reg NMS (including all applicable exceptions and exemptions).''

    Example 1. Assume that the Exchange receives $50,000 of MDR
payment in 4Q2014 for 3Q2014 Tape A Trade Reports. Given that
current Section P.2 provides that the MDR threshold for Tape A Trade
Reports to be $27,000, the result would be $23,000 Excess MDR in the
Tape A Trade Reports pool. Pursuant to current Section P.1 [sic], up
to $11,500, which is 50% of the $23,000 Excess MDR, could be shared
---------------------------------------------------------------------------
with eligible Participants.

    If Excess MDR exists in a pool, the Exchange will then attribute
quote credits to each Participant according to their Eligible Quote
Activity in that pool.\7\ If Excess MDR exists in a Trade Reports pool,
the Exchange will attribute trade reports credits to each Participant
according to their Eligible Trade Activity in that pool.\8\ These quote
and trade reports credits are calculated by the Exchange by utilizing a
set of calculations similar to calculations currently utilized by the
SIPs in attributing Quotes and Trade Reports MDR to SIP Participants.
Once all quote and trade reports credits have been allocated in a given
pool, each Participant is attributed an MDR rebate from the pool in an
amount that is equal to the product of a Participant's portion of the
total credits in that pool and 50% of the Excess MDR in that pool. The
sum of all attributed MDR rebates in a pool will equal 50% of the
Excess MDR in that pool.
---------------------------------------------------------------------------

    \7\ See supra note 3.
    \8\ See supra note 4.
---------------------------------------------------------------------------

    If the sum of rebates attributed to a Participant from all six
pools in a given quarter satisfies the de minimis requirement of
current Section P.3, the Participant will receive a payment equal to
that amount. However, if the de minimis requirement is not satisfied,
the Exchange will keep the entire sum that was attributed to the
Participant.
Proposed MDR Thresholds
    The Exchange now proposes to amend Section P.2 of the Fee Schedule
to eliminate the threshold values for Tapes A and C Quotes pools. This
will result in all MDR received in those pools to be considered Excess
MDR. Consequently, 50% of all MDR received in Tapes A and C Quotes
pools will be eligible for sharing with Participants pursuant to the
MDR Rebates Program.
    The Exchange also proposes to modify the threshold values for Tapes
A and C Trade Reports pools from $27,000 and $18,000, respectively, to
amounts equal to Trade Reports MDR received by the Exchange that can be
attributed by the Exchange to trade reports resulting from cross orders
in each pool. Thus, the proposed MDR thresholds for Tapes A and C Trade
Reports MDR will be a floating value that will be calculated quarterly
and will virtually be equal to the product of the MDR payment received
by the Exchange from the SIPs and the percentage of executions (i.e.,
trade reports) within the CHX Matching System in the relevant quarter
resulting from cross orders. Since the SIPs do not distinguish between
trades resulting from cross orders and single-sided orders for MDR
purposes, the Exchange will be making the quarterly calculation
itself.\9\ The following Example 2 illustrates how the proposed
floating Excess MDR threshold value for Tapes A and C Trade Reports
will be calculated:
---------------------------------------------------------------------------

    \9\ See supra note 6.

    Example 2. Assume the same as in Example 1, except that the Tape
A Trade Reports threshold is equal to the amount of MDR received by
the Exchange that can be attributed to cross orders. Assume further
that the Exchange calculates that, in 3Q2014, 60% of all executions
within the CHX Matching System resulted from cross orders. Thus, the
MDR threshold for 3Q2014 Tape A Trade Reports would be $30,000
(i.e., $50,000 x .60 = $30,000). Pursuant to current Section P.1
[sic], up to $10,000, which is 50% of the Excess MDR of $20,000,
could be distributed to eligible Participants.
    If the Exchange, instead, received $60,000 of Tape A Trade
Reports MDR and 60% of the Trade Reports could be attributed to
cross orders, the MDR threshold for Tape A Trade Reports would be
$36,000. Pursuant to current Section P.1 [sic], $12,000, which is
50% of the Excess MDR of $24,000, could be distributed to eligible
Participants.

    The Exchange believes that the proposed MDR threshold amendments to
Tapes A and C securities is consistent with the purpose of the MDR
Rebates Program, which is to increase single-sided trading activity on
the CHX by incentivizing Participants with MDR rebates. Specifically,
the Exchange believes that the proposed thresholds will increase the
probability of higher Excess MDR amounts, which will, in turn, increase
the likelihood of larger rebate payments to eligible Participants.
Moreover, the proposed floating MDR threshold values for Tapes A and C
Trade Reports will provide the Exchange with flexibility in ensuring
that the threshold values follow variations in Trade Reports MDR that
is attributable to cross orders. For quarters where Trade Reports MDR
resulting cross orders is less than previous quarters, this floating
value will result in greater Excess MDR that could be available for
rebates. Thus, since two-sided cross orders are deemed ineligible
trading activity with regard to the MDR Rebates Program, the Exchange
hopes that the proposed threshold amendments will encourage more
single-sided orders to be submitted to the Matching System. Aside from
these proposed MDR threshold amendments, the Exchange does not propose
to modify any other part of the current MDR Rebates Program.
    The Exchange also submits that the proposed threshold amendments
will not materially impact the Exchange's ability to meet its
regulatory and surveillance obligations as a self-regulatory
organization. Specifically, the proposed elimination of the Tapes A and
C Quotes thresholds will result in, at most, the Exchange sharing an
additional $7,500 of total MDR from Tapes A and C Quotes pools and an
additional few thousand dollars from the Tapes A and C Trade Reports
pools. These amounts are immaterial as the sum represents a very small
portion of the quarterly MDR payments received by the Exchange, which
have historically been approximately $300,000 per quarter. Moreover,
the Exchange notes that if the proposed amendments have the intended
effect of increased order flow to, and executions within, the Matching
System, the Exchange will receive additional MDR from the SIPs, which
would offset the proposed threshold amendments.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \10\ in general, and furthers the
objectives of Section 6(b)(4) of the Act \11\ in particular, in that it
provides for the equitable allocation of MDR Rebates among members and
other persons using any facility or system which the Exchange operates
or controls. The purpose of the MDR Rebates Program is to increase
single-sided trading activity on the CHX by incentivizing Participants
with MDR rebates. The Exchange believes that the amended MDR thresholds
will increase the likelihood of larger Excess MDR amounts and payable
rebates to Participants, which will, in turn, promote single-sided
order flow to the

Exchange and order executions within the Matching System. Moreover,
since two-sided cross orders are deemed ineligible trading activity
with regard to the MDR Rebates Program, the Exchange believes that the
proposed floating threshold amendments will result in more MDR that is
available for sharing, which will, in turn, encourage more single-sided
orders to be submitted to the Matching System. Notwithstanding, the
proposed amendments to the Fee Schedule would equitably allocate MDR
Rebates among Participants by continuing to pay MDR Rebates in
proportion to their Eligible Quote and Trade Activity in Tape A, B and
C securities in any given calendar quarter.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed amendment will
only enhance the effectiveness of the current MDR Rebates Program in
promoting display liquidity on, and order flow to, the Exchange.
Consequently, the MDR rebates, as amended, will promote competition
that is necessary and appropriate in furtherance of the purpose of the
Act.

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

    No written comments were either solicited or received.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A)(ii) of the Act \12\ and subparagraph(f)(2) of Rule
19b-4 thereunder \13\ because it establishes or changes a due, fee or
other charge imposed by the Exchange.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \13\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-CHX-2014-11 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-CHX-2014-11. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule changes between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the CHX. 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 No. SR-CHX-2014-11 and should be
submitted on or before September 2, 2014.
    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-18875 Filed 8-8-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 1 (Tuesday, January 2, 2018)]
[Notices]
[Page 112]
[FR Doc No: 2017-28275]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER18-491-000]

Hardin Wind 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
Hardin Wind 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 January 15, 2018.
    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
5 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 electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
[email protected]. or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: December 26, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-28275 Filed 12-29-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 153 (Wednesday, August 10, 2022)]
[Notices]
[Pages 48657-48658]
[FR Doc No: 2022-17152]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1892-030; Project No. 1855-050; Project No. 1904-078]

Great River Hydro, LLC; Notice of Settlement Agreement and
Soliciting Comments

    Take notice that the following settlement agreement has been filed
with the Commission and is available for public inspection.
    a. Type of Application: Settlement Agreement.
    b. Project Nos.: 1892-030, 1855-050, and 1904-078.
    c. Date filed: August 3, 2022.
    d. Applicant: Great River Hydro, LLC (Great River).
    e. Name of Projects: Wilder Hydroelectric Project, Bellows Falls
Hydroelectric Project, and Vernon Hydroelectric Project (collectively,
projects).
    f. Location: The existing projects are located on the Connecticut
River in the counties of Orange, Windham, and Windsor, Vermont and
Sullivan, Cheshire, and Grafton, New Hampshire. The projects do not
affect federal land.
    g. Filed Pursuant to: Rule 602 of the Commission's Rules of
Practice and Procedure, 18 CFR 385.602.
    h. Applicant Contact: John Ragonese, FERC License Manager, Great
River Hydro, LLC, 40 Pleasant Street, Suite 202, Portsmouth, NH 03801;
(603) 498-2851 or [email protected].
    i. FERC Contact: Steve Kartalia,<PHONE_NUMBER> or
[email protected].
    j. Deadline for filing comments: September 2, 2022. Reply comments
due September 17, 2022.
    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 at [email protected], (866) 208-
3676 (toll free), or<PHONE_NUMBER> (TTY). In lieu of electronic
filing, you may submit a paper copy. Submissions sent via the U.S.
Postal Service must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE, Room 1A,
Washington, DC 20426. Submissions sent via any other carrier must be
addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. The first
page of any filing should include docket numbers P-1892-030, P-1855-
050, and P-1904-078.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. Great River filed the Settlement Agreement on behalf of itself,
the U.S. Fish and Wildlife Service, the New Hampshire Fish and Game
Department, and the Vermont Fish and Wildlife Department. The purpose
of the Settlement Agreement is to resolve, among the signatories,
issues related to fish passage associated with the issuance of any new
licenses and fishway prescriptions under Section 18 of the FPA for the
projects. Specifically, the Settlement Agreement includes proposed
upstream and downstream fish passage facilities, fish passage studies,
and fish passage operational measures. Great River requests that the
Commission consider the Settlement Agreement in its environmental
analyses of the proposed relicense applications, and incorporate the
proposed measures into any new licenses issued.
    l. A copy of the settlement agreement 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 (i.e., P-1892, P-1855, and
P-1904). At this time, the Commission has suspended access to the
Commission's Public Reference Room, due to the proclamation declaring a
National Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020. For assistance, contact FERC
Online Support.
    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.

    Dated: August 4, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-17152 Filed 8-9-22; 8:45 am]
BILLING CODE 6717-01-P