[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Proposed Rules]
[Pages 80302-80307]
[FR Doc No: 2015-32273]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 35

[Docket No. RM16-3-000]

Ownership Information in Market-Based Rate Filings

AGENCY: Federal Energy Regulatory Commission, Energy.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) proposes
to amend its regulations to clarify the scope of ownership information
that sellers seeking to obtain or retain market-based rate authority
must provide. The Commission proposes to find that the current policy
that requires sellers to provide comprehensive ownership information is
not necessary for the Commission's assessment of horizontal or vertical
market power. The Commission further proposes to amend its regulations
to clarify the types of ownership changes that must be

reported to the Commission via a notice of change in status.

DATES: Comments are due February 22, 2016.

ADDRESSES: Comments, identified by docket number, may be filed in the
following ways:
     Electronic Filing through http://www.ferc.gov. Documents
created electronically using word processing software should be filed
in native applications or print-to-PDF format and not in a scanned
format.
     Mail/Hand Delivery: Those unable to file electronically
may mail or hand-deliver comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Comment
Procedures Section of this document.

FOR FURTHER INFORMATION CONTACT:
Ashley Dougherty (Technical Information), Office of Energy Market
Regulation, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>Laura Chipkin (Legal Information), Office of General Counsel, Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

                      Paragraph Numbers

I. Background...............................................           2
II. Proposed Reform.........................................           6
    A. Ownership Information Required in Initial                       6
     Applications and Triennial Updated Market Power
     Analyses...............................................
    B. Ownership Information Required in Change in Status             15
     Filings................................................
III. Information Collection Statement.......................          18
IV. Environmental Analysis..................................          22
V. Regulatory Flexibility Act...............................          24
VI. Comment Procedures......................................          25
VII. Document Availability..................................          29

Notice of Proposed Rulemaking (December 17, 2015)

    1. In this Notice of Proposed Rulemaking (NOPR), the Commission
proposes to amend its regulations to clarify the scope of ownership
information that sellers seeking to obtain or retain market-based rate
authority must provide.\1\ The Commission proposes to find that the
current policy that requires sellers to provide comprehensive ownership
information is not necessary for the Commission's assessment of
horizontal or vertical market power. The Commission further proposes to
amend its regulations to clarify the types of ownership changes that
must be reported to the Commission via a notice of change in status.
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    \1\ All references in this NOPR to ``seller'' (or ``sellers'')
refer to both applicants seeking to obtain market-based rate
authority and to sellers seeking to retain market-based rate
authority.
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I. Background

    2. The Commission allows power sales at market-based rates if the
seller and its affiliates do not have, or have adequately mitigated,
horizontal and vertical market power. In Order No. 697, the Commission
stated that ``[t]he first step for a seller seeking market-based rate
authority is to file an application to show that it and its affiliates
do not have, or have adequately mitigated, market power.'' \2\ In Order
No. 697, the Commission adopted two indicative screens for assessing
horizontal market power: The pivotal supplier screen and the wholesale
market share screen, each of which serves as a cross check on the other
to determine whether sellers may have market power and should be
further examined.\3\ With respect to the vertical market power
analysis, in cases where a public utility or any of its affiliates
owns, operates, or controls transmission facilities, the Commission
requires that there be a Commission-approved Open Access Transmission
Tariff (OATT) on file or that the seller or its applicable affiliate
has received waiver of the OATT requirement or qualifies for the
blanket OATT waiver provided by Order No. 807,\4\ before granting a
seller market-based rate authorization.\5\ The Commission also
considers a seller's ability to erect other barriers to entry as part
of the vertical market power analysis.\6\ As such, the Commission
requires a seller to provide a description of its ownership or control
of, or affiliation with an entity that owns or controls, intrastate
natural gas transportation, storage or distribution facilities; and
physical coal supply sources and ownership of or control over who may
access transportation of coal supplies.\7\ In addition, a seller is
required to make an affirmative statement that it and its affiliates
have not erected barriers to entry into the relevant market and will
not erect barriers to entry into the relevant market.\8\
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    \2\ Market-Based Rates for Wholesale Sales of Electric Energy,
Capacity and Ancillary Services by Public Utilities, Order No. 697,
FERC Stats. & Regs. ] 31,252, at P 290, clarified, 121 FERC ] 61,260
(2007) (Clarifying Order), order on reh'g, Order No. 697-A, FERC
Stats. & Regs. ] 31,268, clarified, 124 FERC ] 61,055, order on
reh'g, Order No. 697-B, FERC Stats. & Regs. ] 31,285 (2008), order
on reh'g, Order No. 697-C, FERC Stats. & Regs. ] 31,291 (2009),
order on reh'g, Order No. 697-D, FERC Stats. & Regs. ] 31,305
(2010), aff'd sub nom. Mont. Consumer Counsel v. FERC, 659 F.3d 910
(9th Cir. 2011), cert. denied, 133 S. Ct. 26 (2012).
    \3\ Id., FERC Stats. & Regs. ] 31,252 at PP 62-63.
    \4\ Open Access and Priority Rights on Interconnection
Customer's Interconnection Facilities, Order No. 807, 80 FR 17,654
(Apr. 1, 2015), FERC Stats. & Regs. ] 31,367 (2015).
    \5\ Order No. 697, FERC Stats. & Regs. ] 31,252 at P 408. See
also Kingfisher Wind, LLC, 151 FERC ] 61,276, at PP 26-27 (2015)
(providing guidance on how qualified sellers can claim blanket OATT
waiver under Order No. 807 and demonstrate lack of vertical market
power).
    \6\ Order No. 697, FERC Stats. & Regs. ] 31,252 at PP 440-451.
    \7\ Order No. 697, FERC Stats. & Regs. ] 31,252 at 447; 18 CFR
35.37(e) (2015). The Commission previously had also required sellers
to describe sites for generation capacity, but eliminated this
requirement in Order No. 816. See Refinements to Policies and
Procedures for Market-Based Rates for Wholesale Sales of Electric
Energy, Capacity and Ancillary Services by Public Utilities, Order
No. 816, 80 FR 67,056 (Oct. 30, 2015), 153 FERC ] 61,065, at PP 212,
368 (2015) (Order No. 816).
    \8\ Order No. 697, FERC Stats. & Regs. ] 31,252 at PP 447-448.
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    3. On rehearing, in Order No. 697-A, the Commission set forth a
requirement that a seller seeking to obtain or retain market-based rate
authority must identify all of its upstream owners as well as describe
the business activity of its owners and whether they are involved in
the energy industry. Specifically, footnote 258 of Order No. 697-A
states:

    A seller seeking market-based rate authority must provide
information regarding its affiliates and its corporate structure or
upstream ownership. To the extent that a seller's owners are
themselves owned by others, the seller seeking to obtain or retain
market-based rate authority must identify those upstream owners.
Sellers must trace

upstream ownership until all upstream owners are identified. Sellers
must also identify all affiliates. Finally, an entity seeking
market-based rate authority must describe the business activities of
its owners, stating whether they are in any way involved in the
energy industry.\9\
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    \9\ Order No. 697-A, FERC Stats. & Regs. ] 31,268 at n.258.

    4. However, as discussed below, after seven years of experience in
implementing the requirements of footnote 258, we believe that the
associated burdens on the industry of providing this information may
outweigh the benefits of this information for purposes of assessing
whether a seller should be granted market-based rate authorization.\10\
As part of that assessment, the Commission requires the submission of
an asset appendix containing the generation and transmission assets of
the seller and its affiliates.\11\ Further, in Order No. 816, the
Commission instituted a requirement for the submission of a corporate
organizational chart depicting all affiliates, as defined in section
35.36(a)(9) of the Commission's regulations.\12\
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    \10\ Market-based rate filings include initial market-based rate
applications, notices of change in status and triennial updated
market power analyses.
    \11\ Order No. 697, FERC Stats. & Regs. ] 31,252 at P 895; 18
CFR 35.37(a)(2) (2015).
    \12\ Order No. 816, 153 FERC ] 61,065 at P 333 (to be codified
at 18 CFR 35.37(a)(2) (2015)).
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    5. In conjunction with the new organizational chart requirement in
Order No. 816, we propose in this NOPR to provide a new complementary
framework under which sellers can describe their ownership structure,
as described more fully below. Consistent with this new framework, we
also propose to clarify when a change in ownership would trigger the
requirement in section 35.42 to file a notice of change in status.

II. Proposed Reform

A. Ownership Information Required in Initial Applications and Triennial
Updated Market Power Analyses

    6. Following the issuance of Order No. 697-A in 2008, corporate
families, structures, and ownership in the energy industry have become
increasingly complex. Through the Commission's implementation of the
requirements of footnote 258, it has become clear that the upstream
ownership structure of sellers is often layered with numerous levels
and types of ownership interests (e.g., full and partial, passive and
controlling, etc.). In many instances, sellers initially do not fully
comply with the requirements of footnote 258 in their market-based rate
filings. Many sellers have difficulty obtaining the names of all
owners, particularly those that own a small percentage of the seller or
are a partial owner of a partial indirect owner. As a result, in
response to requests by Commission staff for the information required
by footnote 258, some sellers submit multiple amendments to their
filings, resulting in extra expenditures for the seller and significant
processing delays for information that does not directly affect the
analysis of the seller's market power.
    7. Sellers have frequently alleged that it is very difficult to
identify and describe individual shareholders, particularly those with
less than ten percent voting interests, because they do not know and
cannot obtain this information themselves.\13\ In such circumstances,
strict adherence to the requirements of footnote 258 could require
rejection of filings on procedural grounds irrespective of any market
power concerns.\14\
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    \13\ See, e.g., 2014 ESA Project Company, LLC, Amended Filing at
2, Docket No. ER15-1496-001 (filed June 4, 2015) (``Shareholders are
not required to notify, or obtain consent from, [Applicant's
managing organization] when shareholders transfer their shares or
the associate beneficial interests or voting rights'').
    \14\ See 18 CFR 35.5 (2015) (providing for rejection of rate
filing for failure to comply with the applicable requirements).
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    8. As noted above, a seller seeking market-based rate authority
must show that it and its affiliates do not have, or have adequately
mitigated, horizontal market power. Further, the Commission's review of
a seller's ability to exercise vertical market power, whether through
ownership of transmission facilities or other barriers to entry,
involves examining the seller and its affiliates.\15\ However, because
information about owners that are not considered affiliates under
section 35.36(a)(9) is not necessary to evaluate horizontal and/or
vertical market power (and is not required to be identified in the
asset appendix or the corporate organizational chart), continuing to
require information on unaffiliated owners may create a burden that is
unrelated to the Commission's approach to determining whether a seller
should have market-based-rate authority.\16\
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    \15\ See 18 CFR 35.37 (2015).
    \16\ We note that the Commission recently issued a NOPR seeking
comment on a proposal to require each regional transmission
organization and independent system operator to electronically
deliver to the Commission data from market participants that lists
market participants' ``connected entities,'' including entities that
have certain ownership, employment, debt or contractual
relationships to the market participant, and describes the nature of
such relationships. See Collection of Connected Entity Data from
Regional Transmission Organizations and Independent System
Operators, Docket No. RM15-23-000, 80 FR 58,382 (Sept. 29, 2015),
FERC Stats. & Regs. ] 32,711 (2015) (cross-referenced at 152 FERC ]
61,219 (2015)). We recognize that some of the ownership information
that is proposed herein to be no longer necessary for determining
whether to grant market-based rate authority would be required under
the connected entities NOPR for the purposes described in that
proceeding.
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    9. Accordingly, we propose to amend section 35.37(a)(2) of the
Commission's regulations to provide a new framework under which sellers
would be required to describe their ownership structure that is both
less burdensome for the industry and more useful to the Commission for
purposes of whether a seller should have market-based-rate authority.
Under this new framework, we propose to revise section 35.37(a)(2) of
the Commission's regulations to define an affiliate owner as an owner
that meets the definition of affiliate provided in 18 CFR
35.36(a)(9).\17\ We propose to require that a seller seeking to obtain
or retain market-based rate authority identify and describe two
categories of upstream owners. First, a seller must identify and
describe the furthest upstream affiliate owner(s) in its ownership
chain, which we propose to define as the seller's ``ultimate affiliate
owner(s).'' \18\ Second, a seller must identify and describe all
affiliate owners that have a franchised service area or market-based
rate authority, or that directly own or control: Generation;
transmission; intrastate natural gas transportation, storage or
distribution facilities; physical coal supply sources or ownership of
or control over who may access transportation of coal

supplies.\19\ To the extent that an affiliate owner does not fall into
either of the two categories described above, the seller will not need
to identify it when describing its ownership structure.
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    \17\ As specified in the Commission's current regulations,
``affiliate'' of a specified company means: (i) Any person that
directly or indirectly owns, controls, or holds with power to vote,
10 percent or more of the outstanding voting securities of the
specified company; (ii) Any company 10 percent or more of whose
outstanding voting securities are owned, controlled, or held with
power to vote, directly or indirectly, by the specified company;
(iii) Any person or class of persons that the Commission determines,
after appropriate notice and opportunity for hearing, to stand in
such relation to the specified company that there is liable to be an
absence of arm's-length bargaining in transactions between them as
to make it necessary or appropriate in the public interest or for
the protection of investors or consumers that the person be treated
as an affiliate; and (iv) Any person that is under common control
with the specified company. For purposes of paragraph (a)(9)of the
Commission's regulations, owning, controlling or holding with power
to vote, less than 10 percent of the outstanding voting securities
of a specified company creates a rebuttable presumption of lack of
control. 18 CFR 35.36(a)(9) (2015).
    \18\ A seller may have more than one ultimate affiliate owner.
For example, if a seller is owned 50 percent by affiliate A and 50
percent by affiliate B, there are two ownership ``chains'' or
``branches.'' The seller must identify and describe the ultimate
affiliate owner at the top of each chain/branch, i.e., the last
affiliate owner in that chain/branch.
    \19\ To the extent sellers will be describing such affiliate
owners in the horizontal and vertical market power sections of the
filing, that description will fulfill this requirement.
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    10. Identifying the ultimate affiliate owner is necessary for the
Commission to form a meaningful picture of a seller's ownership
structure and to understand what affiliates ultimately have the power
to influence a seller's operations. The seller should also describe
each ultimate affiliate owner's connection to the seller, and this
description should be sufficient to allow the Commission to understand
the relation between the seller and the ultimate affiliate owner(s),
and could include references to the required corporate organizational
chart. Identifying affiliate owners that have a franchised service area
or market-based rate authority, or that directly own or control:
Generation; transmission; intrastate natural gas transportation,
storage or distribution facilities; physical coal supply sources or
ownership of or control over who may access transportation of coal
supplies assists the Commission in its analysis of a seller's
horizontal and vertical market power.
    11. In addition, where sellers are directly or indirectly owned or
controlled by a foreign government or any political subdivision of a
foreign government or any corporation which is owned in whole or in
part by such entity, we propose to require that the seller identify
such foreign government, political subdivision, or corporation.
    12. We caution sellers to examine all ownership information to
ensure that the required affiliate owners are identified. Sellers
should not assume that owners are not affiliates of the seller without
looking to the top of the ownership chain. For example, suppose seller
(Company A) has four owners (Companies B, C, D, and E) each of which
directly owns eight percent of the voting securities of A. If Company F
owns 100 percent of the voting securities of Companies B, C, D, and E,
under the Commission's affiliate definition, Company F indirectly owns
32 percent of the voting securities of Company A and is an affiliate of
Company A. Under our proposed new framework, sellers must identify
Company F only if Company F is an ultimate affiliate owner or if it is
an affiliate owner that has a franchised service area or market-based
rate authority, or that directly owns or controls: Generation;
transmission; intrastate natural gas transportation, storage or
distribution facilities; physical coal supply sources or ownership of
or control over who may access transportation of coal supplies.\20\
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    \20\ We further caution sellers to be mindful that the
Commission does not allow for a derivative share method to calculate
ownership interests in downstream, partially-owned entities for
purposes of identifying affiliates. See Tonopah Solar Energy, LLC,
151 FERC ] 61,203, at PP 11-12 (2015).
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    13. With respect to owners that a seller represents to be passive,
we propose to require that the seller affirm that its passive owners
own a separate class of securities, have limited consent rights, do not
exercise day-to-day control over the company, and cannot remove the
manager without cause.\21\
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    \21\ See, e.g., AES Creative Resources, L.P., 129 FERC ] 61,239
(2009) (AES Creative) (distinguishing between controlling interests
and passive investment interests). See also EquiPower Resources
Management, LLC, Docket No. ER10-1089-000 (June 16, 2010)
(deficiency letter asking seller to demonstrate that certain
interests were passive by providing answers to clarifying
questions).
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    14. We seek comments on these proposals.

B. Ownership Information Required in Change in Status Filings

    15. The Commission requires market-based rate sellers to timely
report any change in status that would ``reflect a departure from the
characteristics that the Commission relied upon in granting market-
based rate authority.'' Section 35.42 of the Commission's regulations,
18 CFR 35.42, which provides a non-exhaustive list of events that could
trigger the change in status reporting requirement, is silent as to
generic ownership changes, but requires that a seller must report
certain new affiliations with any entity not disclosed in the
application for market-based rate authority that has a franchised
service area, or that directly owns or controls: generation facilities;
transmission facilities; intrastate natural gas transportation, storage
or distribution facilities; physical coal supply sources or ownership
of or control over who may access transportation of coal supplies.
However, a literal reading of footnote 258 requires sellers to report
changes in upstream ownership via notices of change in status
filings.\22\
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    \22\ Footnote 258 provides: ``To the extent that a seller's
owners are themselves owned by others, the seller seeking to obtain
or retain market-based rate authority must identify those upstream
owners.'' See Order No. 687-A, FERC Stats. & Regs. ] 31,628 at n.258
(emphasis added).
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    16. We believe that uncertainty as to the interpretation of
footnote 258 has led to inconsistent reporting of changes in ownership.
In our experience, some sellers report any change in ownership, other
sellers only report changes in ownership when the new owner would be
considered an affiliate pursuant to section 35.36(a)(9), and yet other
sellers only report changes in ownership when the change in ownership
causes a change in one of the triggering events explicitly listed in
section 35.42. Accordingly, we propose to resolve the uncertainty and
create a consistent reporting standard by amending section 35.42 of the
Commission's regulations \23\ to specify the types of ownership changes
that would require a change in status filing.
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    \23\ In Order No. 816, the Commission amended, among other
things, sections 35.37 and 35.42 of its regulations. The further
proposed regulatory text changes in this NOPR are keyed off of the
new regulatory text as promulgated in Order No. 816.
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    17. In light of our proposal to require sellers to identify and
describe in their initial applications and triennial updated market
power analyses their ultimate affiliate owners, and all affiliate
owners that have franchised service areas or market-based rate
authority or that directly own or control: generation; transmission;
intrastate natural gas transportation, storage or distribution
facilities; physical coal supply sources or ownership of or control
over who may access transportation of coal supplies it follows that the
identity of such affiliate owners are characteristics that the
Commission relies upon in granting the seller market-based rate
authority. However, we are also mindful of Order No. 816, in which the
Commission amended section 35.42 to provide a 100 MW threshold for
reporting new affiliations, and thus we propose that these two concepts
be combined, as described below. In addition, we propose in the instant
rulemaking to specify the following scenario as an additional departure
from the characteristics the Commission relied upon in granting market-
based rate authority and which should be reported to the Commission:
when the seller acquires a new ultimate affiliate owner(s).
Accordingly, we propose to require sellers to submit a notice of change
in status in this scenario as well. In summary, combining all three of
the above concepts, we propose that a change in status reporting
requirement will be triggered by: (a) Any change in the seller's
ultimate affiliate owner(s); or (b) the introduction of any new
affiliate owner of the seller that has a franchised service area or
that: directly owns or controls generation (if it represents a 100 MW
or more net increase in seller and affiliate generation); owns,
operates or controls transmission; or that directly

owns or controls: generation; transmission; intrastate natural gas
transportation, storage or distribution facilities; physical coal
supply sources or ownership of or control over who may access
transportation of coal supplies.\24\ We remind sellers that the
provisions in section 35.42(a)(1) apply to the seller and its
affiliates because the Commission considers affiliates' assets when
assessing a seller's horizontal and vertical market power.\25\
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    \24\ We note that some of these requirements exist in the
current regulation or the regulation as revised by Order No. 816.
    \25\ See Order No. 697, FERC Stats. & Regs. ] 31,252 at P 1017
(``the Commission's change in status requirements are intended to
track the requirements embedded in the horizontal and vertical
analysis as well as the affiliate abuse representations.''). See
also id. P 3 n.2 (major aspects of the Commission's market-based
rate regulatory regime include ``whether a market-based rate seller
or any of its affiliates has market power in generation or
transmission and, if so, whether such market power has been
mitigated'' and ``whether the seller or its affiliates can erect
other barriers to entry.'')
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III. Information Collection Statement

    18. The Paperwork Reduction Act (PRA) \26\ requires each federal
agency to seek and obtain Office of Management and Budget (OMB)
approval before undertaking a collection of information directed to ten
or more persons or contained in a rule of general applicability. OMB's
regulations,\27\ in turn, require approval of certain information
collection requirements imposed by agency rules. Upon approval of a
collection(s) of information, OMB will assign an OMB control number and
an expiration date. Respondents subject to the filing requirements of a
rule will not be penalized for failing to respond to these
collection(s) of information unless the collection(s) of information
display a valid OMB control number.
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    \26\ 44 U.S.C. 3501-3520.
    \27\ 5 CFR 1320 (2015).
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    19. The Commission is submitting the proposed modifications to its
information collection to OMB for review and approval in accordance
with section 3507(d) of the Paperwork Reduction Act of 1995.
    20. The following table provides the estimated burden reduction
proposed in RM16-3: \28\
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    \28\ In Order No. 697-A, the Commission required that sellers
seeking to obtain or retain market-based rate authority identify all
upstream owners and affiliates. Order No. 697-A, FERC Stats. & Regs.
] 31,268 at P 181 n.258. The Commission most recently updated the
burden estimates associated with the market-based rate program in
Order No. 816, which will become effective on January 28, 2016. The
PRA package and burden estimates for the Order No. 816 are pending
OMB review.

                                               FERC-919, Estimated Changes, Due to Proposed Rule in RM16-3
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                                                             Annual  number
           Type of requirement                Number of      of  responses   Total number of   Average burden hours & cost   Annual burden hours & total
                                             respondents    per  respondent     responses          per  response \29\                annual cost
                                                      (1)              (2)   (1) * (2) = (3)  (4).........................  (3) * (4) = (5)
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Reduction of requirement for sellers to               509                1              509   -40 hrs.; -$3,858             -20,360 hrs.; -$1,963,722
 describe entire ownership structure in
 Initial Applications and Triennial
 Updated Market Power Analyses, & Change
 of Status --[Decrease in burden and
 cost].
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    Title: FERC-919, Market Based Rates for Wholesale Sales of Electric
Energy, Capacity and Ancillary Services by Public Utilities.
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    \29\ The Commission estimates this figure based on the Bureau of
Labor Statistics data (for the Utilities sector, at http://www.bls.gov/oes/current/naics2_22.htm, plus benefits information at
http://www.bls.gov/news.release/ecec.nr0.htm). The average hourly
cost (salary plus benefits) of $96.45 is based on the following
occupational categories:
     Lawyer (Code 23-0000), $129.87/hour.
     Management Analyst (Code 13-1111), $63.03/hour.
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    Action: Proposed revision to existing collection.
    OMB Control No: 1902-0234.
    Respondents: Business or other for profit, and not for profit
institutions.
    Frequency of Responses: As needed.
    Necessity of the Information: This NOPR reduces the amount and
scope of ownership information that sellers must provide in their
market-based rate filings. Interested persons may obtain information on
the reporting requirements by contacting the Federal Energy Regulatory
Commission, Office of the Executive Director, 888 First Street NE.,
Washington, DC 20426 [Attention: Ellen Brown, email:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>, fax:<PHONE_NUMBER>].
    21. Comments concerning the information collection proposed in this
NOPR and the associated burden estimates, should be sent to the
Commission in this docket and may also be sent to the Office of
Management and Budget, Office of Information and Regulatory Affairs
[Attention: Desk Officer for the Federal Energy Regulatory Commission].
For security reasons, comments should be sent by email to OMB at the
following email address<EMAIL_ADDRESS>Please refer to
OMB Control Number 1902-0234 in your submission to OMB.

IV. Environmental Analysis

    22. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\30\
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    \30\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987).
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    23. The Commission has categorically excluded certain actions from
this requirement as not having a significant effect on the human
environment. Included in the exclusion are rules that are clarifying,
corrective, or procedural, or that do not substantially change the
effect of the regulations being amended.\31\ The actions here fall
within this categorical exclusion in the Commission's regulations.
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    \31\ 18 CFR 380.4(a)(2)(ii) (2015).
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V. Regulatory Flexibility Act

    24. The Regulatory Flexibility Act of 1980 (RFA) \32\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
The Small Business Administration (SBA) revised its size standard
(effective January 22, 2014) for electric utilities from a standard
based on megawatt hours to a standard based on the number of

employees including affiliates.\33\ This NOPR, if adopted, reduces (for
small and large entities) the burden and expense associated with filing
market-based rate applications and triennial market power updates by
clarifying the current regulations and by requiring identification of
only the ultimate affiliate owner(s) and affiliate owners that directly
own or control generation, transmission, or inputs to electric power
production, have a franchised service area, or have market-based rate
authority, rather than the comprehensive ownership information
currently required. In addition, the Commission clarifies and limits
the types of ownership changes that must be reported to the Commission
via a notice of change in status. Accordingly, the Commission certifies
that this NOPR, if adopted, will not have a significant economic impact
on a substantial number of small entities. An analysis under the RFA is
not required.
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    \32\ 5 U.S.C. 601-612 (2012).
    \33\ SBA Final Rule on ``Small Business Size Standards:
Utilities,'' 78 FR 77,343 (Dec. 23, 2013).
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VI. Comment Procedures

    25. The Commission invites interested persons to submit comments on
the matters and issues proposed in this notice to be adopted, including
any related matters or alternative proposals that commenters may wish
to discuss. Comments are due February 22, 2016. Comments must refer to
Docket No. RM16-3-000, and must include the commenter's name, the
organization they represent, if applicable, and their address in their
comments.
    26. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's Web site at http://www.ferc.gov. The Commission accepts most standard word processing
formats. Documents created electronically using word processing
software should be filed in native applications or print-to-PDF format
and not in a scanned format. Commenters filing electronically do not
need to make a paper filing.
    27. Commenters that are not able to file comments electronically
must send an original of their comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    28. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.

VII. Document Availability

    29. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through the Commission's Home Page (http://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A,
Washington, DC 20426.
    30. From the Commission's Home Page on the Internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
    31. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from the Commission's Online
Support at<PHONE_NUMBER> (toll free at 1-866-208-3676) or email at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
<EMAIL_ADDRESS>
List of Subjects in 18 CFR Part 35

    Electric power rates; Electric utilities; Reporting and record-
keeping requirements.

    By direction of the Commission.

    Issued: December 17, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

    In consideration of the foregoing, the Commission proposes to amend
Chapter I, Title 18, Code of Federal Regulations, to read as follows:

PART 35--FILING OF RATE SCHEDULES AND TARIFFS

0
1. The authority citation for Part 35 continues to read as follows:

    Authority:  16 U.S.C. 791a-825r; 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.

0
2. Amend Sec.  35.37 by revising paragraph (a)(2) to read as follows:

Sec.  35.37  Market power analysis required.

    (a)(1) * * *
    (2) When submitting a market power analysis, whether as part of an
initial application or an update, a Seller must include a description
of its ownership structure that identifies all ultimate affiliate
owner(s), i.e., the furthest upstream affiliate(s) in the ownership
chain. A Seller must also identify all affiliate owners that have a
franchised service area or market-based rate authority, and all
affiliate owners that directly own or control: Generation;
transmission; intrastate natural gas transportation, storage or
distribution facilities; physical coal supply sources or ownership of
or control over who may access transportation of coal supplies. The
term ``affiliate owner'' means any owner of the Seller that is an
affiliate of the Seller as defined in Sec.  35.36(a)(9) of this
chapter. The Seller must also provide an appendix of assets in the form
provided in Appendix B of this subpart and an organizational chart. The
organizational chart must depict the Seller's current corporate
structure indicating all affiliates.
* * * * *
0
3. Amend Sec.  35.42 by revising paragraph (a)(2)(iv) and adding
paragraph (a)(2)(v) to read as follows:

Sec.  35.42  Change in status reporting requirement.

    (a) * * *
    (2) * * *
    (iv) Has a franchised service area; or
    (v) Is an ultimate affiliate owner, defined as the furthest
upstream affiliate(s) in the ownership chain.
* * * * *

[FR Doc. 2015-32273 Filed 12-23-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 10 (Tuesday, January 17, 2012)]
[Notices]
[Pages 2306-2307]
[FR Doc No: 2012-633]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2011-0015; OMB No. 1660-0002]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request, Disaster Assistance Registration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission will describe the
nature of the information collection, the categories of respondents,
the estimated burden (i.e., the time, effort and resources used by
respondents to respond) and cost, and the actual data collection
instruments FEMA will use.

DATES: Comments must be submitted on or before February 16, 2012.

ADDRESSES: Submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the Desk
Officer for the Department of Homeland Security, Federal Emergency
Management Agency, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Records Management Division, 1800 South Bell Street, Arlington, VA
20598-3005, facsimile number<PHONE_NUMBER>, or email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Collection of Information

    Title: Disaster Assistance Registration.
    Type of information collection: Revision of a currently approved
information collection.
    OMB Number: 1660-0002.
    Form Titles and Numbers: FEMA Form 009-0-1T (English) Tele-
Registration, Disaster Assistance Registration; FEMA Form 009-0-1Int
(English) Internet, Disaster Assistance Registration; FEMA Form 009-0-
2Int

(Spanish) Internet, Registro Para Asistencia De Desastre; FEMA Form
009-0-1 (English) Paper Application/Disaster Assistance Registration;
FEMA Form 009-0-2 (Spanish), Solicitud en Papel/Registro Para
Asistencia De Desastre; FEMA Form 009-0-1S (English) Smartphone,
Disaster Assistance Registration; FEMA Form 009-0-2S (Spanish)
Smartphone, Registro Para Asistencia De Desastre; FEMA Form 009-0-3
(English), Declaration and Release; FEMA Form 009-0-4 (Spanish),
Declaraci[oacute]n Y Autorizaci[oacute]n; FEMA Form 009-0-5 (English)
Receipt for Government Property; FEMA Form 009-0-6 (Spanish) Recibo de
la Propiedad del Gobierno.
    Abstract: The Disaster Assistance Registration form is used to
collect pertinent information to provide financial assistance, and if
necessary, direct assistance to eligible individuals and households
who, as a direct result of a disaster or emergency, have uninsured or
under-insured, necessary or serious expenses that they are unable to
meet through other means.
    Affected Public: Individuals or Households.
    Estimated Number of Respondents: 2,835,180.
    Frequency of Response: On occasion.
    Estimated Average Hour Burden per Respondent: Tele-Registration
Application for Disaster Assistance (English), FEMA Form 009-0-1T, 18
minutes; Internet Application for Disaster Assistance (English and
Spanish), FEMA Forms 009-0-1Int and 009-0-2Int, 18 minutes; Paper
Application for Disaster Assistance (English and Spanish), FEMA Forms
009-0-1 and 009-0-2, 18 minutes; Smartphone Application for Disaster
Assistance, FEMA Forms (English and Spanish) 009-0-1S and 009-0-2S, 18
minutes; Declaration and Release (English and Spanish), FEMA Forms 009-
0-3 and 009-0-4, 2 minutes; Receipt of Government Property (English and
Spanish), FEMA Form 009-0-5 and 009-0-6, 10 minutes.
    Estimated Total Annual Burden Hours: 555,009 hours.
    Estimated Cost: The estimated annual cost to respondents for the
hour burden is $17,016,572.24. There are no annual costs to respondents
operations and maintenance costs for technical services. There is no
annual start-up or capital costs. The cost to the Federal Government is
$15,618,762.

John G. Jenkins, Jr.,
Acting Director, Records Management Division, Mission Support Bureau,
Federal Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2012-633 Filed 1-13-12; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 78, Number 141 (Tuesday, July 23, 2013)]
[Proposed Rules]
[Pages 44039-44041]
[FR Doc No: 2013-17619]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0642; Directorate Identifier 2011-SW-035-AD]
RIN 2120-AA64

Airworthiness Directives; Eurocopter Deutschland GmbH Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Eurocopter Deutschland GmbH (Eurocopter) Model MBB-BK 117 C-2
helicopters with a jettisonable sliding door (door) installed. This
proposed AD would require inspecting the lock release assembly and the
middle and upper lever locking bolts of each door, replacing any
damaged parts with airworthy parts, and ensuring the door

is correctly installed. This proposed AD is prompted by the uncommanded
detaching of a door from an MBB-BK 117 C-2 fuselage. The proposed
actions are intended to prevent the in-flight loss of the door, which
could damage the helicopter and injure persons on the ground.

DATES: We must receive comments on this proposed AD by September 23,
2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the foreign
authority's AD, the economic evaluation, any comments received, and
other information. The street address for the Docket Operations Office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.
    For service information identified in this proposed AD, contact
American Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, TX
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>;
or at http://www.eurocopter.com/techpub. You may review the referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas
76137.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior Aviation Safety
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 2601
Meacham Blvd., Fort Worth, Texas 76137; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
No. 2011-0107, dated June 7, 2011, to correct an unsafe condition for
Eurocopter Model MBB-BK 117 C-2 helicopters with jettisonable sliding
doors installed. EASA states that in early 2010 it received a report
that the door guides of the jettison mechanism on an MBB-BK 117 C-2
helicopter released uncommanded while opening the door, resulting in
the door detaching from the fuselage. Although EASA initially did not
consider this to be an unsafe condition, EASA has since determined that
``this condition, if not detected and corrected, could result in cases
of in-flight loss of the jettisonable door, possibly resulting in
damage to, or loss of control of, the helicopter, or injury to persons
on the ground.'' As a result, EASA requires repetitive inspections for
the correct installation of the doors, door guides, and release cables.

FAA's Determination

    These helicopters have been approved by the aviation authority of
Germany and are approved for operation in the United States. Pursuant
to our bilateral agreement with Germany, EASA, its technical
representative, has notified us of the unsafe condition described in
its AD. We are proposing this AD because we evaluated all known
relevant information and determined that an unsafe condition is likely
to exist or develop on other products of the same type design.

Related Service Information

    We reviewed Eurocopter Alert Service Bulletin MBB-BK117 C-2-52A-
015, Revision 0, dated April 26, 2011 (ASB), for Model MBB-BK 117 C-2
helicopters with jettisonable sliding doors installed. The ASB calls
for inspecting the lock release assembly for damage and correct
installation and inspecting the middle lever and upper lever locking
bolts for correct installation. The ASBs require the inspections to be
conducted within 50 hours time-in-service (TIS) or two months,
whichever occurs first, and thereafter after every door guide
installation.

Proposed AD Requirements

    This proposed AD would require within 50 hours TIS:
     Visually inspecting each door lock release assembly for
any frayed cables, stripped threads on a screw joint, and any pitting
on a door guide, release cable or associated hardware, as well as
inspecting for correct installation.
     Replacing with airworthy parts any frayed cables, screw
joints with stripped threads, or door guides, release cables and
associated hardware that have pitting.
     Allowing for a minimum of one millimeter clearance at each
end of the release cables.
     Installing the aft cover and aft inner handle.
     Inspecting each middle lever and upper lever locking bolt
for correct installation.
     If the door cannot be correctly rigged, inspecting all
hardware, guides, and door attachment points for misalignment or bent
fittings. Replacing misaligned or bent parts with airworthy parts
before operating the door in-flight and re-inspecting.

Differences Between This Proposed AD and the EASA AD

    This proposed AD would require that the inspections be conducted
within 50 hours TIS. The EASA AD requires that the inspections be
conducted within 50 hours TIS or 60 days, whichever occurs first after
the effective date of the EASA AD.
    The EASA AD requires that you contact Eurocopter to determine
corrective action, and this proposed AD would not.
    The EASA AD requires a repetitive inspection, each time when the
installation of the door guides for the jettisonable sliding doors is
accomplished. This AD would not

require this repetitive inspection because that is considered normal
maintenance.

Costs of Compliance

    We estimate that this proposed AD would affect 108 helicopters of
U.S. Registry and that labor costs average $85 a work-hour.
     Visually inspecting the door's lock release assembly and
the middle and upper levers would require 4 work-hours for a labor cost
of $340 per helicopter. No parts would be needed, so that the total
cost for the U.S. fleet would be $36,720.
     Visually inspecting all hardware, guides and door
attachment points for misaligned or bent fittings would require 4 work-
hours for a labor cost of $340 per helicopter. Parts may be needed but
on an individual basis, so that the total cost for the U.S. fleet would
be at least $36,720.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Eurocopter Deutschland GmbH Helicopters (Eurocopter): Docket No.
FAA-2013-0642; Directorate Identifier 2011-SW-035-AD.

(a) Applicability

    This AD applies to Model MBB-BK 117 C-2 helicopters with a
jettisonable main cabin sliding door (door) installed, certificated
in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as the door detaching
uncommanded from the fuselage. This condition could result in the
in-flight loss of the door, which could damage the helicopter or
cause injury or damage on the ground.

(c) Comments Due Date

    We must receive comments by September 23, 2013.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    Within 50 hours time-in-service:
    (1) Visually inspect each door lock release assembly for a
frayed cable, a stripped thread on a screw joint, pitting on a door
guide, release cable, or associated hardware, and for correct
installation by following the Accomplishment Instructions, paragraph
3.B.1. (a) through (c), except (c)(1) and (c)(2), of Eurocopter
Alert Service Bulletin MBB-BK117 C-2-52A-015, Revision 0, dated
April 26, 2011 (ASB).
    (i) Replace with an airworthy part any frayed cables, screw
joints with stripped threads, or any door guides, release cables,
and associated hardware with pitting. Allow for a minimum of one
millimeter clearance at each end of the release cables.
    (ii) Install the aft cover and aft inner handle.
    (2) Inspect each middle lever and upper lever locking bolt for
correct installation by following the Accomplishment Instructions,
paragraphs 3.B.2 and 3.B.3, of the ASB, except that we do not
require you to contact Eurocopter.
    (3) If the door cannot be correctly rigged after performing the
actions required by paragraph (e)(2), inspect all hardware, guides,
and door attachment points for misalignment or bent fittings.
Replace misaligned or bent parts with airworthy parts before you
operate the door in-flight and re-inspect according to the
requirements in paragraph (e)(2).

 (f) Special Flight Permit

    A one-time flight to a maintenance facility is permitted
provided that the door is not opened in flight.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Matt Fuller, Senior Aviation
Safety Engineer, Safety Management Group, Rotorcraft Directorate,
FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817)
222-5110; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(h) Additional Information

    The subject of this AD is addressed in European Aviation Safety
Agency AD No. 2011-0107, dated June 7, 2011. The subject of this AD
is addressed in European Aviation Safety Agency (EASA) AD No. 2013-
0081, dated March 26, 2013. You may view the EASA AD in the AD
docket on the Internet at http://www.regulations.gov.

 (i) Subject

    Joint Aircraft Service Component (JASC) Code: 5200, Doors.

    Issued in Fort Worth, Texas, on July 15, 2013.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2013-17619 Filed 7-22-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 160 (Friday, August 19, 2022)]
[Rules and Regulations]
[Pages 50928-50929]
[FR Doc No: 2022-17760]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0693; Airspace Docket No. 22-ASW-12]
RIN 2120-AA66

Amendment of the Class D and Class E Airspace; Victoria, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class D and Class E airspace at
Victoria, TX. The FAA is taking this action due to a biennial airspace
review. The geographic coordinates of the airport are also being
updated to coincide with the FAA's aeronautical database.

DATES: Effective 0901 UTC, November 3, 2022. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends the Class D airspace, the Class E surface airspace, and
the Class E airspace extending upward from 700 feet above the surface
at Victoria Regional Airport, Victoria, TX, to support instrument
flight rule operations at this airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (87 FR 33080; June 1, 2022) for Docket No. FAA-2022-0693 to
amend the Class D and Class E airspace at Victoria, TX. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received.
    Class D and E airspace designations are published in paragraphs
5000, 6002, and 6005, respectively, of FAA Order JO 7400.11F, dated
August 10, 2021, and effective September 15, 2021, which is
incorporated by reference in 14 CFR 71.1. The Class D and E airspace
designations listed in this document will be published subsequently in
FAA Order JO 7400.11F.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to 14 CFR 71:
    Amends the Class D airspace to within a 4.6-mile (decreased from a
4.7-mile) radius of Victoria Regional Airport, Victoria, TX; updates
the geographic coordinates of the airport to coincide with the FAA's
aeronautical database; and replaces the outdated terms of ``Notice to
Airmen'' with ``Notice to Air Missions'' and ``Airport/Facility
Directory'' with ``Chart Supplement'';
    Amends the Class E surface area to within a 4.6-mile radius
(decreased from a 4.7-mile) radius of Victoria Regional Airport; adds
missing part-time language to the airspace legal description; and
updates the geographic coordinates of the airport to coincide with the
FAA's aeronautical database;
    And amends the Class E airspace extending upward from 700 feet
above the surface at Victoria Regional Airport by amending the
northwest extension to 2.4 (increased from 1.9) miles each side of the
307[deg] (previously 312[deg]) bearing from the Victoria VOR/DME
(previously the airport) extending from the 7.1-mile radius to 11.3
(decreased from 12.8) miles northwest of the airport; and updates the
geographic coordinates of the airport to coincide with the FAA's
aeronautical database.
    This action is the result of an airspace review conducted as part a
biennial airspace review.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

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

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

71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASW TX D Victoria, TX [Amended]

Victoria Regional Airport, TX
    (Lat. 28[deg]51'15'' N, long. 96[deg]55'07'' W)

    That airspace extending upward from the surface to and including
2,600 feet MSL within a 4.6-mile radius of Victoria Regional
Airport. This Class D airspace area is effective during the specific
dates and times established in advance by a Notice to Air Missions.
The effective dates and times will thereafter be continuously
published in the Chart Supplement.

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

* * * * *

ASW TX E2 Victoria, TX [Amended]

Victoria Regional Airport, TX
    (Lat. 28[deg]51'15'' N, long. 96[deg]55'07'' W)

    Within a 4.6-mile radius of Victoria Regional Airport. This
Class E airspace area is effective during the specific dates and
times established in advance by a Notice to Air Missions. The
effective dates and times will thereafter be continuously published
in the Chart Supplement.

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

* * * * *

ASW TX E5 Victoria, TX [Amended]

Victoria Regional Airport, TX
    (Lat. 28[deg]51'15'' N, long. 96[deg]55'07'' W)
Victoria VOR/DME
    (Lat. 28[deg]54'01'' N, long. 96[deg]58'44'' W)

    That airspace extending upward from 700 feet above the surface
within a 7.1-mile radius of Victoria Regional Airport; and within
2.4 each side of the 307[deg] bearing from the Victoria VOR/DME
extending from the 7.1-mile radius of the airport to 11.3-miles
northwest of the airport.

    Issued in Fort Worth, Texas, on August 15, 2022.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2022-17760 Filed 8-18-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 186 (Wednesday, September 25, 2019)]
[Notices]
[Pages 50541-50543]
[FR Doc No: 2019-20702]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87022; File No. SR-DTC-2019-005]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing of Partial Amendment No. 1 and Order Granting
Accelerated Approval of a Proposed Rule Change, as Modified by Partial
Amendment No. 1, To Amend the Settlement Guide To Implement a New
Algorithm for Transactions Processed in the Night Cycle

September 19, 2019.

I. Introduction

    On July 22, 2019, the Depository Trust Company (``DTC'') filed with
the Securities and Exchange Commission (``Commission'') proposed rule
change SR-DTC-2019-005, pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') and Rule 19b-4 thereunder.\1\ The
proposed rule change was published for comment in the Federal Register
on August 8, 2019.\2\ On September 16, 2019, DTC filed Partial
Amendment No. 1 to the proposed rule change to postpone the
implementation date of the proposed rule change.\3\ The Commission did
not receive any comment letters on the proposed rule change. The
Commission is publishing this notice to solicit comment on Partial
Amendment No. 1 from interested persons and to approve the proposed
rule change, as modified by Partial Amendment No. 1 (hereinafter,
``Proposed Rule Change''), on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1) and 17 CFR 240.19b-4.
    \2\ Securities Exchange Act Release No. 86554 (August 2, 2019),
84 FR 39025 (August 8, 2019) (SR-DTC-2019-005) (``Notice'').
    \3\ DTC submitted a courtesy copy of Partial Amendment No. 1 to
the proposed rule change through the Commission's electronic public
comment letter mechanism. Accordingly, Partial Amendment No. 1 to
the proposed rule change has been publicly available on the
Commission's website since September 16, 2019: https://www.sec.gov/comments/sr-dtc-2019-005/srdtc2019005-6132114-192254.pdf
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II. Description of the Proposed Rule Change \4\
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    \4\ Capitalized terms not defined herein are defined in the
Rules, By-Laws and Organization Certificate of DTC (``Rules''),
available at www.dtcc.com/~/media/Files/Downloads/legal/rules/
dtc_rules.pdf, and the DTC Settlement Service Guide (``Settlement
Guide''), available at http://www.dtcc.com/~/media/Files/Downloads/
legal/service-guides/Settlement.pdf.
---------------------------------------------------------------------------

    DTC proposes to amend the Settlement Guide to implement a new
processing algorithm for book-entry Deliveries \5\ and Payment Orders
\6\ processed in the DTC night cycle (``Night Cycle'').\7\
Specifically, DTC proposes to make enhancements to its processing of
transactions in the Night Cycle.
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    \5\ Pursuant to Rule 1, the term ``Delivery'' as used with
respect to a Security held in the form of a Security Entitlement on
the books of DTC, means debiting the Security from an Account of the
Deliverer and crediting the Security to an Account of the Receiver.
See Rules, supra note 4.
    \6\ Pursuant to the Settlement Guide, ``Payment Order'' means a
transaction in which a Participant charges another Participant for
changes in value for outstanding stock loans or option contract
premiums. See Settlement Guide, supra note 4, at 5.
    \7\ The Night Cycle starts at approximately 8:30 p.m. ET on the
Business Day prior to settlement date and runs until approximately
10:00 p.m. ET each Business Day. Transactions that cannot satisfy
DTC's controls at the time they are introduced to DTC will recycle
throughout the day and be continuously reattempted until
approximately 3:10 p.m. for valued transactions, and 6:35 p.m. for
free transactions. See Notice, supra note 2, at 39026.
---------------------------------------------------------------------------

    Currently, other than a limited look-ahead process as described
below, DTC does not employ a processing mechanism that is designed to
proactively optimize the percentage of available transactions that are
processed for settlement on settlement date. DTC proposes to implement
a process that would facilitate a higher percentage of available
transactions being processed for settlement during the Night Cycle.\8\
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    \8\ DTC stated that 50 percent of transactions available for
processing at the start of the Night Cycle are processed for
settlement during the Night Cycle. DTC anticipates that the proposal
would increase the percentage of transactions processed for
settlement during the Night Cycle to approximately 65 percent. See
Notice, supra note 2, at 39026.
---------------------------------------------------------------------------

    Specifically, pursuant to the Proposed Rule Change, DTC would
introduce an algorithm that would test multiple scenarios that would
incorporate all transactions available for processing at the start of
the Night Cycle as a single batch (``Night Batch Process''), to
determine the order of processing of those transactions that allows for
the optimal percentage of the transactions to satisfy risk and position
controls (i.e., the Collateral Monitor and Net Debit Cap controls),\9\
and therefore be processed for settlement in the Night Cycle.
Consistent with DTC's existing processing environment, the scenarios
used would only involve processing of the transactions on a bilateral
basis (i.e., no netting of Deliveries).\10\ Once the optimal order of
processing has been identified, the results reflecting this optimal
processing order would be incorporated into DTC's core processing
environment on a transaction-by-transaction basis, and member output
would be produced using existing DTC output facilities. Delivery
instructions provided to DTC after the Night Batch Process has begun
would be submitted for daytime processing. According to DTC, the
Proposed Rule Change would facilitate more efficient processing of
Deliveries and Payment Orders in the Night Cycle and increase the
percentage of transactions that have been processed for settlement
prior to the start of regular daytime processing.\11\
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    \9\ In managing its credit risk, DTC uses the Collateral Monitor
and Net Debit Cap. These two controls work together to protect the
DTC settlement system in the event of Participant default. The
Collateral Monitor requires net debit settlement obligations, as
they accrue intraday, to be fully collateralized; the Net Debit Cap
limits the amount of any Participant's net debit settlement
obligation to an amount that can be satisfied with DTC liquidity
resources (the Participants Fund and the committed line of credit
from a consortium of lenders). See Settlement Guide, supra note 4,
at 64-67.
    \10\ The Proposed Rule Change relates only to the processing
order of Deliveries and does not impact DTC's funds settlement
process, by which associated funds debits and credits in the
Participant's settlement account are netted intraday to calculate,
at any time, a net debit balance or net credit balance, resulting in
an end-of-day settlement obligation or right to receive payment.
    \11\ See Notice, supra note 2, at 39026.

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Elimination of Obsolete Functions

    Currently, Participants can use a profile in the Inventory
Management System (``IMS'') that allows them to define the order in
which their transactions get submitted for processing during the Night
Cycle.\12\ The submission ordering allows Participants to control the
order in which different transaction types are submitted into DTC's
core processing system. The recycle ordering allows Participants to
control how DTC attempts to process recycling, or pending,
transactions. Similar to the submission ordering, Participants can also
prioritize transactions by transaction types under recycle ordering.
Additionally, Participants can instruct DTC to (i) attempt transactions
in the defined order but complete any transaction that can be
completed, (ii) only complete transactions in the defined order, or
(iii) not complete any transactions until instructed to do so. Because
the proposed Night Batch Process would attempt to maximize settlement
regardless of transaction type, the IMS profile would become obsolete
with respect to transactions processed in the Night Cycle and would not
be utilized for processing of transactions in the Night Batch Process.
---------------------------------------------------------------------------

    \12\ See Securities Exchange Act Release No. 52450 (September
15, 2005), 70 FR 55641 (September 22, 2005) (File No. SR-DTC-2005-
07) and Securities Exchange Act Release No. 50944 (December 29,
2004), 70 FR 1927 (January 11, 2005) (File No. SR-DTC-2004-10).
---------------------------------------------------------------------------

    DTC's look-ahead process (``Look-Ahead Process'') runs throughout
the processing day at fifteen-minute intervals and selects pairs of
transactions that when processed simultaneously will not violate the
involved Participants' Net Debit Cap, Collateral Monitor, and other
risk management system controls.\13\
---------------------------------------------------------------------------

    \13\ See Settlement Guide, supra note 4, at 43.
---------------------------------------------------------------------------

    The Look-Ahead Process reduces transaction blockage for Securities
by identifying a receive transaction pending due to a Net Debit Cap
insufficiency, and determines whether the processing of an offsetting
delivery transaction pending because of a quantity deficiency in the
same Security would permit both transactions to be completed in
compliance with DTC's risk management system controls.\14\ DTC's
processing system calculates the net effect to the Collateral Monitor
and Net Debit Cap controls for all three Participants involved, and if
the net effect will not result in a deficit in the Collateral Monitor
or Net Debit Cap for any of the three Participants, the system
processes the transactions simultaneously.\15\ Because the Night Batch
Process would provide an algorithm to maximize settlement for all
transactions processed in the Night Cycle, the Look-Ahead Process would
become obsolete for Night Cycle processing and would not be utilized
for processing of transactions in the Night Batch Process.
---------------------------------------------------------------------------

    \14\ Id.
    \15\ Id.
---------------------------------------------------------------------------

Description of Partial Amendment No. 1

    In Partial Amendment No. 1, DTC proposes to amend the
implementation timeframe of the proposal.\16\ In its original filing
with the Commission, DTC previously stated that the proposed rule
change would be effective by September 26, 2019. Pursuant to Partial
Amendment No. 1, the Proposed Rule Change would be effective by
December 6, 2019.
---------------------------------------------------------------------------

    \16\ Partial Amendment No. 1, supra note 3.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act \17\ directs the Commission to
approve a proposed rule change of a self-regulatory organization if it
finds that such proposed rule change is consistent with the
requirements of the Act and rules and regulations thereunder applicable
to such organization. After carefully considering the Proposed Rule
Change, the Commission finds that the Proposed Rule Change is
consistent with the requirements of the Act and the rules and
regulations thereunder applicable to DTC. In particular, the Commission
finds that the Proposed Rule Change is consistent with Section
17A(b)(3)(F) of the Act.\18\
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(2)(C).
    \18\ 15 U.S.C. 78q-1(b)(3)(F)
---------------------------------------------------------------------------

    Section 17A(b)(3)(F) of the Act requires, in part, that the rules
of a clearing agency be designed ``to assure the safeguarding of
securities and funds which are in the custody or control of the
clearing agency or for which it is responsible.'' \19\ The Proposed
Rule Change would implement a new processing algorithm for book-entry
Deliveries and Payment Orders processed in the Night Cycle.
Specifically, DTC would test the entire batch of transactions available
for processing at the start of the Night Batch Process to determine the
optimal order to process transactions in the Night Cycle, such that
they may satisfy risk and position controls, which would help maximize
the number of transactions processed for settlement during the Night
Cycle.
---------------------------------------------------------------------------

    \19\ Id.
---------------------------------------------------------------------------

    Helping to identify the optimal order to process transactions for
settlement would help maximize the number of transactions processed for
settlement during the Night Cycle. Therefore, the Commission believes
that the Proposed Rule Change would promote the prompt and accurate
clearance and settlement of securities transactions, consistent with
Section 17A(b)(3)(F) of the Act.

IV. Solicitation of Comments on Partial Amendment No. 1 to the Proposed
Rule Change

    Interested persons are invited to submit written data, views and
arguments concerning whether Partial 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-DTC-2019-005 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-DTC-2019-005. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the Proposed Rule Change that are filed with
the Commission, and all written communications relating to the Proposed
Rule Change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of DTC and on DTCC's website
(http://dtcc.com/legal/sec-rule-filings.aspx). All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal

identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-DTC-2019-005 and should be
submitted on or before October 16, 2019.

V. Accelerated Approval of the Proposed Rule Change, as Modified as
Partial Amendment No. 1

    The Commission finds good cause, pursuant to Section 19(b)(2) of
the Act,\20\ to approve the proposed rule change prior to the 30th day
after the date of publication of Partial Amendment No. 1 in the Federal
Register. As noted above, Partial Amendment No. 1 delays the
implementation timeframe of the proposal from September 26, 2019 to
December 6, 2019.\21\ The Commission believes that the Partial
Amendment is consistent with the Act because it does not raise any
regulatory issues and would provide more time before the proposal would
go into effect.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(2).
    \21\ Partial Amendment No. 1, supra note 3.
---------------------------------------------------------------------------

    For the reasons discussed above, the Commission finds that Partial
Amendment No. 1 is reasonably designed to protect investors and the
public interest, and consistent with the requirements of the Act.
Accordingly, the Commission finds good cause, pursuant to Section
19(b)(2) of the Act,\22\ to approve the proposed rule change, as
modified by Partial Amendment No. 1, on an accelerated basis.
---------------------------------------------------------------------------

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

VI. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change, as modified by Partial Amendment No. 1, is
consistent with the requirements of the Act and, in particular, with
the requirements of Section 17A of the Act \23\ and the rules and
regulations promulgated thereunder.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\24\ that proposed rule change SR-DTC-2019-005, as modified by
Amendment No. 1, be, and hereby is, approved on an accelerated
basis.\25\
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    \24\ 15 U.S.C. 78s(b)(2).
    \25\ In approving the proposed rule change, the Commission
considered the proposals' impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
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    \26\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-20702 Filed 9-24-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 205 (Monday, October 24, 2011)]
[Notices]
[Page 65740]
[FR Doc No: 2011-27467]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4030-DR; Docket ID FEMA-2011-0001]

Pennsylvania; Amendment No. 3 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Pennsylvania (FEMA-4030-DR), dated September
12, 2011, and related determinations.

DATES: Effective Date: October 14, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Commonwealth of Pennsylvania is hereby amended to include the
following areas among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of September 12, 2011.

Bedford, Huntingdon, Tioga, and Wayne Counties for Public
Assistance.
Bucks, Montgomery, Northumberland, Perry, Union, and York Counties
for Public Assistance (already designated for Individual
Assistance).

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

    October 18, 2011.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-27467 Filed 10-21-11; 8:45 am]
BILLING CODE 9111-23-P