[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Proposed Rules]
[Pages 28336-28338]
[FR Doc No: 2012-11650]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0042; FRL-9672-1]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Offset Lithographic Printing and Letterpress Printing
Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the State of Maryland (Maryland). This revision
pertains to amendments to the Code of Maryland (COMAR) <IP_ADDRESS>,
Lithographic and Letterpress Printing. Maryland's SIP revision meets
the requirement to adopt Reasonably Available Control Technology (RACT)
for sources covered by EPA's Control Techniques Guidelines (CTG) for
offset lithographic printing and letterpress printing. This will help
Maryland attain and maintain the National Ambient Air Quality Standard
(NAAQS) for ozone. This action is being taken under the Clean Air Act
(CAA).

DATES: Written comments must be received on or before June 13, 2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2012-0042 by one of the following methods:

    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2012-0042, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2012-0042. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Maryland Department of the Environment, 1800
Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Asrah Khadr,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. On December 15, 2011, the
Maryland Department of the Environment (MDE) submitted a revision to
its SIP for the adoption of EPA's CTG for offset lithographic printing
and letterpress printing into the Code of Maryland.

I. Background

    Section 172(c)(1) of the CAA provides that SIPs for nonattainment
areas must include reasonably available control measures (RACM),
including RACT for sources of emissions. Section 182(b)(2)(A) provides
that for certain nonattainment areas, states must revise their SIPs to
include RACT for sources of volatile organic compound (VOC) emissions
covered by a CTG document issued after November 15, 1990 and prior to
the area's date of attainment.
    CTGs are intended to provide state and local air pollution control
authorities information that should assist them in determining RACT for
VOCs from various sources, which include offset lithographic and
letterpress printers. In developing these CTGs, EPA, among other
things, evaluated the sources of VOC emissions from this industry and
the available control approaches for addressing these emissions,
including the costs of such approaches. Based on available information
and data, EPA provided recommendations for RACT for offset lithographic
printers and letterpress printers.
    In November 1993, EPA published a draft CTG for offset lithographic
printing. This CTG discusses the nature of VOC emissions from this
industry, available control technologies for addressing such emissions,
the costs of available control options, and other items. In June 1994,
EPA published an alternative control techniques (ACT) document for
states to use in developing rules based on RACT for offset lithographic
printing. In 2006, after conducting a review of currently existing
state and local VOC emission reduction approaches for this industry,
reviewing the 1993 draft CTG and the 1994 ACT, and taking into account
the information that has become available since then, EPA developed a
new CTG for offset lithographic printers and letterpress printers,
entitled Control Techniques Guidelines for Offset Lithographic Printing
and Letterpress Printing (see EPA 453/R-06-002). The CTG for offset
lithographic printing and letterpress printing provides VOC control
recommendations for the following components involved in offset
lithographic and letterpress printing: Heatset inks, fountain solutions
and cleaning materials. A detailed description of this CTG may be found
in the technical support document (TSD).

II. Summary of SIP Revision

    On December 15, 2011, the MDE submitted to EPA a SIP revision
(11-09) concerning the adoption of EPA's CTG for offset
lithographic printing and letterpress printing. EPA develops CTGs as
guidance on control requirements for source categories. States can
follow the CTGs or adopt more restrictive standards. Maryland has
adopted EPA's CTG standards for offset lithographic printing and
letterpress printing. These regulations are in COMAR 26.11.19, Volatile
Organic Compounds from Specific Processes. Specifically, this revision
amends the existing regulation in Section <IP_ADDRESS> to include the
recommendations from the aforementioned CTG. A detailed summary of
EPA's review of and rationale for proposing to approve this SIP
revision may be found in the TSD for this action which is available on
line at http://www.regulations.gov, Docket number EPA-R03-OAR-2012-
0042.

III. Proposed Action

    EPA's review of this material indicates that the proposed SIP
revision will reduce VOC emissions which will help maintain
environmental protection and public health. EPA is proposing to approve
the Maryland SIP revision for adoption of the CTG standards for offset
lithographic printing and letterpress printing into the Code of
Maryland. EPA is soliciting public comments on the issues discussed in
this document. These comments will be considered before taking final
action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).

Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule concerning Maryland's adoption of
the CTG for offset lithographic printing and letterpress printing does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), because the SIP is not approved to apply
in Indian country located in the state, and EPA notes that it will not
impose substantial direct costs on tribal governments or preempt tribal
law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ozone, Reporting
and recordkeeping requirements, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: May 2, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-11650 Filed 5-11-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: April 8, 2008 (Volume 73, Number 68)]
[Notices]
[Page 19125-19128]
[DOCID:fr08ap08-99]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57603; File No. SR-NYSEArca-2007-104]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change and Amendment No. 1 Thereto Relating to Listing
Standards for Warrants, Rights, and Units

April 2, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 3, 2007, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange''),
through its wholly owned subsidiary, NYSE Arca Equities, Inc. (``NYSE
Arca Equities''), 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 substantially prepared by the
Exchange. On March 27, 2008, the Exchange filed Amendment No. 1 to the
proposed rule change. The Commission is publishing this notice to
solicit comments on the proposed rule change, as amended, from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Arca Equities Rules 5.2(f) and
5.5(e), which relate to the Exchange's initial and continued listing
standards for warrants, to apply such standards to rights to purchase
listed securities. In addition, the Exchange proposes to adopt new NYSE
Arca Equities Rule 5.2(k) which relate to listing requirements for
Units.\3\ The text of the proposed rule change is available at the
Exchange, the Commission's Public Reference Room, and http://
www.nyse.com.
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    \3\ ``Units'' are defined as paired securities which may be
transferred and traded only in combination with one another as a
single economic unit. See NYSE Arca Equities Rule 5.1(b)(20).
Currently, the Exchange has continued listing standards for Units in
NYSE Arca Equities Rule 5.5(a), which references NYSE Arca Equities
Rules 5.5(b)-(e). NYSE Arca Equities Rules 5.5(b)-(e) relate to the
continued listing requirements for common stock and common stock
equivalent securities, preferred stock and secondary classes of
common stock, bonds and debentures, and warrants, respectively. See
NYSE Arca Equities Rules 5.5(b)-(e). See also infra note 8.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

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

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

1. Purpose
    The Exchange proposes to: (1) Amend NYSE Arca Equities Rules 5.2(f)
and 5.5(e), the Exchange's initial and continued listing standards for
warrants, to apply such standards to rights to purchase securities; \4\
and (2) adopt new NYSE Arca Equities Rule 5.2(k) to add listing
standards for Units. The Exchange states that the proposed rule changes
herein are modeled upon the rules of The NASDAQ Stock Market LLC
(``Nasdaq'').\5\
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    \4\ The initial and continued listing standards for warrants
under NYSE Arca Equities Rules 5.2(f) and 5.5(e), respectively, were
approved by the Commission in 1994. See Securities Exchange Act
Release No. 34429 (July 22, 1994), 59 FR 38998 (August 1, 1994) (SR-
PSE-93-12) (approving quantitative and qualitative listing standards
with respect to common stock, preferred stock, bonds and debentures,
warrants, contingent value rights, and other securities).
    \5\ The Exchange states that Nasdaq's initial listing standards
for warrants and rights are set forth in Nasdaq Rule 4420(d), and
its continued listing standards for warrants and rights are set
forth in Nasdaq Rule 4450(d). In addition, Nasdaq's initial listing
standards for units are set forth in Nasdaq Rule 4420(h). The
Exchange also states that the proposal regarding the listing
standards for Units are based, in part, on provisions contained in
the Company Guide of the American Stock Exchange LLC (``Amex''). See
infra note 11.
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Listing Standards for Warrants and Rights

    Currently, NYSE Arca Equities Rule 5.2(f) addresses the Exchange's
initial listing standards for warrants. The Exchange proposes to add
rights to this Rule and apply these same initial listing standards to
both warrants and rights to purchase securities.\6\ As is the case for

warrants, at least 500,000 rights must be publicly held by not less
than 250 public beneficial holders under NYSE Arca Equities Rule
5.2(f)(1), as amended. The purpose for this change is to allow the
Exchange to list rights so that it can offer investors more investment
options, while also remaining competitive in the marketplace.
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    \6\ The Exchange states that Nasdaq made a similar change to its
rule, which is now contained in Nasdaq Rule 4420(d). See Securities
Exchange Act Release No. 43435 (October 11, 2000), 65 FR 62779
(October 19, 2000) (SR-NASD-99-69) (approving, among other things,
the inclusion of rights in the initial listing standards for
warrants).
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    Currently, NYSE Arca Equities Rule 5.2(f)(2) provides, in part,
that the Exchange will not list warrants unless the common stock of the
company or other security underlying the warrants is already listed
(and meets the pertinent continued listing requirements) or will be
listed on the Exchange concurrently with the warrants. The Exchange
proposes to amend NYSE Arca Equities Rule 5.2(f)(2) to provide that the
common stock of the company or other security underlying the warrants
and rights must be listed and trading (and meets the pertinent
continued listing standards), or will be listed and trading, on a
national securities exchange concurrently with the listing and trading
of warrants or rights, as applicable. The Exchange notes that it would
not list a warrant or right if the security underlying such warrant or
right is no longer trading or is subject to a trading halt, as imposed
by the national securities exchange listing such underlying security.
Therefore, the Exchange believes that investors would remain protected.
    Currently, NYSE Arca Equities Rule 5.5(e) addresses the continued
listing of warrants on the Exchange. NYSE Arca Equities Rule 5.5(e)
states that, for continued listing, the common stock of the company or
other security underlying the warrants must meet the applicable Tier I
maintenance requirements. The Exchange proposes to amend this Rule so
that such continued listing standard would apply to both warrants and
rights to purchase listed securities.\7\ As is the case with the
proposal to add rights to the initial listing standards, the purpose
for this change is to allow the Exchange to list rights so that it can
offer investors more investment options, while also remaining
competitive in the marketplace.
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    \7\ The Exchange states that Nasdaq's continued listing
standards for warrants also apply to rights, as set forth in Nasdaq
Rule 4450(d).
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    As stated above, NYSE Arca Equities Rule 5.5(e) provides, in
pertinent part, that the underlying common stock of the company or
other security must meet the applicable Tier I maintenance requirements
under NYSE Arca Equities Rule 5.5. The Exchange proposes to amend this
language to state that, in the case of warrants and rights, the common
stock of the company or other security underlying the warrants or
rights, as applicable, must continue to be listed on a national
securities exchange. The Exchange believes that, as long as the
security underlying warrants and rights satisfies the listing standards
of another national securities exchange and are otherwise in good
standing for trading, investors would be able to obtain additional
investment options and, at the same time, remain protected. The
Exchange also proposes this change to simplify the continued listing
standards under NYSE Arca Equities Rule 5.5(e) and ensure that the
issuer of an underlying security is listed on a national securities
exchange, in the interest of protecting investors.
Listing Standards for Units
    Currently, the Exchange has no separate initial quantitative
listing standards for Units, although it does have a definition and
continued listing standards for Units.\8\ The Exchange proposes to
adopt initial listing standards for Units under proposed NYSE Arca
Equities Rule 5.2(k). The Exchange states that the proposed standards
are substantially similar to those under Nasdaq Rule 4420(h).\9\
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    \8\ See supra note 3. NYSE Arca Equities Rule 5.5(a) states
that, in the case of Units, the Exchange will normally consider
suspending dealings in or delisting if any of the component parts do
not meet the applicable listing standards as set forth in NYSE Arca
Equities Rules 5.5(b)-(e). If one or more of the components is
otherwise qualified for listing, that component may remain listed.
Where all component parts of a Unit do not meet the applicable
listing standards as set forth in NYSE Arca Equities Rules 5.5(b)-
(e), the Unit will be delisted from the Exchange.
    \9\ See Nasdaq Rule 4420(h). See also Securities Exchange Act
Release No. 49746 (May 20, 2004), 69 FR 30356 (May 27, 2004) (SR-
NASD-2004-81) (approving listing standards for units).
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    In particular, under proposed NYSE Arca Equities Rule 5.2(k), all
Units must have at least one equity component and that all components
must meet the initial and continued listing standards in NYSE Arca
Equities Rules 5.2(k) and 5.5 (a)-(e), as applicable, or in the case of
debt components, meet certain specified criteria including: (1) An
aggregate market value or principal amount of at least $5 million; (2)
a requirement that the issuer of the debt security have equity
securities that are listed on a national securities exchange; and (3)
in the case of convertible debt, limitations on changes to conversion
prices, subject to an exception, and a real-time last sale reporting
requirement for the equity security into which the debt is
convertible.\10\ In addition, all components of the Unit must be issued
by the same issuer, and all Units and issuers of such Units must comply
with the initial and continued listing standards of NYSE Arca Equities
Rules 5.2(k) and 5.5(a)-(e), as applicable.
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    \10\ The Exchange notes that real-time last sale reporting must
be available for the underlying equity security, and it will not be
sufficient that the Unit containing such equity security be subject
to last sale reporting.
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    The Exchange also proposes that Units be subject to a minimum
listing period of 30 days from the first day of listing, except that
the period may be shortened if the Units are suspended or withdrawn for
regulatory purposes. Issuers and underwriters seeking to withdraw Units
from listing must provide the Exchange with notice of such intent at
least 15 days prior to withdrawal. Accordingly, the Exchange believes
that these provisions will provide investors a meaningful period of
time to react to the withdrawal of the Unit from listing and trading.
    Under proposed NYSE Arca Equities Rule 5.2(k)(3), each issuer of
Units must include in its prospectus or other offering document used in
connection with any offering of securities that is required to be filed
with the Commission under the federal securities laws and the rules and
regulations thereunder a statement regarding any intention to delist
the Units immediately after the minimum inclusion period referenced
above. In addition, an issuer of a Unit would be required to provide
information regarding the terms and conditions of the components of the
Unit, the ratio of the components comprising the Unit, and when a
component of the Unit is separately listed on an exchange on the
issuer's Internet Web site, or if it does not maintain a Web site, in
its annual report provided to Unit holders. Further, an issuer would be
required to immediately publicize through, at a minimum, a public
announcement through the news media, any change in the terms of a
listed Unit, such as changes to the terms and conditions of any of the
components or to the ratio of components within the Unit. The Exchange
believes that this heightened disclosure requirement is appropriate to
ensure that sufficient information regarding the attributes of these
securities is publicly available on a timely basis.
    The Exchange also proposes to add language clarifying the
applicability of certain continued listing standards relating to
components of Units that

have separated.\11\ The Exchange states that, when Units in good
standing begin to separate into their component securities, the
remaining Units that are still intact and the components of those Units
which have separated may all be separately listed and continue to
trade, provided that they meet the applicable continued listing
standards. The proposal specifies that, in determining whether an
individual component meets the applicable distribution requirements
specified in the continued listing standards, the Units that are intact
and freely separable into their component parts will be counted toward
the total numbers required for continued listing of the component. For
example, if 1,000,000 shares of common stock are publicly held after
separation from their Units, and 500,000 intact and freely separable
Units are publicly held, the common stock would be credited with having
1,500,000 shares publicly held, enabling it to meet the publicly held
shares requirement for common stock, which requires at least 1,100,000
shares of common stock to be publicly held.\12\ If the Units are no
longer freely separable and/or listed on the Exchange, the separately-
traded components would still be required to meet their applicable
continued listing standards.
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    \11\ The Exchange states that its proposal to clarify the
applicability of listing standards relating to components of Units
that have separated is modeled upon Section 1003(g)(ii) and (iii) of
the Amex Company Guide. See Securities Exchange Act Release No.
55675 (April 26, 2007), 72 FR 24638 (May 3, 2007) (SR-Amex-2006-114)
(approving amendments to listing standards for units).
    \12\ See NYSE Arca Equities Rule 5.5(b)(1).
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    Despite the fact that the aggregated distribution values satisfy
the continued listing distribution standards, under the proposal, the
Exchange would also consider suspending trading in, or removing from
listing, an individual component or Unit when, in the opinion of the
Exchange, the public distribution or aggregate market value of such
component or Unit becomes so reduced as to make continued listing on
the Exchange inadvisable. In its review of the advisability of the
continued listing of an individual component or Unit under such
circumstances, the Exchange proposes to take into account the trading
characteristics of the component or Unit and whether it would be in the
public interest for trading in such component or Unit to continue.
    The Exchange states that it will halt or suspend trading in the
Units or rights, as the case may be, when the underlying security is
halted on the relevant national securities exchange. In addition, for
Units and rights that are listed on the Exchange and based upon an
underlying security listed on another national securities exchange, the
Exchange represents that it will monitor Units and rights under the
Exchange's applicable continued listing standards.
    As is the case with the initial and continued listing standards for
rights, the Exchange states that the purpose for the proposed initial
listing standards for Units is to allow the Exchange to list Units so
that it can offer investors more investment options, while also
remaining competitive in the marketplace.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) of the Act,\13\ which states that an
exchange have rules that are 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, in general, to protect investors and
the public interest. The Exchange believes that the proposed rule
change will facilitate the listing and trading of rights and Units that
will enhance competition among market participants, to the benefit of
investors and the marketplace. In addition, the listing and trading
criteria set forth in the proposal are intended to protect investors
and the public interest.
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    \13\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    The Exchange states that written comments on the proposed rule
change were neither solicited nor received.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    A. By order approve such proposed rule change, or
    B. Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2007-104 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2007-104. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 1 a.m. and 3 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-2007-104 and should
be submitted on or before April 29, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-7309 Filed 4-7-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 109 (Tuesday, June 7, 2022)]
[Notices]
[Pages 34682-34683]
[FR Doc No: 2022-12218]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3409-032]

Boyne USA, Inc.; Notice of Availability of Environmental
Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380, the Office of Energy Projects has
reviewed the application for a subsequent license for the Boyne River
Hydroelectric Project, located on the Boyne River, in Boyne Valley
Township, Charlevoix County, near Boyne Falls, Michigan. The project
does not occupy federal land.
    The EA contains staff's analysis of the potential environmental
effects of the project and concludes that licensing the project, with
appropriate environmental measures, would not constitute a major
federal action that would significantly affect the quality of the human
environment.
    The Commission provides all interested persons with an opportunity
to view and/or print the EA via the internet through the Commission's
Home Page (http://www.ferc.gov/) using the ``eLibrary'' link. Enter the
docket number, excluding the last three digits in the docket number
field, to access the document. At this time, the Commission has
suspended access to the Commission's Public Reference Room, due to the
proclamation declaring a National Emergency concerning the Novel
Coronavirus Disease (COVID-19), issued by the President on March 13,
2020. For assistance, contact FERC Online Support at
[email protected] or toll-free at<PHONE_NUMBER>, or for TTY,
(202) 502-8659.
    You may also register online at https://ferconline.ferc.gov/eSubscription.aspx to be notified via email of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    Any comments should be filed within 45 days from the date of this
notice.
    The Commission strongly encourages electronic filings. Please file
comments using the Commission's eFiling system at https://ferconline.ferc.gov/eFiling.aspx. Commenters can submit brief comments
up to 6,000 characters, without prior registration, using the eComment
system at https://ferconline.ferc.gov/QuickComment.aspx. You must
include your name and contact information at

the end of your comments. For assistance, please contact FERC Online
Support. In lieu of electronic filing, 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
number P-3409-032.
    For further information, contact Patrick Ely at
[email protected] or<PHONE_NUMBER>.

    Dated: June 1, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-12218 Filed 6-6-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 226 (Friday, November 22, 2013)]
[Notices]
[Pages 70032-70033]
[FR Doc No: 2013-28015]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

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

    Docket Numbers:  ER14-360-000.
    Applicants: Florida Power & Light Company.
    Description: FPL Errata to the NITSA No. 162 Reallocation of
Existing Section 30.9 Network Transmission Facility Credits and Request
for Privileged Treatment [for Accession 20131108-5160].
    Filed Date: 11/12/13.
    Accession Number: 20131112-5358.
    Comments Due: 5 p.m. ET 12/3/13.

    Docket Numbers:  ER14-392-000.
    Applicants: Black Hills Colorado IPP, LLC.
    Description: Order No. 784 Compliance Filing to be effective 11/27/
2013.
    Filed Date: 11/13/13.
    Accession Number: 20131113-5117.
    Comments Due: 5 p.m. ET 12/4/13.

    Docket Numbers:  ER14-393-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Notice of Cancellation of Original Service Agreement
No. 3420; Queue No. X3-054 to be effective 11/11/2013.
    Filed Date: 11/13/13.
    Accession Number: 20131113-5119.
    Comments Due: 5 p.m. ET 12/4/13.

    Docket Numbers:  ER14-394-000.
    Applicants: Ethical Electric, Inc.
    Description: Ethical Electric, Inc. FERC Tariff Filing to be
effective 11/14/2013.
    Filed Date: 11/13/13.
    Accession Number: 20131113-5131.
    Comments Due: 5 p.m. ET 12/4/13.

    Docket Numbers:  ER14-395-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Queue Position V4-022; Original Service Agreement No.
3656 to be effective 10/18/2013.
    Filed Date: 11/13/13.
    Accession Number: 20131113-5172.
    Comments Due: 5 p.m. ET 12/4/13.

    Docket Numbers:  ER14-396-000.
    Applicants: Southern California Edison Company.
    Description: Notice of Cancellation of GIA and Distr Service Agmt
with Lake Shore Mojave, LLC to be effective 1/15/2014.
    Filed Date: 11/14/13.
    Accession Number: 20131114-5000.
    Comments Due: 5 p.m. ET 12/5/13.

    Docket Numbers:  ER14-397-000.
    Applicants: Idaho Power Company.
    Description: OATT Order No. 784 Compliance Filing to be effective
11/27/2013.
    Filed Date: 11/14/13.
    Accession Number: 20131114-5001.
    Comments Due: 5 p.m. ET 12/5/13.

    Docket Numbers:  ER14-398-000.
    Applicants: Southern California Edison Company.
    Description: Amended SGIA with RE Rio Grande, LLC to be effective
11/15/2013.
    Filed Date: 11/14/13.
    Accession Number: 20131114-5002.
    Comments Due: 5 p.m. ET 12/5/13.

    Docket Numbers:  ER14-399-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 2490R1 Steele Flats Wind Project, LLC GIA to be
effective 10/23/2013.
    Filed Date: 11/14/13.
    Accession Number: 20131114-5057.
    Comments Due: 5 p.m. ET 12/5/13.

    Docket Numbers:  ER14-400-000.
    Applicants: Entergy Services, Inc.
    Description: LBA Agreements to be effective 12/19/2013.
    Filed Date: 11/14/13.
    Accession Number: 20131114-5061.
    Comments Due: 5 p.m. ET 12/5/13.

    Docket Numbers:  ER14-401-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 2622 OG&E and SPS Interconnection Agreement to be
effective 12/31/9998.
    Filed Date: 11/14/13.
    Accession Number: 20131114-5067.
    Comments Due: 5 p.m. ET 12/5/13.

    Docket Numbers:  ER14-402-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp Energy Facilities Maintenance Agreement
(Lake Side 2) to be effective 10/25/2013.
    Filed Date: 11/14/13.
    Accession Number: 20131114-5077.
    Comments Due: 5 p.m. ET 12/5/13.

    Docket Numbers:  ER14-403-000.
    Applicants: PacifiCorp.
    Description: OATT Revised Attachment A, B & N (CCO address change)
to be effective 11/15/2013.
    Filed Date: 11/14/13.
    Accession Number: 20131114-5078.
    Comments Due: 5 p.m. ET 12/5/13.

    Docket Numbers:  ER14-404-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 1374R15 Kansas Power Pool and Westar Meter Agent
Agreement to be effective 11/1/2013.
    Filed Date: 11/14/13.
    Accession Number: 20131114-5096.
    Comments Due: 5 p.m. ET 12/5/13.

    Docket Numbers:  ER14-405-000.
    Applicants: PacifiCorp.
    Description: Notice of termination of Fiber and Communications
Addition Agreement (RS 657) with BPA of PacifiCorp.
    Filed Date: 11/14/13.
    Accession Number: 20131114-5114.
    Comments Due: 5 p.m. ET 12/5/13.

    Take notice that the Commission received the following foreign
utility company status filings:

    Docket Numbers:  FC14-10-000.
    Applicants: Soci[eacute]t[eacute] de cog[eacute]n[eacute]ration de
St-F[eacute]licien,.
    Description: Self-Certification of Foreign Utility Company Status
of Societe de cogeneration de St-Felicien, Societe en commandite.
    Filed Date: 11/13/13.
    Accession Number: 20131113-5180.
    Comments Due: 5 p.m. ET 12/4/13.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 14, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-28015 Filed 11-21-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 5, 2009 (Volume 74, Number 213)]
[Proposed Rules]
[Page 57278-57280]
[DOCID:fr05no09-19]

=======================================================================
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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910, 1915 and 1926

[Docket No. OSHA-H022K-2006-0062 (formerly Docket No. H022K)]
RIN 1218-AC20

Hazard Communication; Correction

AGENCY: Occupational Safety and Health Administration (OSHA), DOL.

ACTION: Proposed rule: correction.

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

SUMMARY: This document corrects the OSHA Hazard Communication standard
proposed rule and request for comment, published in the Federal
Register of September 30, 2009. This notice corrects eight errors, four
in the preamble and

four that appear in Appendix A: Table A.1.1, Table A.1.2, Table A.2.3,
and Table A7.1.

FOR FURTHER INFORMATION CONTACT: For general information and press
inquiries, contact Jennifer Ashley, Office of Communications, Room N-
3647, OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone<PHONE_NUMBER>. For technical
information, contact Maureen Ruskin, Directorate of Standards and
Guidance, Room N-3718, OSHA, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone<PHONE_NUMBER>.

Correction

    1. In the preamble of OSHA's Hazard Communication standard,
published in the Federal Register of September 30, 2009, (74 FR 50279)
on page 50280, in the first column, correct the FOR FURTHER INFORMATION
CONTACT section to read as follows:
    FOR FURTHER INFORMATION CONTACT: For general information and press
inquiries, contact Jennifer Ashley, Office of Communications, Room N-
3647, OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone<PHONE_NUMBER>. For technical
information, contact Maureen Ruskin, Directorate of Standards and
Guidance, Room N-3718, OSHA, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone<PHONE_NUMBER>.
    2. On page 50335, in column one, in the fifth full paragraph from
the top of the page, in the third line from the bottom of that
paragraph, the dollar amount of ``$500 million'' is corrected to read
``$700 million''.
    3. On page 50372, in column two, in the second full paragraph under
Item 4, in the fifth line from the bottom of that paragraph, the
quantity ``4,215,404'' is corrected to read ``3,877,457''.
    4. On page 50378, in column one, in the last line of text in that
column above footnote 17, the dollar amount of ``$610 million'' is
corrected to read ``$621 million''.
    5. In Appendix A to Sec.  1910.1200 on page 50445, correct Table
A.1.1: Acute toxicity hazard categories and acute toxicity estimate
(ATE) values defining the respective categories, to read as follows:

----------------------------------------------------------------------------------------------------------------
         Exposure route               Category 1          Category 2          Category 3          Category 4
----------------------------------------------------------------------------------------------------------------
Oral (mg/kg bodyweight) See:      <= 5..............  > 5 and <= 50.....  > 50 and <= 300...  > 300 and <= 2000.
 Notes (a), (b).
Dermal (mg/kg bodyweight) See:    <= 50.............  > 50 and <= 200...  > 200 and <= 1000.  > 1000 and <=
 Notes (a), (b).                                                                               2000.
Inhalation--Gases (ppmV) See:     <= 100............  > 100 and <= 500..  > 500 and <= 2500.  > 2500 and <=
 Note (a), Note (b), Note (c).                                                                 20000.
Inhalation--Vapors (mg/l) See:    <= 0.5............  > 0.5 and <= 2.0..  > 2.0 and <= 10.0.  > 10.0 and <=
 Note (a), Note (b), Note (c),                                                                 20.0.
 Note (d).
Inhalation--Dusts and Mists (mg/  <= 0.05...........  > 0.05 and <= 0.5.  > 0.5 and <= 1.0..  > 1.0 and <= 5.0.
 l) See: Note (a), Note (b),
 Note (c).
----------------------------------------------------------------------------------------------------------------
Note: Gases concentration are expressed in parts per million per volume (ppmV).
Notes to Table A.1.1:
(a) The acute toxicity estimate (ATE) for the classification of a substance is derived using the LD50/LC50 where
  available ;
(b) The acute toxicity estimate (ATE) for the classification of a substance or ingredient in a mixture is
  derived using:
 (i) the LD50/LC50 where available. Otherwise,
 (ii) the appropriate conversion value from Table 1.2 that relates to the results of a range test, or
 (iii) the appropriate conversion value from Table 1.2 that relates to a classification category;
(c) Inhalation cut-off values in the table are based on 4 hour testing exposures. Conversion of existing
  inhalation toxicity data which has been generated according to 1 hour exposure is achieved by dividing by a
  factor of 2 for gases and vapors and 4 for dusts and mists;
(d) For some chemicals the test atmosphere may consist of a vapor which is near the gaseous phase. In these
  cases, classification is based on ppmV as follows: Category 1 (100 ppmV), Category 2 (500 ppmV), Category 3
  (2500 ppmV), Category 4 (20000 ppmV).
The terms ``dust,'' ``mist,'' and ``vapor'' are defined as follows:
(i) Dust: solid particles of a substance or mixture suspended in a gas (usually air);
(ii) Mist: liquid droplets of a substance or mixture suspended in a gas (usually air);
(iii) Vapor: the gaseous form of a substance or mixture released from its liquid or solid state.

    6. In Appendix A on page 50447, correct Table A.1.2: Conversion
from experimentally obtained acute toxicity range values (or acute
toxicity hazard categories) to acute toxicity point estimates for use
in the formulas for the classification of mixtures, to read as follows:

------------------------------------------------------------------------
                                 Classification category
                                    or experimentally        Converted
        Exposure routes               obtained acute      acute toxicity
                                 toxicity range estimate  point estimate
------------------------------------------------------------------------
Oral (mg/kg bodyweight ).......  0 < Category 1 <= 5....             0.5
                                 5 < Category 2 <= 50...               5
                                 50 < Category 3 <= 300.             100
                                 300 < Category 4 <=                 500
                                  2000.
Dermal (mg/kg bodyweight)......  0 < Category 1 <= 50...               5
                                 50 < Category 2 <= 200.              50
                                 200 < Category 3 <=                 300
                                  1000.
                                 1000 < Category 4 <=               1100
                                  2000.
Gases (ppmV)...................  0 < Category 1 <= 100..              10
                                 100 < Category 2 <= 500             100
                                 500 < Category 3 <=                 700
                                  2500.
                                 2500 < Category 4 <=               4500
                                  20000.
Vapors (mg/l)..................  0 < Category 1 <= 0.5..            0.05
                                 0.5 < Category 2 <= 2.0             0.5
                                 2.0 < Category 3 <=                   3
                                  10.0.
                                 10.0 < Category 4 <=                 11
                                  20.0.
Dust/mist (mg/l)...............  0 < Category 1 <= 0.5..           0.005

                                 0.05 < Category 2 <=               0.05
                                  2.0.
                                 0.5 < Category 3 <=                 0.5
                                  10.0.
                                 1.0 < Category 4 <=                 1.5
                                  20.0.
------------------------------------------------------------------------
Note: Gases concentration are expressed in parts per million per volume
  (ppmV).

    7. In Appendix A on page 50450, correct Table A.2.3: Concentration
of ingredients of a mixture classified as skin Category 1 or 2 that
would trigger classification of the mixture as hazardous to skin
(Category 1 or 2), to read as follows:

------------------------------------------------------------------------
                                         Concentration triggering
                                      classification of a mixture as:
  Sum of ingredients classified  ---------------------------------------
               as:                  Skin corrosive       Skin irritant
                                      Category 1          Category 2
------------------------------------------------------------------------
Skin Category 1.................  >= 5%.............  >= 1% but < 5%.
Skin Category 2.................  ..................  >=10%.
(10 x Skin Category 1) + Skin     ..................  >=10%.
 Category 2.
------------------------------------------------------------------------

    8. In Appendix A, on page 50467, correct Table A.7.1: Cut-off
values/concentration limits of ingredients of a mixture classified as
reproductive toxicants or for effects on or via lactation that trigger
classification of the mixture, to read as follows:

----------------------------------------------------------------------------------------------------------------
                                                                  Cut-off values/concentration limits triggering
                                                                          classification of a mixture as:
                                                                 -----------------------------------------------
                   Ingredients classified as:                                                       Additional
                                                                    Category 1      Category 2     category for
                                                                   reproductive    reproductive    effects on or
                                                                     toxicant        toxicant      via lactation
----------------------------------------------------------------------------------------------------------------
Category 1 reproductive toxicant................................         >= 0.1%  ..............  ..............
Category 2 reproductive toxicant................................  ..............         >= 0.1%  ..............
Additional category for effects on or via lactation.............  ..............  ..............         >= 0.1%
----------------------------------------------------------------------------------------------------------------

Authority

    This document was prepared under the direction of Jordan Barab,
Acting Assistant Secretary of Labor for Occupational Safety and Health,
200 Constitution Avenue, NW., Washington, DC 20210.

    Signed at Washington, DC, this 29th day of October 2009.
Jordan Barab,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E9-26579 Filed 11-4-09; 8:45 am]

BILLING CODE 4510-26-P


[Federal Register: July 27, 2006 (Volume 71, Number 144)]
[Rules and Regulations]
[Page 42593-42596]
[DOCID:fr27jy06-7]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 376

[Docket No. RM06-19-000, Order No. 680]

Commission Procedures During Periods of Emergency Requiring
Activation of Continuity of Operations Plan

Issued July 20, 2006.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Final rule.

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

SUMMARY: In this rule the Commission establishes procedures with regard
to filing and other requirements if the Commission is required to
implement its Continuity of Operations Plan in response to an emergency
situation that disrupts communications to or from the Commission's
headquarters or which otherwise impairs headquarters operations. The
rule temporarily suspends filing requirements and ensures that
deadlines for Commission actions that fall during the period the plan
is in operation are met, thereby providing continuity in the conduct of
the Commission's business and certainty to parties with business before
the Commission.

EFFECTIVE DATE: The rule will become effective July 20, 2006.

FOR FURTHER INFORMATION CONTACT: John Clements, Office of the General
Counsel, Federal Energy Regulatory Commission, Room 101-57, 888 First
St., NE., Washington, DC 20426,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Before Commissioners: Joseph T. Kelliher,
Chairman; Nora Mead Brownell, and Suedeen G. Kelly.

I. Introduction

    1. The Federal Energy Regulatory Commission (Commission) is
amending its regulations to modify certain filing requirements and
establish procedures to be effective during emergencies affecting the
Commission that require it to implement its Continuity of Operations
Plan (COOP Plan). The COOP Plan was developed to address emergency
conditions lasting up to 30 days during which Commission headquarters
operations may be temporarily disrupted or communications may be
temporarily unavailable, either of which may prevent the public or the
Commission from meeting regulatory or statutory requirements.\1\ The
COOP Plan is designed to ensure that the Commission is able to quickly
restore its ability to perform essential functions should such
conditions occur.\2\ The rule temporarily suspends filing requirements
and ensures that deadlines for Commission actions that fall during the
period the plan is in operation are met, thereby providing continuity
in the conduct of the Commission's business and certainty to parties
with business before the Commission.\3\
---------------------------------------------------------------------------

    \1\ The emergency conditions which might trigger activation of
the COOP Plan are not identical to ``emergency conditions'' as
heretofore defined in 18 CFR 376.201. One of the revisions discussed
below modifies that section to cover the emergency conditions that
would trigger activation of the COOP Plan.
    \2\ More information concerning the COOP Plan can be found on
the Commission's Web site at http://www.ferc.gov/coop.asp.

    \3\ Activation of the COOP Plan affects communications with
headquarters only, and does not affect communications required to be
made directly to the Commission's Regional Offices.
---------------------------------------------------------------------------

II. Discussion

A. Acceptance and Suspension of Pending Filings Requiring Commission
Action by a Date Certain

    2. The rule provides for the acceptance and suspension, during
emergencies that disrupt normal operations and communications and
require activation of the COOP Plan,\4\ of pending filings upon which
the Commission would be required to act by a date certain during the
period of emergency. The effective date(s) of such filings shall be the
date(s) requested, to be effective subject to refund and further order
of the Commission. These include filings made pursuant to:
---------------------------------------------------------------------------

    \4\ Not all disruptions of communications with the Commission's
headquarters will require activation of the COOP Plan and the
triggering of these regulations. For instance, a brief outage of
eLibrary that prevents entities from making electronic filings would
not trigger activation of the COOP Plan.
---------------------------------------------------------------------------

     Section 4 of the Natural Gas Act;
     Section 205 of the Federal Power Act; and
     Section 6(3) of the Interstate Commerce Act.

B. Electric Reliability Organization Penalties

    3. If the date on which a penalty imposed by an Electric
Reliability Organization pursuant to FPA Sec.  215 would take effect
falls during a period when the COOP Plan is activated, review of such
penalty by the Commission will be deemed to be initiated and the
penalty shall be stayed pending further action by the Commission.

C. Consistency of State Action With Reliability Standard

    4. If the date by which a Commission determination under FPA Sec.
215 as to whether a State action is inconsistent with a reliability
standard is required to be made falls during a period when the COOP
Plan is activated, the effectiveness of the State action will be deemed
to be stayed pending further action by the Commission.

D. Tolling of Time Periods for Commission Action

    5. The rule also tolls for purposes of further consideration the
time periods for certain Commission actions that will be required
during the emergency. These include the:
     60-day period for acting on requests for Exempt Wholesale
Generator or Foreign Utility Company status;
     60-day period for acting on interlocking directorate
applications;
     90-day period for acting on requests for certification of
qualifying facility status;
     60-day period for acting on holding company and
transaction exemptions and waivers;
     180-day period for acting on public utility and holding
company applications for dispositions, considerations, or acquisitions;
     150-day period for acting on intrastate pipeline
applications for approval of proposed rates;
     Period ending 60 days prior to the Electric Reliability
Organization's (ERO) fiscal year for acting on the ERO's budget;
     60-day period for acting on notifications that a
Reliability Standard may conflict with a function, rule, order, tariff,
rate schedule or agreement;
     60-day period for acting on applications for review of a
penalty imposed by the ERO for violation of a reliability standard;
     45-day Protest period for protesting Prior Notice Filings,
and the 30-day period for resolving and filing to withdraw such
Protests; \5\
---------------------------------------------------------------------------

    \5\ The result of these suspensions is that no facilities
subject to the prior notice provisions of the Commission's blanket
certificate regulations not finally authorized prior to the
activation of the COOP Plan shall be constructed during its
activation in the absence of specific authorization by the
Commission.
---------------------------------------------------------------------------

     30-day period for acting on requests for rehearing;
     Time periods prescribed in 18 CFR 385.714-715 for acting
on interlocutory appeals and certified questions.

E. Suspension of Certain Requirements

    6. Disruptions to normal operations and communications during an

emergency that require activation of the COOP Plan could make
compliance with some Commission statutes, regulations, or orders
difficult or impossible. This rule suspends those requirements during
the emergency. The affected regulatory requirements include mandatory
filings, submissions, and notifications, as well as voluntary notices,
contacts, or reports to the Commission. They include:
     Filings to comply with Commission orders, including orders
issued by administrative law judges;
     Filings required to be made by a date certain under the
Commission's regulations or orders;
     Motions to intervene and protests, and notices of
intervention;
     Comments responding to proposed rulemakings or technical
conferences;
     Responses to data requests;
     Self-reports of violations;
     Responses to staff audit reports;
     Contacts with the Commission's Enforcement Hotline;
     Accounting filings required by the Commission's Uniform
Systems of Accounts; and
     Forms, reports, and submissions required to be filed by a
date certain.
    7. The rule also grants certain relief with respect to the
Commission's Standards of Conduct for Transmission Providers that are
also affected by the emergency affecting the Commission. Specifically,
such Transmission Providers may, for 30 days, delay compliance with the
requirement of Sec.  358.4(a)(2) of the regulations \6\ to report to
the Commission each emergency that resulted in any deviation from the
Standards of Conduct within 24 hours of such deviation. Unless the
emergency prevents the Transmission Provider from posting information
on the OASIS or Internet Web site, the Transmission Provider must
comply with those posting requirements. The 30-day period may be
extended as necessary.
---------------------------------------------------------------------------

    \6\ 18 CFR 358.4(a)(2).
---------------------------------------------------------------------------

F. Intention Not To Act

    8. The rule provides that, during the emergency conditions that
require activation of the COOP Plan, the Commission will not initiate
an enforcement action under Sec.  210(h)(2) of the Public Utility
Regulatory Policies Act of 1978.\7\ Applicants may, as a consequence,
bring their own enforcement actions in the appropriate courts.
---------------------------------------------------------------------------

    \7\ 16 U.S.C. 824a-3(h)(2).
---------------------------------------------------------------------------

G. Suspension of Proceedings Before Administrative Law Judges

    9. The rule also suspends all hearings, prehearing conferences,
settlement conferences, and meetings before administrative law judges
while the COOP Plan is activated.

H. Delegations of Authority

    10. This rulemaking also revises the Commission's rules regarding
emergency operations to ensure that delegations of authority will
remain effective in the event the COOP Plan is activated. The revisions
clarify Sec.  376.206 of the Commission's regulations to specify with
more particularity what persons will be authorized to exercise
delegated authority in the event the officials to whom delegations are
made under Part 375 are unavailable. Section 376.204(b)(2) also is
being revised to update the list of officials designated to act on
behalf of the Commission in the event of an emergency. Finally, the
definition of ``emergency condition'' contained in Sec.  376.201 is
being revised to include specifically any condition that necessitates
activation of the COOP Plan.

I. Related Matters

    11. The COOP Plan includes procedures to inform the public when the
COOP Plan is activated, when alternate channels of communication are
established, when normal operations and communications are resumed, and
the length of any grace period to comply with requirements that were
suspended during the emergency. A press release will be sent to major
wire services, industry press, and appropriate metropolitan area radio
stations announcing that the Commission has activated the COOP Plan.
The Commission's alternative Web site (http://www.fercalt.gov) will be

activated and a notice that the COOP Plan has been activated will be
prominently displayed thereon. The alternative Web site will act as a
resource for the press, industry, and general public. An additional
press release will be sent to appropriate media outlets when the COOP
Plan is deactivated and the Commission's headquarters constituted, and
appropriate modifications made to the alternative Web site.
    12. Finally, during periods when the COOP is activated, the
Commission will continue to act on requests to ensure continued
construction of essential natural gas facilities with sensitive
construction timelines, on Commencement of Service requests, and on
completion of dam safety work, in a manner consistent with the
maintenance of environmental protections. The Commission will further
ensure that its personnel are available to respond to and address:
Plant accidents or reportable incidents at LNG facilities; dam safety,
public safety, and security incidents at jurisdictional hydropower
projects; and regional and interregional bulk power systems incidents
and emergencies, including blackouts. Alternate channels of
communication will include measures to ensure that these activities can
go forward unhindered.
Regulatory Flexibility Act Certification
    13. The Regulatory Flexibility Act of 1980 (RFA) \8\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small
entities.\9\ The Commission is not required to make such an analysis if
a rule would not have such an effect. This Final Rule merely
temporarily suspends or waives certain filings and other requirements.
Therefore, this Final Rule will not have a significant economic impact
on a substantial number of small entities and no regulatory flexibility
analysis is required.
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    \8\ 5 U.S.C. 601-12.
    \9\ The RFA definition of ``small entity'' refers to the
definition provided in the Small Business Act, which defines a
``small business concern'' as a business which is independently
owned and operated and which is not dominant in its field of
operation. 15 U.S.C. 632. The Small Business Size Standards
component of the North American Industry Classification System
defines a small electric utility as one that, including its
affiliates, is primarily engaged in the generation, transmission,
and/or distribution of electric energy for sale and whose total
electric output for the preceding fiscal years did not exceed 4
million MWh. 13 CFR 121.201.
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Information Collection Statement
    14. Office of Management and Budget (OMB) regulations require OMB
to approve certain information collection requirements imposed by
agency rule.\10\ This Final Rule contains no new information
collections. Therefore, OMB review of this Final Rule is not required.
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    \10\ 5 CFR 1320.12.
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Environmental Analysis
    15. 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. 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.\11\ This rule is procedural in nature and
therefore falls under this exception; consequently, no environmental
consideration is necessary.
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    \11\ Regulations Implementing the National Environmental Policy
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs.
Regulations Preambles 1986-1990 ] 30,783 (1987).
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Document Availability
    16. 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 p.m. Eastern time) at 888 First Street, NE., Room 2A,
Washington, DC 20426.
    17. From the Commission's Home Page on the Internet, this
information is available in the 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
FERRIS, type the docket number excluding the last three digits of this
document in the docket number field.
    18. User assistance is available for eLibrary and the Commission's
Web site during normal business hours. For assistance, please contact
Online Support at 1-866-208-3676 (e-mail at
FERCOnlineSupport@FERC.gov), or the Public Reference Room at (202) 502-

8371, TTY<PHONE_NUMBER> (e-mail at public.referenceroom@ferc.gov).
Effective Date and Congressional Notification
    19. These regulations are effective on July 20, 2006. The
provisions of 5 U.S.C. 801 regarding Congressional review of Final
Rules do not apply to this Final Rule, because the rule concerns agency
procedure and practice and will not substantially affect the rights of
non-agency parties. The Commission finds that notice and public
procedure are unnecessary because no new burden or regulatory
requirement is imposed on regulated entities or the general public. For
the same reason, the Commission finds good cause to waive the customary
30-day notice period before the effective date of this Final Rule.

List of Subjects in 18 CFR Part 376

    Civil defense, Organization and functions (Government agencies).

    By the Commission.
Magalie R. Salas,
Secretary.

0
In consideration of the foregoing, the Commission amends part 376,
Chapter I, Title 18, Code of Federal Regulations, as follows:

PART 376--ORGANIZATION, MISSION, AND FUNCTIONS; OPERATIONS DURING
EMERGENCY CONDITIONS

0
1. The authority citation for part 376 continues to read as follows:

    Authority: 5 U.S.C. 553; 42 U.S.C. 7101-7352; E.O. 12009, 3 CFR
1978 Comp., p. 142.

0
2. In Sec.  376.201, paragraph (a)(3) is revised and paragraph (a)(4)
is added to read as follows:

Sec.  376.201  Emergency condition defined.

* * * * *
    (a) * * *
    (3) At a time specified by the authority of the President; or
    (4) At such time that the Commission's Continuity of Operations
Plan is activated; and
* * * * *

0
3. In Sec.  376.204, paragraphs (b)(2)(ii), (b)(2)(v), (b)(2)(vi),
(b)(2)(viii), (b)(2)(ix) and (b)(2)(x) are revised to read as follows:

Sec.  376.204  Delegation of Commission's authority during emergency
conditions.

* * * * *
    (b) * * *
    (2) * * *
    (ii) Director of the Office of Energy Markets and Reliability;
* * * * *
    (v) Director of the Office of Enforcement;
    (vi) Deputy Directors, Office of Energy Markets and Reliability, in
order of seniority;
* * * * *
    (viii) Deputy General Counsels, in order of seniority;
    (ix) Associate General Counsels and Solicitor, in order of
seniority;
    (x) Assistant Directors and Division heads, Office of Energy
Markets and Reliability; Assistant Directors and Division heads, Office
of Energy Projects; Assistant General Counsels; and Assistant Directors
and Division heads, Office of Enforcement; in order of seniority.
* * * * *

0
4. Section 376.206 is revised to read as follows:

Sec.  376.206  Delegation of functions of certain Commission staff
members.

    When, by reason of emergency conditions, the Secretary, Director of
any Office or Division, or officer in charge of a regional office, is
not available and capable of carrying out his or her functions, such
functions are delegated to staff members designated by the Chairman to
perform such functions. If no staff member so designated is available
and capable of carrying out their functions, such functions are
delegated to the next subordinate employee in the Office or Division of
the highest grade and longest period of service in that grade. If no
subordinate employee of the Office or Division is available and capable
of carrying out their functions, such functions are delegated to the
Commission employee of the highest grade and longest period of service
in that grade who is available and capable of carrying out their
functions.

0
5. Section 376.209 is added to read as follows:

Sec.  376.209  Procedures during periods of emergency requiring
activation of the Continuity of Operations Plan.

    (a)(1) The Commission's Continuity of Operations Plan is activated
during emergency conditions lasting up to 30 days during which
Commission headquarters operations may be temporarily disrupted or
communications with the Commission's headquarters may be temporarily
unavailable, either of which may prevent the public or the Commission
from meeting regulatory or statutory requirements. The provisions of
this paragraph are effective upon activation of the Plan. The
Commission will notify the public that the Plan has been activated by
sending a press release announcing that fact to major wire services,
industry press, and appropriate metropolitan area radio stations
announcing that the Commission has activated the Plan. The Commission's
alternative Web site (http://www.fercalt.gov) will be activated and a

notice that the Plan has been activated will be prominently displayed
thereon. The alternative Web site will act as a resource for the press,
industry, and general public. An additional press release will be sent
to appropriate media outlets when the Plan is deactivated and the
Commission's headquarters constituted, and appropriate modifications
made to the alternative Web site.
    (2) During periods when the Continuity of Operations Plan is
activated, the Commission will continue to act on requests to ensure
continued construction of essential natural gas facilities with
sensitive construction timelines, on Commencement of Service requests,
and on completion of dam

safety work, in a manner consistent with the maintenance of
environmental protections. The Commission will further ensure that its
personnel are available to respond to plant accidents or reportable
incidents at LNG facilities, and address dam safety, public safety, and
security incidents at jurisdictional hydropower projects. Alternate
channels of communication will include measures to ensure that these
activities can go forward unhindered.
    (b) Standards of conduct for transmission service providers. During
periods when the Commission's Continuity of Operations Plan is
activated, a Transmission Provider affected by the same emergency
affecting the Commission may, for 30 days, delay compliance with the
requirement to report to the Commission each emergency that resulted in
any deviation from the standards of conduct within 24 hours of such
deviation. If the emergency prevents a Transmission Provider from
posting information on the OASIS or Internet Web site, the Transmission
Provide may, for 30 days, also delay compliance with the requirements
of Sec.  358.4(a)(2) of this chapter to post this information on the
OASIS or Internet Web site, as applicable. Upon application by any such
Transmission Provider, the Commission may extend these periods.
    (c) Tolling of time periods for Commission action. The Commission
tolls, for purposes of further consideration, the time period in which
the Commission must act on the following matters if the time period
during which the Commission would ordinarily be required to act closes
during the period when the Continuity of Operations Plan is activated:
    (1) 60-day period to act on requests for Exempt Wholesale Generator
or Foreign Utility Company status;
    (2) 90-day period for acting on requests for certification of
qualifying facility status;
    (3) 60-day period for acting on interlocking directorate
applications;
    (4) 60-day period for acting on Public Utility Holding Company Act
exemptions and waivers;
    (5) 180-period for acting on applications under Sec.  203 of the
FPA;
    (6) 150-day period for acting on intrastate pipeline applications
for approval of proposed rates;
    (7) Period ending 60 days prior to the Electric Reliability
Organization's (ERO) fiscal year for acting on the ERO's budget;
    (8) 60-day period for acting on notifications that a Reliability
Standard may conflict with a function, rule, order, tariff, rate
schedule or agreement;
    (9) 60-day period for acting on applications for review of a
penalty imposed by the ERO for violation of a reliability standard;
    (10) 45-day Protest period for protesting Prior Notice Filings, and
the 30-day period for resolving and filing to withdraw such Protests;
    (11) 30-day period for acting on requests for rehearing; and
    (12) Time periods for acting on interlocutory appeals and certified
questions.
    (d) Suspension of certain requirements. During periods when the
Commission's Continuity of Operations Plan is activated, requirements
for the following filings, submissions, and notifications are
suspended.
    (1) Filings to comply with Commission orders, including orders
issued by administrative law judges;
    (2) Filings required to be made by a date certain under the
Commission's regulations or orders;
    (3) Motions to intervene and protests, and notices of intervention;
    (4) Comments responding to proposed rulemakings or technical
conferences;
    (5) Responses to data requests;
    (6) Self-reports of violations;
    (7) Responses to staff audit reports;
    (8) Contacts with the Commission's Enforcement Hotline;
    (9) Accounting filings required by the Commission's Uniform Systems
of Accounts; and
    (10) Forms required to be filed by a date certain.
    (e) Acceptance and Suspension of Rate Filings. When the date by
which the Commission is required to act on filings made pursuant to
section 4 of the Natural Gas Act, sections 205 of the Federal Power
Act, and section 6(e) of the Interstate Commerce Act falls during
periods when the Continuity of Operations Plan is activated, such
filings shall be deemed to be accepted and suspended and made effective
on the requested effective date, subject to refund and further order of
the Commission.
    (f) Electric Reliability Organization Penalties. If the date on
which an Electric Reliability Organization imposes a penalty under
Federal Power Act Sec.  215 would take effect falls during a period
when the COOP Plan is activated, review of such penalty by the
Commission shall be deemed to be initiated and the penalty shall be
stayed pending further action of the Commission.
    (g) Consistency of State action with reliability standard. If the
date by which a Commission determination under FPA Sec.  215 as to
whether a State action is inconsistent with a reliability standard is
required to be made falls during a period when the COOP Plan is
activated, the effectiveness of the State action will be deemed to be
stayed pending further action by the Commission.
    (h) Suspension of Evidentiary Hearings. During periods when the
Continuity of Operations Plan is activated, all hearings, prehearing
conferences, settlement conferences, and meetings before administrative
law judges are suspended.
    (i) Enforcement Actions. During periods when the Continuity of
Operations Plan is activated, the Commission will not initiate an
enforcement action under section 210(h)(2) of the Public Utility
Regulatory Policies Act of 1978.

[FR Doc. E6-11990 Filed 7-26-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 236 (Friday, December 7, 2012)]
[Notices]
[Page 73029]
[FR Doc No: 2012-29578]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EL13-27-000; QF86-613-007]

Western Power and Steam, Inc.; Notice of Petition for Declaratory
Order

    Take notice that on November 30, 2012, pursuant to section
292.205(c) of the Federal Energy Regulatory Commission's (Commission)
Rules of Practice and Procedure implementing the Public Utility
Regulatory Policies Act of 1978, as amended, 18 CFR 292.205(c), Western
Power and Stream, Inc. (Western) filed a petition for declaratory order
requesting a limited waiver, for calendar year 2012, of the qualifying
facility operating and efficiency standards set forth in sections
292.205(a)(1) and 292.205 (a)(2)(i)(B) of the Commission's regulations
for the topping-cycle cogeneration facility owned and operated by
Western located at Bakersfield, California.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is 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 email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on December 31, 2012.

    Dated: December 3, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-29578 Filed 12-6-12; 8:45 am]
BILLING CODE 6717-01-P