[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Notices]
[Pages 39081-39082]
[FR Doc No: 2018-16909]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP18-1005-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Neg Rate Agmt and Cap Rel Agmt
w/Neg Rate Provisions (So 49811, Emera 49884) to be effective 8/1/2018.
    Filed Date: 7/31/18.
    Accession Number: 20180731-5010.
    Comments Due: 5 p.m. ET 8/13/18.

    Docket Numbers: RP18-1006-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmts
(Petrohawk 41455 releases eff 8-1-2018) to be effective 8/1/2018.
    Filed Date: 7/31/18.
    Accession Number: 20180731-5012.
    Comments Due: 5 p.m. ET 8/13/18.

    Docket Numbers: RP18-1007-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Remove Expired Agmts from
Tariff Effective 8/1/2018 to be effective 8/1/2018.
    Filed Date: 7/31/18.
    Accession Number: 20180731-5013.
    Comments Due: 5 p.m. ET 8/13/18.

    Docket Numbers: RP18-1008-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmts
(Atlanta Gas 8438 to various shippers eff 8-1-2018) to be effective 8/
1/2018.
    Filed Date: 7/31/18.
    Accession Number: 20180731-5014.
    Comments Due: 5 p.m. ET 8/13/18.

    Docket Numbers: RP18-1009-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Housekeeping Filing eff 8-31-
2018 to be effective 8/31/2018.
    Filed Date: 7/31/18.
    Accession Number: 20180731-5015.
    Comments Due: 5 p.m. ET 8/13/18.

    Docket Numbers: RP18-1010-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Modification to Negotiated
Rate Provision to be effective 8/31/2018.
    Filed Date: 7/31/18.
    Accession Number: 20180731-5016.
    Comments Due: 5 p.m. ET 8/13/18.

    Docket Numbers: RP18-1011-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Coastal Bend Pooling Service
Clarification to be effective 8/31/2018.
    Filed Date: 7/31/18.
    Accession Number: 20180731-5017.
    Comments Due: 5 p.m. ET 8/13/18.

    Docket Numbers: RP18-1012-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmt
(Newfield 18 to Spire 2020) to be effective 8/1/2018.
    Filed Date: 7/31/18.
    Accession Number: 20180731-5019.
    Comments Due: 5 p.m. ET 8/13/18.

    Docket Numbers: RP18-1013-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Sec.  4(d) Rate Filing: Revise Certain Pro Forma
Agreements to be effective 8/31/2018.
    Filed Date: 7/31/18.
    Accession Number: 20180731-5024.
    Comments Due: 5 p.m. ET 8/13/18.

    Docket Numbers: RP18-1014-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Sec.  4(d) Rate Filing: Housekeeping Filing eff 8-31-
2018 to be effective 8/31/2018.
    Filed Date: 7/31/18.
    Accession Number: 20180731-5028.
    Comments Due: 5 p.m. ET 8/13/18.

    Docket Numbers: RP18-1015-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Sec.  4(d) Rate Filing: Modification to Negotiated
Rate Provision to be effective 8/31/2018.
    Filed Date: 7/31/18.
    Accession Number: 20180731-5032.
    Comments Due: 5 p.m. ET 8/13/18.

    Docket Numbers: RP18-1016-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Separate Fuel Negotiated Rate
Agreement to be effective 8/31/2018.
    Filed Date: 7/31/18.
    Accession Number: 20180731-5035.
    Comments Due: 5 p.m. ET 8/13/18.

    Docket Numbers: RP18-1017-000.
    Applicants: Southern Star Central Gas Pipeline, Inc.
    Description: Sec.  4(d) Rate Filing: Vol 2--Neg. and Non-Conforming
Agreement--Scout Energy Group III to be effective 8/1/2018.
    Filed Date: 7/31/18.
    Accession Number: 20180731-5067.
    Comments Due: 5 p.m. ET 8/13/18.

    Docket Numbers: RP18-1019-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Cherokee
AGL--Replacement Shippers--Aug 2018 to be effective 8/1/2018.
    Filed Date: 7/31/18.
    Accession Number: 20180731-5076.
    Comments Due: 5 p.m. ET 8/13/18.

    Docket Numbers: RP18-1020-000.
    Applicants: Wyoming Interstate Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: FL&U Update Quarterly to be
effective 9/1/2018.
    Filed Date: 7/31/18.
    Accession Number: 20180731-5078.
    Comments Due: 5 p.m. ET 8/13/18.

    Docket Numbers: RP18-1021-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates ConEd
releases eff 8-1-2018 to be effective 8/1/2018.
    Filed Date: 7/31/18.
    Accession Number: 20180731-5079.
    Comments Due: 5 p.m. ET 8/13/18.

    Docket Numbers: RP18-1022-000.
    Applicants: Northern Natural Gas Company.
    Description: Sec.  4(d) Rate Filing: 20180731 Negotiated Rate to be
effective 8/1/2018.
    Filed Date: 7/31/18.
    Accession Number: 20180731-5094.
    Comments Due: 5 p.m. ET 8/13/18.

    Docket Numbers: RP18-1023-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Agreement Update
(APS August 2018) to be effective 8/1/2018.
    Filed Date: 7/31/18.
    Accession Number: 20180731-5103.
    Comments Due: 5 p.m. ET 8/13/18.

    Docket Numbers: RP18-1024-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Woodbridge/
CPV--REV to be effective 8/1/2018.
    Filed Date: 7/31/18.
    Accession Number: 20180731-5104.

    Comments Due: 5 p.m. ET 8/13/18.

    Docket Numbers: RP18-1025-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--Plymouth Rock
eff 8-1-2018 to be effective 8/1/2018.
    Filed Date: 7/31/18.
    Accession Number: 20180731-5109.
    Comments Due: 5 p.m. ET 8/13/18.

    Docket Numbers: RP18-1026-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Non-Conforming--Leidy
Southeast_PSNC Superseding to be effective 7/27/2018.
    Filed Date: 7/31/18.
    Accession Number: 20180731-5166.
    Comments Due: 5 p.m. ET 8/13/18.

    Docket Numbers: RP18-1027-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Neg Rate 2018-7-31 10 Neg
Rates E2W to be effective 8/1/2018.
    Filed Date: 7/31/18.
    Accession Number: 20180731-5186.
    Comments Due: 5 p.m. ET 8/13/18.

    Docket Numbers: RP18-1028-000.
    Applicants: MarkWest Pioneer, L.L.C.
    Description: Sec.  4(d) Rate Filing: Nonconforming Negotiated Rate
Service Agreements to be effective 8/1/2018.
    Filed Date: 7/31/18.
    Accession Number: 20180731-5189.
    Comments Due: 5 p.m. ET 8/13/18.

    Docket Numbers: RP18-1029-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Non-Conforming Agreement
Amendment (SWG 2018) to be effective 8/1/2018.
    Filed Date: 7/31/18.
    Accession Number: 20180731-5190.
    Comments Due: 5 p.m. ET 8/13/18.

    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: August 1, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-16909 Filed 8-7-18; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 24 (Tuesday, February 5, 2013)]
[Notices]
[Pages 8211-8213]
[FR Doc No: 2013-02485]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68770; File No. SR-CBOE-2013-011]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating To Delay the Operative Date of a Rule
Change To Exchange Rule 6.3B

January 30, 2013.
    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 January 28, 2013, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to delay the operative date of a rule change
to Exchange Rule 6.3B, which provides for methodology for determining
when to halt trading in all stocks due to extraordinary market
volatility, from the date of February 4, 2013, until April 8, 2013.
    The text of the proposed rule change is available on the Exchange's
Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx),
at the Exchange's Office of the Secretary, and at the Commission [sic].

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 amend Rule 6.3B, which provides the
methodology for determining when to halt trading in all stocks due to
extraordinary market volatility,\3\ to delay the operative date of the
pilot by which such Rule operates from the current scheduled date of
February 4, 2013, until April 8, 2013, to coincide with the initial
date of operations of the Regulation NMS Plan to Address Extraordinary
Market Volatility (``LULD Plan'').\4\ As proposed, the pilot period

will begin and end at the same time [sic] the pilot period for the LULD
Plan. The current Rule 6.3B would remain in effect until April 8, 2013.
If the pilot is not either extended or approved permanently at the end
of the pilot period, the current version of Rule 6.3B would be in
effect.
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    \3\ Exchange Rule 6.3B does not currently contain any reference
to the specific levels of decline in the DJIA that would trigger a
market-wide trading halt. Instead, the rule was amended in 1997 to
provide that a market-wide halt will be triggered on the Exchange
whenever a market-wide halt is in effect on the New York Stock
Exchange LLC (``NYSE''). See Securities Exchange Act Release No.
38221 (January 31, 1997), 62 FR 5871 (February 7, 1997)(SR-CBOE-96-
78).
    \4\ The Exchange adopted the proposed changes to the market-wide
circuit breakers on a pilot basis for a period that corresponds to
the pilot period for the LULD Plan so that the impact of the two
proposals can be reviewed together. See Securities Exchange Act
Release No. 67090 (May 31, 2012), 77 FR 33531 (June 6, 2012) (SR-
CBOE-2011-087). The Exchange anticipates that the initial date of
LULD Plan operations will be changed to April 8, 2013. The proposal
would delay the operative date of the market-wide circuit breakers
pilot to April 8, 2013 in order for the implementation date for the
market-wide circuit breakers pilot would remain the same date as for
the LULD Plan.
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Current Rule 6.3B
    In its current form,\5\ the rule provides for Level 1, 2, and 3
declines and specified trading halts following such declines. The
values of Levels 1, 2 and 3 [sic] are calculated at the beginning of
each calendar quarter, using 10%, 20% and 30%, respectively, of the
average closing value of the DJIA for the month prior to the beginning
of the quarter. Each percentage calculation is rounded to the nearest
fifty points to create the Levels' trigger points. The NYSE
disseminates the new trigger levels quarterly to the media and via an
Information Memo and [sic] is available on NYSE's Web site.\6\ The
values then remain in effect until the next quarterly calculation,
notwithstanding whether the DJIA has moved and a Level 1, 2, or 3
decline is no longer equal to an actual 10%, 20%, or 30% decline in the
most recent closing value of the DJIA.
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    \5\ The rule was last amended in 1998, when declines based on
specified point drops in the DJIA were replaced with the current
methodology of using a percentage decline that is recalculated
quarterly. See Securities Exchange Act Release No. 39846 (April 9,
1998), 63 FR 18477 (April 15, 1998) (SR-NYSE-98-06, SR-Amex-98-09,
SR-BSE-98-06, SR-CHX-98-08, SR-NASD-98-27, and SR-Phlx-98-15).
    \6\ See e.g., NYSE Regulation Information Memos 11-19 (June 30,
2011) and 11-10 (March 31, 2011).
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    Once a circuit breaker is in effect, trading in all stocks halt for
the time periods specified below:
Level 1 Halt
    anytime before 2:00 p.m.--one hour;
    at or after 2:00 p.m. but before 2:30 p.m.--30 minutes;
    at or after 2:30 p.m.--trading shall continue, unless there is a
Level 2 Halt.
Level 2 Halt
    anytime before 1:00 p.m.--two hours;
    at or after 1:00 p.m. but before 2:00 p.m.--one hour;
    at or after 2:00 p.m.--trading shall halt and not resume for the
rest of the day.
Level 3 Halt
    at any time--trading shall halt and not resume for the rest of the
day.
    Unless stocks are halted for the remainder of the trading day,
price indications are disseminated during a trading halt for stocks
that comprise the DJIA.
Amended Rule 6.3B
    The Exchange amended Rule 6.3B to revise the current methodology
for determining when to halt trading in all stocks due to extraordinary
market volatility (``market-wide circuit breakers''). \7\ The Exchange,
other equities, options, and futures markets, and FINRA amended the
market-wide circuit breakers to take into consideration the
recommendations of the Joint CFTC-SEC Advisory Committee on Emerging
Regulatory Issues, and to provide for more meaningful measures in
today's markets of when to halt trading in all stocks. Accordingly, the
Exchange amended Rule 6.3B as follows: (i) replaced the DJIA with the
S&P 500; (ii) replaced the quarterly calendar recalculation of Rule
6.3B triggers with daily recalculations; (iii) replaced the 10%, 20%,
and 30% market decline percentages with 7%, 13%, and 20% market decline
percentages; (iv) modified the length of the trading halts associated
with each market decline level; and (v) modified the times when a
trading halt may be triggered. The Exchange believes that these
amendments update the rule to reflect today's high-speed, highly
electronic trading market while still meeting the original purpose of
Rule 6.3B: to ensure that market participants have an opportunity to
become aware of and respond to significant price movements.
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    \7\ See Securities Exchange Act Release No. 67090 (May 31,
2012), 77 FR 33531 (June 6, 2012) (SR-CBOE-2011-087).
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    The Exchange adopted the proposed changes to the market-wide
circuit breakers on a pilot basis for a period that corresponds to the
pilot period for the LULD Plan so that the impact of the two proposals
can be reviewed together.\8\ In addition, in order for the markets and
the single plan processors responsible for the consolidation of
information pursuant to Rule 603(b) of Regulation NMS under the
Securities Exchange Act of 1934 to make the necessary technological
changes to implement both the changes to the market-wide circuit
breakers and the proposed LULD Plan, the Exchange established that the
implementation date for the proposed rule changes should be the same
date that the LULD Plan is implemented. The Exchange anticipates that
the initial date of LULD Plan operations will be changed to April 8,
2013. For the same reasons as stated above, the Exchange proposes to
delay the operative date of the market-wide circuit breakers pilot to
April 8, 2013 in order for the implementation date for the market-wide
circuit breakers pilot would remain the same date as for the LULD Plan.
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    \8\ See id.
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\9\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \10\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitation
[sic] transactions in securities, to remove impediments to and perfect
the mechanism of a free and open market and a national market system,
and, in general, to protect investors and the public interest.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \11\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ Id.
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    In particular, this rule proposal supports the objectives of
perfecting the mechanism of a free and open market and the national
market system because it promotes uniformity across markets concerning
when and how to halt trading in all stocks as a result of extraordinary
market volatility. Additionally, delaying the operative date of the
market-wide circuit breakers pilot until the initial date of operations
of the LULD Plan would allow the pilot to begin and end at the same
time of the LULD Plan so that the Exchange and the Commission could
further assess the impact of the two pilots on the marketplace or
whether other initiatives should be adopted in lieu of the pilots,
which contributes to the protection of investors and the public
interest.

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The proposed changes are being
made to delay the operation of the market-wide circuit breakers pilot
until April 8, 2013 to allow the pilot period to begin and end at the
same time as the LULD Plan, which contributes to the protection of
investors and the public interest. Other competing equity exchanges are
subject to the same methodology for determining when to halt trading in
all stocks due to extraordinary market volatility and the same
requirements specified in the LULD Plan. Thus, the proposed changes
will not impose any burden on competition while providing that the
market-wide circuit breakers pilot period corresponds to the pilot
period for the LULD Plan so that the impact of the two proposals can be
reviewed together.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not become operative for 30 days from the date on which it was filed,
or such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Commission has waived this requirement.
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    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest. Doing so will delay the operative date of the market-
wide circuit breakers pilot until the initial date of operations of the
LULD Plan, thereby allowing the pilot to run simultaneously with the
LULD Plan, providing an opportunity to properly assess the impact of
the two pilots on the marketplace and evaluate the pilots'
effectiveness. Therefore, the Commission designates the proposal
operative upon filing.\14\
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    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \15\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \15\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2013-011 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2013-011. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2013-011 and should be
submitted on or before February 26, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-02485 Filed 2-4-13; 8:45 am]
BILLING CODE 8011-01-P


A list of attachments to emails sent to the Administrator submitted on different days for the Accidental Release Prevention Requirements: Risk Management Program Under the Clean Air Act; Safer Communities by Chemical Accident Prevention. A Proposed Rule.

Attachment 1.	TRAA Letter to Michael S. Regan EPA from Paul R. Shankman 08.10.22
Attachment 2. Bender Letter to Regan
Attachment 3.	To Honorable Michael Regan
Attachment 4.	IBT Comments on EPAs Risk Management Program RMP Regulations
Attachment 5.	NCOSH Letter to EPA on RMP 7-2022
Attachment 6.	NEA EPA RMP Revision Support 2022 003
Attachment 7	Letter to EPA from AFL-CIO


[Federal Register: April 30, 2007 (Volume 72, Number 82)]
[Rules and Regulations]
[Page 21095-21099]
[DOCID:fr30ap07-8]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 38

[Docket No. RM05-5-003; Order No. 676-B]

Standards for Business Practices and Communication Protocols for
Public Utilities

Issued April 19, 2007.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Final rule.

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SUMMARY: The Federal Energy Regulatory Commission is amending its
regulations under the Federal Power Act to incorporate by reference
revisions to the Coordinate Interchange business practice standards
(WEQ-004) adopted by the Wholesale Electric Quadrant (WEQ) of the North
American Energy Standards Board (NAESB) on June 22, 2006. These
standards identify the processes and communications necessary to
coordinate energy transfers that cross boundaries between entities
responsible for balancing load and generation.
    Incorporating these revised standards by reference into the
Commission's regulations will ensure that the Coordinate Interchange
business practice standards incorporated by reference in the
Commission's regulations are compatible with the North American
Electric Reliability Council's Interchange Scheduling and Coordination
Reliability Standards that the Commission approved as mandatory and
enforceable Reliability Standards in Order No. 693.

DATES: This Final Rule will become effective May 30, 2007. The
incorporation of the standard is approved by the Director of the
Federal Register on May 30, 2007. Implementation of the standards is
required the later of the date on which the NERC standards become
mandatory or the effective date of this rule.

FOR FURTHER INFORMATION CONTACT:

Patricia Schaub (technical issues), Office of Energy Markets and
Reliability, Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426,<PHONE_NUMBER>.
Kay Morice (technical issues), Office of Energy Markets and
Reliability, Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426,<PHONE_NUMBER>.
Gary D. Cohen (legal issues), Office of the General Counsel, Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G. Kelly,
Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff.

    1. The Federal Energy Regulatory Commission (Commission) is
amending its regulations under the Federal Power Act (FPA) \1\ to
incorporate by reference revisions to the Coordinate Interchange
business practice standards (WEQ-004) adopted by the Wholesale Electric
Quadrant (WEQ) of the North American Energy Standards Board (NAESB) on
June 22, 2006. These standards identify the processes and
communications necessary to coordinate energy transfers that cross
boundaries between entities responsible for balancing load and
generation.
---------------------------------------------------------------------------

    \1\ 16 U.S.C. 791a, et seq.
---------------------------------------------------------------------------

I. Background

    2. NAESB is a non-profit standards development organization
established in January 2002 that serves as an industry forum for the
development and promotion of business practice standards that promote
an efficient marketplace for wholesale and retail natural gas and
electricity. Since 1995, NAESB and its predecessor, the Gas Industry
Standards Board, have been accredited members of the American National
Standards Institute (ANSI), complying with ANSI's requirements that its
standards reflect a consensus of the affected industries.
    3. NAESB's standards include business practices that streamline the
transactional processes of the natural gas and electric industries, as
well as communication protocols and related standards designed to
improve the efficiency of communication within each industry. NAESB
supports all four quadrants of the gas and electric industries--
wholesale gas, wholesale electric, retail gas, and retail electric. All
participants in the gas and electric industries are eligible to join
NAESB and participate in standards development.
    4. NAESB's procedures are designed to ensure that all industry
members can have input into the development of a standard, whether or
not they are members of NAESB, and each standard NAESB adopts is
supported by a consensus of the relevant industry segments.
    5. The Coordinate Interchange business practice standards (WEQ-004)
facilitate the transfer of electric energy between entities responsible
for balancing load and generation (Balancing Authorities). The term
``Interchange'' in this context refers to energy transfers across
boundaries between Balancing Authorities. The Coordinate Interchange
business practice standards identify the processes needed to facilitate
interchange transactions, and specify the arrangements and data to be
communicated to the entity responsible for authorizing implementation
of interchange transactions (Interchange Authority).
    6. The revised Coordinate Interchange business practice standards
(WEQ-004) being adopted in this Final Rule replace the earlier version
of these standards previously incorporated by reference in the
Commission's regulations in Order No. 676.\2\ The standards that the
Commission incorporated by reference into regulations in Order No. 676
were designed to be consistent with the Version 0 reliability standards
of the North American Electric Reliability Council (NERC) dealing with
Coordinate Interchange.
---------------------------------------------------------------------------

    \2\ Standards for Business Practices and Communication Protocols
for Public Utilities, Order No. 676, 71 FR 26199 (May 4, 2006), FERC
Stats. & Regs., Regulations Preambles ] 31,216 (Apr. 25, 2006),
reh'g denied, Order No. 676-A, 116 FERC ] 61,255 (2006).
---------------------------------------------------------------------------

    7. In April, August, and November 2006, NERC filed proposed
reliability standards for Commission approval under section 215 of the
FPA, including Version 1 and Version 2 standards governing Interchange
Scheduling and Coordination (INT Reliability Standards).
    8. On June 22, 2006, the WEQ membership ratified revised Coordinate
Interchange standards to keep the WEQ's Coordinate Interchange business
practices consistent with the applicable NERC INT Reliability
Standards. On November 16, 2006, NAESB filed its revised Coordinate
Interchange standards with the Commission.
    9. On February 20, 2007, the Commission issued a notice of proposed
rulemaking to assure that the Commission's business practice standards
and reliability standards on Coordinate Interchange would continue

to be consistent.\3\ The Coordinate Interchange NOPR proposed that the
Commission incorporate by reference the revised Coordinate Interchange
business practice standards (WEQ-004) adopted by the WEQ on June 22,
2006.
---------------------------------------------------------------------------

    \3\ Standards for Business Practices and Communication Protocols
for Public Utilities, Notice of Proposed Rulemaking, 72 FR 8318
(Feb. 27, 2007), FERC Stats. & Regs. ] 32,612 (Feb. 20, 2007)
(Coordinate Interchange NOPR).
---------------------------------------------------------------------------

    10. In addition, the Coordinate Interchange NOPR noted that NAESB's
standards correspond to NERC's Version 1 INT Reliability Standards, and
invited comment on whether NERC's Version 2 INT Reliability Standards
necessitate any additional business practice standards beyond those
discussed in the NOPR.
    11. The WEQ revised its Coordinate Interchange business practice
standards for three main reasons: (1) To incorporate business practice
standards that had previously been included by NERC in its proposed
reliability standards; (2) to modify the definitions and standards to
better integrate with NERC's corresponding reliability standards; and
(3) to eliminate an appendix and update standards to reflect current
operating conditions in the Eastern and Western Interconnections, and
within the Electric Reliability Council of Texas (ERCOT).
    12. On March 16, 2007, the Commission approved NERC's INT
Reliability Standards as mandatory and enforceable reliability
standards in Order No. 693.\4\
---------------------------------------------------------------------------

    \4\ Mandatory Reliability Standards for the Bulk-Power System,
Order No. 693, Final Rule, 72 FR 16416 (April 4, 2007), FERC Stats.
& Regs. ] 31,242 at P 795 through P 887 (Mar. 16, 2007).
---------------------------------------------------------------------------

    13. On March 28, 2007, the New York Independent System Operator,
Inc. (NYISO) filed comments in response to the Coordinate Interchange
NOPR expressing its general support for NAESB's revisions to the WEQ-
004 Standard and stating that it has no objection to incorporating the
revised standards into the NYISO's Open Access Transmission Tariff
(OATT) and Market Administration and Control Area Services Tariff
(Services Tariff). NYISO requests, however, that the Final Rule not
upset any existing waivers of the WEQ-004 Standard the Commission has
already granted to entities. NYISO's comments were the only comments
filed in response to the Coordinate Interchange NOPR.

II. Discussion

    14. In this Final Rule, the Commission is amending its regulations
under the FPA to incorporate by reference revisions to the Coordinate
Interchange business practice standards (WEQ-004) adopted by the
Wholesale Electric Quadrant (WEQ) of the North American Energy
Standards Board (NAESB) on June 22, 2006.\5\ These standards update the
business practice standards used by the electric industry so that they
will dovetail with the reliability standards the Commission has
approved. Adoption of these revised business practice standards ensures
that public utilities comply with a consistent set of standards. To
ensure such coordination, public utilities will be required to comply
with these standards on the later of the date on which the NERC
standards become mandatory or the effective date of this rule. We are
pleased with the cooperation and coordination between NAESB and NERC.
We appreciate the efforts that these organizations and the industry
have made together to ensure that reliability standards and business
practice standards work harmoniously.
---------------------------------------------------------------------------

    \5\ The specific standards developed by the WEQ that we are
incorporating by reference in this Final Rule are as follows:
Coordinate Interchange (WEQ-004, June 22, 2006) including Purpose,
Applicability, and Standards 004-0 through 004-17.2, and 004-A
through 004-D.
---------------------------------------------------------------------------

    15. In its revised reliability standards, NERC deleted certain
business practice requirements with the expectation that NAESB would
include these business practices in its business practice standards.\6\
---------------------------------------------------------------------------

    \6\ The deleted NERC standards include Requirements R1.1, R3,
R4, and R5 of INT-001-0, which relate to the timing and content of
e-tags, and Requirement R1.1.3 of INT-003-0, which addresses ramp
starting time and duration. See Mandatory Reliability Standards for
the Bulk Power System, Notice of Proposed Rulemaking, 71 FR 64,770
(Nov. 3, 2006), FERC Stats. & Regs. ] 32,608 at 32,913 & note 3
(2006).
---------------------------------------------------------------------------

    16. The revised Coordinate Interchange business practice standards
the WEQ adopted to replace the deleted NERC standards include:
     WEQ Standards 004-1 and 004-3.1 replace NERC INT-001-0
Requirement R1.1. The revised WEQ standards address how requests for
Interchange should be made and who is responsible for submitting such
requests.
     WEQ Standards 004-3, 004-5, 004-8.1, and 004-8.2 replace
NERC's INT-001-0 Requirement R3. These standards establish the timing
requirements for submitting requests for Interchange. The WEQ's timing
table (Appendix D referenced in WEQ Standard 004-8.1) has been revised
to better match up with the timing table in NERC's INT-005-1.
     WEQ Standard 004-5 replaces NERC's INT-001-0 Requirement
R4. This standard addresses the data that should be included in a
request for Interchange and who is responsible for ensuring that these
data are included in the request for Interchange.
     WEQ Standard 004-12 replaces NERC's INT-001-0 Requirement
R5. This standard requires that parties involved in an Interchange must
have personnel and facilities on site and immediately available to
receive notification of changes to the Interchange.
     WEQ Standards 004-17, 004-17.1, and 004-17.2 replace
NERC's INT-003-0 Requirement R1.1.3. These standards establish the
default ramp rates that apply to an Interchange unless otherwise agreed
to by the parties involved.
    17. The WEQ also modified the Coordinate Interchange definitions
and business practice standards to better coordinate with NERC's INT
Reliability Standards. This follows the Commission's directive in Order
No. 676 that, ``[i]n future versions of the standards, NAESB should use
the NERC definitions relating to reliability.'' \7\ The modifications
include:
---------------------------------------------------------------------------

    \7\ Order No. 676 at P 40.
---------------------------------------------------------------------------

     New and revised definitions, such as changing
``Reliability Authority'' to ``Reliability Coordinator''.
     Changes to definitions resulting from WEQ's efforts to
match the language used in NERC's ``Glossary of Terms Used in
Reliability Standards'' (Glossary) where appropriate. For example, the
WEQ added a definition for ``Arranged Interchange'' using the same
language as NERC.
     Changes to definitions, such as the ``Request for
Interchange'' definition, where the words are not identical, but are
compatible with NERC's, facilitating coordination with the NERC INT
Reliability Standards but reflecting the different responsibilities of
the two organizations.
     Changes to definitions, where NERC does not have a
corresponding definition in its Glossary, but the WEQ modified its
definitions, such as the ``Approval Entity'' definition, to reflect the
definition changes previously discussed.
     Changes to delete definitions no longer needed in the
Coordinate Interchange business practice standards or that had been
replaced by other definitions. Deleted definitions include: ``Checkout
Process''; ``Interchange Transaction''; ``Interchange Transaction
Tag''; ``Interconnection''; ``Market Operator''; ``Scheduling Agent'';
and ``Transmission Service Provider''.
     Changes to the Coordinate Interchange business practice
standards made to better coordinate with NERC's

INT Reliability Standards. The standards were modified to: (1)
incorporate the revised definitions; (2) provide greater detail, as in
WEQ Standard 004-3; (3) add new standards to clarify and better
coordinate with NERC, such as in WEQ Standard 004-2.2; and (4) delete
standards that are no longer appropriate, such as WEQ Standard 004-1.2.
    18. The Coordinate Interchange business practices standards were
also modified to reflect the current business practices of the Eastern
and Western Interconnections and ERCOT. Language previously included in
Appendix A was moved to Coordinate Interchange business practice
standards 004-3, 004-3.1, and 004-8.2.
    19. NYISO requests that the Commission not overturn any existing
waivers of the WEQ-004 Standard that the Commission previously granted
to entities. NYISO states that, in an order issued on November 16,
2006, the Commission granted it waivers of certain NAESB business
practice standards, including certain portions of the WEQ-004
Standard.\8\ NYISO points to the waiver it received of WEQ-004-8.1 and
Appendices A, B and D, to the extent these components of the WEQ-004
Standard govern physical transmission capacity reservations. In
requesting that waiver, the NYISO explained that such standards would
not be applicable in the locational-based marginal price (LBMP) market
it operates. NYISO also maintains that entities should not have to
reapply for waivers they have already obtained.
---------------------------------------------------------------------------

    \8\ New York Independent System Operator, Inc., 117 FERC ]
61,197 (2006).
---------------------------------------------------------------------------

    20. As we stated in Order No. 676, when parties seek regional or
generic variations of the standards, they should raise their concerns
in the WEQ standard development process:
    Now that the WEQ is developing these standards, we prefer that
initially all regional and other generic requests for variances,
such as to accommodate different business models, be raised during
the WEQ standards development process, and we encourage
participation by all interested persons in that process. * * * By
first submitting the request to the WEQ during development of the
standard, the request may be resolved during the WEQ process. Even
if the request is not resolved by the WEQ, the process will help
create a record should the requester seek a variance or waiver when
the standard is presented to the Commission.\9\
---------------------------------------------------------------------------

    \9\ Order No. 676 at P 78.

    21. We are very pleased that since the issuance of Order No. 676,
parties have sought to raise their regional differences at NAESB, and
this effort has resulted in consideration of these issues in the
revised Coordinate Interchange Standards that we are adopting in this
Final Rule.\10\ For example, the WEQ-004 Coordinate Interchange
standards have been significantly revised, incorporating regional
business practices for the Eastern, Western and ERCOT regions. NAESB
also has voted to add a voting segment for ISOs/RTOs so these
organizations can have any variance or other issues related to their
business model addressed through the NAESB process. Having the industry
determine such variances is preferable to having these issues raised in
individual waiver requests with the Commission.
---------------------------------------------------------------------------

    \10\ See, supra, discussion in P 18.
---------------------------------------------------------------------------

    22. Because the Coordinate Interchange standards for which parties
have previously been granted waivers have been revised as discussed
above, we find that it will be necessary for all entities who have
received waiver of any of the Coordinate Interchange standards to file
to request a waiver of the revised standard. While we recognize the
burden of having parties reapply for waivers, we cannot rule on
individual waiver requests in a generic rulemaking proceeding and
cannot determine without a specific waiver request whether any of the
changes made by NAESB to the coordinate interchange standards have
resolved any of the issues that gave rise to our grant of a waiver of
the prior standard. As we stated in Order No. 676, utilities will not
be required to comply with any standard for which they request waiver
until we act on the waiver request.\11\ However, small entities that
have obtained waiver of the Order No. 676 standards because they meet
the criteria for small public utility waivers provided in Order No. 676
need not apply for a waiver of the revised Coordinate Interchange
standards, because their waivers were predicated on their status as
small entities, which has not changed.\12\
---------------------------------------------------------------------------

    \11\ Order No. 676 at P 102.
    \12\ Order No. 676 at P 85-87.
---------------------------------------------------------------------------

    23. Parties seeking waivers of the requirements of this Order must
file a request on or before the implementation date for this rule,
specifying the exact provisions of the standards for which the waiver
is sought, and including a full statement of the reasons the applicant
believes such a waiver would be appropriate. The request should cover
only the Coordinate Interchange business practice standards; waivers of
other business practice standards remain unaffected by this Order.

III. Implementation Dates and Procedures

    24. Utilities are required to implement the Coordinate Interchange
standards that we are incorporating by reference in this Final Rule by
the later of the date when the Reliability Standards that the
Commission approved in Order No. 693 become mandatory or the effective
date of this rule.
    25. To reduce the burden on filers, as we did in Order No. 676,
although public utilities must fully comply with the requirements of
this Final Rule as soon as it becomes effective, we are not requiring
public utilities immediately to file revised open access transmission
tariffs (OATTs) incorporating these changes. When NAESB files the next
version of the WEQ's electric standards, if the Commission decides to
incorporate the new version of the WEQ's electric standards in its
regulations, public utilities will at that time be required to file
revised OATTs including these standards.

IV. Notice of Use of Voluntary Consensus Standards

    26. Office of Management and Budget (OMB) Circular A-119 (section
11) (February 10, 1998) provides that when a federal agency issues or
revises a regulation containing a standard, the agency should publish a
statement in the Final Rule stating whether the adopted standard is a
voluntary consensus standard or a government-unique standard. In this
rulemaking, the Commission is incorporating by reference voluntary
consensus standards developed by the WEQ.

V. Information Collection Statement

    27. OMB's regulations in 5 CFR 1320.11 (2005) require that it
approve certain reporting and recordkeeping requirements (collections
of information) imposed by an agency. Upon approval of a collection of
information, OMB assigns an OMB control number and an expiration date.
Respondents subject to the filing requirements of this Final Rule will
not be penalized for failing to respond to this collection of
information unless the collection of information displays a valid OMB
control number.
    28. This Final Rule will affect will affect the following existing
data collection: Standards for Business Practices and Communication
Protocols for Public Utilities (FERC-717)
    29. The following burden estimate is based on the projected costs
for the industry to implement revisions to the WEQ's Coordinate
Interchange standards (WEQ-004). The following

burden estimates cover compliance with this rule:

----------------------------------------------------------------------------------------------------------------
                                                                     Number of
                 Data collection                     Number of     responses per     Hours per     Total number
                                                    respondents     respondent       response        of hours
----------------------------------------------------------------------------------------------------------------
FERC-717........................................             220               1               8            1760
                                                 ---------------------------------------------------------------
    Totals......................................  ..............  ..............  ..............            1760
----------------------------------------------------------------------------------------------------------------

    Total Annual Hours for Collection (Reporting and Recordkeeping, (if
appropriate)) = 1760.
    Information Collection Costs: The Commission projects the average
annualized cost for all respondents to be the following:\13\
---------------------------------------------------------------------------

    \13\ The total annualized costs for the information collection
is $264,000. This number is reached by multiplying the total hours
to prepare responses (1760 hours) by an hourly wage estimate of $150
(a composite estimate that includes legal, technical and support
staff rates, $90+$35+$25). $264,000 = $150 x 1760.

------------------------------------------------------------------------
                                                               FERC-717
------------------------------------------------------------------------
Annualized Capital/Startup Costs...........................     $264,000
Annualized Costs (Operations & Maintenance)................          N/A
                                                            ------------
    Total Annualized Costs.................................      264,000
------------------------------------------------------------------------

    30. The Commission sought comments on the burden of complying with
the requirements imposed by these requirements. No comments addressed
the reporting burden were filed.
    31. The Commission's regulations adopted in this rule are necessary
to establish a more efficient and integrated wholesale electric power
grid. Requiring such information ensures both a common means of
communication and common business practices that provide entities
engaged in the wholesale transmission of electric power with timely
information and uniform business procedures across multiple
transmission providers. These requirements conform to the Commission's
goal for efficient information collection, communication, and
management within the electric power industry. The Commission has
assured itself, by means of its internal review, that there is
specific, objective support for the burden estimates associated with
the information requirements.
    32. OMB regulations \14\ require it to approve certain information
collection requirements imposed by agency rule. The Commission is
submitting notification of this Final Rule to OMB. These information
collections are mandatory requirements.
---------------------------------------------------------------------------

    \14\ 5 CFR 1320.11.
---------------------------------------------------------------------------

    Title: Standards for Business Practices and Communication Protocols
for Public Utilities (FERC-717) (formerly Open Access Same Time
Information System).
    Action: Proposed collection.
    OMB Control No.: 1902-0173.
    Respondents: Business or other for profit, (Public Utilities--Not
applicable to small businesses.).
    Frequency of Responses: One-time implementation (business
procedures, capital/start-up).
    Necessity of the Information: This rule will upgrade the
Commission's business practice and communication protocols (methods by
which computers coordinate their communications) governing Coordinate
Interchange transactions to complement the NERC INT Reliability
Standards approved by the Commission in Order No. 693. The
implementation of these standards and regulations is necessary to
increase the efficiency of the wholesale electric power grid. The
standards being adopted define procedures for market participants to
request the implementation of Interchange Transactions or agreements to
transfer energy from a seller to a buyer that crosses one or more
Balancing Authority boundaries.
    33. The information collection requirements of this Final Rule are
based on the transition from transactions being made under the
Commission's existing business practice standards governing Coordinate
Interchange transactions to conducting such transactions under the
revised Coordinate Interchange standards (WEQ-004) adopted in this
rule. The implementation of these data requirements will help the
Commission carry out its responsibilities under the FPA. The Commission
will use the data in rate proceedings to review rate and tariff changes
by public utilities, for general industry oversight, and to supplement
the documentation used during the Commission's audit process.
    34. Interested persons may obtain information on the reporting
requirements by contacting: Federal Energy Regulatory Commission, Attn:
Michael Miller, Office of the Executive Director, 888 First Street,
NE., Washington, DC 20426, Tel:<PHONE_NUMBER> / Fax:<PHONE_NUMBER>,
E-mail<EMAIL_ADDRESS>
or by contacting: Office of Information and Regulatory Affairs, Office
of Management and Budget, Washington, DC 20503, Attention: Desk Officer
for the Federal Energy Regulatory Commission. (Re: OMB Control Nos.
1902-0096 & 1902-0173) , Tel:<PHONE_NUMBER>, E-mail:
<EMAIL_ADDRESS>

VI. Environmental Analysis

    35. 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.\15\ As the
Commission stated in the Interchange NOPR, the Commission has
categorically excluded certain actions from this requirement as not
having a significant effect on the human environment. Included in this
categorical exclusion are rules that are clarifying, corrective, or
procedural, or that do not substantially change the effect of the
regulations being amended.\16\ The categorical exclusion also includes
information gathering, analysis, and dissemination.\17\ The
requirements imposed by this Final Rule fall within categorical
exclusions in the Commission's regulations for rules that are
clarifying, corrective, or procedural, for information gathering,
analysis, and dissemination, and for sales, exchange, and
transportation of electric power that requires no construction of
facilities.\18\ As a result, neither an environmental impact statement
nor an environmental assessment is required.
---------------------------------------------------------------------------

    \15\ Regulations Implementing the National Environmental Policy
Act, Order No. 486, 52 FR 47897, FERC Stats. & Regs., Regulations
Preambles 1986-1990 ] 30,783 (1987).
    \16\ 18 CFR 380.4(a)(2)(ii).
    \17\ 18 CFR 380.4(a)(5).
    \18\ See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), 380.4(a)(27).

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

VII. Regulatory Flexibility Act Certification

    36. The Regulatory Flexibility Act of 1980 (RFA) \19\ generally
requires a description and analysis of any final rule that will have
significant economic impact on a substantial number of small entities.
The rule adopted here imposes requirements only on public utilities,
which are not small businesses, and these requirements are, in fact,
designed to benefit all customers, including small businesses.
---------------------------------------------------------------------------

    \19\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------

    37. The Commission has followed the provisions of both the RFA and
the Paperwork Reduction Act on potential impact on small businesses and
other small entities. Specifically, the RFA directs agencies to
consider four regulatory alternatives to be considered in a rulemaking
to lessen the impact on small entities: tiering or establishment of
different compliance or reporting requirements for small entities,
classification, consolidation, clarification or simplification of
compliance and reporting requirements, performance rather than design
standards, and exemptions. As the Commission originally stated in Order
No. 889, the OASIS regulations now known as ``Standards for Business
Practices and Communication Protocols for Public Utilities'' apply only
to public utilities that own, operate, or control transmission
facilities subject to the Commission's jurisdiction, and should a small
entity be subject to the Commission's jurisdiction, it may file for
waiver of these regulations.\20\ The Commission is not modifying its
prior determinations on this issue in this Final Rule.
---------------------------------------------------------------------------

    \20\ Small entities that qualified for a waiver from the
requirements of Order Nos. 888 and 889 may apply for a waiver of the
requirement to comply with the standards incorporated by reference
in the regulations we are adopting in this Final Rule.
---------------------------------------------------------------------------

    38. The procedures the Commission is following in this Final Rule
are in keeping with exemption provisions of the RFA. Accordingly,
pursuant to section 605(b) of the RFA,\21\ the Commission hereby
certifies that the regulations proposed herein will not have a
significant adverse impact on a substantial number of small entities.
---------------------------------------------------------------------------

    \21\ 5 U.S.C. 605(b).
---------------------------------------------------------------------------

VIII. Document Availability

    39. 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.
    40. From the Commission's Home Page on the Internet, this
information is available in the eLibrary. The full text of this
document is available in the eLibrary both in PDF and Microsoft Word
format for viewing, printing, and/or downloading. To access this
document in eLibrary, type ``RM05-5'' in the docket number field.
    41. User assistance is available for eLibrary and the Commission's
Web site during the Commission's normal business hours. For assistance
contact the Commission's Online Support services at
<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>, or for TTY,

contact<PHONE_NUMBER>.

IX. Effective Date and Congressional Notification

    42. This Final Rule will become effective May 30, 2007. The
Commission has determined with the concurrence of the Administrator of
the Office of Information and Regulatory Affairs, Office of Management
and Budget, that this rule is not a major rule within the meaning of
section 251 of the Small Business Regulatory Enforcement Fairness Act
of 1996.\22\
---------------------------------------------------------------------------

    \22\ See 5 U.S.C. 804(2).
---------------------------------------------------------------------------

List of Subjects

18 CFR Part 38

    Conflict of interests, Electric power plants, Electric utilities,
Incorporation by reference, Reporting and recordkeeping requirements.

    By the Commission.
Philis J. Posey,
Deputy Secretary.

0
In consideration of the foregoing, the Commission amends Chapter I,
Title 18, part 38 of the Code of Federal Regulations, as follows:

PART 38--BUSINESS PRACTICE STANDARDS AND COMMUNICATION PROTOCOLS
FOR PUBLIC UTILITIES

0
1. The authority citation for part 38 continues to read as follows:

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

0
2. In Sec.  38.2, paragraph (a)(4) is revised to read as follows:

Sec.  38.2  Incorporation by reference of North American Energy
Standards Board Wholesale Electric Quadrant standards.

    (a) * * *
    (4) Coordinate Interchange (WEQ-004, June 22, 2006);
* * * * *
 [FR Doc. E7-7892 Filed 4-27-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 172 (Thursday, September 5, 2013)]
[Notices]
[Pages 54694-54696]
[FR Doc No: 2013-21536]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70288; File No. SR-FINRA-2013-038]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Extend a TRACE Pilot Program in FINRA Rule
6730(e)(4)

August 29, 2013.
    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 August 26, 2013, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by FINRA. FINRA has designated
the proposed rule change as constituting a ``non-controversial'' rule
change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which
renders the proposal effective upon receipt of this filing by the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    FINRA is proposing to extend the pilot program in FINRA Rule
6730(e)(4) to October 23, 2015. The pilot program exempts from
reporting to the Trade Reporting and Compliance Engine (``TRACE'')
transactions in TRACE-Eligible Securities that are executed on a
facility of the New York Stock Exchange (``NYSE'') in accordance with
NYSE Rules 1400, 1401 and 86 and reported to NYSE in accordance with
NYSE's applicable trade reporting rules and disseminated publicly by
NYSE.
    Below is the text of the proposed rule change. Proposed new
language is in italics; proposed deletions are in brackets.
* * * * *

6700. TRADE REPORTING AND COMPLIANCE ENGINE (TRACE)

* * * * *

6730. Transaction Reporting

    (a) through (d) No Change.
    (e) Reporting Requirements for Certain Transactions and Transfers
of Securities
    The following shall not be reported:
    (1) through (3) No Change.
    (4) Provided that a data sharing agreement between FINRA and NYSE
related to transactions covered by this Rule remains in effect, for a
pilot program expiring on [October 25, 2013] October 23, 2015,
transactions in TRACE-Eligible Securities that are executed on a
facility of NYSE in accordance with NYSE Rules 1400, 1401 and 86 and
reported to NYSE in accordance with NYSE's applicable trade reporting
rules and disseminated publicly by NYSE.
    (5) through (6) No Change.
    (f) No Change.

   Supplementary Material:

    .01 No Change.
* * * * *

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

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

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

1. Purpose
    The pilot program set forth in FINRA Rule 6730(e)(4) exempts from
reporting to TRACE those transactions in TRACE-Eligible Securities that
are executed on a facility of NYSE in accordance with NYSE Rules 1400,
1401 and 86 and reported to NYSE in accordance with NYSE's applicable
trade reporting rules and disseminated publicly by NYSE, provided that
a data sharing agreement between FINRA and NYSE related to transactions
covered by the Rule remains in effect.\4\ The pilot program is
currently scheduled to expire on October 25, 2013.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 54768 (November 16,
2006), 71 FR 67673 (November 22, 2006) (Order Approving Proposed
Rule Change; File No. SR-NASD-2006-110) (pilot program in FINRA Rule
6730(e)(4), subject to the execution of a data sharing agreement
addressing relevant transactions, became effective on January 9,
2007); Securities Exchange Act Release No. 59216 (January 8, 2009),
74 FR 2147 (January 14, 2009) (Notice of Filing and Immediate
Effectiveness of Proposed Rule Change; File No. SR-FINRA-2008-065)
(pilot program extended to January 7, 2011); Securities Exchange Act
Release No. 63673 (January 7, 2011), 76 FR 2739 (January 14, 2011)
(Notice of Filing and Immediate Effectiveness of Proposed Rule
Change; File No. SR-FINRA-2011-002) (pilot program extended to July
8, 2011); Securities Exchange Act Release No. 64665 (June 14, 2011),
76 FR 35933 (June 20, 2011) (Notice of Filing and Immediate
Effectiveness of Proposed Rule Change; File No. SR-FINRA-2011-025)
(pilot program extended to January 27, 2012); Securities Exchange
Act Release No. 66018 (December 21, 2011), 76 FR 81549 (December 28,
2011) (Notice of Filing and Immediate Effectiveness of Proposed Rule
Change; File No. SR-FINRA-2011-072) (pilot program extended to
October 26, 2012); and Securities Exchange Act Release No. 68076
(October 22, 2012), 77 FR 65431 (October 26, 2012) (Notice of Filing
and Immediate Effectiveness of Proposed Rule Change; File No. SR-
FINRA-2012-047) (pilot program extended to October 25, 2013).
---------------------------------------------------------------------------

    FINRA is proposing to extend the pilot program until October 23,
2015 to continue to exempt transactions in TRACE-Eligible Securities on
an NYSE facility (and as to which all the other conditions of the
exemption are met) from the TRACE reporting requirements. The extension
will provide additional time to analyze the impact of the exemption.
Without the extension, members would be subject to both FINRA's and
NYSE's trade reporting requirements with respect to these securities.
The proposed change thus serves to eliminate duplicative reporting
requirements for these securities and the resulting compliance costs
and burdens.
    The proposed rule change would not expand or otherwise change the
pilot. FINRA notes that the success of the pilot program remains
dependent on FINRA's ability to continue to effectively conduct
surveillance on corporate debt trading in the over-the-counter market.
In this regard, the parties continue to share data related to the
transactions covered by FINRA Rule 6730(e)(4) as required by the Rule.
However, FINRA supports a regulatory construct that, in the future,
consolidates all last sale transaction information to provide better
price transparency and a more efficient means to engage in market
surveillance of TRACE-Eligible Securities transactions. The proposed
extension would allow the pilot program to continue to operate without
interruption while FINRA and NYSE continue to assess the effect of the
exemption and issues regarding the consolidation of market data, market
surveillance and price transparency.
    FINRA has filed the proposed rule change for immediate
effectiveness. The implementation date will be October 25, 2013.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\5\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the extension of the exemptive
provision protects investors and the public because transactions will
be reported, transparency will be maintained for these transactions,
and NYSE's agreement to share data with FINRA allows FINRA to continue
to conduct surveillance in the corporate debt securities market. In
addition, extending the exemptive provision permits members that are
subject to both FINRA's and NYSE's trade reporting requirements to
avoid a duplicative regulatory structure and the increased costs that
may be incurred as a result of duplicative requirements.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. FINRA believes that the
extension of the exemptive provision does not result in any burden on
competition since it allows members that are subject to both FINRA's
and NYSE's trade reporting requirements to avoid a duplicative
regulatory structure and the increased costs that may be incurred as a
result of duplicative requirements.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time

as the Commission may designate, it has become effective pursuant to
Section 19(b)(3)(A) of the Act \6\ and Rule 19b-4(f)(6) thereunder.\7\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
FINRA has satisfied this requirement.
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2013-038 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2013-038. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of FINRA. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-FINRA-2013-038 and should be
submitted on or before September 26, 2013.
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-21536 Filed 9-4-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 219 (Tuesday, November 13, 2018)]
[Notices]
[Pages 56321-56322]
[FR Doc No: 2018-24652]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2014-0033; FRL-9985-27-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NSPS for Petroleum Refineries (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NSPS for Petroleum Refineries
(EPA ICR No. 1054.13, OMB Control No. 2060-0022), to the Office of
Management and Budget (OMB) for review and approval in accordance with
the Paperwork Reduction Act. This is a proposed extension of the ICR,
which is currently approved through November 30, 2018. Public comments
were previously requested, via the Federal Register, on June 29, 2017
during a 60-day comment period. This notice allows for an additional 30
days for public comments. A fuller description of the ICR is given
below, including its estimated burden and cost to the public. An agency
may neither conduct nor sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.

DATES: Additional comments may be submitted on or before December 13,
2018.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2014-0033, to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to [email protected], or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email
to [email protected]. Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change, including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; email address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The New Source Performance Standards (NSPS) for Petroleum
Refineries were proposed on June 11, 1973, promulgated on March 8,
1974, and amended on both September 12, 2012 and December 1, 2015. The
2015 amendment finalized technical clarifications to improve
consistency and clarity and to address issues related to a 2008
industry petition for reconsideration. The 2012 amendment allowed the
option for affected sources to comply with Subpart J by following the
applicable provisions in the NSPS Subpart Ja rule. The affected sources
are: (1) Fluid catalytic cracking unit (FCCU) catalyst regenerator or
fuel gas combustion device (FGCD) other than a flare that commenced
construction, reconstruction or modification after June 11, 1973 and
on/or before May 14, 2007; (2) FGCD that is also a flare that commenced
construction, reconstruction or modification after June 11, 1973 and
on/or before June 24, 2008; or (3) any Claus sulfur recovery plant with
a design capacity of more than 20 long tons per day sulfur feed which
commenced construction, reconstruction or modification after October 4,
1976 and on/or before May 14, 2007.
    In general, all NSPS standards require initial notifications,
performance tests, and periodic reports by the owners/operators of the
affected facilities. They are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. These notifications, reports, and
records are essential in determining compliance with 40 CFR part 60,
subpart J.
    Form Numbers: None.
    Respondents/affected entities: Petroleum refineries.
    Respondent's obligation to respond: Mandatory (40 CFR part 60,
subpart J).
    Estimated number of respondents: 149 (total).
    Frequency of response: Initially, occasionally, and semiannually.
    Total estimated burden: 15,800 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $2,500,000 (per year), which includes
$826,000 annualized capital/startup and/or operation & maintenance
(O&M) costs.
    Changes in the Estimates: There is an increase in labor hours from
the most-recently approved ICR due to an adjustment. The total hours
include an hour allowance to allow each source to familiarize
themselves with the

requirements each year. Finally, there is slight increase in the O&M
costs, as costs were adjusted from $2,005.00 to $2,016.00 using the
Chemical Engineering Index.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2018-24652 Filed 11-9-18; 8:45 am]
BILLING CODE 6560-50-P