[Federal Register: October 5, 2010 (Volume 75, Number 192)]
[Notices]
[Page 61456-61457]
[DOCID:fr05oc10-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1390-063]

Southern California Edison Company; Notice of Application for
Amendment of License, and Soliciting Comments, Motions To Intervene,
and Protests

September 28, 2010.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Non-Capacity Amendment of License.
    b. Project No.: 1390-063.
    c. Date Filed: August 18, 2010.
    d. Applicant: Southern California Edison (SCE) Company.
    e. Name of Project: Lundy Project.
    f. Location: The project is located on Mill Creek in Mono County,
California.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mrs. Kelly O'Donnell, SCE Law Department,
2244 Walnut Grove Ave., P.O. Box 800, Rosemead, CA 91770, (626) 302-
4411<EMAIL_ADDRESS>    i. FERC Contact: Any questions regarding this notice should be
directed to Mr. Jeremy Jessup<PHONE_NUMBER> or<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene and protest:
October 28, 2010. All documents may be filed electronically via the
Internet. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site at http://www.ferc.gov/docs-filing/efiling.asp.
If unable to be filed electronically, documents may be paper-filed. To
paper-file, an original and seven copies should be mailed to:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments.

    Please include the project number (P-1390-063) on any comments,
motions, or recommendations filed.
    k. Description of Request: The applicant proposes a new concrete
head works at the tailrace of the Lundy Powerhouse. The applicant also
proposes to install a high-density polyethylene pipeline, with a
capacity of 52 cubic feet per second, within the existing earthen
return ditch extending from the Lundy Powerhouse tailrace (near Wilson
Creek) back to Mill Creek. The purpose of the applicant's proposal is
to provide the means for the applicant to return a portion of the water
that has been diverted from Lundy Lake through the Lundy Powerhouse
back to Mill Creek below Lundy Lake. The applicant is also requesting a
new Article 411-A that requires a plan for engineering, permitting,
construction, and operation of the proposed modified powerhouse
tailrace diversion structure and Mill Creek return water conveyance
facility.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov/docs-filing/
efiling.asp. Enter the docket number excluding the last three digits in
the docket number field to access the document. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene or protests should relate
to project works which are the subject of the license amendment.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application. If an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-24953 Filed 10-4-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Rules and Regulations]
[Pages 50257-50259]
[FR Doc No: 2022-17579]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0290; FRL-10115-02-R3]

Air Plan Partial Disapproval; Commonwealth of Pennsylvania;
Reasonably Available Control Technology Regulations for the 1997 and
2008 Ozone National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to disapprove a specific part of a state implementation plan
(SIP) revision that was previously approved by EPA. On May 19, 2019,
EPA fully approved certain parts of a SIP revision submitted by the
Commonwealth of Pennsylvania to address reasonably available control
technology (RACT) for the 1997 and 2008 ozone national ambient air
quality standards (NAAQS), and conditionally approved other parts of
that submission. The U.S. Court of Appeals for the Third Circuit
vacated EPA's approval of a portion of the SIP revision, as discussed
below. EPA is now disapproving the portion of the SIP submission
addressed by the court's decision. This action is being taken under the
Clean Air Act (CAA).

DATES: This final rule is effective on September 15, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2017-0290. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (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 through
https://www.regulations.gov, or please contact the person identified in
the For Further Information Contact section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Sean Silverman, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F. Kennedy
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is
(215) 814-5511. Mr. Silverman can also be reached via electronic mail
at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On May 9, 2019, EPA published a final action fully approving
certain provisions of Pennsylvania's May 16, 2016 SIP revision
submission to implement RACT for both the 1997 and 2008 ozone NAAQS
(hereafter the ``RACT II rule''), and conditionally approving other
provisions of the SIP revision. 84 FR 20274 (May 9, 2019).
Specifically, EPA's action fully approved ``25 Pa. Code [Pennsylvania
Code] sections 121.1, 129.96, 129.97, and 129.100 as meeting certain
aspects of major stationary source RACT in CAA section 172, 182, and
184 for the 1997 and 2008 ozone NAAQS submitted May 16, 2016'' and
conditionally approved ``25 Pa. Code sections 129.98 and 129.99 based
on the commitment provided by Pennsylvania to submit additional SIP
revisions to address the deficiencies identified by EPA in the May 16,
2016 SIP revision.'' Id. at 20290. The May 16, 2016 SIP submittal was
intended to satisfy CAA sections 182(b)(2)(C), 182(f), and 184 for the
1997 and 2008 8-hour ozone NAAQS for all major sources of nitrogen
oxides (NOX) and volatile organic compounds (VOCs) in
Pennsylvania not subject to control techniques guidelines (CTG), with a
few exceptions not relevant to this action.
    The Sierra Club filed a petition for review with the U.S. Third
Circuit Court of Appeals. The petition challenged EPA's approval of the
portion of the RACT II rule applicable to coal-fired electricity
generating units (EGUs) equipped with selective catalytic reduction
(SCR) for control of NOX. For these EGUs, the petition
challenged EPA's approval of the presumptive RACT NOX limit
of 0.12 pounds of NOX per Million British Thermal Units
(MMBtu) of heat input (lbs/MMBtu) when the inlet temperature to the SCR
was 600 degrees Fahrenheit or above, the less stringent NOX
limits of 25 Pa. Code 129.97(g)(1)(vii) when the SCR inlet temperature
is below 600 degrees Fahrenheit, and the failure of the rule to
specifically require EGUs to keep inlet temperature data and report it
to the Pennsylvania Department of Environmental Protection (PADEP).
    In Sierra Club v. U.S. EPA, No. 19-2562 (3rd Cir. 2020), on August
27, 2020, the Third Circuit ruled in favor of the Sierra Club and
vacated the Agency's approval of the SIP submission on all three
challenged portions of Pennsylvania's plan. On September 15, 2021, EPA
proposed to disapprove the specific SIP provisions for which the court
had vacated EPA's prior approval. See 86 FR 51315.

II. Summary of SIP Revisions Being Disapproved

    The purpose of this action is to partially disapprove those
portions of Pennsylvania's RACT II SIP for which the Third Circuit
vacated EPA's approval. The specific section of Pennsylvania's
regulation in the SIP that is at issue here is 25 Pa. Code
129.97(g)(1)(viii), which set a ``presumptive'' RACT limit for coal-
fired combustion units equipped with SCR at 0.12 lbs NOX/
MMBtu. The court held that the selected limit was arbitrary and
capricious, in light of evidence submitted which demonstrated that EGUs
covered by 25 Pa. Code 129.97(g)(1)(viii) had achieved much lower
emission rates in the past and that other states had adopted lower RACT
NOX limits for similar coal fired sources. Sierra Club at
299-303. The court also held that the 600-degree Fahrenheit
``exemption'' to the 0.12 lbs NOX/MMBtu was arbitrary and
capricious as the record failed to support why the exemption was needed
or why the threshold was set at 600 degrees. Id. at 303-307. Thus, the
court vacated EPA's approval of these two provisions, both of which are
only found in 25 Pa. Code 129.97(g)(1)(viii). See Id. at 309.
    The court also took issue with the recordkeeping and reporting
requirements of 25 Pa. Code 129.100(d), stating ``[b]ecause the SIP's
600-degree threshold necessarily depends upon accurate temperature
reporting, the EPA's approval of such inadequate requirements on this
record was arbitrary and capricious.'' Id. at 309. The court agreed
with the Sierra Club that language in 25 Pa. Code 129.97(g)(1)(viii)
was too vague to be enforceable and would not ensure that subject
sources keep specific SCR temperature inlet data, report that data to
PADEP, and make it available to the public. Further, the court
explained that ``[t]he combination of this lack of mandatory reporting
and the temperature waiver created a potent loophole for polluters to
walk through.''

Id. at 297. For these reasons, EPA now finds that the previously
approved recordkeeping and reporting provisions are inadequate in this
specific context. Other specifics and the rationale for EPA's proposed
action are explained in the notice of proposed rulemaking (NPRM) and
will not be restated here.

III. EPA's Response to Comments Received

    EPA only received comments on this proposed disapproval from the
Sierra Club. Sierra Club's comments were supportive of EPA's proposal
to disapprove those elements of PA's RACT II SIP for which EPA's prior
approval was vacated and remanded to EPA by the U.S. Third Circuit
Court of Appeals. Many, if not most, of the Sierra Club's comments
focus on providing support for a lower RACT emission limit at these
sources in any future SIP submitted by Pennsylvania or FIP issued by
EPA. Therefore the comments are outside the scope of this rule, which
merely disapproves those portions of Pennsylvania's NOX RACT
SIP setting limits for five EGUs equipped with SCR.

IV. Final Action

    Consistent with the Third Circuit's decision, and based on the
reasoning contained therein, EPA is finalizing a disapproval under CAA
section 110(k)(3) for certain provisions of the Pennsylvania RACT II
rule for which EPA's prior approval was vacated and remanded to EPA by
the court. EPA's partial disapproval of this previously-approved SIP
revision is limited to the regulatory provision related to presumptive
RACT requirements for coal-fired combustion units at EGUs equipped with
SCR, specifically 25 Pa. Code 129.97(g)(1)(viii). Because we are now
disapproving 25 Pa. Code 129.97(g)(1)(viii), and the 600-degree
temperature threshold and 0.12 lbs NOX/MMBtu limit are
contained entirely within this section, no additional Federal
regulatory revisions are necessary to address the court's holding that
EPA's approval of the record-keeping requirement was arbitrary and
capricious.
    Section 110(c)(1) of the CAA requires the Administrator to
promulgate a FIP at any time within two years after the Administrator
finds that a state has failed to make a required SIP submission, finds
a SIP submission to be incomplete, or disapproves a SIP submission,
unless the state corrects the deficiency, and the Administrator
approves the SIP revision, before the Administrator promulgates a FIP.
Therefore, EPA will be obligated under CAA section 110(c)(1) to
promulgate a FIP within two years after the effective date of this
partial disapproval, unless the state submits and the EPA approves SIP
revisions to correct the identified deficiencies in the RACT II rule
before EPA promulgates the FIP. EPA proposed such a FIP on May 25,
2022. See 87 FR 31798. Notwithstanding this timeframe established under
CAA section 110(c)(1) for EPA's promulgation of a FIP, the Third
Circuit has ordered the EPA to promulgate a FIP within two years of the
date of its decision if the Agency has not approved a SIP correcting
the identified deficiencies in the RACT II rule within this
timeframe.\1\ Sierra Club, 972 F.3d 290, 309. In addition, this final
partial disapproval would trigger mandatory sanctions in accordance
with the timelines and provisions of CAA section 179 and 40 CFR 52.31
unless the state submits, and EPA approves, SIP revisions that correct
the identified deficiencies in the RACT II rule within 18 months of the
effective date of the final partial disapproval action.
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    \1\ On May 26, 2022 and June 9, 2022, PADEP submitted case-by-
case RACT determinations for the affected facilities that are still
in operation as revisions to the Pennsylvania SIP. EPA has not yet
evaluated those submittals and they are outside of the scope of this
action. Any action on those proposed SIP revisions will be at a
later date, and under a separate action.
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V. Incorporation by Reference

    In this document, EPA is finalizing revisions to a prior
incorporation by reference. See 84 FR 20274 (May 9, 2019). In
accordance with requirements of 1 CFR 51.5, EPA is finalizing the
removal of the incorporation by reference of 25 Pa. Code
129.97(g)(1)(viii) into the EPA-approved Pennsylvania SIP, as described
in section IV of this preamble. EPA has made, and will continue to
make, these materials generally available through https://www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the For Further Information Contact section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rule of EPA's approval, and will be incorporated by reference in
the next update to the SIP compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
(E.O.) can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action as defined by
E.O. 12866 and was therefore not submitted to the Office of Management
and Budget (OMB) for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA, because this SIP partial approval and partial disapproval does
not in-and-of itself create any new information collection burdens, but
simply partially approves and partially disapproves certain State
requirements for inclusion in the SIP.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This SIP
partial approval and partial disapproval does not in-and-of itself
create any new requirements but simply partially approves and partially
disapproves certain pre-existing State requirements for inclusion in
the SIP.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
state, local, or tribal governments, or to the private sector, will
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175, because the SIP EPA is disapproving would not
apply on any Indian reservation land or in any other area where the EPA
or an Indian tribe

has demonstrated that a tribe has jurisdiction, and will not impose
substantial direct costs on tribal governments or preempt tribal law.
Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive order. This action is not subject to
Executive Order 13045 because this SIP partial approval and partial
disapproval does not in-and-of itself create any new regulations, but
simply partially approves and partially disapproves certain pre-
existing State requirements for inclusion in the SIP.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population

    As described in the NPRM for this action, the EPA lacks the
discretionary authority to address environmental justice in this
rulemaking.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

L. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 17, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.

Adam Ortiz,
Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (c)(1) is amended by
revising the entry for ``Section 129.97'' to read as follows:

Sec.  52.2020   Identification of plan.

* * * * *
    (c) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
                                                           State                                 Additional
        State citation              Title/subject        effective      EPA approval date     explanation/Sec.
                                                           date                               52.2063 citation
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                          Title 25--Environmental Protection Article III--Air Resources
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
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                                       Chapter 129--Standards for Sources
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                         Additional RACT Requirements for Major Sources of NOX and VOCs
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 129.97................  Presumptive RACT             4/23/16  8/16/2022, [INSERT    Partial Disapproval.
                                 requirements, RACT                    Federal Register      See 40 CFR
                                 emission                              Citation].            52.2023(o).
                                 limitations, and
                                 petition for
                                 alternative
                                 compliance schedule.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Section 52.2023 is amended by adding paragraph (o) to read as
follows:

Sec.  52.2023   Approval status.

* * * * *
    (o) EPA disapproves 25 Pa. Code 129.97(g)(1)(viii), submitted on
May 16, 2016 to address the RACT requirements under CAA sections
182(b)(2)(C), 182(f), and 184 under the 1997 and 2008 ozone NAAQS.
[FR Doc. 2022-17579 Filed 8-15-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 28, 2009 (Volume 74, Number 143)]
[Notices]
[Page 37268]
[DOCID:fr28jy09-82]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, July
30, 2009 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Walter, as duty officer, voted to consider the items
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting scheduled for Thursday,
July 30, 2009 will be:

Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings;
Other matters relating to enforcement proceedings; and an adjudicatory
matter.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: July 22, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-17860 Filed 7-27-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 93 (Friday, May 13, 2022)]
[Notices]
[Page 29308]
[FR Doc No: 2022-10358]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 7569-008]

University of Notre Dame, ND Hydro, LLC; Notice of Transfer of
Exemption

    1. On April 21, 2022, University of Notre Dame, exemptee for the
2.5 Megawatts South Bend Hydroelectric Project No. 7569, filed a letter
notifying the Commission that the project was transferred from
University of Notre Dame to ND Hydro, LLC. The exemption from licensing
was originally issued on April 18, 1984.\1\ The project is located on
the St. Joseph River, St Joseph County, Indiana. The transfer of an
exemption does not require Commission approval.
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    \1\ City of South Bend, Indiana, 27 FERC ] 62,056 (1984).
Subsequently, on January 31, 2017, the project was transferred to
University of Notre Dame. (P-7569-005)
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    2. ND Hydro, LLC is now the exemptee of the South Bend
Hydroelectric Project No. 7569. All correspondence must be forwarded to
Paul Kempf, ND Hydro, LLC, 100 Facilities Building, Notre Dame, IN
46556, Phone:<PHONE_NUMBER> (main),<PHONE_NUMBER> (direct), and 574-631-
8468 (fax), Email: [email protected].

    Dated: May 9, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-10358 Filed 5-12-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Notices]
[Page 48843]
[FR Doc No: 2017-22739]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4332-DR; Docket ID FEMA-2017-0001]

Texas; Amendment No. 10 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Texas (FEMA-4332-DR), dated August 25, 2017, and
related determinations.

DATES: This amendment was issued October 11, 2017.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Texas is hereby amended to include the following areas
among those areas determined to have been adversely affected by the
event declared a major disaster by the President in his declaration of
August 25, 2017.

    Caldwell County for Individual Assistance.
    Grimes County for Individual Assistance (already designated for
Public Assistance).
    Caldwell, Comal, Guadalupe, Jim Wells, Milam, and San Augustine
Counties for Public Assistance.
    DeWitt, Gonzales, Lavaca, and Sabine Counties for Public
Assistance [Categories C-G] (already designated for Individual
Assistance and assistance for debris removal and emergency
protective measures [Categories A and B], including direct federal
assistance, under the Public Assistance program).

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

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-22739 Filed 10-19-17; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Notices]
[Pages 29435-29438]
[FR Doc No: 2012-11927]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66972; File No. SR-NASDAQ-2012-059]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of Proposed Rule Change To Establish ``Benchmark
Orders'' Under NASDAQ Rule 4751(f)

May 11, 2012.
    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 May 1, 2012, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II and III below, which Items have been prepared by NASDAQ.
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

    NASDAQ is filing with the Commission a proposed rule change to
establish various ``Benchmark Orders'' under NASDAQ Rule 4751(f). The
text of the proposed rule change is available from NASDAQ's Web site at
http://nasdaq.cchwallstreet.com/Filings/, at NASDAQ's principal office,
and at the Commission's Public Reference Room.

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

    In its filing with the Commission, NASDAQ 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. NASDAQ 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    In order to provide enhanced functionality, NASDAQ is proposing to
establish a set of ``Benchmark Orders,'' a new order type for use in
trading cash equities. The Benchmark Order will offer members the
ability to enter a single order in a single security seeking to match
the performance of a selected benchmark over a pre-determined period of
time. The Benchmark Order will provide entering firms additional tools
to manage large trades, including potentially reducing price impact
from such large trades. These Benchmark Orders will also assist
entering firms by increasing flexibility to manage their trading
interest intraday. To further assist members, NASDAQ will provide those
entering Benchmark Orders with detailed analytics with which to measure
the performance of Benchmark Orders vis [agrave] vis the relevant
benchmarks.
    The Benchmark Order will not itself be available for execution, but
instead will be used by a sub-system of the trading system to generate
a series of ``Child Orders'' of the types that already exist in the
current NASDAQ rules. The Child Orders of a Benchmark Order may be
executed within the NASDAQ system under NASDAQ's existing processing
rules, or made available for routing under NASDAQ's current routing
rules.\3\

All Child Orders of Benchmark Orders will comport with NASDAQ's
existing rules, including (for example) rules designed to enforce
compliance with Regulation NMS and the SEC Market Access Rule.
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    \3\ As with routable orders today, Child Orders entered onto the
NASDAQ book will be in the members' name, while orders routed to
other venues will be performed by NASDAQ Execution Services
(``NES'').
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    Initially, NASDAQ will offer three underlying benchmarks for the
Benchmark Orders: Volume Weighted Average Price (``VWAP''), Time
Weighted Average Price (``TWAP'') and Percent of Volume (``POV''). In
addition to order entry information common to all order types of all
attributes--security, buy/sell side, shares, and price--a member
choosing the Benchmark Order will enter order information relevant to
the Benchmark Order attribute, including (for example) the benchmark
selected, the start time and duration of the order, and the percent of
volume target (if any). NASDAQ members may enter Benchmark Orders via
an existing NASDAQ protocol and an existing NASDAQ port; no new
protocols or ports will be required.\4\ Benchmark Orders will be
assigned unique identification numbers, as is the case for all orders
in the NASDAQ system, used for tracking purposes as described below.
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    \4\ Currently, orders that may become available for routing,
including Benchmark Orders if approved, are entered using either
NASDAQ's proprietary INET FIX or RASHport protocol.
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    Benchmark Orders will not be executed by the NASDAQ matching
engine, but will upon entry be directed to a system application
dedicated to processing Benchmark Orders (``Application'').\5\ The
Application will process the Benchmark Order in accordance with pre-
determined logic designed to achieve benchmark performance based upon
the entering firm's instructions. For example, consider a Benchmark
Order containing instructions for the Application to buy 5,000 shares
and achieve a VWAP in Security ABCD over the period from 9:30 a.m. to
10:00 a.m. The Application logic will include the calculation of a
VWAP, the method for replicating that VWAP, the order types necessary
to achieve that replication, and the prices at which such orders would
need to execute. The Application will generate such Child Orders as are
necessary to achieve the desired benchmark selected by the entering
firm. Child Orders will be formatted using already-approved NASDAQ
order types and times in force as set forth in NASDAQ Rule 4751.\6\
Child Orders will also be marked with unique identifiers, as is the
case for all orders, for use in linking Child Orders to Benchmark
Orders. Other than creating a Benchmark Order type for entry purposes,
no new order types or times in force are being proposed.
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    \5\ The relationship between NASDAQ and the Application
technology provider is described in more detail below.
    \6\ Child Orders may be generated by the System using
preexisting order types in the RASH system, including previously
filed strategies (e.g. SCAN, STGY, ISNY). Child Orders may be
generated with instructions available to pre-existing order types
including but not limited to Limit Orders, Market Pegged Orders,
Primary Pegged Orders, Midpoint Pegged Orders, orders with
instructions to participate in opening or closing crosses, Post-Only
Orders, Intermarket Sweep Orders, Minimum Quantity Orders, Non-
Display Orders, and Directed Orders.
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    The Application will not be capable of executing either Benchmark
Orders or Child Orders but will instead send Child Orders, using the
proper system protocol,\7\ to the NASDAQ matching engine or to the
NASDAQ router as needed to complete the Benchmark Order.\8\ Thus,
returning to the previous example of a Benchmark Order to buy 5,000
shares at the VWAP, the Application may determine it is necessary to
send a marketable limit order to buy 1,000 shares of security ABCD at
$10.00 in order to complete the desired VWAP order. The Application
will format the necessary orders, perhaps two orders for 500 shares
each, and send those orders to the NASDAQ matching engine because
NASDAQ is displaying 900 shares of ABCD at $10.00. The Application will
continue to monitor market conditions, recalculate the VWAP as
necessary, monitor the Child Orders generated and executions received
(via standard system messaging and tracking processes) and produce new
Child Orders as necessary to achieve the desired overall execution.
Benchmark Orders will be available for entry and execution during the
system hours specified in NASDAQ rules. The parent order will remain
active in the NASDAQ system until fully executed, expired, or cancelled
by the entering member.\9\
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    \7\ Benchmark Orders may be entered using the INET FIX or NASDAQ
RASH protocols. Child Orders will use available protocols in the
same way that similar orders use them independent of Benchmark
Orders. Different protocols offer members different means of setting
parameters based on the technological characteristics of the
protocols.
    \8\ Child Orders that require routing will be routed by NES,
NASDAQ's wholly-owned routing broker-dealer, according to the same
rules and processes applicable to all orders routed from NASDAQ
pursuant to NASDAQ Rule 4758.
    \9\ In the event a member cancels an order, that member will be
responsible for all executions completed prior to the time of
cancellation, as well as all fees appurtenant to such executions.
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    Child Orders of Benchmark Orders will be processed in an identical
manner to orders generated independently of a Benchmark Order. Trade
reporting, OATS reporting, and clearing of Child Orders and trades will
occur in the same manner as currently existing order types.
Additionally, pre-trade checks required by the Market Access Rule (SEC
Rule 15c3-5) will be made on both Benchmark Orders submitted by members
as well as Child Orders created by the Application. All Child Orders
will be checked for compliance with Regulation NMS prior to being
routed. All fees applicable to existing orders and trades will apply to
Child Orders.\10\ The only difference in processing of Child Orders vis
[agrave] vis independently formatted orders of the same type will be
the system messages transmitted between the Application and other parts
of the NASDAQ system.
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    \10\ NASDAQ has not determined the level of fee to assess for
the execution of a Benchmark Order. When NASDAQ determines the
proper fee for the Benchmark Order, it will file a proposed rule
change as required.
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    NASDAQ considers the Application to be a functional offering of the
NASDAQ Stock Market, similar to other functions that process member
trading interest, including other order types, order routing and order
matching capabilities. Thus, although the technology will be licensed
from a third party (``Third Party Provider''), the Application will be
integrated closely with the NASDAQ system and provided to members
subject to NASDAQ's obligations and responsibilities as a self-
regulatory organization.
    NASDAQ has taken steps to provide that the Application performs to
the standards NASDAQ sets for itself and that that the SEC sets for all
SROs. For example, NASDAQ will test the Application rigorously and
regularly to ensure that the Application is performing the desired
calculations and that it is doing so in a manner that complies with
applicable SEC regulations and NASDAQ rules. NASDAQ will monitor the
Application performance on a real-time and continuous basis just as it
monitors all functions performed by the NASDAQ system. NASDAQ will have
access to the technology, employees and books and records of the third
party provider that are related to the Application and its interaction
with NASDAQ and NASDAQ members.
    The Third Party Provider will have no discretion with respect to
Benchmark Orders and will have no authority other than to apply the
licensed technology to such Benchmark Orders it receives from NASDAQ.
Neither the Third Party

Provider nor its employees will have information or access to
information about NASDAQ members that submit Benchmark Orders.
Benchmark Orders will be received by NASDAQ and not by the Third Party
Provider, and messages sent from NASDAQ to the Third Party Provider
will contain no information by which the Third Party Provider can
identify the specific NASDAQ member that entered the order(s). The
Third Party Provider will store messages related to NASDAQ Benchmark
Orders only for the purposes of providing end-of-day analytics and to
comply with applicable books and records requirements.
    The Third Party Provider will have no actionable advantage over
NASDAQ members with respect to the NASDAQ system. The third party
hardware and software will be subordinate to the NASDAQ matching engine
and router. The Application will not itself be capable of executing
orders; it will only generate messages and instructions to be carried
out by the NASDAQ system in accordance with existing NASDAQ rules.
NASDAQ will maintain control of and responsibility for the Application
and the NASDAQ system. The Third Party Provider has a registered
broker-dealer affiliate; however that affiliate will be performing no
broker-dealer functions with respect to NASDAQ Benchmark Orders.\11\
The sole function to be performed by the Third Party Provider's broker-
dealer affiliate will be to accept from NASDAQ post-execution per-share
compensation related to Benchmark Orders.
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    \11\ As described above, Child Orders generated by the
Application that require routing will be routed by NES and not by
the Third Party Provider or its broker-dealer affiliate. As a
result, the Third Party Provider and affiliate will have no
reporting obligations with respect to Benchmark Orders under
NASDAQ's OATS rules. See OATS Technology Specifications Scenario
4.4.22 (Routing Services Provided By Members).
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2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\12\ in general, and with
Section 6(b)(5) of the Act,\13\ in particular, in that the proposal is
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 facilitating
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.
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    \12\ 15 U.S.C. 78f.
    \13\ 15 U.S.C. 78f(b)(5).
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    Specifically, NASDAQ believes that the Benchmark Order is
consistent with and supports the goals of Section 6(b)(5) because it
facilitates transactions in securities and improves trading within the
national market system. The Benchmark Order will permit members to
achieve on an exchange via a single order type what previously has
required access to multiple venues using multiple order types. NASDAQ
will enable members to leverage NASDAQ's existing access and existing
order types to make benchmarking easier and more efficient. For the
members that already have such capabilities, the Benchmark Order will
represent another option. Additionally, the Benchmark Order will expand
benchmarking capability to firms that currently lack it or lack an
exchange-based alternative.
    NASDAQ further believes that the Benchmark Order will achieve new
efficiency and cost savings for members. For NASDAQ members that rely
on NASDAQ to help manage a significant percentage of their order flow,
the Benchmark Order will extend that capability and thereby allow
members to manage more order flow at a single trading platform. Members
that choose to use Benchmark Orders will use the same ports and
connectivity and the same programming protocols that they currently use
for other NASDAQ orders. Additionally, because Benchmark Orders will be
based on the same market data that NASDAQ uses today, members should
incur no additional charges for market data feeds.
    Finally, the Benchmark Order will increase transparency because
NASDAQ will offer members detailed analytics regarding the performance
of their Benchmark Orders. These analytics will be a ``scorecard'' not
available today against which members will measure the actual
performance of Benchmark Orders versus the selected benchmark. Members
may use this tool to experiment with Benchmark Orders and, if
successful, determine to enter additional Benchmark Orders or to
refrain from entering them. The analytics will be limited to
information concerning the members' own executions and as such will
include no market data that is proprietary to another member.

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

    NASDAQ 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, as amended. To the contrary,
the establishment of Benchmark Orders on NASDAQ will enhance NASDAQ's
ability to compete with similar functionality that already is widely
dispersed in the industry both among members and trading venues. The
Benchmark Order is a voluntary offering; voluntary on the part of the
Exchange which is not required to offer it and voluntary on the part of
members that are not required to use it. If the predicted enhancements
and improvements of the Benchmark Order do not materialize, members
will simply choose to ignore it. NASDAQ's decision to offer the
Benchmark Order is a further indication of the competitiveness of the
market for trading platforms. Continued improvements and enhancements
such as the Benchmark Order are necessary in order to attract order
flow and execute transactions. This need is heightened because the
functionality underlying the Benchmark Order has for some time been
made available by alternative trading systems that perform functions
similar to NASDAQ but that have been exempted from the requirements of
filing proposed rule changes, among others.

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

    Within 45 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 shall: (a) by order approve
or disapprove 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 email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2012-059 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-NASDAQ-2012-059. 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 Nasdaq. 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-NASDAQ-2012-059 and should
be submitted on or before June 7, 2012.

    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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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-11927 Filed 5-16-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 132 (Thursday, July 9, 2020)]
[Rules and Regulations]
[Page 41188]
[FR Doc No: 2020-13987]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2020-0358]

Safety Zones; Annual Firework Displays Within the Captain of the
Port Sector Puget Sound Area of Responsibility

AGENCY: Coast Guard, DHS.

ACTION: Notification of non-enforcement of regulation.

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SUMMARY: The Coast Guard will not enforce the Safety Zone for the
Seattle Seafair Firework Display in Lake Washington, Seattle, WA in
July 2020. The Captain of the Port Sector Puget Sound has determined
that since Seafair has been cancelled in 2020, enforcement of this
regulation is not necessary.

DATES: The Coast Guard does not plan to enforce the Safety Zone for the
Seattle Seafair Firework Display in Lake Washington in 33 CFR 165.1332
in July 2020.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of non-enforcement, call or email CWO2 William E.
Martinez, Sector Puget Sound Waterways Management Division, U.S. Coast
Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard normally enforces the
Seattle Seafair Firework Display in Lake Washington, Seattle, WA in 33
CFR 165.1332 annually during July. This year, the event organizers
cancelled Seafair. Therefore, the Coast Guard does not plan to enforce
the Seattle Seafair Firework Display in Lake Washington, Seattle, WA in
33 CFR 165.1332, in July 2020.
    In addition to this notification of non-enforcement in the Federal
Register, if the situation changes and the Captain of the Port Sector
Puget Sound (COTP) determines that the regulated area needs to be
enforced, the COTP will issue a Broadcast Notice to Mariners and
provide actual notice of enforcement to any persons in the regulated
area.

    Dated: June 23, 2020.
L.A. Sturgis,
Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound.
[FR Doc. 2020-13987 Filed 7-8-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 2 (Wednesday, January 4, 2012)]
[Notices]
[Page 279]
[FR Doc No: 2011-33722]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER12-673-000]

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

    This is a supplemental notice in the above-referenced proceeding of
Brea Generation LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is January 17, 2012.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive 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>.

    Dated: December 28, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-33722 Filed 1-3-12; 8:45 am]
BILLING CODE 6717-01-P