[Federal Register Volume 87, Number 124 (Wednesday, June 29, 2022)]
[Notices]
[Pages 38738-38741]
[FR Doc No: 2022-13818]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP22-466-000]

WBI Energy Transmission, Inc.; Notice of Intent To Prepare an
Environmental Impact Statement for the Proposed Wahpeton Expansion
Project; Request for Comments on Environmental Issues, and Schedule for
Environmental Review

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental impact statement (EIS) that
will discuss the environmental impacts of the Wahpeton Expansion
Project (Project) involving construction and operation of facilities by
WBI Energy Transmission, Inc. (WBI Energy) in Cass and Richland
Counties, North Dakota. The Commission will use this EIS in its
decision-making process to determine whether the Project is in the
public convenience and necessity. The schedule for preparation of the
EIS is discussed in the Schedule for Environmental Review section of
this notice.
    As part of the National Environmental Policy Act (NEPA) review
process, the Commission takes into account concerns the public may have
about proposals and the environmental impacts that could result
whenever it considers the issuance of a Certificate of Public
Convenience and Necessity. This gathering of public input is referred
to as ``scoping.'' By notice issued on January 4, 2022, in Docket No.
PF21-4-000, the Commission opened a scoping period during WBI Energy's
planning process for the Project and prior to filing a formal
application with the Commission, a process referred to as ``pre-
filing.'' WBI Energy has now filed an application with the Commission,
and staff intends to prepare an EIS that will address the concerns
raised during the pre-filing scoping process and comments received in
response to this notice.
    By this notice, the Commission requests public comments on the
scope of issues to address in the environmental document, including
comments on potential alternatives and impacts, and any relevant
information, studies, or analyses of any kind concerning impacts
affecting the quality of the human environment. To ensure that your
comments are timely and properly recorded, please submit your comments
so that the Commission receives them in Washington, DC on or before
5:00 p.m. Eastern Time on July 22, 2022. Comments may be submitted in
written or oral form. Further details on how to submit comments are
provided in the Public Participation section of this notice.
    As mentioned above, during the pre-filing process, the Commission
opened a scoping period which expired on February 3, 2022; however,
Commission staff continued to accept comments during the entire pre-
filing process. Staff also held two virtual scoping sessions to take
oral scoping comments. Those sessions were held on January 25 and 27,
2022. All substantive written and oral comments provided during pre-
filing will be addressed in the EIS. Therefore, if you submitted
comments on this Project to the Commission during the pre-filing
process in Docket No. PF21-4-000 you do not need to file those comments
again.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable easement agreement. You
are not required to enter into an agreement. However, if the Commission
approves the Project, the Natural Gas Act conveys the right of eminent
domain to the company. Therefore, if you and the company do not reach
an easement agreement, the pipeline company could initiate condemnation
proceedings in court. In such instances, compensation would be
determined by a judge in accordance with state law. The Commission does
not grant, exercise, or oversee the exercise of eminent domain
authority. The courts have exclusive authority to handle eminent domain
cases; the Commission has no jurisdiction over these matters.
    WBI Energy provided landowners with a fact sheet prepared by the
FERC entitled ``An Interstate Natural Gas Facility On My Land? What Do
I Need To Know?'' which addresses typically asked questions, including
the use of eminent domain and how to participate in the Commission's
proceedings. This fact sheet along with other landowner topics of
interest are available for viewing on the FERC website

(www.ferc.gov) under the Natural Gas Questions or Landowner Topics
link.

Public Participation

    There are three methods you can use to submit your comments to the
Commission. The Commission encourages electronic filing of comments and
has staff available to assist you at<PHONE_NUMBER> or
[email protected]. Please carefully follow these instructions
so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. Using eComment is an easy method for
submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; a comment on a particular project is considered a ``Comment
on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (CP22-
466-000) on your letter. Submissions sent via the U.S. Postal Service
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426. Submissions sent via any other carrier must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, MD 20852.
    Additionally, the Commission offers a free service called
eSubscription. This service provides automatic notification of filings
made to subscribed dockets, document summaries, and direct links to the
documents. Go to https://www.ferc.gov/ferc-online/overview to register
for eSubscription.

Summary of the Proposed Project, the Project Purpose and Need, and
Expected Impacts

    WBI Energy proposes to construct and operate about 60.5 miles of
12-inch-diameter natural gas pipeline from WBI Energy's existing
Mapleton Compressor Station near Mapleton, North Dakota to a new meter
station near Wahpeton, North Dakota. The Wahpeton Expansion Project
would provide about 20.6 million standard cubic feet of natural gas per
day to southeastern North Dakota. According to WBI Energy, its Project
would provide additional natural gas supply to Wahpeton, North Dakota
and new natural gas service to Kindred, North Dakota, as requested by
Montana-Dakota Utilities Co. (MDU).
    The Wahpeton Expansion Project would consist of the following
facilities in addition to the pipeline, all in North Dakota:
     modifications (installation of additional equipment and
facilities, but no additional compression) to WBI Energy's existing
Mapleton Compressor Station in Cass County to facilitate a tie-in to
WBI's existing pipeline system.
     two delivery stations (MDU-Kindred Border Station and MDU-
Wahpeton Border Station) in Cass and Richland Counties;
     seven block valve settings (Valve Site 1 would be located
within the existing Mapleton Compressor Station and Valve Sites 3 and 7
would be collocated within the two delivery stations);
     four pig launcher/receiver settings \1\ collocated with
Valve Sites 1, 2, 5, and 7; and
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    \1\ A ``pig'' is a tool that the pipeline company inserts into
and pushes through the pipeline for cleaning the pipeline,
conducting internal inspections, or other purposes.
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     possible farm taps (unspecified number and locations at
this time).
    The general location of the Project facilities is shown in appendix
1.\2\
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    \2\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary.'' For instructions on
connecting to eLibrary, refer to the last page of this notice. At
this time, the Commission has suspended access to the Commission's
Public Reference Room due to the proclamation declaring a National
Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020. For assistance, contact
FERC at [email protected] or call toll free,<PHONE_NUMBER>
or TTY<PHONE_NUMBER>.
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    Construction of the proposed facilities would disturb at least
791.5 acres of land for the pipeline, aboveground facilities, and
associated workspaces, of which approximately 728 acres are
agricultural lands (crops, pasture, hayfields). Following construction,
WBI Energy would maintain at least 372.5 acres for permanent operation
of the Project's facilities; the remaining acreage would be restored
and revert to former uses. Approximately 346 acres of permanent
operational footprint would be within agricultural lands, which would
be allowed to revert to agricultural uses. About 51 percent of the
proposed pipeline route parallels existing electric transmission line,
railroad, and road rights-of-way.
    Based on an initial review of WBI Energy's and public comments
received during the pre-filing process, Commission staff have
identified several expected impacts that deserve attention in the EIS.
The Project would impact 20 waterbodies, crossing 18 using a guided
bore which would largely avoid impacts on the waterbodies except for
potential temporary equipment bridge crossings. Two ephemeral
waterbodies (roadside ditches) would be crossed using open-cut methods.
Five additional ephemeral waterbodies (roadside ditches) would be
crossed by access roads.
    Of the 8.5 acres of wetland which could be impacted by the Project,
approximately 6.3 acres, including 0.4 acre of forested wetlands, would
be impacted during the open-cut construction method for installation of
the pipeline. The remainder of wetland impacts would result from access
roads, aboveground facilities, and pipe yards. In total, approximately
0.10 acre of permanent wetland impact is anticipated, of which most
would result from a conversion in type of wetland (from forested to
emergent); less than 0.01 acre would consist of permanent fill of a
roadside ditch for a permanent access road.
    Other potential impacts associated with the Project would include:
     noise resulting from 24-hour construction activities;
     construction through areas with drain tiles;
     disturbance of wildlife species and habitats (although
most areas proposed for disturbance consist of agricultural land);
     disturbance of soils and subsequent restoration of
farmland;
     air emissions during construction; and
     environmental justice.

The NEPA Process and the EIS

    The EIS issued by the Commission will discuss impacts that could
occur as a result of the construction and operation of the proposed
Project under the relevant general resource areas:
     geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     socioeconomics and environmental justice;
     land use;
     cumulative impacts;
     air quality and noise; and
     reliability and safety.
    Commission staff will also make recommendations on how to lessen or

avoid impacts on the various resource areas. Your comments will help
Commission staff focus its analysis on the issues that may have a
significant effect on the human environment.
    The EIS will present Commission staff's independent analysis of the
issues. Staff will prepare a draft EIS which will be issued for public
comment. Commission staff will consider all timely comments received
during the comment period on the draft EIS and revise the document, as
necessary, before issuing a final EIS. Any draft and final EIS will be
available in electronic format in the public record through library \3\
and the Commission's natural gas environmental documents web page
(https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If eSubscribed, you will receive instant
email notification when the environmental document is issued.
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    \3\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
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Alternatives Under Consideration

    The EIS will evaluate reasonable alternatives that are technically
and economically feasible and meet the purpose and need for the
proposed action.\4\ Alternatives currently under consideration include:
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    \4\ 40 CFR 1508.1(z).
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     the no-action alternative, meaning the Project is not
implemented;
     four system alternatives;
     possible route alternatives and route variations;
     possible aboveground facility alternatives for delivery
stations; and
     construction method alternatives.
    With this notice, the Commission requests specific comments
regarding any additional potential alternatives to the proposed action
or segments of the proposed action. Please focus your comments on
reasonable alternatives (including alternative facility sites and
pipeline routes) that meet the Project objectives, are technically and
economically feasible, and avoid or lessen environmental impact.

Consultation Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission initiated section 106 consultation for
the Project in the notice issued on January 4, 2022, with the North
Dakota State Historic Preservation Office, and other government
agencies, interested Indian tribes, and the public to solicit their
views and concerns regarding the Project's potential effects on
historic properties.\5\ This notice is a continuation of section 106
consultation for the Project. The Project EIS will document findings on
the impacts on historic properties and summarize the status of
consultations under section 106.
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    \5\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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Schedule for Environmental Review

    On June 10, 2022, the Commission issued its Notice of Application
for the Project. Among other things, that notice alerted other agencies
issuing federal authorizations of the requirement to complete all
necessary reviews and to reach a final decision on the request for a
federal authorization within 90 days of the date of issuance of the
Commission staff's final EIS for the Project. This notice identifies
the Commission staff's planned schedule for completion of the final EIS
for the Project, which is based on an issuance of the draft EIS in
November 2022.

Issuance of Notice of Availability of the final EIS--April 7, 2023
90-day Federal Authorization Decision Deadline \6\--July 6, 2023
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    \6\ The Commission's deadline applies to the decisions of other
federal agencies, and state agencies acting under federally
delegated authority, that are responsible for federal
authorizations, permits, and other approvals necessary for proposed
projects under the Natural Gas Act. Per 18 CFR 157.22(a), the
Commission's deadline for other agency's decisions applies unless a
schedule is otherwise established by federal law.

    If a schedule change becomes necessary for the final EIS, an
additional notice will be provided so that the relevant agencies are
kept informed of the Project's progress.

Permits and Authorizations

    The table below lists the anticipated permits and authorizations
for the Project required under federal law. This list may not be all-
inclusive and does not preclude any permit or authorization if it is
not listed here. Agencies with jurisdiction by law and/or special
expertise may formally cooperate in the preparation of the Commission's
EIS and may adopt the EIS to satisfy its NEPA responsibilities related
to this Project. Agencies that would like to request cooperating agency
status should follow the instructions for filing comments provided
under the Public Participation section of this notice.

------------------------------------------------------------------------
                 Agency                               Permit
------------------------------------------------------------------------
FERC...................................  Certificate of Public
                                          Convenience and Necessity
                                          under Section 7c of the
                                          Natural Gas Act.
U.S. Army Corps of Engineers...........  Section 404 of the Clean Water
                                          Act.
U.S. Fish and Wildlife Service.........  Section 7 of the Endangered
                                          Species Act.
North Dakota Department of               Water Quality Certificate under
 Environmental Quality.                   Section 401 of the Clean Water
                                          Act.
State Historical Society of North        Section 106 of the National
 Dakota.                                  Historic Preservation Act.
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Environmental Mailing List

    This notice is being sent to the Commission's current environmental
mailing list for the Project which includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for Project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the Project and includes a mailing address with their
comments. Commission staff will update the environmental mailing list
as the analysis proceeds to ensure that Commission notices related to
this environmental review are sent to all individuals, organizations,
and government entities interested in and/or potentially affected by
the proposed Project. State and local government representatives should
notify their constituents of this proposed Project and encourage them
to comment on their areas of concern.

    If you need to make changes to your name/address, or if you would
like to remove your name from the mailing list, please complete one of
the following steps:
    (1) Send an email to [email protected] stating your
request. You must include the docket number CP22-466-000 in your
request. If you are requesting a change to your address, please be sure
to include your name and the correct address. If you are requesting to
delete your address from the mailing list, please include your name and
address as it appeared on this notice. This email address is unable to
accept comments.
    OR
    (2) Return the attached ``Mailing List Update Form'' (appendix 2).

Additional Information

    Additional information about the Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website at www.ferc.gov using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number
in the ``Docket Number'' field, excluding the last three digits (i.e.,
CP22-466). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
[email protected] or<PHONE_NUMBER>, or for TTY, contact (202)
502-8659. The eLibrary link also provides access to the texts of all
formal documents issued by the Commission, such as orders, notices, and
rulemakings.
    Public sessions or site visits will be posted on the Commission's
calendar located at https://www.ferc.gov/news-events/events along with
other related information.

    Dated: June 22, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-13818 Filed 6-28-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 251 (Tuesday, December 31, 2013)]
[Notices]
[Page 79721]
[FR Doc No: 2013-31237]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71184; File No. SR-NYSEArca-2013-115]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for Commission Action on Proposed Rule
Change, as Modified by Amendment No. 1 Thereto, To Adopt Commentary .03
to Rule 6.91 To Limit the Volume of Complex Orders by a Single OTP
Holder or OTP Firm During the Trading Day

December 24, 2013.
    On October 28, 2013, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to adopt Commentary .03 to NYSE Arca Rule 6.91 to
limit the volume of complex orders that may be entered by a single OTP
Holder or OTP Firm during the trading day. On November 5, 2013, the
Exchange submitted Amendment No. 1 to the proposed rule change. The
proposed rule change, as modified by Amendment No. 1 thereto, was
published for comment in the Federal Register on November 13, 2013.\3\
The Commission received no comments on the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 70817 (November 6,
2013), 78 FR 68113.
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    Section 19(b)(2) of the Act \4\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day for this filing is December 28, 2013. The Commission finds
that it is appropriate to designate a longer period within which to
take action on the proposed rule change so that it has sufficient time
to consider the proposed rule change. Therefore, the Commission is
extending this 45-day time period.
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    \4\ 15 U.S.C. 78s(b)(2).
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    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\5\ designates January 3, 2014, as the date by which the Commission
should either approve or disapprove or institute proceedings to
determine whether to disapprove the proposed rule change.
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    \5\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(31).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-31237 Filed 12-30-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: May 15, 2009 (Volume 74, Number 93)]
[Notices]
[Page 22914-22915]
[DOCID:fr15my09-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2211-004]

Duke Energy Indiana, Inc.; Notice of Application Tendered for
Filing with the Commission, Soliciting Additional Study Requests, and
Establishing Procedural Schedule for Relicensing and a Deadline for
Submission of Final Amendments

May 7, 2009.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2211-004.
    c. Date Filed: April 24, 2009.
    d. Applicant: Duke Energy Indiana, Inc.
    e. Name of Project: Markland Hydroelectric Project.
    f. Location: On the Ohio River in Switzerland County, near the
towns of Florence and Vevay, Indiana, and Warsaw, Kentucky. The project
affects about 1 acre of federal lands administered by the U.S. Army
Corps of Engineers.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Tamara Styer, Duke Energy, Mail Code: EC12Y,
P.O. Box 1006, Charlotte, NC 28201-1006,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    i. FERC Contact: Dianne Rodman,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Cooperating agencies: Federal, State, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item l below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See, 94 FERC ]
61,076 (2001).
    k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Indian Tribe, or person believes
that an additional scientific study should be conducted in order to
form an adequate factual basis for a complete analysis of the
application on its merit, the resource agency, Indian Tribe, or person
must file a request for a study with the Commission not later than 60
days from the date of filing of the application, and serve a copy of
the request on the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: June 23, 2009.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    Additional study requests and requests for cooperating agency
status may be filed electronically via the Internet in lieu of paper.
The Commission strongly encourages electronic filings. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
(http://www.ferc.gov/docs-filing/ferconline.asp) under the ``e-filing''
link. For a simpler method of submitting text-only comments, click on
``Quick Comment.''
    m. This application is not ready for environmental analysis at this
time.
    n. The existing Markland Hydroelectric Project consists of a
powerhouse integrated into the north end of the U.S. Army Corps of
Engineers' (Corps) Markland dam, which was constructed by the Corps
between 1959 and 1964. The project has a total installed capacity of
64.8 megawatts (MW) and produces an average annual generation of
350,454 megawatt-hours. All generated power is utilized within the
applicant's electric utility system. The project operates in run-of-
river mode, has no storage, and only uses flows released by the Corps.
    The project consists of the following facilities: (1) A 96-foot-
high, 248-foot-wide intake structure, with steel trashrack panels
installed along the east side, directing flows to the connected
powerhouse; (2) a powerhouse, integral to the Corps' Markland dam,
containing three vertical shaft Kaplan turbine/generator units with a
total installed capacity of 64.8 MW; (3) a tailrace discharging flows
immediately downstream of the dam; (4) a substation about 250 feet
north of the powerhouse; (5) an approximately 750-foot-long existing
access road; (6) a 9.37-mile-long, 138-kilovolt transmission line in a
100-foot-wide right-of-way extending to Fairview, Indiana; and (7)
appurtenant facilities. The applicant is proposing to add a new,
approximately 300-foot-long access road, leading to a new parking area
for recreation use at the tailrace of the dam.
    o. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is also available for
inspection and reproduction at the address in item h above.
    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,
contact FERC Online Support.
    p. With this notice, we are initiating consultation with the
Indiana State Historic Preservation Officer (SHPO), as required by 106,
National Historic Preservation Act, and the regulations of the Advisory
Council on Historic Preservation, 36 CFR, at 800.4.

    Procedural schedule and final amendments: The application will be
processed according to the following Hydro Licensing Schedule.
Revisions to the schedule will be made as appropriate.

Issue Acceptance or Deficiency Letter and  June 2009.
 Request for Additional Information.
Issue Scoping Document 1 for comments....  June 2009.
Request Additional Information (if         September 2009.
 necessary).
Issue Scoping Document 2.................  September 2009.
Notice of application is ready for         January 2010.
 environmental analysis.
Notice of the availability of the EA.....  June 2010.

    Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-11336 Filed 5-14-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 14 (Tuesday, January 22, 2013)]
[Notices]
[Pages 4536-4537]
[FR Doc No: 2013-01076]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68654; File No. SR-NASDAQ-2013-007]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Extend the Operative Date of Recent Changes Made to Rules 4613(a)(2)(F)
and (G), and Rule 4751(f)(15)

January 15, 2013.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on January 14, 2013, The NASDAQ Stock Market LLC (the
``NASDAQ'' or the ``Exchange'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I and II below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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 extend the operative date of recent
changes made to Rules 4613(a)(2)(F) and (G), and Rule 4751(f)(15) to
February 25, 2013, thereby extending the retirement of the automated
quotation refresh functionality from January 15, 2013 to February 25,
2013.

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
    On December 17, 2012, the Exchange filed an immediately effective
rule change to retire the automated quotation refresh functionality
(``AQR'') provided to Exchange market makers under Rules 4613(a)(2)(F)
and (G), and to make conforming changes to Rule 4751(f)(15).\4\ The
proposed changes are operative on January 15, 2013. The Exchange
received one comment letter to the rule change, seeking an extension of
the AQR retirement date to February 25, 2013.\5\ The commenter, an
industry association which represents a substantial number of NASDAQ
members, noted it was concerned that the January 15, 2013 retirement
date does not allow sufficient time for implementation of all
functionality associated with the AQR system. The commenter explained
that new functionality to automate quote movement after quote execution
must be developed and incorporated into order management and trading
systems. In support of its argument for an extension, the commenter
noted that some firms require architectural reprogramming to mission
critical systems that control trading operations, and that thorough
testing of such changes must be done. The commenter further noted that
year-end code freezes, which typically extend into the first week of
January, will make it difficult for firms to adequately implement and
test these significant changes to their systems by January 15, 2013.
The Exchange has received similar telephonic comments from some of its
member firms that are Exchange market makers.
---------------------------------------------------------------------------

    \4\ Securities Exchange Act Release No. 68528 (December 21,
2012), 77 FR 77165 (December 31, 2012) (SR-NASDAQ-2012-140).
    \5\ See Letter from Manisha Kimmel, Executive Director,
Financial Information Forum, to Elizabeth M. Murphy, Secretary,
Commission, dated December 21, 2012.
---------------------------------------------------------------------------

    In light of member firm and industry feedback received on the
current retirement date, the Exchange believes that a brief extension
is warranted to allow member firms adequate time to program and test
their systems to use the Market Maker Peg Order \6\ or develop
alternative means of complying with their market maker obligations.
Given that member firms may not be prepared to comply with their market
making obligations on January 15, 2013 in the absence of AQR and the
potential market disruption that may be caused by eliminating AQR on
that date, the Exchange has determined to extend the retirement date of
AQR to February 25, 2013, and likewise extend the related changes to
Rules 4613(a)(2)(F) and (G), and Rule 4751(f)(15) filed with the
Commission on December 21, 2012 \7\ to February 25, 2013.
---------------------------------------------------------------------------

    \6\ On August 2, 2012, the Commission approved the Exchange's
new Market Maker Peg Order, which is designed to replace AQR. See
Securities Exchange Act Release No. 67584 (August 2, 2012), 77 FR
47472 (August 8, 2012) (SR-NASDAQ-2012-066).
    \7\ Supra note 3.
---------------------------------------------------------------------------

    The Exchange reminds member firms that AQR presents difficulties to
market makers in meeting their obligations under Rule 15c3-5 under the
Act (the ``Market Access Rule'') \8\ and Regulation SHO under the
Act.\9\ The Exchange emphasizes that market makers using AQR remain
obligated to monitor their quotes and are responsible for complying
with all Exchange rules, the Market Access Rule, as well as Rule 610,
Rule 611 of Regulation NMS and Rule 200(g) of Regulation SHO, even in
the event that AQR is not functioning properly. Market makers must have
policies and procedures to address such contingencies and systems in
place to ensure that they can continuously meet their two-sided
obligation.
---------------------------------------------------------------------------

    \8\ 17 CFR 240.15c3-5.
    \9\ 17 CFR 242.200 through 204.
---------------------------------------------------------------------------

2. Statutory Basis
    The statutory basis for the proposed rule change is Section 6(b)(5)
of the Act,\10\ which requires the rules of an exchange to promote just
and equitable principles of trade, to remove impediments to and perfect
the mechanism of a free and open market and a national market system
and, in

general, to protect investors and the public interest. The Exchange
believes that the proposed rule meets these requirements in that it
provides a brief extension to the retirement date of AQR to allow
member firms that are market makers to adequately test and implement
changes to their systems. AQR is a duplicative function and has been
replaced with a new order type that allows member firms to better meet
their minimum market maker quotation requirements and also comply with
regulatory requirements, such as the Market Access Rule and Regulation
SHO. Given the feedback received from both member firms and others in
the industry concerning the AQR retirement date, NASDAQ believes
granting a short extension will minimize the potential that an
inadequately-tested or -implemented member firm market making system
will disrupt or otherwise harmfully impact the market.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange 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. The proposed
change is designed to promote market making on the Exchange that
complies with other regulatory obligations, such as the Market Access
Rule and Regulation SHO. By extending the retirement date of AQR,
member firms will be afforded additional time to test and implement new
coding to their systems, thus avoiding the potential market disruption
that may be caused by one or more market makers that are unable to meet
their market maker obligations due to a system error.

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 after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6)
\12\ thereunder.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 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 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 in this case.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay.\13\ The Commission believes that waiver of the
operative delay is consistent with the protection of investors and the
public interest. Such waiver provides a brief extension of the AQR
retirement date in response to concerns by market participants that the
currently scheduled retirement date does not allow sufficient time for
testing and implementation of changes to member firms' market making
systems. Accordingly, the Commission designates the proposal operative
upon filing.\14\
---------------------------------------------------------------------------

    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. 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.

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-2013-007 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-2013-007. 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-NASDAQ-2013-007 and should
be submitted on or before February 12, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-01076 Filed 1-18-13; 8:45 am]
BILLING CODE 8011-01-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES MEMORANDUM SUBJECT: ADDENDUM to the Ecological risk assessment for 67979 EUP U, from Syngenta, Inc. for corn containing Bacillus thuringiensis Cry3A protein for control of corn root worm ( Diabrotica spp.)

FROM: Gail S. Tomimatsu, Ph. D. / s/ 14 March 2005 Microbial Pesticides Branch Biopesticides and Pollution Prevention Division, 7511C TO: Michael Mendelsohn, Senior Regulatory Specialist Biopesticides and Pollution Prevention Division 7511C DP Barcodes: DP300338 Decision No. 339682 MRID#' s: 46155616, 46155617, 46155618, 46155619 OPP Chemical Code: 6509 Pesticide Name: Modified Bacillus thuringiensis Cry3A ( mCry3A) insecticidal protein and genetic material necessary for its expression. The testing will be done on corn ( maize) developed with event MIR604 via elements of PZM26. Registrant: Syngenta Seeds, Inc.   Field Crops  NAFTA, P. O. Box 12557, 3054 Cornwallis Rd. Research Triangle Park, NC 27709 2257 Classification: Acceptable for the limited duration and acreage for the Experimental Use Permit. Field scouting is recommended for soil and phylloplane coleopteran and other invertebrate abundance during the duration of the EUP.

Per request of Mike Mendelsohn, Senior Regulatory Specialist, this addendum provides further understanding and clarity, that should a temporary tolerance be granted, and should MIR605 corn be used for food or feed, the conclusion( s) of the 02/ 15/ 05 ecological risk assessment remain unchanged.

Based on the information submitted, no significant or irreversible hazards from mCry3A transgenic corn to non target organisms are anticipated for the duration of this limited acreage experimental use program provided that testing does not take place in the vicinity of endangered beetle habitats. 2


[Federal Register Volume 83, Number 32 (Thursday, February 15, 2018)]
[Notices]
[Page 6918]
[FR Doc No: 2018-03115]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2017-102]

Petition for Exemption; Summary of Petition Received; Delta Air
Lines, Inc.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before March 7, 2018.

ADDRESSES: Send comments identified by docket number FAA-2017-1193
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Maria G. Delgado, AIR-673, Federal
Aviation Administration, 1601 Lind Avenue SW, Renton, WA 98057-3356,
phone<PHONE_NUMBER>, email [email protected]; or Alphonso
Pendergrass, ARM-200, Office of Rulemaking, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591, phone
202-267-4713, email [email protected].
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Renton, Washington, on February 9, 2018.
Suzanne Masterson,
Acting Manager, Transport Standards Branch.

Petition for Exemption

    Docket No.: FAA-2017-1193.
    Petitioner: Delta Air Lines, Inc.
    Section(s) of 14 CFR Affected: Sec.  121.310(b)(2)(ii).
    Description of Relief Sought: Delta is seeking relief from 14 CFR
121.310(b)(2)(ii), which requires passenger emergency exit markings to
be manufactured to meet the interior emergency exit marking
requirements under which the airplane was type certificated.
Specifically, Delta is proposing the use of graphical/symbolic exit
signs rather than the conventional, red text-based signs on its Boeing
Model 777 series airplanes.

[FR Doc. 2018-03115 Filed 2-14-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 3, 2010 (Volume 75, Number 171)]
[Rules and Regulations]
[Page 54041-54044]
[DOCID:fr03se10-19]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 544

[Docket No. NHTSA-2010-0017]
RIN 2127-AK69

 Insurer Reporting Requirements; List of Insurers Required To
File Reports

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: This final rule amends regulations concerning Insurer
Reporting Requirements. The regulations specify the requirements for
annual insurer reports and lists in appendices those passenger motor
vehicle insurers that are required to file reports on their motor
vehicle theft loss experiences. An insurer included in any of these
appendices must file three copies of its report for the 2007 calendar
year before October 25, 2010. If the passenger motor vehicle insurers
remain listed, they must submit reports by each subsequent October 25.

DATES: This final rule becomes effective on October 4, 2010. Insurers
listed in the appendices are required to submit reports on or before
October 25, 2010. If you wish to submit a petition for reconsideration
of this rule, your petition must be received by October 18, 2010.

ADDRESSES: Petitions for reconsideration should refer to the docket
number and be submitted to: Administrator, National Highway Traffic
Safety Administration, 1200 New Jersey Avenue, SE., West Building, Room
W41-307, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Carlita Ballard, Office of
International Policy, Fuel Economy and Consumer Programs, NHTSA, 1200
New Jersey Avenue, SE., West Building, Room W43-439, Washington, DC
20590, by electronic mail to<EMAIL_ADDRESS>Ms. Ballard's
telephone number is<PHONE_NUMBER>. Her fax number is<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to 49 U.S.C. 33112, Insurer reports and information, NHTSA
requires certain passenger motor vehicle insurers to file an annual
report with the agency. Each insurer's report includes information
about thefts and recoveries of motor vehicles, the rating rules used by
the insurer to establish premiums for comprehensive coverage, the
actions taken by the insurer to reduce such premiums, and the actions
taken by the insurer to reduce or deter theft. Pursuant to 49 U.S.C.
Section 33112(f), the following insurers are subject to the reporting
requirements:
    (1) Issuers of motor vehicle insurance policies whose total
premiums account for 1 percent or more of the total premiums of motor
vehicle insurance issued within the United States;
    (2) Issuers of motor vehicle insurance policies whose premiums
account for 10 percent or more of total premiums written within any one
state and;
    (3) Rental and leasing companies with a fleet of 20 or more
vehicles not covered by theft insurance policies issued by insurers of
motor vehicles, other than any governmental entity.
    Pursuant to its statutory exemption authority, the agency exempted
certain passenger motor vehicle insurers from the reporting
requirements.

A. Small Insurers of Passenger Motor Vehicles

    Section 33112(f)(2) provides that the agency shall exempt small
insurers of passenger motor vehicles if NHTSA finds that such
exemptions will not significantly affect the validity or usefulness of
the information in the reports, either nationally or on a state-by-
state basis. The term ``small insurer'' is defined, in Section
33112(f)(1)(A) and (B), as an insurer whose premiums for motor vehicle
insurance issued directly or through an affiliate, including pooling
arrangements established under state law or regulation for the issuance
of motor vehicle insurance, account for less than 1 percent of the
total premiums for all forms of motor vehicle insurance issued by
insurers within the United States. However, that section also
stipulates that if an insurance company satisfies this definition of a
``small insurer,'' but accounts for 10 percent or more of the total
premiums for all motor vehicle insurance issued in a particular state,
the insurer must report about its operations in that state.
    In the final rule establishing the insurer reports requirement (49
CFR Part 544; 52 FR 59, January 2, 1987), NHTSA exercised its exemption
authority by listing in Appendix A each insurer that must report
because it had at least 1 percent of the motor vehicle insurance
premiums nationally. Listing the insurers subject to reporting, instead
of each insurer exempted from reporting because it had less than 1
percent of the premiums nationally, is administratively simpler, since
the former group is much smaller than the latter. In Appendix B, NHTSA
lists those insurers required to report for particular states because
each insurer had a 10 percent or greater market share of motor vehicle
premiums in those states. In the January 1987 final rule, the agency
stated that it would update Appendices A and B annually. NHTSA updates
the appendices based on data voluntarily provided by insurance
companies to A.M. Best, which A.M. Best \1\ publishes in its State/Line
Report each spring. The agency uses the data to determine the insurers'
market shares nationally and in each state.
---------------------------------------------------------------------------

    \1\ A.M. Best Company is a well-recognized source of insurance
company ratings and information. 49 U.S.C. 33112(i) authorizes NHTSA
to consult with public and private organizations as necessary.
---------------------------------------------------------------------------

B. Self-Insured Rental and Leasing Companies

    In addition, upon making certain determinations, NHTSA grants
exemptions to self-insurers, i.e., any person who has a fleet of 20 or
more motor vehicles (other than any governmental entity) used for
rental or lease whose vehicles are not covered by theft insurance
policies issued by insurers of passenger motor vehicles, 49 U.S.C.
33112(b)(1) and (f). Under 49 U.S.C. 33112(e)(1) and (2), NHTSA may
exempt a self-insurer from reporting, if the agency determines:
    (1) The cost of preparing and furnishing such reports is excessive
in relation to the size of the business of the insurer;
    (2) The insurer's report will not significantly contribute to
carrying out the purposes of Chapter 331.
    In a final rule published June 22, 1990 (55 FR 25606), the agency
granted a class exemption to all companies that rent or lease fewer
than 50,000 vehicles, because it believed that the largest companies'
reports sufficiently represent the theft experience of rental and
leasing companies. NHTSA concluded that smaller rental and leasing
companies' reports do not significantly contribute to carrying out
NHTSA's statutory obligations and that exempting such companies will
relieve an unnecessary burden on them. As a result of the June 1990
final rule, the agency added Appendix C, consisting of an annually
updated list of the self-insurers subject to Part 544. Following the
same approach as in Appendix A, NHTSA included, in Appendix C, each of
the self-insurers subject to reporting instead of the self-insurers
which are exempted. NHTSA updates Appendix C based primarily on
information from Automotive Fleet Magazine and Auto Rental News.\2\
---------------------------------------------------------------------------

    \2\ Automotive Fleet Magazine and Auto Rental News are
publications that provide information on the size of fleets and
market share of rental and leasing companies.
---------------------------------------------------------------------------

C. When a Listed Insurer Must File a Report

    Under Part 544, as long as an insurer is listed, it must file
reports on or before October 25 of each year. Thus, any insurer listed
in the appendices must file a report before October 25, 2010, and by
each succeeding October 25, absent an amendment removing the insurer's
name from the appendices.

II. Notice of Proposed Rulemaking

1. Insurers of Passenger Motor Vehicles

    On June 21, 2010, NHTSA published a notice of proposed rulemaking
(NPRM) to update the list of insurers in Appendices A, B, and C
required to file reports (75 FR 34966). Appendix A lists insurers that
must report because each had 1 percent of the motor vehicle insurance
premiums on a national basis. The list was last amended in a final rule
published on January 12, 2010 (75 FR 1548). Based on the 2007 calendar
year market share data from A.M. Best, NHTSA proposed to make no change
to Appendix A.
    Appendix B lists insurers required to report because each insurer
had a 10 percent or greater market share of motor vehicle premiums in a
particular State. Based on the 2007 calendar year data for market
shares from A.M. Best, we proposed to add Balboa Insurance Group of
South Dakota to Appendix B.

2. Rental and Leasing Companies

    Appendix C lists rental and leasing companies required to file
reports. Subsequent to publishing the January 12, 2010 final rule (see
75 FR 1548), the agency was informed by Enterprise Rent-A-Car company
(Enterprise), that

it purchased Vanguard Car Rental, USA (Vanguard) in August of 2007, and
that Vanguard will no longer be reporting as a separate entity because
it merged with Enterprise in August of 2009. Specifically, Enterprise
stated that all reporting would be performed by its parent company,
Enterprise Holdings, Inc. for all three brands, National, Alamo and
Enterprise. Therefore, NHTSA proposed to remove Vanguard Car Rental USA
from the list of insurers required to meet the reporting requirements.

Public Comments on Final Determination

Insurers of Passenger Motor Vehicles

    The agency received no comments in response to the NPRM. Therefore,
this final rule adopts the proposed changes to Appendices B and C.
Accordingly, NHTSA has determined that each of the 19 insurers listed
in Appendix A, each of the nine insurers listed in Appendix B and each
of five companies listed in Appendix C are required to submit an
insurer report on its experience for calendar year 2007 no later than
October 25, 2010, and set forth the information required by part 544.
As long as these insurers and companies remain listed, they would be
required to submit reports before each subsequent October 25 for the
calendar year ending slightly less than 3 years before.

Submission of Theft Loss Report

    Passenger motor vehicle insurers listed in the appendices can
forward their theft loss reports to the agency in several ways:
    a. Mail: Carlita Ballard, Office of International Policy, Fuel
Economy and Consumer Programs, Department of Transportation, NHTSA,
West Building, 1200 New Jersey Avenue, SE., NVS-131, Room W43-439,
Washington, DC 20590.
    b. E-Mail<EMAIL_ADDRESS>or
    c. Fax:<PHONE_NUMBER>.
    Theft loss reports may also be submitted to the docket
electronically [identified by Docket No. NHTSA-2010-0017] by:
    d. logging onto the Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for filing the
document electronically.

Regulatory Impacts

1. Costs and Other Impacts

    This notice has not been reviewed under Executive Order 12866,
Regulatory Planning and Review. NHTSA has considered the impact of this
final rule and determined that the action is not ``significant'' within
the meaning of the Department of Transportation's regulatory policies
and procedures. This final rule implements the agency's policy of
ensuring that all insurance companies that are statutorily eligible for
exemption from the insurer reporting requirements are in fact exempted
from those requirements. Only those companies that are not statutorily
eligible for an exemption are required to file reports.
    NHTSA does not believe that this rule, reflecting current data,
affects the impacts described in the final regulatory evaluation
prepared for the final rule establishing Part 544 (52 FR 59; January 2,
1987). Accordingly, a separate regulatory evaluation has not been
prepared for this rulemaking action. The cost estimates in the 1987
final regulatory evaluation should be adjusted for inflation, using the
Bureau of Labor Statistics Consumer Price Index for 2007 (see http://
www.bls.gov/cpi). The agency estimates that the cost of compliance is
$50,000 (1987 dollars) for any insurer added to Appendix A, $20,000
(1987 dollars) for any insurer added to Appendix B, and $5,770 (1987
dollars) for any insurer added to Appendix C. This final rule will make
no change to Appendix A, add one company to Appendix B, and remove one
company from Appendix C. Therefore, the net effect of this final rule
is an increased cost of $14,220 (1987 dollars) to insurers as a group.
    Interested persons may wish to examine the 1987 final regulatory
evaluation. Copies of that evaluation were placed in Docket No. T86-01;
Notice 2. Any interested person may obtain a copy of this evaluation by
writing to NHTSA, Technical Reference Division, 1200 New Jersey Avenue,
SE., East Building (Ground Floor), Room E12-100, Washington, DC 20590,
or by calling<PHONE_NUMBER>.

2. Paperwork Reduction Act

    The information collection requirements in this final rule were
submitted and approved by the Office of Management and Budget (OMB)
pursuant to the requirements of the Paperwork Reduction Act (44 U.S.C.
3501 et seq.). The existing information collection indicates that the
number of respondents for this collection is thirty-three, however, the
actual number of respondents fluctuates from year to year. Therefore,
because the number of respondents required to report for this final
rule does not exceed the number of respondents indicated in the
existing information collection, the agency does not believe that an
amendment to the existing information collection is necessary. This
collection of information is assigned OMB Control Number 2127-0547
(``Insurer Reporting Requirements.'')

3. Regulatory Flexibility Act

    The agency also considered the effects of this rulemaking under the
Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.). I certify that
this final rule will not have a significant economic impact on a
substantial number of small entities. The rationale for the
certification is that none of the companies listed on Appendices A, B
or C are construed to be a small entity within the definition of the
RFA. ``Small insurer'' is defined, in part under 49 U.S.C. 33112, as
any insurer whose premiums for all forms of motor vehicle insurance
account for less than 1 percent of the total premiums for all forms of
motor vehicle insurance issued by insurers within the United States or
any insurer whose premiums within any State account for less than 10
percent of the total premiums for all forms of motor vehicle insurance
issued by insurers within the State. This notice exempts all insurers
meeting those criteria. Any insurer too large to meet those criteria is
not a small entity. In addition, in this rulemaking, the agency exempts
all ``self insured rental and leasing companies'' that have fleets of
fewer than 50,000 vehicles. Any self-insured rental and leasing company
too large to meet that criterion is not a small entity.

4. Federalism

    This action has been analyzed according to the principles and
criteria contained in Executive Order 12612, and it has been determined
that the final rule does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.

5. Environmental Impacts

    In accordance with the National Environmental Policy Act, NHTSA has
considered the environmental impacts of this final rule and determined
that it would not have a significant impact on the quality of the human
environment.

6. Civil Justice Reform

    This final rule does not have any retroactive effect, and it does
not preempt any State law, 49 U.S.C. 33117 provides that judicial
review of this rule may be obtained pursuant to 49 U.S.C. 32909, and
section 32909 does not require submission of a petition for
reconsideration or other administrative proceedings before parties may
file suit in court.

7. Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.

8. Plain Language

    Executive Order 12866 requires each agency to write all rules in
plain language. Application of the principles of plain language
includes consideration of the following questions:
    [ballot] Have we organized the material to suit the public's needs?
    [ballot] Are the requirements in the proposal clearly stated?
    [ballot] Does the proposal contain technical language or jargon
that is not clear?
    [ballot] Would a different format (grouping and order of sections,
use of headings, paragraphing) make the rule easier to understand?
    [ballot] Would more (but shorter) sections be better?
    [ballot] Could we improve clarity by adding tables, lists, or
diagrams?
    [ballot] What else could we do to make the proposal easier to
understand?
    If you have any responses to these questions, you can forward them
to me several ways:
    a. Mail: Carlita Ballard, Office of International Policy, Fuel
Economy and Consumer Programs, NHTSA, West Building, 1200 New Jersey
Avenue, SE., NVS-131, Room W43-439, Washington, DC 20590.
    b. E-mail<EMAIL_ADDRESS>or Fax:<PHONE_NUMBER>.

List of Subjects in 49 CFR Part 544

    Crime insurance, Insurance, Insurance companies, Motor vehicles,
Reporting and recordkeeping requirements.

0
In consideration of the foregoing, 49 CFR part 544 is amended as
follows:

PART 544--[AMENDED]

0
1. The authority citation for part 544 continues to read as follows:

    Authority:  49 U.S.C. 33112; delegation of authority at 49 CFR
1.50.

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2. In Sec.  544.5, paragraph (a), the second sentence is revised to
read as follows:

Sec.  544.5  General requirements for reports.

    (a) * * * This report shall contain the information required by
Sec.  544.6 of this part for the calendar year 3 years previous to the
year in which the report is filed (e.g., the report due by October 25,
2010 will contain the required information for the 2007 calendar year).
* * * * *

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3. Appendix A to part 544 is revised to read as follows:

Appendix A--Insurers of Motor Vehicle Insurance Policies Subject to the
Reporting Requirements in Each State in Which They Do Business

Allstate Insurance Group
American Family Insurance Group
American International Group
Auto Club Enterprise Insurance Group
Auto-Owners Insurance Group
Erie Insurance Group
Berkshire Hathaway/GEICO Corporation Group
California State Auto Group
Hartford Insurance Group
Liberty Mutual Insurance Companies
Metropolitan Life Auto & Home Group
Mercury General Group
Nationwide Group
Progressive Group
Safeco Insurance Companies
State Farm Group
Travelers Companies
USAA Group
Farmers Insurance Group

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4. Appendix B to part 544 is revised to read as follows:

Appendix B--Issuers of Motor Vehicle Insurance Policies Subject to the
Reporting Requirements Only in Designated States

Alfa Insurance Group (Alabama)
Auto Club (Michigan)
Balboa Insurance Group (South Dakota) \1\
Commerce Group, Inc. (Massachusetts)
Kentucky Farm Bureau Group (Kentucky)
New Jersey Manufacturers Group (New Jersey)
Safety Group (Massachusetts)
Southern Farm Bureau Group (Arkansas, Mississippi)
Tennessee Farmers Companies (Tennessee)

    \1\ Indicates a newly listed company which must file a report
beginning with the report due October 25, 2010.

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5. Appendix C to part 544 is revised to read as follows:

Appendix C--Motor Vehicle Rental and Leasing Companies (Including
Licensees and Franchisees) Subject to the Reporting Requirements of
Part 544

Cendant Car Rental
Dollar Thrifty Automotive Group
Enterprise Holding Inc./Enterprise Rent-A-Car Company \1\
Hertz Rent-A-Car Division (subsidiary of The Hertz Corporation)
U-Haul International, Inc. (Subsidiary of AMERCO)

    \1\ Enterprise Rent-A-Car Company acquired ownership of Vanguard
Car Rental USA in August 2007.

    Issued on: August 30, 2010.
Joseph S. Carra,
Acting Associate Administrator for Rulemaking.
[FR Doc. 2010-21945 Filed 9-2-10; 8:45 am]
BILLING CODE 4910-59-P