[Federal Register Volume 77, Number 179 (Friday, September 14, 2012)]
[Notices]
[Pages 56828-56829]
[FR Doc No: 2012-22648]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

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

    Docket Numbers: EC12-139-000.
    Applicants: Dogwood Energy LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act and Request for Waivers, Expedited Action and
Shortened Comment Period of Dogwood Energy LLC.
    Filed Date: 9/7/12.
    Accession Number: 20120907-5152.
    Comments Due: 5 p.m. ET 9/28/12.

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

    Docket Numbers: ER12-1355-002.
    Applicants: Iron Energy LLC.
    Description: Notice of Non-Material Change in Status and Tariff
Revisions to be effective 9/7/2012.
    Filed Date: 9/6/12.
    Accession Number: 20120906-5107.
    Comments Due: 5 p.m. ET 9/27/12.

    Docket Numbers: ER12-2206-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company's Response to
August 10, 2012 letter requesting additional information.
    Filed Date: 9/7/12.
    Accession Number: 20120907-5121.
    Comments Due: 5 p.m. ET 9/28/12.

    Docket Numbers: ER12-2208-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company's Response to
August 10, 2012 letter requesting additional information.
    Filed Date: 9/7/12.
    Accession Number: 20120907-5121.
    Comments Due: 5 p.m. ET 9/28/12.

    Docket Numbers: ER12-2398-000.
    Applicants: NRG Solar Borrego I LLC.
    Description: NRG Solar Borrego I LLC's Amendment to Application for
Market-Based Rate Authority and Associated Waivers and Blanket
Approvals.
    Filed Date: 8/15/12.
    Accession Number: 20120815-5132.
    Comments Due: 5 p.m. ET 9/28/12.

    Docket Numbers: ER12-2590-000.
    Applicants: DR Power, LLC.
    Description: DR Power, LLC MBR Application Filing to be effective
11/1/2012.
    Filed Date: 9/6/12.
    Accession Number: 20120906-5102.
    Comments Due: 5 p.m. ET 9/27/12.

    Docket Numbers: ER12-2591-000.
    Applicants: Monongahela Power Company.
    Description: Facilities Lease and Assignment Agreement including
Revised Exhibit A to be effective 9/1/2012.
    Filed Date: 9/6/12.
    Accession Number: 20120906-5103.
    Comments Due: 5 p.m. ET 9/21/12.

    Docket Numbers: ER12-2592-000.
    Applicants: Southern California Edison Company.
    Description: SGIA SCE-SCE, Tehachapi Wind Energy Storage Project to
be effective 9/8/2012 under.
    Filed Date: 9/7/12.
    Accession Number: 20120907-5000.
    Comments Due: 5 p.m. ET 9/28/12.

    Docket Numbers: ER12-2593-000.
    Applicants: PPL EnergyPlus, LLC.
    Description: Hourly Coordination Agreement--Addendum to be
effective 9/7/2012.
    Filed Date: 9/7/12.
    Accession Number: 20120907-5004.
    Comments Due: 5 p.m. ET 9/28/12.

    Docket Numbers: ER12-2594-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Original Service Agreement No. 3392; Queue No. Y1-045
to be effective 8/10/2012.
    Filed Date: 9/7/12.
    Accession Number: 20120907-5083.
    Comments Due: 5 p.m. ET 9/28/12.

    Docket Numbers: ER12-2595-000.
    Applicants: Southern California Edison Company.
    Description: Notice of Cancellation to SGIA and DSA 13048 Valley
Blvd., Fontana Roof Top Solar to be effective 7/27/2011.
    Filed Date: 9/7/12.
    Accession Number: 20120907-5084.
    Comments Due: 5 p.m. ET 9/28/12.

    Docket Numbers: ER12-2596-000.
    Applicants: MidAmerican Energy Company.
    Description: MEAN-MidAmerican Transmission Revenue Credits to be
effective 9/1/2012.
    Filed Date: 9/7/12.
    Accession Number: 20120907-5110.
    Comments Due: 5 p.m. ET 9/28/12.

    Docket Numbers: ER12-2597-000.
    Applicants: PPL Montana, LLC, PPL Colstrip II, LLC.
    Description: Notice of Cancellation of PPL Montana, LLC and PPL
Colstrip, II, LLC.
    Filed Date: 9/7/12.
    Accession Number: 20120907-5137.
    Comments Due: 5 p.m. ET 9/28/12.

    Docket Numbers: ER12-2598-000.
    Applicants: New York Independent System Operator, In NYISO Tariff
Revisions: OATT RS1--Operating Cost Funding Shortfall Resolution to be
effective 1/1/2013.
    Filed Date: 9/7/12.
    Accession Number: 20120907-5153.
    Comments Due: 5 p.m. ET 9/28/12.

    Docket Numbers: ER12-2599-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Reqeust for Waiver of PJM. Interconnection, L.L.C.
    Filed Date: 9/7/12.
    Accession Number: 20120907-5154.
    Comments Due: 5 p.m. ET 9/28/12.

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

    Docket Numbers: ES12-54-000.
    Applicants: Brookfield Smoky Mountain Hydropower LLC, Smoky
Mountain Transmission LLC.
    Description: Application for Authorization of the Assumption of
Liabilities and the Issuance of Securities under FPA Sec. 204 of Smoky
Mountain Transmission LLC and Brookfield Smoky Mountain Hydropower LLC.
    Filed Date: 9/6/12.
    Accession Number: 20120906-5114.
    Comments Due: 5 p.m. ET 9/27/12.

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

    Dated: September 7, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-22648 Filed 9-13-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 117 (Wednesday, June 18, 2014)]
[Notices]
[Pages 34756-34758]
[FR Doc No: 2014-14253]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-1588]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Tobacco Products,
Exemptions From Substantial Equivalence Requirements

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by July
18, 2014.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0684.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Tobacco Products, Exemptions From Substantial Equivalence
Requirements--(OMB Control Number 0910-0684)--Extension

    On June 22, 2009, the President signed the Family Smoking
Prevention and Tobacco Control Act (Tobacco Control Act) (Public Law
111-31) into law. The Tobacco Control Act amended the Federal Food,
Drug, and Cosmetic Act (the FD&C Act) by adding a chapter granting FDA
important authority to regulate the manufacture, marketing, and
distribution of tobacco products to protect the public health generally
and to reduce tobacco use by minors.
    The FD&C Act, as amended by the Tobacco Control Act, requires that
before a new tobacco product may be introduced or delivered for
introduction into interstate commerce, a manufacturer must submit a
premarket application to FDA, and FDA must issue an order finding that
the new product may be introduced or delivered for introduction into
interstate commerce (section 910 of the FD&C Act (21 U.S.C. 387j)). An
order under section 910 is not required, however, if a manufacturer
submits a report under section 905(j) of the FD&C Act (21 U.S.C.
387e(j) demonstrating the new tobacco product's substantial equivalence
to an appropriate predicate product, and FDA issues an order finding
the new product to be substantially equivalent to the predicate product
and in compliance with the requirements of the FD&C Act.
    FDA has established a pathway for manufacturers to request
exemptions from the substantial equivalence requirements of the FD&C
Act in Sec.  1107.1 (21 CFR 1107.1) of the Agency's regulations. As
described in Sec.  1107.1(a), FDA may exempt tobacco products that are
modified by adding or deleting a tobacco additive, or increasing or
decreasing the quantity of an existing tobacco additive, from the
requirement of demonstrating substantial equivalence if the Agency
determines that: (1) The modification would be a minor modification of
a tobacco product; (2) a report demonstrating substantial equivalence
is not necessary for the protection of public health; and (3) an
exemption is otherwise appropriate.
    Section 1107.1(b) states that a request for exemption under section
905(j)(3) of the FD&C Act may be made only by the manufacturer of a
legally marketed tobacco product for a minor modification to that
tobacco product and that the manufacturer must submit the request and
all information supporting it to FDA. The request must be made in an
electronic format that FDA can process, review, and archive (or a
written request must be made by the manufacturer explaining in detail
why the company cannot submit the request in an electronic format and
requesting an alternative means of submission to the electronic
format).
    An exemption request must contain: (1) The manufacturer's address
and contact information; (2) identification of the tobacco product(s);
(3) a detailed explanation of the purpose for the modification; (4) a
detailed description of the modification, including a statement as to
whether the modification involves adding or deleting a tobacco
additive, or increasing or decreasing the quantity of the existing
tobacco additive; (5) a detailed explanation of why the modification is
a minor modification of a tobacco product that can be sold under the
FD&C Act; (6) a detailed explanation of why a report under section
905(j)(1) of the FD&C Act intended to demonstrate substantial
equivalence is not necessary to ensure that permitting the tobacco
product to be marketed would be appropriate for protection of the
public health; (7) a certification (i.e., a signed statement by a
responsible official of the company) summarizing the supporting
evidence and providing the rationale for the official's determination
that the modification does not increase the tobacco product's appeal to
or use by minors, toxicity, addictiveness, or abuse liability; (8)
other information justifying an exemption; and (9) an environmental
assessment (EA) under part 25 (21 CFR part 25) prepared in accordance
with the requirements of Sec.  25.40.
    The National Environmental Policy Act (NEPA) (42 U.S.C. 4321-4347)
states national environmental objectives and imposes upon each Federal
agency the duty to consider the environmental effects of its actions.
Section 102(2)(C) of NEPA requires the preparation of an environmental
impact statement for every major Federal action that will significantly
affect the quality of the human environment.
    The FDA NEPA regulations are contained in part 25. All applications
for exemption from substantial equivalence require the submission of an
EA. An EA provides information that is used to determine whether an FDA
action could result in a significant environmental impact. Section
25.40(a) and (c) specifies the content requirements for EAs for
nonexcluded actions.
    The information required by Sec.  1107.1(b) is submitted to FDA so
FDA can determine whether an exemption from substantial equivalence to
the product is appropriate for the protection of the public health.
Section 1107.1(c) states that FDA will review the information submitted
and determine whether to grant or deny an exemption based on whether
the criteria in section 905(j)(3) of the FD&C Act are met. FDA may
request additional information if necessary to make a determination and
may consider the exemption request withdrawn if the information is not
provided within the requested timeframe.
    Section 1107.1(d) provides that FDA may rescind an exemption where
necessary to protect the public health.
    Section 905(j)(1)(A)(ii) of the FD&C Act states that if an
exemption has been requested and granted, a report must be submitted to
FDA that demonstrates that the tobacco product is modified within the
meaning of section 905(j)(3), the modifications are to a product that
is commercially marketed and in compliance with the requirements of the
FD&C Act, and all of the modifications are covered by exemptions
granted by the Secretary pursuant to section 905(j)(3).
    In the Federal Register of December 19, 2013 (78 FR 76838), FDA
published a 60-day notice requesting public comment on the proposed
collection of

information. Six comment submissions were received, some of which
included multiple comments.
    (Comment) Regarding the clarity of information collected, several
comments indicated some confusion between the information being
collected and the information needed to support an exemption request.
    (Response) Section 1107.1(a) sets out the general requirements for
requesting an exemption, but a manufacturer will need to determine how
to meet the requirements for any of its new products that use the
pathway. FDA intends to consider issuing a regulation or guidance to
further clarify terms as experience is gained with the pathway.
    (Comment) A few comments questioned the quality of the information
being requested.
    (Response) We disagree that the information required in an
exemption request is not sufficient. We believe the information
requested is what FDA needs to make a determination on an exemption
request. Furthermore, several commenters also agreed with the
sufficiency of the information needed to support an exemption request.
    (Comment) Many comments addressed the accuracy of FDA's estimate of
the burden for requesting a modification to an exemption request and
questioned whether this burden was underestimated. Additionally, there
was reference to the submittal of duplicative information.
    (Response) FDA disagrees with these comments. We believe the burden
estimates are appropriate and reflect the information needed by FDA
when reviewing an exemption request. FDA also disagrees that there is
duplicative information requested. The regulations implement the
requirements of the FD&C Act for the exemption pathway to market. The
commenters may be referring to the other notification and reporting
requirements related to additives, such as those in section 904(c) of
the FD&C Act (21 U.S. C. 387d(c)), but those requirements are not in
the scope of this information collection.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of                    Average burden
                                Activity                                     Number of     responses per   Total annual    per response     Total hours
                                                                            respondents     respondent       responses      (in hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
21 CFR 1107.1(b): Preparation of tobacco product exemption from                      500               1             500              12           6,000
 substantial equivalence request........................................
21 CFR 1107.1(c): Preparation of additional information for tobacco                  150               1             150               3             450
 product exemption from substantial equivalence request.................
21 CFR 25.40: Preparation of an environmental assessment................             500               1             500              12           6,000
Section 905(j)(1)(A)(ii) of the FD&C Act: If exemption granted, report               750               1             750               3           2,250
 submitted to demonstrate tobacco product is modified under section
 905(j)(3), modifications are to a product that is commercially marketed
 and compliant product, and modifications covered by exemptions granted
 by Secretary pursuant to section 905(j)(3).............................
                                                                         -------------------------------------------------------------------------------
    Total...............................................................  ..............  ..............  ..............  ..............          14,700
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    FDA estimates that 500 requests for exemption will be submitted
annually, and that it will take approximately 12 hours to prepare an
exemption request. FDA also estimates that up to 30 percent (150) of
the initial requests for information may require additional information
in support of the initial exemption request, and it is expected that it
will take an average of 3 hours to prepare the additional information.
FDA also estimates that 750 manufacturers will take approximately 12
hours to prepare and submit an EA under part 25 in accordance with the
requirements of Sec.  25.40, as referenced in Sec.  1107.1(b)(9).
    FDA estimates that 750 respondents will take 3 hours to prepare a
report under section 905(j)(1)(A)(ii) of the FD&C Act, which requires a
manufacturer to submit a report at least 90 days prior to making an
introduction or delivery into interstate commerce for commercial
distribution of a tobacco product. The report will contain the
manufacturer's basis that the tobacco product is modified within the
meaning of section 905(j)(3) of the FD&C Act, the modifications are to
a product that is commercially marketed and compliant with the FD&C
Act, the modifications are covered by exemptions granted pursuant to
section 905(j)(3), and a listing of actions taken to comply with any
applicable requirements of section 907 of the FD&C Act (21 U.S.C.
387g). FDA's estimates are based on experience with and information on
other FDA-regulated products and indications from industry.

    Dated: June 11, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-14253 Filed 6-17-14; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Notices]
[Page 55007]
[FR Doc No: 2020-19488]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-2746-000]

Riverstart Solar Park 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 Riverstart
Solar Park 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 September 17, 2020.
    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 may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: August 28, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-19488 Filed 9-2-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 169 (Friday, August 30, 2013)]
[Rules and Regulations]
[Pages 53664-53665]
[FR Doc No: 2013-21182]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0775]

Drawbridge Operation Regulations; Long Island, New York Inland
Waterway From East Rockaway Inlet to Shinnecock Canal, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Loop Parkway Bridge, mile 0.7, across Long Creek, and the Meadowbrook
Parkway Bridge, mile 12.8, across Sloop Channel, both at Hempstead, New
York. This deviation is necessary to facilitate the 2013 Dee Snider's
Ride to Fight Hunger on Long Island. The deviation allows the two
bridges to remain in the closed position during this public event.

DATES: This deviation is effective from 11 a.m. through 1 p.m. on
September 8, 2013.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2013-0775 and are available online
at www.regulations.gov. Type the docket number in the ``SEARCH'' box
and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140, on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC, 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Judy Leung-Yee, Project Officer, First Coast Guard
District, telephone<PHONE_NUMBER><EMAIL_ADDRESS>If you
have questions on viewing the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Loop Parkway Bridge, mile 0.7, across
Long Creek has a vertical clearance in the closed position of 21 feet
at mean high water and 25 feet at mean low water. The existing
drawbridge operation regulations are listed at 33 CFR 117.799(f).
    The Meadowbrook Parkway Bridge, mile 12.8, across Sloop Channel has
a vertical clearance in the closed position of 22 feet at mean high
water and 25 feet at mean low water. The existing drawbridge operation
regulations are listed at 33 CFR 117.799(h). Long Creek and Sloop
Channel are transited by commercial fishing and recreational vessel
traffic.
    The bridge owner for both bridges, the State of New York Department
of Transportation, requested bridge closures to facilitate a public
event, the 2013 Dee Snider's Ride to Fight Hunger.
    Under this temporary deviation the Loop Parkway and the Meadowbrook
Parkway Bridges may remain in the closed position between 11 a.m. and 1
p.m. on September 8, 2013, to facilitate a public event, the 2013 Dee
Snider's Ride.
    There are no alternate routes for vessel traffic; however, vessels
that can pass under the closed draws during this closure may do so at
any time. The bridges may be opened in the event of an emergency. The
Coast Guard will inform the users of the waterways through our Local
and/or Broadcast Notices to Mariners of the change in operating
schedule for the bridges so that vessels can arrange their transits to
minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: August 21, 2013.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. 2013-21182 Filed 8-29-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 205 (Tuesday, October 23, 2012)]
[Rules and Regulations]
[Pages 64720-64722]
[FR Doc No: 2012-26004]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0811]
RIN 1625-AA00

Safety Zone: Atlantic Intracoastal Waterway; Oak Island, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is extending the timeframe for a temporary
safety zone established on the waters of the Atlantic Intracoastal
Waterway at Oak Island, North Carolina. The safety zone is necessary to
provide for the safety of mariners on navigable waters during
maintenance on the NC 133 Fixed Bridge crossing the Atlantic
Intracoastal Waterway, mile 311.8, at Oak Island, North Carolina. The
safety zone extension will temporarily restrict vessel movement within
the designated area starting on December 12, 2012 through February 14,
2013.

DATES: This rule is effective from December 12, 2012 through February
14, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0811. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email CWO4 Joseph M. Edge, U.S. Coast Guard Sector North
Carolina; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you
have questions on viewing or submitting material to the docket, call
Renee V. Wright, Program Manager, Docket Operations, telephone (202)
366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard published a Notice of Proposed Rulemaking (NPRM)
for this rule on September 13, 2012 (77 FR 56587). We received no
comments in response to the NPRM. No public meeting was requested, and
none was held.

B. Basis and Purpose

    North Carolina Department of Transportation has awarded a contract
to Marine Contracting Corporation of Virginia Beach, Virginia to
perform bridge maintenance on the NC 133 Fixed Bridge crossing the
Atlantic Intracoastal Waterway, mile 311.8, at Oak Island, North
Carolina. The contract provides for replacing the fender system to
commence on September 12, 2012 with a completion date of December 12,
2012. The contractor has been granted an extension by North Carolina
Department of Transportation until February 14, 2013 to complete the
bridge maintenance. The contractor will utilize a 140 foot deck barge
with a 40 foot beam as a work platform and for equipment staging. A
safety zone is

needed to provide a safety buffer to transiting vessels as bridge
repairs present potential hazards to mariners and property due to
reduction of horizontal clearance.

C. Discussion of Comments, Changes and the Final Rule

    We received no comments on the proposed rule. No public meeting was
requested, and none was held.
    The temporary safety zone will encompass the waters directly under
the NC 133 Fixed Bridge crossing the Atlantic Intracoastal Waterway,
mile 311.8, at Oak Island, North Carolina (33[deg]55'18'' N/
078[deg]04'22'' W). All vessels transiting this section of the waterway
requiring a horizontal clearance of greater than 50 feet will be
required to make a one hour advanced notification to the work
supervisor at the NC 133 Fixed Bridge while the safety zone is in
effect. This initial zone (published July 30, 2012, at 77 FR 35906) is
in effect from 8 a.m. September 12, 2012 through 8 p.m. December 12,
2012. The extension will be in effect from 8 p.m. December 12, 2012
through 8 p.m. February 14, 2013.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This rule does not
restrict traffic from transiting a portion of the Atlantic Intracoastal
Waterway, it imposes a one hour notification to ensure the waterway is
clear of impediment to allow passage to vessels requiring a horizontal
clearance of greater than 50 feet.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities. This rule would affect the
following entities, some of which may be small entities: the owners or
operators of commercial tug and barge companies, recreational and
commercial fishing vessels intending to transit the specified portion
of Atlantic Intracoastal Waterway from 8 p.m. December 12, 2012 through
8 p.m. February 14, 2013.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons.
Although the safety zone will apply to this section of the Atlantic
Intracoastal Waterway, vessel traffic will be able to request passage
by providing a one hour advanced notification. Before the effective
period, the Coast Guard will issue maritime advisories widely available
to the users of the waterway.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,

because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This proposed rule involves the establishment of a
temporary safety zone. This rule is categorically excluded from further
review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T05-0811 to read as follows:

Sec.  165.T05-0811  Safety Zone, Atlantic Intracoastal Waterway; Oak
Island, NC.

    (a) Regulated area. The following area is a safety zone: This zone
includes the waters directly under and 100 yards either side of the NC
133 Fixed Bridge crossing the Atlantic Intracoastal Waterway, mile
311.8, at Oak Island, North Carolina (33[deg]55'18'' N/078[deg]04'22''
W).
    (b) Regulations. The general safety zone regulations found in 33
CFR 165.23 apply to the safety zone created by this temporary section,
Sec.  165.T05-0811. In addition the following regulations apply:
    (1) All vessels requiring greater than 50 feet horizontal clearance
to safely transit through the NC 133 Fixed Bridge crossing the Atlantic
Intracoastal Waterway, mile 311.8, at Oak Island, North Carolina must
contact the work supervisor on VHF-FM marine band radio channels 13 and
16 one hour in advance of intended transit.
    (2) All Coast Guard assets enforcing this safety zone can be
contacted on VHF-FM marine band radio channels 13 and 16.
    (3) The operator of any vessel within or in the immediate vicinity
of this safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on board a vessel displaying a
Coast Guard Ensign, and
    (ii) Proceed as directed by any commissioned, warrant or petty
officer on board a vessel displaying a Coast Guard Ensign.
    (c) Definitions. (1) Captain of the Port North Carolina means the
Commander, Coast Guard Sector North Carolina or any Coast Guard
commissioned, warrant or petty officer who has been authorized by the
Captain of the Port to act on his behalf.
    (2) Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port North Carolina to assist in enforcing the safety zone described in
paragraph (a) of this section.
    (3) Work Supervisor means the contractor's on site representative.
    (d) Enforcement. The U.S. Coast Guard may be assisted by Federal,
State and local agencies in the patrol and enforcement of the zone.
    (e) Enforcement period. This section will be enforced from 8 p.m.
December 12, 2012 through 8 p.m. February 14, 2013 unless cancelled
earlier by the Captain of the Port.

    Dated: October 4, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2012-26004 Filed 10-22-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: March 9, 2007 (Volume 72, Number 46)]
[Notices]
[Page 10807-10808]
[DOCID:fr09mr07-140]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55391; File No. SR-NSCC-2007-04]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to Collateral Management Service

March 2, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of
1934,\1\ notice is hereby given that on February 22, 2007, the National
Securities Clearing Corporation (``NSCC'') filed with the Securities
and Exchange Commission (``Commission'') the proposed rule change as
described in Items I, II, and III below, which Items have been prepared
substantially by NSCC. NSCC filed the proposed rule change pursuant to
Section 19(b)(3)(A)(iii) of the Act \2\ and Rule 19b-4(f)(4) \3\
thereunder so that the proposal was effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    Under the proposed rule change, NSCC will eliminate references to
the Collateral Management Service (``CMS'') in its rules and
procedures.

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

    In its filing with the Commission, NSCC 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. NSCC 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

    NSCC has offered CMS to its members since 1995.\4\ CMS was created
to provide NSCC members with access on a daily basis to information
regarding their clearing fund, margin, and other similar requirements
and deposits (``CMS data'') at NSCC, other participating clearing
agencies registered with the Commission, and clearing organizations
recognized by the Commodity Futures Trading Commission (collectively,
``Participating Clearing Entities'' \5\). The information included such
things as excess or deficit amounts and data on underlying collateral.
The CMS service also permitted Participating Clearing Entities to
receive CMS data with respect to their participants.
---------------------------------------------------------------------------

    \4\ Securities Exchange Act Release No. 36091 (Aug. 10, 1995),
60 FR 42931 (Aug. 17, 1995) [File No. SR-NSCC-95-6]. See also
Securities Exchange Act Release Nos. 38283 (Feb. 13, 1997), 62 FR
38283 (Feb. 21, 1997) [File No. SR-NSCC-96-19], and 40740 (Dec. 3,
1998), 63 FR 67962 (Dec. 9, 1998) [File No. SR-NSCC-98-10].
    \5\ The original Participating Clearing Entities were:
Participants Trust Company, Philadelphia Depository Trust Company,
Stock Clearing Corporation of Philadelphia, Boston Stock Exchange
Clearing Corporation, The Depository Trust Company, The Options
Clearing Corporation, MBS Clearing Corporation, and Government
Securities Clearing Corporation.
---------------------------------------------------------------------------

    However, few NSCC members elected to use CMS because they can
obtain access to CMS data by other means provided by NSCC. In addition,
by the end of 2004, the Participating Clearing Entities had long ceased
transmitting CMS data to NSCC, and the service had become dormant.
Accordingly, NSCC will delete Rule 53 and Procedure XVI (Collateral
Management Service), will delete all references to CMS from Rule 4,
Section 9 (Clearing Fund), and will amend Rule 49 (Release of Clearing
Data) to preserve NSCC's right to share clearing fund data with
appropriate regulatory and self-regulatory organizations.
    NSCC believes that the proposed rule change is consistent with
Section 17A of the Act \6\ and the rules and regulations thereunder
because by eliminating rules pertaining to an obsolete and dormant
service, while preserving its right to share clearing fund data with
appropriate regulatory bodies, NSCC's rules will more accurately
reflect the services it provides to its members.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

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

    NSCC does not believe that the proposed rule change will have any
impact or impose any burden on competition.

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

    NSCC has discussed the proposed rule change with Participating
Clearing Entities but has not solicited or received written comments
relating to the proposed rule change. NSCC will notify the Commission
of any written comments it receives.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(iii) of the Act \7\ and Rule 19b-4(f)(4) \8\ thereunder
because it effects a change in an existing service of a registered
clearing agency that does not adversely affect the safeguarding of
securities and funds in the custody or control of the clearing agency
or for which it is responsible and does not significantly affect the
respective rights or obligations of the clearing agency or persons
using the service. At any time within 60 days of the filing of the
proposed rule change, the Commission may summarily abrogate 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \8\ 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http:/www.sec.gov/rules/.
 sro.shtml); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File No. SR-NSCC-2007-04 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File No. SR-NSCC-2007-04. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549. Copies of such filing also will be available
for inspection and copying at NSCC's principal office and on NSCC's Web
site at http://www.nscc.com/legal/index.html. 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 submission
should refer to File No. SR-NSCC-2007-04 and should be submitted on or
before March 30, 2007.

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-4189 Filed 3-8-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: June 19, 2006 (Volume 71, Number 117)]
[Proposed Rules]
[Page 35226-35230]
[DOCID:fr19jn06-27]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 260

[Docket No. RM06-18-000]

Revision of Regulations To Require Reporting of Damage to Natural
Gas Pipeline Facilities

Issued June 9, 2006.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Federal Energy Regulatory Commission (Commission) proposes
to amend its regulations requiring the reporting of natural gas
pipeline service interruptions to add a requirement that jurisdictional
natural gas pipelines report damage to pipeline facilities that results
in loss of or reduction in service through such facilities, and when
service through such facilities has been restored. The Commission also
proposes to amend its regulations to eliminate references to reporting
by telegraph and to require reporting by e-mail or, as currently
provided, by facsimile. The Commission further proposes to amend its
regulations to change, from 20 to 30 days, the time by which a company
must file with the Commission a copy of any incident report required by
the U.S. Department of Transportation. The Commission invites public
comments on these proposed revisions, which the Commission has
determined are needed to ensure timely identification of damage to the
nation's natural gas infrastructure as the result of hurricanes or
other causes.

DATES: Comments are due July 19, 2006.

ADDRESSES: Comments may be filed electronically via the eFiling link on
the Commission's Web site at http://www.ferc.gov. The Commission

encourages electronic filing. Commenters unable to file comments
electronically must send an original and 14 copies of their comments
to: Federal Energy Regulatory Commission, Secretary of the Commission,
888 First Street NE., Washington, DC 20426. Refer to the Comment
Procedures section of the preamble for additional information on how to
file comments.

FOR FURTHER INFORMATION CONTACT:

Berne Mosley, Office of Energy Projects, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426.
<EMAIL_ADDRESS>(202) 502-8625.

Howard Wheeler, Office of Energy Projects, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426.
<EMAIL_ADDRESS>(202) 502-8688.

William Blome, Office of the General Counsel, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426.
<EMAIL_ADDRESS>(202) 502-8462.

SUPPLEMENTARY INFORMATION:

I. Introduction

    1. The Federal Energy Regulatory Commission is proposing to amend
section 260.9 of its regulations.\1\ Currently, section 260.9 requires
that a natural gas company submit a report only when it experiences a
serious service interruption involving facilities operated under
certificate authority granted by the Commission under the Natural Gas
Act (Act).\2\ However, in situations where natural gas pipeline
facilities are damaged, service interruptions can sometimes be avoided
by rerouting gas supplies through other facilities or by means of other
delivery arrangements. In these situations, section 260.9 does not
presently require that companies report the damage to their pipeline
facilities.
---------------------------------------------------------------------------

    \1\ 18 CFR 260.9 (2005).
    \2\ 15 U.S.C. 717-717z (2006).
---------------------------------------------------------------------------

    2. Even when arrangements can be made to avoid service
interruptions as the result of damage to specific pipeline facilities,
such damage can nevertheless place a strain on the nation's natural gas
infrastructure. Widespread, severe damage can seriously threaten the
stability of the infrastructure. The damage done by Hurricanes Katrina
and Rita in the Gulf Coast area in late summer 2005 was widespread and
severe. Offshore energy production was shut-in; pipelines, power lines,
and other means of energy transportation were seriously damaged; and
other important parts of the energy infrastructure system, such as
natural gas processing plants, were closed. Hurricane recovery efforts
are still ongoing.\3\
---------------------------------------------------------------------------

    \3\ As of May 3, 2006, shut-in gas production in the Gulf of
Mexico from the two hurricanes was equivalent to 12.95% of current
daily gas production. Hurricane Katrina/Hurricane Rita Evacuation
and Production Shut-in Statistics Report as of Wednesday, May 3,
2006 [Final Report], U.S. Department of the Interior, Minerals
Management Service (May 3, 2006).

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

    3. Before, during, and after the hurricanes, the U.S. Department of
Energy led the federal effort to collect energy infrastructure
information in accordance with the National Response Plan.\4\ As a
participant in this effort, the Commission became aware that, while
jurisdictional companies had kept the Commission informed of service
interruptions as required by section 260.9 of the regulations, vital
information regarding the physical condition of facilities affecting
operation of the pipeline grid remained unknown to the Commission. This
was generally attributable to the following factors: (1) Only
interruptions of firm service lasting more than three hours were
required to be reported; (2) service requirements are generally lower
during the ``shoulder'' months of September through November; (3)
pipelines and shippers were able to adjust nomination schedules; and
(4) pipelines were able to make operational changes to meet firm
service obligations, such as by rerouting flows and drawing upon
storage volumes. The Commission took ad hoc steps at that time to
collect information regarding the operational status of natural gas
pipeline facilities, including informally requesting pipeline companies
to report on all damaged facilities and service interruptions, and
requesting industry groups, such as the Interstate Natural Gas
Association of America (INGAA) and the American Gas Association (AGA),
to report on the condition of infrastructure.
---------------------------------------------------------------------------

    \4\ Homeland Security Presidential Directive (HSPD)-5, issued
February 28, 2003, directed the Secretary of Homeland Security to
develop a National Response Plan establishing a comprehensive all-
hazards approach to enhance the ability of the United States to
manage domestic incidents. The National Response Plan issued in
December 2004 includes protocols to help protect and restore
critical infrastructure and key resources. Further information is
provided on Homeland Security Web site at http://www.dhs.gov/dhspublic/interapp/editorial/editorial_0566.xml
.

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

    4. In order to encourage rapid restoration of service, the
Commission took a number of actions, including temporarily raising cost
limits and including mainline facilities within the definition of
eligible facilities that may be constructed by natural gas companies
under their part 157, subpart F blanket certificates; \5\ granting
waivers on a case-by-case basis \6\ of the 120-day limit and other
conditions in the part 284, subpart L emergency regulations; \7\ and
granting waivers of tariff provisions to allow delivery of gas at
alternative points when the usual delivery points were out of service
from hurricane damage.\8\
---------------------------------------------------------------------------

    \5\ Expediting Infrastructure Construction to Speed Hurricane
Recovery, 113 FERC ] 61,169 (2005). On February 22, 2006, the
Commission extended until February 28, 2007, the time by which
blanket certificate facilities constructed pursuant to these waivers
must be placed into service. 114 FERC ] 61,186 (2006). The
Commission's regulations governing Part 157 blanket certificate
activities are set forth at 18 CFR 157.201 et seq. (2005).
    \6\ See, e.g., Discovery Gas Transmission, LLC, 113 FERC ]
61,025 (2005).
    \7\ 18 CFR 284.261 et seq. (2005).
    \8\ Southern Natural Gas Company, 113 FERC ] 61,218 (2005).
---------------------------------------------------------------------------

    5. As described above, the Commission has regulations in place and
can grant appropriate waivers for natural gas companies to undertake
necessary construction activities in crisis situations. However, the
Commission's current reporting requirements are not adequate to permit
a reliable ``snapshot'' of the natural gas infrastructure at any given
time.\9\ This inadequacy can be addressed by amending section 260.9 to
require that jurisdictional companies report any damage to facilities
that limits service through those facilities, regardless whether
service can be maintained by rerouting gas supplies through other
facilities or by other means. The approaching hurricane season or other
events such an earthquake or terrorist attack could result in damage to
essential natural gas facilities or make it necessary to evacuate the
pipeline personnel essential to the operation of such facilities. The
Commission needs to ensure that it will have adequate information to
assess the status of the nation's gas infrastructure at any given time
and communicate such information to other agencies, such as the U.S.
Department of Energy and U.S. Department of Transportation.
Accordingly, the Commission is proposing to revise its reporting
requirements in section 260.9 of the regulations, as described below.
---------------------------------------------------------------------------

    \9\ In particular, a pipeline is only required to make an annual
report of its construction activities under the automatic provisions
of the blanket certificate regulations in part 157, subpart F.
Section 157.207 of the regulations requires that a pipeline file
this annual report on or before May 1 of each year. See 18 CFR
157.207 (2005). Since June 1 is the official start of the hurricane
season, almost an entire year can pass before a pipeline is required
by section 157.207 to report construction activities in response to
hurricane damage under its part 157 blanket certificate. Further,
the information provided in these annual reports is not sufficient
to determine whether a particular blanket certificate construction
was undertaken due to damage to facilities resulting from a
hurricane or other cause. In addition, while the emergency
regulations in part 284, subpart, 18 CFR 284.261 et seq, require
that the commencement of an emergency transportation, sale or
exchange transaction be reported within 48 hours, the emergency
regulations do not require the reporting of damage to facilities
that may have made the emergency transaction necessary or reporting
regarding facilities constructed to address the emergency. Thus,
even if permanent authority to operate emergency facilities is later
sought either under the temporary certificate provisions of section
157.17 or under the part 157 blanket certificate prior notice
provisions, as suggested under the definition of ``emergency
facilities'' in section 284.262, information regarding any damaged
facilities may be inadequate or not known for some time.
---------------------------------------------------------------------------

II. Summary of Proposed Regulations

    6. Section 260.9(a) currently requires that natural gas companies
report serious service interruptions. The proposed regulations would
add a new requirement that natural gas companies report (1) damage to
certificated natural gas facilities that results in loss of or
reduction in service through such facilities, and (2) when service
through such facilities has been restored.
    7. Section 260.9(b) would be amended to remove the reference to
``telegraph'' and to require that natural gas companies make required
reports of interruptions to service or damage to facilities by e-mail
or, as currently provided for in section 260.9(b), facsimile
transmission.\10\ All reports shall be due at the earliest feasible
time after an interruption of service or damage to pipeline facilities
for which a report is required.
---------------------------------------------------------------------------

    \10\ On May 27, 2005, the Commission issued a notice of proposed
rulemaking in Docket No. RM05-12-000 which proposed, inter alia, to
remove references to ``telegraph'' from section 260.9. See
Modification of Natural Gas Reporting Regulations, 111 FERC ] 61,280
(2005). Adoption of this notice of proposed rulemaking's proposal to
remove references to ``telegraph'' would supersede the proposal in
Docket No. RM05-12-000 to revise section 260.9.
---------------------------------------------------------------------------

    8. The information requirement of section 260.9(b) also would be
revised to reflect the addition of the proposed new requirement that
natural gas companies report damage to facilities and subsequently
report when full service through such facilities has been restored. As
revised, section 260.9(b) would require that a report of service
interruption or damage to natural gas facilities state:
    (1) The location and cause of the service interruption or damage to
pipeline or other certificated natural gas facilities;
    (2) The nature of any damage to natural gas facilities;
    (3) Specific identification of any natural gas facilities damaged;
    (4) The time the service interruption or damage to natural gas
facilities occurred;
    (5) The customers affected by the service interruption or damage to
natural gas facilities;
    (6) Emergency actions taken to maintain service; and

    (7) Company contact and telephone number.
    9. Section 260.9(b) also would be revised to require that a company
make a subsequent report stating when full service through damaged
natural gas facilities has been restored.
    10. Section 260.9(d) would be revised to change, from 20 days to 30
days following a service interruption or damage to facilities, the time
within which a natural gas pipeline company must furnish to the
Commission a copy of any incident report required by the U.S.
Department of Transportation's reporting requirements under the Natural
Gas Pipeline Safety Act of 1968.\11\ This revision is proposed because
the U.S. Department of Transportation provides up to 30 days for
incident reports to be made.
---------------------------------------------------------------------------

    \11\ 49 U.S.C. 60101 et seq.
---------------------------------------------------------------------------

    11. Section 260.9(e) currently requires that a company send copies
of reports of service interruptions to state commissions. Section
260.9(e) would be revised by adding a new requirement that a company
also must send state commissions copies of required reports of damage
to facilities.

III. Environmental Analysis

    12. The Commission is required to prepare an Environmental
Assessment (EA) or an Environmental Impact Statement (EIS) for any
action that may have a significant adverse effect on the human
environment.\12\ No environmental consideration is raised by the
promulgation of a rule that is procedural in nature or does not
substantially change the effect of legislation or regulations being
amended.\13\
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    \12\ Order No. 486, Regulations Implementing the National
Environmental Policy Act, 52 FR 47897 (December 17, 1987), FERC
Stats. & Regs. Preambles 1986-1990 ] 30,783 (1987).
    \13\ 18 CFR 380.4(a)(2)(ii) (2005).
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    13. The regulations proposed herein would make relatively minor
changes to the type of information to be provided to the Commission by
pipeline companies and the way in which it is provided, and would
slightly alter the timeframe (by giving the companies more time) in
which the copy of the incident report required to be filed with the
U.S. Department of Transportation must be filed with the Commission.
The modified procedures would not substantially change the regulatory
requirements to which the pipeline companies are currently subject.
Accordingly, preparation of an environmental document is not required.

IV. Regulatory Flexibility Act Statement

    14. The Regulatory Flexibility Act of 1980 (RFA) \14\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
The Commission is not required to make such an analysis if proposed
regulations would not have such an effect. Under the industry standards
used for the RFA, a natural gas pipeline company qualifies as ``a small
entity'' if it has annual receipts of $6.5 million or less.
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    \14\ 5 U.S.C. 601-612.
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    15. Most companies regulated by the Commission do not fall within
the RFA's definition of a small entity.\15\ Approximately 114 natural
gas companies are potentially subject to the additional requirements
proposed by this notice. For the year 2004 (the most recent year for
which information is available), 32 of these companies had annual
revenues of less than $6.5 million. Of these 32 companies, 23 were non-
major gas companies.
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    \15\ 5 U.S.C. 601(3), citing section 3 of the Small Business
Act, 15 U.S.C. 623. Section 3 of the SBA defines a ``small business
concern'' as a business which is independently owned and operated
and which is not dominant in its field of operation. The Small
Business Size Standards component of the North American Industry
Classification System (NAICS) defines a small natural gas pipeline
company as one that transports natural gas and whose annual receipts
(total income plus cost of goods sold) did not exceed $6.5 million
for the preceding year. 13 CFR 121.201.
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    16. As discussed above, section 260.9 of the regulations already
requires natural gas companies to report serious service interruptions.
Frequently, service interruptions are due to damage to facilities.
Thus, the proposed new reporting requirements will only increase the
number of reports that a company is required to file to the extent that
damage to facilities does not result in a loss of or reduction in
service. Further, the required information will already be known and
identified by companies and can be submitted either by e-mail or
facsimile.
    17. In view of these considerations, the Commission hereby
certifies that this notice's proposed amendments to the regulations, if
promulgated, will not have a significant impact on a substantial number
of small entities.

V. Information Collection Statement

    18. The Office of Management and Budget (OMB) regulations require
that OMB approve certain reporting, record keeping, and public
disclosure (collections of information) requirements imposed by federal
agencies.\16\ Pursuant to OMB regulations, the Commission is providing
notice of its proposed information collection to OMB for review under
section 3507(d) of the Paperwork Reduction Act of 1995 (PRA).\17\
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    \16\ 5 CFR 1320.11 (2005).
    \17\ 44 U.S.C. 3507(d) (2005).
---------------------------------------------------------------------------

    19. As stated above, section 260.9 of the regulations already
requires natural gas companies to report serious service interruptions.
Frequently, service interruptions are due to damage to facilities.
Thus, while the proposed new requirements will require reports of
damage to facilities and subsequent reports of restoration of service,
the proposed regulations will only increase the number of reports that
a company is required to file to the extent that damage to facilities
does not result in a loss of or reduction in service.
    20. Further, information regarding damage to facilities will be
readily ascertainable by companies and can be submitted either by e-
mail or facsimile. The current provisions of section 260.9 provide for
reports only by telegraph or facsimile. Telegraph is no longer a
feasible option. Therefore, the proposed regulations require the
companies to provide reports by facsimile or e-mail. Such electronic
submission of information will reduce the number of data entry errors,
permit Commission staff to conduct analysis in a timely manner, and
provide for the storage of information on digital storage media.
    21. Electronic filing saves time and resources for all parties
since electronic filings require fewer personnel than paper filings by
avoiding the need for paper processing and mailing. The integrity of
the information should increase because jurisdictional entities and the
Commission will be able to correct errors more promptly.
    22. The Commission also expects that the requirements prescribed
here will reduce the burden on the industry of reporting similar or
identical information to multiple sources, since information collected
by the Commission can be requested from the Commission by other
agencies with a need for such information. For example, as discussed
above, following Hurricanes Katrina and Rita, the Commission was called
upon the U. S. Department of Energy for assistance in collecting energy
infrastructure information in accordance with the National Response
Plan.
    23. FERC-576, ``Report of Service Interruptions,'' identifies the
Commission's information collection relating to part 260, ``Statements
and Reports (Schedules),'' of the regulations which apply to natural
gas pipeline

companies having facilities subject to the Commission's jurisdiction
under the Natural Gas Act. The instant notice of proposed rulemaking
would require natural gas pipeline companies to report damage to
jurisdictional facilities and restoration of service, in addition to
the service interruptions already required to be reported. The proposed
regulations also would require a company to submit a copy of a damage
report to the relevant state agency and to submit to the Commission any
incident report required by the U.S. Department of Transportation
pursuant to the Natural Gas Pipeline Safety Act of 1968.\18\
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    \18\ 49 U.S.C. Chapter 601.
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    23. Comments are solicited on the Commission's need for this
information, whether the information will have practical utility, the
accuracy of the burden estimates provided herein, ways to enhance the
quality, utility and clarity of the information to be collected, and
any suggested methods for minimizing respondents' burden, including the
use of automated information technologies.
    24. The proposed new reporting requirements require a company to
(1) make a report of damage to facilities that results in a loss or
reduction of service through those particular facilities; (2) send a
copy of the damage report to the relevant state commission; (3) make a
follow-up report when full service has been restored through the
damaged facilities; and (4) submit a copy of any incident report
required by the Department of Transportation's regulations.
    25. The current provisions of section 260.9 allow for significantly
damaged facilities to remain unreported when an interruption to service
can be avoided. The Commission estimates that the new reporting
requirements to fill this gap will result in 15 companies (respondents)
being required to make at least one damage report. The Commission
further estimates that the new reporting requirements will result in
the submission of 35 damage reports. The Commission estimates that a
company will need 75 minutes to prepare and submit a damage report; 15
minutes to submit a copy of the damage report to the relevant state
commission; 15 minutes to prepare and submit a follow-up restoration of
service report; and 15 minutes to submit a copy of a USDOT incident
report. For purposes of preparing burden estimates for this rulemaking,
the Commission treats all four of these requirements as one response,
with the total time required being two hours.
    26. In view of the above, the burden estimates for complying with
the additional filing requirements of this rule pursuant to the
procedures in proposed amended section 260.9 of the Commission's
regulations are as set forth below:

----------------------------------------------------------------------------------------------------------------
                                                 Number of        Number of        Hours per
               Data collection                  respondents       responses         response       Total hours
----------------------------------------------------------------------------------------------------------------
FERC-576....................................              15               35                2               70
----------------------------------------------------------------------------------------------------------------

    Total Annual Hours for Collection: 70.
    These are mandatory information collection requirements.
    Information Collection Costs: Because of the regional differences
and the various staffing levels that will be involved in preparing the
documentation (legal, technical and support) the Commission is using an
hourly rate of $150 to estimate the costs for filing and other
administrative processes (reviewing instructions, searching data
sources, completing and transmitting the collection of information).
The estimated cost is anticipated to be $10,500 (70 hours x $150).
    Title: FERC 576 ``Report of Service Interruptions.''
    Action: Proposed Information Collection.
    OMB Control No.: 1902-0004.
    Respondents: Natural gas companies/business or other for-profit.
    Frequency of Responses: On occasion.
    Necessity of Information: The proposed amended regulation will
revise the reporting requirements for service interruptions and damage
to facilities involving natural gas pipeline facilities subject to the
Federal Energy Regulatory Commission's jurisdiction. The information
filed with the Commission informs it of serious pipeline service
interruptions and also of damage to the nation's natural gas
infrastructure. The proposed amendment would enhance this information
by requiring filers to describe specifically which facilities have been
damaged and how the damage occurred.
    Internal Review: The Commission has assured itself, by means of
internal review, that there is specific, objective support for the
burden estimates associated with this information requirement. The
revisions will provide more complete, effective and useful information
to the Commission without significantly increasing the burden to the
regulated industry.
    27. Interested persons may obtain information on the information
requirements by contacting the following: The Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426 (Attention:
Michael Miller, Office of the Executive Director, Phone<PHONE_NUMBER>;
FAX<PHONE_NUMBER>; e-mail Michael.miller@ferc.gov).
    28. For submitting comments concerning the collection of
information and the associated burden estimate(s), including
suggestions for reducing this burden, please send your comments to the
contact listed above and to the Office of Management and Budget, Office
of Administrative and Regulatory Affairs, Washington, DC 20503
(Attention: Desk Officer for the Federal Energy Regulatory Commission,
Phone<PHONE_NUMBER>; FAX<PHONE_NUMBER>).

VI. Comment Procedures

    29. The Commission invites interested persons to submit comments on
the matters and issues proposed in this notice to be adopted, including
any related matters or alternative proposals that commenters may wish
to discuss. Comments are due 30 days after publication of this notice
of proposed rulemaking in the Federal Register. Comments must refer to
Docket No. RM06-18-000, and must include the commenters' names, the
organization they represent, if applicable, and their address in their
comments. Comments may be filed either in electronic or paper format.
The Commission encourages electronic filing.
    30. Comments may be filed electronically via the eFiling link on
the Commission's Web site at http://www.ferc.gov. The Commission

accepts most standard word processing formats and commenters may attach
additional files with supporting information in certain other file
formats. Commenters filing electronically do not need to make a paper
filing. Commenters unable to file comments electronically must send an
original and 14 copies of their

comments to: Federal Energy Regulatory Commission, Secretary of the
Commission, 888 First Street, NE., Washington, DC 20426.
    31. All comments will be placed in our public files and may be
viewed, printed, or downloaded remotely as described in the Document
Availability section below. Commenters are not required to serve copies
of their comments on other commenters.

VII. Document Availability

    32. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and print the contents of this document via the
Internet through FERC's Home Page (http://www.ferc.gov) and in FERC's

Public Reference Room during normal business hours (8:30 a.m. to 5 p.m.
Eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426.
    33. From FERC's Home Page on the Internet, this information is
available in the Commission's document management system, eLibrary. The
full text of this document is available in eLibrary in PDF and
Microsoft Word format for viewing, printing, and downloading. To access
this document in eLibrary, type the docket number excluding the last
three digits of this document in the docket number field.
    34. User assistance is available for eLibrary and the FERC's Web
site during normal business hours from our Help line at<PHONE_NUMBER>
or the Public Reference Room at<PHONE_NUMBER> Press 0, TTY (202) 502-
8659. E-mail the Public Reference Room at
<EMAIL_ADDRESS>

List of Subjects in 18 CFR Part 260

    Natural gas, Reporting and recordkeeping requirements.

    By direction of the Commission.
Magalie R. Salas,
Secretary.
    In consideration of the foregoing, the Commission proposes to amend
part 260 of Chapter I, Title 18, Code of Federal Regulations, as
follows:

PART 260--STATEMENTS AND REPORTS (SCHEDULES)

    1. The authority citation for part 260 continues to read as
follows:

    Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352.

    2. Section 260.9 is amended by revising the section heading and
paragraphs (a), (b), (d), and (e) to read as follows:

Sec.  260.9  Reports by natural gas pipeline companies on service
interruptions and damage to facilities.

    (a) Every natural gas company must report to the Director, Division
of Pipeline Certificates, at the earliest feasible time:
    (1) Damage to any pipeline or other natural gas facilities operated
under certificate authorization from the Commission that results in
loss of or reduction of service through those facilities; and
    (2) Serious interruptions of service to any shipper involving
facilities operated under certificate authorization from the
Commission. Such serious interruptions of service shall include
interruptions of service to communities, major government installations
and large industrial plants outside of communities or any other
interruptions which are significant in the judgment of the pipeline
company. Interruptible service interrupted in accordance with the
provisions of filed tariffs, interruptions of service resulting from
planned maintenance or construction and interruptions of service of
less than three hours duration need not be reported.
    (b) Any report of service interruption or damage to facilities
required by paragraph (a) of this section must be submitted by the
natural gas company by e-mail to<EMAIL_ADDRESS>or by
facsimile transmission to the Director, Division of Pipeline
Certificates, Office of Energy Projects at FAX number<PHONE_NUMBER>.
    (1) Reports shall be made at the earliest feasible time after an
interruption of service or damage to pipeline facilities for which a
report is required, and must state:
    (i) The location and cause of the service interruption or damage to
pipeline or other natural gas facilities;
    (ii) The nature of any damage to natural gas facilities;
    (iii) Specific identification of any facilities damaged;
    (iv) The time the service interruption or damage to facilities
occurred;
    (v) The customers affected by the service interruption or damage to
facilities;
    (vi) Emergency actions taken to maintain service; and
    (vii) Company contact and telephone number.
    (2) Following a report of damage to natural gas facilities
resulting in loss of or reduction of service through those facilities,
the natural gas company shall report to the Director, Division of
Pipeline Certificates, at the earliest feasible time when full service
has been restored.
* * * * *
    (d) Natural gas companies shall submit to the Director, Division of
Pipeline Certificates, within 30 days of each interruption of service
involving failure of facilities or of damage to any facilities on any
part of the natural gas pipeline system operated under certificate
authorization from the Commission a copy of any incident or damage
reports required by Department of Transportation reporting requirements
under the Natural Gas Pipeline Safety Act of 1968.
    (e) A copy of an e-mail or facsimile report pursuant to paragraph
(b) of this section on interruption of service or damage to facilities
must be sent to the State commission in those States where service has
been or might be affected.

[FR Doc. E6-9419 Filed 6-16-06; 8:45 am]

BILLING CODE 6717-01-P


Sector Facility Indexing Project February 24, 2003 The Sector Facility Indexing Project ( SFIP) is a product of the Office of Enforcement and Compliance Assurance ( OECA). It is a computerized database that integrates and provides public access to facility level environmental information in one location on the Internet. Data available from SFIP include compliance and inspection history, chemical releases, pollutant spills, production or production capacity data, and demographics of the population surrounding facilities.

Purpose: SFIP brings together environmental and other information from a number of data systems to produce accessible, WEB based facility level profiles for five industry sectors.

Chemicals: The five industries included in SFIP are petroleum refining; iron and steel production; primary nonferrous metal refining and smelting; pulp manufacturing; and automobile assembly. A subset of major federal facilities is also included. In order to be included, federal facilities must be classified as a " major" facility under at least 2 of 3 statutes: the Clean Air Act, the Clean Water Act, and the Resource Conservation and Recovery Act. These facilities belong to a variety of federal agencies including the Department of Defense ( DOD), Department of Energy ( DOE), National Aeronautical and Space Administration ( NASA), and the Department of the Interior ( DOI), among others.

Sample Locations: This is a compilation of existing data and information.

Sample Design: This is a compilation of existing data and information.

Time Period Covered: As of January 2002, the SFIP website presents " current" data from EPA's Integrated Data For Enforcement Analysis ( IDEA) system. Because IDEA is updated monthly, SFIP now presents more timely data than when it was limited to quarterly updates. The date of the IDEA data, for the data being displayed, appears at the top right hand of each facilitylevel statistics report and sector summary. Dates for the individual media databases being used ( e. g., PCS, TRI) appear at the bottom of each Detailed Facility Report. The TRI data currently being used is from 1999. A facility can now submit general or line specific comments directly to EPA by using the " Report Error" function of the system.

Evaluation Method: SFIP uses the following data elements or " Indicators":

Inspections: the number of state/ local and federal inspections that have occurred at each facility examined under the project during the last 2 years. For water this information come from the Permit Compliance System ( PCS).

Historical Noncompliance: the number of quarterly periods with one or more identified violations or noncompliance during the eight quarterly periods over the last 2 years for each facility. Underlying information is available for each facility, which can be used to determine the type of violation or noncompliance that is counted in the aggregate statistics, and whether multiple events occurred.

Permit Exceedances   Clean Water Act: the number of times facilities report their water discharges, and how often these discharges exceed permitted levels. Depending upon the reporting period specified in the facility's permit, the facility may be required to submit monthly, bimonthly, quarterly, semi annual, annual, or biannual monitoring reports for a parameter. Different reporting periods may be specified for a single permitted parameter based on locations within single or multiple discharge pipes. SFIP tracks four indicators for pollutant releases that exceed permitted levels:

# the total number of PCS parameters monitored across all pipes and NPDES permits maintained by a regulated facility # the total number of those parameters for which there is at least one exceedance of the permitted limit in the past two years # the total number of reports submitted in the past two years # the total number of those events which exceeded the permitted limit

Closed Enforcement Actions: closed administrative or civil judicial government actions that have been taken at a facility for violating environmental laws. This information does not include notices of violation, referrals and informal enforcement actions.

Production or Production Capacity: production or production capacity of a facility ( e. g., tons/ year), except federal facilities. SFIP matches the production data year to the year of frozen TRI data presented in the TRI comparative spreadsheets, currently 1999.

TRI Releases: total pounds of TRI chemicals released to air, discharged directly to water, land filled on site or injected underground.

TRI Off site Transfers: total pounds of TRI chemicals either discharged to a sewer system or shipped off site for disposal or treatment.

Ratio of Chemicals Released and Transferred to Production Capacity: pounds of TRI chemicals released and transferred offsite divided by facility production or capacity ( units differ by sector).

TRI Releases  Carcinogens: pounds of known or suspected carcinogens released to the air or water, disposed of via underground injection, or land filled on sites.

TRI Releases and Transfers Metals: pounds of metals and metal compounds ( only the metal portion of metal compounds) which were either released or transferred off site.

TRI Production Related Waste: pounds of TRI chemicals contained in productionrelated waste prior to recycling, treatment, energy recovery or disposal.

Pollutant Spills: on site chemical or material spills within the past two years. The information is taken from the Emergency Response Notification System ( ERNS) database, administered by a number of different federal agencies.

Estimated Surrounding Population: estimated population living within three miles of a facility and associated demographics. This information is from the Bureau of Census.

Estimated Surrounding Minority Population: the percentage of the population of the given area that is minority. Minority population is estimated by subtracting the number of persons who are white ( and not of Hispanic origin) from the total number of people.

Estimated Percentage of Surrounding Population Living in Poverty: the percentage of people in the selected area that are below the poverty level.

Results: The SFIP does not rank or order the information it contains, but users can view and sort the data in a number of ways, using standardized report formats or creating their own analyses. Attachment I shows the information available on the " Sector Level Data Summary" report.

Contact: SFIP Hotline ( 617) 520 3015.

Short term Followup: None.

Long term Followup: Information may be useful for a more detailed look at specific industries in the Tier 2 analysis. Page 1 of 2 Attachment I Sector Level Data Summary: Petroleum Refineries Data Refresh: January 2003 The following tables present average values per facility for SFIP indicators. For example, of the 163 Petroleum Refineries included within the SFIP database, an average of 6.0 inspections ( for CAA, CWA, RCRA) were conducted at each facility over the last eight quarters. In 2000, Petroleum Refineries released an average of 485,321 pounds of TRI chemicals, of which 29,652 pounds were carcinogens. For a definition of any of the facility specific indicators listed in the table below, click on the highlighted header.

Inspections ( 2 years) Historical Noncompliance ( Quarterly periods with 1 or more violations or noncompliance events) Permit Exceedances  Clean Water Act ( 2 years)

Air Note 1 Water Note 1 RCRA Note 1 Total Note 1 Air Note 1 Water Note 1 RCRA Note 1 Air/ Water / RCRA Note 2 # of Pollutants Over Limit Note1 # of Pollutants Regulated Note 1 # of Reports Over Limit Note 1 # of Reports Submitted Note 1 1.9 2.3 2.2 6.0 2.8 2.3 3.1 4.9 2.6 23.6 6.7 749.2 Current Significant Noncompliance Note 1 Closed Enforcement Actions ( 2 years)

Air Water RCRA Air Note 1 Water Note 1 RCRA Note 1 Total Note 1 % of Facilities Note 3 % of Facilities Note 3 % of Facilities Note 3 47.8 4.3 9.3 1.1 0.2 0.2 1.5 Page 2 of 2 Sector Level Data Summary: Petroleum Refineries ( continued)

Production Capacity TRI Releases TRI Off site Transfers Ratio of Chemicals Released and Transferred to Production TRI Releases

Carcinogens Barrels/ Day Note 4 2000 Pounds Note 1 2000 Pounds Note 1 Note 5 2000 Pounds Note 1 105,040 485,321 134,266 9.3 29,652 TRI Releases and Transfers Metals Total Waste Generated Pollutant Spills ( last 2 years) Estimated Surrounding Population ( 1990 Census)

2000 Pounds Note 1 2000 Pounds Note 1 % of Facilities with Spills Spills per Facility Note 1 Pounds Spilled per Facility Note 1 Residents within 3 Miles Note 1 31,473 6,719,423 80.4 22.8 87,513 42,686 Note 1: Average for values of 0 or greater Note 2: Average quarters with a violation or noncompliance event in any of the three programs ( Clean Air Act, Clean Water Act, or RCRA)

Note 3: Average for facilities with permits in relevant program Note 4: Not comparable across industry sectors Note 5: Not comparable across industry sectors. Average is calculated for each sector using only those observations with nonzero Page 2 of 2 values for BOTH production and TRI Releases and Transfers.