[Federal Register Volume 79, Number 50 (Friday, March 14, 2014)]
[Rules and Regulations]
[Pages 14369-14399]
[FR Doc No: 2014-05583]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 35

[Docket Nos. RM01-8-000, RM10-12-000, RM12-3-000]

Order Updating Electric Quarterly Report Data Dictionary

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Order Updating Electric Quarterly Report (EQR) Data Dictionary.

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SUMMARY: In this order, the Federal Energy Regulatory Commission
(Commission) updates the EQR Data Dictionary to indicate how market
participants should enter information in certain fields of the new EQR
system so that the new system's validation process will more readily
accept filings. These updates to the EQR Data Dictionary enable the
implementation of the Commission's revised EQR filing process. This
order also updates the EQR Data Dictionary's list of Balancing
Authority names and abbreviations to reflect changes in the official
source of such data.

DATES: This order is effective March 14, 2014. The definitions adopted
in this order shall be used beginning with the filing of the third
quarter (Q3), 2013 EQR.

FOR FURTHER INFORMATION CONTACT:
Astrid Kirstin Rapp (Technical Information), Office of Enforcement,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426,<PHONE_NUMBER>.
Adam Batenhorst (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
Before Commissioners: Cheryl A. LaFleur, Acting Chairman; Philip D.
Moeller, John R. Norris, and Tony Clark.

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                                                           Docket No.
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Filing Requirements for El. Utility S.A...............        RM01-8-000
Electricity Market Transparency Provisions of Section        RM10-12-000
 220 of the Federal Power Act.........................
Revisions to Electric Quarterly Report Filing Process.        RM12-3-000
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    (Issued March 10, 2014.)
    1. In this order we are updating the Electric Quarterly Report
(EQR) Data Dictionary in order to conform to the changes to the EQR
filing process mandated by Order No. 770.\1\ Specifically, we are
updating the EQR Data Dictionary to indicate how market participants
should enter information into certain fields in the new EQR system so
that the new system's validation process will more readily accept the
filings. This order also updates Appendix B of the EQR Data Dictionary,
which contains Balancing Authority names and abbreviations, to reflect
changes in the official source of such data.
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    \1\ Revisions to Electric Quarterly Report Filing Process, Order
No. 770, 77 FR 71288 (Nov. 30, 2012), FERC Stats. & Regs. ] 31,338
(2012) (Order No. 770).
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I. Background

    2. On April 25, 2002, the Commission issued Order No. 2001, a final
rule establishing revised public utility filing requirements.\2\ This
rule revised the Commission's filing requirements to require companies
subject to the Commission's regulations under section 205 of the
Federal Power Act (FPA) \3\ to file EQRs summarizing transaction
information for short-term and long-term cost-based sales and market-
based rate sales and the contractual terms and conditions in their
agreements for all jurisdictional services. The requirement to file
EQRs replaced the requirement to file quarterly transaction reports
summarizing a utility's market-based rate transactions and sales
agreements that conformed to the utility's tariff.
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    \2\ Revised Public Utility Filing Requirements, Order No. 2001,
67 FR 31044 (May 8, 2002), FERC Stats. & Regs. ] 31,127, reh'g
denied, Order No. 2001-A, 100 FERC ] 61,074, reh'g denied, Order No.
2001-B, 100 FERC ] 61,342, order directing filing, Order No. 2001-C,
101 FERC ] 61,314 (2002), order directing filing, Order No. 2001-D,
102 FERC ] 61,334, order refining filing requirements, Order No.
2001-E, 105 FERC ] 61,352 (2003), order on clarification, Order No.
2001-F, 106 FERC ] 61,060 (2004), order revising filing
requirements, Order No. 2001-G, 72 FR 56735 (Oct. 4, 2007), 120 FERC
] 61,270, order on reh'g and clarification, Order No. 2001-H, 73 FR
1876 (Jan. 10, 2008), 121 FERC ] 61,289 (2007), order revising
filing requirements, Order No. 2001-I, 73 FR 65526 (Nov. 4, 2008),
FERC Stats. & Regs. ] 31,282 (2008).
    \3\ 16 U.S.C. 842d (2012).
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    3. In Order No. 2001, the Commission also adopted a new section in
its regulations, 18 CFR 35.10b, which required that the EQRs are to be
prepared in conformance with the Commission's software and guidance
posted and available from the Commission's Web site. Since the issuance
of Order No. 2001, as need has arisen, the Commission has issued orders
to resolve questions raised by EQR users and has directed Staff to
issue additional guidance on how to report certain transactions.\4\
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    \4\ See, e.g., Revised Public Utility Requirements for Electric
Quarterly Reports (Notice Providing Guidance on the Filing of
Information on Transmission Capacity Reassignments in Electric
Quarterly Reports), 124 FERC ] 61,244 (2008) (providing guidance on
complying with the Commission's Order No. 890-B reporting
requirements); Order No. 2001-E, 105 FERC ] 61,352 (2003)
(standardizing the terminology for control areas); Revised Public
Utility Filing Requirements, 67 FR 65973 (Oct. 29, 2002), FERC
Stats. & Regs. ] 35,045 (2002) (providing general guidance for using
the EQR software).
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    4. On September 24, 2007, the Commission issued Order No. 2001-G,
adopting an EQR Data Dictionary that collected in one document the
definitions of certain terms and values used in filing EQR data and
provided formal definitions for fields that were previously undefined.
Since its creation, the Commission has revised the EQR Data Dictionary
on several occasions to clarify terms and definitions as needed.\5\
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    \5\ See, e.g., Order No. 2001-I, FERC Stats. & Regs. ] 31,282
(revising the EQR Data Dictionary to define and rename the
Commencement Date of Contract Terms and clarifying information to be
reported concerning ancillary services); Order No. 2001-H, 121 FERC
] 61,289 (clarifying information to be included in several EQR data
fields).
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    5. On September 21, 2012, the Commission issued Order No. 768,\6\
which, among other things, revised the existing EQR filing requirements
to require market participants that are excluded from the Commission's
jurisdiction under section 205 of the FPA \7\ and have more than a de
minimis market presence to file EQRs with the Commission. Order Nos.
768 and 768-A also updated the EQR Data Dictionary to reflect changes
required by the inclusion of non-public utilities in the EQR process.
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    \6\ Electric Market Transparency Provisions of Section 220 of
the Federal Power Act, Order No. 768, 77 FR 61896 (Oct. 11, 2012),
FERC Stats. & Regs. ] 31,336 (2012), order on reh'g, Order No. 768-
A, 143 FERC ] 61,054 (2013).
    \7\ 16 U.S.C. 842d (2012).
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    6. On November 15, 2012, the Commission issued Order No. 770, which
revised the Commission's regulations to change the process for filing
EQRs. In Order No. 770, the Commission announced that, due to
technology changes that will render the current filing process outmoded
and unsustainable, the Commission will discontinue the use of
Commission-distributed software to file an EQR. The Commission reported
that, instead, beginning with Q3 2013 EQRs, it will adopt a web-based
approach to filing EQRs that will allow a public or non-public utility
to file an EQR directly through the Commission's Web site, either
through a web interface or by submitting an Extensible Mark-Up Language
(XML)-formatted file (XML filing option).\8\ In Order No. 770, the
Commission also updated the EQR Data Dictionary.\9\
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    \8\ Although it originally was anticipated that the new EQR
filing system would be available in October 2013 for use in filing
Q3 2013 EQRs, the Commission issued orders extending the deadline to
file Q3 2013 and Q4 2013 EQRs to dates to be determined. Filing
Requirements for El. Utility, S.A., 145 FERC ] 61,031 (2013)
(extending the deadline for Q3 2013 EQRs); Filing Requirements for
El. Utility, S.A., 145 FERC ] 61,282 (2013) (extending the deadline
for Q4 2013 EQRs).
    \9\ The most current version of the EQR Data Dictionary (version
2.2) was issued on April 18, 2013 as an appendix to Order No. 768-A.
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II. Discussion

    7. As noted in Order No. 770, the Commission is developing a
validation process in the new system that contains validation checks
that will run against the data inputted by the EQR Seller or Agent.\10\
The validation process includes checks for required fields, character
formatting, and character limits. As a result, the implementation of
the new EQR system directed by Order No. 770 requires several
additional updates to the EQR Data Dictionary, as detailed below. These
updates provide necessary guidance regarding the new EQR system and
will help ensure that the EQR validation process accepts market
participants' EQR filings. The new validation process will reject
submissions that are not provided in the format expected for each
particular field. Updating the EQR Data Dictionary to reflect these
expectations will reduce the number of rejected filings, minimizing EQR
filing burdens.\11\ The updates to the EQR Data Dictionary are
described below.
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    \10\ Order No. 770, FERC Stats. & Regs. ] 31,338 at 31,764-65.
    \11\ Pursuant to the Paperwork Reduction Act, the burden
estimates (for the EQR, also known as the FERC-920) related to the
change to the new EQR system were accounted for previously in Order
No. 770 for existing filers. The initial implementation burden for
new non-public filers was accounted for in Order No. 768. Because
the updates to the EQR Data Dictionary adopted in this order impose
no new or revised burdens or regulatory requirements, under 5 U.S.C.
553(b), notice and comment procedures are unnecessary.
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    8. The Commission is updating the ``Required'' column for certain
fields \12\

and making corresponding updates to the ``Value'' column for Index
Price Publisher(s) To Which Sales Transactions Have Been Reported
(Field Number 73). The ``Required'' column now indicates what
information must be entered in these fields if that information is not
specified in the contract (e.g., leave the field blank or enter
``None,'' ``N/A'', etc.) or required in the index publishing data.
Similarly, the Commission is updating the ``Value'' column, for
example, by specifying how contact information must be entered and the
number of available integers or characters in certain fields to be
consistent with Order No. 770 and the new validation process.\13\ The
Commission is also updating the ``Definition'' column to include
guidance on required formatting and data values.\14\
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    \12\ See, e.g., Contract Termination Date (Field Number 23);
Actual Termination Date (Field Number 24); Extension Provision
Description (Field Number 25); Quantity (Field Number 32); Units
(Field Number 33); Rate (Field Number 34); Rate Minimum (Field
Number 35); Rate Maximum (Field Number 36); Point of Receipt
Balancing Authority (PORBA) (Field Number 39); Point of Receipt
Specific Location (PORSL) (Field Number 40); Point of Delivery
Balancing Authority (PODBA) (Field Number 41); Point of Delivery
Specific Location (PODSL) (Field Number 42); Begin Date (Field
Number 43); End Date (Field Number 44); Total Transmission Charge
(Field Number 69); Filer Unique Identifier (Field Number 71); Seller
Company Name (Field Number 72); Index Price Publisher(s) To Which
Sales Transactions Have Been Reported (Field Number 73); and
Transactions Reported (Field Number 74).
    \13\ See, e.g., Company Identifier (Field Number 3); Contact
Name (Field Number 4); Contact Country Name (Field Number 10);
Contact E-Mail (Field Number 12); Transactions Reported to Index
Price Publisher(s) (Field Number 13); Contract Affiliate (Field
Number 18); Rate Description (Field Number 37); Transaction Begin
Date (Field Number 51); Transaction End Date (Field Number 52); and
Trade Date (Field Number 53).
    \14\ See, e.g., Filer Unique Identifier (Field Number 1); Rate
Description (Field Number 37); and Transaction Unique ID (Field
Number 45).
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    9. Moreover, the Commission is removing specific references to
comma-delimited text (CSV) files and related requirements in certain
fields given that the new system allows the additional XML filing
option.\15\ The Commission also is updating the Company Identifier
(Field Number 3), Contact Name (Field Number 4), Transactions Reported
to Index Price Publisher(s) (Field Number 13), Contract Service
Agreement ID (Field Number 20), and Contract Service Agreement ID
(Field Number 49) to include references to ``Agent'' and ``Sellers,''
consistent with the terms adopted in Order No. 770.\16\ The Commission
is also revising the ``Definition'' for Begin Date (Field Number 43)
and End Date (Field Number 44) to reflect the fact that time must also
be noted in those fields, as indicated in the associated ``Value''
column. Further, the Commission is revising the ``Definition'' for Time
Zone (Field Number 56) to clarify that it refers to transaction data
(not contract data) because this field is associated with transactions.
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    \15\ See Filer Unique Identifier (Field Number 1); Filing
Quarter (Field Number 14); Contact Unique ID (Field Number 15); and
Transaction Unique ID (Field Number 45).
    \16\ See Order No. 770, FERC Stats. & Regs. ] 31,338 at 31,760.
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    10. In addition, the Commission is updating the list of Index Price
Publishers in Appendix G to delete ``Dow Jones'' and updating the list
of Exchange/Broker Services in Appendix H to add ``Nodal Exchange.''
Moreover, the Commission is updating the list of Balancing Authority
names and abbreviations to reflect changes in the official source of
such data, the Open Access Technology, Inc. (OATI) webRegistry, as
indicated by Order No. 768-A.\17\ Finally, the Commission is making the
following clerical edits: (1) To state in the ``Definition'' of Filer
Unique Identifier (Field Number 1) and Transaction Unique ID (Field
Number 45) that one record for each transaction record ``must be
included'' because this information is required; (2) to clarify in the
``Definition'' field of Filing Quarter (Field Number 14) that the
reference number is used by the EQR System; and (3) to add a period to
the ``Value'' of Point of Receipt Specific Location (PORSL) (Field
Number 40). If information is not entered in the manner specified
above, the filing may not be accepted by the new EQR validation
process. As discussed above, these updates to the EQR Data Dictionary
will reduce burden on EQR filers by clarifying system expectations to
ensure that data makes it through the validation process.
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    \17\ See Order No. 768-A, 143 FERC ] 61,054 at P 55.
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III. Implementation Dates

    11. This order will become effective March 14, 2014. The updated
EQR Data Dictionary adopted in this order shall be used when the web-
based approach is available, beginning with the filing of the Q3 2013
EQR.

IV. Document Availability

    12. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through the Commission's Home Page (http://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A,
Washington, DC 20426.
    13. From the Commission's Home Page on the Internet, this
information is available in the eLibrary. The full text of this
document is available in the eLibrary both in PDF and Microsoft Word
format for viewing, printing, and/or downloading. To access this
document in eLibrary, type RM01-8, RM10-12, or RM12-3 in the docket
number field. User assistance is available for eLibrary and the
Commission's Web site during the Commission's normal business hours.
For assistance contact the Commission's Online Support services at
<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.
    The Commission orders:
    (A) The Commission hereby adopts the changes in the EQR Data
Dictionary shown in the Attachment, as discussed in the body of this
order.
    (B) The definitions adopted in this order shall be applied to EQR
filings beginning with the Q3 2013 EQR.

    By the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

    Note:  Attachment will not be published in the Code of Federal
Regulations.

Attachment

Electric Quarterly Report Data Dictionary Version 3.0 (Issued February
28, 2014)

BILLING CODE 6717-01-P

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[FR Doc. 2014-05583 Filed 3-13-14; 8:45 am]
BILLING CODE 6717-01-C


[Federal Register Volume 87, Number 131 (Monday, July 11, 2022)]
[Notices]
[Page 41153]
[FR Doc No: 2022-14636]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95196; File Nos. SR-NYSE-2021-67, SR-NYSEAMER-2021-43,
SR-NYSEArca-2021-97, SR-NYSECHX-2021-17, SR-NYSENAT-2021-23]

Self-Regulatory Organizations; New York Stock Exchange LLC, NYSE
American LLC, NYSE Arca, Inc., NYSE Chicago, Inc., and NYSE National,
Inc.; Notice of Withdrawal of Proposed Rule Changes To Amend Their
Respective Fee Schedules To Offer Colocation Users Wireless
Connectivity to CME Group Data and Establish Associated Fees

July 5, 2022.
    On November 3, 2021, New York Stock Exchange LLC (``NYSE''), NYSE
American LLC, NYSE Arca, Inc., NYSE Chicago, Inc., and NYSE National,
Inc. (collectively, the ``Exchanges'') each filed with the Securities
and Exchange Commission (``Commission''), pursuant to Section 19(b)(1)
of the Securities Exchange Act of 1934 (``Exchange Act'' or ``Act'')
\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to amend their
respective fee schedules for colocation services to offer wireless
connectivity to CME Group, Inc. (``CME Group'') market data (``CME
Group Data'') and establish associated fees. Each proposed rule change
was immediately effective upon filing with the Commission pursuant to
Section 19(b)(3)(A) of the Act.\3\ The proposed rule changes were
published for comment in the Federal Register on November 18, 2021.\4\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ See Securities Exchange Act Release Nos. 93563 (November 12,
2021), 86 FR 64561 (November 18, 2021) (SR-NYSE-2021-67)
(``Notice''); 93561 (November 12, 2021), 86 FR 64580 (November 18,
2021) (SR-NYSEAMER-2021-43); 93564 (November 12, 2021), 86 FR 64570
(November 18, 2021) (SR-NYSEArca-2021-97); 93565 (November 12,
2021), 86 FR 64556 (November 18, 2021) (SR-NYSECHX-2021-17); and
93567 (November 12, 2021), 86 FR 64576 (November 18, 2021) (SR-
NYSENAT-2021-23). Comments received on the Notices are available on
the Commission's website at: https://www.sec.gov/comments/sr-nyse-2021-67/srnyse202167.htm. For ease of reference, citations to the
Notice(s) are to the Notice for SR-NYSE-2021-67.
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    On December 17, 2021, the Division of Trading and Markets, acting
on behalf of the Commission by delegated authority, issued an order
instituting proceedings under Section 19(b)(2)(B) of the Act \5\ to
determine whether to approve or disapprove the proposed rule
changes.\6\ On May 12, 2022, pursuant to Section 19(b)(2) of the
Act,\7\ the Commission designated a longer period for Commission action
on the proceedings to determine whether to approve or disapprove the
proposed rule changes.\8\
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    \5\ 15 U.S.C. 78s(b)(2)(B).
    \6\ See Securities Exchange Act Release No. 93810 (December 17,
2021), 86 FR 73026 (December 23, 2021).
    \7\ 15 U.S.C. 78s(b)(2).
    \8\ See Securities Exchange Act Release No. 94899 (May 12,
2022), 87 FR 30321 (May 18, 2022). The Commission designated July
16, 2022, as the date by which it should approve or disapprove the
proposed rule changes.
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    On June 30, 2022, the Exchanges withdrew their respective proposed
rule changes (File Nos. SR-NYSE-2021-67, SR-NYSEAMER-2021-43, SR-
NYSEArca-2021-97, SR-NYSECHX-2021-17, SR-NYSENAT-2021-23).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-14636 Filed 7-8-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 180 (Friday, September 16, 2011)]
[Notices]
[Page 57731]
[FR Doc No: 2011-23740]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No: 14206-000]

Notice of Preliminary Permit Application Accepted for Filing and
Soliciting Comments, Motions To Intervene, and Competing Applications;
Kachess Dam Hydropower, LLC

    On May 31, 2011, Kachess Dam Hydropower, LLC filed an application
for a preliminary permit, pursuant to section 4(f) of the Federal Power
Act (FPA), proposing to study the feasibility of the Kachess Dam
Hydroelectric Project (project) to be located at Kachess Reservoir dam,
owned and operated by the U.S. Bureau of Reclamation near Cle Elum and
Roslyn in Kittitas County, Washington. The proposed project would also
occupy U.S. Forest Service lands within the Wenatchee National Forest.
    The sole purpose of a preliminary permit, if issued, is to grant
the permit holder priority to file a license application during the
permit term. A preliminary permit does not authorize the permit holder
to perform any land-disturbing activities or otherwise enter upon lands
or waters owned by others without the owners' express permission.
    The proposed project would utilize flows at the existing Kachess
reservoir and would consist of the following new features: (1) A 36-
inch diameter, 200-foot-long steel-reinforced plastic pipe penstock;
(2) a 40-foot by 30-foot concrete powerhouse containing a 1.5-megawatt
Francis turbine/generator unit; (3) an approximately 600-foot-long,
13.8-kilovolt transmission line interconnecting with a local utility's
line, and (4) appurtenant facilities. The estimated annual generation
of the project would be 5.1 gigawatt-hours.
    Applicant Contact: Carl Spetzler, Kachess Dam Hydropower, LLC, 745
Emerson Street, Palto Alto, CA 94301, phone<PHONE_NUMBER>.
    FERC Contact: Patrick Murphy, phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14206-000) in the docket number field to
access the document. For assistance, contact FERC Online Support.

    Dated: September 9, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-23740 Filed 9-15-11; 8:45 am]
BILLING CODE 6717-01-P


1 C:\ dmautop\ temp\ dwcgi 2836 1077714710 104343000. wpd MEMORANDUM TO: Jim Eddinger, EPA/ ESD FROM: Roy Oommen, ERG/ MOR DATE: November 18, 2003 SUBJECT: Summary of October 18, 2003 Boiler Meeting with AFMA A meeting between the U. S. Environmental Protection Agency ( EPA) and the American Furniture Manufacturers Association ( AFMA) was held on July 18, 2003 in Research Triangle Park, NC. The purpose of the meeting was to discuss AFMA's comments on the proposed Industrial, Institutional, and Commercial Boiler and Process Heater National Emission Standards for Hazardous Air Pollutants ( NESHAP).

Meeting attendees included representatives of the OAQPS Emission Standards Division of the Environmental Protection Agency ( EPA) and AFMA. A complete list of attendees ( with their affiliation) is included as attachment 1.

Members of AFMA discussed comments submitted on the Boiler NESHAP. Topics included:

° Data provided by AFMA to EPA on metals tests ° Discussion of Risk based off ramps for manganese ° Discussion of EPA's risk analysis methodology ° Discussion of EPA's schedule 2 C:\ dmautop\ temp\ dwcgi 2836 1077714710 104343000. wpd Attachment 1 Meeting Attendance List Meeting Attendance List Jim Eddinger U. S. Environmental Protection Agency OAQPS Dave Guinnup U. S. Environmental Protection Agency OAQPS Chris Stenger CH2M Hill Dave Maddox Stanley/ AFMA Alan McConnell Kilpatrick Stockton Dennis Pagano U. S. Environmental Protection Agency OAQPS Bill Perdue AFMA Roy Oommen ERG


[Federal Register Volume 83, Number 46 (Thursday, March 8, 2018)]
[Notices]
[Pages 9883-9884]
[FR Doc No: 2018-04690]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Request To Release Airport Property

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of intent to rule on request to release airport property
at Iowa City Municipal Airport, Iowa City, Iowa.

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SUMMARY: The FAA proposes to rule and invites public comment on the
release of land at Iowa City Municipal Airport, Iowa City, Iowa.

DATES: Comments must be received on or before April 9, 2018.

ADDRESSES: Comments on this application may be mailed or delivered to
the FAA at the following address: Lynn D. Martin, Airports Compliance
Specialist, Federal Aviation Administration, Airports Division, ACE-
610C, 901 Locust Room 364, Kansas City, MO 64106.
    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to: Michael Tharp C.M., Airport Operations
Specialist, 1801 S. Riverside Dr., Iowa City, IA 52246,<PHONE_NUMBER>,
Ext 5.

FOR FURTHER INFORMATION CONTACT: Lynn D. Martin, Airports Compliance
Specialist, Federal Aviation Administration, Airports Division, ACE-
610C, 901 Locust Room 364, Kansas City, MO 64106,<PHONE_NUMBER>,
[email protected]. The request to release property may be reviewed,
by appointment, in person at this same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release approximately 0.42+ acres of airport property at
Iowa City Municipal Airport (IOW) under the provisions of 49 U.S.C.
47107(h)(2). On June 30, 2017, the Airport Operations Specialist at
Iowa City Municipal Airport requested from the FAA that approximately
0.42+ acres of property be released for sale to Harry Hinckley for use
as a parking lot for his employees or other purposes consistent with
the zoning ordinances of the City. On March 1, 2018, the FAA determined
that the request to release property at Iowa City Municipal Airport
(IOW) submitted by the Sponsor meets the procedural requirements of the
Federal Aviation Administration and the release of the property does
not and will not impact future aviation needs at the airport. The FAA
may approve the request, in whole or in part, no sooner than thirty
days after the publication of this notice.
    The following is a brief overview of the request:
    Iowa City Municipal Airport (IOW) is proposing the release of
airport property totaling 0.42 acres, more or less. This land is to be
used for a parking lot for business employees. The release of land is
necessary to comply with Federal Aviation Administration Grant
Assurances that do not allow federally acquired airport property to be
used for non-aviation purposes. The sale of the subject property will
result in the land at Iowa City Municipal Airport (IOW) being changed
from aeronautical to non-aeronautical use and release the lands from
the conditions of the Airport Improvement Program Grant Agreement Grant
Assurances. In accordance with 49 U.S.C. 47107(c)(2)(B)(i) and (iii),
the airport will receive fair market value for the property, which will
be subsequently reinvested in another eligible airport improvement
project for general aviation facilities at Iowa City Municipal Airport.
    Any person may inspect, by appointment, the request in person at
the FAA office listed above under FOR FURTHER INFORMATION CONTACT. In
addition, any person may, upon appointment and request, inspect the
application, notice and other documents determined by the FAA to be
related to

the application in person at Iowa City Municipal Airport.

    Issued in Kansas City, MO, on March 1, 2018.
Jim A. Johnson,
Director, Airports Division.
[FR Doc. 2018-04690 Filed 3-7-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Notices]
[Pages 47265-47268]
[FR Doc No: 2017-21813]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81815; File No. SR-BatsBZX-2017-58]

Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of
Filing of a Proposed Rule Change To List and Trade Shares of the CBOE
S&P 500[supreg] Dividend Aristocrats[supreg] Target Income Index ETF
Under the ETF Series Solutions Trust, Under Rule 14.11(c)(3), Index
Fund Shares

October 4, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 19, 2017, Bats BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to list and trade shares of the CBOE
S&P 500 [supreg] Dividend Aristocrats[supreg] Target Income Index ETF
under the ETF Series Solutions Trust (the ``Trust''), under Rule
14.11(c)(3) (``Index Fund Shares'').
    The text of the proposed rule change is available at the Exchange's
Web site at www.bats.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the

proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in Sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to list and trade shares (``Shares'') of CBOE
S&P 500[supreg] Dividend Aristocrats[supreg] Target Income Index ETF
(the ``Fund'') under Rule 14.11(c)(3), which governs the listing and
trading of Index Fund Shares on the Exchange. The Fund will be an
index-based exchange traded fund (``ETF''). The Fund will track the
CBOE S&P 500[supreg] Dividend Aristocrats[supreg] Target Income Index
(the ``Index'').
    The Shares will be offered by the Trust, which was established as a
Delaware statutory trust on February 9, 2012. The Trust is registered
with the Commission as an open-end investment company and plans to file
a registration statement on behalf of the Fund on Form N-1A with the
Commission.\3\ The Fund's index provider, Chicago Board Options
Exchange (``CBOE'' or the ``Index Provider''), is not a broker-dealer,
but is affiliated with a broker-dealer. The Exchange also notes that
the adviser, CBOE Vest Financial, LLC, is a BZX Affiliate as defined in
Rule 14.3(e)(1)(A),\4\ but is not an Affiliate Security, as defined in
Rule 14.11(e)(1)(B),\5\ and is therefore not subject to the additional
requirements applicable to Affiliate Securities because such definition
explicitly excludes Index Fund Shares. The Fund intends to qualify each
year as a regulated investment company under Subchapter M of the
Internal Revenue Code of 1986, as amended.
---------------------------------------------------------------------------

    \3\ While the Trust has not yet filed a registration statement
on behalf of the Fund, the Exchange will not allow the Fund to list
and trade on the Exchange until the registration statement for the
Fund is effective.
    \4\ As defined in Rule 14.3(e)(1)(A), the term ``BZX Affiliate''
means the Exchange and any entity that directly or indirectly,
through one or more intermediaries, controls, is controlled by, or
is under common control with the Exchange, where ``control'' means
that one entity possesses, directly or indirectly, voting control of
the other entity either through ownership of capital stock or other
equity securities or through majority representation on the board of
directors or other management body of such entity.
    \5\ As defined in Rule 14.3(e)(1)(B), the term ``Affiliate
Security'' means any security issued by a BZX Affiliate or any
Exchange-listed option on any such security, with the exception of
Portfolio Depository Receipts as defined in Rule 14.11(b) and Index
Fund Shares as defined in Rule 14.11(c).
---------------------------------------------------------------------------

    The Exchange is submitting this proposed rule change because the
Index does not meet all of the ``generic'' listing requirements of Rule
14.11(c)(3)(A)(i), applicable to the listing of Index Fund Shares based
upon an index of ``U.S. Component Stocks.'' \6\ Specifically, Rule
14.11(c)(3)(A)(i) sets forth the requirements to be met by components
of an index or portfolio of U.S. Component Stocks. Because the Index
includes derivatives, rather than exclusively holding ``U.S. Component
Stocks'' as defined in Rule 14.11(c)(1)(D), it does not satisfy the
requirements of Rule 14.11(c)(3)(A)(i).\7\
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    \6\ As defined in Rule 14.11(c)(1)(D), the term ``U.S. Component
Stock'' shall mean an equity security that is registered under
Sections 12(b) or 12(g) of the Act, or an American Depositary
Receipt, the underlying equity security of which is registered under
Sections 12(b) or 12(g) of the Act.
    \7\ Rule 14.11(c)(3)(A)(i)(e) provides that all securities in
the applicable index or portfolio shall be U.S. Component Stocks
listed on a national securities exchange and shall be NMS Stocks as
defined in Rule 600 under Regulation NMS of the Act. Each component
stock of the S&P 500 is a U.S. Component Stock that is listed on a
national securities exchange and is an NMS Stock. Options are
excluded from the definition of NMS Stock. The Fund and the Index
meet all of the requirements of the listing standards for Index Fund
Shares in Rule 14.11(c)(3), except the requirements in Rule
14.11(c)(3)(A)(i)(a)-(e), as the Index consists of options on U.S.
Component Stocks. The S&P 500 consists of U.S. Component Stocks and
satisfies the requirements of Rule 14.11(c)(3)(A)(i)(a)-(e).
---------------------------------------------------------------------------

    The Shares will conform to the initial and continued listing
criteria under Rule 14.11(c), except that the Index will not meet the
requirements of Rule 14.11(c)(3)(A)(i)(a)-(e) in that the Index will be
composed of U.S. Component Stocks and options based on U.S. Component
Stocks (i.e., FLEX Options and/or standardized options that reference a
single U.S. Component Stock), rather than exclusively holding U.S.
Component Stocks.
    The Fund uses a ``passive management'' (or indexing) approach to
track the total return performance, before fees and expenses, of the
CBOE S&P 500[supreg] Dividend Aristocrats[supreg] Target Income Index
(the ``Index'' for purposes of this section). The Index is a rules-
based buy-write index created by the Index Provider, an affiliate of
the Fund's investment adviser, and designed with the primary goal of
generating an annualized level of income that is approximately 3.5%
over the annual dividend yield of the S&P 500 Index and a secondary
goal of generating price returns that are proportional to the price
returns of the S&P 500 Index.
    The Index is composed of two parts: (1) An equal-weighted portfolio
of the stocks contained in the S&P 500 Dividend Aristocrats Index (the
``Aristocrat Stocks'') that have options that trade on a national
securities exchange and (2) a rolling series of short call options on
each of the Aristocrat Stocks (the ``Covered Calls''). The S&P 500
Dividend Aristocrats Index generally includes companies in the S&P 500
Index that have increased dividend payments each year for at least 25
consecutive years and meet certain market capitalization and liquidity
requirements.
    The Covered Calls are written (sold) \8\ on the last trading day of
each week with an expiration typically on the Friday of the following
week and a strike price as close as possible to the closing price of
the underlying Aristocrat Stock at the time the Covered Call is
written. The Index employs a ``partial covered call strategy,'' meaning
that Covered Calls will be written on a notional value of no more than
20% of the value of the underlying Aristocrat Stock, such that the
short position in the call option is ``covered'' by a portion of the
long underlying asset. The exact amount of Covered Calls written is
based on a calculation designed to result in the Index generating a
total yield from (i) dividends from the Aristocrat Stocks and (ii)
premiums from writing Covered Calls that is 3.5% higher annually than
the yield from dividends of the S&P 500 Index constituents.
---------------------------------------------------------------------------

    \8\ The Index is a hypothetical portfolio of options and equity
securities. As such, the Index cannot actually buy or sell an option
or equity security, but the Index reflects the value of such
transactions as if the Index could actually engage in them. The
Index is described as ``buying'' and ``selling'' options to aid
investors in understanding how the Fund will act in tracking the
Index.
---------------------------------------------------------------------------

    The equity component of the Index is rebalanced (i.e., weights are
reset to equal-weighted) quarterly effective after the close of the
last business day of each January, April, July, and October and
reconstituted (i.e., Aristocrat Stocks are added and deleted according
to the Index rules) annually effective after the close of the last
business day of each January.
    The Fund attempts to invest all, or substantially all, of its
assets in the component securities that make up the Index. Under Normal
Market Conditions,\9\ at least 80% of the Fund's total assets
(exclusive of any collateral held from securities lending) will be

invested in the component securities of the Index. The Fund will hold
only U.S. exchange-listed equity securities, FLEX and/or standardized
exchange-listed options on exchange-listed equity securities, FLEX and/
or standardized exchange-listed options on U.S. equity indexes, and
cash and cash equivalents.\10\
---------------------------------------------------------------------------

    \9\ As defined in Rule 14.11(i)(3)(E), the term ``Normal Market
Conditions'' includes, but is not limited to, the absence of trading
halts in the applicable financial markets generally; operational
issues causing dissemination of inaccurate market information or
system failures; or force majeure type events such as natural or
man-made disaster, act of God, armed conflict, act of terrorism,
riot or labor disruption, or any similar intervening circumstance.
    \10\ As defined in Rule 14.11(i)(4)(C)(iii), cash equivalents
include short-term instruments with maturities of less than three
months, including: (i) U.S. Government securities, including bills,
notes, and bonds differing as to maturity and rates of interest,
which are either issued or guaranteed by the U.S. Treasury or by
U.S. Government agencies or instrumentalities; (ii) certificates of
deposit issued against funds deposited in a bank or savings and loan
association; (iii) bankers acceptances, which are short-term credit
instruments used to finance commercial transactions; (iv) repurchase
agreements and reverse repurchase agreements; (v) bank time
deposits, which are monies kept on deposit with banks or savings and
loan associations for a stated period of time at a fixed rate of
interest; (vi) commercial paper, which are short-term unsecured
promissory notes; and (vii) money market funds.
---------------------------------------------------------------------------

    The Exchange notes that, while the Fund will be a series of Index
Fund Shares listed on the Exchange under Rule 14.11(c), the Fund will
meet the generic listing standards applicable to Managed Fund Shares
under Rule 14.11(i), which would allow a series of Managed Fund Shares
with the exact same holdings as the Fund to list on the Exchange
without requiring the submission and SEC approval of a rule filing
pursuant to Section 19(b)(2) of the Act. While Index Fund Shares track
the value of an index and Managed Fund Shares are based on an actively
managed portfolio and are not generally designed to track an underlying
reference asset, the Exchange believes that there are no substantive
issues that are unique to Index Fund Shares that were not considered in
the Commission's approval of the generic listing rules for Managed Fund
Shares.\11\ As such, the Exchange believes that this proposal similarly
does not raise any substantive issues that were not otherwise addressed
in the Commission's approval of the generic listing rules for Managed
Fund Shares and that the Commission should act expeditiously to approve
this proposal.
---------------------------------------------------------------------------

    \11\ The Commission originally approved BZX Rule 14.11(i) in
Securities Exchange Act Release No. 65225 (August 30, 2011), 76 FR
55148 (September 6, 2011) (SR-BATS-2011-018) and subsequently
approved generic listing standards for Managed Fund Shares under
Rule 14.11(i) in Securities Exchange Act Release No. 78396 (July 22,
2016), 81 FR 49698 (July 28, 2016) (SR-BATS-2015-100).
---------------------------------------------------------------------------

    In addition, the Exchange represents that, except as described
above, the Fund will meet each of the initial and continued listing
criteria in BZX Rule 14.11(c) with the exception Rule
14.11(c)(3)(A)(i), applicable to the listing of Index Fund Shares based
upon an index of ``U.S. Component Stocks.'' The Trust is required to
comply with Rule 10A-3 under the Act for the initial and continued
listing of the Shares of the Fund. In addition, the Exchange represents
that the Shares of the Fund will comply with all other requirements
applicable to Index Fund Shares including, but not limited to,
requirements relating to the dissemination of key information such as
the Disclosed Portfolio, Net Asset Value, and the Intraday Indicative
Value, rules governing the trading of equity securities, trading hours,
trading halts, surveillance, and the information circular, as set forth
in Exchange rules applicable to Index Fund Shares and the orders
approving such rules. Moreover, all of the options contracts held by
the Fund will trade on markets that are a member of Intermarket
Surveillance Group (``ISG'') or affiliated with a member of ISG or with
which the Exchange has in place a comprehensive surveillance sharing
agreement.\12\ All statements and representations made in this filing
regarding the index composition, the description of the portfolio or
reference assets, limitations on portfolio holdings or reference
assets, dissemination and availability of index, reference asset, and
intraday indicative values, and the applicability of Exchange rules
specified in this filing shall constitute continued listing
requirements for the Fund. The issuer has represented to the Exchange
that it will advise the Exchange of any failure by the Fund or the
Shares to comply with the continued listing requirements, and, pursuant
to its obligations under Section 19(g)(1) of the Act, the Exchange will
surveil for compliance with the continued listing requirements. If the
Fund or the Shares are not in compliance with the applicable listing
requirements, the Exchange will commence delisting procedures under
Exchange Rule 14.12.
---------------------------------------------------------------------------

    \12\ For a list of the current members and affiliate members of
ISG, see www.isgportal.com. The Exchange notes that not all
components of the Disclosed Portfolio for the Fund may trade on
markets that are members of ISG or with which the Exchange has in
place a comprehensive surveillance sharing agreement.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section
6(b) of the Act \13\ in general and Section 6(b)(5) of the Act \14\ in
particular in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system and, in general, to protect investors and the
public interest.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest in that the Shares of the
Fund will meet each of the initial and continued listing criteria in
BZX Rule 14.11(c) with the exception Rule 14.11(c)(3)(A)(i), applicable
to the listing of Index Fund Shares based upon an index of ``U.S.
Component Stocks.'' Specifically, Rule 14.11(c)(3)(A)(i) sets forth the
requirements to be met by components of an index or portfolio of U.S.
Component Stocks. Because the Index contains options, rather than
exclusively containing ``U.S. Component Stocks'' as defined in Rule
14.11(c)(1)(D), the Index does not satisfy the requirements of Rule
14.11(c)(3)(A)(i),\15\ however, the generic listing rules for Managed
Fund Shares do allow for a portfolio to hold listed derivatives. The
Exchange notes that, while the Fund will be a series of Index Fund
Shares listed on the Exchange under Rule 14.11(c), the Fund will comply
with the generic listing standards applicable to Managed Fund Shares
under Rule 14.11(i) that would allow a series of Managed Fund Shares
with the exact same holdings as are included in both the Index and the
Fund to list on the Exchange without requiring the submission and SEC
approval of a rule filing pursuant to Section 19(b)(2) of the Act.
While Index Fund Shares track the value of an index and Managed Fund
Shares are based on an actively managed portfolio and are not generally
designed to track an underlying reference asset, the Exchange believes
that there are no substantive issues that are unique to Index Fund
Shares that were not considered in the Commission's approval of the
generic listing rules for

Managed Fund Shares. As such, the Exchange believes that this proposal
similarly does not raise any substantive issues that were not otherwise
addressed in the Commission's approval of the generic listing rules for
Managed Fund Shares and that the Commission should act expeditiously to
approve this proposal.
---------------------------------------------------------------------------

    \15\ Rule 14.11(c)(3)(A)(i)(e) provides that all securities in
the applicable index or portfolio shall be U.S. Component Stocks
listed on a national securities exchange and shall be NMS Stocks as
defined in Rule 600 under Regulation NMS of the Act.
---------------------------------------------------------------------------

    The Exchange also represents that, except as described above, the
Fund will satisfy, on an initial and continued listing basis, all of
the generic listing standards under BZX Rule 14.11(c)(3)(A)(i) and all
other applicable requirements for Index Fund Shares under Rule
14.11(c). The Trust is required to comply with Rule 10A-3 under the Act
for the initial and continued listing of the Shares of the Fund. In
addition, the Exchange represents that the Shares of the Fund will
comply with all other requirements applicable to Index Fund Shares
including, but not limited to, requirements relating to the
dissemination of key information such as the Disclosed Portfolio, Net
Asset Value, and the Intraday Indicative Value, rules governing the
trading of equity securities, trading hours, trading halts,
surveillance, and the information circular, as set forth in Exchange
rules applicable to Index Fund Shares and the orders approving such
rules. Moreover, all of the options contracts held by the Fund will
trade on markets that are a member of ISG or affiliated with a member
of ISG or with which the Exchange has in place a comprehensive
surveillance sharing agreement.\16\ All statements and representations
made in this filing regarding the index composition, the description of
the portfolio or reference assets, limitations on portfolio holdings or
reference assets, dissemination and availability of index, reference
asset, and intraday indicative values, and the applicability of
Exchange rules specified in this filing shall constitute continued
listing requirements for the Fund. The issuer has represented to the
Exchange that it will advise the Exchange of any failure by the Fund or
the Shares to comply with the continued listing requirements, and,
pursuant to its obligations under Section 19(g)(1) of the Act, the
Exchange will surveil for compliance with the continued listing
requirements. If the Fund or the Shares are not in compliance with the
applicable listing requirements, the Exchange will commence delisting
procedures under Exchange Rule 14.12.
---------------------------------------------------------------------------

    \16\ For a list of the current members and affiliate members of
ISG, see www.isgportal.com. The Exchange notes that not all
components of the Disclosed Portfolio for the Fund may trade on
markets that are members of ISG or with which the Exchange has in
place a comprehensive surveillance sharing agreement.
---------------------------------------------------------------------------

    For the above reasons, the Exchange believes that the proposed rule
change is consistent with the requirements of Section 6(b)(5) of the
Act.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purpose of the Act. The Exchange notes that the
proposed rule change will facilitate the listing and trading of an
additional type of Index Fund Shares that will enhance competition
among market participants, to the benefit of investors and the
marketplace.

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

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

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) by order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-BatsBZX-2017-58 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-BatsBZX-2017-58. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing will also be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-BatsBZX-2017-58 and should be
submitted on or before November 1, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-21813 Filed 10-10-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 103 (Tuesday, May 29, 2012)]
[Rules and Regulations]
[Pages 31496-31498]
[FR Doc No: 2012-12505]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2011-0879; EPA-R01-OAR-2012-0076; FRL-9675.9]

Approval and Promulgation of Air Quality Implementation Plans;
Massachusetts and New Hampshire; Determination of Attainment of the
One-Hour and 1997 Eight-Hour Ozone Standards for Eastern Massachusetts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The EPA is making three separate and independent
determinations. First, the EPA is determining that the Boston-Lawrence-
Worcester (Eastern Massachusetts), MA-NH serious one-hour ozone
nonattainment area met the applicable deadline of November 15, 2007,
for attaining the one-hour National Ambient Air Quality Standard
(NAAQS) for ozone. This final determination is based upon complete,
quality-assured, certified ambient air monitoring data that show the
area attained the level of the now revoked one-hour ozone NAAQS for the
2005-2007 monitoring period. Second, EPA is determining that the
Boston-Lawrence-Worcester (Eastern Massachusetts) moderate 1997 eight-
hour ozone nonattainment area attained the 1997 eight-hour NAAQS for
ozone by its applicable attainment date (June 15, 2010), based upon
complete, quality-assured, certified ambient air monitoring data for
the 2007-2009 monitoring period. Third, EPA is determining that the
Boston-Lawrence-Worcester (Eastern Massachusetts) moderate 1997 eight-
hour ozone nonattainment area has attained the 1997 eight-hour NAAQS
for ozone, based upon complete, quality-assured, certified ambient air
monitoring data for 2008-2010 monitoring period, and continuing through
2011. Under the provisions of EPA's ozone implementation rule, the
requirements for this area to submit an attainment demonstration, a
reasonable further progress plan, contingency measures, and other
planning State Implementation Plans related to attainment of the 1997
eight-hour ozone NAAQS shall be suspended for so long as the area
continues to attain the 1997 ozone NAAQS.

DATES: This rule is effective on June 28, 2012.

ADDRESSES: EPA has established dockets for these actions under Docket
Identification No. EPA-R01-OAR-2011-0879 and EPA-R01-OAR-2012-0076. All
documents in the dockets are listed on the www.regulations.gov Web
site. Although listed in the index, some information is not publicly
available, i.e., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Office of Ecosystem Protection, U.S. Environmental
Protection Agency, EPA New England Regional Office, Office of Ecosystem
Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100,
Boston, MA. EPA requests that if at all possible, you contact the
contact listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 to 4:30, excluding legal
holidays.

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality
Planning Unit, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912, telephone number<PHONE_NUMBER>, fax number<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to
aid in locating information in this preamble.

I. What actions is EPA taking?

II. What is the background for these actions?
III. What is the effect of these actions?
IV. Final Actions
V. Statutory and Executive Order Reviews

I. What actions is EPA taking?

    EPA is making three separate and independent final determinations
for the Boston-Lawrence-Worcester (Eastern Massachusetts), MA-NH
serious one-hour ozone nonattainment area, and the Boston-Lawrence-
Worcester (Eastern Massachusetts) moderate 1997 eight-hour ozone
nonattainment area.

A. Determination of Attainment for the One-Hour Ozone Standard

    First, EPA is determining that the Boston-Lawrence-Worcester
(Eastern Massachusetts), MA-NH serious one-hour ozone nonattainment
area has attained the one-hour ozone NAAQS, by the area's applicable
attainment date of November 15, 2007 based upon complete, quality-
assured and certified ambient air monitoring data for the 2005-2007
monitoring period. The Boston-Lawrence-Worcester, MA-NH one-hour ozone
nonattainment area consists of Barnstable, Bristol, Dukes, Essex,
Middlesex, Nantucket, Norfolk, Plymouth, Suffolk and Worcester Counties
in Massachusetts; along with parts of Hillsborough and Rockingham
Counties in southern New Hampshire. (See 40 CFR 81.322, and 81.330.)

B. Determinations of Attainment for the 1997 Eight-Hour Ozone Standard

    Second, EPA is determining, under section 181(b)(2)(A) of the Clean
Air Act (CAA), that the Boston-Lawrence-Worcester (Eastern
Massachusetts) moderate 1997 eight-hour ozone nonattainment area
attained the 1997 eight-hour ozone NAAQS by its applicable attainment
date (June 15, 2010). The Eastern Massachusetts 1997 eight-hour ozone
nonattainment area consists of Barnstable, Bristol, Dukes, Essex,
Middlesex, Nantucket, Norfolk, Plymouth, Suffolk and Worcester
Counties, in Massachusetts.
    Finally, EPA is determining that the Boston-Lawrence-Worcester
(Eastern Massachusetts) moderate 1997 eight-hour ozone nonattainment
area has attained the 1997 eight-hour ozone NAAQS, based upon complete,
quality-assured and certified ambient air monitoring data for the 2008-
2010 and 2009-2011 monitoring periods.

II. What is the background for these actions?

    On December 14, 2011 (76 FR 77739), EPA published in the Federal
Register a Notice of Proposed Rulemaking (NPR) proposing its
determination under section 181(b)(2) that the Boston-Lawrence-
Worcester (Eastern Massachusetts), MA-NH serious one-hour ozone
nonattainment area attained the one-hour ozone NAAQS by November 15,
2007, the area's applicable attainment deadline. The rationale and
bases for EPA's proposed determination are set forth in the December
14, 2011 NPR, and need not be restated here. EPA received no comments
on the NPR.
    On March 13, 2012 (77 FR 14712), EPA published in the Federal
Register an NPR proposing its determinations that the Boston-Lawrence-
Worcester (Eastern Massachusetts), MA moderate eight-hour ozone
nonattainment area attained the 1997 eight-hour ozone NAAQS by June 15,
2010, the area's applicable attainment deadline, and that the area
continues to attain the 1997 8-hour ozone NAAQS. The rationale and
bases for EPA's proposed determinations are set forth in the March 13,
2012 NPR, and need not be restated here. EPA received no comments on
the NPR.

III. What is the effect of these actions?

A. For the One-Hour Ozone Standard

    After revocation of the one-hour ozone standard, EPA must continue
to provide a mechanism to give effect to the one-hour anti-backsliding
requirements. See SCAQMD v. EPA, 472 F.3d 882, at 903 (DC Cir. 2006).
In keeping with this responsibility, EPA has determined that the
Boston-Lawrence-Worcester, MA-NH serious one-hour ozone nonattainment
area attained the one-hour ozone standard by the area's applicable
attainment date of November 15, 2007. In this context, EPA has also
determined that there are no additional obligations under the revoked
one-hour standard, including those relating to one-hour ozone
contingency measures, for the Boston-Lawrence-Worcester, MA-NH one-hour
ozone nonattainment area.

B. For the Eight-Hour Ozone Standard

    In accordance with CAA section 181(b)(2)(A), EPA is determining
that the Boston-Lawrence-Worcester (Eastern Massachusetts) moderate
1997 eight-hour ozone nonattainment area attained the 1997 ozone NAAQS
by its applicable attainment date of June 15, 2010. The effect of this
determination of attainment by the area's attainment date is to
discharge EPA's obligation under section 181(b)(2)(A), and to establish
that, in accordance with that section, the area will not be
reclassified for failure to attain by its applicable attainment date.
    EPA is also determining that the Boston-Lawrence-Worcester (Eastern
Massachusetts) moderate 1997 eight-hour ozone nonattainment area has
attained the 1997 eight-hour ozone NAAQS, based upon the most recent
complete, quality-assured and certified ambient air monitoring data,
for the 2008-2010 and 2009-2011 monitoring periods. Under the
provisions of EPA's ozone implementation rule (see 40 CFR 51.918), a
determination that the area is attaining the 1997 eight-hour ozone
standard suspends the requirements for the Boston-Lawrence-Worcester
(Eastern Massachusetts) moderate 1997 eight-hour ozone nonattainment
area to submit an attainment demonstration, a reasonable further
progress plan, section 172(c)(9) contingency measures, and any other
planning State Implementation Plans (SIPs) related to attainment of the
1997 eight-hour ozone NAAQS for so long as the area continues to attain
the 1997 ozone NAAQS.
    EPA's determination that the area has attained the 1997 eight-hour
ozone standard does not constitute a redesignation to attainment for
that standard under CAA section 107(d)(3), because EPA has not yet
approved a maintenance plan for the area, as required under section
175A of the CAA, nor determined that the area has met the other
requirements for redesignation. Thus, the classification and
designation status of the area remains moderate nonattainment for the
1997 eight-hour ozone NAAQS until such time as EPA determines that it
meets the CAA requirements for redesignation to attainment. If EPA
subsequently determines, after notice-and-comment rulemaking in the
Federal Register, that the Boston-Lawrence-Worcester (Eastern
Massachusetts) moderate 1997 eight-hour ozone area's basis for the
suspension of these requirements no longer exists, then the area would
thereafter have to address the pertinent requirements.

IV. Final Actions

    EPA is making three separate and independent determinations. First,
EPA is determining that the Boston-Lawrence-Worcester, MA-NH one-hour
ozone nonattainment area met its applicable one-hour ozone attainment
date of November 15, 2007, based on 2005-2007 complete, certified,
quality-assured ozone monitoring data. Second, EPA is determining,
pursuant to CAA section 181(b)(2)(A), that the Boston-Lawrence-
Worcester (Eastern Massachusetts) moderate 1997 eight-hour ozone
nonattainment area met the applicable eight-hour ozone attainment

date of June 15, 2010, based on 2007-2009 complete, certified, quality-
assured ozone monitoring data. Third, EPA is determining that the
Boston-Lawrence-Worcester (Eastern Massachusetts) moderate 1997 eight-
hour ozone nonattainment area has attained the applicable eight-hour
ozone standard based on complete, certified, quality-assured ozone
monitoring data for 2008-2010 and 2009-2011.

IV. Statutory and Executive Order Reviews

    These actions make determinations of attainment based on air
quality, result in the suspension of certain Federal requirements, and/
or would not impose additional requirements beyond those imposed by
state law. For that reason, these actions:
     Are not ``significant regulatory actions'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, these actions do not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing these actions and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 30, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: May 14, 2012.
Ira W. Leighton,
Acting Regional Administrator, EPA New England.
    Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 52--[AMENDED]

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

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

Subpart W--Massachusetts

0
2. Section 52.1129 is amended by adding paragraphs (f) and (g) to read
as follows:

Sec.  52.1129  Control strategy: Ozone.

* * * * *
    (f) Determination of Attainment for the One-Hour Ozone Standard.
Effective June 28, 2012, EPA is determining that the Boston-Lawrence-
Worcester, MA-NH one-hour ozone nonattainment area met the one-hour
ozone standard, by the area's applicable attainment date of November
15, 2007, based on 2005-2007 complete, certified, quality-assured ozone
monitoring data at all monitoring sites in the area.
    (g) Determination of Attainment. (1) Determination of Attainment by
Attainment Date; and
    (2) Determination of Attainment. Effective June 28, 2012.
    (i) Determination of Attainment by the Area's Attainment Date. EPA
is determining that the Boston-Lawrence-Worcester, MA eight-hour ozone
nonattainment area met the applicable June 15, 2010 attainment deadline
for the 1997 eight-hour ozone standard.
    (ii) EPA is determining that the Boston-Lawrence-Worcester, MA
eight-hour ozone nonattainment area has attained the 1997 eight-hour
ozone standard. Under the provisions of EPA's ozone implementation rule
(see 40 CFR 51.918), this determination suspends the reasonable further
progress and attainment demonstration requirements of section 182(b)(1)
and related requirements of section 172(c)(9) of the Clean Air Act for
as long as the area continues to attain the 1997 eight-hour ozone
standard. If EPA determines, after notice-and comment rulemaking, that
the Boston-Lawrence-Worcester, MA area no longer meets the 1997 ozone
NAAQS, this determination shall be withdrawn.

Subpart EE--New Hampshire

0
3. Section 52.1534 is amended by adding paragraph (f) to read as
follows:

Sec.  52.1534  Control strategy: Ozone.

* * * * *
    (f) Determination of Attainment for the One-Hour Ozone Standard.
Effective June 28, 2012, EPA is determining that the Boston-Lawrence-
Worcester, MA-NH one-hour ozone nonattainment area met the one-hour
ozone standard, by the area's applicable attainment date of November
15, 2007, based on 2005-2007 complete, certified, quality-assured ozone
monitoring data at all monitoring sites in the area.

[FR Doc. 2012-12505 Filed 5-25-12; 8:45 am]
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[Federal Register Volume 77, Number 105 (Thursday, May 31, 2012)]
[Notices]
[Pages 32122-32123]
[FR Doc No: 2012-13142]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0345]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Experimental Study on
Consumer Responses to Nutrition Facts Labels With Various Footnote
Formats and Declaration of Amount of Added Sugars; Withdrawal

AGENCY: Food and Drug Administration, HHS.

ACTION: Withdrawal of notice.

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SUMMARY: This document withdraws a Food and Drug Administration (FDA)
notice that published in the Federal Register of December 29, 2011 (76
FR 81948).

DATES: This notice is withdrawn on May 31, 2012.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Information
Management, Food and Drug Administration, 1350 Piccard Dr., PI50-400T,
Rockville, MD 20850<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: FDA published a notice in the Federal
Register of December 29, 2011, informing interested parties that the
proposed collection of information entitled ``Experimental Study on
Consumer Responses to Nutrition Facts Labels With Various Footnote
Formats and Declaration of Amount of Added Sugars'' had been submitted
to the Office of Management and Budget (OMB) for review and clearance
under the Paperwork Reduction Act of 1995 and inviting the public to
submit comments on the proposed study to OMB. The notice also announced
FDA's plans to change the study by examining consumer reactions to the
declaration of added sugars instead of the declaration of vitamins and
minerals by weight. OMB received requests for an extension of time to
comment on this change to the study. In response to these requests, FDA
is providing an opportunity for comment on the current design of the
study, including the added sugars component, by publishing a new 60-day
notice, elsewhere in this issue of the Federal Register, describing the
study as currently envisioned and inviting the public to submit
comments to the

Agency's docket. After considering any comments received, the Agency
will resubmit the proposed collection of information to OMB. Thus, FDA
is withdrawing the proposed collection of information published on
December 29, 2011, at this time.

    Dated: May 22, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-13142 Filed 5-30-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 76, Number 162 (Monday, August 22, 2011)]
[Notices]
[Pages 52323-52324]
[FR Doc No: 2011-21281]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings; Filings Instituting Proceedings

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

    Docket Numbers: RP11-2365-000.
    Applicants: Cheyenne Plains Gas Pipeline Company, L.L.C.
    Description: Cheyenne Plains Gas Pipeline Company, L.L.C. submits
tariff filing per 154.402: ACA Filing effective 10-1-11 to be effective
10/1/2011.
    Filed Date: 08/11/2011.
    Accession Number: 20110811-5090.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 23, 2011.

    Docket Numbers: RP11-2366-000.
    Applicants: Colorado Interstate Gas Company.
    Description: Colorado Interstate Gas Company submits tariff filing
per 154.402: ACA Filing--effective 10-1-11 to be effective 10/1/2011.
    Filed Date: 08/11/2011.
    Accession Number: 20110811-5091.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 23, 2011.

    Docket Numbers: RP11-2367-000.
    Applicants: El Paso Natural Gas Company.
    Description: El Paso Natural Gas Company submits tariff filing per
154.402: ACA Filing--effective 10-1-11 to be effective 10/1/2011.
    Filed Date: 08/11/2011.
    Accession Number: 20110811-5092.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 23, 2011.

    Docket Numbers: RP11-2368-000.
    Applicants: Mojave Pipeline Company, LLC.

    Description: Mojave Pipeline Company, LLC submits tariff filing per
154.402: ACA Filing--effective 10-1-11 to be effective 10/1/2011.
    Filed Date: 08/11/2011.
    Accession Number: 20110811-5093.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 23, 2011.

    Docket Numbers: RP11-2369-000.
    Applicants: Wyoming Interstate Company, L.L.C.
    Description: Wyoming Interstate Company, L.L.C. submits tariff
filing per 154.402: ACA Filing--effective 10-1-11 to be effective 10/1/
2011.
    Filed Date: 08/11/2011.
    Accession Number: 20110811-5094.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 23, 2011.

    Docket Numbers: RP11-2370-000.
    Applicants: Young Gas Storage Company, Ltd.
    Description: Young Gas Storage Company, Ltd. submits tariff filing
per 154.402: ACA Filing--effective 10-1-11 to be effective 10/1/2011.
    Filed Date: 08/11/2011.
    Accession Number: 20110811-5095.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 23, 2011.

    Docket Numbers: RP11-2371-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Transcontinental Gas Pipe Line Company, LLC submits
tariff filing per 154.204: Revisions to GT&C Section 25 and Section 37
to be effective 9/11/2011.
    Filed Date: 08/11/2011.
    Accession Number: 20110811-5100.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 23, 2011.

    Docket Numbers: RP11-2372-000.
    Applicants: Southern Natural Gas Company, L.L.C.
    Description: Southern Natural Gas Company, L.L.C. submits tariff
filing per 154.402: ACA Surcharge Filing to be effective 10/1/2011.
    Filed Date: 08/12/2011.
    Accession Number: 20110812-5038.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 24, 2011.

    Docket Numbers: RP11-2373-000.
    Applicants: Southern LNG Company, L.L.C.
    Description: Southern LNG Company, L.L.C. submits tariff filing per
154.402: ACA Surcharge Filing to be effective 10/1/2011.
    Filed Date: 08/12/2011.
    Accession Number: 20110812-5039.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 24, 2011.

    Docket Numbers: RP11-2374-000.
    Applicants: Big Sandy Pipeline, LLC.
    Description: Petition for Temporary Waiver and Request for
Expedited Action and Shortened Comment Period of Big Sandy Pipeline,
LLC.
    Filed Date: 08/11/2011.
    Accession Number: 20110811-5141.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 17, 2011.
    Docket Numbers: RP11-2375-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.204: Creditworthiness to be effective 9/12/2011.
    Filed Date: 08/12/2011.
    Accession Number: 20110812-5063.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 24, 2011.
    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
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, and service 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 (202) 502-
8659.

    Dated: August 12, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-21281 Filed 8-19-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 9, 2008 (Volume 73, Number 91)]
[Notices]
[Page 26380-26381]
[DOCID:fr09my08-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13014-000]

Agency Valley Hydro, LLC ; Notice of Application Accepted for
Filing and Soliciting Motions To Intervene, Protests, and Comments

May 2, 2008.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 13014-000.
    c. Date filed: August 31, 2007.
    d. Applicant: Agency Valley Hydro, LLC.
    e. Name of Project: Agency Valley Dam Hydroelectric Project.
    f. Location: Malheur River in Malheur County, Oregon. It would use
the U.S. Bureau of Reclamation's Agency Valley Dam.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Brent L. Smith, COO, Symbiotics, LLC,
P.O. Box 535, Rigby, ID 83442,<PHONE_NUMBER>.
    i. FERC Contact: Robert Bell,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Comments, protests, and
interventions may be filed electronically via the Internet in lieu of
paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the project
number (P-13014-000) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project using the U.S.
Bureau of Reclamation's Agency Valley Dam and operated in a run-of-
river mode would consist of: (1) One 223-foot-long, 72-inch-diameter
steel penstock; (2) a new powerhouse and switchyard; (3) one turbine/
generator unit with an installed capacity of 2 megawatts; (4) a new
0.04-mile-long above ground 12.5-kilovolt transmission line extending
from the switchyard to an interconnection point with the utility
distribution system owned by Harney Electric Coop; and (5) appurtenant
facilities. The proposed Agency Valley Dam Project would have an
average annual generation of 4 gigawatt-hours.
    l. This filing is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's Web site at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, call toll-free 1-866-208-3676 or
e-mail<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy
is also available for inspection and reproduction at the address in
item h above.
    m. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR 4.30
and 4.36.
    n. Competing Development Application--Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a

competing development application or a notice of intent to file such an
application. Submission of a timely notice of intent to file a
development application allows an interested person to file the
competing application no later than 120 days after the specified
comment date for the particular application. A competing license
application must conform with 18 CFR 4.30 and 4.36.
    o. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    p. Proposed Scope of Studies Under Permit--A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    q. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    r. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'',
``PROTEST'', and ``MOTION TO INTERVENE'', as applicable, and the
Project Number of the particular application to which the filing
refers. Any of the above-named documents must be filed by providing the
original and the number of copies provided by the Commission's
regulations to: The Secretary, Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426. An additional copy must be
sent to Director, Division of Hydropower Administration and Compliance,
Federal Energy Regulatory Commission, at the above-mentioned address. A
copy of any notice of intent, competing application or motion to
intervene must also be served upon each representative of the Applicant
specified in the particular application.
    s. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-10301 Filed 5-8-08; 8:45 am]

BILLING CODE 6717-01-P