[Federal Register Volume 80, Number 85 (Monday, May 4, 2015)]
[Notices]
[Page 25347]
[FR Doc No: 2015-10437]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

 In the Matter of Eden Energy Corp. and Fifth Season
International, Inc., Order of Suspension of Trading

April 30, 2015.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Eden Energy Corp. because it has not filed any periodic reports since
the period ended June 30, 2012.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Fifth Season International, Inc. because it has not filed any periodic
reports since the period ended September 30, 2012.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies. Therefore, it is ordered,
pursuant to Section 12(k) of the Securities Exchange Act of 1934, that
trading in the securities of the above-listed companies is suspended
for the period from 9:30 a.m. EDT on April 30, 2015, through 11:59 p.m.
EDT on May 13, 2015.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-10437 Filed 4-30-15; 11:15 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Notices]
[Pages 68947-68949]
[FR Doc No: 2019-27112]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2018-0001]

State Plans: Coverage of the Aircrews in Aircraft Regulated by
the Federal Aviation Administration--Changes to Level of Federal
Enforcement for Alaska, Arizona, California, Hawaii, Indiana, Iowa,
Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North
Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah,
Vermont, Virginia, Washington, and Wyoming

AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.

ACTION: Notice.

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SUMMARY: This document provides notice of the declination of coverage
over the working conditions of aircraft cabin crewmembers onboard
aircraft in operation by all twenty-two (22) OSHA-approved State Plans
which cover the private sector. On March 26, 2014, OSHA began applying
three safety and health standards to the working conditions of aircraft
cabin crewmembers on aircraft in operation. Section 18 of the
Occupational Safety and Health Act of 1970, 29 U.S.C. 667 (OSH Act)
grants the OSHA-approved State Plans the authority to regulate the
working conditions of these employees to the extent consistent with the
Federal Aviation Act. Subsequently, OSHA required the State Plans to
either elect to amend their State Plans to cover aircraft cabin
crewmembers on aircraft in operation, or to decline to exercise such
authority, in which case coverage would remain a Federal OSHA
responsibility. All affected State Plans declined. OSHA is hereby
amending the State Plans' coverage in all of the twenty-two (22) OSHA-
approved State Plans covering the private sector to reflect the
declination of State Plan coverage, and the continuation of Federal
OSHA enforcement authority over the working conditions of aircraft
cabin crewmembers while they are onboard aircraft in operation, and
notifying affected employers and employees of this action.

DATES: December 17, 2019.

FOR FURTHER INFORMATION CONTACT:
    For press inquiries: Francis Meilinger, Director, OSHA Office of
Communications; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    For general and technical information: Douglas J. Kalinowski,

Director, OSHA Directorate of Cooperative and State Programs;
telephone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Section 18 of the OSH Act provides that State Plans that wish to
assume responsibility for developing and enforcing their own
occupational safety and health standards may do so by submitting and
obtaining federal approval of a State Plan. State Plan approval occurs
in stages that include initial approval under Section 18(c) and final
approval under Section 18(e). The twenty-two (22) OSHA-approved State
Plans that cover the private sector are: Alaska, Arizona, California,
Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada,
New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina,
Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming.\1\
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    \1\ Connecticut, New York, New Jersey, Illinois, Maine, and the
Virgin Islands operate State Plans limited in coverage to State and
local government employees and are not affected by this notice.
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II. The Federal Aviation Administration

    Section 4(b)(1) of the OSH Act, 29 U.S.C. 653(b)(1) provides that
OSHA cannot regulate working conditions of employees with respect to
which other Federal agencies exercise statutory authority to prescribe
or enforce standards or regulations affecting occupational safety and
health. Pursuant to the Federal Aviation Act of 1958, the Federal
Aviation Administration (FAA) is charged with the promotion of safe
flight of civil aircraft in air commerce by prescribing regulations and
minimum standards for practices, methods, and procedures the FAA
Administrator finds necessary for safety in air commerce and national
security. (49 U.S.C. 44701 et seq.). On July 10, 1975, FAA published a
Notice in the Federal Register setting forth FAA's determination that
its authority to promote the safety of civil aircraft operations
``completely encompass[ed] the safety and health aspects of the work
environments of aircraft crewmembers,'' 40 FR 29114. Thus, OSHA was
preempted from regulating the working conditions of aircraft cabin
crewmembers onboard aircraft in operation.
    On August 27, 2013, the FAA Administrator published in the Federal
Register a Notice of Availability of a Policy Statement, that states
FAA has not exercised statutory authority to cover all working
conditions affecting aircraft cabin crewmembers while onboard aircraft
in operation, 78 FR 52848. FAA stated that OSHA can apply three of its
occupational safety and health standards to the working conditions of
aircraft cabin crewmembers while they are onboard aircraft in operation
(except flight crew members).
    These standards are hazard communication (29 CFR 1910.1200),
bloodborne pathogens exposure (29 CFR 1910.1030), and occupational
noise exposure (29 CFR 1910.95). The working conditions addressed by
these three standards are the only working conditions of aircraft cabin
crewmembers while they are onboard aircraft in operation subject to
OSHA enforcement. FAA continues to exercise its statutory authority
over all other working conditions of aircraft cabin crewmembers while
they are on aircraft in operation, and to fully cover flight deck crew
occupational safety and health issues while they are on aircraft in
operation.
    For the purposes of Federal OSHA enforcement authority, an aircraft
cabin crewmember means a person assigned to perform a duty in an
aircraft cabin when the aircraft is in operation (other than flight
crewmembers). For this purpose, an aircraft is ``in operation'' from
the time it is first boarded by a crewmember, in preparation for a
flight, to the time the last crewmember leaves the aircraft after
completion of that flight, including stops on the ground during which
at least one crewmember remains on the aircraft, even if the engines
are shut down.
    Separate from this FAA policy change, OSHA already has authority to
enforce its regulations on recordkeeping, 29 CFR part 1904, and access
to employee exposure and medical records, 29 CFR 1910.1020. These
regulations are not subject to preemption by Section 4(b)(1) of the OSH
Act. OSHA also already has the responsibility to investigate employee
complaints of discrimination for engaging in protected activity related
to safety or health in the workplace, under Section 11(c) of the OSH
Act, 29 U.S.C. 660(c). Investigations of employee complaints of
discrimination for providing information about alleged violations of
FAA requirements or of any Federal law relating to air carrier safety
are also OSHA's responsibility under Section 519 of the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century, Public Law
106-181, 49 U.S.C. 42121, which is the subject of a separate OSHA-FAA
Memorandum of Understanding (MOU), 67 FR 55883 (Aug. 30, 2002).
    Accordingly, OSHA assumed this authority for the enforcement of the
hazard communication, bloodborne pathogens, and noise standard with
respect to aircraft cabin crewmembers on aircraft in operation on March
26, 2014. It now enforces these three standards with respect to these
employees. OSHA and FAA also entered into a MOU on August 26, 2014, to
facilitate coordination and cooperation between the two agencies
concerning OSHA's enforcement of these three standards for these
employees.

III. OSHA-Approved State Plans

    Section 18 of the OSH Act grants the OSHA-approved State Plans the
authority to regulate the working conditions of employees. Thus, these
agencies might cover aircraft cabin crewmembers while they are onboard
aircraft in operation, to the extent consistent with the Federal
Aviation Act. State Plans also have the ability to have safety and
health standards that differ from Federal OSHA's, as long as those
standards are at least as effective as Federal OSHA's, under Section
18(c)(2) of the OSH Act, 29 U.S.C. 667(c). However, FAA expressed
concern about airlines being subject to different sets of rules as they
fly into and out of different states. (78 FR 52848, 52850).
    Subsequently, OSHA required the State Plans to either elect to
amend their State Plans to cover aircraft cabin crewmembers or to
decline to exercise such authority, in which case coverage would remain
a Federal OSHA responsibility. All affected State Plans declined.

IV. Notice of Change in Coverage

    OSHA is hereby amending the coverage of approved State Plans to
reflect this declination of State coverage and the continuation of
Federal OSHA enforcement authority over the enforcement of these three
occupational safety and health standards for aircraft cabin crewmembers
while they are onboard aircraft in operation in the twenty-two (22)
OSHA-approved State Plans that cover the private sector. The State Plan
web pages maintained by OSHA have been updated to reflect this notice.

V. Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, authorized
the preparation of this notice. OSHA is issuing this notice under the
authority

specified by Section 18 of the Occupational Safety and Health Act of
1970 (29 U.S.C. 667), Secretary of Labor's Order No. 1-2012 (77 FR
3912), and 29 CFR parts 1902 and 1953.

    Signed in Washington, DC.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2019-27112 Filed 12-16-19; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register: November 15, 2007 (Volume 72, Number 220)]
[Notices]
[Page 64206-64208]
[DOCID:fr15no07-56]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

November 5, 2007.
    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC08-9-000.
    Applicants: Warren Power, LLC.
    Description: Application of Warren Power, LLC for authorization of
disposition of jurisdictional assets.
    Filed Date: 10/31/2007.
    Accession Number: 20071102-0083.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 21, 2007.

    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Numbers: EG08-10-000.
    Applicants: Wheatfield Wind Power Project, LLC.
    Description: Wheatfield Wind Power Project LLC submits a Notice of
Self-Certification of EWG.
    Filed Date: 11/01/2007.
    Accession Number: 20071101-5147.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER97-420-016.
    Applicants: ProLiance Energy, LLC.
    Description: ProLiance Energy, LLC submits a change in status
notification.
    Filed Date: 10/31/2007.
    Accession Number: 20071102-0074.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 21, 2007.

    Docket Numbers: ER96-1551-019; ER01-615-015; ER07-965-001.
    Applicants: Public Service Company of New Mexico.
    Description: Public Service Company of New Mexico and EnergyCo
Marketing and Trading, LLC provides notification of changes in status,
et al.
    Filed Date: 10/26/2007.
    Accession Number: 20071102-0112.
    Comment Date: 5 p.m. Eastern Time on Friday, November 16, 2007.

    Docket Numbers: ER98-855-009.
    Applicants: Wisconsin Electric Power Company.
    Description: Wisconsin Electric Power Company submits its Notice of
Change in Status of FERC Electric Market Rate Tariff and on 10/29/07
submit clean and relined version with proper page numbering of its
Tariff.
    Filed Date: 10/26/2007; 10/29/2007.
    Accession Number: 20071101-0062; 20071101-0063.
    Comment Date: 5 p.m. Eastern Time on Friday, November 16, 2007.

    Docket Numbers: ER98-1643-011.
    Applicants: Portland General Electric Company.
    Description: Portland General Electric Company submits its Notice
of Change in Status re the construction of Biglow Canyon Wind Farm.
    Filed Date: 10/31/2007.
    Accession Number: 20071101-0075.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 21, 2007.

    Docket Numbers: ER03-428-006.
    Applicants: ConocoPhillips Company.
    Description: ConocoPhillips Co. notifies FERC of a non-material
change in status in accordance with reporting requirements adopted in
Order 652, etc.
    Filed Date: 10/30/2007.
    Accession Number: 20071102-0073.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 20, 2007.

    Docket Numbers: ER03-534-004.
    Applicants: Ingenco Wholesale Power, LLC.
    Description: Ingenco Wholesale Power, LLC submits a compliance
filing of revisions to the proposed market-base rate tariff in
accordance with Order 697.
    Filed Date: 10/30/2007.
    Accession Number: 20071102-0072.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 20, 2007.

    Docket Numbers: ER07-965-001.
    Applicants: EnergyCo. Marketing and Trading, LLC; Public Service
Company of New Mexico.
    Description: Public Service Company of New Mexico and EnergyCo.
Marketing and Trading, LLC provides notification of changes in status.
    Filed Date: 10/26/2007.
    Accession Number: 20071102-0112.
    Comment Date: 5 p.m. Eastern Time on Friday, November 16, 2007.

    Docket Numbers: ER07-1156-002.
    Applicants: PacifiCorp.
    Description: PacifiCorp. submits a refund report in accordance with
Commission's 8/28/07 Letter Order.
    Filed Date: 10/30/2007.
    Accession Number: 20071101-0077.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 20, 2007.

    Docket Numbers: ER07-1215-002.
    Applicants: The Royal Bank of Scottland plc.
    Description: The Royal Bank of Scotland plc submits its market-
based rate tariff in accordance with FERC's directions.
    Filed Date: 10/22/2007.
    Accession Number: 20071101-0079.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 13, 2007.

    Docket Numbers: ER07-1219-001.
    Applicants: Southern Company Services, Inc.
    Description: Southern Company Services Inc, acting agent for
Alabama Power Company et al. submits its compliance filing to FERC's
Order issued on 9/27/07.
    Filed Date: 10/29/2007.
    Accession Number: 20071101-0076.
    Comment Date: 5 p.m. Eastern Time on Monday, November 19, 2007.

    Docket Numbers: ER07-1226-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits a compliance filing
providing for revisions to Attachments H and T of its Open Access
Transmission Tariff.
    Filed Date: 10/29/2007.
    Accession Number: 20071101-0078.
    Comment Date: 5 p.m. Eastern Time on Monday, November 19, 2007.

    Docket Numbers: ER07-1263-003.
    Applicants: High Sierra Power Marketing, LLC.
    Description: High Sierra Power Marketing, LLC submits Substitute
Original Sheet 1, et al. to FERC Electric Tariff, Original Volume 1,
effective 9/19/07.
    Filed Date: 10/31/2007.
    Accession Number: 20071102-0076.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 21, 2007.

    Docket Numbers: ER07-1264-003.
    Applicants: Sierra Power Asset Marketing, LLC.
    Description: Sierra Power Asset Marketing submits Substitute
Original Sheet 1 et al. to FERC Electric Tariff, Original Volume 1,
effective 9/19/07.
    Filed Date: 10/31/2007.
    Accession Number: 20071102-0075.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 21, 2007.

    Docket Numbers: ER07-1389-001.
    Applicants: Pypha Energy, LLC.
    Description: Pypha Energy, LLC submits their market based rate
authority and Substitute Original Sheet 1, 2, and 3 to FERC Electric
Tariff, Original Volume 1.
    Filed Date: 10/29/2007.
    Accession Number: 20071101-0080.
    Comment Date: 5 p.m. Eastern Time on Monday, November 19, 2007.

    Docket Numbers: ER08-77-001.
    Applicants: Golden Spread Electric Cooperative, Inc.
    Description: Golden Spread Electric Cooperative Inc submits
amendments to its First Revised Rate Schedule 23-33.
    Filed Date: 10/26/2007.
    Accession Number: 20071101-0081.
    Comment Date: 5 p.m. Eastern Time on Friday, November 16, 2007.

    Docket Numbers: ER08-95-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits an executed
interconnection service agreement and an executed construction service
agreement with Rutgers University et al.
    Filed Date: 10/29/2007.
    Accession Number: 20071101-0109.
    Comment Date: 5 p.m. Eastern Time on Monday, November 19, 2007.

    Docket Numbers: ER08-98-000.
    Applicants: The Connecticut Light and Power Company.
    Description: Northeast Utilities Service Co., on behalf of the
Connecticut Light & Power Co., submits a revised Interconnection &
Operation Agreement with Milford Power

Company, LLC designated as First Revised Agreement 101.
    Filed Date: 10/30/2007.
    Accession Number: 20071101-0084.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 20, 2007.

    Docket Numbers: ER08-99-000.
    Applicants: MidAmerican Energy Company.
    Description: MidAmerican Energy Company submits an Engineering and
Procurement Agreement with Generation Supply Function of MidAmerican
(Interconnection Customer) and the Transmission Function of
MidAmerican.
    Filed Date: 10/30/2007.
    Accession Number: 20071101-0083.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 20, 2007.

    Docket Numbers: ER08-100-000.
    Applicants: Sempra Energy Trading, LLC.
    Description: Sempra Energy Trading, LLC submits a notice of
succession that reflects the name change that became effective 9/30/07
and Fourth Revised Rate Schedule 1, et al.
    Filed Date: 10/30/2007.
    Accession Number: 20071101-0082.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 20, 2007.

    Docket Numbers: ER08-108-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits revisions to its
Open Access Transmission Tariff to reflect updated of annual values
used in calculation of offer caps for all pivotal resources.
    Filed Date: 10/29/2007.
    Accession Number: 20071101-0099.
    Comment Date: 5 p.m. Eastern Time on Monday, November 19, 2007.

    Docket Numbers: ER08-109-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits proposed revisions to its Open Access Transmission and Energy
Markets Tariff on Transition to Auction Revenue Rights, etc.
    Filed Date: 10/30/2007.
    Accession Number: 20071101-0097.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 20, 2007.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Acting Deputy Secretary.
 [FR Doc. E7-22276 Filed 11-14-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: August 7, 2008 (Volume 73, Number 153)]
[Notices]
[Page 46105-46106]
[DOCID:fr07au08-112]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58262; File No. SR-CBOE-2008-74]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to Amendments to the Customer Portfolio Margin
Pilot Program

July 30, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or Exchange Act) \1\ and Rule 19b-4 thereunder,\2\ notice is
hereby given that on July 24, 2008, Chicago Board Options Exchange,
Incorporated (``CBOE'' or the ``Exchange'') 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
substantially prepared by CBOE. CBOE has designated the proposed rule
change as ``constituting a stated policy, practice, or interpretation
with respect to the meaning, administration, or enforcement of an
existing rule'' under Section 19(b)(3)(A)(i) of the Act \3\ and Rule
19b-4(f)(1) thereunder,\4\ which renders the proposal effective upon
receipt of this filing by the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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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)(i).
    \4\ 17 CFR 240.19b-4(f)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CBOE proposes to amend Rules 12.4--Portfolio Margin, and 15.8A--
Risk Analysis of Portfolio Margin Accounts. The text of the proposed
rule change is available on the Exchange's Web site (http://
www.cboe.org/legal), at the Exchange's Office of the Secretary 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, CBOE 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. CBOE has prepared summaries, set forth in sections A, B,
and C below, of the most significant aspects of such statements.

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

1. Purpose
    The Exchange's customer portfolio margining program, as previously
approved by the Commission, allows broker-dealers, for eligible
securities, to compute customer margin requirements based on a
portfolio margining methodology. The program is codified in CBOE Rules
9.15(c)--Delivery of Current Options Disclosure Documents, 12.4--
Portfolio Margin, 13.5--Customer Portfolio Margin Accounts, and 15.8A--
Risk Analysis of Portfolio Margin Accounts.
    The Exchange proposes to amend Rules 12.4 and 15.8A to add certain

provisions to those rules that are currently included in the
``Frequently Asked Questions'' regarding portfolio margin requirements
published by the New York Stock Exchange.\5\ Specifically, the Exchange
proposes to amend Rule 12.4(i)(5) to specify that a portfolio margin
account has three days to meet a requisite margin call incurred as a
result of a day trade. The Exchange proposes to amend Rule 15.8A(c) to
specify that a member organization shall monitor the credit exposure
resulting from concentrated positions within both individual portfolio
margin accounts and across all portfolio margin accounts.\6\ The
effective date of the proposed rule change shall be August 1, 2008.
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    \5\ This document is located at http://www.nyse.com/pdfs/
PortfolioMargin_101707.pdf.
    \6\ The Exchange understands that FINRA proposed similar rule
changes that, if approved, would continue to provide a uniform
approach with respect to portfolio margining. See (SR-FINRA-2008-
042).
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2. Statutory Basis
    Because the proposed rule change codifies previously issued SRO
guidance regarding portfolio margining, the Exchange believes the
proposed rule change is consistent with Section 6(b) of the
Exchange,\7\ in general, and furthers the objectives of Section 6(b)(5)
of the Act \8\ in particular, in that it is designed to perfect the
mechanism of a free and open market and to protect investors and the
public interest.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the foregoing proposed rule change constitutes a stated
policy, practice or interpretation with respect to the meaning,
administration, or enforcement of an existing rule, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and paragraph
(f)(1) of Rule 19b-4 thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

    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.

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 Number SR-CBOE-2008-74 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 Number SR-CBOE-2008-74. 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 Room, 100 F Street, NE.,
Washington, DC 20549 on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of CBOE. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2008-74 and should be
submitted on or before August 28, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-18074 Filed 8-6-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: May 6, 2010 (Volume 75, Number 87)]
[Proposed Rules]
[Page 24828-24835]
[DOCID:fr06my10-16]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 37

[Docket No. RM10-22-000]

Promoting a Competitive Market for Capacity Reassignments

April 29, 2010.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: Based on the Commission's experience to date and a two-year
study, released April 15, 2010, the Federal Energy Regulatory
Commission proposes in this Notice of Proposed Rulemaking to lift the
price cap for all transmission customers reassigning transmission
capacity beyond October 1, 2010. The reforms proposed in this order are
intended to facilitate the development of a market for capacity
reassignments as a competitive alternative to primary capacity.

DATES: Comments are due July 6, 2010.

ADDRESSES: You may submit comments, identified by docket number by any
of the following methods:
     Agency Web site: Documents created electronically using
word processing software should be filed in native applications or
print-to-PDF format and not in a scanned format.
     Mail/Hand Delivery: Commenters unable to file comments
electronically must mail or hand deliver an original and 14 copies of
their comments to: Federal Energy Regulatory Commission, Office of the
Secretary, 888 First Street, NE., Washington, DC 20426.
    Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Comment
Procedures Section of this document.

FOR FURTHER INFORMATION CONTACT:

Laurel Hyde (Technical Information), Office of Energy Market
Regulation, Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426,<PHONE_NUMBER>,
A. Cory Lankford (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

    1. Based on the Commission's experience to date and a two-year
study, released April 15, 2010,\1\ the Federal Energy Regulatory
Commission (Commission) proposes in this Notice of Proposed Rulemaking
(NOPR) to lift the price cap for all transmission customers reassigning
transmission capacity beyond October 1, 2010. The reforms proposed in
this order are intended to facilitate the development of a market for
capacity reassignments as a competitive alternative to primary
capacity.
---------------------------------------------------------------------------

    \1\ FERC Staff, Staff Findings on Capacity Reassignment (2010),
available at: http://www.ferc.gov (Staff Report).
---------------------------------------------------------------------------

I. Background

    2. In Order No. 888, the Commission concluded that a transmission
provider's pro forma Open Access Transmission Tariff (OATT) must
explicitly permit the voluntary reassignment of all or part of a
holder's firm point-to-point capacity rights to any eligible
customer.\2\ The Commission also found that allowing holders of firm
transmission capacity rights to reassign capacity would help parties
manage the financial risks associated with their long-term commitment,
reduce the market power of transmission providers by enabling customers
to compete, and foster efficient capacity allocation.
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    \2\ Promoting Wholesale Competition Through Open Access Non-
Discriminatory Transmission Services by Public Utilities; Recovery
of Stranded Costs by Public Utilities and Transmitting Utilities,
Order No. 888, 61 FR 21540 (May 10, 1996), FERC Stats. & Regs. ]
31,036, at 31,696 (1996), order on reh'g, Order No. 888-A, 62 FR
12274 (Mar. 14, 1997), FERC Stats. & Regs. ] 31,048 (1997), order on
reh'g, Order No. 888-B, 81 FERC ] 61,248 (1997), order on reh'g,
Order No. 888-C, 82 FERC ] 61,046 (1998), aff'd in relevant part sub
nom. Transmission Access Policy Study Group v. FERC, 225 F.3d 667
(DC Cir. 2000), aff'd sub nom. New York v. FERC, 535 U.S. 1 (2002).
---------------------------------------------------------------------------

    3. With respect to the appropriate rate for capacity reassignment,
the Commission concluded it could not permit reassignments at market-
based rates because it was unable to determine that the market for
reassigned capacity was sufficiently competitive so that assignors
would not be able to exert market power. Instead, the Commission capped
the rate at the highest of (1) the original transmission rate charged
to the purchaser (assignor), (2) the transmission provider's maximum
stated firm transmission rate in effect at the time of the
reassignment, or (3) the assignor's own opportunity costs capped at the
cost of expansion (price cap). The Commission further explained that
opportunity cost pricing had been permitted at ``the higher of embedded
costs or legitimate and verifiable opportunity costs, but not the sum
of the two (i.e., `or' pricing is permitted;

`and' pricing is not).'' \3\ In Order No. 888-A, the Commission
explained that opportunity costs for capacity reassigned by a customer
should be measured in a manner analogous to that used to measure the
transmission provider's opportunity cost.\4\
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    \3\ Order No. 888, FERC Stats. & Regs. ] 31,036 at 31,740.
    \4\ Order No. 888-A, FERC Stats. & Regs. ] 31,048 at 30,224.
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    4. To foster the development of a more robust secondary market for
transmission capacity, the Commission, in Order No. 890, concluded that
it was appropriate to lift the price cap for all transmission customers
reassigning transmission capacity.\5\ The Commission stated that this
would allow capacity to be allocated to those entities that value it
most, thereby sending more accurate price signals to identify the
appropriate location for construction of new transmission facilities to
reduce congestion.\6\ The Commission also found that market forces,
combined with the requirements of the pro forma OATT as modified in
Order No. 890, would limit the ability of assignors to exert market
power, including affiliates of the transmission provider.
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    \5\ Preventing Undue Discrimination and Preference in
Transmission Service, Order No. 890, 72 FR 12266 (Mar. 15, 2007),
FERC Stats. & Regs. ] 31,241, at P 808 (2007), order on reh'g, Order
No. 890-A, 73 FR 2984 (Jan. 16, 2008), FERC Stats. & Regs. ] 31,261
(2007), order on reh'g, Order No. 890-B, 123 FERC ] 61,299 (2008),
order on reh'g, Order No. 890-C, 126 FERC ] 61,228 (2009), order on
reh'g, Order No. 890-D, 129 FERC ] 61,126 (2009).
    \6\ Order No. 890, FERC Stats. & Regs. ] 31,241 at P 808.
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    5. To enhance oversight and monitoring activities, the Commission
adopted reforms to the underlying rules governing capacity
reassignments.\7\ First, the Commission required that all sales or
assignments of capacity be conducted through or otherwise posted on the
transmission provider's OASIS on or before the date the reassigned
service commences.\8\ Second, the Commission required that assignees of
transmission capacity execute a service agreement prior to the date on
which the reassigned service commences.\9\ Third, in addition to
existing OASIS posting requirements, the Commission required
transmission providers to aggregate and summarize in an electric
quarterly report the data contained in these service agreements.\10\
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    \7\ Id. P 815.
    \8\ Id.
    \9\ Id. P 816.
    \10\ Id. P 817.
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    6. The Commission also directed staff to closely monitor the
reassignment-related data submitted by transmission providers in their
quarterly reports to identify any problems in the development of the
secondary market for transmission capacity and, in particular, the
potential exercise of market power.\11\ Thus, the Commission directed
staff to prepare, within six months of receipt of two years of
quarterly reports, a report summarizing its findings.\12\ In addition,
the Commission encouraged market participants to provide feedback
regarding the development of the secondary capacity market and, in
particular, to contact the Commission's Enforcement Hotline if concerns
arise.
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    \11\ Id. P 820.
    \12\ Id.
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    7. In Order No. 890-A, the Commission affirmed its decision to
remove the price cap on reassignments of transmission capacity but
granted rehearing to limit the period during which reassignments may
occur above the cap.\13\ The Commission concluded that it would be most
appropriate to lift the price cap on reassignments of capacity only to
accommodate the Commission staff study period. Accordingly, the
Commission amended section 23.1 of the pro forma OATT to reinstate the
price cap as of October 1, 2010.\14\ The Commission stated that, upon
review of the staff report and any feedback from the industry, the
Commission would determine whether it would be appropriate to continue
to allow reassignments of capacity above the price cap beyond that
date.
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    \13\ Order No. 890-A, FERC Stats. & Regs. ] 31,261 at P 388,
390.
    \14\ Id. P 390.
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    8. The Commission also clarified that, as of the effective date of
the reforms adopted in Order No. 890, all reassignments of capacity
must take place under the terms and conditions of the transmission
provider's OATT. As a result, there was no longer a need for the
assigning party to have on file with the Commission a rate schedule
governing reassigned capacity. To the extent that a reseller has a
market-based rate tariff on file, the provisions of that tariff,
including a price cap or reporting obligations, will not apply to the
reassignment since such transactions no longer take place pursuant to
the authorization of that tariff.
    9. In Order No. 890-B, the Commission clarified that the pro forma
OATT does not, and will not, permit the withholding of transmission
capacity by the transmission provider and that it effectively
establishes a price ceiling for long-term reassignments at the
transmission provider's cost of expanding its system.\15\ The
Commission further found that the fact that a transmission provider's
affiliate may profit from congestion on the system does not relieve the
transmission provider of its obligation to offer all available
transmission capacity and expand its system as necessary to accommodate
requests for service.\16\ The Commission pointed out that customers
that do not wish to participate in the secondary market may continue to
take service from the transmission provider directly, just as if the
price cap had not been lifted.\17\
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    \15\ Order No. 890-B, 123 FERC ] 61,299 at P 78.
    \16\ Id.
    \17\ Id. P 79.
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    10. With regard to the report to be prepared by Commission staff,
the Commission clarified that staff should focus on the competitive
effects of removing the price cap for reassigned capacity.\18\ The
Commission stated that staff should consider the number of
reassignments occurring over the study period, the magnitude and
variability of resale prices, the term of the reassignments, and any
relationship between resale prices and price differentials in related
energy markets. In addition, the Commission directed staff to examine
the nature and scope of reassignments undertaken by the transmission
provider's affiliates and include in its report any evidence of abuse
in the secondary market for transmission capacity, whether by those
affiliates or other customers.
---------------------------------------------------------------------------

    \18\ Id. P 83.
---------------------------------------------------------------------------

    11. The Commission also granted rehearing and directed transmission
providers to include in their electric quarterly reports the identity
of the reseller and indicate whether the reseller is affiliated with
the transmission provider.\19\ The Commission also directed each
transmission provider to include in their electric quarterly reports
the rate that would have been charged under its OATT had the secondary
customer purchased primary service from the transmission provider for
the term of the reassignment.\20\ The Commission directed transmission
providers to submit this additional data for all resales during the
study period and to update, as necessary, any previously-filed electric
quarterly reports on or before the date they submitted their next
electric quarterly reports.
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    \19\ Id. P 84.
    \20\ Id.
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II. Discussion

    12. Based on the Commission's experience and the two-year study,
the

Commission proposes to permanently remove the price cap on the
reassignments of capacity and revise section 23 of the pro forma OATT
accordingly, as indicated in Appendix A. In addition, the Commission
proposes to direct transmission providers to submit corresponding
revisions to their OATT's within 30 days of publication of the Final
Rule in the Federal Register.
    13. The secondary market for capacity reassignments experienced
strong growth during the study period. Both the number of transactions
and capacity volume reassigned rose throughout the two and one half
year time span. The number of reassignments increased dramatically from
just over 200 in 2007 to almost 32,000 in 2009. Almost 36 TWh flowed on
reassigned paths in 2009, up from 3 TWh in 2007. Moreover, the majority
of resale prices, 99 percent, were at or below the price cap. While few
of the reassignments were at prices above the cap, it appears from the
data that reassignment prices comported with pricing differentials
between markets. For instance, there were numerous reassignments
between points in New England and Quebec with prices comparable to the
average spread in energy prices between the regions. These data suggest
that resale prices reflect market fundamentals rather than the exercise
of market power.
    14. During the study period, there were 32 transactions of
reassigned capacity by an affiliate of a transmission provider
reassigned for more than the tariff rate. However, the percentage of
such over-cap reassignments (0.5 percent) was in line with that of
over-cap reassignments by non-affiliates (0.4 percent), leading us to
believe that affiliate abuse is not an issue. For these reasons, the
Commission proposes to find that the Staff Report supports the
Commission's decision to lift the price cap beyond October 1, 2010 on
all capacity reassignments.
    15. The Commission seeks comment on this proposal. Additionally,
given that the levels of reassignment and growth of reassignment varies
substantially across transmission providers, we believe that there is
significant potential for further growth in the reassignment of
capacity. Accordingly, the Commission also seeks comments as to whether
there are any other reforms that it should undertake to create a more
efficient and vibrant secondary market for transmission capacity. Are
there non-price limitations or regional factors that may be continuing
to limit the utility of reassignment? To the extent any limitations
exist, the Commission seeks comment on how they should be addressed.
For example, are there reforms to the redirect process that would
enable all firm customers to use their firm capacity more flexibly and
thereby facilitate capacity reassignment by making point changes by the
buyer of reassigned capacity more efficient? In the natural gas
industry, the Commission has established a system of secondary firm
point priorities to provide greater flexibility in the use of firm
capacity.\21\ We request comment on whether such an approach could be
used effectively in the electric industry and what impact, if any such
an approach would have on system operations.
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    \21\ Secondary firm priority means that the shipper has
scheduling rights to a new point that are superior to interruptible
service but inferior to primary firm service for shippers using
points specified in their contract. The use of secondary firm
service enables shippers obtaining reassigned capacity to establish
alternate firm capacity points. See Pipeline Service Obligations and
Revisions to Regulations Governing Self-Implementing Transportation;
and Regulation of Natural Gas Pipelines After Partial Wellhead
Decontrol, Order No. 636, 57 FR 13,267 (Apr. 16, 1992), FERC Stats.
& Regs. ] 30,939, at 30,428 (1992), order on reh'g, Order No. 636-A,
57 FR 36,128 (Aug. 12, 1992), FERC Stats. & Regs. ] 30,950 (1992),
order on reh'g, Order No. 636-B, 57 FR 57,911 (Dec. 8, 1992), 61
FERC ] 61,272 (1992), order on reh'g, 62 FERC ] 61,007 (1993), aff'd
in part and remanded in part sub nom. United Distribution Cos. v.
FERC, 88 F.3d 1105 (DC Cir. 1996), order on remand, Order No. 636-C,
62 FR 10,204 (Mar. 6, 1997), 78 FERC ] 61,186 (1997); see also
Regulation of Short-Term Natural Gas Transportation Services and
Regulation of Interstate Natural Gas Transportation Services, Order
No. 637, 65 FR 10,156 (Feb. 25, 2000), FERC Stats. & Regs. ] 31,091,
at 31,304-31,306, clarified, Order No. 637-A, 65 FR 35,706 (June 5,
2000), FERC Stats. & Regs. ] 31,099, reh'g denied, Order No. 637-B,
65 FR 47,284 (Aug. 2, 2000), 92 FERC ] 61,062 (2000), aff'd in part
and remanded in part sub nom. Interstate Natural Gas Ass'n of
America v. FERC, 285 F.3d 18, 350 U.S. App. DC 366 (DC Cir. 2002),
order on remand, 101 FERC ] 61,127 (2002), order on reh'g, 106 FERC
] 61,088 (2004), aff'd sub nom. American Gas Ass'n v. FERC, 428 F.3d
255, 368 U.S. App. DC 176 (DC Cir. 2005).
---------------------------------------------------------------------------

    16. As discussed above, we propose to find that the Commission
Staff Report supports the Commission's belief that there are no
significant market power concerns to justify retaining price caps for
any transmission customer.\22\ With regard to affiliate abuse, the
Staff Report finds that less than one percent of transactions performed
by affiliates during the study period were transacted above the tariff
rate during the study period. While staff did not detect affiliate
abuse associated with reassignment by affiliates of the transmission
provider during the study period, the Commission seeks comment on
whether market participants have experienced any such affiliate abuse
that would argue for maintaining the price cap on affiliates of the
transmission provider, or if other safeguards are needed for such
reassignments. How should reassignment by a transmission provider's
retail service function (that is not a separate affiliate) be treated?
---------------------------------------------------------------------------

    \22\ See Order No. 890, FERC Stats. & Regs. ] 31,241 at P 809
(stating that based on ten years of experience regulating capacity
reassignments, the Commission believes there are no significant
market power concerns to justify retaining the price caps for any
transmission customer).
---------------------------------------------------------------------------

    17. Based on the Commission's experience and the two-year study,
the Commission believes that the absence of a price cap for
transmission capacity reassignment does not present any major market
concerns. Nevertheless, the Commission is committed to ensuring just
and reasonable transmission service that is not unduly discriminatory
or preferential and, therefore, will continue to monitor the secondary
market of capacity reassignments for evidence of abuse of market power.
The Commission receives sufficient information to monitor the secondary
market for capacity reassignment because pursuant to section 23 of the
pro forma OATT: (1) All sales of capacity must be conducted through or
otherwise posted on the transmission provider's OASIS on or before the
date of service; and, (2) assignees of transmission capacity must
execute a service agreement prior to the date on which the reassigned
service commences. In addition, transmission providers must aggregate
and summarize in an electric quarterly report the data contained in
these service agreements.\23\
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    \23\ 18 CFR 35.10b; see also, Order No. 890, FERC Stats. & Regs.
] 31,241 at P 817; Notice Providing Guidance on the Filing of
Information on Transmission Capacity Reassignments in Electric
Quarterly Reports, 124 FERC ] 61,244 (2008).
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III. Information Collection Statement

    18. The following collection of information contained in this
proposed rule is subject to review by the Office of Management and
Budget (OMB) under section 3507(d) of the Paperwork Reduction Act of
1995.\24\ OMB's regulations require OMB to approve certain information
collection requirements imposed by agency rule.\25\
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    \24\ 44 U.S.C. Sec.  3507(d) (2000).
    \25\ 5 CFR 1320.11 (2009).

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    Burden Estimate: The public reporting and records retention burdens
for the proposed reporting requirements and the records retention
requirement are as follows.\26\
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    \26\ These burden estimates apply only to this NOPR and do not
reflect upon all of FERC-516 or FERC-717.

----------------------------------------------------------------------------------------------------------------
                                                 Number of        Number of        Hours per       Total annual
               Data collection                  respondents       responses         response          hours
----------------------------------------------------------------------------------------------------------------
Conforming tariff changes...................             176                1               10            1,760
----------------------------------------------------------------------------------------------------------------

    Cost to Comply: $200,640. 1,760 hours @ $114 an hour (average cost
of attorney ($200 per hour), consultant ($150), technical ($80), and
administrative support ($25)).
    OMB's regulations require it to approve certain information
collection requirements imposed by an agency rule. The Commission is
submitting notification of this proposed rule to OMB. If the proposed
requirements are adopted they will be mandatory requirements.
    Title: FERC-516, Electric Rate Schedules and Tariff Filings; FERC-
717, Standards for Business Practices and Communication Protocols for
Public Utilities.
    Action: Proposed Collections.
    OMB Control Nos. 1902-0096 and 1902-0173.
    Respondents: Transmission Providers.
    Frequency of responses: One time.
    Necessity of the Information:
    19. The Federal Energy Regulatory Commission is proposing
amendments to the pro forma OATT to ensure that transmission services
are provided on a basis that is just, reasonable and not unduly
discriminatory or preferential. The purpose of this proposed rulemaking
is to strengthen the pro forma OATT by encouraging more robust
competition. We propose to achieve this goal by removing the price cap
previously imposed on reassignments of transmission capacity.
    20. Interested persons may obtain information on the reporting
requirements by contacting the following: Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426 [Attention:
Michael Miller, Office of the Executive Director, Phone: (202) 502-
8415, fax:<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>    21. For submitting comments concerning the collections of
information and the associated burden estimate(s), please send your
comments to the contact listed above and to the Office of Information
and Regulatory Affairs, Office of Management and Budget, 725 17th
Street, NW., Washington, DC 20503 [Attention: Desk Officer for the
Federal Energy Regulatory Commission, phone:<PHONE_NUMBER>, fax: (202)
395-7285. Due to security concerns, comments should be sent
electronically to the following e-mail address: oira_
<EMAIL_ADDRESS>Please reference the docket number of this
proposed rulemaking in your submission.

IV. Environmental Analysis

    22. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\27\ The
Commission concludes that neither an Environmental Assessment nor an
Environmental Impact Statement is required for this NOPR under section
380.4(a)(15) of the Commission's regulations, which provides a
categorical exemption for approval of actions under sections 205 and
206 of the FPA relating to the filing of schedules containing all rates
and charges for the transmission or sale subject to the Commission's
jurisdiction, plus the classification, practices, contracts and
regulations that affect rates, charges, classifications and
services.\28\
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    \27\ Order No. 486, Regulations Implementing the National
Environmental Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. &
Regs., Regulations Preambles 1986-1990 ] 30,783 (1987).
    \28\ 18 CFR 380.4(a)(15) (2009).
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V. Regulatory Flexibility Act Analysis

    23. The Regulatory Flexibility Act of 1980 (RFA) \29\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
This proposed rule would apply to public utilities that own, control or
operate interstate transmission facilities, not to electric utilities
per se. The total number of public utilities that, absent waiver, would
have to modify their current OATTs by filing the revised pro forma OATT
is 176.\30\ Of these only six public utilities, or less than two
percent, dispose of four million MWh or less per year.\31\ The
Commission does not consider this a substantial number, and in any
event, these small entities may seek waiver of these requirements.\32\
Moreover, the criteria for waiver that would be applied under this
rulemaking for small entities is unchanged from that used to evaluate
requests for waiver under Order Nos. 888 and 889. Thus, small entities
who have received waiver of the requirements to have on file an open
access tariff or to operate an OASIS would be unaffected by the
requirements of this proposed rulemaking.
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    \29\ 5 U.S.C. 601-612.
    \30\ The sources for this figure are FERC Form No. 1 and FERC
Form No. 1-F data.
    \31\ Id.
    \32\ The Regulatory Flexibility Act defines a ``small entity''
as ``one which is independently owned and operated and which is not
dominant in its field of operation.'' See 5 U.S.C. 601(3) and
601(6)(2000); 15 U.S.C. 632(a)(1) (2000). In Mid-Tex Elec. Coop. v.
FERC, 773 F.2d 327, 340-343 (DC Cir. 1985), the court accepted the
Commission's conclusion that, since virtually all of the public
utilities that it regulates do not fall within the meaning of the
term ``small entities'' as defined in the Regulatory Flexibility
Act, the Commission did not need to prepare a regulatory flexibility
analysis in connection with its proposed rule governing the
allocation of costs for construction work in progress (CWIP). The
CWIP rules applied to all public utilities. The revised pro forma
OATT will apply only to those public utilities that own, control or
operate interstate transmission facilities. These entities are a
subset of the group of public utilities found not to require
preparation of a regulatory flexibility analysis for the CWIP rule.
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VI. Comment Procedures

    24. 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 July 6, 2010. Comments must refer to
Docket No. RM10-22-000, and must include the commenter's name, the
organization they represent, if applicable, and their address in their
comments.
    25. The Commission encourages comments to 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. Documents created electronically using word processing
software should be filed in native applications or print-to-PDF

format and not in a scanned format. Commenters filing electronically do
not need to make a paper filing.
    26. Commenters that are not able to file comments electronically
must send an original and 14 copies of their comments to: Federal
Energy Regulatory Commission, Office of the Secretary, 888 First
Street, NE., Washington, DC 20426.
    27. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.

VII. Document Availability

    28. 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 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.
    29. From FERC's Home Page on the Internet, this information is
available on eLibrary. The full text of this document is available on
eLibrary in PDF and Microsoft Word format for viewing, printing, and/or
downloading. To access this document in eLibrary, type the docket
number excluding the last three digits of this document in the docket
number field.
    30. User assistance is available for eLibrary and the FERC's Web
site during normal business hours from FERC Online Support at (202)
502-6652 (toll free at 1-866-208-3676) or e-mail at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. E-mail the Public Reference Room at
<EMAIL_ADDRESS>
List of Subjects in 18 CFR Part 37

    By direction of the Commission.

Nathaniel J. Davis, Sr.,
Deputy Secretary.

    Note: The following appendix will not appear in the Code of
Federal Regulations.

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[FR Doc. 2010-10500 Filed 5-5-10; 8:45 am]
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