[Federal Register: March 21, 2006 (Volume 71, Number 54)]
[Notices]
[Page 14259-14265]
[DOCID:fr21mr06-127]

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SECURITIES AND EXCHANGE COMMISISON

[Release No. 34-53486; File No. SR-CBOT-2006-03]

Self-Regulatory Organization; Board of Trade of the City of
Chicago, Inc.; Notice of Filing and Immediate Effectiveness of Proposed
Rule Changes Relating to Listing Standards for Security Futures
Products

March 14, 2006.
     Pursuant to Section 19(b)(7) of the Securities Exchange Act of
1934 (``Act''),\1\ and Rule 19b-7 under the Act,\2\ notice is hereby
given that on February 21, 2006, the Board of Trade of the City of
Chicago, Inc. (``CBOT[supreg]'' or ``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rules
described in Items I, II, and III below, which Items have been prepared
by the CBOT. The Commission is publishing this notice to solicit
comments on the proposed rules from interested persons. The CBOT also
has filed the proposed rules with the Commodity Futures Trading
Commission (``CFTC''), together with a written certification under
Section 5c(c) of the Commodity Exchange Act (``CEA'') \3\ on February
16, 2006.
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    \1\ 15 U.S.C. 78s(b)(7).
    \2\ 17 CFR 240.19b-7.
    \3\ 7 U.S.C. 7a-2(c).
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I. Self-Regulatory Organization's Description of the Proposed Rules

    The CBOT is proposing to adopt listing standards and related
regulations to permit the trading on the Exchange of physically-settled
single security futures products, and the trading of security futures
products based on narrow-based securities indices, in compliance with
the requirements under Section 6(h)(3) of the Act \4\ and the criteria
under Section 2(a)(1)(D)(i) of the CEA,\5\ as modified by joint orders
of the Commission and the CFTC.\6\ The text of the proposed rule change
is available on the CBOT's website (http://www.cbot.com), at the CBOT's

principal office, and at the Commission's Public Reference Room.
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    \4\ 15 U.S.C. 78f(h)(3).
    \5\ 7 U.S.C. 2(a)(1)(D)(i).
    \6\ See Joint Order Granting the Modification of Listing
Standards Requirements (American Depositary Receipts), Securities
Exchange Act Release No. 44725 (August 20, 2001) and Joint Order
Granting the Modification of Listing Standards Requirements
(Exchange Traded Funds, Trust Issued Receipts, and Shares of Closed-
End Funds), Securities Exchange Act Release No. 46090 (June 19,
2002), 67 FR 42760 (June 25, 2002).
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    The CBOT's Listing Standards \7\ are, for the most part, identical
to the sample listing standards (``Sample Listing Standards'') included
in the Commission's Staff Legal Bulletin No. 15 (``SLB 15''),\8\ except
that the CBOT's Listing Standards:
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    \7\ The CBOT's Listing Standards are set forth in proposed CBOT
Regulations 5719.01 and 5818.01.
    \8\ Commission, Division of Market Regulation, Staff Legal
Bulletin No. 15: Listing Standards for Trading Security Futures
Products (September 5, 2001) (available at http://www.sec.gov/interps/legal/mrslb15.htm
).

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     Reflect the modifications to the statutory listing
standards requirements jointly adopted by the Commission and the CFTC
with respect to shares of exchange-traded funds (``ETFs''), trust-
issued receipts (``TIRs''), shares of registered closed-end management
investment companies (``Closed-End Fund Shares''), and American
Depositary Receipts (``ADRs''); \9\
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    \9\ See supra note 6.
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     Permit share-weighted, approximately equal dollar-
weighted, and modified equal dollar-weighted methodologies for futures
based on

narrow-based security indices, subject to applicable rebalancing
requirements; \10\ and
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    \10\ Proposed CBOT Regulations 5818.01(a)(2) and
5818.01(b)(1)(B) contain listing requirements that relate to the
initial listing standards and maintenance standards, respectively,
for share-weighted, approximately equal dollar-weighted, and
modified equal dollar-weighted narrow-based security indices, in
addition to those based on other weighting methodologies. All of
these weighting methodologies have been previously approved for use
by other security futures exchanges.
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     Contain certain provisions that reflect rule changes that
have been filed by other security futures exchanges since the adoption
of SLB 15, which vary from the Sample Listing Standards set forth in
SLB 15.
    The Exchange is also proposing to adopt regulations addressing
regulatory trading halts, position limits, and procedures for
determining final settlement prices for security futures products, as
required by Rule 6h-1 under the Act \11\ and CFTC Regulation 41.25.\12\
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    \11\ 17 CFR 240.6h-1.
    \12\ 17 CFR 41.25.
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    Proposed CBOT Regulations 431.07 and 431.08, while also referenced
in Item II below, are not filed in this proposed rule change because
they were the subjects of separate filings by the CBOT pursuant to Rule
19b-4 under the Act.\13\
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    \13\ See SR-CBOT-2006-01, filed with the Commission on March 3,
2006.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rules

    The CBOT has prepared statements concerning the purpose of, and
basis for, the proposed rules, burdens on competition, and comments
received from members, participants, and others. The text of these
statements may be examined at the places specified in Item IV below.
These statements are set forth in Sections A, B, and C below.

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

    The CBOT proposes to adopt contract specifications governing
physically-settled single security futures products (``single stock
futures'') and contract specifications governing security futures
products based on narrow-based securities indices (``narrow-based stock
index futures''), including proposed listing standards that comply with
the requirements under Section 6(h)(3) of the Act \14\ and the criteria
under Section 2(a)(1)(D)(i) of the CEA,\15\ as modified by joint orders
of the Commission and the CFTC.\16\
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    \14\ 15 U.S.C. 78f(h)(3).
    \15\ 7 U.S.C. 2(a)(1)(D)(i).
    \16\ See supra note 6.
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    Section 6(h)(3) of the Act \17\ sets forth a number of requirements
for listing standards applicable to security futures products. Among
other things, that Section provides that such listing standards must
(i) be no less restrictive than comparable listing standards for
options traded on a national securities exchange \18\ and (ii) require
that trading in security futures products not be readily susceptible to
manipulation of the price of such products or of the underlying
securities or options on such securities.\19\
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    \17\ 15 U.S.C. 78f(h)(3).
    \18\ 15 U.S.C. 78f(h)(3)(C).
    \19\ 15 U.S.C. 78f(h)(3)(H).
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1. CBOT Listing Standards
    Commission staff published SLB 15,\20\ including the Sample Listing
Standards (which were derived from typical listing standards used by
exchanges trading options based on securities or securities indices),
to provide guidance as to how an exchange would be able to comply with
the foregoing requirements. SLB 15 also noted that different listing
standards could also be consistent with the Act.
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    \20\ See supra note 8.
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    The CBOT's Listing Standards follow the Sample Listing Standards,
subject to additional modifications relating to ETFs, TIRs, and Closed-
End Fund Shares; the establishment of additional weighting
methodologies, identified under Item I above; and certain other rule
changes that were filed with the Commission and the CFTC by OneChicago,
LLC (``OneChicago'') \21\ and the CBOE Futures Exchange, LLC
(``CFE''),\22\ which pertain to OneChicago's and CFE's respective
listing standards for security futures. Therefore, the CBOT's Listing
Standards as set forth herein do not contain any listing standards that
have not already been reviewed by the Commission.
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    \21\ See SR-OC-2002-04 (Securities Exchange Act Release No.
47114 (December 31, 2002), 68 FR 837 (January 7, 2003)) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change by
OneChicago, LLC Relating to Listing Standards for Security Futures
Products). See also SR-OC-2003-01 (Securities Exchange Act Release
No. 47356 (February 12, 2003), 68 FR 8064 (February 19, 2003)); SR-
OC-2003-04 (Securities Exchange Act Release No. 47445 (March 5,
2003), 68 FR 11595 (March 11, 2003)); SR-OC-2003-06 (Securities
Exchange Act Release No. 48191 (July 17, 2003), 68 FR 43555 (July
23, 2003)); SR-OC-2003-08 (Securities Exchange Act Release No. 48660
(October 20, 2003), 68 FR 61027 (October 24, 2003)); SR-OC-2004-02
(Securities Exchange Act Release No. 50373 (September 14, 2004), 69
FR 56470 (September 21, 2004)); and SR-OC-2005-02 (Securities
Exchange Act Release No. 52180 (July 29, 2005), 70 FR 45464 (August
5, 2005)).
    \22\ See SR-CFE-2005-01 (Securities Exchange Act Release No.
52295 (August 18, 2005), 70 FR 49691 (August 24, 2005) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change by CBOE
Futures Exchange, LLC Relating to Its Listing Standards for Security
Futures Products).
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    The CBOT's Listing Standards permit the CBOT to trade physically-
settled single stock futures. The CBOT's Listing Standards also permit
the CBOT to trade either cash-settled or physically-settled narrow-
based stock index futures on the following types of stock indices:
capitalization-weighted, modified capitalization-weighted, price-
weighted, share-weighted, equal dollar-weighted, approximately equal
dollar-weighted, and modified equal dollar-weighted. The modifications
to SLB 15, including the modifications that permit the CBOT to list
approximately equal dollar-weighted, modified equal dollar-weighted,
and share-weighted narrow-based stock index futures, are explained in
further detail below.
2. Modifications of SLB 15
a. Modification relating to Shares of ETFs, TIRs, and Closed-End Fund
Shares
    The modifications included in the CBOT's Listing Standards that
relate to shares of ETFs, TIRs, and Closed-End Fund Shares reflect the
modifications to the statutory listing standards requirements adopted
by the Commission and the CFTC subsequent to the publication of SLB
15.\23\ These standards are incorporated in proposed CBOT Regulation
5719.01.
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    \23\ See supra note 6.
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b. Modification relating to Additional Weighting Methodologies
    The modifications that relate to narrow-based stock index futures:
(i) Are intended to allow the CBOT to provide for additional weighting
methodologies for the underlying indices, including approximately equal
dollar-weighted, modified equal dollar-weighted, and share-weighted
methodologies; and (ii) are designed to enhance the usefulness and
effectiveness of narrow-based stock index futures in connection with
hedging, arbitrage, and other investment strategies.
    The proposed approximately equal dollar-weighted methodology
contemplates a narrow-based stock index consisting of component
securities in increments that are no less than 100 shares or receipts,
which corresponds to customary increments for transactions in the
markets for those securities. For this reason, rounding will be a
necessary step in the determination of the initial index composition
and any

subsequent rebalancing. An approximately equal dollar-weighted index
will be rebalanced annually on December 31 of each year if the notional
value of the largest component is at least twice the notional value of
the smallest component for 50% or more of the trading days in the three
months prior to December 31 of each year. The CBOT will also have the
ability to rebalance an approximately equal dollar-weighted narrow-
based security index on a quarterly basis at its discretion.
    A modified equal dollar-weighted index is designed to be a fair
measurement of a particular industry or sector without assigning an
excessive weight to one or more index components that have a large
market capitalization relative to other index components. In a modified
equal dollar-weighted index, each component security represents a pre-
determined weighting percentage of the entire index. Each security will
be assigned a weight that takes into account the relative market
capitalization of the securities comprising the index. A modified equal
dollar-weighted index underlying a narrow-based stock index future must
be rebalanced on a quarterly basis.
    A share-weighting methodology involves calculating the index by
multiplying the price of each component security by an adjustment
factor. The adjustment factor will be chosen to reflect the investment
objective deemed appropriate by the index designer and will be
published by the Exchange as part of the contract specifications for
the narrow-based stock index future. The value of the index will be
calculated by adding the weight of each component security and dividing
the total by an index divisor, calculated to yield a benchmark index
level as of a particular date. Share-weighted indices will not be
rebalanced to reflect changes in the numbers of outstanding shares of
their component securities.
    The CBOT's proposed Listing Standards also provide that an index
underlying a narrow-based stock index future, regardless of the
weighting methodology, may be rebalanced on an interim basis if
warranted as a result of extraordinary changes in the relative values
of the component securities. To the extent investors with open
positions must rely on the continuity of a narrow-based stock index
future, outstanding contracts will not be affected by rebalancings.
    The proposed Listing Standards for narrow-based stock index futures
based on indices that are approximately equal dollar-weighted, modified
equal dollar-weighted, and share-weighted, which are reflected in
proposed CBOT Regulations 5818.01(a)(2) and (b)(1)(B), are identical to
the listing standards applicable in the case of indices based on these
same weighting methodologies that are set forth in OneChicago Rules
1006(a)(2) and (b)(1)(B).\24\
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    \24\ See SR-OC-2005-02, supra note 21.
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c. Modification of SLB 15 I(A)(vi)
    The CBOT is adopting the same initial listing standard contained in
OneChicago Rule 906(a)(6) \25\ and Section A(1)(vi) of CFE Policy and
Procedure VIII,\26\ which would permit the CBOT to list a single stock
future on an underlying security that had trading volume of at least
2,400,000 shares in the preceding 12 months. This standard is
incorporated in proposed CBOT Regulation 5719.01(a)(6).
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    \25\ See SR-OC-2004-02, supra note 21.
    \26\ See SR-CFE-2005-01, supra note 22.
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d. Modification of SLB 15 I(A)(vii)
    The CBOT is proposing to adopt initial listing standards which
would permit a single stock future to be listed on a ``covered
security,'' as defined under Section 18(b)(1) of the Securities Act of
1933,\27\ that has had a market price of at least $3.00 for the five
consecutive business days prior to the date on which the single stock
futures contract is listed by the Exchange. The market price of the
underlying security would be measured by the closing price reported in
the primary market in which the underlying security is traded. Proposed
CBOT regulations would also require that an underlying security that is
not a ``covered security'' must meet the requirement that it have a
market price of $7.50 for the majority of the business days for the
three calendar months preceding selection. These standards are
reflected in proposed CBOT Regulations 5719.01(a)(8) and (a)(9) and are
the same as those standards contained in OneChicago Rule 906(a)(8) and
(a)(9) \28\ and Section A(1)(viii) and A(1)(ix) of CFE Policy and
Procedure VIII.\29\
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    \27\ 15 U.S.C. 77r(b)(1).
    \28\ See SR-OC-2003-01, supra note 21.
    \29\ See SR-CFE-2005-01, supra note 22.
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e. Modification of SLB 15 II(A)(iv)
    The CBOT is adopting the same maintenance standards implemented in
OneChicago Rule 906(b)(1)(E) \30\ and in Section B(1)(v) of CFE Policy
and Procedure VIII,\31\ pursuant to which the CBOT would not open for
trading a new delivery month for a single stock futures contract if the
market price per share of the underlying security closed below $3.00 on
the previous day to the expiration of the nearest expiring contract on
the underlying security. The market price per share of the underlying
security would be determined by the closing price reported in the
primary market in which the underlying security is traded. This
standard is incorporated in proposed CBOT Regulation 5719.01(b)(1)(E).
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    \30\ See SR-OC-2003-04 (as amended by SR-OC-2003-08), supra note
21.
    \31\ See SR-CFE-2005-01, supa note 22.
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3. Section 6(h)(3) Requirements
    Section 6(h)(3) of the Act \32\ contains detailed requirements for
listing standards and conditions for trading applicable to security
futures products. Set forth below is a summary of each such requirement
or condition, followed by a brief explanation of how the CBOT will
comply with it, whether by particular provisions in the CBOT's listing
standards or otherwise.
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    \32\ 15 U.S.C. 78f(h)(3).
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    Section 6(h)(3)(A) of the Act \33\ requires that, except as
otherwise provided in a rule, regulation, or order issued jointly by
the Commission and CFTC pursuant to Section 6(h)(4) of the Act,\34\ any
security underlying a security futures product, including each
component security of a narrow-based security index, must be registered
pursuant to Section 12 of the Act.\35\ These requirements are
incorporated in proposed CBOT Regulations 5704.01, 5719.01(a)(2),
5719.01(b)(1)(A), 5804.01, 5818.01(a)(2)(B) and 5818.01(b)(1)(B)(i).
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    \33\ 15 U.S.C. 78f(h)(3)(A).
    \34\ 15 U.S.C. 78f(h)(4).
    \35\ 15 U.S.C. 78l.
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    Section 6(h)(3)(B) of the Act \36\ requires that, if a security
futures product is not cash-settled, the market on which the security
futures product is traded must have arrangements in place with a
registered clearing agency for the payment and delivery of the
securities underlying the security futures product. Pursuant to CBOT
Regulations 5719.01(a) and 5818.01(a)(2), the CBOT will not list any
physically-settled security futures product until it has finalized such
arrangements and provided the Commission with appropriate notice
regarding the nature of such arrangements through the filing of a Form
19b-7, pursuant to Section 19(b)(7) of the Act \37\ and Rule 19b-7
under the Act.\38\
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    \36\ 15 U.S.C. 78f(h)(3)(B).
    \37\ 15 U.S.C. 78s(b)(7).
    \38\ 17 CFR 240.19b-7.
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    Section 6(h)(3)(C) of the Act \39\ requires that the listing
standards for security futures products must be no less restrictive
than comparable listing

standards for options traded on a national securities exchange or
national securities association registered pursuant to Section 15A(a)
of the Act.\40\ For the reasons discussed under Item II.A.1 above,
notwithstanding specified differences between the Sample Listing
Standards and the CBOT's Listing Standards, the CBOT believes that the
Listing Standards set forth in its proposed CBOT Regulations 5719.01
and 5818.01 are no less restrictive than comparable listing standards
for exchange-traded options.
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    \39\ 15 U.S.C. 78f(h)(3)(C).
    \40\ 15 U.S.C. 78o-3(a).
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    Section 6(h)(3)(D) of the Act \41\ provides that, except as
otherwise provided in a rule, regulation, or order issued jointly by
the Commission and CFTC pursuant to Section 6(h)(4) of the Act,\42\ a
security futures product must be based upon common stock or other
equity securities that the Commission and CFTC jointly determine
appropriate. The Commission and CFTC have jointly modified the listing
standards, under Section 6(h)(4) of the Act,\43\ to permit security
futures products to be based upon ADRs, ETFs, TIRs, and Closed-End Fund
Shares.\44\ Proposed CBOT Regulations 5704.01, 5719.01(a)(1),
5719.01(b)(1), 5804.01, 5818.01(a)(2)(C), and 5818.01(b)(1)(B)(ii)
limit CBOT security futures products to those that are based on these
permissible underlying securities.
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    \41\ 15 U.S.C. 78f(h)(3)(D).
    \42\ 15 U.S.C. 78f(h)(4).
    \43\ Id.
    \44\ See supra note 6.
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    Section 6(h)(3)(E) of the Act \45\ requires that security futures
products must be cleared by a clearing agency that has in place
provisions for linked and coordinated clearing with other clearing
agencies that clear security futures products, which permits a security
futures product to be purchased on one market and offset on another
market that trades the same product. Section 6(h)(7) of the Act \46\
defers this requirement until the ``compliance date,'' as defined in
that Section. The CBOT expects that its Clearing Services Provider,
Chicago Mercantile Exchange, Inc. (``CME''), will have provisions in
place to comply with Section 6(h)(3)(E) \47\ as of the compliance date.
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    \45\ 15 U.S.C. 78f(h)(3)(E).
    \46\ 15 U.S.C. 78f(h)(7).
    \47\ 15 U.S.C. 78f(h)(3)(E).
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    Section 6(h)(3)(F) of the Act \48\ requires that only a broker or
dealer subject to suitability rules comparable to those of a national
securities association registered pursuant to Section 15A(a) of the Act
\49\ may effect transactions in security futures products. CBOT members
that are notice-registered broker-dealers, for the purpose of effecting
transactions in security futures, are bound by the applicable sales
practice rules of the National Futures Association (``NFA''). The NFA
is registered with the Commission as a limited purpose national
securities association, and, as such, its sales practice rules relating
to security futures products are comparable to those of a national
securities association registered pursuant to Section 15A(a) of the
Act.\50\
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    \48\ 15 U.S.C. 78f(h)(3)(F).
    \49\ 15 U.S.C. 78o-3(a).
    \50\ Id.
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    Section 6(h)(3)(G) of the Act \51\ requires that security futures
products be subject to the dual trading prohibition contained in
Section 4j of the CEA \52\ and rules and regulations thereunder (or
Section 11(a) of the Act \53\ and rules and regulations thereunder),
unless otherwise permitted. Pursuant to CFTC Regulation
41.27(a)(5),\54\ Section 4j of the CEA \55\ and CFTC Regulation 41.27
\56\ promulgated thereunder do not apply to the CBOT because the CBOT
does not intend to list any security futures products in the open
auction environment and the CBOT's electronic trading system does not
provide market participants with a time or place advantage or the
ability to override a predetermined algorithm.
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    \51\ 15 U.S.C. 78f(h)(3)(G).
    \52\ 7 U.S.C. 6j.
    \53\ 15 U.S.C. 78k(a).
    \54\ 17 CFR 41.27(a)(5).
    \55\ 7 U.S.C. 6j.
    \56\ 17 CFR 41.27.
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    Section 6(h)(3)(H) of the Act \57\ requires that trading in
security futures products must not be readily susceptible to
manipulation of the price of such security futures products, nor to
causing or being used in the manipulation of the price of any
underlying security, option on such security, or option on a group or
index including such securities. The CBOT's Listing Standards contained
in proposed CBOT Regulations 5719.01 and 5818.01, as well as the other
proposed CBOT Regulations in Chapters 57 and 58, are designed to ensure
that security futures products traded on the Exchange will not be
readily subject to price manipulation, nor to being used in the
manipulation of the price of any underlying securities. CBOT Rule
502.00 generally prohibits market manipulation with respect to
commodities, securities, and futures and options contracts.\58\
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    \57\ 15 U.S.C. 78f(h)(3)(H).
    \58\ CBOT Rule 502.00 (Market Manipulation) states that:
    Any manipulation of prices of, or any attempt to manipulate or
corner the market in, any commodity, security, or futures or options
contract is prohibited. Purchases or sales of commodities,
securities, or futures or options contracts, or offers to purchase
or sell commodities, securities, or futures or options contracts,
for the purpose of upsetting the equilibrium of the market or
creating a condition in which prices do not or will not reflect fair
market values, are prohibited, and any person who makes or assists
in making such purchase or sale or offers to purchase or sell with
knowledge of the purpose thereof, or who, with such knowledge
assists in carrying out any plan or scheme for the making of such
purchases or sales or offers to purchase or sell, shall be deemed to
have engaged in an act inconsistent with just and equitable
principles of trade and an act detrimental to the interest or
welfare of the Exchange.
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    The position limit standards set forth in proposed CBOT Regulations
5711.01 and 5810.01 (``Position Limits'') are also designed to prevent
market manipulation with respect to physically-settled single stock
futures and physically-settled narrow-based stock index futures,
respectively, through the adoption of position limits in accordance
with CFTC Regulation 41.25.\59\ With respect to cash-settled narrow-
based stock index futures, proposed CBOT Regulation 5810.01 adopts the
position limit standards set forth in OneChicago Rule 1002(e)(2) \60\
and CFE Rule 1902(e) \61\ and applies those standards to all CBOT cash-
settled narrow-based stock index futures.\62\ Under proposed CBOT
Regulation 5810.01, the CBOT will calculate two numbers: The Market Cap
Position Limit and the SSF Position Limit. The Market Cap Position
Limit is based on the market capitalization of each narrow-based stock
index future and the notional value compared to the market
capitalization of the CME's position limit for its futures contract on
the Standard & Poor's (``S&P'') 500 Index. The SSF Position Limit is
based on the current position limit permitted for single stock futures
under CFTC Regulation 41.25.\63\ The CBOT will impose a position limit
on each cash-settled narrow-based stock index future equal to the lower
of the Market Cap Position Limit and the SSF Position Limit, rounded to
the nearest multiple of 1,000 contracts; provided, however, that if the
lower of the two limits is less than 500 but not less than 400, the
position limit for such future will be rounded up to 1,000 contracts.
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    \59\ 17 CFR 41.25.
    \60\ See SR-OC-2003-06, supra note 21.
    \61\ See SR-CFE-2005-01, supra note 22.
    \62\ Consistent with CFTC Regulation 41.25, position limits
apply to positions in any cash-settled narrow-based stock index
futures held during the last five trading days of an expiring
contract.
    \63\ 17 CFR 41.25.
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    To calculate the Market Cap Position Limit, the CBOT will determine
the market capitalization of the S&P 500 Index (as of the selection
date for the

component securities in the index underlying the narrow-based stock
index future), then will calculate the notional value of a position at
the limit of CME's S&P 500 Index futures contract (``S&P 500 Notional
Value Limit'') \64\ and then will divide the first amount by the second
to determine the market capitalization ratio (``Market Cap
Ratio'').\65\ The CBOT then will determine the market capitalization of
the index underlying the narrow-based stock index future (``Stock Index
Market Cap'') \66\ and the notional value of the index underlying the
narrow-based stock index future (``Notional Value'').\67\ To calculate
the Market Cap Position Limit, the CBOT will divide the Stock Index
Market Cap by the Notional Value multiplied by the Market Cap
Ratio.\68\
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    \64\ The speculative position limit for CME's S&P 500 Index
futures contract is 20,000 contracts (in all months combined) and
the contract multiplier is $250. The S&P 500 Notional Value Limit =
Index * 20,000 * 250.
    \65\ Market Cap Ratio = Market Capitalization of S&P 500 Index/
S&P 500 Notional Value Limit.
    \66\ The Stock Index Market Cap is calculated by adding the
market capitalization of each stock comprising the underlying
narrow-based security index.
    \67\ Notional Value = Level of the Index underlying the narrow-
based stock index future * contract multiplier.
    \68\ Market Cap Position Limit = Stock Index Market Cap/
(Notional Value * Market Cap Ratio).
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    To calculate the SSF Position Limit for a narrow-based stock index
future, the CBOT will first calculate its Notional Value in the same
manner described above.\69\ Then, for each component security in the
index underlying the narrow-based stock index future, the CBOT will
multiply the index weight of the component security \70\ by the
Notional Value to determine the security's proportion of the narrow-
based stock index future (``Share Weighting''). The CBOT will then
divide each security's Share Weighting by its price to calculate the
number of shares of that security represented in the narrow-based stock
index futures contract (``Implied Shares''). The CBOT then, for each
component security in the index underlying the narrow-based stock index
future, will divide its Implied Shares by 100 to obtain the implied
number of 100-share contracts of each component security in each
narrow-based stock index futures contract. The CBOT then will divide
the applicable single stock futures contract position limit permitted
under CFTC Regulation 41.25(a)(3) \71\ (either 13,500 or 22,500
contracts) for each component security by the number of implied 100-
share contracts. This equals the number of narrow-based stock index
futures contracts that could be held without exceeding the speculative
position limit on a futures contract on that component security
(``Implied SSF Speculative Limit''). If a component security qualifies
for position accountability under CFTC Regulation 41.25(a)(3),\72\ that
security would be ignored for purposes of this calculation. After
calculating the Implied SSF Speculative Limit for each security in the
index underlying the narrow-based stock index future, the CBOT will
identify the lowest Implied SSF Speculative Limit as the SSF Position
Limit for that narrow-based stock index future.
---------------------------------------------------------------------------

    \69\ See supra note 64.
    \70\ Index weight of the component security = (assigned shares *
price) of the component security/the sum of (assigned shares *
price) for each component security.
    \71\ 17 CFR 41.25(a)(3).
    \72\ Id.
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    The CBOT's proposed CBOT Regulations 5712.01 and 5811.01 regarding
regulatory trading halts, and proposed CBOT Regulations 5713.01,
5714.01, 5812.01, and 5813.01 regarding settlement prices, implement
the requirements contained in Rule 6h-1 under the Act \73\ relating to
regulatory halts and settlement with respect to security futures
products.
---------------------------------------------------------------------------

    \73\ 17 CFR 240.6h-1.
---------------------------------------------------------------------------

    Proposed CBOT Regulation 5818.01(a)(2)(P) provides that if a
narrow-based stock index future is cash-settled, it must be designated
as AM-settled, which mirrors OneChicago Rule 1006(a)(2)(P).\74\
---------------------------------------------------------------------------

    \74\ See SR-OC-2005-02, supra note 21.
---------------------------------------------------------------------------

    Proposed CBOT Regulation 5813.01 incorporates the special
procedures for determining the final settlement price of cash-settled
narrow-based stock index futures, which are required by Rule 6h-1(b)
under the Act \75\ and CFTC Regulation 41.25(b) \76\ and mirrors
OneChicago Rule 1002(i)(2) \77\ and CFE Rule 1902(i).\78\ Under
proposed CBOT Regulation 5813.01, a special opening quotation of the
relevant index underlying the cash-settled narrow-based stock index
future will be derived from the sum of the opening prices \79\ of each
component stock. When all of the component stocks have opened, the
final special opening quotation will be calculated and disseminated.
---------------------------------------------------------------------------

    \75\ 17 CFR 240.6h-1(b).
    \76\ 17 CFR 41.25(b).
    \77\ See SR-OC-2003-06, supra note 21.
    \78\ See SR-CFE-2005-01, supra note 22.
    \79\ Consistent with Rule 6h-1(a)(1) under the Act, 17 CFR
240.6h-1(a)(1), and CFTC Regulation 41.1(j), 17 CFR 41.1(j),
proposed CBOT Regulation 5813.01(c)(i) defines ``opening price'' as
follows:
    ``Opening price'' means the official price at which a security
opened for trading during the regular trading session of the
national securities exchange or national securities association that
lists the security. If the security is not listed on a national
securities exchange or a national securities association, then
``opening price'' shall mean the price at which a security opened
for trading on the primary market for the security. If a component
security is an ADR traded on a national securities exchange or
national securities association, the opening price for the ADR would
be derived from the national securities exchange or national
securities association that lists it.
---------------------------------------------------------------------------

    If the price of one or more of the component securities is not
readily available \80\ on the day scheduled for determination of the
final settlement price, the price of the component security or
securities shall be based on the next available opening price of that
security, unless the Exchange determines that one or more component
securities are not likely to open within a reasonable time. If the
Exchange makes such a determination, the price of the relevant
component security or securities for purposes of calculating the final
settlement price will be the last trading price of the security or
securities during the most recent regular trading session for such
security or securities. Proposed CBOT Regulation 5813.01(d) also
provides that the CBOT Regulation shall not be used to calculate the
final settlement price of a cash-settled narrow-based stock index
future if the Exchange's Clearing Services Provider fixes the final
settlement price in accordance with its rules and as permitted under
Rule 6h-1(b)(3) under the Act \81\ and CFTC Regulation 41.25(b)(3).\82\
---------------------------------------------------------------------------

    \80\ Under proposed CBOT Regulation 5813.01(c)(iv), the price of
a security is ``not readily available'' if the national securities
exchange or national securities association that lists it does not
open on the day scheduled for determination of the final settlement
price, or if the security does not trade on the listing national
securities exchange or national securities association during the
regular trading session.
    \81\ 17 CFR 240.6h-1(b)(3).
    \82\ 17 CFR 41.25(b)(3).
---------------------------------------------------------------------------

    Section 6(h)(3)(I) of the Act \83\ requires that procedures be in
place for coordinated surveillance among the market on which a security
futures product is traded, any market on which any security underlying
the security futures product is traded, and other markets on which
related securities are traded to detect manipulation and insider
trading. Coordinated surveillance with respect to security futures
products is addressed in the Listing Standards in proposed CBOT
Regulations 5719.01(a)(10), 5719.01(b)(1)(F), 5818.01(a)(2)(G), and
5818.01(b)(1)(B)(vi). CBOT Regulation 190.01 sets forth the Exchange's
general authority to enter into agreements for

regulatory cooperation.\84\ The CBOT is an affiliate member of the
Intermarket Surveillance Group (``ISG'') and has signed the following
agreements: (1) An Agreement to Share Market Surveillance and
Regulatory Information between the CBOT and the full members of ISG;
(2) the Agreement to Share Market Surveillance and Regulatory
Information between the CBOT and the affiliate members of ISG; and (3)
the Addendum for Security Futures Products to agreements between the
full members of ISG and the affiliate members of ISG trading security
futures products.
---------------------------------------------------------------------------

    \83\ 15 U.S.C. 78f(h)(3)(I).
    \84\ CBOT Regulation 190.01 (Regulatory Cooperation) states
that:
    The Exchange may from time to time enter into such agreements
with domestic or foreign self-regulatory organizations,
associations, boards of trade, clearing organizations, and their
respective regulators providing for the exchange of information and
other forms of mutual assistance for financial surveillance, routine
audits, market surveillance, investigative, enforcement and other
regulatory purposes as the Exchange may consider necessary or
appropriate or as the Commodity Futures Trading Commission may
require. The Exchange is authorized to provide information to any
such organization, association, board of trade, clearing
organization or regulator that is a party to an information sharing
agreement with the Exchange, in accordance with the terms and
subject to the conditions set forth in such agreement.
---------------------------------------------------------------------------

    Section 6(h)(3)(J) of the Act \85\ requires that a market on which
security futures products are traded must have audit trails that are
necessary or appropriate to facilitate the coordinated surveillance
addressed in the preceding paragraph. The CBOT utilizes the LIFFE
CONNECT[reg] software, pursuant to a license agreement, to power e-
cbot[reg], the Exchange's electronic trading system. The e-cbot system
creates an electronic transaction history database that contains
information with respect to all orders, whether executed or not, and
resulting transactions on the Exchange. The information recorded with
respect to each order includes: time received, terms of the order,
order type, instrument and contract month, price, quantity, account
type, account designation, e-cbot User ID, and clearing firm. This
information enables the CBOT to trace each order back to the clearing
firm by or through which it was submitted. If any question arises as to
the source of an order prior to submission by or through a clearing
firm, the CBOT will request that the clearing firm provide an
electronic or other record of the order.
---------------------------------------------------------------------------

    \85\ 15 U.S.C. 78f(h)(3)(J).
---------------------------------------------------------------------------

    For orders that cannot be immediately entered into the e-cbot
system, and therefore will not be recorded electronically at the time
they are placed, CBOT Regulation 9B.11 (Order Entry) requires that the
member or Registered User receiving the order must make a record of the
order including the order instructions, account designation, date, time
of receipt, and any other information that is required by the
Exchange.\86\ CBOT Regulation 9B.18 (Records of Transactions Effected
Through the e-cbot System) requires that all written orders and any
other original records pertaining to orders entered through the e-cbot
system must be retained for five years.\87\
---------------------------------------------------------------------------

    \86\ CBOT Regulation 9B.11 (Order Entry) states that:
    (c) It shall be the duty of each member or Registered User to:
(1) submit orders through the e-cbot system under his registered e-
cbot User ID and (2) input for each order the price, quantity,
product, expiration month, correct CTI code and appropriate account
designation and, for options, put or call and strike price. A
suspense account may be used at the time of order entry provided
that a contemporaneous written record of the order, with the correct
account designation, is made, time-stamped and maintained in
accordance with CBOT Regulation 9B.18, and provided that the correct
account designation is entered into the clearing system prior to the
end of the trading day. A suspense account may also be used at the
time of order entry for bunched orders that are eligible for post-
trade allocation, and are executed pursuant to and in accordance
with CFTC Regulation 1.35(a-1)(5).
    (d) With respect to orders received by a member or Registered
User which are immediately entered into the e-cbot system, no
separate record need be made. However, if a member or Registered
User receives an order that is not immediately entered into the e-
cbot system, a record of the order including the order instructions,
account designation, date, time of receipt and any other information
that is required by the Exchange must be made. The order must be
entered into the e-cbot system when it becomes executable.
    \87\ CBOT Regulation 9B.18 (Records of Transactions Effected
Through the e-cbot System) provides that ``[a]ll written orders and
any other original records pertaining to orders entered through the
e-cbot system must be retained for five years. For orders entered
into the e-cbot system immediately upon receipt, the data contained
in the e-cbot system shall be deemed the original records of the
transaction.''
---------------------------------------------------------------------------

    The Exchange's sophisticated electronic surveillance system
facilitates the analysis of trading data to identify possible
violations with respect to both customer and market abuse. The Exchange
retains all audit trail data for a period of five years in compliance
with CFTC Regulation 1.31(a)(1).\88\
---------------------------------------------------------------------------

    \88\ 17 CFR 1.31(a)(1).
---------------------------------------------------------------------------

    Section 6(h)(3)(K) of the Act \89\ requires that an exchange on
which security futures products are traded must have in place
procedures to coordinate trading halts with any market on which any
security underlying such security futures products are traded and other
markets on which any related securities are traded. The CBOT's proposed
CBOT Regulation 5712.01 requires the CBOT to halt trading of a security
futures product based on a single security during any regulatory halt
(as defined in CFTC Regulation 41.1(1) \90\ and Rule 6h-1(a)(3) under
the Act \91\) imposed on the underlying security. Proposed CBOT
Regulation 5811.01 also requires the CBOT to halt trading of a security
futures product based on a narrow-based stock index during any
regulatory halt of one or more underlying securities that constitute
50% or more of the market capitalization of the narrow-based stock
index. The CBOT believes that these proposed regulations comply with
Section 6(h)(3)(K) of the Act \92\ and Rule 6h-1(c) \93\ thereunder.
---------------------------------------------------------------------------

    \89\ 15 U.S.C. 78f(h)(3)(K).
    \90\ 17 CFR 41.1(l).
    \91\ 17 CFR 240.6h-1(a)(3).
    \92\ 15 U.S.C. 78f(h)(3)(K).
    \93\ 17 CFR 240.6h-1(c).
---------------------------------------------------------------------------

    Section 6(h)(3)(L) of the Act \94\ requires that security futures
margin requirements comply with the regulations prescribed under
Section 7(c)(2)(B) of the Act.\95\ The CBOT believes that its proposed
CBOT Regulations 431.07 (Customer Margins for Security Futures
Positions Held in Futures Accounts) and 431.08 (Acceptable Margin for
Security Futures and Treatment of Undermargined Accounts), which have
been filed with the Commission \96\ pursuant to Section 19(b)(2) of the
Act,\97\ together with a written certification under Section 5c(c) of
the CEA,\98\ are consistent with the requirements of the Act regarding
customer margin.
---------------------------------------------------------------------------

    \94\ 15 U.S.C. 78f(h)(3)(L).
    \95\ 15 U.S.C. 78g(c)(2)(B).
    \96\ See SR-CBOT-2006-01, supra note 13.
    \97\ 15 U.S.C. 78s(b)(2).
    \98\ 7 U.S.C. 7a-2(c)(1).
---------------------------------------------------------------------------

    Proposed Chapters 57 and 58 of the CBOT Rulebook contain general
specifications for single stock futures and narrow-based stock index
futures, respectively. Specific terms applicable to particular single
stock futures or narrow-based stock index futures will be provided in
Specifications Supplements, described in proposed CBOT Regulations
5703.01, 5718.01, 5803.01, and 5817.01. This is the same approach set
forth in CFE Rules 1802(a), 1806, 1902(a), and 1906.\99\
---------------------------------------------------------------------------

    \99\ See SR-CFE-2005-01, supra at note 22.
---------------------------------------------------------------------------

    For the reasons discussed above, the CBOT submits that the CBOT's
Listing Standards satisfy the requirements set forth in Section 6(h)(3)
of the Act.\100\
---------------------------------------------------------------------------

    \100\ 15 U.S.C. 78f(h)(3).
---------------------------------------------------------------------------

4. Statutory Basis
    The Exchange has filed these proposed regulations pursuant to
Section 19(b)(7) of the Act.\101\ The CBOT believes the CBOT's Listing

Standards are authorized by, and consistent with, Section 6(b)(5) of
the Act,\102\ because they are designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, and to protect investors and the public interest.
---------------------------------------------------------------------------

    \101\ 15 U.S.C. 78s(b)(7).
    \102\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The CBOT does not believe that the proposed regulations will impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. Since the proposed regulations,
in conjunction with other related regulatory filings being made by the
CBOT, will permit the CBOT to become authorized to provide a trading
venue for security futures, these regulations will serve to enhance and
promote competition by allowing an additional exchange to list and
trade security futures.

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

    The CBOT neither solicited nor received any written comments on the
proposed regulations.

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

    Pursuant to Section 19(b)(7)(B) of the Act,\103\ the proposed
regulations became effective on February 21, 2006.\104\ Within 60 days
of the date of effectiveness of the proposed regulations, the
Commission, after consultation with the CFTC, may summarily abrogate
the proposed regulations and require that the proposed regulations be
re-filed in accordance with the provisions of Section 19(b)(1) of the
Act.\105\
---------------------------------------------------------------------------

    \103\ 15 U.S.C. 78s(b)(7)(B).
    \104\ The CBOT filed the proposed regulations with the CFTC,
together with a written certification under Section 5c(c) of the
CEA, 7 U.S.C. 7a-2(c), on February 16, 2006.
    \105\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------

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-CBOT-2006-03 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOT-2006-03. 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. Copies of such
filing will also be available for inspection and copying at the
principal office of the CBOT. All comments received will be posted
without change; the Commission does not edit identifying personal
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File No. SR-CBOT-2006-03 and should be submitted on or before April 11,
2006.

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\106\
---------------------------------------------------------------------------

    \106\ 17 CFR 200.30-3(a)(75).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
 [FR Doc. E6-4055 Filed 3-20-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: March 3, 2010 (Volume 75, Number 41)]
[Notices]
[Page 9637]
[DOCID:fr03mr10-104]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) has received a request for a waiver of compliance from certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

Burlington Junction Railway

[Waiver Petition Docket Number FRA-2010-0017]

    The Burlington Junction Railway (BJRY) of Burlington, Iowa, has
petitioned for a permanent waiver of compliance for one Baldwin RS-4-TC
locomotive built in 1953, and rebuilt in 1988, numbered BJRY 3238, from
the requirements of the Railroad Safety Glazing Standards, Title 49 CFR
Part 223, which require certified glazing in all windows. The railroad
indicates that the locomotive is used to switch an industrial park next
to the City of Rochelle, Illinois, over an approximately 3.0-mile long
track surrounded by warehouses and undeveloped rural agriculture
fields. The locomotive is used as a stand-by for the primary unit, and
is used two to three times a month. The top speed of operations is 10
mph. BJRY has provided an estimate of $5,914.26 for material and
assembly that does not include installation costs.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2010-0017) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.--5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) or at
http://www.dot.gov/privacy.html.

    Issued in Washington, DC on February 26, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. 2010-4376 Filed 3-2-10; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 88, Number 71 (Thursday, April 13, 2023)]
[Notices]
[Pages 22468-22469]
[FR Doc No: 2023-07796]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2007-0008]

National Advisory Council

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Committee management; request for applicants for appointment to
the National Advisory Council.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) requests that
qualified individuals interested in serving on the FEMA National
Advisory Council (NAC) apply for appointment as identified in this
notice. Pursuant to the Post-Katrina Emergency Management Reform Act of
2006 (PKEMRA), the NAC advises the FEMA Administrator on all aspects of
emergency management, incorporating input from and ensuring
coordination with Tribal, State, Territorial and local governments, and
the non-governmental and private sectors. The NAC consists of up to 40
members, all of whom are experts and leaders in their respective
fields. FEMA seeks to appoint or reappoint individuals to seven (7)
discipline-specific positions on the NAC and up to two (2) members as
Administrator Selections. If other positions open during the
application and selection period, FEMA may select qualified candidates
from the pool of applications.

DATES: FEMA will accept applications until 11:59 p.m. Eastern Time on
Sunday, May 21, 2023.

ADDRESSES: The preferred method for application package submission is
by email. Application packages by U.S. Mail may not be considered.
Please submit using the following method: Email: [email protected].
Save materials in one file using the naming convention, ``(Last Name)
(First Name)_NAC Application'' and attach to the email. The Office of
the NAC will send you an email that confirms receipt of your
application and will notify you of the final status of your application
once FEMA selects members.

FOR FURTHER INFORMATION CONTACT: Rob Long, Designated Federal Officer,
Office of the National Advisory Council, Federal Emergency Management
Agency; [email protected],<PHONE_NUMBER>. For more information on
the NAC, including membership application instructions, visit https://www.fema.gov/about/offices/national-advisory-council.

SUPPLEMENTARY INFORMATION: The NAC is an advisory committee established
in accordance with the provisions of the Federal Advisory Committee Act
(FACA), 5 U.S.C. ch. 10. As required by PKEMRA, the Secretary of
Homeland Security established the NAC to ensure effective and ongoing
coordination of federal preparedness, protection, response, recovery,
and mitigation for natural disasters, acts of terrorism, and other man-
made disasters. Appointees may be designated as a Special Government
Employee (SGE) as defined in section 202(a) of title 18, U.S.C., or as
a Representative (Rep.) member. SGEs speak in a personal capacity as
experts in their field and Representative members speak for the
stakeholder group they represent.
    FEMA is requesting that individuals who are interested in and
qualified to serve on the NAC apply for appointment to an open position
in one of the following seven discipline areas: Disabilities, Access,
and Functional Needs Rep.; Elected Tribal Government Officials Rep.;
Emergency Management Rep.; Emergency Response Provider Rep.; Non-
Elected Tribal Government Official Rep.; Health Scientist SGE; and
Standards Setting and Accrediting Rep. The Administrator may appoint up
to two (2) additional candidates to serve as FEMA Administrator
Selections (as SGE appointments). Please visit https://www.fema.gov/about/offices/national-advisory-council/membership-applications for
further information on expertise required to fill these positions.
Appointments will be for 3-year terms, or for the remainder of an
existing term that is open. Appointments begin in December 2023.
    The NAC Charter contains more information and can be found at:
https://www.fema.gov/sites/default/files/documents/fema_nac-charter_2022.pdf.

    If you are interested, qualified, and want FEMA to consider
appointing you to fill an open position on the NAC, please submit an
application package to the Office of the NAC as listed in the ADDRESSES
section of this notice. There is no application form; however, each
application package MUST include the following information:
     Cover letter, addressed to the Office of the NAC, that
includes current position title and employer or organization you
represent, home and work mailing addresses, preferred telephone number,
and email address; the discipline area position(s) for which you would
like consideration; why you are interested in serving on the NAC; and
how you heard about the solicitation for NAC members.
     A summary of the most important accomplishments that
qualify you to serve on the NAC, in the form of three to five (3-5)
bullets in less than 75 words total.
     Three (3) peer or supervisor references including full
name, position title, employer or organization, preferred telephone
number and email address. References must be able to attest to the
qualifications and accomplishments you have listed.
     Resume or Curriculum Vitae (CV).
    Your application package must be less than eight (8) total pages to
be considered by FEMA. Information contained in your application
package should clearly indicate your qualifications to serve on the NAC
and fill one of the current open positions. FEMA will not consider
incomplete applications. FEMA will review the information contained in
application packages and make selections based on (1) leadership
attributes; (2) emergency management experience; (3) expert knowledge
in identified discipline area; and (4) ability to meet NAC member
expectations. FEMA will also consider overall NAC composition,
including diversity (including, but not limited to geographic,
demographic, and experience) and mix of officials, emergency managers,
and emergency response providers from state, local, tribal, and
territorial governments, when selecting members. In order for DHS to
fully leverage broad-ranging experience and education, the NAC must be
diverse with regard to professional and technical expertise. DHS is
committed to pursuing opportunities, consistent with applicable law, to
compose a committee that reflects the diversity of the nation's people.
    DHS does not discriminate based on race, color, religion, sex,
national origin, sexual orientation, gender identity, marital status,
political affiliation, disability and genetic information, age,
membership in an employee organization, or other non-merit factor. DHS
strives to achieve a widely diverse candidate pool for all its
recruitment actions. Current DHS and FEMA employees, including FEMA
Reservists, are not eligible for membership. Federally registered
lobbyists may not apply. Candidates selected for appointment as SGEs
are required to complete a new entrant Confidential Financial
Disclosure Report (Office of Government Ethics (OGE) Form 450) each
year. You can find this form at the Office of Government Ethics website
(http://www.oge.gov). However, please do not submit this form with your
application.
    Expectations: Appointees to this volunteer service opportunity are
expected to fully participate in NAC activities, work with fellow
members as a team, and maintain a high degree of integrity. The NAC
Bylaws contain more information and can be found at: https://www.fema.gov/sites/default/files/documents/fema_nac-bylaws.pdf. NAC
members must serve on one of the NAC subcommittees, which meet
regularly through virtual means. FEMA estimates a six (6) hour minimum
time commitment per month for regular communications, special
activities, and subcommittee participation. Selected NAC members serve
in leadership roles and participate in additional meetings and
activities. Additionally, all NAC members can meet in-person up to
twice per year, typically three (3) days for each meeting. FEMA does
not pay NAC members for their time, but may reimburse travel expenses
such as airfare, lodging, meals, incidentals, and other transportation
costs within Federal Travel Regulations when pre-approved by the
Designated Federal Officer.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-07796 Filed 4-12-23; 8:45 am]
BILLING CODE 9111-48-P


[Federal Register Volume 78, Number 49 (Wednesday, March 13, 2013)]
[Rules and Regulations]
[Pages 15883-15885]
[FR Doc No: 2013-05736]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 71

[Docket No. DOT-OST-2012-0159]
RIN 2105-AE20

Standard Time Zone Boundaries

AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).

ACTION: Final rule.

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SUMMARY: This final rule updates and amends the Department's standard
time zone boundaries regulations to reflect changes that Congress made
to the Uniform Time Act. The purpose of this update is to ensure that
the Department's regulations accurately reflect other Federal law and
to reduce confusion over ambiguous language and inconsistencies.

DATES: This rule is effective March 13, 2013.

FOR FURTHER INFORMATION CONTACT: Jill Laptosky, Attorney-Advisor,
Office of General Counsel, 1200 New Jersey Avenue SE., Washington, DC
20590. She may also be reached by telephone at<PHONE_NUMBER> or by email
at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Since 2000, Congress has made several amendments to the Uniform
Time Act, 15 U.S.C. 260-267. Consequently, the Department's regulations
on standard time zone boundaries, 49 CFR Part 71, need to be updated in
order to ensure their consistency with Federal law. Therefore, the
Department is issuing this final rule to make the necessary updates and
to revise the language for clarity.
    This final rule is published under the authority of 15 U.S.C. 260-
267, which authorized the Secretary of Transportation to prescribe
regulations related to the observance of a uniform standard of time.
    The Administrative Procedure Act (5 U.S.C. 553) contains a ``good
cause'' exemption, which allows agencies to dispense with notice and
comment if those procedures are impracticable, unnecessary, or contrary
to the public interest. We have determined that under 5 U.S.C.
553(b)(3)(B), good cause exists for dispensing with a notice of
proposed rulemaking and public comment as this rule is implementing
statutory changes and clarifying language without imposing any new
requirements.

Amendments To Conform to Statute

    Section 71.1(a) is amended to correct a drafting error in the
current rule that referenced eight time zones instead of the nine that
exist pursuant to 15 U.S.C. 263. The first amendment in this final rule
thus changes the reference from eight to nine. Likewise, in Sec.
71.1(c), the ninth time zone, Chamorro, is added to the list of time
zones.
    Section 71.2(a) is amended to change the dates on which Daylight
Saving Time begins and ends pursuant to 15 U.S.C. 260a. Daylight Saving
Time now begins at 2 a.m. on the second Sunday in March and ends at 2
a.m. on the first Sunday in November.
    Additionally, Sec.  71.2(a) is amended to correct the drafting
error in relation to a State's authority to exempt an area within its
boundaries from the observance of Daylight Saving Time. The amended
version accurately states that a State that lies within two time zones
may either exempt the entire area of the State or either portion of the
State that lies within either time zone.

Revisions to Language for Clarity

    Section 71.1(a) is amended to remove part of the last sentence,
which states that ``specified rail carriers * * * [are authorized] to
carry the standard of time on which the major portion of a particular
operation is conducted into an adjoining time zone.'' This language
will not be replaced because it is an unnecessary interpretation of the
Federal statute.
    Additionally, Sec.  71.1(a) is amended to change the beginning of
the sentence that reads, ``It also contains lists * * *'' It is changed
to, ``The Uniform Time Act also contains lists * * * '' Likewise, the
end of subsection (a) to Sec.  71.1 has been amended to provide a
citation to the Federal statute that created the list of specified rail
carriers: ``15 U.S.C. 265.''
    The headings of Sec.  71.7(g) and Sec.  71.9(d) are amended to copy
the heading of Sec.  71.5(h) to read, ``Municipalities on boundary
line.'' The three subsections are fundamentally identical, and thus no
reason exists to have different headings.
    Section 71.6 originally had no subsections. It is now amended so
that Sec.  71.6 will have two subsections: Sec.  71.6(a) and (b). The
language of the original Sec.  71.6 will remain and be incorporated
into the new Sec.  71.6(a). Section 71.6(b) will include the list of
specified rail carriers that the Federal statute identifies for the
time zones referenced in this Part. See 15 U.S.C. 265. Subsection (a)
is now titled, ``Central zone in general.'' Subsection (b) is titled,
``Specified rail carrier exemptions.''

Regulatory Analysis and Notices

Executive Order 12866 (Regulatory Planning and Review), Executive Order
13563 (Improving Regulation and Regulatory Review), and DOT Policies
and Procedures

    This final rule is not a significant regulatory action within the
meaning of Executive Order 12866 or Executive Order 13563 and,
therefore, has not been reviewed by the Office of Management and Budget
(OMB). This final rule is not significant under DOT's Regulatory
Policies and Procedures. This rulemaking makes amendments to update the
Department's regulations to make them clearer and consistent with other
Federal law. As a result, DOT anticipates that this rulemaking will
have no economic impact.

Regulatory Flexibility Act

    Since notice and comment rulemaking is not necessary for this rule,
the provisions of the Regulatory Flexibility Act (Pub. L. 96-354, 5
U.S.C. 601-612) do not apply. However, DOT has evaluated the effects of
this action on small entities and has determined that the action would
not have a significant economic impact on a substantial number of small
entities because it simply amends our regulations to accurately reflect
other Federal law and clarify the regulations.

Unfunded Mandates Reform Act of 1995

    This final rule does not impose unfunded mandates as defined by the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48). It
does not result in the expenditure by State, local, or tribal
governments, in the aggregate, or by the private sector, of $148.1
million or more in any 1 year.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et
seq.), Federal agencies must obtain approval from OMB for each
collection of information they conduct, sponsor, or require through
regulations. The DOT has analyzed this final rule under the PRA and has
determined that this rule does not contain collection of information
requirements.

Executive Order 13132 (Federalism Assessment)

    The final rule does not have a substantial direct effect on the
States, the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government. This final rule does not include
sufficient federalism implications to warrant consultation processes.

Executive Order 13175 (Tribal Consultation)

    This final rule was analyzed according to Executive Order 13175,
``Consultation and Coordination with Indian Tribal Governments.'' The
final rule does not include sufficient tribal implications to warrant
consultation processes.

National Environmental Policy Act

    The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C.
4321-4347), as amended, requires Federal agencies to consider the
consequences of major Federal actions and prepare a detailed statement
on any action significantly affecting the quality of the human
environment. Since this final rule does not alter current practices, it
is unlikely that the adoption of this rule will have any significant
impacts on the environment.

List of Subjects in 49 CFR Part 71

    Time.

    Issued in Washington, DC, on March 5, 2013, under authority
delegated in 49 CFR Part 1.27(a).
Robert S. Rivkin,
General Counsel.

    For the reasons stated in the preamble, the Office of the Secretary
amends 49 CFR Part 71 as follows:

PART 71--STANDARD TIME ZONE BOUNDARIES

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 15 U.S.C. 260, 260a, 261, 262, 263, 264, 265, 267,
and 49 CFR 5.35(a).

0
2. In Sec.  71.1, revise paragraphs (a) and (c) to read as follows:

Sec.  71.1  Limits defined: exceptions authorized for certain rail
operating purposes only.

    (a) This part prescribes the geographic limits of each of the nine
standard time zones established by section 1 of the Standard Time Act,
as amended by section 4 of the Uniform Time Act of 1966 (15 U.S.C.
261). The Uniform Time Act also contains lists of operating exceptions
granted for specified rail carriers, whose operations cross the time
zone boundaries prescribed by this part. (15 U.S.C. 265).
* * * * *
    (c) The time zones established by the Standard Time Zone Act, as
amended by the Uniform Time Act of 1966, are Atlantic, eastern,
central, mountain,

Pacific, Alaska, Hawaii-Aleutian, Samoa, and Chamorro.

0
3. In Sec.  71.2, revise paragraph (a) to read as follows:

Sec.  71.2  Annual advancement of standard time.

    (a) The Uniform Time Act of 1966 (15 U.S.C. 260a(a)), as amended,
requires that the standard time of each State observing Daylight Saving
Time shall be advanced 1 hour beginning at 2 a.m. on the second Sunday
in March of each year and ending at 2 a.m. on the first Sunday in
November. This advanced time shall be the standard time of each zone
during such period. The Act authorizes any State to exempt itself from
this requirement. States in two or more time zones may exempt either
the entire State or may exempt the entire area of the State lying
within either time zone.
* * * * *

0
4. Revise Sec.  71.6 to read as follows:

Sec.  71.6  Central zone.

    (a) Central zone in general. The third zone, the central standard
time zone, includes that part of the United States that is west of the
boundary line between the eastern and central standard time zones
described in Sec.  71.5 and east of the boundary line between the
central and mountain standard time zones described in Sec.  71.7.
    (b) Specified rail carrier exemptions. The boundary line described
in Sec.  71.7 will not apply to the list of rail carriers in this
subsection. These carriers will have the following changing points
between the central and mountain time zones. The Chicago, Rock Island
and Gulf Railway Company and the Chicago, Rock Island and Pacific
Railway Company may use Tucumcari, New Mexico, as the point at which
they change from central to mountain time and vice versa; the Colorado
Southern and Fort Worth and Denver City Railway Companies may use
Sixela, New Mexico, as such changing point; the Atchison, Topeka and
Santa Fe Railway Company and other branches of the Santa Fe system may
use Clovis, New Mexico, as such changing point, and those railways
running into or through El Paso, Texas, may use El Paso as such point.

0
6. In Sec.  71.7, revise the paragraph (g) subject heading to read as
follows:

Sec.  71.7  Boundary line between central and mountain zones.

* * * * *
    (g) Municipalities on boundary line. * * *

0
7. In Sec.  71.9, revise the paragraph (d) subject heading to read as
follows:

Sec.  71.9  Boundary line between mountain and Pacific zones.

* * * * *
    (d) Municipalities on boundary line. * * *

[FR Doc. 2013-05736 Filed 3-12-13; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register: March 12, 2010 (Volume 75, Number 48)]
[Notices]
[Page 11899-11900]
[DOCID:fr12mr10-88]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2010-0015]

Certificate of Alternative Compliance for the Tugboat MR JOE

AGENCY: Coast Guard, DHS.

ACTION: Notice.

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SUMMARY: The Coast Guard announces that a Certificate of Alternative
Compliance was issued for the tugboat MR JOE as required by 33 U.S.C.
1605(c) and 33 CFR 81.18.

DATES: The Certificate of Alternative Compliance was issued on December
16, 2009.

ADDRESSES: The docket for this notice is available for inspection or
copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. You may also

find this docket on the Internet by going to http://
www.regulations.gov, inserting USCG-2010-0015 in the ''Keyword'' box,
pressing Enter, and then clicking ''Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call CWO2 David Mauldin, District Eight, Prevention Branch, U.S. Coast
Guard, telephone<PHONE_NUMBER>. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    A Certificate of Alternative Compliance, as allowed under Title 33,
Code of Federal Regulation, Parts 81 and 89, has been issued for the
tugboat MR JOE, O.N. 1218724. Full compliance with 72 COLREGS and
Inland Rules Act would hinder the vessel's ability to maneuver within
close proximity of other vessels. Placing the lights at the location
required by Annex I, paragraph 3(b) of 72 COLREGS and Annex I,
paragraph 84.05(b) of the Inland Rules Act would cause the lights to be
in a location which will be highly susceptible to damage. Locating the
sidelights 9'-3'' outboard from the centerline of the vessel on the
pilot house will provide a sheltered location for the lights and allow
maneuvering within close proximity to other vessels.
    The Certificate of Alternative Compliance allows for the placement
of the sidelights to deviate from requirements set forth in Annex I,
paragraph 3(b) of 72 COLREGS and Annex I, paragraph 84.05(b) of the
Inland Rules Act.
    This notice is issued under authority of 33 U.S.C. 1605(c), and 33
CFR 81.18.

    Dated: January 21, 2010.
J. W. Johnson,
Commander, U.S. Coast Guard, Chief, Inspections and Investigations
Branch, By Direction of the Commander, Eighth Coast Guard District.
[FR Doc. 2010-5381 Filed 3-11-10; 8:45 am]
BILLING CODE 9110-04-P


EPA ICR No. 1446.10; OMB Control No. 2070-0112

  SEQ CHAPTER \h \r 1 APPENDIX E

Summary of Public and Consultative Comments and EPA’s Response to All
Comments

(Copies of public comments are available at   HYPERLINK
"http://www.regulations.gov"  www.regulations.gov  at Docket ID Number

EPA-HQ-OPPT-2010-0910)

May 6, 2011

MEMORANDUM

SUBJECT: 	Response to Comments on the PCB Consolidated Reporting and
Recordkeeping 			Requirements Information Collection Request Renewal

FROM: 	Maria J. Doa, Director /s/

		National Program Chemicals Division

TO: 		Angela Hofmann, Director

		Regulatory Coordination Staff

	In proposing to renew ICR number 1446.10, on December 29, 2010, EPA
published a notice in the Federal Register soliciting public comment on
the ICR and its supporting statement (75 FR 82007).  The 60-day public
comment period ended February 28, 2011.  In response to the notice, EPA
received two sets of written comments, submitted by the Utilities Solid
Waste Activities Group (USWAG) and the Color Pigments Manufactures
Association (CPMA).

	In addition, concurrent with the public comment period for this ICR
renewal, EPA conducted a consultative outreach effort.  EPA contacted
seven individuals to solicit their opinion on the PCB recordkeeping and
reporting requirements.  EPA received two responses.  EPA received oral
comments from the American Gas Association (AGA) and comments from Guy
Donzella, EPS Industries.  Below is a brief summary of the comments made
and the responses to them:

A. Public Comments

1. USWAG:

USWAG did not object to EPA’s proposal to renew the existing ICR.
USWAG commented that there has been a 10 percent decline in the number
of newly discovered PCB transformers and that since the last ICR renewal
there has been a decrease in the number of PCB waste items listed on
manifests, a decrease in the number of reports on which PCB wastes were
listed, and a decrease in the number of certificates of disposal for PCB
wastes.

Response: This comment raises issues outside the scope of the ICR
exercise.  No change was made to the supporting statement based on this
comment.

USWAG commented that there has been a decrease in the number of PCB
spills and the number of spills required to be reported to the National
Response Center (NRC). USWAG also commented on the limitations of the
NRC spill data.

Response: This comment raises issues outside the scope of the ICR
exercise.  No change was made to the supporting statement based on this
comment.

2. CPMA:

CPMA commented in support of the existing regulatory structure for the
control of inadvertent de minimis PCBs in excluded products and
processes.  CPMA further commented that EPA’s recent proposal to
eliminate the excluded products and processes regulation under 40 CFR
section 761 would impact significantly numerous important color pigments
and be unreasonable, unnecessary, and not cost effective.

Response: This comment raises issues outside the scope of the ICR
exercise.  No change was made to the supporting statement based on this
comment.

CPA commented that the cost estimates for the burden of compliance
provided in the PRA supporting statement significantly underestimate the
costs of compliance with the reporting obligations because the cost of
management time is missing from the estimate of costs.

Response: This comment did not provide sufficient detail on what amount
of management supervision the commenter believes is needed for the
maintenance of records.  EPA believes that a minimal amount of
management supervision is necessary to ensure records are compiled and
maintained.  EPA revised its burden estimate to include .5 hours of
managerial time and reduced its estimate of the technical time by .5
hours.

CPA commented that the cost estimates for the burden of compliance
provided in the ICR’s supporting statement significantly underestimate
the costs of compliance with the reporting obligations because the costs
of sampling and analyzing products for PCBs is not included in EPA’s
cost estimates.

Response: The burden of sampling and analyzing the data are outside the
scope of this ICR exercise.  These comments relate to substantive
compliance with the regulations, not record keeping and reporting
burdens.  No change was made to the supporting statement based on this
comment.

B. Consultative Comments

1. American Gas Association (AGA)

AGA’s oral comments expressed concern with the requirement that if PCB
testing reveals greater than 50 ppm PCBs, that the collection point or
source must be tested every year until there are two successive tests
indicating less than 50 ppm PCBs.  According to AGA some collection
points become dry holes, so such testing would never reveal less than 50
ppm PCBs.  Wipe samples were suggested.

Response: EPA is aware of these industry concerns; however they are
outside the scope of this ICR exercise.  EPA plans to address issues
like these in its forthcoming rulemaking (see 75 FR 17645).  No change
was made to the supporting statement based on this comment.

AGA comments expressed concern that sampling data may need to be kept
perpetually.

Response:  EPA notes that 40 CFR section 761.30 (i)(1)(iii)(C) requires
records to be maintained “for 3 years after the PCB concentration in
the component or segment is reduced  to <50ppm.” No change was made to
the supporting statement based on this comment.

2. Guy Donzella, EPS Industries

Mr. Donzella commented that some of the data EPA is seeking may be
available through the regional coordinators, inspectors, or other
personnel.  Also, he commented that some states such as New York collect
data on PCBs.

Response:  EPA’s regional coordinators receive this information based
on the requirements of the underlying regulations which the ICR
supports.  Because the PCB program is not a delegated program, State
information is not uniform or complete enough to be a viable data source
for EPA’s data needs.  No change was made to the supporting statement
based on this comment.

Mr. Donzella believed it was clear what is required for data submission.

	Response: No response is required for this comment.

Mr. Donzella commented that he would be interested in an electronic data
submission option, preferably a secured web based data submission
system.  Mr. Donzella also commented that signatures should be handled
via PINS and passwords on a secured web system.  He commented that there
would be a significant increase in efficiency if companies could submit
raw data in comma delimited fields.

Response: EPA agrees with the commenter that a move toward electronic
manifesting as soon as feasible would be beneficial to both the Agency
and the public.  As EPA noted in 2004, the RCRA program has the lead on
this initiative for the uniform hazardous waste manifest, as the use of
the manifest for PCBs in 40 CFR part 761 is modeled on the RCRA
regulations.  EPA further notes that since 2004 the Agency is much
closer to implementation of electronic manifesting under RCRA and that
legislation to fund this program is under consideration in Congress.
Once electronic manifesting for hazardous waste has been implemented, it
may be possible to implement compatible electronic manifesting
requirements for PCBs.  EPA appreciates the information provided by Mr.
Donzella and will take it into account as it explores electronic
manifesting issues.

Mr. Donzella agreed with EPA’s estimated burden and costs.

Response: No response is required for this comment.


[Federal Register Volume 85, Number 111 (Tuesday, June 9, 2020)]
[Notices]
[Page 35299]
[FR Doc No: 2020-12464]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-1983-000]

Central 40, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced Central 40,
LLC's application for market-based rate authority, with an accompanying
rate tariff, noting that such application includes a request for
blanket authorization, under 18 CFR part 34, of future issuances of
securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is June 23, 2020.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
eLibrary link. Enter the docket number excluding the last three digits
in the docket number field to access the document. At this time, the
Commission has suspended access to the Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact the Federal Energy Regulatory
Commission at<EMAIL_ADDRESS>or call toll-free, (886) 208-
3676 or TYY,<PHONE_NUMBER>.

    Dated: June 3, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-12464 Filed 6-8-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 154 (Monday, August 11, 2014)]
[Notices]
[Pages 46782-46783]
[FR Doc No: 2014-18892]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13563-003]

Juneau Hydropower, Inc.; Notice of Application Accepted for
Filing and Soliciting Motions To Intervene and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Major Original License.
    b. Project No.: 13563-003.
    c. Date filed: May 29, 2014.
    d. Applicant: Juneau Hydropower, Inc.
    e. Name of Project: Sweetheart Lake Hydroelectric Project.
    f. Location: On Sweetheart Lake and Sweetheart Creek in the City
and Borough of Juneau, Alaska. The project will occupy about 2,058
acres of federal lands located in the Tongass National Forest
administered by the United States Forest Service.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Duff W. Mitchell, Business Manager, Juneau
Hydropower, Inc., P.O. Box 22775, Juneau, AK 99802;<PHONE_NUMBER>.
    i. FERC Contact: John Matkowski at<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests: 60 days
from the issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file
filing motions to intervene and protests using the Commission's eFiling
system at http://www.ferc.gov/docs-filing/efiling.asp. For assistance,
please contact FERC Online Support at<EMAIL_ADDRESS>(866)
208-3676 (toll free), or<PHONE_NUMBER> (TTY). In lieu of electronic
filing, please send a paper copy to: Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426. The
first page of any filing should include docket number P-13563-003.
    The Commission's Rules of Practice and Procedures require all
intervenors filing documents with the Commission to serve a copy of
that document on each person on 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. This application has been accepted for filing, but is not ready
for environmental analysis at this time.
    l. The proposed Sweetheart Lake Project would consist of: (1) The
existing Sweetheart Lake with a surface area of 1,702 acres and an
active storage capacity of 94,069 acre-feet at normal maximum water
elevation; (2) a 280-foot-long, 111-foot-high roller-compacted concrete
dam, (3) an intake structure with a fish screen; (4) a 9,621-foot-long,
15-foot-high, 15-foot-wide unlined power tunnel conveying flow from the
project intake to the penstock; (5) a 1,056-foot-long, 7- to 9-foot-
diameter penstock, the initial 896 feet of which is located in the
lower power tunnel; (6) a 160-foot-long, 60-foot-wide powerhouse
containing three 6.6-megawatt Francis generating units; (7) a 541-foot-
long tailrace that will flow into Sweetheart Creek; (8) a 25-foot-long,
5-foot-wide, 4-foot-deep salmon smolt re-entry pool located adjacent to
the powerhouse and tailrace; (9) a switchyard adjacent to the
powerhouse; (10) an 8.69-mile-long, 138-kilovolt (kV) transmission line
consisting of buried, submarine, and overhead segments; (11) a 2.8-
mile-long, 12.47-kV service line; (12) a 4,400-foot-long access road;
(13) marine access facilities including a dock, ramp, and landing site;
(14) a caretaker facility near the powerhouse; (15) a shelter facility
at the dam site; and (16) appurtenant facilities. The proposed
Sweetheart Lake Project would have an average annual generation of 116
gigawatt-hours.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket

number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support. A
copy is also available for inspection and reproduction at the address
in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Any qualified applicant desiring to file a competing application
must submit to the Commission, on or before the specified intervention
deadline date, a competing development application, or a notice of
intent to file such an application. Submission of a timely notice of
intent allows an interested person to file the competing development
application no later than 120 days after the specified intervention
deadline date. Applications for preliminary permits will not be
accepted in response to this notice.
    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 a development application. A
notice of intent must be served on the applicant(s) named in this
public notice.
    Anyone may submit a protest or a motion to intervene in accordance
with the requirements of Rules of Practice and Procedure, 18 CFR
385.210, 385.211, and 385.214. In determining the appropriate action to
take, the Commission will consider all protests 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 protests or motions to
intervene must be received on or before the specified deadline date for
the particular application.
    When the application is ready for environmental analysis, the
Commission will issue a public notice requesting comments,
recommendations, terms and conditions, or prescriptions.
    All filings must (1) bear in all capital letters the title
``PROTEST'' or ``MOTION TO INTERVENE,'' ``NOTICE OF INTENT TO FILE
COMPETING APPLICATION,'' or ``COMPETING APPLICATION;'' (2) set forth in
the heading the name of the applicant and the project number of the
application to which the filing responds; (3) furnish the name,
address, and telephone number of the person protesting or intervening;
and (4) otherwise comply with the requirements of 18 CFR 385.2001
through 385.2005. Agencies may obtain copies of the application
directly from the applicant. A copy of any protest or motion to
intervene must be served upon each representative of the applicant
specified in the particular application.

    Dated: July 31, 2014.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2014-18892 Filed 8-8-14; 8:45 am]
BILLING CODE 6717-01-P