[Federal Register Volume 78, Number 9 (Monday, January 14, 2013)]
[Notices]
[Page 2707]
[FR Doc No: 2013-00677]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission Investor Advisory Committee will hold a meeting
on Friday, January 18, 2013, in Multi-Purpose Room LL-006 at the
Commission's headquarters, 100 F Street NE., Washington, DC. The
meeting will begin at 10:00 a.m. (EDT) and will be open to the public.
Seating will be on a first-come, first-served basis. Doors will open at
9:30 a.m. Visitors will be subject to security checks. The meeting will
be webcast on the Commission's Web site at www.sec.gov.
    On January 9, 2013, the Commission issued notice of the Committee
meeting (Release No. 33-9378), indicating that the meeting is open to
the public and inviting the public to submit written comments to the
Committee. This Sunshine Act notice is being issued because a quorum of
the Commission may attend the meeting.
    The agenda for the meeting includes introductory remarks from
Chairman Walter and Commissioners; introductory remarks from Committee
officers; discussion of administrative matters; and reports from the
four Investor Advisory Committee subcommittees (the Investor as Owner
subcommittee, the Investor as Purchaser subcommittee, the Investor
Education subcommittee, and the Market Structure subcommittee).
    For further information, please contact the Office of the Secretary
at<PHONE_NUMBER>.

    Dated: January 10, 2013.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-00677 Filed 1-10-13; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Notices]
[Pages 60960-60963]
[FR Doc No: 2018-25818]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2018-0151]

Privacy Act of 1974; Department of Transportation, Office of the
Secretary of Transportation; DOT/ALL-27; Department of Transportation
Training Programs

AGENCY: Office of the Departmental Chief Information Officer, Office of
the Secretary of Transportation, DOT.

ACTION: Rescindment of Notices and Notice of a New System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Transportation's Office of the Secretary of Transportation (DOT/OST)
intends to establish a DOT-wide System of Records titled, ``DOT/ALL-27,
Training Programs.'' This system of records will allow the Department
of Transportation, to include its Operating Administrations and
Secretarial Offices, to collect and maintain contact, registration, and
other information about Department of Transportation employees and
other individuals related to participation in and management of
Department of Transportation training programs. This system, titled
Training Programs, will be included in the Department of
Transportation's inventory of record systems. The Department also
intends to rescind existing Notices for DOT/RITA-O12, TSI Online
Catalog and Learning Management System'', and DOT/FHWA-221, ``National
Highway Institute website (NHIW) and Course Management Tracking System
(CMTS)'', as these records will be part of the new DOT/ALL-27 described
in this Notice.

DATES: Written comments should be submitted on or before December 27,
2018. The Department may publish an amended SORN in light of any
comments received. This new system will be effective December 27, 2018.

ADDRESSES: You may submit comments, identified by docket number DOT-
OST-2018-0151 by any of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Ave. SE, between 9 a.m. and 5 p.m. ET, Monday
through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: You must include the agency name and docket number
DOT-OST-2018-0151. All comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided.
    Privacy Act: Anyone is able to search the electronic form of all
comments received in any of our dockets by the name of the individual
submitting the comment (or signing the comment, 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
January 17, 2008 (73 FR 3316-3317).
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to the street
address listed above. Follow the online instructions for accessing the
docket.

FOR FURTHER INFORMATION CONTACT: For questions, please contact: Claire
W. Barrett, Departmental Chief Privacy Officer, Privacy Office,
Department of Transportation, Washington, DC 20590; [email protected]; or
(202) 527-3284.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Transportation (DOT)/Office of the Secretary of
Transportation (OST) proposes to rescind the current system of records
notices for DOT/RITA-012 and DOT/FHWA-221, and issue a DOT system of
records titled, ``DOT/ALL-27 Training Programs.''
    The Department of Transportation provides training courses to its
employees, contractors, and others. The Department wishes to create a
new system of records for training program registration and
participation information, including information pertaining to training
course participants, instructors and course developers, and others
involved in training course creation, management, and delivery. The
Department will use this information to monitor and manage registration
in training courses, track and record participation and completion in
DOT training courses, schedule courses, assess the effectiveness of
training, identify training trends and needs, and schedule training
classes and programs. This system of records excludes records
associated with training provided by entities other than DOT and
training records covered by the Office of Personnel Management's
Government-wide System of Records Notice, OPM/GOVT-1, ``General
Personnel Records.'' Because DOT-provided training records will be
covered by this Department-wide notice, individual notices covering
particular DOT offices are not necessary; therefore, this notice also
rescinds DOT/RITA-012, ``TSI Online Catalog and Learning Management
System'' and DOT/FHWA-221, ``National Highway Institute website (NHIW)
and Course Management and Tracking System (CMTS)''. The records covered
by DOT/RITA-012 and DOT/FHWA-221 will be managed according to the new
DOT/ALL-27.
    The routine uses are compatible with the purposes for which the
information was collected. Individuals whose personally identifiable
information (PII) is in this system of records have provided it to DOT
to enable DOT to

document their participation in the course, ensure that the course
scheduling and resources are allocated sufficiently to meet participant
needs, and to share information with supervisors, instructors, and
other entities as necessary to manage training classes and schedules,
and verify participation in and completion of the course.
    The information contained within this system of records will be
collected directly from the individuals who are the subject of the
record.
    This new system will be included in DOT's inventory of record
systems.

II. Privacy Act

    The Privacy Act (5 U.S.C. 552a) governs the means by which the
Federal Government collects, maintains, and uses personally
identifiable information (PII) in a System of Records. A ``System of
Records'' is a group of any records under the control of a Federal
agency from which information about individuals is retrieved by name or
other personal identifier. The Privacy Act requires each agency to
publish in the Federal Register a System of Records notice (SORN)
identifying and describing each System of Records the agency maintains,
including the purposes for which the agency uses PII in the system, the
routine uses for which the agency discloses such information outside
the agency, and how individuals to whom a Privacy Act record pertains
can exercise their rights under the Privacy Act (e.g., to determine if
the system contains information about them and to contest inaccurate
information).
    In accordance with 5 U.S.C. 552a(r), DOT has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
SYSTEM NAME AND NUMBER:
Department of Transportation (DOT)/ALL-27, Training Programs

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at the Department of Transportation and in
component offices of the Department of Transportation in both
Washington, DC and field offices.

SYSTEM MANAGER(S):
    Requests for training records should be submitted to the component
office(s) that offers or sponsors the training. Contact information for
system manager is provided at time of course registration and/or
participation.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301; 23 U.S.C. 504; and 49 U.S.C. 301, 5314, 5315, 20108,
30182, and 40108.

PURPOSE(S):
    The purpose of this system is to manage, oversee, and document
training provided to DOT employees, contractors, and others. This
system will provide DOT with a means to document registration,
participation, and completion of DOT provided training, document the
particular training that is provided, identify training trends and
needs, evaluate course instructors and course quality and context, and
schedule training classes, programs, and instructors. The DOT also may
use records from this system to document completion of training
requirements for other DOT-mission purposes.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current and former DOT employees, volunteers and contractors; any
individual who has participated in or assisted with a DOT training
program, including students and instructors; any other Federal employee
or private individual, including contractors and others, who has
participated in or assisted with training programs sponsored or
operated by the DOT; and other participants in training programs,
including instructors, course developers, observers, and interpreters.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Categories of records in the system include:
    Individual's name;
    Individual's date of birth;
    Student or other identification number assigned to the individual
    Address;
    Phone number;
    Email address;
    Employer Name, address, and contact information, Occupation/Job
Title;
    Resume/Qualifications (for course instructors)
    Applications;
    Registration forms;
    Course rosters and sign-in sheets;
    Instructor lists;
    Payment records, including financing, travel and related
expenditures;
    Grades and student evaluations;
    Course evaluations;
    Examination and testing materials; and
    Other records and reports related to training.

RECORD SOURCE CATEGORIES:
    Records are obtained from DOT employees and other individuals who
are the subject of such records.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DOT as a
routine use pursuant to 5 U.S.C. 552a(b)(3).

    System Routine Uses

    (1) To organizations, including other government entities,
sponsoring or providing remuneration for training;
    (2) To other Federal agencies as needed to create class schedules,
or determine qualifications for participation in classes as students or
instructors;
    (3) To educational institutions or training providers as evidence
of participation or successful completion, as needed to continue
education;

    Department General Routine Uses

    (4) To the appropriate agency, whether Federal, State, local, or
foreign, charged with the responsibility of implementing,
investigating, prosecuting, or enforcing a statute, regulation, rule or
order, when a record in this system indicates a violation or potential
violation of law, whether civil, criminal, or regulatory in nature,
including any records from this system relevant to the implementation,
investigation, prosecution, or enforcement of the statute, regulation,
rule, or order that was or may have been violated;
    (5) To a Federal, State, or local agency maintaining civil,
criminal, or other relevant enforcement information or other pertinent
information, such as current licenses, if necessary for DOT to obtain
information relevant to a DOT decision concerning the hiring or
retention or an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant or other
benefit;
    (6) To a Federal agency, upon its request, in connection with the
requesting Federal agency's hiring or retention of an employee, the
issuance of a security clearance, the reporting of an investigation or
an employee, the letting of a contract, or the issuance of a license,
grant, or other benefit by the requesting agency, to the extent that
the information requested is relevant and necessary to the requesting
agency's decision on the matter;
    (7) To the Department of Justice, or any other Federal agency
conducting litigation, when (a) DOT, (b) any DOT employee, in his/her
official capacity, or in his/her individual capacity if the

Department of Justice has agreed to represent the employee, or (c) the
United States or any agency thereof, is a party to litigation or has an
interest in litigation, and DOT determines that the use of the records
by the Department of Justice or other Federal agency conducting the
litigation is relevant and necessary to the litigation; provided,
however, that DOT determines, in each case, that disclosure of the
records in the litigation is a use of the information contained in the
records that is compatible with the purpose for which the records where
collected;
    (8) To parties in proceedings before any court or adjudicative or
administrative body before which DOT appears when (a) DOT, (b) any DOT
employee in his or her official capacity, or in his or her individual
capacity where DOT has agreed to represent the employee, or (c) the
United States or any agency thereof is a party to litigation or has an
interest in the proceeding, and DOT determined that is relevant and
necessary to the proceeding; provided, however, that DOT determines, in
each case, that disclosure of the records in the proceeding is a use of
the information contained in the records that is compatible with the
purpose for which the records where collected;
    (9) To the National Archives and Records Administration for an
inspection under 44 U.S.C. 2904 and 2906;
    (10) To another agency or instrumentality of any government
jurisdiction for use in law enforcement activities, either civil or
criminal, or to expose fraudulent claims; however, this routine use
only permits the disclosure of names pursuant to a computer matching
program that otherwise complies with the requirements of the Privacy
Act;
    (11) To appropriate agencies, entities, and persons, when (1) DOT
suspects or has confirmed that the security or confidentiality of
information in the system of records has been compromised; (2) DOT has
determined that as a result of the suspected or confirmed compromise
there is a risk of harm to economic or property interests, identity
theft or fraud, or harm to the security or integrity of this system or
other systems or programs (whether maintained by DOT or not) that rely
on the compromised information; and (3) the disclosure made to such
agencies, entities, or persons is reasonably necessary to assist in
connection with DOT's efforts to respond to the suspected or confirmed
compromise and prevent, minimize, or remedy such harm.;
    (12) To the Office of Government Information Services (OGIS) for
the purpose of resolving disputes between requesters seeking
information under the Freedom of Information Act (FOIA) and DOT, or
OGIS' review of DOT's policies, procedures, and compliance with FOIA;
    (13) To DOT''s contractors and their agents, DOT's experts,
consultants, and others performing or working on a contract, service,
cooperative agreement, or other assignment for DOT, when necessary to
accomplish an agency function related to this system of records.
    (14) To an agency, organization, or individual for the purpose of
performing an audit or oversight related to this system or records,
provided that DOT determines the records are necessary and relevant to
the audit or oversight activity. This routine use does not apply to
intra-agency sharing authorized under Section (b)(1) of the Privacy
Act; and
    (15) To a Federal, State, local, tribal, foreign government, or
multinational agency, either in response to a request or upon DOT's
initiative, terrorism information (6 U.S.C. 485(a)(5), homeland
security information (6 U.S.C. 482(f)(1), or law enforcement
information (Guideline 2, report attached to White House Memorandum,
``Information Sharing Environment,'' Nov. 22, 2006), when DOT finds
that disclosure of the record is necessary and relevant to detect,
prevent, disrupt, preempt, or mitigate the effects of terrorist
activities against the territory, people, and interests of the United
States, as contemplated by the Intelligence Reform and Terrorism
Prevention Act of 2004, Pub. L. 108-456, and Executive Order 13388
(Oct. 25, 2005).

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system are stored electronically and/or on paper in
secure facilities. Electronic records may be stored on magnetic disc,
tape, digital media, and CD-ROM.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records will primarily be retrieved by individual's name, but may
be retrieved by other identifiers in the system.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are typically destroyed when three years old, or 3 years
after superseded or obsolete, whichever is appropriate, in accordance
with National Archives and Records Administration General Records
Schedule 2.6, Item 010. General Records Schedule 2.6, Item 010, also
permits agencies to retain these records for a longer period of time,
when needed for business use.

ADMINITRATION, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DOT automated
systems security and access policies. Strict controls have been imposed
to minimize the risk of compromising the information that is being
stored. Access to records in this system is limited to those
individuals who have a need to know the information for the performance
of their official duties and who have appropriate clearances or
permissions.

RECORD ACCESS PROCEDURES:
    Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to the System Manager at the address
identified in ``System Manager and Address'' above. If an individual
believes more than one component maintains Privacy Act records
concerning him or her, the individual may submit the request to the
Departmental Freedom of Information Act Office, U.S. Department of
Transportation, Room W94-122, 1200 New Jersey Ave. SE, Washington, DC
20590, ATTN: FOIA/Privacy Act request.
    When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 49 CFR part 10. You must sign
your request, and your signature must either be notarized or submitted
under 28 U.S.C. 1746, a law that permits statements to be made under
penalty of perjury as a substitute for notarization. While no specific
form is required, you may obtain forms for this purpose from the Chief
Freedom of Information Act Officer, http://www.dot.gov/foia or
202.366.4542. In addition you should provide the following:
    An explanation of why you believe the Department would have
information on you;
     Identify which component(s) of the Department you believe
may have the information about you;
     Specify when you believe the records would have been
created;
     Provide any other information that will help the FOIA
staff determine which DOT component agency may have responsive records;
and

    If your request is seeking records pertaining to another living
individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
    Without this bulleted information the component(s) may not be able
to conduct an effective search, and your request may be denied due to
lack of specificity or lack of compliance with applicable regulations.

CONTESTING RECORD PROCEDURES:
    See ``Record Access Procedures'' above.

NOTIFICATION PROCEDURE:
    See ``Record Access Procedures'' above.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

HISTORY:
    Not applicable.

    Issued in Washington, DC on November 21, 2018,
Claire W. Barrett,
Departmental Chief Privacy Officer.
[FR Doc. 2018-25818 Filed 11-26-18; 8:45 am]
 BILLING CODE 4910-9X-P


[Federal Register Volume 80, Number 58 (Thursday, March 26, 2015)]
[Notices]
[Page 16007]
[FR Doc No: 2015-06908]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2008-0719; FRL-9925-35-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Effluent Guidelines and Standards for the
Airport Deicing Category (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), ``Effluent Guidelines and
Standards for the Airport Deicing Category (Renewal)'' (EPA ICR No.
2326.03, OMB Control No. 2040-0285) to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of
the ICR, which is currently approved through March 31, 2015. Public
comments were previously requested via the Federal Register (79 FR
78428) on December 30, 2014 during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An Agency may not conduct or sponsor and a
person is not required to respond to a collection of information unless
it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before April 27,
2015.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2008-0719, to (1) EPA online using www.regulations.gov (our preferred
method), by email to<EMAIL_ADDRESS>or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Sarita Hoyt, State and Regional
Branch, Water Permits Division, OWM Mail Code: 4203M, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: This ICR calculates the burden and costs associated with
information collection and reporting activities required by EPA's
Effluent Limitations Guidelines and New Source Performance Standards
for the Airport Deicing Category (40 CFR 449.10 and 449.20).
Respondents affected by this information collection request are covered
by either EPA's Multi-Sector General Permit (MSGP), an equivalent state
stormwater general permit, or an individual stormwater permit, and the
NPDES permitting authorities receive, process, and review permit
applications, and Notices of Intent (NOIs). Permitting authorities will
also process and review certifications of non-use of urea-based
deicers, and monitoring data as applicable.
    Form Numbers: None.
    Respondents/affected entities: Commercial airports with at least
1,000 annual non-propeller aircraft departures.
    Respondent's obligation to respond: Mandatory (40 CFR 449.10 and
449.20).
    Estimated number of respondents: 198 (total).
    Frequency of response: Annual.
    Total estimated burden: 198 hours (per year). Burden is defined at
5 CFR 1320.03(b).
    Total estimated cost: $6,534 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in the Estimates: There is no change in the total estimated
respondent burden compared with the ICR currently approved by OMB.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2015-06908 Filed 3-25-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: March 13, 2006 (Volume 71, Number 48)]
[Notices]
[Page 12694-12696]
[DOCID:fr13mr06-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

March 6, 2006.
    Take notice that the Commission received the following electric
rate filings.
    Docket Numbers: ER02-2551-003.
    Applicants: Cargill Power Markets, LLC.
    Description: Cargill Power Markets, LLC submits a market power
analysis in support of its continued eligibility to sell electric
energy at market-based rates.
    Filed Date: February 28, 2006.
    Accession Number: 20060303-0095.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 21, 2006.

    Docket Numbers: ER03-407-007.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corp. submits
an instant informational filing in response to Commission's March 8,
2005 Order.
    Filed Date: February 27, 2006.
    Accession Number: 20060301-0034.
    Comment Date: 5 p.m. Eastern Time on Monday, March 20, 2006.

    Docket Numbers: ER03-563-057; EL04-102-013.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. submits its Sixth Compliance
Report pursuant to the June 2, 2004 Order.
    Filed Date: February 28, 2006.
    Accession Number: 20060303-0189.

    Comment Date: 5 p.m. Eastern Time on Tuesday, March 21, 2006.

    Docket Numbers: ER05-1258-002.
    Applicants: Interstate Power and Light Company; Midwest Independent
Transmission System Operator, Inc.
    Description: Interstate Power & Light Co. et al, submits a revised
Large Generator Interconnection Agreement with FPL Energy Duane Arnold,
LLC in compliance with FERC's November 8, 2005 Order.
    Filed Date: February 27, 2006.
    Accession Number: 20060301-0008.
    Comment Date: 5 p.m. Eastern Time on Monday, March 20, 2006.

    Docket Numbers: ER04-230-023.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc. submits its
response to the Commission's January 26, 2006 letter Order.
    Filed Date: February 28, 2006.
    Accession Number: 20060228-5067.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 21, 2006.

    Docket Numbers: ER05-714-002.
    Applicants: Gexa Energy, LLC.
    Description: Gexa Energy, LLC submits its Amended FERC Rate
Schedule 1 and pursuant to Order 652 informs FERC of a change in
upstream ownership.
    Filed Date: February 27, 2006.
    Accession Number: 20060301-0030.
    Comment Date: 5 p.m. Eastern Time on Monday, March 20, 2006.

    Docket Numbers: ER05-1165-005.
    Applicants: South Carolina Electric & Gas Company.
    Description: South Carolina Electric & Gas Co. submits a revised
compliance refund report pursuant to the Commission's October 21, 2005
Order.
    Filed Date: February 7, 2006.
    Accession Number: 20060302-0017.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 16, 2006.

    Docket Numbers: ER05-1221-004.
    Applicants: Commonwealth Edison Company.
    Description: Commonwealth Edison Company submits a status report
and request for Commission to defer acting on its July 15, 2005
Transmission Interconnection Agreement.
    Filed Date: February 27, 2006.
    Accession Number: 20060227-5120.
    Comment Date: 5 p.m. Eastern Time on Monday, March 20, 2006.

    Docket Numbers: ER06-321-001.
    Applicants: Midwest Independent Transmission System Operator, Inc.;
Midwest ISO Transmission Owners; Michigan Electric Transmission
Company, LLC; International Transmission Company; WPS Resources
Corporation; Wisconsin Electric Power Company; Duke Energy Vermillion
LLC.
    Description: Midwest Independent Transmission System Operator, Inc.
et al submits a supplemental filing to its December 14, 2005 filing of
proposed revisions to Module D of its Open Access Transmission and
Energy Markets Tariff.
    Filed Date: February 27, 2006.
    Accession Number: 20060301-0031.
    Comment Date: 5 p.m. Eastern Time on Monday, March 20, 2006.

    Docket Numbers: ER06-470-001.
    Applicants: Alcoa Power Generating Inc. Tapoco Division.
    Description: Alcoa Power Generating Inc submits a clean and redline
version of Second Substitute Original Sheet 213 with FERC's directed
revision with an effective date of December 30, 2005.
    Filed Date: February 28, 2006.
    Accession Number: 20060303-0093.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 21, 2006

    Docket Numbers: ER06-507-001.
    Applicants: ISO New England Inc.; New England Participating
Transmission Owners; New England Power Pool.
    Description: ISO New England, Inc. et al submit amendments to
Substitute 1st Revised Sheet 5104 et al to FERC Electric Tariff 3
pursuant to Rule 1907 of FERC's Rules and Regulations Order 661 & 661-
A.
    Filed Date: February 27, 2006.
    Accession Number: 20060301-0035.
    Comment Date: 5 p.m. Eastern Time on Monday, March 20, 2006.

    Docket Numbers: ER06-676-000.
    Applicants: Mirant Energy Trading, LLC.
    Description: Mirant Energy Trading, LLC's notice of succession with
respect to the agent responsibility of Mirant Americas Energy
Marketing, LP under Mirant Kendall, LLC Cost-of-Service Reliability
Must Run Agreement.
    Filed Date: February 27, 2006.
    Accession Number: 20060301-0036.
    Comment Date: 5 p.m. Eastern Time on Monday, March 20, 2006.

    Docket Numbers: ER06-677-000.
    Applicants: Wisconsin Public Service Corporation.
    Description: Wisconsin Public Service Corp. submits the Annual
Formula Rate update for the post-employment benefits and post-
retirement benefits other than pensions.
    Filed Date: February 27, 2006.
    Accession Number: 20060301-0033.
    Comment Date: 5 p.m. Eastern Time on Monday, March 20, 2006.

    Docket Numbers: ER06-678-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, LLC submits two notices of
cancellation of its interim interconnection service agreement etc.
    Filed Date: February 27, 2006.
    Accession Number: 20060301-0032.
    Comment Date: 5 p.m. Eastern Time on Monday, March 20, 2006.

    Docket Numbers: ER06-680-000.
    Applicants: Northern Maine Independent System Administrator, Inc.
    Description: Northern Maine Independent System Administrator, Inc.
submits revisions to the NMISA FERC Electric Tariff, Original Volume 1
and to the NMISA First Revised Rate Schedule 2.
    Filed Date: February 27, 2006.
    Accession Number: 20060302-0053.
    Comment Date: 5 p.m. Eastern Time on Monday, March 20, 2006.

    Docket Numbers: ER06-681-000.
    Applicants: California Independent System Operator Corporation;
Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Co et al. submits Large
Generator Interconnection Agreement with the City and County of San
Francisco, State of California pursuant to Section 205(d) of Federal
Power Act etc.
    Filed Date: February 28, 2006.
    Accession Number: 20060302-0060.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 21, 2006.

    Docket Numbers: ER06-682-000.
    Applicants: Ocean State Power I; Ocean State Power II.
    Description: Ocean State Power et al. submit revisions to Ocean
State I's Rate Schedule FERC 1-4 and Ocean State II's Rate Schedule
FERC 5-8 to update its rate of return on equity.
    Filed Date: February 28, 2006.
    Accession Number: 20060302-0052.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 21, 2006.

    Docket Numbers: ER06-683-000.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corp's
Transmission submits its Access Charge Informational Filing for the
period July 1, 2005 through December 31, 2005.
    Filed Date: February 28, 2006.
    Accession Number: 20060302-0059.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 21, 2006.

    Docket Numbers: ER98-1150-004, -005, -006; EL05-87-000, -001.
    Applicants: Tucson Electric Power Company.
    Description: Tucson Electric Power Co responds to FERC's January
27, 2005 deficiency letter concerning a request for additional
information re simultaneous transmission import studies etc.

    Filed Date: February 27, 2006.
    Accession Number: 20060302-0073.
    Comment Date: 5 p.m. Eastern Time on Monday, March 20, 2006.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

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

Magalie R. Salas,
Secretary.
[FR Doc. E6-3489 Filed 3-10-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 159 (Wednesday, August 17, 2011)]
[Notices]
[Pages 51023-51024]
[FR Doc No: 2011-20896]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. ER11-4266-000]

Richland-Stryker Generation 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 proceeding of
Richland-Stryker Generation 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 August
30, 2011.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 10, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-20896 Filed 8-16-11; 8:45 am]
BILLING CODE 6717-01-P


describe the nature of the expertise. In determining whether a director
has expertise in cybersecurity, the registrant should consider, among
other things:
    (i) Whether the director has prior work experience in
cybersecurity, including, for example, prior experience as an
information security officer, security policy analyst, security
auditor, security architect or engineer, security operations or
incident response manager, or business continuity planner;
    (ii) Whether the director has obtained a certification or degree in
cybersecurity; and
    (iii) Whether the director has knowledge, skills, or other
background in cybersecurity, including, for example, in the areas of
security policy and governance, risk management, security assessment,
control evaluation, security architecture and engineering, security
operations, incident handling, or business continuity planning.
    (2) Safe harbor. (i) A person who is determined to have expertise
in cybersecurity will not be deemed an expert for any purpose,
including, without limitation, for purposes of Section 11 of the
Securities Act (15 U.S.C. 77k), as a result of being designated or
identified as a director with expertise in cybersecurity pursuant to
this Item 407(j).
    (ii) The designation or identification of a person as having
expertise in cybersecurity pursuant to this Item 407(j) does not impose
on such person any duties, obligations or liability that are greater
than the duties, obligations and liability imposed on such person as a
member of the board of directors in the absence of such designation or
identification.
    (iii) The designation or identification of a person as having
expertise in cybersecurity pursuant to this Item 407(j) does not affect
the duties, obligations, or liability of any other member of the board
of directors.
    (3) Structured Data Requirement. Provide the information required
by this Item in an Interactive Data File in accordance with Rule 405 of
Regulation S-T and the EDGAR Filer Manual.
* * * * *
    Instruction to Item 407(j): In the case of a foreign private issuer
with a two-tier board of directors, for purposes of paragraph (j) of
this Item, the term board of directors means the supervisory or non-
management board. In the case of a foreign private issuer meeting the
requirements of Sec.  240.10A-3(c)(3) of this chapter, for purposes of
paragraph (j) of this Item, the term board of directors means the
issuer's board of auditors (or similar body) or statutory auditors, as
applicable.
* * * * *
0
4. Amend Sec.  229.601 by revising (b)(101)(i)(C)(1) as follows:

Sec.  229.601  (Item 601) Exhibits.

* * * * *
    (b) * * *
    (101) * * *
    (i) * * *
    (C) * * *
    (1) Only when:
    (i) The Form 8-K contains audited annual financial statements that
are a revised version of financial statements that previously were
filed with the Commission and that have been revised pursuant to
applicable accounting standards to reflect the effects of certain
subsequent events, including a discontinued operation, a change in
reportable segments or a change in accounting principle. In such case,
the Interactive Data File will be required only as to such revised
financial statements regardless of whether the Form 8-K contains other
financial statements; or
    (ii) The Form 8-K includes disclosure required to be provided in an
Interactive Data File pursuant to Item 1.05(b) of Form 8-K;
* * * * *

PART 232--REGULATION S-T--GENERAL RULES AND REGULATIONS FOR
ELECTRONIC FILINGS

0
5. The general authority citation for part 232 continues to read as
follows:

    Authority: 15 U.S.C. 77c, 77f, 77g, 77h, 77j, 77s(a), 77z-3,
77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), 78w(a), 78ll, 80a-6(c),
80a-8, 80a-29, 80a-30, 80a-37, 7201 et seq.; and 18 U.S.C. 1350,
unless otherwise noted.

0
6. Amend Sec.  232.405 by adding paragraphs (b)(1)(iii) and (b)(4) to
read as follows:

Sec.  232.405   Interactive Data File submissions.

* * * * *
    (b) * * *
    (1) * * *
    (iii) The disclosure set forth in paragraph (4) of this section, as
applicable.
* * * * *
    (4) An Interactive Data File must consist of the disclosure
provided under 17 CFR 229 (Regulation S-K) and related provisions that
is required to be tagged, including, as applicable:
    (i) The cybersecurity information required by:
    (A) Item 106 of Regulation S-K (Sec.  229.106 of this chapter);
    (B) Item 407(j) of Regulation S-K (Sec.  229.407(j) of this
chapter);
    (C) Item 1.05 of Form 8-K (Sec.  249.308 of this chapter); and
    (D) Item 16J of Form 20-F (Sec.  249.220f of this chapter).
* * * * *

PART 239--FORMS PRESCRIBED UNDER THE SECURITIES ACT OF 1933

0
7. The authority citation for part 239 continues to read in part as
follows:

    Authority: 15 U.S.C. 77c, 77f, 77g, 77h, 77j, 77s, 77z-2, 77z-3,
77sss, 78c, 78l, 78m,78n, 78o(d), 78o-7 note, 78u-5, 78w(a), 78ll,
78mm, 80a-2(a), 80a-3, 80a-8, 80a-9, 80a-10, 80a-13, 80a-24, 80a-26,
80a-29, 80a-30, and 80a-37; and sec. 107, Pub. L. 112-106, 126 Stat.
312, unless otherwise noted.

0
8. Amend Sec.  239.13 by revising paragraph (a)(3)(ii) to read as
follows:

Sec.  239.13  Form S-3, for registration under the Securities Act of
1933 of securities of certain issuers offered pursuant to certain types
of transactions.

* * * * *
    (a) * * *
    (3) * * *
    (ii) Has filed in a timely manner all reports required to be filed
during the twelve calendar months and any portion of a month
immediately preceding the filing of the registration statement, other
than a report that is required solely pursuant to Item 1.01, 1.02,
1.05, 2.03, 2.04, 2.05, 2.06, 4.02(a), 6.01, 6.03 or 6.05 of Form 8-K
(Sec.  249.308 of this chapter). If the registrant has used (during the
twelve calendar months and any portion of a month immediately preceding
the filing of the registration statement) Sec.  240.12b-25(b) of this
chapter with respect to a report or a

portion of a report, that report or portion thereof has actually been
filed within the time period prescribed by that section; and
* * * * *
0
9. Amend Form S-3 (referenced in Sec.  239.13) by adding General
Instruction I.A.3(b) to read as follows:

    Note:  The text of Form S-3 does not, and this amendment will
not, appear in the Code of Federal Regulations.

FORM S-3

* * * * *

INFORMATION TO BE INCLUDED IN THE REPORT

* * * * *

General Instructions

I. Eligibility Requirements for Use of Form S-3

* * * * *

A. Registrant Requirements.

* * * * *
    3. * * *
    (a) * * *
    (b) has filed in a timely manner all reports required to be filed
during the twelve calendar months and any portion of a month
immediately preceding the filing of the registration statement, other
than a report that is required solely pursuant to Item 1.01, 1.02,
1.04, 1.05, 2.03, 2.04, 2.05, 2.06, 4.02(a) or 5.02(e) of Form 8-K
(Sec.  249.308 of this chapter). If the registrant has used (during the
twelve calendar months and any portion of a month immediately preceding
the filing of the registration statement) Rule 12b-25(b) (Sec.
240.12b-25(b) of this chapter) under the Exchange Act with respect to a
report or a portion of a report, that report or portion thereof has
actually been filed within the time period prescribed by that rule.
* * * * *
0
10. Amend Sec.  239.45 by revising paragraph (a)(2) to read as follows:

Sec.  239.45   Form SF-3, for registration under the Securities Act of
1933 for offerings of asset-backed issuers offered pursuant to certain
types of transactions.

* * * * *
    (a) * * *
    (2) To the extent the depositor or any issuing entity previously
established, directly or indirectly, by the depositor or any affiliate
of the depositor (as defined in Item 1101 of Regulation AB (17 CFR
229.1101)) is or was at any time during the twelve calendar months and
any portion of a month immediately preceding the filing of the
registration statement on this Form subject to the requirements of
section 12 or 15(d) of the Exchange Act (15 U.S.C. 78l or 78o(d)) with
respect to a class of asset-backed securities involving the same asset
class, such depositor and each such issuing entity must have filed all
material required to be filed regarding such asset-backed securities
pursuant to section 13 or 15(d) of the Exchange Act (15 U.S.C. 78m or
78o(d)) for such period (or such shorter period that each such entity
was required to file such materials). In addition, such material must
have been filed in a timely manner, other than a report that is
required solely pursuant to Item 1.01, 1.02, 1.05, 2.03, 2.04, 2.05,
2.06, 4.02(a), 6.01, or 6.03 of Form 8-K (17 CFR 249.308). If Sec.
240.12b-25(b) of this chapter was used during such period with respect
to a report or a portion of a report, that report or portion thereof
has actually been filed within the time period prescribed by Sec.
240.12b-25(b) of this chapter. Regarding an affiliated depositor that
became an affiliate as a result of a business combination transaction
during such period, the filing of any material prior to the business
combination transaction relating to asset-backed securities of an
issuing entity previously established, directly or indirectly, by such
affiliated depositor is excluded from this section, provided such
business combination transaction was not part of a plan or scheme to
evade the requirements of the Securities Act or the Exchange Act. See
the definition of ``affiliate'' in Sec.  230.405 of this chapter.
* * * * *
0
11. Amend Form SF-3 (referenced in Sec.  239.45) by revising General
Instruction I.A(2) to read as follows:

    Note:  The text of Form SF-3 does not, and this addition will
not, appear in the Code of Federal Regulations.

FORM SF-3

* * * * *

GENERAL INSTRUCTIONS

I. Eligibility Requirements for Use of Form SF-3

A.

    (2) To the extent the depositor or any issuing entity previously
established, directly or indirectly, by the depositor or any affiliate
of the depositor (as defined in Item 1101 of Regulation AB (17 CFR
229.1101)) is or was at any time during the twelve calendar months and
any portion of a month immediately preceding the filing of the
registration statement on this Form subject to the requirements of
section 12 or 15(d) of the Exchange Act (15 U.S.C. 78(l) or 78o(d))
with respect to a class of asset-backed securities involving the same
asset class, such depositor and each such issuing entity must have
filed all material required to be filed regarding such asset-backed
securities pursuant to section 13 or 15(d) of the Exchange Act (15
U.S.C. 78m or 78o(d)) for such period (or such shorter period that each
such entity was required to file such materials). In addition, such
material must have been filed in a timely manner, other than a report
that is required solely pursuant to Item 1.01, 1.02, 1.05, 2.03, 2.04,
2.05, 2.06, 4.02(a), 6.01, or 6.03 of Form 8-K (17 CFR 249.308). If
Rule 12b-25(b) (17 CFR 240.12b-25(b)) under the Exchange Act was used
during such period with respect to a report or a portion of a report,
that report or portion thereof has actually been filed within the time
period prescribed by that rule. Regarding an affiliated depositor that
became an affiliate as a result of a business combination transaction
during such period, the filing of any material prior to the business
combination transaction relating to asset-backed securities of an
issuing entity previously established, directly or indirectly, by such
affiliated depositor is excluded from this section, provided such
business combination transaction was not part of a plan or scheme to
evade the requirements of the Securities Act or the Exchange Act. See
the definition of ``affiliate'' in Securities Act Rule 405 (17 CFR
230.405).
* * * * *

PART 240--GENERAL RULES AND REGULATIONS, SECURITIES EXCHANGE ACT OF
1934

0
12. The authority citation for part 240 continues to read, in part, as
follows:

    Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3,
77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78c-3, 78c-5, 78d, 78e, 78f,
78g, 78i, 78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78n-1, 78o, 78o-4,
78o-10, 78p, 78q, 78q-1, 78s, 78u-5, 78w, 78x, 78dd, 78ll, 78mm,
80a-20, 80a-23, 80a-29, 80a-37, 80b-3, 80b-4, 80b-11, and 7201 et
seq., and 8302; 7 U.S.C. 2(c)(2)(E); 12 U.S.C. 5221(e)(3); 18 U.S.C.
1350; Pub. L. 111-203, 939A, 124 Stat. 1376 (2010); and Pub. L. 112-
106, sec. 503 and 602, 126 Stat. 326 (2012), unless otherwise noted.
* * * * *
    Section 240.15d-11 is also issued under secs. 3(a) and 306(a),
Pub. L. 107-204, 116 Stat. 745.
* * * * *
0
13. Amend Sec.  240.13a-11 by revising paragraph (c) to read as
follows:

Sec.  240. 13a-11   Current reports on Form 8-K (Sec.  249.308 of this
chapter).

* * * * *

    (c) No failure to file a report on Form 8-K that is required solely
pursuant to Item 1.01, 1.02, 1.05, 2.03, 2.04, 2.05, 2.06, 4.02(a),
5.02(e) or 6.03 of Form 8-K shall be deemed to be a violation of 15
U.S.C. 78j(b) and Sec.  240.10b-5.
0
14. Amend Sec.  240.15d-11 by revising paragraph (c) to read as
follows:

Sec.  240.15d-11   Current reports on Form 8-K (Sec.  249.308 of this
chapter).

* * * * *
    (c) No failure to file a report on Form 8-K that is required solely
pursuant to Item 1.01, 1.02, 1.05, 2.03, 2.04, 2.05, 2.06, 4.02(a),
5.02(e) or 6.03 of Form 8-K shall be deemed to be a violation of 15
U.S.C. 78j(b) and Sec.  240.10b-5.

PART 249--FORMS, SECURITIES EXCHANGE ACT OF 1934

0
15. The authority citation for part 249 continues to read, in part, as
follows:

    Authority:  15 U.S.C. 78a et seq. and 7201 et seq.; 12 U.S.C.
5461 et seq.; 18 U.S.C. 1350; Sec. 953(b), Pub. L. 111-203, 124
Stat. 1904; Sec. 102(a)(3), Pub. L. 112-106, 126 Stat. 309 (2012);
Sec. 107, Pub. L. 112-106, 126 Stat. 313 (2012), Sec. 72001, Pub. L.
114-94, 129 Stat. 1312 (2015), and secs. 2 and 3 Pub. L. 116-222,
134 Stat. 1063 (2020), unless otherwise noted.
* * * * *
    Section 249.220f is also issued under secs. 3(a), 202, 208, 302,
306(a), 401(a), 401(b), 406 and 407, Pub. L. 107-204, 116 Stat. 745,
and secs. 2 and 3, Pub. L. 116-222, 134 Stat. 1063.
* * * * *
    Section 249.308 is also issued under 15 U.S.C. 80a-29 and 80a-
37.
    Section 249.308a is also issued under secs. 3(a) and 302, Pub.
L. 107-204, 116 Stat. 745.
* * * * *
    Section 249.310 is also issued under secs. 3(a), 202, 208, 302,
406 and 407, Pub. L. 107-204, 116 Stat. 745.
* * * * *
0
16. Amend Form 20-F (referenced in Sec.  249.220f) by adding Item 16J
to read as follows:

    Note:  The text of Form 20-F does not, and these amendments will
not, appear in the Code of Federal Regulations.

FORM 20-F

* * * * *

PART II

* * * * *

Item 16J. Cybersecurity

    (a) Definitions. For purposes of this section:
    (1) Cybersecurity incident means an unauthorized occurrence on or
conducted through a registrant's information systems that jeopardizes
the confidentiality, integrity, or availability of a registrant's
information systems or any information residing therein.
    (2) Cybersecurity threat means any potential occurrence that may
result in, an unauthorized effort to adversely affect the
confidentiality, integrity or availability of a registrant's
information systems or any information residing therein.
    (3) Information systems means information resources, owned or used
by the registrant, including physical or virtual infrastructure
controlled by such information resources, or components thereof,
organized for the collection, processing, maintenance, use, sharing,
dissemination, or disposition of the registrant's information to
maintain or support the registrant's operations.
    (b) Risk management and strategy.
    (1) Disclose in such detail as necessary to adequately describe the
registrant's policies and procedures, if it has any, for the
identification and management of risks from cybersecurity threats,
including, but not limited to: Operational risk (i.e., disruption of
business operations); intellectual property theft; fraud; extortion;
harm to employees or customers; violation of privacy laws and other
litigation and legal risk; and reputational risk. Disclosure under this
section should include, as applicable, a discussion of whether:
    (i) The registrant has a cybersecurity risk assessment program, and
if so, provide a description of such program;
    (ii) The registrant engages assessors, consultants, auditors, or
other third parties in connection with any cybersecurity risk
assessment program;
    (iii) The registrant has policies and procedures to oversee and
identify the cybersecurity risks associated with its use of any third-
party service provider, including, but not limited to, those providers
that have access to or have information about the registrant's customer
and employee data. If so, the registrant shall describe these policies
and procedures, including whether and how cybersecurity considerations
affect the selection and oversight of these providers and contractual
and other mechanisms the company uses to mitigate cybersecurity risks
related to these providers;
    (iv) The registrant undertakes activities to prevent, detect, and
minimize effects of cybersecurity incidents, and if so, provide a
description of the types of activities undertaken;
    (v) The registrant has business continuity, contingency, and
recovery plans in the event of a cybersecurity incident;
    (vi) Previous cybersecurity incidents informed changes in the
registrant's governance, policies and procedures, or technologies;
    (vii) Cybersecurity related risks and previous cybersecurity
related incidents have affected or are reasonably likely to affect the
registrant's strategy, business model, results of operations, or
financial condition and if so, how; and
    (viii) Cybersecurity risks are considered as part of the
registrant's business strategy, financial planning, and capital
allocation, and if so, how.
    (c) Governance.
    (1) Describe the board's oversight of cybersecurity risk, including
the following as applicable:
    (i) Whether the entire board, specific board members, or a board
committee is responsible for the oversight of cybersecurity risks;
    (ii) The processes by which the board is informed about
cybersecurity risks, and the frequency of its discussions on this
topic; and
    (iii) Whether and how the board or board committee considers
cybersecurity risks as part of its business strategy, risk management,
and financial oversight.
    (2) Describe management's role in assessing and managing
cybersecurity related risks, as well as its role in implementing the
registrant's cybersecurity policies, procedures, and strategies. The
description should include, but not be limited to, the following
information:
    (i) Whether certain management positions or committees are
responsible for measuring and managing cybersecurity risk, specifically
the prevention, mitigation, detection, and remediation of cybersecurity
incidents, and the relevant expertise of such persons or members in
such detail as necessary to fully describe the nature of the expertise;
    (ii) Whether the registrant has a designated chief information
security officer, or someone in a comparable position, and if so, to
whom that individual reports within the registrant's organizational
chart, and the relevant expertise of any such person in such detail as
necessary to fully describe the nature of the expertise;
    (iii) The processes by which such persons or committees are
informed about and monitor the prevention, mitigation, detection, and
remediation of cybersecurity incidents; and
    (iv) Whether and how frequently such persons or committees report
to the board of directors or a committee of the board of directors on
cybersecurity risk.

Instructions to Item 16J(c)

    1. In the case of a foreign private issuer with a two-tier board of
directors, for purposes of paragraph (c) of this Item, the term board
of directors means the supervisory or non-management board. In the case
of a foreign private issuer meeting the requirements of Sec.  240.10A-
3(c)(3) of this chapter, for purposes of paragraph (c) of this Item,
the term board of directors means the issuer's board of auditors (or
similar body) or statutory auditors, as applicable.
    2. Relevant experience of management in Item 16J(c)(2)(i) and (ii)
may include, for example: Prior work experience in cybersecurity; any
relevant degrees or certifications; any knowledge, skills, or other
background in cybersecurity.
    (d) Updated incident disclosure.
    (1) If the registrant has previously provided disclosure regarding
one or more cybersecurity incidents pursuant to Form 6-K, the
registrant must disclose any material changes, additions, or updates
regarding such incident that occurred during the reporting period. The
description should also include, as applicable, but not limited to, the
following information:
    (i) Any material effect of the incident on the registrant's
operations and financial condition;
    (ii) Any potential material future impacts on the registrant's
operations and financial condition;
    (iii) Whether the registrant has remediated or is currently
remediating the incident; and
    (iv) Any changes in the registrant's policies and procedures as a
result of the cybersecurity incident, and how the incident may have
informed such changes.
    (2) The registrant should provide the following disclosure to the
extent known to management regarding any previously undisclosed
material cybersecurity incidents that have occurred during the
reporting period, including a series of individually immaterial
cybersecurity incidents that have become material in the aggregate:
    (i) A general description of when the incidents were discovered and
whether they are ongoing;
    (ii) A brief description of the nature and scope of the incidents;
    (iii) Whether any data was stolen or altered in connection with the
incidents;
    (iv) The effect of the incidents on the registrant's operations;
and
    (v) Whether the registrant has remediated or is currently
remediating the incidents.
    (e) Cybersecurity expertise.
    (1) If any member of the registrant's board of directors has
expertise in cybersecurity, disclose the name(s) of any such
director(s), and provide such detail as necessary to fully describe the
nature of the expertise. In determining whether a director has
expertise in cybersecurity, the registrant should consider, among other
things:
    (i) Whether the director has prior work experience in
cybersecurity, including, for example, prior experience as an
information security officer, security policy analyst, security
auditor, security architect or engineer, security operations or
incident response manager, or business continuity planner;
    (ii) Whether the director has obtained a certification or degree in
cybersecurity; and
    (iii) Whether the director has knowledge, skills, or other
background in cybersecurity, including, for example, in the areas of
security policy and governance, risk management, security assessment,
control evaluation, security architecture and engineering, security
operations, incident handling, or business continuity planning.
    (2) Safe harbor.
    (i) A person who is determined to have expertise in cybersecurity
will not be deemed an expert for any purpose, including, without
limitation, for purposes of Section 11 of the Securities Act (15 U.S.C.
77k), as a result of being designated or identified as a director with
expertise in cybersecurity pursuant to this Item 16J.
    (ii) The designation or identification of a person as having
expertise in cybersecurity pursuant to this Item 16J does not impose on
such person any duties, obligations or liability that are greater than
the duties, obligations and liability imposed on such person as a
member of the board of directors in the absence of such designation or
identification.
    (iii) The designation or identification of a person as having
expertise in cybersecurity pursuant to this Item 16J does not affect
the duties, obligations or liability of any other member of the board
of directors.
    (f) Structured Data Requirement. Provide the information required
by this Item in an Interactive Data File in accordance with Rule 405 of
Regulation S-T and the EDGAR Filer Manual.
    Instruction to Item 16J. Item 16J applies only to annual reports,
and does not apply to registration statements on Form 20-F.
* * * * *
0
17. Amend Form 6-K (referenced in Sec.  249.306) by adding the phrase
``cybersecurity incident'' before the phrase ``and any other
information which the registrant deems of material importance to
security holders.'' in the second paragraph of General Instruction B.
0
18. Amend Form 8-K (referenced in Sec.  249.308) by:
0
a. Revising General Instruction B.1.; and
0
b. Adding Item 1.05.
    The revision and addition read as follows:

    Note: The text of Form 8-K does not, and this addition will not,
appear in the Code of Federal Regulations.

FORM 8-K

* * * * *

GENERAL INSTRUCTIONS

* * * * *

Instruction B. Events To Be Reported and Time for Filing of Reports

    1. A report on this form is required to be filed or furnished, as
applicable, upon the occurrence of any one or more of the events
specified in the items in Sections 1 through 6 and 9 of this form.
Unless otherwise specified, a report is to be filed or furnished within
four business days after occurrence of the event. If the event occurs
on a Saturday, Sunday or holiday on which the Commission is not open
for business, then the four business day period shall begin to run on,
and include, the first business day thereafter. A registrant either
furnishing a report on this form under Item 7.01 (Regulation FD
Disclosure) or electing to file a report on this form under Item 8.01
(Other Events) solely to satisfy its obligations under Regulation FD
(17 CFR 243.100 and 243.101) must furnish such report or make such
filing, as applicable, in accordance with the requirements of Rule
100(a) of Regulation FD (17 CFR 243.100(a)), including the deadline for
furnishing or filing such report. A report pursuant to Item 5.08 is to
be filed within four business days after the registrant determines the
anticipated meeting date. A report pursuant to Item 1.05 is to be filed
within four business days after the registrant determines that it has
experienced a material cybersecurity incident.
* * * * *

Item 1.05 Cybersecurity Incidents

    (a) If the registrant experiences a cybersecurity incident that is
determined by the registrant to be material, disclose the following
information to the extent known to the registrant at the time of
filing:

    (1) When the incident was discovered and whether it is ongoing;
    (2) A brief description of the nature and scope of the incident;
    (3) Whether any data was stolen, altered, accessed, or used for any
other unauthorized purpose;
    (4) The effect of the incident on the registrant's operations; and
    (5) Whether the registrant has remediated or is currently
remediating the incident.
    (b) A registrant shall provide the information required by this
Item in an Interactive Data File in accordance with Rule 405 of
Regulation S-T and the EDGAR Filer Manual.

Instructions to Item 1.05

    1. A registrant shall make a materiality determination regarding a
cybersecurity incident as soon as reasonably practicable after
discovery of the incident.
    2. Disclosure of any material changes or updates to information
disclosed pursuant to this Item 1.05 is required pursuant to Sec.
229.106(d) [Item 106(d) of Regulation S-K] in the registrant's
quarterly report filed with the Commission on Form 10-Q (17 CFR
249.308a) or annual report filed with the Commission on Form 10-K (17
CFR 249.310) for the period (the registrant's fourth fiscal quarter in
the case of an annual report) in which the change, addition, or update
occurred.
    3. The definition of the term ``cybersecurity incident'' in Sec.
229.106(a) [Item 106(a) of Regulation S-K] shall apply to this Item.
* * * * *
0
19. Amend Form 10-Q (referenced in Sec.  249.308(a) by:
0
a. Redesignating Item 5(b) as Item 5(c); and
0
b. Adding new Item 5(b) to read as follows:

    Note:  The text of Form 10-Q does not, and these amendments will
not, appear in the Code of Federal Regulations.

FORM 10-Q

* * * * *

PART II--OTHER INFORMATION

* * * * *

Item 5. Other Information

* * * * *
    (b) Furnish the information required by Item 106(d) of Regulation
S-K (Sec.  229.106(d) of this chapter).
* * * * *
0
20. Amend Form 10-K (referenced in Sec.  249.310) by:
0
a. Adding Item 1.C to Part I; and
0
b. Revising Item 10 in Part III.
    The addition and revision read as follows:

    Note:  The text of Form 10-K does not, and these amendments will
not, appear in the Code of Federal Regulations.

FORM 10-K

* * * * *

PART I

* * * * *

Item 1.C. Cybersecurity

    (a) Furnish the information required by Item 106 of Regulation S-K
(Sec.  229.106 of this chapter).
    (b) An asset-backed issuer as defined in Item 1101 of Regulation AB
(Sec.  229.1101 of this chapter) that does not have any executive
officers or directors may omit the information required by Item 106(c)
of Regulation S-K (Sec.  229.106(c) of this chapter).
* * * * *
    Item 10. Directors, Executive Officers and Corporate Governance.
Furnish the information required by Items 401, 405, 406, and 407(c)(3),
(d)(4), (d)(5), and (j) of Regulation S-K (Sec. Sec.  229.401, 229.405,
229.406, and 229.407(c)(3), (d)(4), (d)(5), and (j) of this chapter).
* * * * *

    By the Commission.

    Dated: March 9, 2022.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2022-05480 Filed 3-22-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Proposed Rules]
[Pages 92747-92749]
[FR Doc No: 2016-30027]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9500; Directorate Identifier 2016-NM-140-AD]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Dassault Aviation Model FAN JET FALCON, Model MYSTERE-FALCON 20-C5, 20-
D5, 20-E5, and 20-F5 airplanes. This proposed AD was prompted by
reports of defective fire extinguisher tubes. This proposed AD would
require replacement of the affected fire extinguisher tubes with
improved fire extinguisher tubes. We are proposing this AD to address
the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by February 3,
2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Dassault
Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South
Hackensack, NJ 07606; telephone:<PHONE_NUMBER>; Internet: http://www.dassaultfalcon.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9500; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-9500;
Directorate Identifier 2016-NM-140-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2016-0154, dated July 28, 2016 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for all Dassault Aviation Model FAN JET FALCON, Model
MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes. The MCAI
states:

Several defective extinguisher tubes have been found on certain
Dassault Aviation Fan Jet Falcon aeroplanes. The results of the
investigations concluded that these occurrences were caused by
corrosion.
This condition, if not corrected, could impact the capability to
extinguish a fire in the rear compartment of the aeroplane, possibly
resulting in damage to the aeroplane and injury to the occupants.
For the reason described above, this [EASA] AD requires the
replacement of the affected tubes with improved fire extinguisher
tube. In addition, this [EASA] AD prohibits (re)installation of the
affected fire extinguisher tubes on an aeroplane.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9500.

Related Service Information Under 1 CFR Part 51

    We reviewed Dassault Service Bulletin F20-790, dated September 14,
2016. This service information describes procedures for the replacement
of affected fire extinguisher tubes with improved fire extinguisher
tubes. This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Costs of Compliance

    We estimate that this proposed AD affects 133 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Fire Extinguisher tube replacement....  3 work-hours x $85 per            $3,100          $3,355        $446,215
                                         hour = $255.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII,

Part A, Subpart III, Section 44701: General requirements.'' Under that
section, Congress charges the FAA with promoting safe flight of civil
aircraft in air commerce by prescribing regulations for practices,
methods, and procedures the Administrator finds necessary for safety in
air commerce. This regulation is within the scope of that authority
because it addresses an unsafe condition that is likely to exist or
develop on products identified in this rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Dassault Aviation: Docket No. FAA-2016-9500; Directorate Identifier
2016-NM-140-AD.

(a) Comments Due Date

    We must receive comments by February 3, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Dassault Aviation Model FAN JET FALCON,
Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes,
certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire
protection.

(e) Reason

    This AD was prompted by reports of defective fire extinguisher
tubes. We are issuing this AD to prevent fire extinguisher failure.
Such a failure could result in the inability to extinguish a fire in
the rear compartment, and possible damage to the airplane and injury
to the occupants.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Fire Extinguisher Tubes Replacement

    Within 450 flight cycles after the effective date of this AD,
replace each affected hose, part numbers (P/N) MY20791-121 and P/N
MY20791-122, with a serviceable hose, P/N MY20791-121-1 or MY20791-
122-1, as applicable, in accordance with the Accomplishment
Instructions of Dassault Service Bulletin F20-790, dated September
14, 2016.

(h) Parts Installation Prohibition

    No person may install a fire extinguisher tube, P/N MY20791-121
or P/N MY20791-122, on any airplane, as of the applicable time
specified in paragraph (h)(1) or (h)(2) of this AD.
    (1) For an airplane equipped with an affected fire extinguisher
tube as of the effective date of this AD: After modification of that
airplane as required by paragraph (g) of this AD.
    (2) For an airplane that is not equipped with an affected fire
extinguisher tube as of the effective date of this AD: As of the
effective date of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the International
Branch, send it to ATTN: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone: 425-227-
1137; fax:<PHONE_NUMBER>. Information may be emailed to<EMAIL_ADDRESS>Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Dassault Aviation's EASA
Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2016-0154, dated July 28, 2016, for related
information. This MCAI may be found in the AD docket on the Internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2016-9500.
    (2) For service information identified in this AD, contact
Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000,
South Hackensack, NJ 07606; telephone:<PHONE_NUMBER>; Internet:
http://www.dassaultfalcon.com. You may view this service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on December 6, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-30027 Filed 12-19-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 89 (Tuesday, May 8, 2012)]
[Notices]
[Pages 27057-27059]
[FR Doc No: 2012-11048]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2012-0217; FRL-9669-1]

Request for Nominations of Drinking Water Contaminants for the
Fourth Contaminant Candidate List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice and request for public comment.

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

SUMMARY: The U.S. Environmental Protection Agency (EPA) is requesting
nominations of chemical and microbial contaminants for possible
inclusion in the fourth drinking water Contaminant Candidate List (CCL
4). EPA is also requesting supporting information that has been made
available since the development of the third CCL (CCL 3), or existing
information that was not considered for CCL 3, which shows that the
nominated contaminant may have an adverse health effect on people and
occurs or is likely to occur in public water systems.

DATES: Nominations must be received on or before June 22, 2012.

ADDRESSES: Submit your nominations by one of the following methods:
     To the CCL 4 Nominations Web site: http://water.epa.gov/scitech/drinkingwater/dws/ccl/ccl4.cfm by following the on-line
instructions for submitting nominations.
     Mail: Water Docket, U.S. Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
Identify your nominations by Docket ID No. EPA-HQ-OW-2012-0217.
     Hand Delivery: Water Docket, U.S. EPA Docket Center (EPA/
DC). Such deliveries are only accepted during the Docket's normal hours
of operation, and special arrangements should be made for deliveries of
boxed information. The EPA Docket Center, Water Docket is located in
Room 3334, 1301 Constitution Ave. NW., Washington, DC 20004. The
telephone number for the Water Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For general information contact the
EPA Safe Drinking Water Hotline at<PHONE_NUMBER> or email<EMAIL_ADDRESS>For technical questions about this notice and/or inquires
regarding EPA's CCL 4 Nominations Web site, please contact Clifton
Townsend, Standards and Risk Management Division, Office of Ground
Water and Drinking Water, U.S. Environmental Protection Agency, 1200
Pennsylvania Ave. NW., MC:4607M, Washington, DC 20460; telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This notice does not impose any requirements on anyone; it only
requests drinking water contaminant candidate nominations and provides
information on how the public can submit nominations to the agency.

B. How can I get copies of this document and other related information?

    1. Docket. EPA has established a docket for this action under
Docket ID No. EPA-HQ-OW-2012-0217. Publicly available docket materials
are available either electronically through www.regulations.gov or in
hard copy at the Water Docket in the EPA Docket Center (see ADDRESSES
section)
    2. Electronic Access. You may access this Federal Register document
electronically through the EPA Web site under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/.

II. Background

A. What is the CCL?

    The CCL is a list of contaminants that are currently not subject to
any proposed or promulgated national primary drinking water
regulations, that are known or anticipated to occur in public water
systems, and which may require regulation under the Safe Drinking Water
Act (SDWA). EPA uses this list of unregulated contaminants to help the
agency determine whether it should regulate a specific contaminant and
to prioritize research and data collection efforts. SDWA requires that
EPA publish the CCL every five years (SWDA Section 1412(b)(1)). EPA is
also required to consult with the scientific community and provide
notice and opportunity for public comment prior to publication of the
CCL.
    SDWA also requires EPA to determine whether to regulate at least
five contaminants from the CCL every five years (SWDA Section
1412(b)(1)) with a national primary drinking water regulation (NPDWR).
In making a determination to regulate a contaminant, SDWA specifies
that three criteria must be met:
    1. The contaminant may have an adverse effect on the health of
persons;
    2. The contaminant is known to occur or there is a substantial
likelihood that the contaminant will occur in public water systems with
a frequency and at levels of public health concern; and
    3. In the sole judgment of the Administrator, regulation of such
contaminant presents a meaningful opportunity for health risk reduction
for persons served by public water systems.

B. How did EPA develop previous contaminant candidate lists?

    EPA published the first CCL (CCL 1), which contained 60 chemical
and microbiological contaminants, on March 2, 1998 (63 FR 10273). EPA
consulted with the scientific community and the National Drinking Water
Advisory Council (NDWAC) on the process used to develop CCL 1. Based on
the NDWAC recommendations, the agency developed and used screening and
evaluation criteria to identify the list of chemical contaminants for
CCL 1. For microbiological contaminants, the agency followed the NDWAC
recommendations and sought external expertise to identify and select
potential waterborne pathogens. The agency convened a workshop of
microbiologists and public health experts who developed criteria for
screening and

evaluation and subsequently developed an initial list of potential
microbiological contaminants. On July 18, 2003 (68 FR 42897), EPA
announced its final regulatory determination for 9 of the 60
contaminants listed on CCL 1 and concluded that sufficient data and
information were available to make the determination not to regulate
these 9 contaminants (8 chemicals and 1 microbial) with an NPDWR.
    EPA published the second CCL (CCL 2) on February 24, 2005 (70 FR
9071), and carried forward the remaining 51 chemical and microbial
contaminants listed on CCL 1. On July 30, 2008 (73 FR 44251), EPA
announced its final regulatory determination for 11 of the 51
contaminants listed on CCL 2 and concluded that sufficient data and
information were available to make the determination not to regulate
these 11 contaminants with an NPDWR.
    EPA published the third CCL (CCL 3), which listed 116 contaminants,
on October 8, 2009 (74 FR 51850). In developing CCL 3, EPA improved and
built upon the process that was used for CCL 1 and CCL 2. EPA based the
new CCL 3 process on substantial expert input and recommendations from
the National Academy of Science's (NAS) National Research Council (NRC)
and the National Drinking Water Advisory Council (NDWAC) as well as
input from the public. Based on these consultations and input, EPA
developed a multi-step process to select candidates for the final CCL
3, which included the following key steps:
    (a) Identification of a broad universe of ~7,500 potential drinking
water contaminants (the CCL 3 Universe);
    (b) screening the CCL 3 Universe to a preliminary CCL (PCCL) of
~600 contaminants based on the potential to occur in public water
systems and the potential for public health concern; and
    (c) evaluation of the PCCL contaminants based on a more detailed
review of the occurrence and health effects data to identify a final
list of 116 CCL 3 contaminants.
    A complete summary of the key steps used to identify contaminants
for CCL 3 and a more detailed discussion of the analyses and decisions
made to develop the final CCL 3 can be found in the draft and final CCL
3 Federal Register notices (73 FR 9628, February 21, 2008, and 74 FR
51850, October 8, 2009, respectively) and related supporting documents.
More information can also be found on the CCL 3 Web site: http://water.epa.gov/scitech/drinkingwater/dws/ccl/ccl3.cfm.
    The agency is currently in the process of further evaluating CCL 3
contaminants to determine whether any of these contaminants require
regulation with an NPDWR.

C. What data sources did EPA use to identify contaminants for the CCL
3?

    A complete summary of how EPA evaluated data sources to identify
chemical contaminants for the CCL 3 can be found in the draft and final
CCL 3 Federal Register notices (73 FR 9628, February 21, 2008, and 74
FR 51850, October 8, 2009, respectively). A list of the data sources
used to evaluate contaminants for the CCL 3 as well as a more detailed
summary of the process EPA used to evaluate data sources can be found
in the CCL 3 support document (Contaminant Candidate List 3 Chemicals:
Identifying the Universe (EPA 815-R-09-006)). These documents can be
found on the Web at: http://water.epa.gov/scitech/drinkingwater/dws/ccl/ccl3_processflowdiagram.cfm or in the CCL 3 docket (docket number
EPA-HQ-OW-2007-1189) at www.regulations.gov.
    A summary of how EPA evaluated data sources to identify microbial
contaminants for CCL 3 can be found in the draft and final CCL 3
Federal Register notices (73 FR 9628, February 21, 2008, and 74 FR
51850, October 8, 2009, respectively), as well as the CCL 3 support
document, Contaminant Candidate List 3 Microbes: Identifying the
Universe (EPA 815-R-R-09-004), which can be found on the Web at: http://water.epa.gov/scitech/drinkingwater/dws/ccl/upload/CCL3MicrobesUniverse_7_22_09.pdf or in the CCL 3 docket (docket
number EPA-HQ-OW-2007-1189) at www.regulations.gov.
    EPA will use the nominations process to ensure that the CCL 4
process captures emerging chemicals and pathogens.

D. Why is EPA soliciting contaminant nominations?

    EPA is requesting contaminant nominations from the public to ensure
that contaminants that may not be identified for consideration as part
of the CCL process are considered.
    While NAS and NDWAC recommended that the CCL be a data driven,
step-wise approach to classifying contaminants, these experts also
recognized the importance of providing an additional pathway for the
public to identify new and emerging contaminants that may not be
identified in an evaluation of the data sources. A public nominations
process allows the agency to consider new and emerging contaminants
that might not otherwise be considered because new information has not
been widely reported or recorded.
    Following the recommendations of NAS and NDWAC, the agency
implemented a process to screen and identify contaminants for inclusion
in the CCL 3. The nominated contaminants will be considered as EPA
evaluates contaminants for inclusion on the CCL 4.

III. EPA CCL Nominations Process

    This contaminant nominations process is the first opportunity to
make nominations to the CCL 4. The agency will also accept nominations
during the notice and comment period following EPA's publication of the
draft CCL 4.

A. How can stakeholders, other agencies, industry and the public
nominate contaminants for the CCL 4?

    EPA's preferred method for submission of contaminant nominations is
through the EPA CCL 4 Nomination Web site. Interested parties can also
nominate chemicals, microbes or other materials for consideration on
the new CCL by sending information electronically or in hard copy to
EPA. Do not submit confidential business information (CBI) through
email. If you wish to submit CBI, first contact EPA (see FOR FURTHER
INFORMATION CONTACT section) for instructions on how to submit CBI.
When submitting a nomination, it is preferred that the nominators
include a name, affiliation, phone number, mailing address, and email
address; however, this information is not required and nominations can
be submitted anonymously. The nominator should also address the
following questions for each contaminant nominated to the CCL:
    1. What is the contaminant's name, CAS number, and/or common
synonym (if applicable)?
    2. What factors make this contaminant a priority for the CCL 4
process (e.g., widespread occurrence; anticipated toxicity to humans;
potentially harmful effects to susceptible populations (e.g., children,
elderly or immunocompromised); potentially contaminated source water
(surface or ground water) and/or finished water; release to air, land
and/or water; contaminant is manufactured in large quantities with a
potential to occur in source waters)?
    3. What are the new significant health effects and occurrence data
that are available since CCL 3, or existing information that was not
considered in CCL 3, which you believe supports the CCL requirement(s)
that a contaminant may have an adverse effect on the health

of persons and is known or anticipated to occur in public water
systems?
    4. Please provide complete citations, including author(s), title,
journal and date. Contact information for the primary investigator
would also be helpful.

B. How do I submit nominations through EPA's nominations Web site?

    The Web site is designed to provide key information to the agency,
as described in Section III.A of this notice, for each contaminant
nominated to the CCL process.
    The Web address where you can nominate a contaminant is http://water.epa.gov/scitech/drinkingwater/dws/ccl/ccl4.cfm

C. How do I submit nominations in hard copy?

    You may submit nominations through the mail. To allow full agency
consideration of your nomination, please ensure that your nominations
are received or postmarked by midnight June 22, 2012. The addresses for
submittal of nominations by mail are listed in the ADDRESSES section of
this document.

D. What will happen to my nominations after I submit them?

    The agency will evaluate the information available for the
nominated contaminants to determine the appropriateness of inclusion on
the CCL 4. EPA does not intend to respond to the nominations directly
or individually. The agency will publish a document summarizing the
nominations received along with the draft CCL 4 list.

IV. References

    Copies of these documents are found at www.regulations.gov, Docket
ID No. EPA-OW-2012-0217.

NAS 2001. National Academy of Sciences, National Research Council.
2001. Classifying Drinking Water Contaminants for Regulatory
Consideration. National Academy Press. Washington, DC. Available at
http://books.nap.edu/books/0309074088/html/index.html.
NDWAC 2004. National Drinking Water Advisory Council. National
Drinking Water Advisory Council Report on the CCL Classification
Process to the U.S. Environmental Protection Agency, May 18, 2004.
Available at http://www.epa.gov/safewater/ndwac/pdfs/report_ccl_ndwac_07-06-04.pdf.
USEPA. 2008. Drinking Water Contaminant Candidate List 3--Draft
Notice. Federal Register. Vol, 73. No 35. p. 9628. February 21,
2008.
USEPA. 2009a. SAB Advisory on EPA's Draft Third Drinking Water
Contaminant List (CCL 3). EPA-SAB-09-011. January 2009. http://yosemite.epa.gov/sab/sabproduct.nsf/WebProjectsbyNameBOARD!OpenView.
USEPA. 2009b. Summary of Nominations for the Third Contaminants
Candidate List. EPA 815-R-09-011. Final. August, 2009.
USEPA. 2009c. Final Contaminant Candidate List 3 Chemicals:
Identifying the Universe. EPA. 815-R-09-006. August, 2009.
USEPA. 2009d. Final Contaminant Candidate List 3 Microbes:
Identifying the Universe. EPA. 815-R-09-004. August, 2009.

    Dated: April 27, 2012.
Nancy K. Stoner,
Acting Assistant Administrator, Office of Water.
[FR Doc. 2012-11048 Filed 5-7-12; 8:45 am]
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