[Federal Register Volume 77, Number 59 (Tuesday, March 27, 2012)]
[Notices]
[Pages 18283-18287]
[FR Doc No: 2012-7276]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66635; File No. SR-NSCC-2012-04]

Self-Regulatory Organizations; The National Securities Clearing
Corporation; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Amend Rule 53 of Its Rules and Procedures Relating to
the Alternative Investment Product Services To Standardize and Automate
the Method by Which Registered AIP Broker-Dealer Members Meet Their
Good Control Location Obligations for Uncertificated Securities

March 21, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on March 7, 2012, the
National Securities Clearing Corporation (``NSCC'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change described in Items I and II below, which Items have been
prepared primarily by NSCC. NSCC filed the proposal pursuant to Section
19(b)(3)(A)(iii) \2\ of the Act, and Rule 19b-4(f)(4)(i) \3\ thereunder
so that the proposal was effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the rule
change from interested parties.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \3\ 17 CFR 240.19b-4(f)(4)(i).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NSCC proposes to amend Rule 53 of its Rules and Procedures with
respect to its Alternative Investment Product Services (``AIP''). The
proposed rule change is intended to standardize and automate the method
by which registered AIP broker-dealer members meet their possession or
control obligations for uncertificated securities under Commission Rule
15c3-3(b)(1) \4\ when they designate another AIP Member as a ``good
control location.''
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    \4\ 17 CFR 240.15c3-3(b)(1).
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

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

may be examined at the places specified in Item IV below. NSCC has
prepared summaries, set forth in sections (A), (B), and (C) below, of
the most significant aspects of these statements.\5\
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    \5\ The Commission has modified the text of the summaries
prepared by NSCC.
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(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    NSCC proposes to amend Rule 53 of its Rules and Procedures. The
purpose of the proposed rule change is to standardize and automate the
method by which registered AIP broker-dealer members (collectively
``AIP Distributors'') meet their possession or control obligations for
uncertificated securities under Rule 15c3-3(b)(1) \6\ of the Act when
they designate another AIP Member, which acts on behalf of or under
authority of the sponsor, general partner, or any other party
responsible for the creation or manufacturing of a participating AIP
investment product (collectively ``AIP Manufacturers'') as a ``good
control location,'' as more specifically provided below.
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    \6\ 17 CFR 240.15c3-3(b)(1).
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``Good Control Location'' Background
    Commission registered broker-dealers that hold securities for the
accounts of their customers are required to maintain physical
possession or control of all customer fully-paid and excess margin
securities under Rule 15c3-3(b)(1) \7\ of the Act. The possession or
control requirement means that registered broker-dealers must have
securities in their physical possession or in their name for the
benefit of their customers at one of the several ``control locations''
identified by Rule 15c3-3(c) \8\ of the Act. Because uncertificated
securities cannot be physically held in a broker-dealer's possession,
the broker-dealer must establish that the uncertificated securities are
lodged in what are generally referred to as ``good control locations.''
Under the Commission's rule, good control locations include registered
securities clearing agencies,\9\ U.S. banks,\10\ certain designated
foreign financial institutions,\11\ and ``such other locations as the
Commission shall upon application from a broker or dealer find and
designate to be adequate for the protection of customer securities.''
\12\
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    \7\ 17 CFR 240.15c3-3(b)(1).
    \8\ 17 CFR 240.15c3-3(b)(1).
    \9\ 17 CFR 240.15c3-3(c)(1).
    \10\ 17 CFR 240.15c3-3(c)(5).
    \11\ 17 CFR 240.15c3-3(c)(4).
    \12\ 17 CFR 240.15c3-3(c)(7).
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    The Commission staff has issued letters that allowed broker-dealers
to use certain entities, which were obligated to create and maintain
the ownership records with respect to such uncertificated securities as
good control locations for uncertificated securities subject to certain
conditions.\13\ The conditions outlined in these letters have generally
included the broker-dealers' receipt of certain assurances and
representations from the securities' record keeper, which assurances
and representations have come to be known as the ``No Lien
Assurances.'' \14\
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    \13\ See, e.g.,Wayne Hummer & Co., SEC No-Action Letter, 1986 WL
65387 (SEC) (publicly avail. Apr. 8, 1986); Letter from Marc J.
Hertzberg, Division of Market Regulation, to Brandon Becker, Wilmer,
Cutler & Pickering (July 30, 1997); Letter from Mark M. Attar,
Division of Market Regulation, SEC, to Brandon Becker, Wilmer,
Cutler & Pickering (Sept. 17, 1999); Letter from Bonnie L. Gauch,
Division of Market Regulation, SEC, to Michael K. Rafter, Holland &
Knight, LLP (Jan. 5, 2000); Letter from Joseph I. Levinson, Special
Counsel, Division of Trading and Markets, SEC, to Mark D. Fitterman,
Morgan, Lewis & Bockius LLP (June 9, 2009); FOLIO[fn] Investments,
Inc., SEC No-Action Letter, 2009 WL 58414 (Jan 6, 2009).
    \14\ Broker-dealers generally receive the No Lien Assurances by
obtaining a hard-copy letter from the issuer or its transfer agent
or other record keeper of the securities.
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    In a No-Action Letter dated February 3, 2012 (``2012 No-Action
Letter''), the Commission's Division of Trading and Markets
(``Division'') addressed the use of AIP as a means for establishing
good control locations. \15\ In it, the Division stated that it would
not recommend enforcement action against Charles Schwab & Co., Inc.
(``Schwab'') if Schwab used AIP to establish good control locations for
uncertificated securities of alternative investment products
participating in AIP.
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    \15\ Letter from Michael A. Macchiaroli, Division of Trading and
Markets, SEC, to Peter J. Morgan III, Charles Schwab & Co., Inc.
(February 3, 2012).
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AIP Background
    NSCC's AIP Service is a communications and payments processing
platform for eligible alternative investment products, including
interests in commodity pools, REIT securities, managed futures and
managed currency products, and securities issued by hedge funds,
private equity funds and funds of funds (collectively ``Eligible AIP
Products''). AIP provides for the processing of transactions in these
products and for the settlement of related payments on a pre-funded
basis without netting and without a guarantee of payment in the event
of a contra-side default.\16\ Transactions processed through AIP
include subscriptions and redemptions, distributions, position
reporting, and account maintenance.
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    \16\ Securities Exchange Act Release No. 34-57813 (May12, 2008),
73 FR 28539 (May 16, 2008).
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    Since its implementation, AIP has standardized the way the
alternative investment industry communicates information between
broker-dealers, fund managers, administrators, custodians, and issuers
of alternative investment products. In the last several months, the
alternative investment industry has asked NSCC to further standardize
and automate communications among these parties by creating a uniform
mechanism by which AIP Distributors may satisfy their Rule 15c3-3(c)
possession or control obligations when using AIP Manufacturers as good
control locations. NSCC believes it can offer a number of control
improvements to the current manual, decentralized, and paper-based
mechanisms that are used today for establishing good control locations
for uncertificated securities of alternative investments.
AIP Membership Requirements
    Under NSCC Rule 53, the following types of entities are eligible to
become AIP users (``AIP Members''):
    1. A broker-dealer registered under the Act or a non-U.S. broker-
dealer subject to oversight and regulation by the appropriate financial
services regulator in its home jurisdiction;\17\
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    \17\ But see fn. 14, infra.
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    2. A bank or trust company that is a member of the U.S. federal
reserve system or that is supervised and examined by U.S. federal or
state banking authorities or a non-U.S. bank subject to oversight and
regulation by the appropriate financial services regulator in its home
jurisdiction;
    3. An investment company registered under the Investment Company
Act of 1940 (``Advisers Act''), or an issuer (structured as a fund or
other pooled investment vehicle) that is not required to register
thereunder;
    4. An investment adviser as defined in the Advisers Act regardless
of whether it is registered under the Advisers Act or is exempt from
registration;
    5. A commodity pool operator or commodity trading advisor as
defined in the Commodity Exchange Act (``CEA'') regardless of whether
the commodity pool operator or commodity trading advisor is registered
pursuant to the CEA or is exempt from registration thereunder;
    6. An insurance company subject to supervision or regulation under
U.S. state insurance law or a non-U.S. insurance company subject to
oversight and regulation by the appropriate

insurance regulator in its home jurisdiction; and
    7. An entity engaged under contract to provide administrative
services to one or more alternative investment products that can be
processed through AIP.
    Before acceptance as an AIP Member, each applicant must submit an
executed AIP Membership Agreement to NSCC, agreeing that, among other
things, it will:
    1. Only use the AIP Service; \18\
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    \18\ An AIP Member may use another NSCC service but only if the
AIP Member also executes a separate NSCC Membership Agreement.
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    2. Abide by the rules of NSCC and be bound by all of the provisions
thereof and that NSCC will have all of the rights and remedies
contemplated by the rules of NSCC;
    3. Be bound by the rules of NSCC as to all matters and transactions
occurring while the applicant is an AIP Member, notwithstanding that
the applicant may subsequently cease to be an AIP Member;
    4. Not submit, clear, or settle through NSCC any contract or
transaction unless the rules of NSCC are part of the terms and
conditions of such contract or transaction;
    5. Pay to NSCC such charges as shall be established by NSCC by
rule;
    6. Not submit or confirm any transaction, charge, request,
instruction, or transmission through NSCC's services or otherwise
utilize NSCC's services in contravention of any law, rule, regulation,
or statute applicable to the AIP Member;
    7. Not submit any request, instruction, transaction, or other
transmission through NSCC's services for which it is not directly or
indirectly and whether acting on its own behalf or on behalf of any
other entity, duly authorized;
    8. Pay such fines as may be imposed in accordance with NSCC's rules
for the failure of the AIP Member while an AIP Member to comply
therewith; and
    9. Be bound by any amendment to the rules of NSCC with respect to
any use of NSCC's services subsequent to the time such amendment takes
effect, as fully as though such amendment were now a part of the rules
of NSCC; provided, however, that no such amendment shall affect an AIP
Member's right to cease to be an AIP Member of NSCC unless before such
amendment becomes effective, the AIP Member has opportunity to give
written notice to NSCC of the AIP Member's election to discontinue
being an AIP Member.
The Proposed Rule Changes
    Currently, AIP provides for two alternative customer account
designations either ``broker-controlled'' or ``customer-controlled.''
The initial account designation for an AIP account is generally made by
the AIP Distributor acting on behalf of its investor customer. However,
the AIP Manufacturer may change the account designation at any time.
For example, if an investor were to directly notify the AIP
Manufacturer that its account should no longer be designated as broker-
controlled, the AIP Manufacturer could change the indication on the AIP
system. The proposed rule changes to NSCC Rule 53 will apply solely
with respect to ``broker-controlled'' AIP account designations.
    NSCC proposes to amend Rule 53 to specify that when an AIP
Distributor submits an AIP order for its customer account and requests
a broker-controlled designation as part of the order, the AIP
Manufacturer accepting the order (and accordingly making and approving
the broker-controlled designation as part of the order) \19\ will be
making continual and ongoing representations and assurances to the
controlling AIP Distributor that:
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    \19\ As set forth above, broker-dealers are eligible to be AIP
Members. However, a broker-dealer's authority to serve as a good
control location is derived from Rule 15c3-3(c)(2) of the Act and
applicable Commission and SRO guidance. Nothing in this proposed
rule change is intended to contradict existing regulations
pertaining to control locations under Rule 15c3-3 of the Act.
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    1. The Eligible AIP Product securities held (or to be held) in the
account are not subject to any right, charge, security interest, lien,
or claim of any kind in favor of the AIP Manufacturer or any person
claiming through such AIP Manufacturer;
    2. To the knowledge of the AIP Manufacturer, there are no
substantial problems of an operational nature which the AIP
Manufacturer is experiencing or which may endanger the interest of
investors in the Eligible AIP Product;
    3. The Eligible AIP Product securities held (or to be held) in the
account are registered with the Commission pursuant to the Securities
Act of 1933, as amended, are exempt from such registration, or are not
required to be so registered;
    4. The Eligible AIP Product securities in the account (or to be
held in the account) are registered on the books and records of the AIP
Manufacturer or its designee in the name of the controlling AIP
Distributor on behalf of its customer;
    5. In the case of Eligible AIP Product securities issued outside of
the United States, the AIP Manufacturer does not require the
controlling AIP Distributor or any of its customers to pay any fees
other than for safe custody or administration as a condition for the
transfer of the securities; and
    6. The AIP Manufacturer understands and acknowledges that the
controlling AIP Distributor may be relying on the above representations
in order to establish custody in accordance with Rule 15c3-3 of the Act
and that failure to comply with the above representations may require
that the controlling AIP Distributor remove the Eligible AIP Product
securities from the applicable customer's brokerage account.
    The AIP Manufacturer representations and assurances in 1-6 above
are collectively referred to as the ``AIP Manufacturer Representations
and Assurances.''
    The AIP Manufacturer Representations and Assurances will be
obtained from each relevant AIP Manufacturer through an ``accept'' or
``decline'' option within the record layouts that reside in AIP. The
relevant AIP Distributors will be able to determine through AIP whether
the AIP Manufacturer Representations and Assurances have been provided
by reference to an indicator on a security profile that is included on
a data file provided to the AIP Distributor. NSCC also proposes to
amend the AIP Membership Agreement with regard to AIP Manufacturers to
provide that each time the AIP Manufacturer accepts an AIP order and
designates the securities with respect to that order as ``broker-
controlled,'' such AIP Manufacturer will be making the AIP
Manufacturers Representations and Assurances on a continual and ongoing
basis to the applicable AIP Distributor, so long as the ``broker-
controlled'' designation remains in place.
    Additionally, Rule 53, as amended, will provide that each AIP
Distributor that is a registered broker-dealer and that is relying on a
specified AIP Manufacturer's Representations and Assurances with
respect to a customer account shall for so long as the applicable
``broker-controlled'' designation remains in place be continually
stating that such AIP Distributor:
    1. Carries those Eligible AIP Product securities ``long'' in each
respective customer account;
    2. Reflects all share positions of the applicable Eligible AIP
Product separately in its securities records or ledgers maintained
pursuant to Rule 17a-3 of the Act;
    3. Maintains in a separate file a current list of all AIP
Manufacturers of which Eligible AIP Product securities

are carried on that AIP Distributor's books and records, including the
name, telephone number, and address of a contact person at each AIP
Manufacturer; and
    4. Is not aware of any substantial problems of an operational
nature which AIP or the applicable AIP Manufacturer or issuer (if
different) may be experiencing and which may endanger the interests of
the customer.
    The above AIP Distributor statements (collectively the ``AIP
Distributor Statements'') would be recorded by way of an electronic
indicator within AIP.
    NSCC proposes to amend the AIP Membership Agreement with regard to
AIP Distributors to set forth that each AIP Distributor who shall be
relying on an AIP Manufacturer's Representations and Assurances
understands that such AIP Distributor will continually and on an
ongoing basis be making the AIP Distributor Statements so long as the
applicable ``broker-controlled'' designation remains in place.
    The above AIP Manufacturer Representations and Assurances and AIP
Distributor Statements conform to the No-Action Letters developed by
the Commission staff and described herein, including the 2012 No-Action
Letter addressing the use AIP for establishing good control locations.
As noted above, registered broker-dealers currently establish their
Commission Rule 15c3-3(c)(7) obligations by way of manual processes.
Automating this process through AIP will standardize and centralize the
process will assist the parties in establishing compliance with legal
requirements and will provide a better audit trail for AIP Members and
their regulators to verify compliance after the fact.
    Further, if an AIP Manufacturer or AIP Distributor at any time
elects to change the customer account designation from ``broker-
controlled'' to ``customer-controlled,'' the above AIP Manufacturer
Representations and Assurances and AIP Distributor Statements from that
point forward would no longer apply to the relevant AIP Members, and
each relevant AIP Distributor and AIP Manufacturer, as the case may be,
would be put on notice that the designation with regard to the customer
account has changed. As a condition set forth in the 2012 No-Action
Letter, each AIP Distributor relying on the AIP Manufacturer
Representations and Assurances is required to monitor AIP on a regular
basis for any changes to the ``broker-controlled'' account designations
for which the AIP Distributor maintains custody.\20\
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    \20\ See the 2012 No-Action Letter, Condition 7. Where
an AIP Distributor learns that the designation for an Eligible AIP
Product has been changed from ``broker-controlled'' to ``customer-
controlled,'' the AIP Distributor should contact the AIP
Manufacturer to confirm whether the position was intended to be
returned to the customer. If the Eligible AIP Product is not re-
designated as ``broker-controlled,'' the AIP Distributor should
remove the position from the customer's brokerage account.
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    The proposed rule change is consistent with the requirements of the
Act and the rules and regulations issued thereunder because it promotes
the prompt and accurate clearance and settlement of transactions in
securities by automating, standardizing, and centralizing the
communication of information between persons engaged in the clearance
and settlement of securities transactions. In addition, the proposed
rule change fosters cooperation and coordination between broker-dealers
and issuers of securities and removes impediments to the prompt and
accurate clearance and settlement of securities transactions.

(B) Self-Regulatory Organization's Statement on Burden on Competition

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

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

    Written comments relating to the proposed rule change have not been
solicited or received. NSCC will notify the Commission of any written
comments received by NSCC.

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

    The foregoing proposed rule change has become effective upon filing
pursuant to Section 19(b)(3)(A)(iii) \21\ of the Act and Rule 19b-4
(f)(4)(i) \22\ thereunder because it effects a change in NSCC's
existing AIP services that does not adversely affect the safeguarding
of securities or funds in the custody or control of NSCC or for which
it is responsible and does not significantly affect the respective
rights or obligations of NSCC or the persons using the service. The
proposed rule change affects a service of NSCC which is not guaranteed
(i.e., to which NSCC is not a central counter-party) and which does not
provide for the movement of securities or for the application of
credits or debits to cash balances of members. Accordingly, the
proposed rule change does not adversely affect the safeguarding of
securities or funds in the custody or control of NSCC or for which NSCC
is responsible. Additionally, designation of an account as ``broker-
controlled'' or ``customer-controlled'' within AIP is wholly voluntary
meaning that an AIP Manufacturer may choose to decline an order request
with a broker-controlled designation and therefore may not be required
to make the above stated assurances and representations. This is
effectively what happens in the market today outside of AIP when a
registered broker-dealer attempts to designate an account as broker-
controlled but the applicable alternative investment product record
keeper refuses to provide the requisite representations and assurances.
A registered broker-dealers' failure to obtain such assurances and
representations would preclude the registered broker-dealer from
continuing to identify the customer account in such alternative
investment product as ``broker-controlled.'' Under the proposed rule
change, the rights and obligations of the parties would not change, but
each relevant party would know the status of the customer account
designation in a far less time-consuming manner. Further, if a
``customer controlled'' designation is made with respect to an AIP
order, the above rule changes would not apply to either the AIP
Manufacturer making the designation or to the applicable AIP
Distributor. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
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    \21\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \22\ 17 CFR 240.19b-4(f)(4)(i).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NSCC-2012-04 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NSCC-2012-04. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filings also will be available for
inspection and copying at the principal office of NSCC and on NSCC's
Web site at http://www.dtcc.com/downloads/legal/rule_filings/2012/nscc/2012-04.pdf.
    All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-NSCC-2012-04
and should be submitted on or before April 17, 2012.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
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Kevin O'Neill,
Deputy Secretary.
[FR Doc. 2012-7276 Filed 3-26-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Notices]
[Pages 7867-7868]
[FR Doc No: 2017-01414]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2017-0003]

Michigan State Plan; Change in Level of Federal Enforcement:
Marine Construction

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

ACTION: Notice.

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SUMMARY: This document gives notice of OSHA's approval of a change to
the State of Michigan's Occupational Safety and Health State Plan that
clarifies that marine construction is included in its State Plan.
Therefore, OSHA announces an amendment to the Operational Status

Agreement between OSHA and the Michigan State Plan to clarify
Michigan's coverage of marine construction.

DATES: Effective Date: January 23, 2017.

FOR FURTHER INFORMATION CONTACT:
    For press inquiries, contact Francis Meilinger, Director, Office of
Communications, Room N-3647, OSHA, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-
1999; email<EMAIL_ADDRESS>    For general and technical information, contact Douglas J.
Kalinowski, Director, Directorate of Cooperative and State Programs,
Room N-3700, OSHA, U.S. Department of Labor, 200 Constitution Avenue
NW., Washington, DC 20210; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Section 18 of the Occupational Safety and
Health Act of 1970, 29 U.S.C. 667 (OSH Act), provides that states that
wish to assume responsibility for developing and enforcing their own
occupational safety and health standards may do so by submitting and
obtaining federal approval of a State Plan. State Plan approval occurs
in stages that include initial approval under Section 18(c) of the Act
and, ultimately, final approval under Section 18(e).
    The Michigan State Plan was initially approved under Section 18(b)
of the OSH Act and 29 CFR part 1902 on September 24, 1973 (38 FR 27388,
October 3, 1973). The Michigan State Plan is administered by the
Michigan Department of Licensing and Regulatory Affairs, Michigan
Occupational Safety and Health Administration (MIOSHA). On January 6,
1977, an Operational Status Agreement was entered into between OSHA and
the Michigan State Plan agency whereby concurrent federal enforcement
authority was suspended with regard to most federal occupational safety
and health standards in issues covered by the state's OSHA-approved
occupational safety and health plan. Federal OSHA retained its
authority over safety and health in private sector maritime employment,
with regard to federal government employers and employees, and
employees of the U.S. Postal Services (effective June 9, 2000), and
employers who are enrolled members of Indian tribes and who own or
operate businesses located within the boundaries of Indian
reservations.
    MIOSHA has covered construction since the Plan's inception. A legal
issue has arisen as to whether employees engaged in marine construction
are covered by the Longshore and Harbor Workers' Compensation Act (33
U.S.C. 901 et seq.) and thus were included in Federal OSHA's coverage
of maritime employment. MIOSHA requested that its coverage be clarified
to explicitly include coverage over marine construction. OSHA and
MIOSHA have agreed to amendments to the State Plan's Operational Status
Agreement (OSA) that clarify that the exclusion of private sector
maritime employment from the State Plan does not include marine
construction, and the State Plan's coverage of construction includes
marine construction. The amendment was signed on July 25, 2016. All
other terms of the OSA remain in effect.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, authorized
the preparation of this notice. OSHA is issuing this notice under the
authority specified by Section 18 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 667), Secretary of Labor's Order No. 1-2012 (77
FR 3912), and 29 CFR parts 1902 and 1953.

    Dated: January 9, 2017.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health
[FR Doc. 2017-01414 Filed 1-19-17; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register Volume 80, Number 187 (Monday, September 28, 2015)]
[Notices]
[Pages 58243-58244]
[FR Doc No: 2015-24530]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: ER00-1-005.
    Applicants: Cross-Sound Cable Company, LLC.
    Description: Notice of Non-Material Change in Status of Cross-Sound
Cable Company, LLC.
    Filed Date: 9/21/15.
    Accession Number: 20150921-5246.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: ER12-2068-008; ER15-1471-001; ER10-2460-008; ER10-
2461-008; ER12-682-009; ER10-2463-008; ER15-1672-001; ER11-2201-012;
ER10-2464-005; ER13-1139-011; ER13-1585-005; ER10-2465-004; ER11-2657-
005; ER13-17-006; ER14-2630-004; ER12-1311-008; ER10-2466-009; ER11-
4029-008; ER12-2205-005; ER12-2159-004; ER10-1821-009; ER12-919-003.
    Applicants: Blue Sky East, LLC, Blue Sky West, LLC, Canandaigua
Power Partners, LLC, Canandaigua Power Partners II, LLC, Erie Wind,
LLC, Evergreen Wind Power, LLC, Evergreen Wind Power II, LLC, Evergreen
Wind Power III, LLC, First Wind Energy Marketing, LLC, Imperial Valley
Solar 1, LLC, Longfellow Wind, LLC, Milford Wind Corridor Phase I, LLC,
Milford Wind Corridor Phase II, LLC, Niagara Wind Power, LLC, Regulus
Solar, LLC, Stetson Holdings, LLC, Stetson Wind II, LLC, Vermont Wind,
LLC, Meadow Creek Project Company LLC, Canadian Hills Wind, LLC, Goshen
Phase II LLC, Rockland Wind Farm LLC.
    Description: Supplement to July 27, 2015 Notice of Change in Status
of Blue Sky East, LLC, et. al.
    Filed Date: 9/21/15.
    Accession Number: 20150921-5220.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: ER14-1317-004; ER11-2041-007; ER11-2042-007; ER10-
3193-007; ER10-2964-009; ER10-2924-007; ER10-2480-006; ER10-2959-007;
ER10-2961-006; ER10-2934-006; ER12-281-008; ER10-3099-013; ER13-821-
008; ER10-2950-006; ER14-2500-002; ER14-2498-002; ER10-2615-007; ER11-
2335-008; ER10-2538-004.
    Applicants: Sunshine Gas Producers, LLC, Innovative Energy Systems,
LLC, Seneca Energy II, LLC, Brooklyn Navy Yard Cogeneration Partners,
L.P., Selkirk Cogen Partners, L.P., Kleen Energy Systems, LLC,
Berkshire Power Company, LLC, Chambers Cogeneration, Limited
Partnership, Edgecombe Genco, LLC, Logan Generating Company, L.P.,
Northampton Generating Company, L.P., RC Cape May Holdings, LLC,
Scrubgrass Generating Company, L.P., Spruance Genco, LLC, Newark Energy
Center, LLC, EIF Newark, LLC, Plum Point Energy Associates, LLC, Plum
Point Services Company, LLC, Panoche Energy Center, LLC.
    Description: Notice of Non-Material Change in Status of Sunshine
Gas Producers, LLC, et. al.
    Filed Date: 9/22/15.
    Accession Number: 20150922-5063.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: ER14-1470-004.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Illinois Company.
    Description: Compliance filing: 2015-09-21_SA 2645 Compliance
Ameren-White Oak Facilities Service Agreement to be effective 5/11/
2014.
    Filed Date: 9/21/15.
    Accession Number: 20150921-5209.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: ER15-2160-001.
    Applicants: Crystal Lake Wind II, LLC.
    Description: Compliance filing: Amendment to Crystal Lake Wind II,
LLC Order No. 784 Compliance Filing to be effective 7/11/2015.
    Filed Date: 9/21/15.
    Accession Number: 20150921-5197.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: ER15-2161-001.
    Applicants: Crystal Lake Wind III, LLC.
    Description: Compliance filing: Amendment to Crystal Lake Wind III,
LLC Order No. 784 Compliance Filing to be effective 7/11/2015.
    Filed Date: 9/21/15.
    Accession Number: 20150921-5201.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: ER15-2681-000.
    Applicants: White Oak Energy LLC.
    Description: Compliance filing: White Oak Energy LLC Order No. 784
Revisions to be effective 7/11/2015.
    Filed Date: 9/21/15.
    Accession Number: 20150921-5191.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: ER15-2682-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Tariff Cancellation: Notice of Termination NCPA IA SA
17 to be effective 10/31/2015.
    Filed Date: 9/22/15.
    Accession Number: 20150922-5002.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: ER15-2683-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: Biggs Interruptible
Wholesale Distribution Service and IA (RS 246) to be effective 11/1/
2015.
    Filed Date: 9/22/15.
    Accession Number: 20150922-5005.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: ER15-2684-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: NCPA Replacement IA and
Related TFAs Filing (SA 292) to be effective 11/1/2015.
    Filed Date: 9/22/15.
    Accession Number: 20150922-5006.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: ER15-2685-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: First Revised
Interconnection Service Agreement No. 3604 Queue No. W4-009/X4-005 to
be effective 11/4/2014.
    Filed Date: 9/22/15.
    Accession Number: 20150922-5055.
    Comments Due: 5 p.m. ET 10/13/15.

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

    Dated: September 22, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-24530 Filed 9-25-15; 8:45 am]
BILLING CODE 6717-01-P