[Federal Register: February 23, 2006 (Volume 71, Number 36)]
[Notices]
[Page 9401-9402]
[DOCID:fr23fe06-106]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53316; File No. SR-NASD-2006-017]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to Short Sale Processing in Nasdaq's INET Facility

February 15, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 2, 2006, the National Association of Securities Dealers,
Inc. (``NASD''), through its subsidiary, The Nasdaq Stock Market, Inc.
(``Nasdaq''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by Nasdaq.
Nasdaq filed the proposed rule change as a ``non-controversial'' rule
change under Rule 19b-4(f)(6) under the Act,\3\ which rendered the
proposal effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    Nasdaq proposes to clarify the method by which its INET facility
processes orders to comply with short selling restrictions. Nasdaq
would like to implement the proposed rule change immediately. The text
of the proposed rule change is available on the NASD's Web site, http://www.nasd.com
, at the NASD's Office of the Secretary, and at the

Commission's Public Reference Room.

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

    In its filing with the Commission, Nasdaq 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. Nasdaq has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    According to the Exchange, Nasdaq's INET System currently provides
users the option of having the INET System price adjust and/or cancel
short sale orders so as to comply with rules governing short selling.
Under the proposal, Nasdaq is proposing to more fully explain the INET
System's short sale compliance method and to apply it to all short sale
orders entered into its System that are subject to short selling
restrictions. As such, all orders to sell short that are subject to a
short selling restriction would be processed as follows:
    For Nasdaq-listed securities, if an order to sell short is entered
on a down bid that, if executed upon entry, would violate NASD Rule
3350, the INET System will automatically re-price the

order to $0.01 above the current national best bid and enter the order
on the book. The INET System would thereafter monitor the order and if
the order market becomes marketable, but executing the order would
result in a violation of NASD Rule 3350, the INET System would cancel
the order off of the book.
    For non-Nasdaq securities, if an order to sell short is entered
that, if executed upon entry, would violate Rule 10a-1 under the
Act,\4\ the INET System would re-price the order to the next whole
minimum price variation above the ``last sale'' on the consolidated
tape and enter the order on the book. The INET System would thereafter
monitor the order and if the order becomes marketable, but executing
the order would result in a violation of Rule 10a-1 under the Act,\5\
the INET System would cancel the order off of the book.
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    \4\ 17 CFR 240.10a-1.
    \5\ See id.
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    The INET System would not cancel or adjust prices for orders to
sell short in securities that are not subject to any short selling
restriction (e.g., securities exempted from short selling restrictions
by Regulation SHO or any other applicable exemption). Nasdaq notes that
the INET System currently provides the short sale price adjustment and/
or cancellation process clarified here. Therefore, the NASD believes
that adoption of the proposal would ensure that the INET System
continues not to execute orders in violation of any applicable short
selling restriction.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the Section 15A of the Act,\6\ in general, and Section 15A(b)(6) of the
Act,\7\ in particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest.
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    \6\ 15 U.S.C. 78o-3.
    \7\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

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

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

    Because the proposed rule change: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) by its terms,
does not become operative for 30 days after the date of this filing, or
such shorter time as the Commission may designate, if consistent with
the protection of investors and the public interest, the proposed rule
change has become effective pursuant to Section 19(b)(3)(A) of the Act
\8\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
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    Nasdaq has requested that the Commission waive the 30-day operative
delay period for ``non-controversial'' proposals and make the proposed
rule change effective and operative upon filing. The Commission
believes that waiver of the 30-day operative delay is consistent with
the protection of investors and the public interest, because the
proposed rule change is intended to clarify a process that is already
in place, which is intended to ensure that the INET System continues
only to execute orders that do not violate any applicable short selling
restrictions. For this reason, the Commission designates the proposal
to be effective and operative upon filing with the Commission.\10\
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    \10\ For the purpose only of accelerating the operative date of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition and capital formation. See 15
U.S.C. 78c(f).
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    At any time within 60 days of the filing of a proposed rule change,
the Commission may summarily abrogate such rule change if it appears to
the Commission that such action is necessary or appropriate in the
public interest, for the protection of investors, or otherwise in
furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASD-2006-017 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NASD-2006-017. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the NASD. 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-NASD-2006-017 and should be submitted on or before March
16, 2006.
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    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E6-2529 Filed 2-22-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: May 16, 2006 (Volume 71, Number 94)]
[Rules and Regulations]
[Page 28513-28515]
[DOCID:fr16my06-24]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 101

[Docket No. RM04-12-001; Order No. 668-A]

Accounting and Financial Reporting for Public Utilities Including
RTOs

Issued April 20, 2006.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Final rule; Order denying rehearing.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) is
denying requests for rehearing of Order No. 668, Accounting and
Financial Reporting for Public Utilities Including RTOs.
    The Commission is also publishing a technical correction to include
page 302 of Form Nos. 1 and 3-Q which was missing from Order No. 668.
Finally, the Commission is clarifying the proper way to net energy
transactions when an entity participates in more than one RTO-
administered energy market and the proper basis for determining whether
net hourly energy transactions are to be reported as a net sale or a
net purchase.

DATES: Effective Date: Changes adopted in this order will become
effective June 15, 2006.

FOR FURTHER INFORMATION CONTACT:

John Okrak (Technical Information), Office of Market Oversight and
Investigations, Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20462.<PHONE_NUMBER>.
Eric Clark (Legal Information), Office of the General Counsel, Federal
Energy Regulatory Commission, 888 First Street, NE., Washington DC
20462.<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Before Commissioners: Joseph T. Kelliher, Chairman; Nora Mead Brownell,
and Suedeen G. Kelly; Order Denying Rehearing

    1. On December 16, 2005, the Commission issued Order No. 668
amending the accounting and financial reporting requirements for public
utilities.\1\ On January 17, 2006, the Transmission Access Policy Study
Group (TAPS) filed a request for rehearing.\2\ In this order, the
Commission denies rehearing of Order No. 668, publishes a technical
correction, and provides certain clarifications.
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    \1\ Accounting and Financial Reporting for Public Utilities
Including RTOs, Order No. 668, 70 FR 77627 (Dec. 30, 2005), FERC
Stats. & Regs. ] 31,199 (2005).
    \2\ On January 17, 2006, the American Public Power Association
filed a letter stating that it was not filing for rehearing, but
urged the Commission to turn its attention to cost oversight.
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Background

    2. The Commission initiated this rulemaking proceeding in order to
update its Uniform System of Accounts (USofA) \3\ and financial
reporting requirements to accommodate the restructuring changes that
are occurring in the electric industry due to the availability of open-
access transmission service and increasing competition in wholesale
bulk power markets.
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    \3\ 18 CFR part 101.
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    3. More specifically, the formation of independent system operators
(ISOs) and regional transmission organizations (RTOs) created the need
to update the Commission's accounting and financial reporting
requirements to reflect the roles of ISOs and RTOs and to provide more
transparent and uniform accounting for reporting of certain activities
not previously addressed in the Commission's regulations. To remedy
this, Order No. 668 updated the accounting requirements for public
utilities and licensees, including ISOs and RTOs (hereafter, jointly
referred to as RTOs). As relevant here, Order No. 668 included a new
operating revenue sub-account, Account No. 456.1, Revenues from
transmission of electricity of others, to record revenues the public
utility receives for the transmission of electricity over its
transmission facilities.\4\
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    \4\ Order No. 668, FERC Stats. & Regs. ] 31,199 at P 69-71.
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    4. On January 17, 2006, TAPS filed a request for rehearing, calling
for the Commission to require additional detail in Account No.
456.1.\5\ According to TAPS, while new Account No. 456.1 provides
additional transparency, the Commission's accounting regulations would
provide even more transparency if they additionally required: Sub-
categorization of transmission revenues; reporting of peak loads in a
manner that permits ready calculation of transmission rate divisors;
separate identification of plant, depreciation and expenses associated
with facilities that are accounted for as transmission but otherwise
functionalized or directly assigned; expanded identification of
transmission facilities that have been placed under the control of
another entity and the gross plant investment of the facilities
transferred; and reporting of revenue distributions received from
regional transmission entities.
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    \5\ Request for Rehearing at 2; accord id. at 3-6.
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Discussion

    5. TAPS asserts that the newly created Account 456.1 does not
permit transmission customers and the Commission to monitor
transmission revenues and usage to determine whether existing rates are
just and reasonable. We are not persuaded the level of additional
detail TAPS seeks--which TAPS readily admits is ``needed for
transmission ratemaking'' \6\--need be reported, however. Furthermore,
the information that TAPS seeks is not financial accounting data that
would be recorded in Account 456.1. Thus, while TAPS styles its request
for rehearing as accounting-related by requesting that the Commission
adopt certain proposed changes to Account 456.1, what TAPS is really
requesting is more broadly an expansion of the Form Nos. 1 and 3-Q
reporting requirements to essentially amount to a rate case. We are not
persuaded to do so, and we will deny rehearing.
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    \6\ Id. at 2; accord id. at 3.
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    6. Account No. 456.1 is a revenue account, and much if not all of
the added detail that TAPS seeks is not revenue data but other data not
appropriately recorded in Account No. 456.1. Indeed, some of it is not
even financial information, such as the requested listing of facilities
placed under an RTO's control, and would not be recorded anywhere in
the Uniform System of Accounts. The Commission considers the
information requested by TAPS, which TAPS notes is needed for
transmission ratemaking, unnecessary to accomplish the goal of this
rulemaking proceeding, which is not to engage in transmission
ratemaking, but instead simply to allow for oversight of the rates
being charged by RTOs and their member transmission-owning public
utilities, to compare expenditures across RTOs,\7\ and to provide
sufficient transparency of financial trends and

emerging issues.\8\ In short, the requested additional detail is beyond
the scope of this rulemaking proceeding.\9\
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    \7\ A fundamental basis for the existence of the Commission's
accounting requirements, and by extension its reporting
requirements, is uniformity. Uniformity of the information reported
allows for meaningful comparisons to be made between accounting
periods and between entities. In order to make such comparisons,
reported information needs to be aggregated at a high enough level
that commonality of the information being reported exists. We are
concerned that the level of detail that TAPS seeks would undermine
the objective of comparability due at least in part to the fact that
terms contained in TAPS proposal do not necessarily have a common
definition across entities. For example, ``relevant'' point-to-point
loads.
    \8\ Order No. 668, FERC Stats. & Regs. ] 31,199 at P 5 & 71; see
Financial Reporting and Cost Accounting, Oversight and Recovery
Practices for Regional Transmission Organizations and Independent
System Operators, 69 FR 58112 (September 29, 2004), FERC Stats. &
Regs. ] 35,546 (2004); Accounting and Financial Reporting for Public
Utilities Including RTOs, 70 FR 36865 (June 27, 2005), FERC Stats. &
Regs. ] 32,585 (2005).
    \9\ The Commission has in the past denied similar requests to
expand the Uniform System of Accounts. See, e.g., Quarterly
Financial Reporting and Revisions to the Annual Reports, Order No.
646, 69 FR 9029 (February 26, 2004), FERC Stats. & Regs. ] 31,158 at
P 103 (2004).
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    7. Order No. 668's requirements provide information sufficient for
oversight without undue burden. Form Nos. 1, 1-F, and 3-Q collect
general corporate information such as summary financial information,
balance sheet and income statement supporting information, and electric
plant, sales, operating expenses, and other statistical data.\10\ The
information required allows for oversight and is not intended to be, as
TAPS apparently would prefer, the equivalent of a rate case. The filing
requirements for \11\ and discovery available in \12\ rate cases allow
for parties to rate cases to obtain this additional information should
they need it.
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    \10\ See, e.g., Electronic Filing of FERC Form 1, and
Elimination of Certain Designated Schedules In FERC Form Nos. 1 and
1-F, Order No. 626, 67 FR 36093 (May 23, 2002), FERC Stats. & Regs.
] 31,130 (2002).
    \11\ 18 CFR 35.13.
    \12\ 18 CFR 385.406.
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    8. Further, some of the additional and more detailed information
requested by TAPS is already available through other avenues. For
example, TAPS requests that reporting include peak load as adjusted,
i.e., with separate identification of any behind-the-meter loads that
counted towards network service billing determinants and of the
relevant point-to-point loads and reserved capacities, as well as the
rate divisor where the principal rate through which the transmission
owner's transmission investment is recovered using a different billing
determinant.\13\ However, when the Commission revised its annual
reports and created its quarterly reports, the Commission required that
public utilities provide peak load information.\14\
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    \13\ Request for Rehearing at 2, 5-6.
    \14\ See Quarterly Financial Reporting and Revisions to the
Annual Reports, Order No. 646, 69 FR 9029 (February 26, 2004), FERC
Stats. & Regs. ] 31,158 (2004).
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    9. TAPS seeks revenue reporting broken down into various firmness
and duration classes.\15\ The Commission requires a breakdown on the
Transmission of Electricity for Others Schedule of Form Nos. 1 and 3-Q,
which also requires respondents to explain all components of the amount
of revenues received from other charges.\16\ This breakdown also
addresses another TAPS concern, that is, disclosing revenues received
from Financial Transmission Rights, Auction Revenue Rights and similar
instruments.
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    \15\ Request for Rehearing at 5.
    \16\ The Transmission of Electricity for Others Schedule
requires entities to enter a statistical classification code based
on the original contractual terms and conditions of the service,
such as, firm network service, long-term firm point-to-point
transmission service, short-term point-to-point service, etc.
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    10. TAPS requests that Form No. 1 be expanded to identify which
facilities have been placed under the operational control of another
entity.\17\ Some RTOs already post information on their public websites
detailing which facilities have been placed under their operational
control.\18\ In other cases, while the Commission has allowed for this
information to be removed from public access due to security
concerns,\19\ the Commission has provided for access to this
information where the requesting party has a ``legitimate business
need.'' \20\
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    \17\ Id. at 6.
    \18\ See, e.g., http://www.midwestiso.org/publish/Folder/3e2d0_106c60936d4_7c7c0a48324a?rev=1
 (Midwest Independent Transmission

System Operator, Inc. Web site, listing facilities placed under its
control).
    \19\ Cal. Indep. Sys. Operator Corp., 102 FERC ] 61,061 at P 21
(2003) (allowing the California Independent System Operator to
restrict public access).
    \20\ Id. at P 22 (included among those with a ``legitimate
business need'' are all market participants).
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    11. TAPS requests information detailing: the plant, depreciation,
and other expenses associated with facilities that have been accounted
for as transmission but are either functionalized to other functions or
directly assigned; as well as revenue distributions received by a
transmission owner from an RTO, broken down to distinguish operating
fees or leases for transferred facilities, distribution of revenues
from zonal transmission charges, pass-through of revenues for ancillary
services and wholesale distribution services, reimbursement of start-up
costs, distribution of revenues from third-party transactions, and
distribution of Financial Transmission Rights or Auction Revenue Rights
revenues.\21\ The Commission declines to mandate detailed reporting of
this information; as noted above, this sort of detailed information
goes beyond the scope of this rulemaking proceeding. In the case of
functionalized and directly assigned facilities, this information will
be available at the time of a rate filing. Regarding revenue
distributions from RTOs, revenue received from an RTO would be reported
in the Transmission of Electricity for Others Schedule of Form Nos. 1
and 3-Q.
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    \21\ Request for Rehearing at 6.
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Technical Correction

    12. The Operation and Maintenance Chart of Accounts for Regional
Market Expenses in Order No. 668 is replaced to correct title errors
for accounts 575.2, 575.3, 575.4 and 575.5, and to correct 576.3, 576.4
and 576.5, which were incorrectly designated as 567.3, 567.4 and 567.5.
In Appendix B of Order No. 668, the Commission inadvertently neglected
to include page 302 of Form Nos. 1 and 3-Q, which are referenced in
paragraphs 12 and 15 of Order No. 668. The Commission is also amending
the instructions on page 397 of Form Nos. 1, 1-F and 3-Q. The missing
page 302 and the amended page 397 are attached to this order as
Appendix A.

Clarification

    13. In Order No. 668, the Commission adopted a net basis for
accounting for and reporting energy transactions occurring in RTO-
administered energy markets. Entities have inquired informally about
(1) the proper way to net energy transactions when an entity
participates in more than one RTO-administered energy market and (2)
the proper basis for determining whether net hourly energy transactions
are to be reported as a net sale or a net purchase. We take this
opportunity to clarify the appropriate accounting for these
transactions.
    14. Some RTOs operate two energy markets; a day-ahead market and a
real-time or balancing market. Entities that participate in both
markets have requested clarification whether transactions occurring in
each market should be separately netted for a given hour (as explained
below, yes) or whether the transactions in the two markets should be
combined for a given hour for netting purposes (as explained below,
no).
    15. Since RTO-administered energy markets are operated and settled
separately, transactions occurring in each market should be separately
netted for purposes of determining whether an entity is a net seller or
purchaser in a given hour. For example, if an entity had net purchases
of 12 megawatt hours in the day-ahead market in hour one of day one of
the month and net sales of 10 megawatt hours in the real-time market in
the same hour one of day one of the month, it would record a purchase
of 12 megawatt hours in

Account 555, Purchased Power, for the day-ahead market for that given
hour and a sale of 10 megawatt hours in Account 447, Sales for Resale,
for the real-time market for that given hour; the purchases and sales
did not occur in the same market and so would not be netted.
    16. Additionally, in each monthly reporting period, the hourly sale
and purchase net amounts are to be aggregated and separately reported
in Account No. 447 or Account No. 555, respectively. For example,
assume that an entity in the real-time market had net sales of 10
megawatt hours during hour one of day one of the month and net
purchases of 15 megawatt hours during hour six and of 5 megawatt hours
during hour ten of day one of the month. Assuming there were no other
transactions during the month, the entity would report for the month
for the real-time market 10 megawatt hours of sales in Account 447 and
20 megawatt hours of purchases in Account 555; the sales and purchases
did not occur in the same hour and so would not be netted.
    17. Entities have also requested clarification whether net hourly
energy transactions should be classified as a net purchase or sale
based on a net megawatt hour basis or a net dollar basis. Net megawatt
hours should be used as the primary basis for determining whether a net
purchase or sale has occurred. For example, assume for a given market
in a given hour that an entity purchases 10 megawatt hours at $500 and
sells 12 megawatt hours at $480 in the real-time market. The
transactions occurring during this hour would be accounted for and
reported as a net sale in Account 447 of 2 megawatt hours at a loss of
$20.
    18. However, in instances where the megawatt hours net to zero for
a given market in a given hour, then the net hourly energy transactions
should be classified as a net purchase or sale based on a net dollar
basis. For example, assume for a given market in a given hour that an
entity purchases 10 megawatt hours at $500 and sells 10 megawatt hours
at $480. The transactions occurring during this hour would be accounted
for and reported as a net purchase in Account 555 of zero megawatt
hours at a cost of $20.
    19. Finally, we have revised the instructions of page 397, Amounts
Included in ISO/RTO Settlement Statements, of the Form Nos. 1 and 3-Q
to incorporate the above clarifying language on netting transactions.
The revised page 397 Schedule is attached to this order as a part of
Appendix A.
    The Commission orders:
    The request for rehearing filed in this proceeding by the
Transmission Access Policy Study Group is hereby denied.

    By the Commission.
Nora E. Donovan,
Acting Secretary.

0
In consideration of the foregoing, the Commission amends part 101,
Chapter I, Title 18, Code of Federal Regulations, as follows:

PART 101--UNIFORM SYSTEM OF ACCOUNTS PRESCRIBED FOR PUBLIC
UTILITIES AND LICENSES SUBJECT TO THE PROVISIONS OF THE FEDERAL
POWER ACT

0
1. The authority citation for part 101 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352, 7651-7651o.

0
2. In part 101, Operation and Maintenance Expense Chart of Accounts,
the list of accounts is removed and replaced with the following list of
accounts:

Operation and Maintenance Expense Chart of Accounts

* * * * *

3. Regional Market Expenses

Operation

575.1 Operation Supervision
575.2 Day-ahead and real-time market administration.
575.3 Transmission rights market administration.
575.4 Capacity market administration.
575.5 Ancillary services market administration
575.6 Market monitoring and compliance
575.7 Market facilitation, monitoring and compliance services
575.8 Rents

Maintenance

576.1 Maintenance of structures and improvements
576.2 Maintenance of computer hardware
576.3 Maintenance of computer software
576.4 Maintenance of communication equipment
576.5 Maintenance of miscellaneous market operation plant
* * * * *
[FR Doc. 06-4044 Filed 5-15-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Notices]
[Pages 48447-48448]
[FR Doc No: 2018-20795]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-0404]

Pediatric Medical Device Development; Public Meeting; Request for
Comments; Reopening of Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; reopening of comment period.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is reopening
the comment period provided in the notice entitled ``Pediatric Medical
Device Development; Public Meeting; Request for Comments'' that
appeared in the Federal Register on February 16, 2018. That notice
announced the public meeting to be held on August 13 and 14, 2018, and
requested comments by September 14, 2018. FDA is reopening the public
meeting's comment period until November 26, 2018. The Agency is taking
this action to allow interested parties additional time to submit
comments.

DATES: FDA is reopening the comment period for the public meeting
``Pediatric Medical Device Development; Public Meeting; Request for
Comments'' published on February 16, 2018 (83 FR 7052). Submit either
electronic or written comments on this meeting by November 26, 2018.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions''.
    Instructions: All submissions received must include the Docket No.
FDA-2018-N-0404 for ``Pediatric Medical Device Development; Public
Meeting; Request for Comments; Reopening of Comment Period.'' Received
comments will be placed in the docket and, except for those submitted
as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION''. The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information

redacted/blacked out, will be available for public viewing and posted
on https://www.regulations.gov. Submit both copies to the Dockets
Management Staff. If you do not wish your name and contact information
to be made publicly available, you can provide this information on the
cover sheet and not in the body of your comments and you must identify
this information as ``confidential''. Any information marked as
``confidential'' will not be disclosed except in accordance with 21 CFR
10.20 and other applicable disclosure law. For more information about
FDA's posting of comments to public dockets, see 80 FR 56469, September
18, 2015, or access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Victoria Wagman, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, Rm. 5562, Silver Spring, MD 20993, 301-796-
6581, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of February 16, 2018 (83 FR 7052), FDA
published a notice announcing the public meeting entitled ``Pediatric
Medical Device Development'' with a 30-day comment period post the
meeting to request comments. The public meeting was held on August 13
and 14, 2018. FDA is reopening the comment period for the public
meeting until November 26, 2018. The Agency believes that this will
allow adequate time for interested persons to submit comments without
significantly delaying action by the Agency.

    Dated: September 19, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-20795 Filed 9-24-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 86, Number 66 (Thursday, April 8, 2021)]
[Notices]
[Pages 18283-18284]
[FR Doc No: 2021-07219]

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ENVIRONMENTAL PROTECTION AGENCY

[10022-37-Region 1]

Notice of Availability of Draft NPDES Small Wastewater Treatment
Facility General Permits in Massachusetts and New Hampshire

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Availability of Draft NPDES General Permits MAG580000
and NHG580000.

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SUMMARY: The Director of the Water Division, U.S. Environmental
Protection Agency--Region 1 (EPA), is providing a Notice of
Availability for the Draft National Pollutant Discharge Elimination
System (NPDES) Small Wastewater Treatment Facility General Permit (WWTF
GP) for discharges to certain waters of the Commonwealth of
Massachusetts and the State of New Hampshire. This Draft NPDES WWTF GP
(``Draft General Permit'') establishes effluent limitations and
requirements, effluent and ambient monitoring requirements, reporting
requirements, and standard conditions for 66 eligible facilities
currently covered by either the existing General Permit or individual
NPDES permits (see Attachment E of the Draft General Permit for a list
of eligible WWTFs; 34 in Massachusetts and 32 in New Hampshire). The
Draft General Permit is available on EPA Region 1's website at https://www.epa.gov/npdes-permits/region-1-draft-small-wastewater-treatment-facilities-general-permit. The Fact Sheet for the Draft General Permit
sets forth principal facts and the significant factual, legal,
methodological, and policy questions considered in the development of
the Draft General Permit and is also available at this website.

DATES: Public comments must be received by May 10, 2021.

ADDRESSES: Written comments on the Draft General Permit may be mailed
to U.S. EPA Region 1, Water Division, Attn: Michael Cobb, 5 Post Office
Square, Suite 100, Mail Code 06-1, Boston, Massachusetts 02109-3912, or
sent via email to<EMAIL_ADDRESS>Due to the COVID-19 National
Emergency, if comments are submitted in hard copy form, please also
email a copy to the EPA contact above.

FOR FURTHER INFORMATION CONTACT: Additional information concerning the
Draft General Permit may be obtained from Michael Cobb, U.S. EPA Region
1, Water Division, 5 Post Office Square, Suite 100, Mail Code 06-1,
Boston, MA 02109-3912; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Following U.S. Centers for Disease Control and
Prevention (CDC) and U.S. Office of Personnel Management (OPM) guidance
and specific state guidelines impacting our regional offices, EPA's
workforce has been directed to telework to help prevent transmission of
the

coronavirus. While in this workforce telework status, there are
practical limitations on the ability of Agency personnel to allow the
public to review the administrative record in person at the EPA Boston
office. However, any electronically available documents that are part
of the administrative record can be requested from the EPA contact
above.

SUPPLEMENTARY INFORMATION:
    Public Comment Information: Interested persons may submit written
comments on the Draft General Permit to EPA Region 1 at the address
listed above. In reaching a final decision on this Draft General
Permit, the Regional Administrator will respond to all significant
comments and make responses available to the public on EPA Region 1's
website. All comments must be postmarked or delivered by the close of
the public comment period.
    General Information: The Draft General Permit includes effluent
limitations and requirements for eligible facilities based on
technology and/or water quality considerations of the unique discharges
from these facilities. The effluent limits established in the Draft
General Permit ensure that the surface water quality standards of the
receiving water(s) will be attained and/or maintained.
    Obtaining Authorization: To obtain coverage under the General
Permit, facilities meeting the eligibility requirements outlined in
Part I of this General Permit may submit a notice of intent (NOI) in
accordance with Part V of this General Permit and 40 CFR
122.28(b)(2)(i) & (ii). The contents of the NOI shall include at a
minimum, the legal name and address of the owner or operator, the
facility name and address, type of facility or discharges, the
receiving stream(s) and be signed by the operator in accordance with
the signatory requirements of 40 CFR 122.22. Alternately, based on 40
CFR 122.28(b)(2)(vi), the Director may notify a discharger that it is
covered by a general permit, even if the discharger has not submitted
an NOI to be covered. EPA has determined that the facilities identified
in Attachment E of the Draft General Permit all meet the eligibility
requirements for coverage under the Draft General Permit and may be
authorized to discharge under the General Permit by this type of
notification.
    Other Legal Requirements: Endangered Species Act (ESA): In
accordance with the ESA, EPA has updated the provisions and necessary
actions and documentation related to potential impacts to endangered
species from WWTFs seeking coverage under the Draft General Permit.
Concurrently with the public notice of the Draft General Permit, EPA
has initiated an informal consultation with the National Oceanic and
Atmospheric Administration, National Marine Fisheries Service (NOAA
Fisheries) under ESA section 7, through the submission of a letter and
biological assessment (BA) summarizing the results of EPA's assessment
of the potential effects to endangered and threatened species and their
critical habitats under NOAA Fisheries jurisdiction as a result of
EPA's issuance of the Draft General Permit. In this document, EPA has
made a preliminary determination that the proposed issuance of the
Draft General Permit is not likely to adversely affect the shortnose
sturgeon, Atlantic sturgeon, or designated critical habitat for
Atlantic sturgeon, as well as coastal protected whales and sea turtles
and the North Atlantic right whale critical habitat. EPA has requested
that NOAA Fisheries review this submittal and inform EPA whether it
concurs with this preliminary finding.
    In addition, EPA has initiated an informal consultation with the
U.S. Fish and Wildlife Service (USFWS) under ESA section 7, through the
submission of a letter and biological assessment (BA) summarizing the
results of EPA's assessment of the potential effects to endangered and
threatened species and their critical habitats under USFWS jurisdiction
as a result of EPA's issuance of the Draft General Permit. In this
document, EPA has made a preliminary determination that the proposed
issuance of the Draft General Permit is not likely to adversely affect
the dwarf wedgemussel. EPA has requested that USFWS review this
submittal and inform EPA whether it concurs with this preliminary
finding. EPA has completed an informal consultation with USFWS
regarding the threatened northern long-eared bat, as activities
conducted as part of the WWTF GP are consistent with activities
analyzed in the USFWS January 5, 2016, Programmatic Biological Opinion
(PBO).
    Essential Fish Habitat (EFH): Under the 1996 Amendments (Pub. L.
104-267) to the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq. (1998)), EPA is required to consult with
NOAA Fisheries if EPA's actions or proposed actions that it funds,
permits or undertakes ``may adversely impact any essential fish
habitat.'' 16 U.S.C. 1855(b). In the Fact Sheet accompanying the Draft
General Permit, EPA notes that the general permit action minimizes
adverse effects to aquatic organisms, including those with designated
EFH in the receiving waters. EFH species associated with the receiving
waters of facilities covered by the Draft General Permit may include
Atlantic salmon as well as the life stages of a number of coastal EFH
designated species, along with two habitat areas of particular concern.
EPA has made the determination that additional mitigation is not
warranted under Section 305(b)(2) of the Magnuson-Stevens Act and has
provided this determination to NOAA Fisheries for their review.
    National Historic Preservation Act (NHPA): Facilities which
adversely affect properties listed or eligible for listing in the
National Registry of Historic Places under the NHPA are not authorized
to discharge under the Draft General Permit. Based on the nature and
location of the discharges, EPA has determined that all facilities
eligible for authorization under the Draft General Permit do not have
the potential to affect a property that is either listed or eligible
for listing on the National Register of Historic Places.
    Coastal Zone Management Act (CZMA): The CZMA, 16 U.S.C. 1451 et
seq., and its implementing regulations (15 CFR part 930) require a
determination that any federally licensed activity affecting the
coastal zone with an approved Coastal Zone Management Program (CZMP) is
consistent with the CZMA. Concurrent with the public notice of the
Draft General Permit, EPA will request that both the Executive Office
of Environmental Affairs, MA CZM, and the Federal Consistency Officer,
New Hampshire Coastal Program, provide a consistency concurrence that
the proposed Draft General Permit is consistent with the MA and NH
CZMPs.

    Authority:  This action is being taken under the Clean Water
Act, 33 U.S.C. 1251 et seq.

Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
[FR Doc. 2021-07219 Filed 4-7-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Notices]
[Pages 2287-2288]
[FR Doc No: 2019-01180]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85019; File No. SR-NYSE-2018-52]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Designation of a Longer Period for Commission Action on
Proposed Rule Change To Amend Rule 7.31 Relating to Discretionary
Orders, Auction-Only Orders, Discretionary Modifier, and Yielding
Modifier and Related Amendments to Rules 7.16, 7.34, 7.36, and 7.37

January 31, 2019.
    On November 29, 2018, New York Stock Exchange LLC (``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant

to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'')
\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to amend its
Rule 7.31 Relating to Discretionary Orders, Auction-Only Orders,
Discretionary Modifier, and Yielding Modifier and to make related
amendments to Rules 7.16, 7.34, 7.36, and 7.37. The proposed rule
change was published for comment in the Federal Register on December
18, 2018.\3\ The Commission has not received any comments on the
proposal.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 84806 (Dec. 12,
2018), 83 FR 64913 (Dec. 18, 2018).
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    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding, or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is February 1, 2019. The Commission is extending this 45-day time
period.
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    \4\ 15 U.S.C. 78s(b)(2).
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    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change so that it has
sufficient time to consider this proposed rule change. Accordingly, the
Commission, pursuant to Section 19(b)(2) of the Act,\5\ designates
March 18, 2019, as the date by which the Commission shall either
approve or disapprove, or institute proceedings to determine whether to
disapprove, the proposed rule change (File No. SR-NYSE-2018-52).
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    \5\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(31).
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Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-01180 Filed 2-5-19; 8:45 am]
 BILLING CODE 8011-01-P