[Federal Register Volume 84, Number 26 (Thursday, February 7, 2019)]
[Notices]
[Pages 2662-2667]
[FR Doc No: 2019-01467]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. OST-2019-0022]

Privacy Act of 1974; System of Records; Department of
Transportation Office of the Secretary--DOT/OST 102--Aviation Consumer
Complaint Application Online System of Records

AGENCY: Office of the Secretary of Transportation, DOT.

ACTION: Notice of a modified System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Transportation proposes to update and reissue a current Department of
Transportation system of records titled, ``Department of
Transportation/Office of the Secretary--DOT/OST 102--Aviation

Consumer Complaint Application Online System of Records.'' This system
of records allows the Department of Transportation/Office of the
Secretary to collect and maintain records on service-related consumer
complaints, inquiries, opinions, and compliments regarding air carriers
or air travel companies.
    The records and information collected and maintained in this system
are used to verify compliance with Department's aviation consumer
protection requirements. The system receives and is used to process
informal complaints regarding aviation consumer issues. The Aviation
Consumer Complaint Application Online System of Records utilizes the
Department's electronic case management and tracking system to generate
reports. It also allows the Department to manage information provided
during the course of its investigations and, in the process, to
facilitate its management of investigations and investigative
resources. Through this system, the Department can enter, update,
review, analyze, and manage information regarding case projects and
enforcement elements in addition to the ability to run a variety of
reports to better manage tracking current and expiring cases.
Furthermore, it allows DOT employees to track actions taken to resolve
violations, provide a system for creating and reporting statistical
information, and tracking government property and other resources used
in investigative activities.
    This system of records notice has been updated within the system
location, system manager, categories of records in the system, record
source categories, routine uses, storage, retrievability, retention and
disposal, safeguards, notification procedures, exemptions, and history.
Additionally, the Department of Transportation is issuing a Notice of
Proposed Rulemaking to exempt this system of records from certain
provisions of the Privacy Act, elsewhere in the Federal Register.
Furthermore, this notice includes non-substantive changes to simplify
the formatting and text of the previously published notice. It also
updates the SORN to reflect changes in the heading names and order as
required by the reissuance of Circular A-108 by the Office of
Management and Budget. This updated system will be included in the
Department of Transportation's inventory of record systems.

DATES: Written comments should be submitted on or before March 7, 2019.
The Department may publish an amended SORN in light of any comments
received. This new system will be effective March 7, 2019.

ADDRESSES: You may submit comments, identified by docket number OST-
2019-0022 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
OST-2019-0022. 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
April 11, 2000 (65 FR 19477-78), or you may visit http://DocketsInfo.dot.gov.
    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 general questions please contact
[C70/C75 POC]. For privacy issues please contact: Claire W. Barrett,
Departmental Chief Privacy Officer, Privacy Office, Department of
Transportation, Washington, DC 20590<EMAIL_ADDRESS>or<PHONE_NUMBER>.

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 (OST)
proposes to update and reissue a current DOT system of records titled,
``DOT/OST 102--Aviation Consumer Complaint Application Online System of
Records.'' The Office of the Assistant General Counsel for Aviation
Enforcement and Proceedings, Aviation Consumer Protection Division,
operates the Aviation Consumer Complaint Application Online System of
Records (CCA), which receives and is used to process informal
complaints from members of the public regarding aviation consumer
protection matters. The primary intent of this revision is to update
and clarify parts of the system of records notice to reflect changes in
the Department's organization and programs since its last publication
in 2005. Furthermore, the Department is proposing to exempt the CCA
from certain provisions of the Privacy Act in accordance with 5 U.S.C.
552a(k)(2).
    This system of records notice (SORN) was previously published in
the Federal Register on February 25, 2005 (70 FR 9436) and became
effective without notice on April 6, 2005. The DOT established the CCA
to receive, process, investigate, and monitor consumer comments
regarding airlines and air travel companies and to determine the extent
to which these entities are in compliance with Federal aviation civil
rights and consumer protection regulations. Members of the public,
including citizens, legal permanent residents, and visitors, submit
inquiries, opinions, compliments, and complaints about airlines and air
travel companies. The records contain personal information about
individuals, which may include: Name, addresses, telephone numbers,
email address, reservation information, name of the airline about which
the individual is complaining, nature of service issue and/or
individual's disability and accommodations requested; and sex, race,
color, ethnicity, religion, and/or national origin of the individual.
The individuals may provide information, not only regarding their own
experiences, but on behalf of others or about other individuals related
to the complaints.
    The CCA system receives and is used to process these informal
complaints and assist DOT in tracking statistics on flight delays, over
sales, baggage problems, and consumer complaints. The system assists
staff with verifying compliance with DOT's aviation consumer protection
requirements, which they then use to provide information to the
industry and members of the public. This information helps to record,
track, and to allow DOT to take appropriate action on the complaints,
opinions, information requests, and compliments pertaining to airlines,
aiding in the follow-up and resolution of airline service issues. The
Aviation Consumer Protection Division also uses this information to
create and publish monthly reports to inform the public about airline
customer service issues; to report complaint statistics to Congress and
the media; to serve as a

basis for rulemaking, legislation, and research; and to assist airlines
in identifying and remedying consumer concerns.
    This SORN makes several changes to the existing system of records.
It amends the system location, system manager, categories of records in
the system, record source categories, routine uses, storage,
retrievability, retention and disposal, safeguards, notification
procedures, exemptions, and history. It also updates the headings and
order of the sections according to the new template prescribed by OMB's
Circular A-108.
    The Department's headquarters moved since this SORN was last
published. This has been updated accordingly. The system manager and
address is being changed to reflect a relocation of the Department of
Transportation to a new building within the District of Columbia. The
categories of records covered by the system have been revised to more
clearly reflect OST practice. The revised SORN clarifies and enumerates
the specific types of information collected in the records. The
revision does not make any substantive change to the categories of
records. The record source categories have been updated to include
electronic submission of consumer comments through the Air Travel
Complaint Comment Form available online. Accordingly this brings the
SORN up to date with current DOT practices without making any
substantive changes to this section.
    The Department is updating the routine uses of records maintained
in the system. Routine uses refers to routine disclosures outside of
the Department. Consequently, the Department is eliminating the routine
use stating that the Department ``may use information from this system
of records to determine whether to further investigate or take
enforcement against an air carrier or air travel company for possible
violations of federal aviation civil rights and consumer protection
statutes and regulations.'' Although this continues to be included as
one of the purposes of this system of records, this activity does not
involve disclosures outside of the Department, other than those
disclosures already permitted by the Privacy Act, and therefore, it not
appropriately characterized as a ``routine use.'' The DOT also has
omitted the routine use that permits disclosures to advocacy
organizations when the individual provides the organization with his/
her consent to access the records on his/her behalf. Disclosures with
the individual's consent are permitted by the Section (b) of the
Privacy Act and, therefore, do not need to be included as a routine
use. Finally, Office of Management and Budget Circular A-108 recommends
that agencies include all routine uses in one notice rather than
incorporating general routine uses by reference; therefore, DOT is
replacing the routine use that referenced the ``Statement of General
Routine Uses'' with all of the general routine uses that apply to this
system. This is merely a technical change and doesn't substantively
affect any of the routine uses for records in this system.
    The revised SORN also updates storage, retrievability, and
safeguards to reflect modern standards. For instance, the storage
reflects the different ways electronic records may be kept. The
retrievability and safeguards have been updated to reflect the current
general practice of DOT regarding systems of records.
    The retention and disposal section is updated to reflect the
disposition schedule that was approved by the National Archives and
Records Administration in 1975. Any correspondence with individual
complainants, the Department, and the airlines; reports from airlines;
and the public complaints will be retained for four years. Computer
printouts summarizing data from files will be destroyed when they are
no longer needed for reference.
    The notification procedures have been updated to account for the
Department's change in address and to include the Department's web
address. It has also been updated to include the procedures necessary
for requesting information. The new notification section details the
specific information necessary to include when requesting access to an
individual's records. Accordingly there are no substantive changes to
these sections.
    This SORN is also updating the exemption section as discussed
below. Finally, a history section has been added as required by the new
standards set by the Office of Management and Budget.
    This updated 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).
    This SORN is updating the exemptions to include an exemption under
5 U.S.C. 552a(k)(2). A Notice of Proposed Rulemaking was published on
February 28, 2005 (70 FR 9607) to exempt this system from certain
provisions of the Privacy Act. The Department did not receive any
comments on the proposed rule. Nonetheless, given the time that has
passed since the original Notice of Proposed Rulemaking, the Department
will republish a notice for comment. The current SORN indicates that an
exemption applies to this system, however, the Department is updating
the SORN to specify the basis of the exemption under 5 U.S.C.
552a(k)(2). An exemption from the Privacy Act's access requirement
would be necessary to: Protect confidential information and the sources
of the confidential information; prevent unwarranted invasions of
another individual's privacy; and support DOT's ability to obtain
information relevant to resolving an aviation compliance concern.
    As the CCA inquiry and investigative files are compiled for
administrative and law enforcement purposes, the 5 U.S.C. 552a(k)(2)
exemption is applicable. The CCA assists the Department with receiving
and processing allegations of violations of criminal, civil, and
administrative laws and regulations relating to airline carriers and
entities. The system includes investigative files and allows DOT to
manage information provided during the course of its investigations,
and in the process, to facilitate its management of investigations and
investigative resources. DOT employees, with appropriate privileges,
can upload documents for each case for review. As the system is used to
track the investigations and used to create reports about the
investigations and the complaints, the system should be exempted to
protect the information it contains.
    In addition, it is may be necessary to give an express promise to
withhold the identity of an individual who has

provided relevant information. Sources of information necessary to
complete an effective investigation may be reluctant to provide
confidential information unless they can be assured that their
identities and information will not be revealed. This exemption is
proposed to maintain the integrity of the investigative process and to
ensure that DOT's efforts to obtain accurate and objective information
will not be hindered.
    This exemption will assure that the investigative files will not be
disclosed inappropriately and that confidential information will be
protected. The exemption is necessary to protect the information in the
system that may initiate investigations or is collected during
investigations. Accordingly, DOT proposes to exempt this system under
paragraph (k)(2) of the Privacy act from subsection (d) (Access to
Records).
    In appropriate circumstances, where compliance with the request
would not appear to interfere with or adversely affect the conduct of
an aviation compliance inquiry or result in the unauthorized disclosure
of classified information, OST may opt to waive these exemptions. In
addition, some information may be available under the Freedom of
Information Act, 5 U.S.C. 552 (FOIA). Any request for information from
this system under the FOIA would be assessed on a case-by-case basis to
determine what, if any, information could be released consistent with
section (b)(2) of the Privacy Act, 5 U.S.C. 552a(b)(2).
    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)/Office of the Secretary (OST)
DOT/OST 102 Aviation Consumer Complaint Application Online System of
Records (CCA)

Security Classification:
    Sensitive, Unclassified

System Location:
    Records are maintained at the Office of the Secretary Headquarters
in Washington, DC and at an offsite facility in Frederick, Maryland.

System Manager(s):
    Office of the Assistant General Counsel for Aviation Enforcement
and Proceedings, Office of the Secretary, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590.

Authority for Maintenance of the System:
    49 U.S.C. 40127, 41310, 41702, 41705, and 41712

Purpose(s) of the System:
    The purpose of this system is to monitor complaint records of
individual airlines and air travel companies; to determine the extent
to which these entities are in compliance with Federal aviation civil
rights and consumer protection regulations; to report complaint
statistics to Congress, the media, and the general public; to serve as
a basis for rulemaking, legislation, and research; and to assist
airlines in identifying and remedying consumer concerns.

Categories of Individuals Covered by the System:
    The system contains information on individuals who have filed air
travel service complaints or other inquiries with the Office of the
Assistant General Counsel for Aviation Enforcement and Proceedings
regarding an air carrier and/or air travel company. There may also be
information in the system regarding individuals who file complaints on
behalf of others or individuals who are related to the complaints.

Categories of Records in the System:
    Categories of records in this system include:
     Name.
     Home address.
     Business address.
     Telephone number(s).
     Email address.
     Name of the airline or company about which the individual
is complaining.
     Flight date.
     Flight number.
     Reservation number.
     Origin of the flight.
     Destination city of trip.
     Nature of service issue and/or individual's disability and
accommodations requested.
     Sex, race, color, ethnicity, religion, and/or national
origin of the individual.

Record Source Categories:
    Information contained in this system is provided by individuals, or
on behalf of individuals, through telephone calls, emails, and written
correspondence received by the Department of Transportation or through
electronic submission using the Air Travel Complaint Comment Form
available online.

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) as follows:
    1. To authorized representatives of the United States Government or
a U.S. or foreign air carrier or air travel company about whom the
complaint or record concerns for purposes of improving customer
service.
    2. 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;
    3. 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;
    4. 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;
    5. 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.
    6. 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.
    7. To the Office of Management and Budget (OMB) in connection with
the review of privacy relief legislation as set forth in OMB Circular
A-19 at any stage of the legislative coordination and clearance process
set forth in that Circular.
    8. To the National Archives and Records Administration for an
inspection under 44 U.S.C. 2904 and 2906.
    9. 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.
    10. 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.
    11. 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.
    12. 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.
    13. 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.
    14. 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, Public Law 108-456, and Executive Order 13388
(Oct. 25, 2005).

Policies and Practices for Storage of Records in the System:
    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:
    Electronic records may be retrieved by consumer's name, record
number, case/project name. Paper records may retrieved by name of air
carrier about which the record concerns.

Policies and Practices for Retention and Disposal of Records:
    Records will be retained in accordance with NC-197-76-1, July 5,
1975, Item Number 20. The public complaints; reports from the airlines;
and any correspondence regarding the complaints with individual
complainants, the Department, and airlines will be destroyed after four
years. Computer printouts summarizing data from the files will be
destroyed when they are no longer needed for business purposes.

Administrative, 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 Office of the Secretary FOIA
officer, whose contact information can be found at http://www.transportation.gov/individuals/foia/office-secretary-foia-information under ``Contact Us.'' 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 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 first
verify your identity, meaning that you must provide your full name,
current address and date and place of birth. 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<PHONE_NUMBER>. 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 ``Records Access Procedures'' above.

Notification Procedures:
    See ``Records Access Procedures'' above.

Exemptions Promulgated for the System:
    Pursuant to 5 U.S.C. 552a(k)(2), this system is exempt from 5
U.S.C. 552a(d).

History
    70 FR 9436, February 25, 2005.

    Issued in Washington, DC on February 4, 2019.
Claire W. Barrett,
Departmental Chief Privacy Officer.
[FR Doc. 2019-01467 Filed 2-6-19; 8:45 am]
 BILLING CODE 4910-9X-P


[Federal Register Volume 78, Number 21 (Thursday, January 31, 2013)]
[Notices]
[Pages 6817-6818]
[FR Doc No: 2013-02105]

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ENVIRONMENTAL PROTECTION AGENCY

 [FRL 9774-6]

Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for Wisconsin Public Service Corporation--JP
Pulliam Plant

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petition to object to Clean Air Act
operating permit.

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SUMMARY: This document announces that the EPA Administrator has
responded to a petition asking EPA to object to a Clean Air Act (Act)
operating permit issued by the Wisconsin Department of Natural
Resources. Specifically, the Administrator denied the petition
submitted by David Bender of McGillivray Westerberg and Bender, LLC, on
behalf of the Sierra Club, to object to the operating permit for
Wisconsin Public Service Corporation--JP Pulliam Plant.
    Pursuant to section 505(b)(2) of the Act, a petitioner may seek
judicial review in the United States Court of Appeals for the
appropriate circuit of those portions of the petition which EPA denied.
Any petition for review shall be filed within 60 days from the date
this notice appears in the Federal Register, pursuant to section 307 of
the Act.

ADDRESSES: You may review a copy of the final order, the petition, and
other supporting information at the EPA Region 5 Office, 77 West
Jackson Boulevard, Chicago, Illinois 60604. If you wish to examine
these documents, you should make an appointment at least 24 hours
before visiting day. Additionally, the final order for the JP Pulliam
Plant petition is available electronically at: http://www.epa.gov/region07/air/title5/petitiondb/petitions/pulliam_response2012.pdf.

FOR FURTHER INFORMATION CONTACT: Genevieve Damico, Chief, Air Permits
Section, Air Programs Branch, Air and Radiation Division, EPA, Region
5, 77 West Jackson Boulevard, Chicago, Illinois 60604, telephone (312)
353-4761.

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to
review, and object to as appropriate, operating permits proposed by
state permitting authorities. Section 505(b)(2) of the Act authorizes
any person to petition the EPA Administrator within 60 days after the
expiration of the EPA review period to object to state operating
permits if EPA has not done so. A petition must be based only on
objections to the permit that were raised with reasonable specificity
during the public comment period provided by the state, unless the
petitioner demonstrates that it was impracticable to raise issues
during the comment period, or the grounds for the issues arose after
this period.
    On October 2, 2012, David Bender of McGillivray Westerberg & Bender
LLC, submitted a petition to EPA on behalf of the Sierra Club,
requesting that EPA object to the Title V operating permit for the
Wisconsin Public Service Corporation--JP Pulliam Plant. The petition
raised issues regarding: (1) the alleged failure to include heat input
limits from permits issued in 1987 and 1988 and/or reflect Prevention
of Significant Deterioration/Nonattainment New Source Review
requirements; and (2) the sufficiency of particulate matter monitoring
for boilers B24--B27.
    On January 7, 2013, the Administrator issued an order denying the
petition. The order explains the reasons behind EPA's conclusions.

    Dated: January 17, 2013.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2013-02105 Filed 1-30-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Notices]
[Pages 62148-62149]
[FR Doc No: 2011-25775]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[NHTSA 2011-0147]

Information Collection Activities: Submission for the Office of
Management and Budget (OMB) Review; Request for Comment

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of the OMB review of information collection and
solicitation of public comment.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. chapter 35), this notice announces that the Information
Collection Request (ICR) abstracted below will be submitted to the
Office of Management and Budget (OMB) for review. The ICR describes the
nature of the information collection and its expected burden. A Federal
Register notice with a 60-day comment period soliciting public comments
on the following information collection was published on December 22,
2010 (75 FR 80542).

DATES: Submit comments to the Office of Management and Budget (OMB) on
or before November 7, 2011.

FOR FURTHER INFORMATION CONTACT: Walter Culbreath and Stephanie
Purnell, Office of the Chief Information Officer (NPO 400), National
Highway Traffic Safety Administration, W51-204, Department of
Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590,
(202) 366-1566.

SUPPLEMENTARY INFORMATION: Title: Generic Clearance for the Collection
of Qualitative Feedback on Agency Service Delivery.
    Form No.: None.
    Type of Review: New information request.
    Respondents: State and local agencies, general public and stake
holders, safety organizations and advocate groups.
    Estimated Number of Respondents: 113,582.
    Estimated Time per Response: Range from 10-120 minutes.
    Total Estimated Annual Burden Hours: 20,204.
    Frequency of Collection: Generally, on an annual basis.
    Abstract: NHTSA develops, promotes and implements effective
educational, engineering, and enforcement programs toward ending
preventable tragedies and reducing economic costs associated with
vehicle use and highway travel. Executive Order 12862 mandates that
agencies survey their customers to identify the kind and quality of
services they want and their level of satisfaction with existing
services. Other requirements include the Governmental Performance and
Results Act (GPRA) of 1993 which promotes a new focus on results,
service quality, and customer satisfaction. As NHTSA continuously works
to ensure that its programs are effective and meet its customer's
needs, NHTSA seeks to obtain OMB approval of a generic clearance to
collect qualitative feedback from its customers on NHTSA service
delivery. Surveys will be undertaken to understand customer needs,
satisfaction with products and services, perspectives on highway safety
problems, forecast safety trends and achieve the agency's goals. This
feedback will provide insight into customer or stakeholder perception,
provide an early warning of issues with products or services, and focus
attention on areas of communication in operations that might improve
the delivery of products or services.
    ADDRESSES: Send comments regarding the burden estimate, including
suggestions for reducing the burden, to the Office of Management and
Budget (OMB), Attention: Desk Officer for Department of Transportation,
National Highway Traffic Safety Administration, Office of Information
and Regulatory Affairs, Office of Management and Budget, 725 17th
Street, NW., Docket Library, Room 10102, Washington, DC 20503, or by e-
mail at<EMAIL_ADDRESS>or fax:<PHONE_NUMBER>.
    Comments Are Invited On: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department of Transportation, including whether the information
will have practical utility; the accuracy of the Department's estimate
of the burden of the proposed information collection; ways to enhance
the quality, utility and clarity of the information to be collected;
and ways to minimize the burden of the collection of information on
respondents, including the use of automated collection techniques or
other forms of information

technology. A comment to OMB is most effective if OMB receives it
within 30 days of publication of this notice.

    Issued in Washington, DC, on September 29, 2011.
Walter Bohorfoush,
Director, Office of Systems Integration.
[FR Doc. 2011-25775 Filed 10-5-11; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register: July 5, 2011 (Volume 76, Number 128)]
[Rules and Regulations]
[Page 39015-39018]
[DOCID:fr05jy11-11]

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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Part 1509, 1542 and 1552

[EPA-HQ-OARM-2010-1032; FRL-9428-6]

Contractor Performance Information

AGENCY: Environmental Protection Agency (EPA),

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency is issuing a final rule to
amend the Environmental Protection Agency Acquisition Regulation
(EPAAR) to establish new procedures for recording and maintaining
contractor performance information. EPA is issuing a final rule because
the changes are procedural in nature, and we do not anticipate any
adverse comments.

DATES: This rule is effective October 3, 2011 without further action,
unless adverse comment is received by August 4, 2011. If adverse
comment is received, the EPA will publish a timely withdrawal of the
rule in the Federal Register.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OARM-2010-1032, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: EPA-HQ-OARM-2010-1032, OEI Docket, Environmental
Protection Agency, 2822T, 1200 Pennsylvania Ave., NW., Washington, DC
20460. Please include a total of three (3) copies.
     Hand Delivery: EPA Docket Center-Attention OEI Docket, EPA
West, Room B102, 1301 Constitution Ave., NW., Washington, DC 20004.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.

Instructions: Direct your comments to Docket ID No. EPA-HQ-OARM-2010-
1032. EPA's policy is that all comments received will be included in
the public docket without change, and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket, and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment, and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties, and cannot contact you for clarification, EPA
may not be able to consider your comment.

Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov, or in hard copy at the Government
Property-Contract Property Administration Docket, EPA/DC, EPA West,
Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the EPA
Docket Center is<PHONE_NUMBER>. This Docket Facility is open from 8:30
a.m. to 4:30 p.m. Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Staci Ramrakha, Policy, Training, and
Oversight Division, Acquisition Policy and Training Service Center
(3802R), Environmental Protection Agency, 1200 Pennsylvania Avenue,
NW., Washington DC 20460; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

    1. Submitting Classified Business Information (CBI). Do not submit
this information to EPA through http://www.regulations.gov or e-mail.
Clearly mark the part or all of the information that you claim to be
CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark
the outside of the disk or CD-ROM as CBI, and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket.
    Information so marked will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

II. Background

    The EPA recently transitioned from the National Institutes of
Health's Contractor Performance System (CPS) to the Department of
Defense's Contractor Performance Assessment Reporting System (CPARS).
As a result, the requirement to use CPS is being removed from the EPAAR
and applicable CPARs instructions are being added. In addition, all
past performance requirements are being moved from subpart 1509 to 1542
in order to align with past performance information in the FAR.

III. Final Rule

    This final rule makes the following changes: (1) Remove EPAAR 1509-
170, Contractor Performance Evaluations; (2) Remove EPAAR clause
1552.209-76, Contractor Performance Evaluations; (3) Add EPAAR 1542.15,
Contractor Performance Information; (4) Add EPAAR 1552.242-71,
Contractor Performance Evaluations.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b).

C. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.

    The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute, unless the agency certifies that the rule will not have
a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
    For purposes of assessing the impact of today's proposed rule on
small entities, ``small entity'' is defined as: (1) A small business
that meets the definition of a small business found in the Small
Business Act and codified at 13 CFR 121.201; (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; or
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated, and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, because the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the proposed rule on small entities'' 5 U.S.C. 603
and 604. Thus, an agency may certify that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic effect on all of the small entities subject to the rule. Since
documenting past performance is applicable to large and small entities,
this rule will not have a significant economic impact on small
entities. We continue to be interested in the potential impacts of the
proposed rule on small entities and welcome

comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

    This rule does not contain a Federal mandate that may result in
expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate, or the private sector in any one year.
Any private sector costs for this action relate to paperwork
requirements and associated expenditures that are far below the level
established for UMRA applicability. Thus, this rule is not subject to
the requirements of sections 202 or 205 of UMRA. This rule is also not
subject to the requirements of section 203 of UMRA because it contains
no regulatory requirements that might significantly or uniquely affect
small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects 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, as
specified in Executive Order 13132. Thus, Executive Order 13132 does
not apply to this action. In the spirit of Executive Order 13132, and
consistent with EPA policy to promote communications between EPA and
State and local governments, EPA specifically solicits comment on this
proposed action from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). Thus, Executive
Order 13175 does not apply to this action. In the spirit of Executive
Order 13175, and consistent with EPA policy to promote communication
between EPA and Tribal governments, EPA specifically solicits
additional comment on this proposed rule from Tribal officials.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the EO has the
potential to influence the regulation. This action is not subject to EO
13045 because it does not establish an environmental standard intended
to mitigate health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer and Advancement Act of 1995

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. NTTAA directs EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use available and applicable voluntary consensus standards.
    This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment.

K. Congressional Review

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804 exempts from section 801 the following types
of rules (1) rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required
to submit a rule report regarding today's action under section 801
because this is a rule of agency organization, procedure, or practice
that does not substantially affect the rights or obligations of non-
agency parties.

List of Subjects in 48 CFR Parts 1509, 1542 and 1552

    Environmental protection, Contractor performance information,
Describing agency needs.

    Dated: June 27, 2011.
John R. Bashista,
Director, Office of Acquisition Management.

    Therefore, 48 CFR Chapter 15 is amended as set forth below:

0
1. The authority citation for 48 CFR parts 1509, 1542 and 1552
continues to read as follows:

5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c); and 41 U.S.C. 418b

PART 1509--CONTRACTOR QUALIFICATIONS

Subpart 1509.170 [Removed]

0
2. Remove subpart 1509.170, consisting of 1509.170-1 through 1509.170-
8.

PART 1542--CONTRACT ADMINISTRATION

0
3. Add subpart 1542.15, consisting of 1542.1500 and 1542.1502 through
1542.1504, to read as follows:
Subpart 1542.15--Contractor Performance Information
Sec.
1542.1500 Scope of subpart.
1542.1502 Policy.
1542.1503 Procedures.
1542.1504 Clauses.

Subpart 1542.15--Contractor Performance Information

Sec.  1542.1500   Scope of subpart.

    This subpart provides EPA policies and establishes responsibilities
for recording and maintaining contractor performance information.

Sec.  1542.1502   Policy.

    EPA contracting officers shall prepare an evaluation of contractor
performance for all applicable contracts and orders with a total
estimated value greater than the simplified acquisition threshold in
accordance with FAR 42.1502. For acquisitions involving options, the
total estimated value of the acquisition shall include the estimated
base amount plus the option(s) amount(s). Evaluations shall be
completed no later than 120 days after the end of the evaluation
period.

Sec.  1542.1503   Procedures.

    (a) Past Performance Database. EPA contracting officers shall use
the Contractor Performance Assessment Reporting System (CPARS) which
has connectivity with the Past Performance Information Retrieval System
(PPIRS).
    (b) Frequency and Types of Report. CPARS includes four types of
reports: Initial, Intermediate, Final and Out-of-Cycle.
    (1) An initial report is required for new contracts/orders meeting
the thresholds in FAR 42.15 with a period of performance greater than
365 days. The initial CPAR must reflect evaluation of at least the
first 180 days of performance and may include up to the first 365 days
of performance.
    (2) Intermediate reports are due every 12 months throughout the
entire period of the contract after the initial report and up to the
final report. While formal reports are only required every 12 months,
contracting officers should discuss past performance with contractors
on an ongoing basis.
    (3) A final report shall be prepared upon contract completion.
Contracts/orders with less than 365 days performance only require a
final report. For contracts longer than 365 days, the final report is
not cumulative and covers only the period of performance following the
last intermediate report. Final past performance reports must be
completed prior to contract closeout.
    (4) An out-of-cycle report may be prepared when there is a
significant change of performance that alters the assessment in one or
more evaluation areas. The contractor may request an Out-of-cycle
report be prepared; however, the decision of whether or not to do so is
at the discretion of the contracting officer. An out-of-cycle report
does not alter the annual intermediate reporting requirement.
    (c) Preparing the Evaluation. The contracting officer's
representative shall initiate all reviews and forward to the
contracting officer for approval. The content of the evaluations shall
be based on objective data supportable by program and contract
management records. Remarks should be tailored to the contract type,
size, content, and complexity. Contracting officers should provide
their own input on the evaluation as applicable and obtain input from
the program office, administrative contracting office, end users of the
product or service, and any other technical or business advisor, as
appropriate.
    (d) Small Business Subcontracting Plan. Evaluations shall include
an assessment of contractor performance against and efforts to achieve
the goals identified in the small business subcontracting plan when the
contract includes the clause at FAR 52.219-9, Small Business
Subcontracting Plan.
    (e) Novation Agreements/Name Changes. In cases of novations
involving successors-in-interest, a final evaluation of the predecessor
contractor's performance must be accomplished. The predecessor
contractor's final past performance report shall cover the last 12
months (or less) of contract or order performance. In cases of change-
of-name agreements, the system shall be changed to reflect the new
contractor's name.
    (f) File Documentation. Copies of the evaluation, contractor
response, and review comments (if any) shall be retained as part of the
evaluation, and hard copies shall be contained in contract files.

Sec.  1542.1504   Clauses.

    EPA contracting officers shall insert the contract clause at
1552.242-71 in all solicitations, contracts, and orders requiring past
performance reports in accordance with FAR Subpart 42.1502. For
acquisitions involving options, the total estimated value of the
acquisition shall include the estimated base amount plus the option(s)
amount(s).

PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Sec.  1552.209-76   [Removed]

0
4. Remove 1552.209-76.

0
5. Add 1552.242-71 to read as follows:

Sec.  1552.242-71   Contractor performance evaluations.

    As prescribed in section 1542.1504, insert the following clause in
all applicable solicitations and contracts.

Contractor Performance Evaluations

    In accordance with Federal Acquisition Regulation (FAR) Subpart
42.15 and EPAAR 1542.15, the EPA will prepare and submit past
performance evaluations to the Past Performance Information
Retrieval System (PPIRS). Evaluation reports will be documented not
later than 120 days after the end of an evaluation period by using
the Contractor Performance Assessment Reporting System (CPARS) which
has connectivity with PPIRS. Contractors must register in CPARS in
order to view/comment on their past performance reports.

[FR Doc. 2011-16632 Filed 7-1-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8730-8731]
[FR Doc No: 2015-03229]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74256; File No. SR-ICC-2014-21]

Self-Regulatory Organizations; ICE Clear Credit LLC; Order
Approving Proposed Rule Change To Provide for the Clearance of
Additional Standard Western European Sovereign Single Names

February 11, 2015.

I. Introduction

    On December 16, 2014, ICE Clear Credit LLC (``ICC'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change SR-ICC-2014-21 pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder.\2\ The
proposed rule change was published for comment in the Federal Register
on January 2, 2015.\3\ The Commission received one comment.\4\ For the
reasons discussed below, the Commission is approving the proposed rule
change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 34-73941 (Dec. 24,
2014), 80 FR 75 (Jan. 2, 2015) (File No. SR-ICC-2014-21).
    \4\ See Comment from Anonymous, dated January 23, 2015,
available at http://www.sec.gov/comments/sr-icc-2014-21/icc201421-1.htm (stating ``Good Idea'').
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    ICC proposes to adopt rules that will provide the basis for ICC to
clear additional credit default swap (``CDS'') contracts. Specifically,
ICC is proposing to amend Section 26I of its Rules to provide for the
clearance of additional Standard Western European Sovereign CDS
contracts (collectively, ``SWES Contracts''). ICC has been approved to
clear four SWES Contracts: the Republic of Ireland, the Italian
Republic, the Portuguese Republic, and the Kingdom of Spain.\5\ The
proposed changes to the ICC Rules would provide for the clearance of
additional SWES Contracts, specifically the Kingdom of Belgium and the
Republic of Austria (the ``Additional SWES Contracts'').
---------------------------------------------------------------------------

    \5\ See Exchange Act Release No. 34-72941(Nov. 5, 2014), 79 FR
67213 (Nov. 12, 2014) (File No. SR-ICC-2014-14) (order approving
rule change to clear other Western European sovereign CDS contracts)
(the ``Prior WES Order'').
---------------------------------------------------------------------------

    ICC states that these Additional SWES Contracts will be offered on
the 2003 and 2014 ISDA Credit Derivatives Definitions. ICC believes
that the addition of these SWES Contracts will benefit the market for
credit default swaps on Western European sovereigns by providing market
participants the benefits of clearing, including reduction in
counterparty risk and safeguarding of margin assets pursuant to
clearing house rules. According to ICC, the clearing of the additional
SWES Contracts will not require any changes in ICC's risk management
framework (including relevant policies) or margin model. ICC represents
that the Additional SWES Contracts have terms consistent with the other
SWES Contracts which ICC has been approved to clear and which will be
governed by Subchapter 26I of the ICC rules, namely the Republic of
Ireland, the Italian Republic, the Portuguese Republic, and the Kingdom
of Spain.
    ICC proposes minor revisions to Subchapter 26I (Standard Western
European Sovereign (``SWES'') Single Name) to provide for clearing the
additional SWES Contracts. Rule 26I-102 will be modified to include the
Kingdom of Belgium and the Republic of Austria in the list of specific
Eligible SWES Reference Entities to be cleared by ICC. Additionally, in
ICC Rule 26D-102 (Definitions), the definition of ``Eligible SES
Reference Entity'' will be modified to correct a typographical error
and correctly identify the reference entity for a cleared product as
Hungary (as opposed to the Republic of Hungary).

III. Comments

    The Commission received one comment supporting approval of the
proposed rule change. In this anonymous comment, the author expressed
general support for the proposal but did not opine on any particular
aspects of the proposal or offer any specific comment beyond a
statement of general support.

IV. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act \6\ directs the Commission to
approve a proposed rule change of a self-regulatory organization if the
Commission finds that such proposed rule change is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to such self-regulatory organization. Section 17A(b)(3)(F)
of the Act \7\ requires, among other things, that the rules of a
clearing agency are designed to promote the prompt and accurate
clearance and settlement of securities transactions and, to the extent
applicable, derivative agreements, contracts, and transactions, to
assure the safeguarding of securities and funds which are in the
custody or control of the clearing agency or for which it is
responsible and, in general, to protect investors and the public
interest.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2)(C).
    \7\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The Commission finds that clearing of the Additional SWES Contracts
is consistent with the requirements of Section 17A of the Act \8\ and
regulations thereunder applicable to it, including the standards under
Rule 17Ad-22.\9\ The proposed change will provide for clearing of
Additional SWES Contracts in the same manner as other SWES Contracts.
Specifically, the new contracts will be cleared, and the risk
associated with clearing the new contracts will be appropriately
managed, pursuant to ICC's existing margin and guaranty fund
methodology, operational and managerial procedures, settlement
procedures and default management policies. The Commission believes
that the proposal is therefore designed to promote the prompt and
accurate clearance and settlement of securities transactions and
derivative agreements, contracts and transactions cleared by ICC, to
assure the safeguarding of securities and funds in the custody or
control of ICC, and to protect investors and the public interest,
within the meaning of is designed to promote the prompt and accurate

clearance and settlement of securities transactions, consistent with
Section 17A(b)(3)(F) of the Act.\10\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78q-1.
    \9\ 17 CFR 240.17Ad-22.
    \10\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

V. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposal is consistent with the requirements of the Act and in
particular with the requirements of Section 17A of the Act \11\ and the
rules and regulations thereunder.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\12\ that the proposed rule change (SR-ICC-2014-21) be, and hereby
is, approved.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2).
    \13\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition and
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-03229 Filed 2-17-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: November 19, 2009 (Volume 74, Number 222)]
[Notices]
[Page 60019-60020]
[DOCID:fr19no09-89]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Executive Committee of the Aviation Rulemaking Advisory
Committee; Meeting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of meeting.

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of the Executive Committee of the Aviation Rulemaking Advisory
Committee.

DATES: The meeting will be on December 9, 2009, at 10 a.m.

ADDRESSES: The meeting will take place at the Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591,
10th floor, MacCracken Room.

FOR FURTHER INFORMATION CONTACT: Gerri Robinson, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591,
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under section 10(a)(2) of the Federal
Advisory Committee Act (5 U.S.C. App. 2), we are giving notice of a
meeting of the Executive Committee of the Aviation

Rulemaking Advisory Committee taking place on December 9, 2009, at the
Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591. The agenda includes:
    1. Commercial Air Tour Maintenance (CATM) Working Group update.
    2. FAA's Fall Certification, Management, Review (CMR) Meeting
Industry Day Presentation--Rulemaking Harmonization update.
    3. Continuous Improvement (Committee Process).
    New ARAC Task--Advice and Recommendations to FAA about current ARAC
process.
    4. Status Reports.
    5. Remarks from other EXCOM members.

Attendance is open to the interested public but limited to the space
available. The FAA will arrange teleconference service for individuals
wishing to join in by teleconference if we receive notice by December
1. Arrangements to participate by teleconference can be made by
contacting the person listed in the FOR FURTHER INFORMATION CONTACT
section. Callers outside the Washington metropolitan area are
responsible for paying long-distance charges.
    The public must arrange by December 1 to present oral statements at
the meeting. Members of the public may present written statements to
the executive committee by providing 25 copies to the Executive
Director, or by bringing the copies to the meeting.
    If you are in need of assistance or require a reasonable
accommodation for this meeting, please contact the person listed under
the heading FOR FURTHER INFORMATION CONTACT.

    Issued in Washington, DC on November 16, 2009.
Pamela A. Hamilton-Powell,
Executive Director, Aviation Rulemaking Advisory Committee.
[FR Doc. E9-27812 Filed 11-18-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 139 (Friday, July 19, 2013)]
[Notices]
[Pages 43193-43194]
[FR Doc No: 2013-17333]

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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
corporate filings:

    Docket Numbers: EC13-125-000.
    Applicants: CalPeak Power LLC, CalPeak Power--Border LLC, CalPeak
Power--Panoche LLC, CalPeak Power--Vaca Dixon LLC, CalPeak Power--
Enterprise LLC.
    Description: Application of CalPeak Power, LLC, et al. for
Authorization under Section 203 of the Federal Power Act for
Disposition of Jurisdictional Facilities and Requests for Expedited
Consideration and Confidential Treatment.
    Filed Date: 7/10/13.
    Accession Number: 20130710-5255.
    Comments Due: 5 p.m. ET 7/31/13.

    Docket Numbers: EC13-126-000.
    Applicants: Starwood Power-Midway, LLC.
    Description: Application of Starwood Power-Midway, LLC for
Authorization under Section 203 of the Federal Power Act for
Disposition of Jurisdictional Facilities and Requests for Expedited
Consideration and Confidential Treatment.
    Filed Date: 7/10/13.
    Accession Number: 20130710-5257.
    Comments Due: 5 p.m. ET 7/31/13.

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

    Docket Numbers: ER11-1858-002; ER11-1859-001.
    Applicants: NorthWestern Corporation, Montana Generation, LLC.
    Description: NorthWestern Corporation, et al. submits an updated
market power screen analysis for wholesale electricity markets in the
Northwest Region.
    Filed Date: 7/1/13.
    Accession Number: 20130703-0016.
    Comments Due: 5 p.m. ET 8/30/13.

    Docket Numbers: ER13-1943-001.

    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 07-10-13 to be effective 1/1/2014.
    Filed Date: 7/11/13.
    Accession Number: 20130711-5000.
    Comments Due: 5 p.m. ET 8/26/13.

    Docket Numbers: ER13-1948-000.
    Applicants: Southern California Edison Company.
    Description: GIA and Distribution Service Agmt with Searles Valley
Minerals to be effective 7/13/2013.
    Filed Date: 7/11/13.
    Accession Number: 20130711-5001.
    Comments Due: 5 p.m. ET 8/1/13.

    Docket Numbers: ER13-1949-000.
    Applicants: Southern California Edison Company.
    Description: Amended Distribution Service Agreement with Cascade
Solar to be effective 6/1/2013.
    Filed Date: 7/11/13.
    Accession Number: 20130711-5002.
    Comments Due: 5 p.m. ET 8/1/13.

    Docket Numbers: ER13-1950-000.
    Applicants: Southern California Edison Company.
    Description: Amended Distribution Service Agreement with City of
Banning-Devers-Mirage Split to be effective 6/1/2013.
    Filed Date: 7/11/13.
    Accession Number: 20130711-5003.
    Comments Due: 5 p.m. ET 8/1/13.

    Docket Numbers: ER13-1951-000.
    Applicants: Niagara Mohawk Power Corporation.
    Description: Notice of Cancellation of Interconnection Agreement
with Indeck-Yerkes Limited Partnership of Niagara Mohawk Power
Corporation.
    Filed Date: 7/10/13.
    Accession Number: 20130710-5251.
    Comments Due: 5 p.m. ET 7/31/13.

    Docket Numbers: ER13-1952-000.
    Applicants: Niagara Mohawk Power Corporation.
    Description: Notice of Cancellation of Interconnection Agreement
with Indeck-Olean Limited Partnership of Niagara Mohawk Power
Corporation.
    Filed Date: 7/10/13.
    Accession Number: 20130710-5252.
    Comments Due: 5 p.m. ET 7/31/13.

    Docket Numbers: ER13-1953-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Midcontinent Independent System Operator, Inc. submits
07-11-2013 BREC-KU T-T IA Cert of Concur to be effective 9/3/2013.
    Filed Date: 7/11/13.
    Accession Number: 20130711-5042.
    Comments Due: 5 p.m. ET 8/1/13.

    Docket Numbers: ER13-1954-000.
    Applicants: Aragonne Wind LLC.
    Description: Request for Waiver of Tariff Provision by Aragonne
Wind LLC under ER13-1954.
    Filed Date: 7/10/13.
    Accession Number: 20130710-5253.
    Comments Due: 5 p.m. ET 7/31/13.

    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: July 11, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-17333 Filed 7-18-13; 8:45 am]
BILLING CODE 6717-01-P