[Federal Register Volume 85, Number 27 (Monday, February 10, 2020)]
[Notices]
[Pages 7566-7567]
[FR Doc No: 2020-02531]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0796]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Testing
Communications on Medical Devices and Radiation-Emitting Products

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by March
11, 2020.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
Fax:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0678.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Testing Communications on Medical Devices and Radiation-Emitting
Products

OMB Control Number 0910-0678--Extension

    FDA is authorized by section 1003(d)(2)(D) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 393(d)(2)(D)) to conduct educational
and public information programs relating to the safety of regulated
medical devices and radiation-emitting products. FDA must conduct
needed research to ensure that such programs have the highest
likelihood of being effective. Improving communications about medical
devices and radiation emitting products will involve many research
methods, including individual indepth interviews, mall-intercept
interviews, focus groups, self-administered surveys, gatekeeper
reviews, and omnibus telephone surveys.
    The information collected will serve three major purposes. First,
as formative research it will provide critical knowledge needed about
target audiences to develop messages and campaigns about medical device
and radiation-emitting product use. Knowledge of consumer and
healthcare professional decision-making processes will provide the
better understanding of target audiences that FDA needs to design
effective communication strategies, messages, and labels. These
communications will aim to improve public understanding of the risks
and benefits of using medical devices and radiation-emitting products
by providing users with a better context in which to place risk
information more completely.
    Second, as initial testing, it will allow FDA to assess the
potential effectiveness of messages and materials in reaching and
successfully communicating with their intended audiences. Testing
messages with a sample of the target audience will allow FDA to refine
messages while still in the developmental stage. Respondents will be
asked to give their reaction to the messages in either individual or
group settings.
    Third, as evaluative research, it will allow FDA to ascertain the
effectiveness of the messages and the distribution method of these
messages in achieving the objectives of the message campaign.
Evaluation of campaigns is a vital link in continuous improvement of
communications at FDA.
    Annually, FDA projects conducting about 30 studies using a variety
of research methods and lasting an average of 0.17 hours each (varying
from 0.08 to 1.5 hours). FDA estimates the burden of this collection of
information based on prior experience with the various types of data
collection methods described earlier. FDA is requesting this burden so
as not to restrict the Agency's ability to gather information on public
sentiment for its proposals in its regulatory and communications
programs.
    In the Federal Register of November 15, 2019 (84 FR 62541), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                   Number of
           Activity                Number of     responses per   Total annual    Average burden     Total hours
                                  respondents     respondent       responses      per response
----------------------------------------------------------------------------------------------------------------
Individual Indepth Interviews.             360               1             360  0.75 (45                     270
                                                                                minutes).
General Public Focus Group                 144               1             144  1.5.............             216
 Interviews.
Intercept Interviews: Central              200               1             200  0.25 (15                      50
 Location.                                                                       minutes).
Intercept Interviews:                    4,000               1           4,000  0.08 (5 minutes)             320
 Telephone.
Self-Administered Surveys.....           2,400               1           2,400  0.25 (15                     600
                                                                                minutes).
Gatekeeper Reviews............             400               1             400  0.5 (30 minutes)             200
Omnibus Surveys...............           1,200               1           1,200  0.17 (10                     204
                                                                                minutes).
                               ---------------------------------------------------------------------------------
    Total (General Public)....           8,704  ..............           8,702  ................           1,860
Physician Focus Group                      144               1             144  1.5.............             216
 Interviews.
                               ---------------------------------------------------------------------------------
    Total (Physician).........             144  ..............  ..............  ................             216
                               ---------------------------------------------------------------------------------
    Total (Overall)...........           8,848  ..............  ..............  ................           2,076
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Based on a review of the information collection since our last
request for OMB approval, we have made no adjustments to our burden
estimate.

    Dated: February 4, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-02531 Filed 2-7-20; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 80, Number 200 (Friday, October 16, 2015)]
[Notices]
[Pages 62578-62580]
[FR Doc No: 2015-26326]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76121; File No. SR-FINRA-2015-037]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Extend the TRACE Pilot Program in FINRA Rule
6730(e)(4)

October 9, 2015.
    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 September 28, 2015, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by FINRA. FINRA has designated
the proposed rule change as constituting a ``non-controversial'' rule
change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which
renders the proposal effective upon receipt of this filing by 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 Substance
of the Proposed Rule Change

    FINRA is proposing to extend the pilot program in FINRA Rule
6730(e)(4) to October 27, 2017. The pilot program exempts from TRACE
reporting transactions in TRACE-Eligible Securities that are executed
on a facility of the New York Stock Exchange

(``NYSE''), subject to specified conditions.
    Below is the text of the proposed rule change. Proposed new
language is in italics; proposed deletions are in brackets.
* * * * *

6700. TRADE REPORTING AND COMPLIANCE ENGINE (TRACE)

* * * * *

6730. Transaction Reporting

    (a) through (d) No Change.
    (e) Reporting Requirements for Certain Transactions and Transfers
of Securities
    The following shall not be reported:
    (1) through (3) No Change.
    (4) Provided that a data sharing agreement between FINRA and NYSE
related to transactions covered by this Rule remains in effect, for a
pilot program expiring on [October 23, 2015] October 27, 2017,
transactions in TRACE-Eligible Securities that are executed on a
facility of NYSE in accordance with NYSE Rules 1400, 1401 and 86 and
reported to NYSE in accordance with NYSE's applicable trade reporting
rules and disseminated publicly by NYSE.
    (5) through (6) No Change.
    (f) No Change.

* * * Supplementary Material:

    .01 through .02 No Change.
* * * * *

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

    In its filing with the Commission, FINRA 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. FINRA 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
    FINRA Rule 6730(e)(4) exempts members from reporting to the Trade
Reporting and Compliance Engine (``TRACE'') transactions in TRACE-
Eligible Securities \4\ that are executed on a facility of NYSE in
accordance with specified NYSE rules and that are reported to NYSE and
disseminated publicly, provided that a data sharing agreement between
FINRA and NYSE related to transactions covered by FINRA Rule 6730
remains in effect. This exemption operates as a pilot program and is
currently scheduled to expire on October 23, 2015.\5\
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    \4\ Rule 6710(a) provides that a ``TRACE-Eligible Security'' is
a debt security that is United States dollar-denominated and issued
by a U.S. or foreign private issuer, and, if a ``restricted
security'' as defined in Securities Act Rule 144(a)(3), sold
pursuant to Securities Act Rule 144A; or is a debt security that is
U.S. dollar-denominated and issued or guaranteed by an Agency as
defined in paragraph (k) or a Government-Sponsored Enterprise as
defined in paragraph (n). ``TRACE-Eligible Security'' does not
include a debt security that is: Issued by a foreign sovereign, a
U.S. Treasury Security as defined in paragraph (p), or a Money
Market Instrument as defined in paragraph (o).
    \5\ See Securities Exchange Act Release No. 54768 (November 16,
2006), 71 FR 67673 (November 22, 2006) (Order Approving File No. SR-
NASD-2006-110) (pilot program in FINRA Rule 6730(e)(4), subject to
the execution of a data sharing agreement addressing relevant
transactions, became effective on January 9, 2007); Securities
Exchange Act Release No. 59216 (January 8, 2009), 74 FR 2147
(January 14, 2009) (Notice of Filing and Immediate Effectiveness of
File No. SR-FINRA-2008-065) (pilot program extended to January 7,
2011); Securities Exchange Act Release No. 63673 (January 7, 2011),
76 FR 2739 (January 14, 2011) (Notice of Filing and Immediate
Effectiveness of File No. SR-FINRA-2011-002) (pilot program extended
to July 8, 2011); Securities Exchange Act Release No. 64665 (June
14, 2011), 76 FR 35933 (June 20, 2011) (Notice of Filing and
Immediate Effectiveness of File No. SR-FINRA-2011-025) (pilot
program extended to January 27, 2012); Securities Exchange Act
Release No. 66018 (December 21, 2011), 76 FR 81549 (December 28,
2011) (Notice of Filing and Immediate Effectiveness of File No. SR-
FINRA-2011-072) (pilot program extended to October 26, 2012);
Securities Exchange Act Release No. 68076 (October 22, 2012), 77 FR
65431 (October 26, 2012) (Notice of Filing and Immediate
Effectiveness of File No. SR-FINRA-2012-047) (pilot program extended
to October 25, 2013); and Securities Exchange Act Release No. 70288
(August 29, 2013), 78 FR 54694 (September 5, 2013) (Notice of Filing
and Immediate Effectiveness of File No. SR-FINRA-2013-038) (pilot
program extended to October 23, 2015).
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    FINRA is proposing to extend the pilot program for two years until
October 27, 2017. Thus, members would continue to be exempted from
reporting to TRACE transactions in TRACE-Eligible Securities that are
executed on an NYSE facility in accordance with NYSE Rules 1400, 1401
and 86, where such transactions are reported to NYSE in accordance with
NYSE's applicable trade reporting rules, and disseminated publicly by
NYSE.\6\
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    \6\ The success of the pilot program remains dependent on
FINRA's ability to continue to effectively conduct surveillance for
TRACE-Eligible Securities. The exemption, therefore, continues to be
conditional on a data sharing agreement being in effect between
FINRA and NYSE related to transactions covered by FINRA Rule 6730.
---------------------------------------------------------------------------

    FINRA is proposing to extend the pilot to provide additional time
to analyze the impact of the exemption and to avoid duplicative
reporting requirements for members with regard to transactions in these
securities, which otherwise would be subject to trade reporting to both
FINRA and NYSE. However, FINRA supports a regulatory construct that, in
the future, consolidates all last sale transaction information to
provide better price transparency and a more efficient means to engage
in market surveillance of TRACE-Eligible Securities transactions. The
proposed extension would allow the pilot program to continue to operate
without interruption while FINRA and NYSE continue to assess the effect
of the exemption and issues regarding the consolidation of market data,
market surveillance and price transparency.
    FINRA has filed the proposed rule change for immediate
effectiveness. The implementation date will be October 23, 2015.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\7\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest.
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    \7\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

    FINRA believes that extension of the pilot protects investors and
the public because it continues to ensure that transactions are
required to be reported and publicly disseminated; therefore,
transparency will be maintained for these transactions. The continued
condition that a data sharing agreement remain in effect between NYSE
and FINRA for transactions covered by the FINRA Rule 6730(e)(4)
exemption allows FINRA to continue to conduct surveillance in TRACE-
Eligible Securities. In addition, extending the exemption permits
members that are subject to both FINRA's and NYSE's trade reporting
requirements to avoid a duplicative regulatory structure and the
increased costs that may be incurred as a result of such duplicative
requirements.

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

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. FINRA believes that the
extension of the exemptive provision does not result in any burden on
competition since it allows members that are subject to both

FINRA's and NYSE's trade reporting requirements to avoid a duplicative
regulatory structure and the increased costs that may be incurred as a
result of such duplicative requirements.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6) \9\
thereunder.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), FINRA provided the Commission with written notice of
its intent to file the proposed rule change, along with a brief
description and the text of the proposed rule change, at least five
business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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    FINRA has asked the Commission to waive the 30-day operative delay
so that the pilot may continue to operate without interruption. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
This action will continue to allow the benefits of the pilot--
preventing duplicative reporting of transactions in TRACE-Eligible
Securities that occur on NYSE--to continue without interruption.
Therefore, the Commission hereby designates the proposed rule change as
operative upon filing.\10\
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    \10\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2015-037 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2015-037. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing will also be available
for inspection and copying at the principal office of FINRA. 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-FINRA-2015-037 and should be
submitted on or before November 6, 2015.
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    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-26326 Filed 10-15-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: February 20, 2008 (Volume 73, Number 34)]
[Notices]
[Page 9326-9327]
[DOCID:fr20fe08-65]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0102; FRL-8351-8]

Exposure Modeling Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: An Exposure Modeling Public Meeting (EMPM) will be held for
one day on March 11, 2008. This notice announces the location and time
for the meeting and sets forth the tentative agenda topics.

DATES: The meeting will be held on March 11, 2008 from 9 a.m. to 4 p.m.
    To request accommodation of a disability, please contact the person
listed under FOR FURTHER INFORMATON CONTACT, preferably at least 10
days prior to the meeting, to give EPA as much time as possible to
process your request.

ADDRESSES: The meeting will be held at EPA, Office of Pesticide
Programs (OPP), One Potomac Yard (South Bldg.), 1\st\ Floor South
Conference Room, 2777 S. Crystal Drive, Arlington, VA 22202.

FOR FURTHER INFORMATION CONTACT: Michael Barrett, Environmental Fate
and Effects Division (7507P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are required
to conduct testing of chemical substances under the Toxic Substances
Control Act (TSCA), the Federal Food, Drug and Cosmetic Act (FFDCA), or
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Since
other entities may also be interested, the Agency has not attempted to
describe all the specific entities that may be affected by this action.
If you have nay questions regarding the applicability of this action to
a particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket ID number EPA-HQ-OPP-2008-0102. Publicly available docket
materials are available either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the Office

of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. Background

    On a triannual interval, an Exposure Modeling Public Meeting will
be held for presentation and discussion of current issues in modeling
pesticide fate, transport, and exposure in support of risk assessment
in a regulatory context. Meeting dates and abstract

requests are announced through the ``empmlist'' forum on the LYRIS list
server at https://lists.epa.gov/read/all_forums/.

III. How Can I Request to Participate in this Meeting?

    You may submit a request to participate in this meeting to the
person listed under FOR FURTHER INFORMATION CONTACT. Do not submit any
information in your request that is considered CBI. Requests to
participate in the meeting, identified by docket ID number EPA-HQ-OPP-
2008-0102, must be received on or before [15 days after date of
publication in the Federal Register].

IV. Tentative Topics for the Meeting

    General Theme: Large-Scale Monitoring for Contaminant Modeling:
Strategies, Results, and Future Directions
    Specific Topics
    Atrazine and Nitrate in Rural Drinking Water Wells
    Analysis of Long-Term Trends in Atrazine Occurrence in Raw Water of
103 CWSs
    Aldicarb Potable Well Monitoring Program - Study Design, Collection
of Ancillary Field Data, and Relevance for Dietary Risk Assessments
    Review of Monitoring Drinking Water Data from Surface Waters: Use
in Dietary Risk Assessment; Site Selection and Auxilliary Data
Collection Issues
    Inverse Model for Determining Agricultural Watershed N Balances
from Stream Nitrate Data
    Implementation of Best Management Practices for Atrazine Herbicide
in the Little Arkansas River Watershed
    Estimating the Effects of Pesticides on Macroinvertebrate
Assemblage Composition Using Field Data
    Pathways for Drinking Water Well Contamination
    Source Water and Finished Drinking Water Quality
    Overview of NAWQA Status and Plans for National Monitoring of
Streams and Ground Water

List of Subjects

    Environmental protection, Modeling, Monitoring, Pesticides, Pest.

    Dated: February 12, 2008.

Donald J. Brady,

Director, Environmental Fate and Effects Division.
[FR Doc. E8-3125 Filed 2-19-08; 8:45 am]

BILLING CODE 6560-50-S


Deletion Docket Documentation Bibliography [ EPA HQ SFUND 1989 0008]

Site Name: Brio Refining, Inc. Superfund Site EPA ID: TXD980625453 Deletion Docket Location:

U. S. EPA Region 6 Library, 7th Floor, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202 2733, ( 214) 665 6424, Monday through Friday 9: 00 a. m. to 12: 00 p. m. and 1: 00 p. m. to 4: 00 p. m.; San Jacinto College, South Campus Library, 13735 Beamer Road, Houston, Texas, 77089, ( 281) 992 3416, Monday through Thursday 8: 00 a. m. to 9: 00 p. m.; Friday 8: 00 a. m. to 3: 00 p. m.; Saturday 10: 00 a. m. to 1: 00 p. m.; Texas Commission on Environmental Quality ( TCEQ), Central File Room Customer Service Center, Building E, 12100 Park 35 Circle, Austin, Texas, 78753, ( 512) 239 2900, Monday through Friday 8 a. m. to 5 p. m..

Contact: Donn Walters, Community Outreach Team, U. S. EPA Region 6 ( 6SF PO), 1445 Ross Avenue, Dallas, TX 75202 2733, ( 214) 665 6483 or 1 800 533 3508.

List of documents in docket:

07/ 02/ 1997 ADMINISTRATIVE RECORD ADDENDUM INDEX RECORD OF DECISION AMENDMENT 01/ 08/ 1998 FIVE YEAR REVIEW OF THE BRIO REFINING, INCORPORATED 11/ 01/ 1999 SUPPLEMENTAL COMPLETION REPORT NUMBER TWO FOR REMEDIAL ACTIONS AT THE BRIO SUPERFUND SITE FOR THE PERIOD OCTOBER 1995 TO JUNE 1999 BRIO SITE TASK FORCE NOVEMBER 1999 08/ 01/ 2000 FIELD OVERSIGHT REPORT  VERTICAL BARRIER WALL ALIGNMENT CLEARING 05/ 01/ 2001 SOIL BENTONITE BARRIER WALL COMPLETION REPORT 06/ 21/ 2001 SOIL BENTONITE BARRIER WALL REVISED COMPLETION REPORT 02/ 01/ 2002 COMPLETION REPORT 04/ 01/ 2002 COMPLETION REPORT  SHEET PILE BARRIER WALL CONSTRUCTION FOR BRIO SUPERFUND SITE APRIL 2002 09/ 09/ 2002 [ SUPPLEMENTARY COMPLETION REPORT FOR BRIO SOUTH COVER SYSTEM CONSTRUCTION] 05/ 13/ 2003 SECOND FIVE YEAR REVIEW FOR BRIO REFINING SUPERFUND SITE 06/ 20/ 2003 COMPLETION REPORT FOR MUD GULLY IMPROVEMENTS CONSTRUCTION FOR THE BRIO REFINING INCORPORATED SITE 02/ 01/ 2004 MAINTENANCE, OPERATIONS, AND MONITORING PLAN 02/ 01/ 2004 MAINTENANCE, OPERATIONS, AND MONITORING PLAN 03/ 11/ 2004 COMPLETION REPORT 03/ 11/ 2004 APPROVAL FOR MAINTENANCE, OPERATIONS AND MONITORING PLAN 04/ 28/ 2004 PRELIMINARY CLOSEOUT REPORT 08/ 01/ 2004 CONSTRUCTION COMPLETION REPORT 10/ 01/ 2004 GAS COLLECTION SYSTEM PILOT STUDY REPORT 12/ 16/ 2004 REMEDIAL ACTION COMPLETION REPORT 05/ 01/ 2005 BRIO SUPERFUND SITE TASK FORCE FIRST ANNUAL EFFECTIVENESS REPORT APRIL 2004 MARCH 2005 07/ 14/ 2005 DELETE INDEX AND IMAGES, DUPLICATE OF 198836, DF 05/ 01/ 2006, BRIO REFINING INC 08/ 29/ 2005 ORIGINAL DEED NOTICE AND DEED RESTRICTIONS FOR BRIO REFINING AND DOP 10/ 11/ 2005 RECORDED INSTITUTIONAL CONTROL DOCUMENTS FOR BRIO REFINING AND DIXIE OIL PROCESSORS 11/ 16/ 2005 TRANSMITTAL AND APPROVAL OF THE GAS TREATMENT SYSTEM 11/ 16/ 2005 [ TRANSMITTAL OF GAS TREATMENT SYSTEM DESIGN AND COMPLETION REPORT FOR BRIO REFINING SITE] 11/ 16/ 2005 GAS TREATMENT SYSTEM DESIGN AND COMPLETION REPORT FOR BRIO REFINING SITE 11/ 17/ 2005 GAS TREATMENT SYSTEM PRELIMINARY 12 MONTH BASELINE DATA 02/ 02/ 2006 INSTITUTIONAL CONTROL PLANS FOR BRIO REFINING 02/ 14/ 2006 GAS TREATMENT SYSTEM COMPARTMENT C PRELIMINARY 12 MONTH BASELINE DATE 04/ 24/ 2006 [ EPA CONDUCTED FINAL INSPECTION FOR THE REMEDIAL ACTION AT THE BRIO REFINING SITE] 04/ 28/ 2006 [ ANALYSIS OF GRADIENT CONTROL FOR BRIO GROUNDWATER RECOVERY SYSTEM]


APPENDIX H

MODELING DEMONSTRATION

Bureau of Air Quality

Department of Environmental Protection

This page blank for copying purposes.


[Federal Register Volume 85, Number 126 (Tuesday, June 30, 2020)]
[Rules and Regulations]
[Page 39073]
[FR Doc No: 2020-14135]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2020-0298]

Safety Zones; Recurring Safety Zone in Captain of the Port Sault
Sainte Marie

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will establish safety zones for the Mackinaw
Area Visitors Bureau Friday Night fireworks. Our regulation for safety
zones within the Captain of the Port Sault Sainte Marie Zone identifies
the regulated area for this safety zone. This action is necessary and
intended to protect the safety of life and property on navigable waters
prior to, during, and immediately after firework displays. During the
enforcement periods listed below, entry into, transiting, or anchoring
within the safety zone is prohibited unless authorized by the Captain
of the Port Sault Sainte Marie or a designated representative.

DATES: The regulations in 33 CFR 165.918 will be enforced on Friday
nights from July 3, 2020 through September 12, 2020, from thirty
minutes before sunset to thirty minutes after the end of the fireworks
display.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email BOSN4 Robert Gruschow, Waterways
Management, U.S. Coast Guard Sector Sault Sainte Marie; telephone
(906)-253-2462, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety
zones in 33 CFR 165.918 as per the time, dates, and locations in Table
1 below.

                                 Table 1
------------------------------------------------------------------------
             Event                     Location            Event date
------------------------------------------------------------------------
(1) Mackinaw Area Visitors      All U.S. navigable      Friday nights
 Bureau Friday Night             waters of the Straits   July 3 to
 Fireworks; Mackinaw City, MI.   of Mackinac within an   September 12,
                                 approximate 1000-foot   2020; 30
                                 radius from the         minutes before
                                 fireworks launch site   sunset and 30
                                 located in position     minutes after
                                 45[deg]46'35.48'' N,    the end of the
                                 084[deg]43'16.20'' W.   fireworks
                                                         display.
------------------------------------------------------------------------

    This action is being taken to protect the safety of life and
property on navigable waters prior to, during, and immediately after
firework displays. During the enforcement period, no vessel may transit
this regulated area without approval from the Captain of the Port Sault
Sainte Marie or a designated representative. Vessels and persons
granted permission to enter the safety zone shall obey all lawful
orders or directions of the Captain of the Port Sault Sainte Marie, or
an on-scene representative.
    This notice of enforcement is issued under authority of 33 CFR
165.930 and 5 U.S.C. 552 (a). In addition to this notice in the Federal
Register, the Coast Guard will also provide notice through other means,
which will include Broadcast Notice to Mariners, Local Notice to
Mariners, distribution in leaflet form, and on-scene oral notice. The
Captain of the Port Sault Sainte Marie or a designated on-scene
representative may be contacted via Channel 16, VHF-FM or at (906) 635-
3319.

    Dated: June 25th, 2020.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2020-14135 Filed 6-29-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 192 (Wednesday, October 3, 2012)]
[Rules and Regulations]
[Pages 60301-60302]
[FR Doc No: 2012-24331]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 510, 522, 524, and 558

[Docket No. FDA-2012-N-0002]

New Animal Drugs; Butorphanol; Doxapram; Triamcinolone; Tylosin

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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

SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect the withdrawal approval of a new animal
drug application (NADA) and three abbreviated new animal drug
applications (ANADAs) at the sponsors' request because the products are
no longer manufactured or marketed.

DATES: This rule is effective October 15, 2012.

FOR FURTHER INFORMATION CONTACT: David Alterman, Center for Veterinary
Medicine (HFV-212), Food and Drug Administration, 7519 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The sponsors of the NADA and ANADAs listed
in table 1 have requested that FDA withdraw approval because the
products are no longer manufactured or marketed:

   Table 1--NADA and ANADAs for Which Withdrawal of Approval Has Been
                                Requested
------------------------------------------------------------------------
                      Trade name                          Citation in 21
  NADA/ANADA No.        (drug)            Applicant             CFR
------------------------------------------------------------------------
100-556..........  Vigorena Feeds   Springfield Milling          558.625
                    Hy-Ty Premix     Corp., Vigorena
                    (tylosin         Feeds, Springfield,
                    phosphate).      MN 56087.
200-435..........  RESPIRAM         Modern Veterinary            522.775
                    (doxapram        Therapeutics, LLC,
                    hydrochloride)   18001 Old Cutler
                    Injection.       Rd., suite 317,
                                     Miami, FL 33157.
200-446..........  BUTORPHINE       Modern Veterinary            522.246
                    (butorphanol     Therapeutics, LLC,
                    tartrate)        18001 Old Cutler
                    Injection.       Rd., suite 317,
                                     Miami, FL 33157.
200-459..........  VETAZINE         Modern Veterinary           524.2483
                    (triamcinolone   Therapeutics, LLC,
                    ) Cream.         18001 Old Cutler
                                     Rd., suite 317,
                                     Miami, FL 33157.
------------------------------------------------------------------------

    Elsewhere in this issue of the Federal Register, FDA gave notice
that approval of NADA 100-556 and ANADAs 200-435, 200-446, and 200-459,
and all supplements and amendments thereto, is withdrawn, effective
October 15, 2012. As provided in the regulatory text of this document,
the animal drug regulations are amended to reflect these voluntary
withdrawals of approval.
    Following these withdrawals of approval, Modern Veterinary
Therapeutics, LLC, and Springfield Milling Corp. will no longer be the
sponsor of an approved application. Accordingly, 21 CFR 510.600(c) is
being amended to remove the entries for these firms.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

List of Subjects

21 CFR Part 510

    Administrative practice and procedure, Animal drugs, Labeling,
Reporting and recordkeeping requirements.

21 CFR Parts 522 and 524

    Animal drugs.

21 CFR Parts 558

    Animal drugs, Animal feeds.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
the authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR parts 510,
522, 524, and 558 are amended as follows:

PART 510--NEW ANIMAL DRUGS

0
1. The authority citation for 21 CFR part 510 continues to read as
follows:

    Authority:  21 U.S.C. 321, 331, 351, 352, 353, 360b, 371, 379e.

Sec.  510.600  [Amended]

0
2. In Sec.  510.600, in the table in paragraph (c)(1), remove the
entries for ``Modern Veterinary Therapeutics, LLC'' and ``Springfield
Milling Corp.''; and in the table in paragraph (c)(2), remove the
entries for ``015914'' and ``035955''.

PART 522--IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS

0
3. The authority citation for 21 CFR part 522 continues to read as
follows:

    Authority:  21 U.S.C. 360b.

Sec.  522.246  [Amended]

0
4. In Sec.  522.246, in paragraph (b)(2), remove ``Nos. 015914 and
059130'' and in its place add ``No. 059130''.

Sec.  522.775  [Amended]

0
5. In Sec.  522.775, in paragraph (b), remove ``Nos. 000010 and
015914'' and in its place add ``No. 000010''.

PART 524--OPHTHALMIC AND TOPICAL DOSAGE FORM NEW ANIMAL DRUGS

0
6. The authority citation for 21 CFR part 524 continues to read as
follows:

    Authority:  21 U.S.C. 360b.

Sec.  524.2483  [Amended]

0
7. In Sec.  524.2483, in paragraph (b), remove ``015914,''.

PART 558--NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS

0
8. The authority citation for 21 CFR part 558 continues to read as
follows:

    Authority:  21 U.S.C. 360b, 371.

Sec.  558.625  [Amended]

0
9. In Sec.  558.625, remove and reserve paragraph (b)(40).

    Dated: September 27, 2012.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. 2012-24331 Filed 10-2-12; 8:45 am]
BILLING CODE P


[Federal Register Volume 88, Number 76 (Thursday, April 20, 2023)]
[Notices]
[Pages 24397-24398]
[FR Doc No: 2023-08352]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-131-000]

East Tennessee Natural Gas, LLC; Notice of Application and
Establishing Intervention Deadline

    Take notice that on March 31, 2023, East Tennessee Natural Gas, LLC
(East Tennessee), 915 North Eldridge Parkway, Suite 1100, Houston,
Texas 77079, filed in the above referenced docket an application
pursuant to sections 7(b) and 7(c) of the Natural Gas Act and part 157
of the Federal Energy Regulatory Commission's (Commission) regulations
requesting authorization for its System Alignment Program.
    Specifically, East Tennessee proposes to: (1) construct
approximately 16.1 miles of 24-inch-diameter pipeline loop in Knox and
Sevier Counties, Tennessee; (2) replace approximately 6.4 miles of
existing 8-inch-diameter pipeline with new 24-inch-diameter pipeline in
Washington County, Virginia; (3) hydrostatically test an approximately
1.2 mile section of pipeline in Patrick County, Virginia, to
reestablish the maximum allowable operating pressure; (4) construct the
new 7,000 horsepower (hp) Talbott Compressor Station (CS) in Jefferson
County, Tennessee; (5) construct the new 19,000 hp Draper CS in
Rockingham County, North Carolina; and (6) install piping modifications
and auxiliary installations at existing facilities in Knox and Sevier
Counties, Tennessee, and Washington and Wythe Counties, Virginia. The
project is designed to improve the operational reliability of East
Tennessee's system and the additional capacity created will not be
available for subscription under firm service agreements. East
Tennessee estimates the cost of the project to be $390 million, all as
more fully set forth in the application which is on file with the
Commission and open for public inspection.
    East Tennessee's application states that a water quality
certificate under section 401 of the Clean Water Act is required for
the project from the Tennessee Department of Environment and
Conservation and the Virginia Department of Environmental Quality. The
requests for certification must be submitted to the certifying agencies
and to the Commission concurrently. Proof of the certifying agency's
receipt date must be filed no later than five (5) days after the
request is submitted to the certifying agency.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (www.ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room. For assistance, contact the Federal Energy Regulatory
Commission at [email protected] or call toll-free, (886) 208-
3676 or TTY,<PHONE_NUMBER>.
    Any questions concerning this application should be directed to
Estela D. Lozano, Director, Regulatory, East Tennessee Natural Gas,
LLC, P.O. Box 1642, Houston, Texas 77251-1642, by phone at (713) 627-
4522; or email at [email protected].
    On August 10, 2022, the Commission granted the Applicant's request
to utilize the National Environmental Policy Act (NEPA) Pre-Filing
Process and assigned Docket No. PF22-8-000 to staff activities involved
in the Project. Now, as of the filing of the March 31, 2023
application, the Pre-Filing Process for this project has ended. From
this time forward, this proceeding will be conducted in Docket No.
CP23-131-000 as noted in the caption of this Notice.
    Pursuant to Section 157.9 of the Commission's Rules of Practice and
Procedure,\1\ within 90 days of this Notice the Commission staff will
either: complete its environmental review and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or environmental
assessment (EA) for this proposal. The filing of an EA in the
Commission's public record for this proceeding or the issuance of a
Notice of Schedule for Environmental Review will serve to notify
federal and state agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
---------------------------------------------------------------------------

    \1\ 18 CFR (Code of Federal Regulations) 157.9.
---------------------------------------------------------------------------

Public Participation

    There are three ways to become involved in the Commission's review
of this project: you can file a protest to the project, you can file a
motion to intervene in the proceeding, and you can file comments on the
project. There is no fee or cost for filing protests, motions to
intervene, or comments. The deadline for filing protests, motions to
intervene, and comments is 5:00 p.m. Eastern Time on May 5, 2023. How
to file protests, motions to intervene, and comments is explained
below.

Protests

    Pursuant to section 157.205 of the Commission's regulations under
the NGA,\2\ any person \3\ or the Commission's staff may file a protest
to the request. If no protest is filed within the time allowed or if a
protest is filed and then withdrawn within 30 days after the allowed
time for filing a protest, the proposed activity shall be deemed to be
authorized effective the day after the time allowed for protest. If a
protest is filed and not withdrawn within 30 days after the time
allowed for filing a protest, the instant request for authorization
will be considered by the Commission.
---------------------------------------------------------------------------

    \2\ 18 CFR 157.205.
    \3\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
---------------------------------------------------------------------------

    Protests must comply with the requirements specified in section
157.205(e) of the Commission's regulations,\4\ and must be submitted by
the protest deadline, which is May 5, 2023. A protest may also serve as
a motion to intervene so long as the protestor states it also seeks to
be an intervenor.
---------------------------------------------------------------------------

    \4\ 18 CFR 157.205(e).
---------------------------------------------------------------------------

Interventions

    Any person has the option to file a motion to intervene in this
proceeding. Only intervenors have the right to request rehearing of
Commission orders issued in this proceeding and to subsequently
challenge the Commission's orders in the U.S. Circuit Courts of Appeal.
    To intervene, you must submit a motion to intervene to the
Commission

in accordance with Rule 214 of the Commission's Rules of Practice and
Procedure \5\ and the regulations under the NGA \6\ by the intervention
deadline for the project, which is May 5, 2023. As described further in
Rule 214, your motion to intervene must state, to the extent known,
your position regarding the proceeding, as well as your interest in the
proceeding. For an individual, this could include your status as a
landowner, ratepayer, resident of an impacted community, or
recreationist. You do not need to have property directly impacted by
the project in order to intervene. For more information about motions
to intervene, refer to the FERC website at https://www.ferc.gov/how-guides.
---------------------------------------------------------------------------

    \5\ 18 CFR 385.214.
    \6\ 18 CFR 157.10.
---------------------------------------------------------------------------

    All timely, unopposed motions to intervene are automatically
granted by operation of Rule 214(c)(1). Motions to intervene that are
filed after the intervention deadline are untimely and may be denied.
Any late-filed motion to intervene must show good cause for being late
and must explain why the time limitation should be waived and provide
justification by reference to factors set forth in Rule 214(d) of the
Commission's Rules and Regulations. A person obtaining party status
will be placed on the service list maintained by the Secretary of the
Commission and will receive copies (paper or electronic) of all
documents filed by the applicant and by all other parties.

Comments

    Any person wishing to comment on the project may do so. The
Commission considers all comments received about the project in
determining the appropriate action to be taken. To ensure that your
comments are timely and properly recorded, please submit your comments
on or before May 5, 2023. The filing of a comment alone will not serve
to make the filer a party to the proceeding. To become a party, you
must intervene in the proceeding.

How To File Protests, Interventions, and Comments

    There are two ways to submit protests, motions to intervene, and
comments. In both instances, please reference the Project docket number
CP23-131-000 in your submission.
    (1) You may file your protest, motion to intervene, and comments by
using the Commission's eFiling feature, which is located on the
Commission's website (www.ferc.gov) under the link to Documents and
Filings. New eFiling users must first create an account by clicking on
``eRegister.'' You will be asked to select the type of filing you are
making; first select ``General'' and then select ``Protest'',
``Intervention'', or ``Comment on a Filing''; or \7\
---------------------------------------------------------------------------

    \7\ Additionally, you may file your comments electronically by
using the eComment feature, which is located on the Commission's
website at www.ferc.gov under the link to Documents and Filings.
Using eComment is an easy method for interested persons to submit
brief, text-only comments on a project.
---------------------------------------------------------------------------

    (2) You can file a paper copy of your submission by mailing it to
the address below. Your submission must reference the Project docket
number CP23-131-000.

To mail via USPS, use the following address: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426
To send via any other courier, use the following address: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852

    The Commission encourages electronic filing of submissions (option
1 above) and has eFiling staff available to assist you at (202) 502-
8258 or [email protected].
    Protests and motions to intervene must be served to the applicant
by mail to: Estela D. Lozano, Director, Regulatory, P.O. Box 1642,
Houston, Texas 77251-1642 or by email (with a link to the document) at
[email protected].
    Any subsequent submissions by an intervenor must be served on the
applicant and all other parties to the proceeding. Contact information
for parties can be downloaded from the service list at the eService
link on FERC Online.

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to https://www.ferc.gov/ferc-online/overview.

    Dated: April 14, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-08352 Filed 4-19-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 126 (Thursday, June 30, 2011)]
[Notices]
[Page 38448]
[FR Doc No: 2011-16567]

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

SECURITIES AND EXCHANGE COMMISSION

 [File No. 500-1]

In the Matter of International Poultry Co., Inc. (n/k/a Carley
Enterprises, Inc.), International Thoroughbred Breeders, Inc., Internet
Marketing, Inc., Intrepid Technology & Resources, Inc., Ion Technology,
Inc., Ionic Fuel Technology, Inc., Ipex, Inc. (n/k/a Salus Labs
International, Inc.), Itemus, Inc., and ITIS Holdings, Inc. ; Order of
Suspension of Trading

June 28, 2011.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
International Poultry Co., Inc. (n/k/a Carley Enterprises, Inc.)
because it has not filed any periodic reports since the period ended
December 4, 1994.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
International Thoroughbred Breeders, Inc. because it has not filed any
periodic reports since the period ended March 31, 2007.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Internet Marketing, Inc. because it has not filed any periodic reports
since the period ended December 31, 2006.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities
Intrepid Technology & Resources, Inc. because it has not filed any
periodic reports since the period ended June 30, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Ion Technology, Inc. because it has not filed any periodic reports
since it filed a registration statement on September 10, 2002.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Ionic Fuel Technology, Inc. because it has not filed any periodic
reports since the period ended March 31, 2002.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Ipex, Inc. (n/k/a Salus Labs International, Inc.) because it has not
filed any periodic reports since the period ended March 31, 2006.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Itemus, Inc. because it has not filed any periodic reports since the
period ended December 31, 1999.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
ITIS Holdings, Inc. because it has not filed any periodic reports since
the period ended March 31, 2006.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed companies is suspended for the period from 9:30 a.m. EDT
on June 28, 2011, through 11:59 p.m. EDT on July 12, 2011.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2011-16567 Filed 6-28-11; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 68 (Tuesday, April 9, 2019)]
[Notices]
[Pages 14170-14171]
[FR Doc No: 2019-06932]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85505; File No. SR-NASDAQ-2019-007]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing of Amendment No. 2 and Order Granting Accelerated
Approval of a Proposed Rule Change, as Modified by Amendment No. 2, To
Reassign Certain Investigation and Enforcement Functions Under the
Exchange's Authority and Supervision

April 3, 2019.

I. Introduction

    On February 5, 2019, The Nasdaq Stock Market LLC (``Exchange'' or
``Nasdaq'') 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 assume operational responsibility for certain
investigation and enforcement functions currently performed by the
Financial Industry Regulatory Authority (``FINRA'') under the
Exchange's authority and supervision. The proposed rule change was
published for comment in the Federal Register on February 22, 2019.\3\
On February 28, 2019, the Exchange filed Amendment No. 1 to the
proposed rule change, which amended and replaced the proposed rule
change as originally filed. On March 28, 2019, the Exchange filed
Amendment No. 2 to the proposed rule change, which amended and replaced
the proposed rule change, as modified by Amendment No. 1.\4\ The
Commission did not receive any comment letters on the proposed rule
change. The Commission is publishing this notice to solicit comments on
Amendment No. 2 from interested persons, and is approving the proposed
rule change, as modified by Amendment No. 2, on an accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 85153 (February 15,
2019), 84 FR 5752.
    \4\ In Amendment No. 2, the Exchange: (1) Revised the timing for
the phased transition; (2) stated that Nasdaq Regulation will
coordinate with other self-regulatory organizations to the extent it
is investigating activity occurring on non-Nasdaq options markets;
(3) specified that Nasdaq BX, Inc. (``BX'') will file a similar
proposed rule change to request Commission approval for Nasdaq
Regulation to perform the same functions on behalf of BX; (4)
provided an example of contested disciplinary proceedings that will
continue to be handled by FINRA; (5) represented that the
investigatory and disciplinary processes and related rules
applicable to its members that FINRA currently follows on the
Exchange's behalf will remain the same; and (6) made other
technical, clarifying, and conforming changes. Amendment No. 2 is
available at https://www.sec.gov/comments/sr-nasdaq-2019-007/srnasdaq2019007-5252816-183726.pdf.
---------------------------------------------------------------------------

II. Description of the Proposal

    Since it became a national securities exchange, the Exchange has
contracted with FINRA through various regulatory services agreements to
perform certain regulatory functions on its behalf.\5\ At the same
time, the Exchange has retained operational responsibility for a number
of regulatory functions, including real-time surveillance,
qualification of companies listed on the Exchange, and most
surveillance related to its affiliated options markets.\6\
---------------------------------------------------------------------------

    \5\ See Amendment No. 2, supra note 4 at 4.
    \6\ See id.
---------------------------------------------------------------------------

    The Exchange now proposes to reallocate operational responsibility
from FINRA to Nasdaq Regulation for certain investigation and
enforcement activities, specifically: (1) Investigation and enforcement
responsibilities for conduct occurring on the Nasdaq Options Market,\7\
and (2) investigation and enforcement responsibilities for conduct
occurring on Nasdaq's equity market only (i.e., not also on non-Nasdaq
equities markets).\8\ The Exchange states that it anticipates a phased
transition whereby it would assume increasing investigation and
enforcement responsibility throughout 2019 and into 2020.\9\ The
Exchange also anticipates transitioning certain matters currently
pending with FINRA to the Nasdaq Enforcement Department if Nasdaq
Regulation believes doing so is consistent with ensuring prompt
resolution of regulatory matters.\10\
---------------------------------------------------------------------------

    \7\ The Exchange states that, as appropriate, Nasdaq Regulation
will coordinate with other self-regulatory organizations to the
extent it is investigating activity occurring on non-Nasdaq options
markets to ensure no regulatory duplication occurs. See id. at 5
n.7.
    \8\ See id. at 5. The Exchange believes its expertise in its own
market structure, coupled with its expertise in surveillance
activities, would enable it to conduct investigation and enforcement
responsibilities for the Exchange effectively, efficiently, and with
immediacy. See id. at 6. The Exchange also states that Commission
approval of the proposal would allow it to better leverage its
surveillance, investigation, and enforcement teams, to deliver
increased efficiencies in the regulation of its market, and to act
promptly and provide more effective regulation. See id. at 9.
    \9\ See id. at 8.
    \10\ See id.
---------------------------------------------------------------------------

    The Exchange states that FINRA will continue to perform certain
functions, including, among other things: (1) The investigation and
enforcement of conduct occurring on the Nasdaq equity market that also
relates to cross market activity on non-Nasdaq exchanges; (2) the
handling of contested disciplinary proceedings arising out of Nasdaq
Regulation-led investigation and enforcement activities; \11\ and (3)
matters covered by agreements to allocate regulatory responsibility
under Rule 17d-2 of the Act.\12\
---------------------------------------------------------------------------

    \11\ The Exchange states that, for example, pursuant to Rule
9216, if at the conclusion of a Nasdaq Regulation-led investigation,
Nasdaq Regulation has reason to believe that a violation occurred
but the Respondent disputes the violation and therefore does not
execute an Acceptance, Waiver, and Consent (``AWC'') letter, or if
the Respondent executes the AWC letter but the Nasdaq Review
Council, Review Subcommittee, or FINRA's Office of Disciplinary
Affairs does not accept the executed letter, the Exchange may decide
to pursue formal disciplinary proceedings. In such a case, the
Exchange would refer the matter to FINRA to handle the formal
disciplinary proceedings on its behalf. FINRA's Office of Hearing
Officers will continue to be responsible for the administration of
the hearing process. See id. at 7 n.12.
    \12\ See id. at 7. The Exchange represents that, as with all
investigation and enforcement work, all tasks delegated to FINRA are
subject to Nasdaq's supervision and ultimate responsibility. See id.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change, as modified by Amendment No. 2, is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to a national securities exchange \13\ and, in particular,

with Sections 6(b)(5) and 6(b)(7) of the Act.\14\ As noted above, since
it became a national securities exchange, the Exchange has contracted
with FINRA through various regulatory services agreements to perform
certain regulatory functions on its behalf.\15\ Nasdaq Rule 0150
requires that, unless Nasdaq obtains prior Commission approval, the
regulatory functions subject to the regulatory services agreement in
effect at the time when Nasdaq began to operate a national securities
exchange must at all times continue to be performed by FINRA or an
affiliate thereof or by another independent self-regulatory
organization. The Exchange now proposes to reallocate operational
responsibility for the specific investigation and enforcement
activities discussed above from FINRA to Nasdaq Regulation.\16\ The
Commission believes that the Exchange could leverage its knowledge of
its markets and members, its experience with investigation and
enforcement work, and its surveillance, investigation, and enforcement
staff, in helping it to effectively and efficiently conduct the
reallocated investigation and enforcement activities. The Commission
also notes that the proposal would be an incremental reallocation of
operational responsibility because Nasdaq Regulation currently performs
the same investigative and enforcement work on behalf of Nasdaq PHLX
LLC, Nasdaq ISE, LLC, Nasdaq GEMX, LLC, and Nasdaq MRX, LLC.\17\ In
addition, the Exchange states that Nasdaq Regulation has instituted the
requisite infrastructure to accommodate the internalization of the
investigative and enforcement work on behalf of the Exchange.\18\
Moreover, the Exchange states that Nasdaq Regulation has developed
comprehensive plans covering the transition and has met regularly for
more than one year to ensure a smooth transition of the work and
prevent any gaps in regulatory coverage.\19\ Accordingly, the
Commission believes that the proposed rule change, as modified by
Amendment No. 2, is consistent with the Act.
---------------------------------------------------------------------------

    \13\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \14\ 15 U.S.C. 78f(b)(5), (7).
    \15\ See supra note 5 and accompanying text.
    \16\ See supra notes 7-8 and accompanying text.
    \17\ See Amendment No. 2, supra note 4 at 6.
    \18\ See id. at 7. Specifically, Nasdaq has created a new
investigation and enforcement group to perform the functions covered
by this proposal, which included hiring additional staff. See id. at
8. Nasdaq would also leverage its existing staff of analysts,
lawyers, programmers, and market structure experts to assist, where
necessary, with performing the new functions covered by this
proposal. See id.
    \19\ See id. The investigatory and disciplinary processes and
related rules applicable to Exchange members that FINRA currently
follows on the Exchange's behalf (i.e., the Series 8000 and 9000
rules) will remain the same. See id. at 8 n.14.
---------------------------------------------------------------------------

IV. Solicitation of Comments on Amendment No. 2 to the Proposed Rule
Change

    Interested persons are invited to submit written data, views, and
arguments concerning whether Amendment No. 2 is consistent with the
Act. Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NASDAQ-2019-007 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2019-007. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NASDAQ-2019-007 and should be submitted
on or before April 30, 2019.

V. Accelerated Approval of Proposed Rule Change, as Modified by
Amendment No. 2

    The Commission finds good cause to approve the proposed rule
change, as modified by Amendment No. 2, prior to the thirtieth day
after the date of publication of notice of the filing of Amendment No.
2 in the Federal Register. The Commission notes that, in Amendment No.
2, the Exchange revised the timing for the phased transition, provided
that BX will file a separate proposal to request Commission approval
for Nasdaq Regulation to perform the same functions on behalf of BX,
provided additional information to clarify and support the proposal,
and did not materially change the substance of the proposal. The
Commission also notes that the original proposal was subject to a 21-
day comment period and no comments were received. Accordingly, the
Commission finds good cause, pursuant to Section 19(b)(2) of the
Act,\20\ to approve the proposed rule change, as modified by Amendment
No. 2, on an accelerated basis.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

VI. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\21\ that the proposed rule change (SR-NASDAQ-2019-007), as
modified by Amendment No. 2 be, and hereby is, approved on an
accelerated basis.
---------------------------------------------------------------------------

    \21\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-06932 Filed 4-8-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 141 (Friday, July 23, 2010)]
[Rules and Regulations]
[Pages 43059-43062]
[FR Doc No: 2010-17735]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 38 and 40

[Docket Nos. RM08-19-003, RM05-5-019; Order No. 729-B]

Mandatory Reliability Standards for the Calculation of Available
Transfer Capability, Capacity Benefit Margins, Transmission Reliability
Margins, Total Transfer Capability, and Existing Transmission
Commitments; Mandatory Reliability Standards for the Bulk-Power System;
and Standards for Business Practices and Communications Protocols for
Public Utilities

July 15, 2010.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Order on Rehearing and Reconsideration.

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SUMMARY: In this order, the Commission grants several requests for
rehearing of Order No. 729-A, which, inter alia, provided clarification
of the implementation timeline for the six Modeling Data, and Analysis
Reliability Standards submitted by the North American Electric
Reliability Corporation and approved by the Commission in Order No.
729. As discussed below, the Commission grants rehearing on the
implementation timeline. In addition, the Commission is revising the
implementation deadline for compliance with the related North American
Energy Standards Board business practice standards incorporated by
reference in Order No. 676-E, so that the deadlines for compliance with
the requirements of Order Nos. 729 and 676-E remain consistent.

DATES: Effective Date: This rule will become effective August 23, 2010.
Accordingly, the North American Electric Reliability Corporation
Reliability Standards approved in Order No. 729 shall be implemented on
April 1, 2011. The related North American Energy Standards Board
business practice standards shall be implemented on the same date as
the Reliability Standards, as discussed below.

FOR FURTHER INFORMATION CONTACT:
Cory Lankford (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.<PHONE_NUMBER>.
Christopher Young (Technical Information), Office of Electric
Reliability, Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426.<PHONE_NUMBER>.
Valerie Roth (Technical Information), Office of Energy Policy
Innovations, Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426.<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Before Commissioners: Jon Wellinghoff, Chairman; Marc Spitzer, Philip
D. Moeller, John R. Norris, and Cheryl A. LaFleur.

    In the matter of: RM08-19-003, Mandatory Reliability Standards for
the Calculation of Available Transfer Capability, Capacity Benefit
Margins, Transmission Reliability Margins, Total Transfer Capability,
and Existing Transmission Commitments; Mandatory Reliability Standards
for the Bulk-Power System.
    RM05-5-019, Standards for Business Practices and Communication
Protocols for Public Utilities.

Order No. 729-B

Order on Rehearing and Reconsideration

Issued July 15, 2010

    1. In this order, the Commission grants several requests for
rehearing of Order No. 729-A, which, inter alia, provided clarification
of the implementation timeline for six Modeling Data, and Analysis
(MOD) Reliability Standards submitted by the North American Electric
Reliability Corporation (NERC) and approved by the Commission in Order
No. 729.\1\ As discussed below, the Commission grants rehearing on the
implementation timeline. In addition, the Commission is revising the
implementation deadline for compliance with the related North American
Energy Standards Board (NAESB) business practice standards incorporated
by reference in Order No. 676-E,\2\ so that the deadlines for
compliance with the requirements of Order Nos. 729 and 676-E remain
consistent.
---------------------------------------------------------------------------

    \1\ Mandatory Reliability Standards for the Calculation of
Available Transfer Capability, Capacity Benefit Margins,
Transmission Reliability Margins, Total Transfer Capability, and
Existing Transmission Commitments and Mandatory Reliability
Standards for the Bulk-Power System, Order No. 729, 129 FERC ]
61,155 (2009), order on reh'g, Order No. 729-A, 131 FERC ] 61,109
(2010).
    \2\ Standards for Business Practices and Communication Protocol
for Public Utilities, Order No. 676-E, 74 FR 63288 (Dec. 3, 2009),
FERC Stats. & Regs. ] 31,299, at P 126 (Nov. 24, 2009).
---------------------------------------------------------------------------

I. Background

    2. On November 24, 2009, the Commission issued Order No. 729, which
approved six MOD Reliability Standards submitted to the Commission by
the North American Electric Reliability Corporation (NERC), the
Commission-certified Electric Reliability Organization (ERO) for the
United States.\3\ The approved Reliability Standards pertain to
methodologies for the consistent and transparent calculation of
available transfer capability or available flowgate capability.
Pursuant to section 215(d)(5) of the Federal Power Act (FPA),\4\ the
Commission directed the ERO to develop certain modifications to the MOD
Reliability Standards. The Commission also directed NERC to retire the
existing MOD Reliability Standards replaced by the versions approved in
the Final Rule once the new versions became effective.
---------------------------------------------------------------------------

    \3\ North American Electric Reliability Corp., 116 FERC ]
61,062, order on reh'g & compliance, 117 FERC ] 61,126 (2006), aff'd
sub nom. Alcoa Inc. v. FERC, 564 F.3d 1342 (DC Cir. 2009).
    \4\ 16 U.S.C. 824o(d)(5) (2006).
---------------------------------------------------------------------------

    3. On the same date, the Commission issued Order No. 676-E, which
revised the Commission's regulations to incorporate by reference in its
regulations the latest version (Version 002.1) of certain business
practice standards adopted by the Wholesale Electric Quadrant (WEQ) of
NAESB. In addition, the Commission directed public utilities to file
any necessary tariff revisions, including any revisions to Attachment C
to their Open Access Transmission Tariff (OATT), at least ninety days
before the prescribed date of compliance with the revised business
practice standards, which was meant to be coincident with the
implementation date for compliance with the MOD Reliability Standards
approved in Order No. 729.

II. Discussion

    4. In Order No. 729, the Commission directed that the Reliability
Standards become effective according to the schedule proposed by the
ERO.\5\ Thus, the Commission stated that the MOD Reliability Standards
shall become effective on the first calendar quarter that is twelve
months beyond the date that the Reliability Standards are approved ``by
all applicable regulatory authorities.'' \6\ The Commission found that
this implementation schedule struck a reasonable balance between the
need for timely reform and the needs of transmission service providers
and transmission operators to make adjustments to their calculations of
available transfer capability, capacity benefit margin and transfer
reserve margin. In response to comments on its notice of proposed
rulemaking, the Commission clarified that, under this plan, the
Reliability Standards shall become effective on the first day of the
first quarter occurring 365 days after approval by all applicable
regulatory authorities. Approval by the Commission would be effective
60 days after the date of publication of the Final Rule in the Federal
Register.\7\
---------------------------------------------------------------------------

    \5\ Order No. 729, 129 FERC ] 61,155 at P 95.
    \6\ Id.
    \7\ Id.
---------------------------------------------------------------------------

    5. Order No. 676-E set the implementation date for compliance with
the NAESB business practice standards coincident with the
implementation date of the MOD Reliability Standards approved in Order
No. 729. Accordingly, public utilities subject to the NAESB business
practice standards were directed to comply with these Version 002.1
business practice standards as of the first day of the first quarter
occurring 365 days after approval of the MOD Reliability Standards by
all applicable regulatory authorities. Implementation of some of

the NAESB business standards will require tariff revisions. The
Commission also directed public utilities to submit necessary tariff
revisions, including any revisions to Attachment C of their OATT, at
least ninety days before the prescribed date for compliance with the
revised standards.
    6. In response to several requests for clarification, the
Commission issued Order No. 729-A, which, among other things, clarified
the implementation timeline of the MOD Reliability Standards. Again,
the Commission accepted the clarification offered by the ERO in its
comments and clarified that the Reliability Standards shall become
effective within the United States on the first day of the first
quarter occurring 365 days after Order No. 729 was published in the
Federal Register, i.e., January 1, 2011.\8\
---------------------------------------------------------------------------

    \8\ Order No. 729-A, 131 FERC ] 61,109 at P 7.
---------------------------------------------------------------------------

    7. The Commission also recognized that compliance with these MOD
Reliability Standards requires an exchange of information and data
among neighboring transmission service providers. The Commission stated
that, in some instances, a transmission service provider within the
United States may need to exchange information and data with a
neighboring transmission service provider located in a jurisdiction
where the Reliability Standard is not yet enforceable, such as some
Canadian provinces. In this situation, the Commission determined that
the transmission service provider within the United States must share
information with the transmission service provider located in another
jurisdiction pursuant to the requirements of the MOD Reliability
Standards. But, the Commission clarified, the transmission service
providers and transmission operators within the continental United
States who must rely on information and data from utilities located in
another country to comply with these Reliability Standards shall not be
penalized solely for the failure of a utility located in another
jurisdiction to provide such information and data, until such time that
the MOD Reliability Standards become mandatory in that foreign
jurisdiction.

Requests for Rehearing

    8. Several petitioners requested rehearing of the clarified
implementation schedule. Bonneville Power Administration (Bonneville),
the Large Public Power Council (LPPC), Southwest Area Transmission
Subregional Planning Group (SWAT), and WestConnect request a July 1,
2011, implementation date. Bonneville suggests that the Commission do
this by clarifying that the effective date of the MOD Reliability
Standards is the first day of the first quarter occurring 365 days
after publication of Order No. 729-A in the Federal Register, i.e.,
July 1, 2011. By contrast, LPPC and WestConnect argue that their
members reasonably presumed a July 1, 2011, implementation date when
the Canadian authorities failed to approve the MOD Reliability
Standards within three months of the Commission's approval and have
been acting in reliance of that date. SWAT simply states that a July 1,
2011, effective date is consistent with the notice given to industry in
Order No. 729 and that for the sake of the reliable operation of the
Bulk-Power System and efficient and orderly implementation of the new
MOD Reliability Standards, the effective date in the United States
should be set as July 1, 2011. If the Commission rejects the proposed
July 1, 2011, effective date, all of these petitioners request, in the
alternative, that the Commission set the effective date no earlier than
April 1, 2011, which is the first day of the first quarter occurring
365 days after Commission approval of the MOD Reliability Standards.
    9. Other petitioners advocate for an April 1, 2011, effective date.
Midwest Independent Transmission System Operation, Inc. (MISO),
NorthWestern Corp. (NorthWestern), PJM Interconnection, L.L.C. (PJM)
and Southwest Power Pool, Inc. (SPP) argue that they have relied upon
April 1, 2011, as the earliest possible effective date of the MOD
Reliability Standards. MISO argues that Order No. 729-A's acceleration
of the Order No. 729 compliance deadline is unexpected, unnecessary,
and likely to impose unreasonable burdens on responsible entities who
planned for compliance no earlier than April 1, 2011. PJM also contends
that it has expended resources in reliance upon an April 1, 2011,
effective date and that an accelerated effective date creates a
substantial hardship for PJM. Accordingly, these petitioners urge the
Commission to grant rehearing and set April 1, 2011, as the effective
date for the MOD Reliability Standards.
    10. In support of their arguments, petitioners comment on how the
effective dates for other requirements are linked to the implementation
schedule of the MOD Reliability Standards. MISO, NorthWestern, SWAT and
Westconnect state that Order No. 729 aligned the effective date of the
MOD Reliability Standards with the effective date of the NAESB WEQ
business practice standards Version 002.1. MISO and Northwestern also
point out that, in Order No. 676-E, the Commission directed utilities
to file a revised Attachment C to their Open Access Transmission Tariff
(OATT) on or before 275 days after approval of the MOD Reliability
Standards. These petitioners argue that the Commission's decision in
Order No. 729-A to accelerate the implementation of the MOD Reliability
Standards has disrupted the coordinated implementation of the NAESB
business practice standards and the OATT Attachment C revisions.
    11. In addition, MISO expresses concern about the Commission's
statement in Order No. 729-A that transmission service providers within
the United States who rely upon information and data from transmission
service providers within Canadian provinces to comply with these
Reliability Standards shall not be penalized solely for the failure of
a utility located in another jurisdiction to provide such information
and data, until such time that the MOD Reliability Standards become
effective in that foreign jurisdiction. MISO expresses concerns that
the last clause of this statement could be read to mean that once the
standards have become mandatory in Canada, transmission operators
within the United States could be subjected to penalties if the
Canadian transmission operators fail, for whatever reason, to supply
the information mandated by the Reliability Standards. Accordingly,
MISO requests clarification that Order No. 729-A did not create
automatic liability for transmission operators that comply with their
own data requirements, but do not receive needed data from other
transmission operators.
    12. Finally, MISO requests that the Commission act expeditiously
and issue an order on rehearing by July 1, 2010. MISO states that the
compliance deadline under the Order No. 729-A framework, i.e.,
September 9, 2010, is rapidly approaching. MISO argues that expedited
action will provide MISO and others with needed certainty and allow
them to schedule their compliance efforts accordingly.

Commission Determination

    13. Upon further consideration, the Commission has determined that
the implementation schedule of the MOD Reliability Standards should be
keyed to the date of approval of the Reliability Standards, as
originally contemplated in Order No. 729, and not the date of
publication of Order No. 729 in the Federal Register. Accordingly, the

Commission grants rehearing of its determination in Order No. 729-A and
directs that the MOD Reliability Standards shall become effective
within the United States as of the first day of the first quarter
occurring 365 days after their approval by the Commission, i.e., April
1, 2011.
    14. Thus, the Commission rejects arguments raised by Bonneville,
LPPC, SWAT and WestConnect that the implementation of the MOD
Reliability Standards should be delayed because the original
implementation plan contemplated approval of all applicable regulatory
authorities, including certain Canadian provinces, and those entities
did not act within the same quarter as the Commission. It is unclear
whether and when the Canadian provinces will act on these MOD
Reliability Standards. This uncertainty is the reason why the
Commission granted clarification in Order No. 729-A. Although the
Commission appreciates that industry acted in reliance of the original
implementation plan, we believe that the most reasonable clarification
of the Commission's directive in Order No. 729 is to make the MOD
Reliability Standards effective within the United States on the first
day of the first quarter occurring 365 days following approval by the
Commission, i.e., April 1, 2011.
    15. When the Commission issued Order No. 676-E, it purposely set an
implementation timeline for compliance with the NAESB business practice
standards that was identical to the one prescribed in Order No. 729 for
the related NERC reliability standards.\9\ In this order and in Order
No. 729-A, the Commission has modified the compliance schedule for the
MOD Reliability Standards such that it no longer matches the compliance
schedule for the WEQ Version 002.1 Business Practice Standards that the
Commission incorporated by reference in Order No. 676-E. Thus, to
maintain the consistency that the Commission determined was appropriate
in Order Nos. 676-E and 729, we will modify the compliance deadline
that we prescribed in Order No. 676-E to match the compliance deadline
that we are prescribing for the MOD Reliability Standards within the
continental United States.\10\ Thus, the NAESB business practice
standards shall become effective on the same date as the MOD
Reliability Standards.
---------------------------------------------------------------------------

    \9\ See Order No. 676-E, FERC Stats. & Regs. ] 31,299 at P 126;
Order No. 729 at P 95.
    \10\ In contrast to the compliance dates the Commission is
establishing for the NERC MOD Reliability Standards, the compliance
date for the WEQ Version 002.1 Business Practice Standards do not
establish a separate compliance date for transactions outside of the
continental United States.
---------------------------------------------------------------------------

    16. Consistent with our determination in Order No. 676-E, public
utilities shall file any necessary tariff revisions, including any
revisions to Attachment C of their OATT, at least ninety days before
the prescribed date for compliance with the revised NAESB business
practice standards.\11\ Consistent with our prior practice, if a public
utility fails to file the required tariff revisions prior to the
compliance date, it nonetheless must abide by the NAESB Version 002.1
WEQ standards even before it has updated its tariff to incorporate
these changes.
---------------------------------------------------------------------------

    \11\ Order No. 676-E, FERC Stats. & Regs. ] 31,299 at P 128.
---------------------------------------------------------------------------

    17. In response to MISO's request, the Commission clarifies that
Order No. 729-A did not create automatic liability for transmission
operators that comply with their own data requirements, but do not
receive needed data from other transmission operators. The Commission
intended, in Order No. 729-A, to clarify that to the extent
transmission providers within the United States rely on information
provided by transmission providers in other countries to complete their
calculations of available transfer or flowgate capability, and the
transmission providers in other countries do not provide sufficiently
transparent information for the transmission providers within the
United States to complete their implementation documents, the
transmission operators within the United States would not violate the
MOD Reliability Standards approved in Order No. 729 as a result of that
lack of information from counterparts in other countries.

III. Information Collection Statement

    18. The Office of Management and Budget (OMB) regulations require
that OMB approve certain information collection requirements imposed by
an agency.\12\ The revisions to the information collection requirements
for transmission service providers and transmission operators adopted
in Order No. 729 were approved under OMB Control No. 1902-0244. This
order clarifies these requirements in order to more clearly state the
obligations imposed in Order No. 729, but does not substantively alter
those requirements. OMB approval of this order is therefore
unnecessary. However, the Commission will send a copy of this order to
OMB for informational purposes only.
---------------------------------------------------------------------------

    \12\ 5 CFR 1320 (2010).
---------------------------------------------------------------------------

IV. Document Availability

    19. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through FERC's Home Page (http://www.ferc.gov) and in FERC's
Public Reference Room during normal business hours (8:30 a.m. to 5 p.m.
Eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426.
    20. From FERC's Home Page on the Internet, this information is
available on eLibrary. The full text of this document is available on
eLibrary in PDF and Microsoft Word format for viewing, printing, and/or
downloading. To access this document in eLibrary, type the docket
number excluding the last three digits of this document in the docket
number field.
    21. User assistance is available for eLibrary and the FERC's Web
site during normal business hours from FERC Online Support at (202)
502-6652 (toll free at 1-866-208-3676) or e-mail at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. E-mail the Public Reference Room at
<EMAIL_ADDRESS>
V. Effective Date and Congressional Notification

    22. Rehearings and clarifications adopted in this Order on
Rehearing and Reconsideration will become effective August 23, 2010.

    By the Commission. Commissioner LaFleur voting present.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-17735 Filed 7-22-10; 8:45 am]
BILLING CODE 6717-01-P