[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Notices]
[Pages 7092-7093]
[FR Doc No: 2019-03649]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2018-0793]

Collection of Information Under Review by Office of Management
and Budget; OMB Control Number: 1625-0108

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding an Information Collection Request (ICR),
abstracted below, to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs (OIRA), requesting an extension
of its approval for the following collection of information: 1625-0108,
Standard Numbering System for Undocumented Vessels. Our ICR describes
the information we seek to collect from the public. Review and comments
by OIRA ensure we only impose paperwork burdens commensurate with our
performance of duties.

DATES: Comments must reach the Coast Guard and OIRA on or before April
1, 2019.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2018-0793] to the Coast Guard using the Federal
eRulemaking Portal at https://www.regulations.gov. Alternatively, you
may submit comments to OIRA using one of the following means:
    (1) Email<EMAIL_ADDRESS>    (2) Mail: OIRA, 725 17th Street NW, Washington, DC 20503, attention
Desk Officer for the Coast Guard.
    A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S.
Coast Guard, 2703 Martin Luther King Jr Ave SE, Stop 7710, Washington,
DC 20593-7710.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. Consistent with
the requirements of Executive Order 13771, Reducing Regulation and
Controlling Regulatory Costs, and Executive Order 13777, Enforcing the
Regulatory Reform Agenda, the Coast Guard is also requesting comments
on the extent to which this request for information could be modified
to reduce the burden on respondents. These comments will help OIRA
determine whether to approve the ICR referred to in this Notice.
    We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG-2018-0793], and must be received by April 1,
2019.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    OIRA posts its decisions on ICRs online at https://www.reginfo.gov/public/do/PRAMain after the comment period for each ICR. An OMB Notice
of Action on each ICR will become available via a hyperlink in the OMB
Control Number: 1625-0108.

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (83 FR 54759, October 31, 2018)
required by 44 U.S.C. 3506(c)(2). That notice elicited no comments.
Accordingly, no changes have been made to the Collections.

Information Collection Request

    Title: Standard Numbering System for Undocumented Vessels.
    OMB Control Number: 1625-0108.

    Summary: The Standard Numbering System collects information on
undocumented vessels and vessel owners operating on waters subject to
the jurisdiction of the United States. Federal, State and local law
enforcement agencies use information from the system for enforcement of
boating laws or theft and fraud investigations. Since the September 11,
2001 terrorist attacks on the United States, the need has increased for
identification of undocumented vessels to meet port security and other
missions to safeguard the homeland.
    Need: Subsection 12301(a) of Title 46 United States Code, requires
undocumented vessels equipped with propulsion machinery of any kind to
be numbered in the State where the vessel is principally operated. In
46 U.S.C. 12302 (a), Congress authorized the Secretary to prescribe, by
regulation, a Standard Numbering System (SNS). The Secretary shall
approve a State numbering system if that system is consistent with the
SNS. The Secretary has delegated his authority under 46 U.S.C. 12301
and 12302 to Commandant of the U.S. Coast Guard. DHS Delegation No.
0170.1. The regulations requiring the numbering of undocumented vessels
are in 33 CFR part 173, and regulations establishing the SNS for States
to voluntarily carry out this function are contained in part 174.
    In States that do not have an approved system, the Federal
Government (U.S. Coast Guard) must administer the vessel numbering
system. Currently, all 56 States and Territories have approved
numbering systems. The approximate number of undocumented vessels
registered by the States in 2017 was nearly 12 million.
    The SNS collects information on undocumented vessels and vessel
owners. States submit reports annually to the Coast Guard on the
number, size, construction, etc., of vessels they have numbered. That
information is used by the Coast Guard in (1) publication of an annual
``Boating Statistics'' report required by 46 U.S.C. 6102(b), and (2)
for allocation of Federal funds to assist States in carrying out the
Recreational Boating Safety (RBS) Program established by 46 U.S.C.
chapter 131.
    On a daily basis or as warranted, Federal, State, and local law
enforcement personnel use SNS information from the States' numbering
systems for enforcement of boating laws or theft and fraud
investigations. In addition, when encountering a vessel suspected of
illegal activity, information from the SNS increases officer safety by
assisting boarding officers in determining how best to approach a
vessel. Since, the September 11, 2001 terrorist attacks on the United
States, the need has increased for identification of undocumented
vessels and their owners for port security and other missions to
safeguard the homeland, although the statutory requirement for
numbering of vessels dates back to 1918.
    Forms: None.
    Respondents: Owners of all undocumented vessels propelled by
machinery are required by Federal law to apply for a number from the
issuing authority of the State in which the vessel is to be principally
operated. In addition, States may require other vessels, such as
sailboats or even canoes and kayaks, to be numbered. ``Owners'' may
include individuals or households, non-profit organizations, and small
businesses (e.g., liveries that offer recreational vessels for rental
by the public) or other for-profit organizations.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden has decreased from
257,896 hours to 256,472 hours a year due to a decrease in the
estimated annual number of respondents.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: February 21, 2019.
James D. Roppel,
U.S. Coast Guard, Chief, Office of Information Management.
[FR Doc. 2019-03649 Filed 2-28-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: June 3, 2010 (Volume 75, Number 106)]
[Proposed Rules]
[Page 31368-31373]
[DOCID:fr03jn10-28]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1117]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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SUMMARY: Comments are requested on the proposed Base (1% annual-chance)
Flood Elevations (BFEs) and proposed BFE modifications for the
communities listed in the table below. The purpose of this notice is to
seek general information and comment regarding the proposed regulatory
flood elevations for the reach described by the downstream and upstream
locations in the table below. The BFEs and modified BFEs are a part of
the floodplain management measures that the community is required
either to adopt or to show evidence of having in effect in order to
qualify or remain qualified for participation in the National Flood
Insurance Program (NFIP). In addition, these elevations, once
finalized, will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents in those buildings.

DATES: Comments are to be submitted on or before September 1, 2010.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each community is available for
inspection at the community's map repository. The respective addresses
are listed in the table below.
    You may submit comments, identified by Docket No. FEMA-B-1117, to
Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Kevin C. Long, Acting Chief,
Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202) 646-2820, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) proposes to make determinations of BFEs and modified BFEs for
each community listed below, in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR
67.4(a).
    These proposed BFEs and modified BFEs, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. These proposed elevations
are used to meet the floodplain management requirements of the NFIP and
also are used to calculate the appropriate flood insurance premium
rates for new buildings built after these elevations are made final,
and for the contents in those buildings.
    Comments on any aspect of the Flood Insurance Study and FIRM, other
than the proposed BFEs, will be considered. A letter acknowledging
receipt of any comments will not be sent.
    National Environmental Policy Act. This proposed rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Executive Order 12866, Regulatory Planning and Review. This
proposed rule is not a significant regulatory action under the criteria
of section 3(f) of Executive Order 12866, as amended.
    Executive Order 13132, Federalism. This proposed rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This proposed rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

    Accordingly, 44 CFR part 67 is proposed to be amended as follows:

PART 67--[AMENDED]

    1. The authority citation for part 67 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  67.4  [Amended]

    2. The tables published under the authority of Sec.  67.4 are
proposed to be amended as follows:

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                                                                  * Elevation in feet
                                                                 (NGVD) + Elevation in
                                                                feet (NAVD)
                                                                  Depth in feet above
         Flooding source(s)            Location of referenced       ground  [caret]        Communities affected
                                             elevation            Elevation in meters
                                                                         (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                               Santa Cruz County, Arizona, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Ephraim Canyon Wash.................  At the confluence with         +3806        +3810  City of Nogales.
                                       Nogales Wash.
                                      Approximately 1,900            +3897        +3899
                                       feet downstream of I-
                                       19.
Mariposa Canyon.....................  At the confluence with         +3740        +3746  City of Nogales,
                                       Nogales Wash.                                      Unincorporated Areas
                                                                                of Santa Cruz County.

                                      Approximately 1.3 mile          None        +3965
                                       upstream of SR 189.
Nogales Wash........................  Approximately 1,300            +3647        +3644  City of Nogales,
                                       feet upstream of Old                               Unincorporated Areas
                                       Tucson Road.                                       of Santa Cruz County.
                                      Approximately 100 feet         +3873        +3872
                                       upstream of West
                                       International Street.
Potrero Creek.......................  At the confluence with         +3650        +3646  City of Nogales.
                                       Al Harrison Wash.
                                      Approximately 0.7 mile         +3725        +3726
                                       upstream of West
                                       Meadow Hills Drive.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Nogales
Maps are available for inspection at 2150 North Congress Drive, Nogales, AZ 85621.

                                    Unincorporated Areas of Santa Cruz County
Maps are available for inspection at 2150 North Congress Drive, Nogales, AZ 85621.
----------------------------------------------------------------------------------------------------------------
                                 Boyle County, Kentucky, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Balls Branch (Backwater effects from  From the confluence             None         +875  Unincorporated Areas of
 Clarks Run) Clarks Run.               with Clarks Run to                                 Boyle County.
                                       approximately 0.7 mile
                                       upstream of the
                                       confluence with Clarks
                                       Run.
                                      At approximately 1.2            None         +849  City of Danville,
                                       miles upstream of                                  Unincorporated Areas
                                       Goggin Road.                                       of Boyle County.
                                      At approximately 0.6            None         +965
                                       mile downstream of
                                       Alum Springs Cross
                                       Pike.
Dix River Tributary 2 (Backwater      From the confluence             None         +760  Unincorporated Areas of
 effects from Herrington Lake)         with Herrington Lake                               Boyle County.
 Herrington Lake.                      to approximately 1,158
                                       feet upstream of the
                                       confluence with
                                       Herrington Lake.
                                      Entire shoreline.......         None         +760  Unincorporated Areas of
                                                                                Boyle County.
Spears Creek........................  At approximately 0.6            None         +788  City of Danville,
                                       mile upstream of the                               Unincorporated Areas
                                       confluence with                                    of Boyle County.
                                       Herrington Lake.
                                      At approximately 780            None         +919
                                       feet upstream of the
                                       North Danville Bypass.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Danville

Maps are available for inspection at City Hall, 455 West Main Street, Danville, KY 40422.

                                      Unincorporated Areas of Boyle County
Maps are available for inspection at the Boyle County Courthouse, 321 West Main Street, Danville, KY 40422.
----------------------------------------------------------------------------------------------------------------

                                 Logan County, Kentucky, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Proctor Branch......................  Approximately 400 feet          None         +525  City of Russellville,
                                       upstream of Bismarck                               Unincorporated Areas
                                       Lane.                                              of Logan County.
                                      Approximately 0.3 mile          None         +599
                                       upstream of the
                                       confluence with
                                       Proctor Branch
                                       Tributary A.
Proctor Branch Tributary A..........  Just upstream of the            None         +585  City of Russellville.
                                       confluence with
                                       Proctor Branch.
                                      Approximately 1,100             None         +601
                                       feet upstream of the
                                       confluence with
                                       Proctor Branch.
Proctor Branch Tributary B..........  At the confluence with          None         +579  City of Russellville,
                                       Proctor Branch.                                    Unincorporated Areas
                                                                                of Logan County.
                                      Approximately 200 feet          None         +592
                                       downstream of Hi-View
                                       Drive.
Town Branch.........................  Approximately 800 feet          None         +517  City of Russellville,
                                       downstream of Concord                              Unincorporated Areas
                                       Road.                                              of Logan County.
                                      Just downstream of              None         +563
                                       Newton Road.
                                      Just upstream of West           None         +621
                                       9th Street (U.S. Route
                                       431).
                                      Approximately 1,900             None         +623
                                       feet upstream of West
                                       9th Street (U.S. Route
                                       431).
Town Branch Tributary D.............  Approximately 350 feet          None         +607  Unincorporated Areas of
                                       upstream of the                                    Logan County.
                                       confluence with Town
                                       Branch Tributary E.
                                      Approximately 700 feet          None         +643
                                       upstream of Warren
                                       Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+thnsp;North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Russellville
Maps are available for inspection at 168 South Main Street, Russellville, KY 42276.

                                      Unincorporated Areas of Logan County
Maps are available for inspection at 299 West 3rd Street, Russellville, KY 42276.
----------------------------------------------------------------------------------------------------------------
                                Woodford County, Kentucky, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Brushy Run (Backwater effects from    From the confluence             None         +542  Unincorporated Areas of
 Kentucky River).                      with the Kentucky                                  Woodford County.
                                       River to approximately
                                       0.4 mile upstream of
                                       the confluence with
                                       the Kentucky River.
Bucks Run (Backwater effects from     From the confluence             None         +519  Unincorporated Areas of
 Kentucky River).                      with the Kentucky                                  Woodford County.
                                       River to approximately
                                       125 feet downstream of
                                       Buck Run Road.
Clear Creek (Backwater effects from   From the confluence             None         +531  Unincorporated Areas of
 Kentucky River).                      with the Kentucky                                  Woodford County.
                                       River to approximately
                                       2.5 miles upstream of
                                       the confluence with
                                       the Kentucky River.
Craig Creek (Backwater effects from   From the confluence             None         +527  Unincorporated Areas of
 Kentucky River).                      with the Kentucky                                  Woodford County.
                                       River to approximately
                                       1,220 feet upstream of
                                       Gun Club Road.
Glenns Creek (Backwater effects from  From the confluence             +511         +513  Unincorporated Areas of
 Kentucky River).                      with the Kentucky                                  Woodford County.
                                       River to approximately
                                       1.2 mile upstream of
                                       the confluence with
                                       the Kentucky River.
Grier Creek (Backwater effects from   From the confluence             None         +524  Unincorporated Areas of
 Kentucky River).                      with the Kentucky                                  Woodford County.
                                       River to approximately
                                       200 feet downstream of
                                       Shryocks Ferry Road.
Kentucky River......................  Approximately 2.3 miles         +508         +514  Unincorporated Areas of
                                       downstream of Kentucky                             Woodford County.
                                       River Tributary 92.
                                      Approximately 5.0 miles         +545         +547
                                       upstream of Kentucky
                                       River Tributary 5.

Kentucky River Tributary 5            From the confluence             None         +543  Unincorporated Areas of
 (Backwater effects from Kentucky      with the Kentucky                                  Woodford County.
 River).                               River to approximately
                                       950 feet upstream of
                                       the confluence with
                                       the Kentucky River.
Kentucky River Tributary 84           From the confluence             None         +539  Unincorporated Areas of
 (Backwater effects from Kentucky      with the Kentucky                                  Woodford County.
 River).                               River to approximately
                                       510 feet upstream of
                                       the confluence with
                                       the Kentucky River.
Kentucky River Tributary 92           From the confluence             None         +515  Unincorporated Areas of
 (Backwater effects from Kentucky      with the Kentucky                                  Woodford County.
 River).                               River to approximately
                                       1,770 feet upstream of
                                       the confluence with
                                       the Kentucky River.
Lee Branch..........................  Just upstream of                +778         +780  City of Midway,
                                       Leestown Pike.                                     Unincorporated Areas
                                                                                of Woodford County.
                                      At approximately 860            None         +827
                                       feet upstream of Old
                                       Frankfort Pike.
Lee Branch Tributary 4 (Backwater     From the confluence             None         +810  Unincorporated Areas of
 effects from Lee Branch).             with Lee Branch to                                 Woodford County.
                                       approximately 720 feet
                                       upstream of the
                                       confluence with Lee
                                       Branch.
Lee Branch Tributary 6 (Backwater     From the confluence             None         +802  City of Midway,
 effects from Lee Branch).             with Lee Branch to                                 Unincorporated Areas
                                       approximately 1,145                                of Woodford County.
                                       feet upstream of the
                                       confluence with Lee
                                       Branch.
Lee Branch Tributary 7 (Backwater     From the confluence             None         +802  City of Midway,
 effects from Lee Branch).             with Lee Branch to                                 Unincorporated Areas
                                       approximately 351 feet                             of Woodford County.
                                       upstream of Midway
                                       College Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Midway
Maps are available for inspection at City Hall, 101 East Main Street, Midway, KY 40347.

                                     Unincorporated Areas of Woodford County
Maps are available for inspection at the Woodford County Courthouse, 103 South Main Street, Versailles, KY
 40383.
----------------------------------------------------------------------------------------------------------------
                               Marion County, Mississippi, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Pearl River.........................  Approximately 5.5 miles         +136         +134  City of Columbia,
                                       downstream of State                                Unincorporated Areas
                                       Highway 98.                                        of Marion County.
                                      Approximately 5 miles           +156         +154
                                       upstream of State
                                       Highway 35.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Columbia
Maps are available for inspection at 201 2nd Street, Columbia, MS 39429.

                                      Unincorporated Areas of Marion County
Maps are available for inspection at 250 Broad Street, Columbia, MS 39429.
----------------------------------------------------------------------------------------------------------------
                               Yellowstone County, Montana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cove Creek..........................  Approximately 200 feet         +3373        +3375  City of Billings,
                                       upstream of Rimrock                                Unincorporated Areas
                                       Road.                                              of Yellowstone County.

                                      Approximately 270 feet         +3572        +3571
                                       downstream of Molt
                                       Road.
Cove Creek East Overflow............  Approximately 25 feet           None        +3370  City of Billings,
                                       upstream of Rimrock                                Unincorporated Areas
                                       Road.                                              of Yellowstone County.
                                      Approximately 1,700             None        +3382
                                       feet upstream of
                                       Rimrock Road.
Fivemile Creek......................  Downstream of Old               None        +3085  City of Billings,
                                       Fivemile Creek Road.                               Unincorporated Areas
                                                                                of Yellowstone County.
                                      Approximately 55 feet           None        +3225
                                       downstream of
                                       Alexander Road.
Yellowstone River...................  Approximately 150 feet          None        +2728  City of Billings,
                                       upstream of                                        Unincorporated Areas
                                       Musselshell Trail Road.                            of Yellowstone County.
                                      Approximately 545              +3273        +3274
                                       upstream of U.S. Route
                                       212 South.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Billings
Maps are available for inspection at 510 North Broadway, 4th Floor, Billings, MT 59101.

                                   Unincorporated Areas of Yellowstone County
Maps are available for inspection at 217 North 27th Street, Billings, MT 59101.
----------------------------------------------------------------------------------------------------------------
                                           Arlington County, Virginia
----------------------------------------------------------------------------------------------------------------
Four Mile Run.......................  At the confluence with          None          +10  Arlington County.
                                       the Potomac River.
                                      Just downstream of              None          +11
                                       Jefferson Davis
                                       Memorial Highway (U.S.
                                       Route 1).
Pimmit Run (Backwater effects from    From the confluence             None          +40  Arlington County.
 Potomac River).                       with the Potomac River
                                       to a point located
                                       approximately 112 feet
                                       downstream of Chain
                                       Bridge Road.
Potomac River.......................  At the confluence with          None          +10  Arlington County.
                                       Four Mile Run.
                                      Approximately 0.39 mile         None          +41
                                       upstream of Chain
                                       Bridge Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

Arlington County
Maps are available for inspection at the Arlington County Government Building, 2100 Clarendon Boulevard,
 Arlington, VA 22021.
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: May 14, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-13267 Filed 6-2-10; 8:45 am]
BILLING CODE 9110-12-P


days after a new decision is issued. The ARB's decision will be served
upon all parties and the Chief Administrative Law Judge by mail. The
decision will also be served on the Assistant Secretary and on the
Associate Solicitor, Division of Fair Labor Standards, U.S. Department
of Labor, even if the Assistant Secretary is not a party.
    (d) If the ARB concludes that the respondent has violated the law,
the ARB will issue an order providing relief to the complainant. The
order will require, where appropriate, affirmative action to abate the
violation; reinstatement of the complainant to his or her former
position, together with the compensation (including back pay and
interest), terms, conditions, and privileges of the complainant's
employment; and payment of compensatory damages, including, at the
request of the complainant, the aggregate amount of all costs and
expenses (including attorney and expert witness fees) reasonably
incurred. Interest on back pay will be calculated using the interest
rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will
be compounded daily. The order will also require the respondent to
submit appropriate documentation to the Social Security Administration
allocating any back pay award to the appropriate calendar quarters.
Such order is subject to discretionary review by the Secretary as
provided in Secretary's Order 01-2020 (or any successor to that order).
    (e) If the ARB concludes that the respondent has not violated the
law, the ARB will issue an order denying the complaint. If, upon the
request of the respondent, the ARB determines that a complaint was
frivolous or was brought in bad faith, the ARB may award to the
respondent reasonable attorney fees, not exceeding $1,000. An order
under this section is subject to discretionary review by the Secretary
as provided in Secretary's Order 01-2020 (or any successor to that
order).

0
87. In Sec.  1988.112, revise paragraph (a) to read as follows:

Sec.  1988.112   Judicial review.

    (a) Within 60 days after the issuance of a final order (including a
decision issued by the Secretary upon his or her discretionary review)
for which judicial review is available, any person adversely affected
or aggrieved by the order may file a petition for review of the order
in the United States Court of Appeals for the circuit in which the
violation allegedly occurred or the circuit in which the complainant
resided on the date of the violation.
* * * * *

Title 41--Public Contracts and Property Management

Office of Federal Contract Compliance Programs

PART 50-203 RULES OF PRACTICE

0
88. The authority citation for part 50-203 continues to read as
follows:

    Authority:  Sec. 4, 49 Stat. 2038; 41 U.S.C. 38, unless
otherwise noted.

0
89. In Sec.  50-203.21, revise paragraph (d) to read as follows:

Sec.  50-203.21   Decisions.

* * * * *
    (d) Thereafter, the Administrative Review Board may issue a
decision ruling upon each exception filed and including any appropriate
wage determination. Any such decision shall be published in the Federal
Register after it becomes the final action of the Department.

PART 60--30 RULES OF PRACTICE FOR ADMINISTRATIVE PROCEEDINGS TO
ENFORCE EQUAL OPPORTUNITY UNDER EXECUTIVE ORDER 11246

0
90. The authority citation for part 60-30 continues to read as follows:

    Authority:  Executive Order 11246, as amended, 30 FR 12319, 32
FR 14303, as amended by E.O. 12086; 29 U.S.C. 793, as amended, and
38 U.S.C. 4212, as amended.

0
91. Revise Sec.  60-30.29 to read as follows:

Sec.  60-30.29   Record.

    After expiration of the time for filing briefs and exceptions, the
Administrative Review Board, United States Department of Labor, shall
make a decision, which shall be the Administrative order, on the basis
of the record. The record shall consist of the record for recommended
decision, the rulings and recommended decision of the Administrative
Law Judge and the exceptions and briefs filed subsequent to the
Administrative Law Judge's decision.

0
92. Revise Sec.  60-30.30 to read as follows:

Sec.  60-30.30   Administrative Order.

    After expiration of the time for filing, the Administrative Review
Board, United States Department of Labor, shall make a decision which
shall be served on all parties. If the Administrative Review Board,
United States Department of Labor, concludes that the defendant has
violated the Executive Order, the equal opportunity clause, or the
regulations, an Administrative Order shall be issued enjoining the
violations, and requiring the contractor to provide whatever remedies
are appropriate, and imposing whatever sanctions are appropriate, or
any of the above. In any event, failure to comply with the
Administrative Order shall result in the immediate cancellation,
termination, and suspension of the respondent's contracts and/or
debarment of the respondent from further contracts.

0
93. Revise Sec.  60-30.37 to read as follows:

Sec.  60-30.37   Final Administrative Order.

    After expiration of the time for filing exceptions, the
Administrative Review Board, United States Department of Labor, shall
issue an Administrative Order which shall be served on all parties.
Unless the Administrative Review Board, United States Department of
Labor, issues an Administrative Order within 30 days after the
expiration of the time for filing exceptions, the Administrative Law
Judge's recommended decision shall become a final Administrative Order
which shall become effective on the 31st day after expiration of the
time for filing exceptions. Except as to specific time periods required
in this subsection, 41 CFR 60-30.30 shall be applicable to this
section.

[FR Doc. 2020-10909 Filed 5-19-20; 8:45 am]
 BILLING CODE 4510-HL-P


[Federal Register Volume 83, Number 168 (Wednesday, August 29, 2018)]
[Notices]
[Pages 44101-44108]
[FR Doc No: 2018-18762]

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SECURITIES AND EXCHANGE COMMISSION

[Release Nos. 33-10538; 34-83935/August 24, 2018]

Order Making Fiscal Year 2019 Annual Adjustments to Registration
Fee Rates

I. Background

    The Commission collects fees under various provisions of the
securities laws. Section 6(b) of the Securities Act of 1933
(``Securities Act'') requires the Commission to collect fees from
issuers on the registration of securities.\1\ Section 13(e) of the
Securities Exchange Act of 1934 (``Exchange Act'') requires the
Commission to collect fees on specified repurchases of securities.\2\
Section 14(g) of the Exchange Act requires the Commission to collect
fees on specified proxy solicitations and statements in corporate
control transactions.\3\ These provisions require the Commission to
make annual adjustments to the applicable fee rates.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 77f(b).
    \2\ 15 U.S.C. 78m(e).
    \3\ 15 U.S.C. 78n(g).
---------------------------------------------------------------------------

II. Fiscal Year 2019 Annual Adjustment to Fee Rates

    Section 6(b)(2) of the Securities Act requires the Commission to
make an annual adjustment to the fee rate applicable under Section
6(b).\4\ The annual adjustment to the fee rate under Section 6(b) of
the Securities Act also sets the annual adjustment to the fee rates
under Sections 13(e) and 14(g) of the Exchange Act.\5\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 77f(b)(2). The annual adjustments are designed to
adjust the fee rate in a given fiscal year so that, when applied to
the aggregate maximum offering price at which securities are
proposed to be offered for the fiscal year, it is reasonably likely
to produce total fee collections under Section 6(b) equal to the
``target fee collection amount'' specified in Section 6(b)(6)(A) for
that fiscal year.
    \5\ 15 U.S.C. 78m(e)(4) and 15 U.S.C. 78n(g)(4).
---------------------------------------------------------------------------

    Section 6(b)(2) sets forth the method for determining the annual
adjustment to the fee rate under Section 6(b) for fiscal year 2019.
Specifically, the Commission must adjust the fee rate under Section
6(b) to a ``rate that, when applied to the baseline estimate of the
aggregate maximum offering prices for [fiscal year 2019], is reasonably
likely to produce aggregate fee collections under [Section 6(b)] that
are equal to the target fee collection amount for [fiscal year 2019].''
That is, the adjusted rate is determined by dividing the ``target fee
collection amount'' for fiscal year 2019 by the ``baseline estimate of
the aggregate maximum offering prices'' for fiscal year 2019.
    Section 6(b)(6)(A) specifies that the ``target fee collection
amount'' for fiscal year 2019 is $660,000,000. Section 6(b)(6)(B)
defines the ``baseline estimate of the aggregate maximum offering
prices'' for fiscal year 2019 as ``the baseline estimate of the
aggregate maximum offering price at which securities are proposed to be
offered pursuant to registration statements filed with the Commission
during [fiscal year 2019] as determined by the Commission, after
consultation with the Congressional Budget Office and the Office of
Management and Budget . . . .''
    To make the baseline estimate of the aggregate maximum offering
price for fiscal year 2019, the Commission is using a methodology that
has been used in prior fiscal years and that was developed in
consultation with the Congressional Budget Office and Office of
Management and Budget.\6\ Using this methodology, the Commission
determines the ``baseline estimate of the aggregate maximum offering
price'' for fiscal year 2019 to be $5,447,649,888,566. Based on this
estimate, the Commission calculates the fee rate for fiscal 2019 to be
$121.20 per million. This adjusted fee rate applies to Section 6(b) of
the Securities Act, as well as to Sections 13(e) and 14(g) of the
Exchange Act.
---------------------------------------------------------------------------

    \6\ Appendix A explains how we determined the ``baseline
estimate of the aggregate maximum offering price'' for fiscal year
2019 using our methodology, and then shows the arithmetical process
of calculating the fiscal year 2019 annual adjustment based on that
estimate. The appendix includes the data used by the Commission in
making its ``baseline estimate of the aggregate maximum offering
price'' for fiscal year 2019.
---------------------------------------------------------------------------

III. Effective Dates of the Annual Adjustments

    The fiscal year 2019 annual adjustments to the fee rates applicable
under Section 6(b) of the Securities Act and Sections 13(e) and 14(g)
of the Exchange Act will be effective on October 1, 2018.\7\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 77f(b)(4), 15 U.S.C. 78m(e)(6) and 15 U.S.C.
78n(g)(6).
---------------------------------------------------------------------------

IV. Conclusion

    Accordingly, pursuant to Section 6(b) of the Securities Act and
Sections 13(e) and 14(g) of the Exchange Act,\8\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 77f(b), 78m(e) and 78n(g).
---------------------------------------------------------------------------

    It is hereby ordered that the fee rates applicable under Section
6(b) of the Securities Act and Sections 13(e) and 14(g) of the Exchange
Act shall be $121.20 per million effective on October 1, 2018.

    By the Commission.
Brent J. Fields,
Secretary.

Appendix A

    Congress has established a target amount of monies to be
collected from fees charged to issuers based on the value of their
registrations. This appendix provides the formula for determining
such fees, which the Commission adjusts annually. Congress has
mandated that the Commission determine these fees based on the
``aggregate maximum offering prices,'' which measures the aggregate
dollar amount of securities registered with the Commission over the
course of the year. In order to maximize the likelihood that the
amount of monies targeted by Congress will be collected, the fee
rate must be set to reflect projected aggregate maximum offering
prices. As a percentage, the fee rate equals the ratio of the target
amounts of monies to the projected aggregate maximum offering
prices.
    For 2019, the Commission has estimated the aggregate maximum
offering prices by projecting forward the trend established in the
previous decade. More specifically, an ARIMA model was used to
forecast the value of the aggregate maximum offering prices for
months subsequent to July 2018, the last month for which the
Commission has data on the aggregate maximum offering prices.
    The following sections describe this process in detail.

A. Baseline estimate of the aggregate maximum offering prices for
fiscal year 2019.

    First, calculate the aggregate maximum offering prices (AMOP)
for each month in the sample (July 2008-July 2018). Next, calculate
the percentage change in the AMOP from month to month.
    Model the monthly percentage change in AMOP as a first order
moving average process. The moving average approach allows one to
model the effect that an exceptionally high (or low) observation of
AMOP tends to be followed by a more ``typical'' value of AMOP.
    Use the estimated moving average model to forecast the monthly
percent change in AMOP. These percent changes can then be applied to
obtain forecasts of the total dollar value of registrations. The
following is a more formal (mathematical) description of the
procedure:
    1. Begin with the monthly data for AMOP. The sample spans ten
years, from July 2008 to July 2018.
    2. Divide each month's AMOP (column C) by the number of trading
days in that month (column B) to obtain the average daily AMOP
(AAMOP, column D).
    3. For each month t, the natural logarithm of AAMOP is reported
in column E.
    4. Calculate the change in log(AAMOP) from the previous month as
[Delta]t = log

(AAMOPt)-log(AAMOPt-1). This approximates the
percentage change.
    5. Estimate the first order moving average model
[Delta]t = [alpha] + [beta]et-1 +
et, where et denotes the forecast error for
month t. The forecast error is simply the difference between the
one-month ahead forecast and the actual realization of
[Delta]t. The forecast error is expressed as
et = [Delta]t-[alpha]-[beta]et-1.
The model can be estimated using standard commercially available
software. Using least squares, the estimated parameter values are
[alpha] = 0.00446718 and [beta] = 0.94291195.
    6. For the month of August 2018 forecast
[Delta]t = 8/2017 = [alpha] +
[beta]et = 7/2017. For all subsequent months, forecast
[Delta]t = [alpha].
    7. Calculate forecasts of log(AAMOP). For example, the forecast
of log(AAMOP) for October 2018 is given by FLAAMOP
t = 10/2018 = log(AAMOP t = 7/2018) + [Delta]
t = 8/2018 +[Delta] t = 9/2018 + [Delta]
t = 10/2018.
    8. Under the assumption that et is normally
distributed, the n-step ahead forecast of AAMOP is given by
exp(FLAAMOPt + [sigma]n\2\/2), where
[sigma]n denotes the standard error of the n-step ahead
forecast.
    9. For October 2018, this gives a forecast AAMOP of $21.070
billion (Column I), and a forecast AMOP of $484.618 billion (Column
J).
    10. Iterate this process through September 2019 to obtain a
baseline estimate of the aggregate maximum offering prices for
fiscal year 2019 of $5,447,649,888,566.

B. Using the Forecasts From A To Calculate the New Fee Rate

    1. Using the data from Table A, estimate the aggregate maximum
offering prices between 10/01/18 and 9/30/19 to be
$5,447,649,888,566.
    2. The rate necessary to collect the target $660,000,000 in fee
revenues set by Congress is then calculated as: $660,000,000 /
$5,447,649,888,566 = 0.000121153.
    3. Round the result to the seventh decimal point, yielding a
rate of 0.0001212 (or $121.20 per million).
BILLING CODE 8011-01-P
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[GRAPHIC] [TIFF OMITTED] TN29AU18.011

[FR Doc. 2018-18762 Filed 8-28-18; 8:45 am]
 BILLING CODE 8011-01-C


[Federal Register Volume 79, Number 145 (Tuesday, July 29, 2014)]
[Notices]
[Page 44086]
[FR Doc No: 2014-17817]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

38th Meeting: RTCA Special Committee 206, Aeronautical
Information and Meteorological Data Link Services

AGENCY: Federal Aviation Administration (FAA), U.S. Department of
Transportation (DOT).

ACTION: Meeting Notice of RTCA Special Committee 206, Aeronautical
Information and Meteorological Data Link Services.

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

SUMMARY: The FAA is issuing this notice to advise the public of the
thirty-eighth meeting of the RTCA Special Committee 206, Aeronautical
Information and Meteorological Data Link Services.

DATES: The meeting will be held September 15-19 2014, 10:00 a.m.--11:30
a.m. (Central Time).

ADDRESSES: The meeting will be held at National Weather Service, 120
David L. Boren Blvd. Norman, OK 73072.

FOR FURTHER INFORMATION CONTACT: The RTCA Secretariat, 1150 18th Street
NW., Suite 910, Washington, DC 20036, or by telephone at (202) 330-
0652/(202) 833-9339, fax at<PHONE_NUMBER>, or Web site at http://www.rtca.org or Sophie Bousquet<EMAIL_ADDRESS>202-330-0663.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a) (2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a meeting of Special Committee 206. The agenda will
include the following:

September 15, 10:00 a.m.

Opening Plenary
 Opening remarks: DFO, Chairman, and Host
 Attendees' introductions
 Review and approval of meeting agenda, Action item review
 Approval of previous (DC) meeting minutes
 Industry Presentations

September 16, 8:30 a.m.

 Sub-Groups meetings

10:00 a.m.

 SG6: SE2020 Eddy Dissipation Rate (EDR) Turbulence Project

September 17, 8:30 a.m.

     Sub-Groups meetings

September 18, 8:30 a.m.

 Plenary: AC 00-45 Update

9:00 a.m.

 Plenary: SG-5 FIS-B MOPS Review
(Sub-Group meetings will occur if review ends early)

1:00 p.m.

 Sub-Group Meetings (Plenary: SG-5 FIS-B MOPS Review, if needed

September 19, 8:30 a.m.

Closing Plenary
 Sub-Groups' Reports
[cir] Decision to Approve FIS-B MOPS for FRAC Release
 TOR Changes
 Action item review
 Future meeting plans and dates
 Industry Coordination & Presentations
 Other business

11:30 a.m.

 Adjourn

    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on July 22 2014.
Mohannad Dawoud,
Management Analyst, NextGen, Business Operations Group, Federal
Aviation Administration.
[FR Doc. 2014-17817 Filed 7-28-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 29, 2005 (Volume 70, Number 228)]
[Notices]
[Page 71484-71487]
[DOCID:fr29no05-47]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL06-16-000]

Investigation of Terms and Conditions of Public Utility Market-
Based Rate Authorizations; Order Proposing Revisions to Market-Based
Rate Tariffs and Authorizations

Issued November 21, 2005.

    Before Commissioners: Joseph T. Kelliher, Chairman; Nora Mead
Brownell, and Suedeen G. Kelly
    1. The Commission issues this order pursuant to section 206 of the
Federal Power Act (FPA) \1\ to propose repeal of the Market Behavior
Rules, which are currently included in all public utility sellers'
market-based rate tariffs and authorizations.\2\ The central purpose of
the Market Behavior Rules is to prohibit market manipulation. In the
Energy Policy Act of 2005 (EPAct 2005),\3\ Congress enacted new section
222 of the FPA which specifically bars manipulation in connection with
the purchase or sale of wholesale electric energy or transmission
services and authorizes the Commission to promulgate rules and
regulations prohibiting market manipulation. In a Notice of Proposed
Rulemaking (NOPR) issued October 20, 2005, the Commission has proposed
rules to implement the new statutory anti-manipulation provisions.\4\
We propose repealing the Market Behavior Rules once we have issued
final regulations implementing the anti-manipulation provisions of
EPAct 2005 and have incorporated other aspects of the Market Behavior
Rules in appropriate Commission orders, rules, and regulations. We are
also requesting comment on whether the Market Behavior Rules should be
repealed prospectively.
---------------------------------------------------------------------------

    \1\ 16 U.S.C. 824e (2000).
    \2\ Investigation of Terms and Conditions of Public Utility
Market-Based Rate Authorizations, ``Order Amending Market-Based Rate
Tariffs and Authorizations,'' 105 FERC ] 61,218 (2003), reh'g
denied, 107 FERC ] 61,175 (2004) at Appendix A (the Market Behavior
Rules Order). The Market Behavior Rules are currently on appeal. See
Cinergy Marketing & Trading, L.P. v. FERC, Nos. 04-1168 et al. (DC
Cir., appeal filed April 28, 2004).
    \3\ Energy Policy Act of 2005, Public Law No. 109-58, 119 Stat.
594 (2005).
    \4\ Prohibition of Energy Market Manipulation, 113 FERC ] 61,067
(2005) (NOPR).
---------------------------------------------------------------------------

Background

    2. On November 17, 2003, acting pursuant to section 206 of the FPA,
we amended all market-based rate tariffs and authorizations to include
the Market Behavior Rules. We determined that sellers' market-based
tariffs and authorizations to make sales at market rates would be
unjust and unreasonable unless they included clearly-delineated rules
governing market participant conduct, and that the Market Behavior
Rules fairly apprised market participants of their obligations in
competitive power markets and were just and reasonable.\5\
---------------------------------------------------------------------------

    \5\ Market Behavior Rules Order, 105 FERC ] 61,218 at PP 3, 158-
74.
---------------------------------------------------------------------------

    3. Market Behavior Rule 1 requires sellers to follow Commission-
approved rules and regulations in organized power markets. These rules
and regulations are part of the tariffs of Independent System Operators
(ISO) or Regional Transmission Organizations (RTO), and sellers'
agreements to operate within ISOs and RTOs bind them to follow the
applicable rules and regulations of the organized market.
    4. Market Behavior Rule 2 prohibits ``actions or transactions that
are without a legitimate business purpose and that are intended to or
foreseeably could

manipulate market prices, market conditions, or market rules for
electric energy or electricity products.'' Actions or transactions
explicitly contemplated in Commission-approved rules and regulations of
an organized market, or undertaken by a market-based rate seller at the
direction of an ISO or RTO, however, are not violations of Market
Behavior Rule 2. In addition, Market Behavior Rule 2 prohibits certain
specific behavior: Rule 2(a) prohibits wash trades, Rule 2(b) prohibits
transactions predicated on submitting false information, Rule 2(c)
prohibits the creation and relief of artificial congestion, and Rule
2(d) prohibits collusion for the purpose of market manipulation.
    5. Market Behavior Rule 3 requires sellers to provide accurate and
factual information, and not to submit false or misleading information
or to omit material information, in any communication with the
Commission, market monitors, ISOs, RTOs, or jurisdictional transmission
providers.
    6. Market Behavior Rule 4 deals with reporting of transaction
information to price index publishers. It requires that if a seller
reports transaction data, the data be accurate and factual, and not
knowingly false or misleading, and be reported in accordance with the
Commission's Policy Statement on price indices.\6\ Rule 4 also requires
that sellers notify the Commission of whether they report transaction
data to price index publishers in accordance with the Policy Statement,
and to update any changes in their reporting status.
---------------------------------------------------------------------------

    \6\ Policy Statement on Natural Gas and Electric Price Indices,
104 FERC ] 61,121 (2003).
---------------------------------------------------------------------------

    7. Market Behavior Rule 5 requires that sellers retain for a
minimum three year period all data and information upon which they
billed the prices charged for electricity and related products in sales
made under their market-based rate tariffs and authorizations or in
transactions the prices of which were reported to price index
publishers.
    8. Finally, Market Behavior Rule 6 directs sellers not to violate,
or to collude with others in actions that violate, sellers' market-
based rate codes of conduct or the Standards of Conduct under Part 358
of our regulations.\7\
---------------------------------------------------------------------------

    \7\ 18 CFR part 358 (2005).
---------------------------------------------------------------------------

    9. At the same time that the Market Behavior Rules were adopted for
jurisdictional wholesale electric transactions, the Commission issued
Order No. 644, which introduced parallel provisions in part 284 of our
regulations under the Natural Gas Act governing pipelines and holders
of blanket certificate authority that sell natural gas at wholesale.\8\
Not every aspect of the electric Market Behavior Rules was applicable
in the natural gas sales context, however. The part 284 regulations
encompass Market Behavior Rule 2, including wash sales and collusion to
manipulate, and Market Behavior Rules 4 and 5.
---------------------------------------------------------------------------

    \8\ 18 CFR 284.288 and 284.403 (2005).
---------------------------------------------------------------------------

EPAct 2005 and Proposed New Rules

    10. As noted, section 1283 of EPAct 2005 amended the FPA to add a
new section 222, which prohibits the use or employment of ``any
manipulative or deceptive device or contrivance'' in connection with
the purchase or sale of electric energy or transmission services
subject to the jurisdiction of the Commission. In order to implement
the anti-manipulation provisions of FPA section 222, we issued the NOPR
proposing new regulations (proposed part 47 regulations) to make it
unlawful for any entity, directly or indirectly, in connection with the
purchase or sale of electric energy or the purchase or sale of
transmission services subject to the jurisdiction of the Commission (1)
to use or employ any device, scheme, or artifice to defraud, (2) to
make any untrue statement of a material fact or to omit to state a
material fact necessary in order to make the statements made, in the
light of the circumstances under which they were made, not misleading,
or (3) to engage in any act, practice, or course of business that
operates or would operate as a fraud or deceit upon any person.\9\
---------------------------------------------------------------------------

    \9\ The proposed part 47 regulations are also provided in
Attachment A hereto.
---------------------------------------------------------------------------

    11. In the NOPR we recognized that Market Behavior Rule 2 also
prohibits manipulative conduct. We noted that conduct that violates
both Market Behavior Rule 2 and the proposed part 47 regulations will
be treated as one violation of anti-manipulation rules, and that we
will not apply duplicative penalties for the same conduct in the event
that conduct were to violate both Market Behavior Rule 2 and the
proposed part 47 regulations. We also indicated that we would seek
comment on whether Market Behavior Rule 2 should be revised or repealed
in light of the proposed part 47 regulations.

Discussion

    12. Our goal is to provide firm but fair enforcement of the
statutes, orders, rules, and regulations we administer. To do so, it is
important that our rules be as clear as possible so that market
participants and entities subject to our rules and regulations
understand what conduct is proscribed and can act accordingly.\10\ We
propose to repeal the Market Behavior Rules in light of the proposed
part 47 regulations to implement the new anti-manipulation provisions
contained in section 222 of the FPA and of the Commission's other rules
and regulations.\11\ All market-based rate sellers are ``entities''
subject to EPAct 2005 and therefore will be subject to the new
regulations prohibiting manipulation, deceit, and fraud in connection
with wholesale electricity transactions. Other aspects of the Market
Behavior Rules either reflect existing requirements or can be
incorporated into other rules, making it unnecessary to retain the
separate list of rules in each seller's tariff.
---------------------------------------------------------------------------

    \10\ As discussed in the NOPR (at P 14), section 222 of the FPA,
as added by section 1283 of EPAct 2005, and the proposed part 47
regulations are patterned after section 10(b) of the Securities
Exchange Act of 1934 and related regulations, which provides a level
of certainty as to how the proposed rules will operate that is not
typically available.
    \11\ Concurrently with this order, we are issuing a Notice of
Proposed Rulemaking in Docket No. RM06-5-000 to consider similar
changes in our part 284 regulations promulgated in Order No. 644.
---------------------------------------------------------------------------

    13. We think that repeal of the Market Behavior Rules will simplify
the Commission's rules and regulations, avoid confusion, and provide
greater clarity and regulatory certainty to the industry. At the same
time, we think that the behaviors described in the Market Behavior
Rules will still be addressed through other rules and regulations. We
emphasize our belief that repeal of the Market Behavior Rules is
intended to take into account the passage of EPAct 2005, which has
provided the Commission with expanded anti-manipulation authority, and
to simplify and streamline the rules and regulations sellers must
follow, not to eliminate beneficial rules governing market behavior.
    14. The heart of the Market Behavior Rules are Rules 2 and 3,
prohibiting manipulation and requiring complete, accurate, and factual
representations. We recognize that there is overlap between Market
Behavior Rules 2 and 3 and the proposed part 47 regulations. We are
concerned that this could cause unnecessary confusion and regulatory
uncertainty once the proposed part 47 regulations are in place. It is
our view that the scope of the new statutory prohibition on
manipulation and the reach of the proposed part 47 regulations
eliminate the need for Market Behavior Rules 2 and 3.
    15. We recognize there are some differences, but the differences do
not seem to require keeping the Market Behavior Rules once the new part
47

regulations are final.\12\ For instance, there is a difference in the
standard of proof between Market Behavior Rule 2 and the proposed part
47 regulations. In new section 222 of the FPA, Congress used the terms
``manipulative or deceptive device or contrivance'' and directed that
they be given the same meaning as used in section 10b of the Securities
Exchange Act of 1934.\13\ Those terms have been interpreted to require
a showing of scienter, that is, an intent to deceive, manipulate or
defraud.\14\ In other words, knowing, intentional, or reckless conduct
is proscribed.\15\ In contrast, Market Behavior Rule 2 does not require
a showing of scienter, as it prohibits actions or transactions that
``foreseeably'' could manipulate market prices, conditions, or rules.
The ``foreseeably'' requirement has generated controversy and
uncertainty, however. We believe the use of a scienter standard, given
the precedent in other regulatory contexts, will draw a clearer line
between acceptable and prohibited behavior.
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    \12\ The timing of proposed repeal is important. We do not
intend to leave any gap in our regulations prohibiting manipulation
of energy markets or other requirements of the Market Behavior
Rules.
    \13\ 15 U.S.C. 78j(b)(2005).
    \14\ Ernst & Ernst v. Hochfelder, 425 U.S. 185, 201 (1976).
    \15\ Sundstrand Corp. v. Sun Chemical Corp., 553 F.2d 1033 (7th
Cir.), cert. denied, 434 U.S. 875 (1977) (defining recklessness in
the section 10(b) and Rule 10b-5 context as ``a highly unreasonable
omission, involving not merely simple, or even inexcusable
negligence, but an extreme departure from the standards of ordinary
care, and which presents a danger of misleading buyers or sellers
that is either known to the defendant or is so obvious that the
actor must have been aware of it.''); accord In Re Silicon Graphics
Securities Litigation, 183 F.3d 970, 977 (9th Cir. 1999).
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    16. We also note that the new authority granted to the Commission
in section 222 of the FPA and our proposed part 47 regulations cover
more transactions and more entities than is the case for Market
Behavior Rule 2, which governs only market-based rate sellers. More
precisely, Congress made the anti-manipulation provisions of section
222 applicable to ``any entity'' and in connection with both the
purchase and sale of electric energy, as well as the purchase and sale
transmission services subject to our jurisdiction. Market Behavior Rule
2, on the other hand, is applicable only to sales by ``public
utilities'' that have market-based rate authority, a smaller subset of
the entities and types of transactions subject to the section 222
prohibition of manipulation.
    17. Market Behavior Rule 2 also includes a statement that actions
or transactions explicitly contemplated in Commission-approved rules
and regulations of an organized market, or undertaken by a market-based
rate seller at the direction of an ISO or RTO, are not violations of
Market Behavior Rule 2. Actions or transactions pursuant to Commission-
approved rules and regulations of an organized market, or pursuant to
the direction of a Commission-approved RTO or ISO, are an affirmative
defense to a claim of manipulation under the proposed part 47
regulations, and therefore we will presume that such actions or
transactions are not a violation of the proposed part 47 regulations.
However, we seek comment on whether it is necessary to retain this
provision in market-based rate tariffs.
    18. Similarly, it is our view that it is not necessary to retain
the explicit prohibitions against certain conduct set forth in Market
Behavior Rule 2 (wash trades, transactions predicated on submitting
false information, transactions creating and relieving artificial
congestion, and collusion for the purpose of market manipulation).
These are examples of prohibited manipulation, all of which are
manipulative or deceptive devices or contrivances. Thus, all would be
barred by the proposed part 47 regulations. For example, wash trades or
transactions to create and relieve artificial congestion would be
devices or schemes to defraud (proposed Sec.  47.1(a)(1)). Transactions
predicated on false information would also involve untrue statements of
material facts (proposed Sec.  47.1(a)(2)). It is our view that market
participants are on notice that these are prohibited activities under
the proposed part 47 regulations, subject to penalty and remedial
action.
    19. Similarly, with respect to Market Behavior Rule 3, if a seller
fails to provide accurate and factual information, or acts in a
misleading way, that conduct would be a deceit or fraud and would be a
violation of the proposed part 47 regulations. Our view is that, like
Market Behavior Rule 2, conduct subject to Market Behavior Rule 3 would
also be covered by the proposed part 47 regulations. Here too, it would
be confusing to retain a duplicative set of rules governing market
conduct.
    20. Turning to the other Market Behavior Rules, it appears that the
requirements imposed there either are duplicative of other rules or
regulations or can be incorporated into other rules of general
applicability. For instance, Market Behavior Rule 1 is essentially a
restatement of existing obligations to comply with Commission rules and
regulations in organized markets. These are tariff requirements of the
ISOs and RTOs, and failure of a market participant to follow these
rules and regulations is enforceable through the organized market's
tariff and related agreements.
    21. The first part of Market Behavior Rule 4, requiring sellers to
provide accurate data to price index publishers if the seller is
reporting transactions to such publishers, calls for accurate and
truthful representations. It is our view that failure to do so would be
a violation of the proposed part 47 regulations. Market Behavior Rule 4
also includes a requirement that sellers notify the Commission of their
price reporting status and any changes in that status. This does not
appear elsewhere in our current or proposed regulations. We note,
however, that price transparency is also addressed by EPAct 2005, which
adds new section 220 to the FPA.\16\ Section 220 gives us authority to
promulgate rules and regulations necessary to facilitate price
transparency. We intend to address market transparency issues in a
separate proceeding, and anticipate that rules adopted in that
proceeding will address the Market Behavior Rule 4 requirements for
providing transaction information to price index publishers and
informing the Commission of price reporting status.
---------------------------------------------------------------------------

    \16\ In addition, EPAct 2005 section 1282 enacted new FPA
section 221, which contains a new prohibition on providing false
information. No entity, including an FPA section 201(f) entity,
``shall willfully and knowingly report any information relating to
the price of electricity sold at wholesale or the availability of
transmission capacity * * * to a Federal agency with intent to
fraudulently affect the data being compiled by the Federal agency.''
This prohibition is wider in scope than current Market Behavior Rule
4 because it applies to any ``entity'' and is not restricted to
jurisdictional sales or transmission services.
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    22. Market Behavior Rule 5 requires sellers to maintain certain
records for a period of three years to reconstruct prices charged for
electricity and related products. The Commission has a number of
specific record retention requirements applicable to public utilities
subject to the jurisdiction of the Commission in part 125 of our
regulations.\17\ In many cases, these requirements are for time periods
longer than three years. The part 125 requirements are largely related
to cost-of-service rate requirements, however. We believe it is
important that all market-based rate sellers retain the data and
information described in Market Behavior Rule 5. We intend to address
this retention requirement in the context of our rules under the FPA,
such that there will be no gap in the retention

requirement. We believe that doing so would eliminate the need to
retain Market Behavior Rule 5.
---------------------------------------------------------------------------

    \17\ 18 CFR part 125 (2005).
---------------------------------------------------------------------------

    23. Finally, Market Behavior Rule 6 requires adherence to codes of
conducts and the Standards of Conduct, and prohibits collusion to
violate the codes of conduct or the Standards of Conduct. The codes of
conduct are issued specifically to each market-based rate seller as
part of their authorization, and the Standards of Conduct are
applicable by rule to all market-based rate sellers engaged in or
having affiliates engaged in transmission services. Our view is that
Market Behavior Rule 6 restates requirements independently applicable
to market-based rate sellers, except for the prohibition on colluding
to violate the codes of conduct or Standards of Conduct. But collusion
is a type of fraud,\18\ and thus collusion to violate codes of conduct
or Standards of Conduct would be subject to the proposed part 47
regulations.
---------------------------------------------------------------------------

    \18\ Fraud and collusion are often used interchangeably. See,
e.g., Martin v. Wilks, 490 U.S. 755, 772 (1989). The Supreme Court
long ago found fraud to be implicit in collusion. Wheeler v. Denver,
229 U.S. 342, 350 (1913) (``of course, the existence of collusion
implies the existence of fraud''); Dickerman v. Northern Trust Co.,
176 U.S. 181, 190 (1900) (``Collusion * * * implies the existence of
fraud of some kind, the employment of fraudulent means, or lawful
means for the accomplishment of an unlawful purpose * * *.'').
---------------------------------------------------------------------------

    24. In addition to simplifying our behavior rules, avoiding
confusion, and providing more regulatory certainty, it is also our view
that a smooth transition from the existing Market Behavior Rules to the
proposed part 47 regulations and other rules and regulations achieves
our original goal in adopting the Market Behavior Rules, that is, to
assure that wholesale market rates for electric energy are just,
reasonable, and not unduly discriminatory or preferential. In EPAct
2005, Congress has provided broad and strong prohibitions of market
manipulation, and reliance on rules implementing these statutory
prohibitions will likewise assure that wholesale markets reflect
competitive forces and produce just and reasonable rates.
    25. We seek comment on whether the Market Behavior Rules should be
repealed prospectively, including responses to the following questions:
    1. Are there any aspects of the Market Behavior Rules that should
be retained in market-based rate sellers' tariffs and authorizations,
or can all substantive provisions of the Market Behavior Rules be
reflected in the proposed part 47 regulations and other Commission
rules and regulations?
    2. Is there a need or basis for retaining existing Market Behavior
Rule 2 in light of the anti-manipulation provisions set forth in the
proposed part 47 regulations?
    3. Should the Commission incorporate the qualification that no
action or transaction explicitly contemplated by Commission rules, or
undertaken at the direction of an ISO or RTO, is a violation of Market
Behavior Rule 2 into the proposed part 47 regulations?
    4. Should the affirmative defense of ``legitimate business
purpose'' in existing Market Behavior Rule 2 be retained in any form?
    5. Is there any aspect of behavior forbidden by Market Behavior
Rule 3 that would not act as a fraud or deceit in connection with the
purchase or sale of electric energy or transmission services subject to
the Commission's jurisdiction?
    6. Is the requirement of Market Behavior Rule 4 to report
transaction information accurately, to the extent a seller reports such
information to price index publishers, necessary in light of the
proposed part 47 regulations?
    7. Is there any aspect of Market Behavior Rule 6 that is not
covered directly and explicitly by each seller's code of conduct as
contained in tariff authorizations, or by the Standards of Conduct in
part 358 of our regulations, or by the proposed part 47 regulations?
    26. We encourage responses to the specific questions above as well
as additional relevant comments regarding whether the Market Behavior
Rules should be repealed.
    27. The Commission invites interested persons to submit comments on
the matters, issues, and specific questions identified in this order.
Comments are due thirty (30) days from the date of publication of this
order in the Federal Register, and reply comments are due fifteen (15)
days from the date that initial comments are due. To facilitate the
Commission's review of the comments, the Commission requests that
commentors provide an executive summary of their position. In addition,
the Commission requests that commentors identify each specific question
addressed by their comments and use appropriate headings.

The Commission Orders

    (A) Pursuant to the authority contained in and subject to the
jurisdiction conferred upon the Commission by section 402(a) of the
Department of Energy Organization Act and by the FPA, particularly
section 206 thereof, and pursuant to the Commission's Rules of Practice
and Procedure and the regulations under the FPA (18 CFR Chapter I), the
Commission proposes to revise all public utility sellers' market-based
rate tariffs and authorizations as discussed in the body of this order.
    (B) Interested entities may file comments and reply comments
regarding the proposed prospective repeal of the Market Behavior Rules
set forth herein. Initial comments will be due 30 days from the date
this order is published in the Federal Register, and reply comments
will be due 15 days from the date that initial comments are due to be
filed.
    (C) The Secretary shall promptly publish this order in the Federal
Register.

    By the Commission.
Magalie R. Salas,
Secretary.
[FR Doc. 05-23467 Filed 11-28-05; 8:45 am]

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[Federal Register: May 5, 2008 (Volume 73, Number 87)]
[Notices]
[Page 24588]
[DOCID:fr05my08-466]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER08-665-000; ER08-665-001]

Eastland Power LLC; Notice of Issuance of Order

April 25, 2008.
    Eastland Power LLC (Eastland Power) filed an application for
market-based rate authority, with an accompanying rate schedule. The
proposed market-based rate schedule provides for the sale of energy and
capacity. Eastland Power also requested waivers of various Commission
regulations. In particular, Eastland Power requested that the
Commission grant blanket approval under 18 CFR Part 34 of all future
issuances of securities and assumptions of liability by Eastland Power.
    On April 24, 2008, pursuant to delegated authority, the Director,
Division of Tariffs and Market Development-West, granted the requests
for blanket approval under Part 34 (Director's Order). The Director's
Order also stated that the Commission would publish a separate notice
in the Federal Register establishing a period of time for the filing of
protests. Accordingly, any person desiring to be heard concerning the
blanket approvals of issuances of securities or assumptions of
liability by Eastland Power should file a protest with the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426, in accordance with Rules 211 and 214 of the Commission's Rules
of Practice and Procedure. 18 CFR 385.211, 385.214 (2004). The
Commission encourages the electronic submission of protests using the
FERC Online link at http://www.ferc.gov.
    Notice is hereby given that the deadline for filing protests is May
27, 2008.
    Absent a request to be heard in opposition to such blanket
approvals by the deadline above, Eastland Power is authorized to issue
securities and assume obligations or liabilities as a guarantor,
indorser, surety, or otherwise in respect of any security of another
person; provided that such issuance or assumption is for some lawful
object within the corporate purposes of Eastland Power, compatible with
the public interest, and is reasonably necessary or appropriate for
such purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of Eastland Power's issuance of securities or
assumptions of liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the
docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a) (1) (iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-9776 Filed 5-2-08; 8:45 am]

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