Supporting Statement

for

Enhanced Maritime Domain Awareness via

Electronic Transmission of Vessel Transit Data

OMB No.: 1625-0112

COLLECTION INSTRUMENTS:  Instruction

A.  Justification

1.  Circumstances that make the collection of information necessary.

As stated in The National Strategy for Maritime Security (September
2005) (NSMS), a key national security requirement is the effective
understanding of all activities, events, and trends within any relevant
domain – air, land, sea, space, and cyberspace – that could threaten
the safety, security, economy, or environment of the United States and
its people.  Awareness and threat knowledge are critical for securing
the maritime domain and the key to preventing adverse events.  Knowledge
of an adversary’s capabilities, intentions, methods, objectives,
goals, ideology, and organizational structure, plus factors that
influence his behavior, are used to assess adversary strengths,
vulnerabilities, and centers of gravity.  Also, information on critical
infrastructure and other potential targets of adverse events allows for
their adequate protection and coordination of efforts to provide that
protection.  Such knowledge is essential to supporting decision-making
for planning, identifying requirements, prioritizing resource
allocation, and implementing maritime security operations.  Domain
awareness enables the early identification of potential threats and
enhances appropriate responses, including interdiction at an optimal
distance with capable prevention forces.

The Maritime Transportation Security Act of 2002 (MTSA) (Pub. L.
107-295, 46 U.S.C. 70115) mandates, consistent with international
treaties, that the U.S. Coast Guard (delegated from the Secretary)
“develop and implement a long-range automated vessel tracking system
for all vessels in United States waters that are equipped with the
Global Maritime Distress and Safety System [GMDSS] or equivalent
satellite technology.  The system shall be designed to provide the
Secretary the capability of receiving information on vessel positions at
interval positions appropriate to deter transportation security
incidents.  The Secretary may use existing maritime organizations to
collect and monitor tracking information under the system.”  The
International Convention for the Safety of Life at Sea, 1974, as amended
(SOLAS) implemented the international regime for Long Range
Identification and Tracking (LRIT) of Ships in SOLAS, Chapter V,
Regulation 19-1 (SOLAS V/19-1).  The U.S. implementing regulations are
in 33 CFR 169 subpart C.

The MTSA also mandates certain vessels carry onboard Automatic
Identification System (AIS) equipment.  MTSA (46 U.S.C. 70114) further
directs the Secretary of the Department in which the Coast Guard is
operating to “implement a system to collect, integrate, and analyze
information concerning vessels operating on or bound for waters subject
to the jurisdiction of the United States.”  The Coast Guard
established a Nationwide AIS (NAIS) project to collect AIS transmissions
and enhance our Maritime Domain Awareness (MDA) by providing information
that helps assess the potential threat posed by a vessel operating in
waters under U.S. jurisdiction as well as by enhancing navigation safety
and mitigating collision amongst AIS-networked vessels.

The collection of information also supports the following strategic
goals:

Department of Homeland Security

Awareness – Identify and understand threats, assess vulnerabilities,
determine potential impacts and disseminate timely information to our
homeland security partners and the American public.

Prevention – Detect, deter and mitigate threats to our homeland.

Protection – Safeguard our people and their freedoms, critical
infrastructure, property, the economy of our nation from acts of
terrorism, natural disasters, or other emergencies.

Coast Guard

Maritime Security – Protect the public, the environment, and U.S.
economic interests – in the nation’s ports and waterways, along the
coast, on international waters, or in any maritime region as required to
support national security.

Maritime Safety – Protect our maritime borders from all intrusions by
halting the flow of illegal drugs, aliens, and contraband into this
country through maritime routes; preventing illegal fishing; and
suppressing violations of federal law in the maritime region.

Protection of Natural Resources – Eliminate environmental damage and
natural resource degradation associated with all maritime activities,
including transportation, commercial fishing, and recreational boating.

National Defense – Defend the nation and enhance regional stability in
support of the National Security Strategy.

Maritime Mobility – facilitate maritime commerce, and reduce
interruptions and impediments to the economic movement of goods and
people, especially in Vessel Traffic Service areas.

Prevention Policy & Response Policy Directorates (CG-5P & CG-5R)

Maritime Security

Maritime Safety

Protection of Natural Resources

2.  Purposes of the information collection.

The Coast Guard collects and retains vessel information that is
broadcast via transponder-style equipment (such as LRIT or AIS).  This
information is primarily used by the USCG.  However, the data, combined
and correlated with other information may be shared with Federal, State,
and local government agencies and foreign governments partnering with
the Coast Guard in an effort to expand MDA; and, with other responsible
maritime interest to enhance marine safety, security and environmental
protection.  Vessels subject to AIS-carriage requirements under MTSA
also have access to the same near real-time information provided by
other AIS-equipped vessel’s in their vicinity (VHF-FM radio range),
increasing their own awareness and ability to prevent accidents.

As discussed above, the MTSA mandates the Coast Guard require certain
vessels to transmit vessel transit data.  Data from the vessels
transmitted by LRIT & AIS is collected and compiled outside of the LRIT
or AIS system to provide the Coast Guard with a near real-time common
operating picture of the maritime environment.  The Coast Guard compiles
this data, correlate it with other sources the Coast Guard has access
to, and analyzes this information to detect anomalies and, identify
potential threats to the nation and the environment.  The information is
included in the Coast Guard’s Common Operational Picture (COP) for
sharing and dissemination to decision-makers.  The COP is the primary
National Maritime system for sharing operational data among those who
need it to perform or support Coast Guard roles and other national
missions

This information collection, storage, and analysis greatly expands the
breadth and depth of the Coast Guard’s and our Nation’s MDA.  LRIT &
AIS enhance security by providing the United States with the identities
and current location of vessels off our coastlines.  This provides the
United States time to evaluate the security risk posed by a vessel and
then respond, if necessary, to reduce the risk of a possible security
threat.  In addition, there is also an immediate safety benefit by
enhancing the information available to SAR services.  Accurate
information on the location of a vessel in distress as well as vessels
in the area that could lend assistance will save valuable response time
to affect a timely rescue.  The storage of vessel transit data also
allows for analysis in support of such needs as vessel movement trend
analysis, anomaly detection, and increasing efficiencies in the
performance of Coast Guard missions.

3.  Consideration of the use of improved information technology.

Vessel transit data is collected electronically via a transponder-style
system.  Transponders transmit information automatically without the
need for voice radio communications.  We estimate that 100% of the
reporting requirements are done electronically.

4.  Efforts to identify duplication.

There is no Federal, State, or local agency that requires this
information collection.  Therefore, there is no duplication of
information collection efforts by the government.  The information
collected from this effort may be used by other agencies in support of
their own goals.

5.  Methods to minimize the burden to small businesses if involved.

This information collection does not have an impact on small businesses
or other small entities.

6.  Consequences to the Federal program if collection were not done or
conducted less frequently.

If vessel transmissions were not collected, the Coast Guard would not
avail itself of critical identification information on a large and
diverse vessel population transiting our maritime domain.  This could
significantly impact marine safety, security and environmental
protection, limit the Coast Guard’s ability to respond to a vessel
emergency in a timely and efficient manner, and undermine our MDA.

7.  Special collection circumstances.

This information collection is conducted in manner consistent with the
guidelines in 5 CFR 1320.5(d)(2).

8.  Consultation.

A 60-day Notice will be published in the Federal Register to obtain
public comment on this collection.

9.  Provide any payments or gifts to respondents.

There is no offer of monetary or material value for this information
collection.

10.  Describe any assurance of confidentiality provided to respondents.

There are no assurances of confidentiality provided to the respondents
for this information collection.

11.  Additional justification for any questions of a sensitive nature.

There are no questions of sensitive language.

12.  Estimates of reporting and recordkeeping hour and cost burdens of
the collection of information.

The estimated annual number of respondents is 9,535 (613 + 8,922).

The estimated annual number of responses is 534,557 (613 + 533,944).

The estimated annual hour burden is 47,245 (204 + 47,041).

The estimated annual cost burden is $1,481,119 (22,848 + 1,458,271).

FOR THE LRIT REPORTING AND RECORDKEEPING REQUIREMENTS—

The estimated number of respondents is 613 annually.  We estimate the
number of responses to be 613 annually.

We estimate that annually each respondent will have a 20-minute burden.
This burden accounts for—

a one-time GMDSS LRIT system initialization for each vessel,

subsequent annual system check, and

occasional logbook entries when a ship master switches off the LRIT
equipment or the LRIT equipment fails to operation.

Once the LRIT equipment is on and initialized, no further action is
necessary.  Data transmission from the equipment will occur
automatically.

Therefore, we estimate the annual hour burden is 204 hours for all
vessels (613 U.S. ships x 1/3 hour = 204 hours).  Assuming the
Vessel’s Master performs the required LRIT actions (at an hourly rate
of $112/hour, the annual cost burden is $22,848 (204 hours X $112/hour).

FOR THE AIS REPORTING REQUIREMENTS—

Number of Respondents

Respondents are summarized in the table below.

Total Respondents

Vessel Type	Total Respondents

Domestic	8,848

Foreign-Flag	74

Total	8,922

Number of Responses

Total Annual Number of Responses = (Total Vessel Number *
Initializations per Year) + (Total Domestic Vessel Number * Avg. Number
of Domestic Entry Responses per Year) + (Total Foreign-Flag Vessel
Number * Avg. Number of Foreign-Flag Entry Responses per Year).  These
statistics are summarized in the table below and elaborated upon in the
following sub-sections.

Total Annual Responses

Vessel Type	Total Vessel Number	Initialization Responses Per Year	Avg.
Number of Entry Responses Per Year	Total Number of Responses Per Year

Domestic	8,848	1	9 and 164*	533,574

Foreign-Flag	74	1	5	370

Total	8,922	-	-	533,944

*The variation in the number of trips made is dependent on the vessel
class.

Estimated Hour Burden

The Coast Guard estimates that it takes a one-time sum of 20 minutes to
initialize (& annually conduct system upgrades) the AIS on a vessel and
5 minutes per voyage to enter vessel specific information into the AIS
system.  Furthermore, the Coast Guard estimates that a domestic vessel
will take an average of 9 and 164 voyages per year, dependent upon the
vessel class and includes current users, that require information entry
into the AIS systems while foreign-flag vessels will take an average of
5 voyages per year requiring the same updates.  The total number of
burden hours then is estimated to be the following:

Initialization

2,920 hours for domestic ships not yet equipped to initialize the AIS
System (8,848 domestic ships * 1/3 hour (0.33) per initialization).

24 hours for foreign-flag vessels not yet equipped to initialize the AIS
system (74 foreign-flag vessels * 1/3 (0.33) hour per initialization).

2,944 total annual hour burden for both domestic and foreign-flag
vessels not yet quipped to initialize onboard AIS systems.

Voyage Specific Information Entry

44,066 hours for domestic ships to enter voyage specific information
(8,848 domestic ships * 1/12 hour (0.083) per entry * 164 voyages per
year for certain vessel classes (9 voyages per year for other vessel
classes).

31 hours for foreign-flag vessels to enter voyage specific information
(74 foreign-flag vessels * 1/12 hour (0.083) per entry * 5 voyages per
year).

44,097 total annual hour burden for both domestic and foreign-flag
vessels to enter voyage specific information into onboard AIS systems.

Total Annual Hour Burden for AIS Initialization and Vessel Specific
Information Entry

47,041 total annual hour burden for AIS initialization and vessel
specific information entry (2,944 total hour burden for initialization +
44,097 total annual hour burden for voyage specific information entry).

Estimated Cost Burden

The industry cost is based on an average hourly wage of $31/hour.

Estimate Hourly AIS Initialization Cost Per Year

Vessel Type	Initialization Hours	Hourly Cost	Total Hourly Cost

Domestic	1/3	$31.00	$10.33

Foreign-Flag	1/3	$31.00	$10.33

Estimate Hourly AIS Update Entry Cost Per Year

Vessel Type	Ind. Voyage Entry Hours	Avg. Number of Voyages	Hourly Cost

Domestic	1/12	9 (and 164)	$31.00

Foreign-Flag	1/12	5	$31.00

Total Estimate Hourly Cost for AIS Initialization and AIS Update Entry

Vessel Type	Annual Initialization Cost	Annual Update Entry Cost

Domestic	$10.33	$23.25

Foreign-Flag	$10.33	$12.92

*Initialization is performed once, updates are annual.

The estimated annual cost burden is:

$1,456,566 for domestic ships ($31.00 * 46,986 total domestic burden
hours)

$1,705 for foreign-flag vessels [$31.00 * 55 (24 initial + 31 voyage
specific) total foreign-flag burden hours]

$1,458,271 total annual burden for affected domestic and foreign-flag
vessels

13.  Total annualized capital and start-up costs.

There are no capital, start-up or maintenance costs associated with this
information collection.

14.  Estimates of annualized Federal Government costs.

For LRIT, we estimate that the U.S. Government will incur data
transmission costs of approximately $223,750 (613 vessels x 4
transmission per day/vessel x 365 days/year (or about 895,000
transmissions) x $0.25 per transmission) annually from U.S. vessels.
For AIS, we estimate that the U.S. Government cost is approximately $26
million per year to operate the Nationwide AIS capability.  Thus, the
estimated annual Federal Government cost is about $26.23 million/year.

15.  Explain the reasons for the change in burden.

The change in burden is an ADJUSTMENT due to a change (i.e., increase)
in the estimated annual number of responses.  There is no proposed
change to the reporting or recordkeeping requirements of this
collection.  The reporting and recordkeeping requirements, and the
methodology for calculating burden, remain unchanged.

16.  Plans for tabulation, statistical analysis, and publication.

This information collection will not be published for statistical
purposes.

17.  Approval to not display expiration date.

The Coast Guard will display the expiration date for OMB approval of
this information collection.

18.  Explain each exception to the certification statement.

The Coast Guard does not request an exception to the certification of
this information collection.

B.  Collection of Information Employing Statistical Methods

This information collection does not employ statistical methods.

  Found at --   HYPERLINK "https://www.hsdl.org/?view&did=456414"
https://www.hsdl.org/?view&did=456414 .

  As defined in The National Strategy for Maritime Security, the
“maritime domain” is all areas and things of, on, under, relating
to, adjacent to, or bordering on a sea, ocean, or other navigable
waterway, including all maritime-related activities, infrastructure,
people, cargo, and vessels and other conveyances.  Note: The maritime
domain for the United States includes the Great Lakes and all navigable
inland waterways such as the Mississippi River and the Intra-Coastal
Waterway.

  AIS is an international standard for ship-to-ship, ship-to-shore, and
shore-to-ship communication of information, including vessel identity,
position, speed, course, destination, and other data of critical
interest for navigational safety and maritime security.

  Figure rounded.

  Equivalent to a Coast Guard Commander (i.e., O-5) (out-of-government
rate), per COMDTINST 7310.1L.

  Based on Coast Guard subject matter expert information, some updates
may take only 30 seconds; however, this estimate is not included in the
estimates of this supporting statement.

  This figure is based on loaded labor rates provided by the Bureau of
Labor Statistics.

1625-0112

  PAGE  6  of   NUMPAGES  6


[Federal Register Volume 76, Number 76 (Wednesday, April 20, 2011)]
[Notices]
[Pages 22092-22093]
[FR Doc No: 2011-9517]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. CP11-159-000]

Perryville Gas Storage LLC; Notice of Amendment

    Take notice that on March 30, 2011, Perryville Gas Storage LLC
(Perryville), Three Riverway, Suite 1350, Houston, Texas 77056, filed
in the above referenced docket an application under section 7(c) of the
Natural Gas Act (NGA) and Part 157 of the Commission's regulations for
an order amending the certificate of public convenience and necessity
issued in Docket No. CP09-418-000 to authorize Perryville to make
certain changes to its certificated project, all as more fully set
forth in the application which is on file with the Commission and open
to public inspection. The filing may also be viewed on the web at
http://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. For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or TTY,
contact<PHONE_NUMBER>.
    Perryville proposes to increase its working gas capacity in each
cavern by 2.5 billion cubic feet (Bcf) each. Perryville also proposes
to drill three freshwater supply wells, six brine disposal wells, and
eight monitor wells. Perryville additionally seeks reaffirmation of its
previously granted authorization to charge market-based rates for its
storage and hub services, as well as the various waivers granted in the
order issuing certificate.
    Any questions concerning this application may be directed to J.
Gordon Pennington, Attorney at Law, 2707 N. Kensington St., Arlington,
VA 22207, at<PHONE_NUMBER> or by e-mail at<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) 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 EA for this
proposal. The filing of the 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.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit seven copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.

    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 14 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: May 4, 2011.

    Dated: April 13, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-9517 Filed 4-19-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 129 (Wednesday, July 6, 2011)]
[Rules and Regulations]
[Page 39259]
[FR Doc No: 2011-16783]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0116; Airspace Docket No. 11-ANE-1]

Establishment of Class E Airspace; Brunswick, ME

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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SUMMARY: This action corrects the effective date of a final rule that
was published in the Federal Register on June 22, 2011, that
establishes Class E airspace at Brunswick Executive Airport, Brunswick,
ME.

DATES: The effective date is moved from 0901 UTC, August 25, 2011, to
0901 UTC, July 28, 2011.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    Federal Register Docket No. FAA-2011-0116, Airspace Docket No. 11-
ANE-1, published on June 22, 2011 (76 FR 36285), establishes Class E
airspace at Brunswick Executive Airport, Brunswick, ME. This action
will move up the effective date of this rulemaking, as the new approach
procedures are to be published July 28, 2011. The original August 25,
2011, effective date was an oversight by the FAA. The FAA has
determined good cause exists to have an effective date less than 30
days after the publication of this final rule because of the financial
hardship the airport and its employees would incur with a delay of this
magnitude.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part, A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes Class E airspace at Brunswick Executive Airport,
Brunswick, ME.

Correction to Final Rule

    In final rule FR Doc 2011-15305, on page 36285 in the Federal
Register of June 22, 2011 (76 FR 36285), make the following correction:
    On page 36285, in the third column, in the DATES section, remove
the date August 28, 2011, and replace with the date July 25, 2011.

    Authority:  49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

    Issued in Washington, DC, on June 28, 2011.
Rebecca B. MacPherson,
Assistant Chief Counsel for Regulations.
[FR Doc. 2011-16783 Filed 7-5-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 21, 2008 (Volume 73, Number 140)]
[Rules and Regulations]
[Page 42265-42266]
[DOCID:fr21jy08-6]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-B-7793]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

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SUMMARY: This interim rule lists communities where modification of the
Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because
of new scientific or technical data. New flood insurance premium rates
will be calculated from the modified BFEs for new buildings and their
contents.

DATES: These modified BFEs are currently in effect on the dates listed
in the table below and revise the Flood Insurance Rate Maps (FIRMs) in
effect prior to this determination for the listed communities.
    From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the Mitigation Assistant
Administrator of FEMA reconsider the changes. The modified BFEs may be
changed during the 90-day period.

ADDRESSES: The modified BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering
Management Branch, Mitigation Directorate, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community where the modified BFE
determinations are available for inspection is provided.
    Any request for reconsideration must be based on knowledge of
changed conditions or new scientific or technical data.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management
measures that the community is required to either adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These 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 the
other Federal, State, or regional entities. The changed BFEs are in
accordance with 44 CFR 65.4.
    National Environmental Policy Act. This interim 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.
    Regulatory Classification. This interim rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This interim rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
    Executive Order 12988, Civil Justice Reform. This interim rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

0
Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
1. The authority citation for part 65 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.  65.4  [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended
as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Date and name of
         State and county           Location and case No.     newspaper where     Chief executive officer   Effective date of  modification   Community
                                                           notice was published         of community                                             No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama: Tuscaloosa...............  City of Tuscaloosa     June 11, 2008; June   The Honorable Walter       October 16, 2008...............       010203
                                     (08-04-1080P).         18, 2008; The         Maddox, Mayor, City of
                                                            Northport Gazette.    Tuscaloosa, P.O. Box
                                                                                2089, Tuscaloosa, AL
                                                                                35403.
Arizona: Pima.....................  City of Tucson (08-09- June 6, 2008; June    The Honorable Bob Walkup,  May 23, 2008...................       040076
                                     0001P).                13, 2008; The Daily   Mayor, City of Tucson,
                                                            Territorial.          P.O. Box 27210, Tucson,
                                                                                AZ 85726.
Colorado:
    Routt.........................  Unincorporated areas   June 8, 2008; June    The Honorable Nancy        May 30, 2008...................       080156
                                     of Routt County (08-   15, 2008; Steamboat   Stahoviak, Chairperson,
                                     08-0085P).             Pilot.                Routt County, Board of
                                                                                County Commissioners,
                                                                                P.O. Box 3598, Steamboat
                                                                                Springs, CO 80477.
    Routt.........................  City of Steamboat      June 8, 2008; June    The Honorable Paul         May 30, 2008...................       080159
                                     Springs (08-08-        15, 2008; Steamboat   Antonucci, City Council
                                     0085P).                Pilot.                President, City of
                                                                                Steamboat Springs, P.O.
                                                                                Box 775088, Steamboat
                                                                                Springs, CO 80477.
Florida: Orange...................  Unincorporated areas   June 5, 2008; June    The Honorable Richard T.   October 10, 2008...............       120179
                                     of Orange County (05-  12, 2008; Orlando     Crotty, Mayor, Orange
                                     04-1535P).             Weekly.               County, 201 South
                                                                                Rosalind Avenue, Fifth
                                                                                Floor, Orlando, FL 32801.
Illinois:
    McHenry.......................  Unincorporated areas   June 12, 2008; June   The Honorable Kenneth D.   October 17, 2008...............       170732
                                     of McHenry County      19, 2008; Northwest   Koehler, Chairman,
                                     (08-05-1169P).         Herald.               McHenry County Board,
                                                                                McHenry County
                                                                                Government Center, 2200
                                                                                North Seminary Avenue,
                                                                                Woodstock, IL 60098.
    McHenry.......................  City of Woodstock (08- June 12, 2008; June   The Honorable Brian        October 17, 2008...............       170488
                                     05-1169P).             19, 2008; Northwest   Sager, Mayor, City of
                                                            Herald.               Woodstock, 121 West
                                                                                Calhoun Street,
                                                                                Woodstock, IL 60098.
    Will County...................  Village of Frankfort   June 12, 2008; June   The Honorable Jim          July 17, 2008..................       170701
                                     (07-05-5331P).         19, 2008; Daily       Holland, Mayor, Village
                                                            Southtown.            of Frankfort, 432 West
                                                                                Nebraska Street,
                                                                                Frankfort, IL 60423.
    Will County...................  Unincorporated areas   June 18, 2008; June   The Honorable Lawrence M.  October 23, 2008...............       170695
                                     of Will County (08-    25, 2008; Herald      Walsh, Will County
                                     05-1175P).             News.                 Executive, 302 North
                                                                                Chicago Street, Joliet,
                                                                                IL 60432.
Indiana: Allen....................  City of Fort Wayne     June 13, 2008; June   The Honorable Tom Henry,   June 3, 2008...................       180003
                                     (08-05-1821P).         20, 2008; The         Mayor, City of Fort
                                                            Journal Gazette.      Wayne, One Main Street,
                                                                                Fort Wayne, IN 46802.
Minnesota: St. Louis                City of Duluth (07-05- June 12, 2008; June   The Honorable Don Ness,    October 17, 2008...............       270421
                                     3554P).                19, 2008; Duluth      Mayor, City of Duluth,
                                                            News Tribune.         411 West First Street,
                                                                                Duluth, MN 55802.
North Carolina: Onslow............  City of Jacksonville   June 13, 2008; June   The Honorable Sammy        June 6, 2008...................       370178
                                     (08-04-0469P).         20, 2008; The Daily   Phillips, Mayor, City of
                                                            News.                 Jacksonville, P.O. Box
                                                                                128, Jacksonville, NC
                                                                                28541.
Pennsylvania......................  Township of West       June 12, 2008; June   The Honorable Larry        October 17, 2008...............       421600
                                     Hanover (08-03-        19, 2008; The         Hartman, Chair, Board of
                                     0651P).                Patriot News.         Supervisors, West
                                                                                Hanover Township, 7171
                                                                                Allentown Boulevard,
                                                                                Harrisburg, PA 17112.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    Dated: July 8, 2008.
Michael K. Buckley,
Deputy Assistant Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. E8-16550 Filed 7-18-08; 8:45 am]

BILLING CODE 9110-12-P


[Federal Register Volume 86, Number 215 (Wednesday, November 10, 2021)]
[Notices]
[Pages 62520-62521]
[FR Doc No: 2021-24595]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Effectiveness of Exempt Wholesale Generator Status

------------------------------------------------------------------------
                                                    Docket Nos.
------------------------------------------------------------------------
Ford County Wind Farm LLC................  EG21-211-000
Quinebaug Solar, LLC.....................  EG21-212-000
Borderlands Wind, LLC....................  EG21-213-000
Hecate Energy Johanna Facility LLC.......  EG21-214-000
SR Perry, LLC............................  EG21-215-000
Caddo Wind, LLC..........................  EG21-216-000
Delilah Solar Energy LLC.................  EG21-217-000
E. BarreCo Corp LLC......................  EG21-218-000
Lick Creek Solar, LLC....................  EG21-219-000
PGR 2021 Lessee 5, LLC...................  EG21-220-000
Montague Solar, LLC......................  EG21-221-000
Fairbanks Solar Holdings LLC.............  EG21-222-000
Fairbanks Solar Energy Center LLC........  EG21-223-000
PGR 2021 Lessee 7, LLC...................  EG21-224-000
Bat Cave Energy Storage, LLC.............  EG21-225-000
BRP Dickinson BESS LLC...................  EG21-226-000
BRP Pueblo I BESS, LLC...................  EG21-227-000
BRP Pueblo II BESS, LLC..................  EG21-228-000
BRP Zapata I BESS, LLC...................  EG21-229-000
BRP Zapata II BESS, LLC..................  EG21-230-000
BRP Loop 463 BESS LLC....................  EG21-231-000
BRP Lopeno BESS LLC......................  EG21-232-000
North Fork Energy Storage, LLC...........  EG21-233-000
Highest Power Solar, LLC.................  EG21-234-000
Mark One Generating, LLC.................  EG21-235-000
Sagebrush ESS, LLC.......................  EG21-236-000
------------------------------------------------------------------------

    Take notice that during the month of October 2021, the status of
the above-captioned entities as Exempt Wholesale Generators became
effective by operation of the Commission's regulations. 18 CFR 366.7(a)
(2020).

    Dated: November 4, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-24595 Filed 11-9-21; 8:45 am]
BILLING CODE 6717-01-P


                    UNITED STATES OF AMERICA

            DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                             WASHINGTON, DC

                               Issued by the Department of
Transportation on June 15, 2005

NOTICE OF ACTION TAKEN—DOCKET OST-1999-4994

________________________________________________________________________
__________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of    American Airlines, Inc.          filed  9/27/04,
supplemented 10/1/04 to:

XX  Renew exemption under 49 U.S.C. 40109 to provide the following
service:

Scheduled foreign air transportation of persons, property, and mail
between:

a point or points in Japan and a point or points in the United States,
either nonstop or via an intermediate point or points in third
countries;

any two points in Japan, limited to traffic originating or terminating
outside Japan;

a point or points in the United States and a point or points beyond the
United States; and

a point or points in Japan and a point or points beyond Japan, on a
blind-sector basis.

American also seeks to renew authority to integrate this authority with
its existing certificate and exemption authority to engage in foreign
air transportation.  American intends to operate this service under a
code-share agreement with Japan Airlines International (JAL) and
JALways, a subsidiary of JAL.

Application of   American Airlines, Inc.          filed  3/2/05  to:

XX Amend condition 4 of exemption most recently amended by Notice of
Action Taken of September 30, 2004 in this docket to:

Permit American to provide code-share service with JAL on flights
operated by JAL with aircraft wet leased from Japan Airlines Domestic, a
sister company of JAL.

Applicant reps:   Carl B. Nelson, Jr.,<PHONE_NUMBER>       DOT
Analyst:   Gerald Caolo<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The exemption authority granted and the amendment were effective when
taken:  June 15, 2005, through  June 15, 2007

Action taken by:  Paul L. Gretch, Director

		  Office of International Aviation

XX  Authority granted is consistent with the 1998 Memorandum of
Understanding between the United States and Japan.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

	XX Holder’s Certificate of Public Convenience and Necessity
(American)

	XX Standard Exemption Conditions (attached)

________________________________________________________________________
___________________

Remarks:

We dismiss as moot the joint motion of American and Japan Airlines
Domestic to change the answer date on these applications.

Based on our approval here and the earlier amendment involving JALways,
condition (3) is amended to read as shown below.

Conditions:  The exemption authority granted to American is subject to
the following conditions:

(1) 	Any service provided under the route integration authority granted
shall be consistent with all applicable agreements between the United
States and the foreign countries involved, and further (a) nothing in
our award of the route integration authority granted should be construed
as conferring upon American rights (including fifth- freedom,
intermediate and/or beyond rights) to serve markets where U.S. carrier
entry is limited unless American notifies us of its intent to serve such
a market and unless and until the Department has completed any necessary
carrier selection procedures to determine which carrier(s) should be
authorized to exercise such rights, and (b) should there be a request by
any carrier to use the limited-entry route rights that are included in
American’s authority by virtue of the route integration exemption
granted here, but that are not then being used by American, the holding
of such authority by route integration will not be considered as
providing American a preference in a competitive carrier selection
proceeding to determine which carrier(s) should be entitled to use the
authority at issue.

(2) 	The authority granted to operate via intermediate points and beyond
Japan to third countries shall be limited to blind-sector operations
only.

(3)	The authority granted is limited to code-share operations on flights
(a) operated by Japan Airlines International Co. Ltd. (JAL) or by its
affiliate JALways Co., Ltd. and (b) operated by JAL with aircraft wet
leased to JAL by Japan Airlines Domestic Co., Ltd.

________________________________________________________________________
____________________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp.

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

05/2004

 American requested that its renewal application reflect the
Department’s action permitting American to provide code-share service
with JALways, in addition to JAL, under American’s authority. See
Notice of Action Taken, dated September 30, 2004, Docket OST-1999-4994.

 We have granted Japan Airlines Domestic the necessary underlying
authority.  See Notice of Action Taken dated June 15, 2005, Docket
OST-2005-20519.

 In light of our current policies (see, e.g. Notice of Action Taken
issued January 11, 2005, in Docket OST-2003-15191), we have deleted what
had been condition 3 of the numerical listing of conditions attached to
American’s authority by our action of December 4, 2002, in the present
docket.  Accordingly, the Condition 4 to which American seeks amendment
has been renumbered below as Condition 3.

 PAGE   5

 PAGE   3


[Federal Register Volume 78, Number 116 (Monday, June 17, 2013)]
[Notices]
[Pages 36284-36286]
[FR Doc No: 2013-14250]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69731; File No. SR-CFE-2013-004]

Self-Regulatory Organizations; CBOE Futures Exchange, LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to the Requirements Applicable to Foreign Trading Privilege
Holders

June 11, 2013.
    Pursuant to Section 19(b)(7) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on May 31, 2013, CBOE Futures
Exchange, LLC (``CFE'' or ``Exchange'') filed with the Securities and
Exchange Commission (``SEC'' or ``Commission'') the proposed rule
change described in Items I, II, and III below, which Items have been
prepared by CFE. The Commission is publishing this notice to solicit
comments on the proposed rule

change from interested persons. CFE also has filed this proposed rule
change with the Commodity Futures Trading Commission (``CFTC''). CFE
filed a written certification with the CFTC under Section 5c(c) of the
Commodity Exchange Act (``CEA'') \2\ on May 30, 2013.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(7).
    \2\ 7 U.S.C. 7a-2(c).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Description of the Proposed Rule
Change

    CFE proposes to amend CFE Rule 305B (Foreign Trading Privilege
Holders) by adding new subparagraphs (b)(ii) and (b)(iii) to that rule
that would require that foreign Trading Privilege Holders (``TPHs''):
(1) Maintain in English and U.S. dollars any books and records that are
required to be kept by TPHs under CFE Rules; and (2) prior to acting as
agent for a customer from a foreign jurisdiction in relation to a CFE
Contract, obtain written consent from that customer that permits the
TPH to provide information regarding the customer and the customer's
activities in CFE Contracts to CFE in response to a regulatory request
for information pursuant to CFE Rules.
    The scope of this filing is limited solely to the application of
the rule changes to security futures traded on CFE. The only security
futures currently traded on CFE are traded under Chapter 16 of CFE's
Rulebook which is applicable to Individual Stock Based and Exchange-
Traded Fund Based Volatility Index (``Volatility Index'') security
futures.
    The text of the proposed rule change is attached as Exhibit 4.\3\
---------------------------------------------------------------------------

    \3\ The Commission notes that Exhibit 4 is attached to the
filing, not to this Notice.
---------------------------------------------------------------------------

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

    In its filing with the Commission, CFE 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. CFE 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
    CFE Rule 305B (Foreign Trading Privilege Holders) provides that
each TPH shall be organized under the laws of, and be solely
responsible for ensuring that the location of any CBOE Workstation \4\
is in, the United States or a foreign jurisdiction expressly approved
by the Exchange. CFE Rule 305B also sets forth certain requirements
that are applicable to any TPH organized under the laws of, or with a
CBOE Workstation in, a foreign jurisdiction.
---------------------------------------------------------------------------

    \4\ CFE Rule 116 provides that the term ``CBOE Workstation''
means any computer connected directly to the CBOE System, including
by means of an Exchange application programming interface, for the
purpose of trading Contracts. CFE Rule 115 provides that the term
``CBOE System'' means (i) the electronic systems administered by or
on behalf of the Exchange which perform the functions set out in the
Rules of the Exchange, including controlling, monitoring, and
recording trading on the Exchange and (ii) any connectivity to the
foregoing electronic systems that is administered by or on behalf of
the Exchange, such as a communications hub in a foreign
jurisdiction.
---------------------------------------------------------------------------

    CFE proposes to amend CFE Rule 305B by adding two additional
requirements that would apply to these foreign TPHs. First, a foreign
TPH would be required under new subparagraph (b)(ii) to CFE Rule 305B
to maintain in English and U.S. dollars any books and records required
to be kept by the TPH under the Rules of the Exchange. Second, a
foreign TPH, prior to acting as agent for a Customer from a foreign
jurisdiction in relation to a CFE Contract, would be required under new
subparagraph (b)(iii) to CFE Rule 305B to obtain written consent from
that Customer that permits the TPH to provide information regarding the
Customer and the Customer's activities in CFE Contracts to the Exchange
in response to a regulatory request for information pursuant to the
Rules of the Exchange.
    The Exchange believes that the proposed changes will assist CFE in
enforcing compliance with its Rules. Specifically, the Exchange
believes that the proposed changes will be beneficial in connection
with CFE regulatory examinations and investigations involving foreign
TPHs and in connection with obtaining information for regulatory
purposes regarding the trading activities in CFE Contracts of foreign
customers that trade through those TPHs.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\5\ in general, and furthers the
objectives of Section 6(b)(5) \6\ in particular in that it is designed
to foster cooperation and coordination with persons engaged in
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change will strengthen
its ability to examine and investigate foreign TPHs more readily
because books and records that are required to be kept under CFE Rules
will be more easily understandable by CFE regulatory staff because they
would be maintained in English and denominated in U.S. dollars. In
addition, the Exchange believes that the proposed change will
strengthen the Exchange's ability to carry out its self-regulatory
obligations regarding the trading activities in CFE Contracts by
foreign customers that trade those foreign TPHs.

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

    CFE does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act. The Exchange believes that the proposed rule
change is equitable and not unfairly discriminatory because amended CFE
Rule 305B would apply to all foreign TPHs and reasonably and fairly
requires uniformity (i.e., English/U.S. dollar denomination) concerning
books and records obligations.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The proposed rule change will become operative on June 17, 2013.
    At any time within 60 days of the date of effectiveness of the
proposed rule change, the Commission, after consultation with the CFTC,
may summarily abrogate the proposed rule change and require that the
proposed

rule change be refiled in accordance with the provisions of Section
19(b)(1) of the Act.\7\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------

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-CFE-2013-004 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CFE-2013-004. 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 also will be available
for inspection and copying at the principal offices of the Exchange.
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-CFE-2013-004,
and should be submitted on or before July 8, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-14250 Filed 6-14-13; 8:45 am]
BILLING CODE 8011-01-P


November 16, 2010

The Honorable Lisa Jackson Administrator United States Environmental Protection Agency  Ariel Rios Building (Mail Code 1101) 1200 Pennsylvania Ave., NW Washington, D.C. 20460

Re:  Petition for Reconsideration of Portions of the Final Rule:  National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines

Dear Administrator Jackson:

I am writing in support of the National Rural Electric Cooperative Association's (NRECA) October 19, 2020, Petition for Reconsideration of portions of the Final National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines promulgated on August 20, 2010, (75 Fed. Reg. 51,570).

Heartland Power consumer-owners would suffer hardships because of the cost of higher cost energy and the low hog, chicken, cattle markets and unemployment in our service area with the price of upgrading their generator s to meet the higher standards.

Heartland Power was not aware of the RICE NESHAP rule until recently due to EPA's extended and sporadic rulemaking process which has fostered confusion within the regulated community, particularly in regard to owners and operators of small emergency generating units participating in peak programs.  Futhermore, there remain inconsistencies in the rules regarding how certain RICE are to be regulated.  For example, in EPA's final rule for spark ignition ("SI") RICE, the Agency finalized a subcategory of nonemergency RICE that operate 24 hours or less per year at area sources.

NRECA's petition addresses restrictions contained in the final rule that prohibit the use of small emergency generating units for peak shaving programs and limits demand reduction service beginning in 2013 without the addition of expensive emission reduction technology on units larger than a specified size.

The majority of the small stationary SI and CI engines are not owned by the cooperative, but rather by the consumer-owners; therefore we have no control over their expenditure of capital cost for controls in order to continue the program.

While peak-shaving programs do not generate income for the distribution cooperative, they do produce economic benefits by reducing the level of demand on their electric power suppliers, resulting in reduced demand costs.  These reduced costs, in turn, are shared with our members (the owners) of these small emergency generating units that participate in peak shaving programs.  This is a win arrangement that helps hold down power costs for the owners of these generators as well as for Heartland Power's other consumer-owners.  Reduced cost of electrical energy is a very important consideration during this time of national economic strain and is of particular importance to Heartland Power and other rural electric cooperatives since our members are some of the most economically depressed areas in the nation.

To help offset the cost of these units Heartland Power uses them in peak shaving and demand reduction programs.  Without the benefits of these programs, Heartland Power may be forced to discontinue this service.  In that event, these facilities will be forced to purchase their own units with the cost borne by the residents of Heartland Power member-consumers and our area of the country is already severely economically depressed.

Another restriction contained in the final RICE NESHAP rules is in regard to the limitation of 15 hours-per-year for demand reduction purposes.  The final rule restrictions may prevent emergency engines from continued participation in emergency demand reduction programs since the engines may no longer be able to meet Independent System Operator tariff requirements that specify minimum hours of availability to participate.  The result again would be higher costs, the need for replacement capacity, and a potentially less reliable electric grid system that depends upon central station versus distributed generation.

Heartland supports EPA's efforts to protect the public health and the environment from harm caused by the presence of toxic air pollutants.  Heartland Power is very concerned, however, that the Agency has included unnecessary restrictions in this NESHAP rule that will cause economic harm across rural America without providing any meaningful environmental benefit.

In light of the minimal environmental effects but significant benefit from having these small stationary emergency units available Heartland Power requests that EPA reconsider the provisions of the final RICE NESHAP rules that restrict the operation of these emergency units for peak-shaving and demand reduction programs.

Heartland Power believes the restrictions on the use of small stationary compression ignition and spark ignition RICE emergency generating units for peak-shaving and demand reduction purposes should be eliminated.  Alternatively, the restrictions should be minimized so as to not diminish the value of these programs.

Heartland Power suggests that one way that EPA could address this issue for SI RICE is to revise 63.6640 in its August 20, 2010, final rule by simply removing the restrictions on peak shaving and demand reduction service, and the 50 hour limitation on non-emergency service.  This change would not result in any additional run-time above the 100 hours of operation that is already provided for in the rule.  In other words, the change would allow owners/operators of small stationary emergency generating units to use their units without restriction up to 100 hours-per-year for non-emergency operation in ways that best meet their particular circumstances and needs.  All hours of operation for maintenance, testing, peak shaving, demand reduction, and all other non-emergency operation would be at the owner/operators discretion  -  but not to exceed 100 hours-per-year.  Owners/operators with special circumstances that require additional operating hours could petition the Agency for additional hours of non-emergency operation on a case-by-case basis.  Upon adequate justification, the additional hours would not be unreasonably denied by the Agency.

By revising the final SI RICE NESHAP rules in this manner would not, and must not, detract in any way from the unlimited hours of operation needed for true emergency service.

Heartland Power also believes it is necessary and urges EPA to amend the March 2010 CI RICE NESHAP final rule and the July 2006 NSPS rule with conforming changes so all applicable rules are clear and consistent.

Please contact Ron Gasteiger, Manager of Members Services of Heartland Power in the event you have any additional questions at<PHONE_NUMBER>.

Thank you for your consideration of our request and we hope you will respond favorably to our request.

Cordially,

Ron Gasteiger Manager of Member Services 216 Jackson Street  PO Box 65 Heartland Power Cooperative Thompson/St. Ansgar, Iowa

CC:  	Robert Wayland 	Melanie King 	Kevin Bromberg, SBA


[Federal Register Volume 86, Number 51 (Thursday, March 18, 2021)]
[Notices]
[Pages 14778-14779]
[FR Doc No: 2021-05556]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91309; File No. SR-NYSEArca-2020-54]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for Commission Action on Proceedings To
Determine Whether To Approve or Disapprove a Proposed Rule Change, as
Modified by Amendment No. 1, To Amend NYSE Arca Rule 5.3-E To Exempt
Registered Investment Companies That List Certain Categories of the
Securities Defined as Derivative and Special Purpose Securities Under
NYSE Arca Rules From Having To Obtain Shareholder Approval Prior to the
Issuance of Securities in Connection With Certain Acquisitions of the
Stock or Assets of an Affiliated Company

March 12, 2021.
    On August 28, 2020, NYSE Arca, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to amend NYSE Arca
Rule 5.3-E (Corporate Governance and Disclosure Policies) to exempt
certain categories of derivative and special purpose securities from
the requirement to obtain shareholder approval prior to the issuance of
securities in connection with certain acquisitions of the stock or
assets of another company. The proposed rule change was published in
the Federal Register on September 17, 2020.\3\ On October 30, 2020,
pursuant to Section 19(b)(2) of the Act,\4\ the Commission designated a
longer period within which to approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether to disapprove the proposed rule change.\5\ On
December 1, 2020, the Exchange filed Amendment No. 1 to the proposed
rule change, which superseded the proposed rule change as originally
filed.\6\ On December 15, 2020, the Commission published notice of
Amendment No. 1 and instituted proceedings under Section 19(b)(2)(B) of
the Act \7\ to determine whether to approve or disapprove the proposed
rule change, as modified by Amendment No. 1.\8\ The Commission has
received no comments on the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 89834 (September 11,
2020), 85 FR 58090.
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 90297, 85 FR 70701
(November 5, 2020).
    \6\ Amendment No. 1 is available on the Commission's website at
https://www.sec.gov/rules/sro/nysearca.htm.
    \7\ 15 U.S.C. 78s(b)(2)(B).
    \8\ See Securities Exchange Act Release No. 90675, 85 FR 83121
(Dec. 21, 2020).
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    Section 19(b)(2) of the Act \9\ provides that, after initiating
proceedings, the Commission shall issue an order approving or
disapproving the proposed rule change not later than 180 days after the
date of publication of notice of filing of the proposed rule change.
The Commission may extend the period for issuing an order approving or
disapproving the proposed rule change, however, by not more than 60
days if the Commission determines that a longer period is appropriate
and publishes the reasons for such determination. The proposed rule
change was published for comment in the Federal Register on September
17, 2020.\10\ The 180th day after publication of the Notice is March
16, 2021. The Commission is extending the time period for approving or
disapproving the proposal for an additional 60 days.
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    \9\ 15 U.S.C. 78s(b)(2).
    \10\ See supra note 3.
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    The Commission finds that it is appropriate to designate a longer
period within which to issue an order approving or disapproving the
proposed rule change so that it has sufficient time to consider the
proposed rule change, as modified by Amendment No. 1. Accordingly, the
Commission, pursuant to Section 19(b)(2) of the Act,\11\ designates May
15, 2021, as the date by which the Commission shall either approve or
disapprove or the proposed rule change (File Number SR-NYSEArca-2020-
54), as modified by Amendment No. 1.
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    \11\ 15 U.S.C. 78s(b)(2).

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    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(57).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-05556 Filed 3-17-21; 8:45 am]
BILLING CODE 8011-01-P