institution's incentive-based compensation program and related
compliance and control processes in providing risk-taking incentives
that are consistent with the risk profile of the covered institution,
submitted on an annual or more frequent basis by the management of the
covered institution and developed with input from the risk and audit
committees of its board of directors, or groups performing similar
functions, and from the covered institution's risk management and audit
functions; and
    (3) An independent written assessment of the effectiveness of the
covered institution's incentive-based compensation program and related
compliance and control processes in providing risk-taking incentives
that are consistent with the risk profile of the covered institution,
submitted on an annual or more frequent basis by the internal audit or
risk management function of the covered institution, developed
independently of the covered institution's management.

Sec.  1232.11  Policies and procedures requirements for Level 1 and
Level 2 covered institutions.

    A Level 1 or Level 2 covered institution must develop and implement

policies and procedures for its incentive-based compensation program
that, at a minimum:
    (a) Are consistent with the prohibitions and requirements of this
part;
    (b) Specify the substantive and procedural criteria for the
application of forfeiture and clawback, including the process for
determining the amount of incentive-based compensation to be clawed
back;
    (c) Require that the covered institution maintain documentation of
final forfeiture, downward adjustment, and clawback decisions;
    (d) Specify the substantive and procedural criteria for the
acceleration of payments of deferred incentive-based compensation to a
covered person, consistent with Sec.  1232.7(a)(1)(iii)(B) and
(a)(2)(iii)(B));
    (e) Identify and describe the role of any employees, committees, or
groups authorized to make incentive-based compensation decisions,
including when discretion is authorized;
    (f) Describe how discretion is expected to be exercised to
appropriately balance risk and reward;
    (g) Require that the covered institution maintain documentation of
the establishment, implementation, modification, and monitoring of
incentive-based compensation arrangements, sufficient to support the
covered institution's decisions;
    (h) Describe how incentive-based compensation arrangements will be
monitored;
    (i) Specify the substantive and procedural requirements of the
independent compliance program consistent with Sec.  1232.9(a)(2); and
    (j) Ensure appropriate roles for risk management, risk oversight,
and other control function personnel in the covered institution's
processes for:
    (1) Designing incentive-based compensation arrangements and
determining awards, deferral amounts, deferral periods, forfeiture,
downward adjustment, clawback, and vesting; and
    (2) Assessing the effectiveness of incentive-based compensation
arrangements in restraining inappropriate risk-taking.

Sec.  1232.12  Indirect actions.

    A covered institution must not indirectly, or through or by any
other person, do anything that would be unlawful for such covered
institution to do directly under this part.

Sec.  1232.13  Enforcement.

    The provisions of this part shall be enforced under subtitle C of
the Safety and Soundness Act (12 U.S.C. ch. 46 subch. III).

Sec.  1232.14  Covered institutions in conservatorship or receivership.

    (a) Scope. This section applies to covered institutions that are in
conservatorship or receivership, or are limited-life regulated
entities, under the Safety and Soundness Act.
    (b) Compensation requirements. For a covered institution subject to
this section, the requirements that would otherwise apply under this
part shall be those that are determined by the Agency to best fulfill
the requirements and purposes of 12 U.S.C. 5641, taking into
consideration the possible duration of the covered institution's
conservatorship or receivership, the nature of the institution's
governance while under conservatorship or receivership, the need to
attract and retain management and other talent to such an institution,
the limitations on such an institution's ability to employ equity-like
instruments as incentive-based compensation, and any other
circumstances deemed relevant in the judgment of the Agency. The Agency
may determine appropriate transition terms and provisions in the event
that the covered institution ceases to be within the scope of this
section.

Securities and Exchange Commission

Authority and Issuance

    For the reasons set forth in the joint preamble, the SEC proposes
to amend title 17, chapter II of the Code of Federal Regulations as
follows:

PART 240--GENERAL RULES AND REGULATIONS, SECURITIES EXCHANGE ACT OF
1934

0
8. The authority citation for part 240 continues to read in part as
follows:

    Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3,
77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78c-3, 78c-5, 78d, 78e, 78f,
78g, 78i, 78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78n-1, 78o, 78o-4,
78o-10, 78p, 78q, 78q-1, 78s, 78u-5, 78w, 78x, 78dd, 78ll, 78mm,
80a-20, 80a-23, 80a-29, 80a-37, 80b-3, 80b-4, 80b-11, 7201 et seq.,
and 8302; 7 U.S.C. 2(c)(2)(E); 12 U.S.C. 5221(e)(3); 18 U.S.C. 1350;
and Pub. L. 111-203, 939A, 124 Stat. 1376 (2010), unless otherwise
noted.
* * * * *
    Section 240.17a-4 also issued under secs. 2, 17, 23(a), 48 Stat.
897, as amended; 15 U.S.C. 78a, 78d-1, 78d-2; sec. 14, Pub. L. 94-
29, 89 Stat. 137 (15 U.S.C. 78a); sec. 18, Pub. L. 94-29, 89 Stat.
155 (15 U.S.C. 78w);
* * * * *
0
9. Section 240.17a-4 is amended by adding paragraph (e)(10). The
addition reads as follows:

Sec.  240.17a-4  Records to be preserved by certain exchange members,
brokers and dealers.

* * * * *
    (e) * * *
    (10) The records required pursuant to Sec. Sec.  303.4(f), 303.5,
and 303.11 of this chapter.
* * * * *

PART 275--RULES AND REGULATIONS, INVESTMENT ADVISERS ACT OF 1940

0
10. The authority citation continues to read in part as follows:

    Authority: 15 U.S.C. 80b-2(a)(11)(G), 80b-2(a)(11)(H), 80b-
2(a)(17), 80b-3, 80b-4, 80b-4a, 80b-6(4), 80b-6a, and 80b-11, unless
otherwise noted.
* * * * *
    Section 275.204-2 is also issued under 15 U.S.C. 80b-6.
* * * * *
0
11. Section 275.204-2 is amended by adding paragraph (a)(19) and by
revising paragraph (e)(1). The additions and revisions read as follows:

Sec.  275.204-2  Books and records to be maintained by investment
advisers.

    (a) * * *
    (19) The records required pursuant to, and for the periods
specified in, Sec. Sec.  303.4(f), 303.5, and 303.11 of this chapter.
* * * * *
    (e)(1) All books and records required to be made under the
provisions of paragraphs (a) to (c)(1)(i), inclusive, and (c)(2) of
this section (except for books and records required to be made under
the provisions of paragraphs (a)(11), (a)(12)(i), (a)(12)(iii),
(a)(13)(ii), (a)(13)(iii), (a)(16), (a)(17)(i), and (a)(19) of this
section), shall be maintained and preserved in an easily accessible
place for a period of not less than five years from the end of the
fiscal year during which the last entry was made on such record, the
first two years in an appropriate office of the investment adviser.
* * * * *
0
12. Add part 303 to read as follows:

PART 303--INCENTIVE-BASED COMPENSATION ARRANGEMENTS

Sec.
303.1 Authority, scope, and initial applicability.
303.2 Definitions.
303.3 Applicability.
303.4 Requirements and prohibitions applicable to all covered
institutions.
303.5 Additional disclosure and recordkeeping requirements for Level
1 and Level 2 covered institutions.
303.6 Reservation of authority for Level 3 covered institutions.

303.7 Deferral, forfeiture and downward adjustment, and clawback
requirements for Level 1 and Level 2 covered institutions.
303.8 Additional prohibitions for Level 1 and Level 2 covered
institutions.
303.9 Risk management and controls requirements for Level 1 and
Level 2 covered institutions.
303.10 Governance requirements for Level 1 and Level 2 covered
institutions.
303.11 Policies and procedures requirements for Level 1 and Level 2
covered institutions.
303.12 Indirect actions.
303.13 Enforcement.

    Authority: 15 U.S.C. 78q, 78w, 80b-4, and 80b-11 and 12 U.S.C.
5641.

Sec.  303.1  Authority, scope, and initial applicability.

    (a) Authority. This part is issued pursuant to section 956 of the
Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C.
5641), 15 U.S.C. 78q, 78w, 80b-4, and 80b-11.
    (b) Scope. This part applies to a covered institution with average
total consolidated assets greater than or equal to $1 billion that
offers incentive-based compensation to covered persons.
    (c) Initial applicability--(1) Compliance date. A covered
institution must meet the requirements of this part no later than [Date
of the beginning of the first calendar quarter that begins at least 540
days after a final rule is published in the Federal Register]. Whether
a covered institution is a Level 1, Level 2, or Level 3 covered
institution at that time will be determined based on average total
consolidated assets as of [Date of the beginning of the first calendar
quarter that begins after a final rule is published in the Federal
Register].
    (2) Grandfathered plans. A covered institution is not required to
comply with the requirements of this part with respect to any
incentive-based compensation plan with a performance period that begins
before [Compliance Date as described in paragraph (c)(1) of this
section].
    (d) Preservation of authority. Nothing in this part in any way
limits the authority of the Commission under other provisions of
applicable law and regulations.

Sec.  303.2  Definitions.

    For purposes of this part only, the following definitions apply
unless otherwise specified:
    (a) Affiliate means any company that controls, is controlled by, or
is under common control with another company.
    (b) Average total consolidated assets means the average of a
regulated institution's total consolidated assets, as reported on the
regulated institution's regulatory reports, for the four most recent
consecutive quarters. If a regulated institution has not filed a
regulatory report for each of the four most recent consecutive
quarters, the regulated institution's average total consolidated assets
means the average of its total consolidated assets, as reported on its
regulatory reports, for the most recent quarter or consecutive
quarters, as applicable. Average total consolidated assets are measured
on the as-of date of the most recent regulatory report used in the
calculation of the average. Average total consolidated assets for a
regulated institution that is an investment adviser means the regulated
institution's total assets (exclusive of non-proprietary assets) shown
on the balance sheet for the regulated institution for the most recent
fiscal year end.
    (c) To award incentive-based compensation means to make a final
determination, conveyed to a covered person, of the amount of
incentive-based compensation payable to the covered person for
performance over a performance period.
    (d) Board of directors means the governing body of a covered
institution that oversees the activities of the covered institution,
often referred to as the board of directors or board of managers.
    (e) Clawback means a mechanism by which a covered institution can
recover vested incentive-based compensation from a covered person.
    (f) Compensation, fees, or benefits means all direct and indirect
payments, both cash and non-cash, awarded to, granted to, or earned by
or for the benefit of, any covered person in exchange for services
rendered to a covered institution.
    (g) Control means that any company has control over any company
if--
    (1) The company directly or indirectly or acting through one or
more other persons owns, controls, or has power to vote 25 percent or
more of any class of voting securities of the company;
    (2) The company controls in any manner the election of a majority
of the directors or trustees of the company; or
    (3) The Commission determines, after notice and opportunity for
hearing, that the company directly or indirectly exercises a
controlling influence over the management or policies of the company.
    (h) Control function means a compliance, risk management, internal
audit, legal, human resources, accounting, financial reporting, or
finance role responsible for identifying, measuring, monitoring, or
controlling risk-taking.
    (i) Covered institution means a regulated institution with average
total consolidated assets greater than or equal to $1 billion.
    (j) Covered person means any executive officer, employee, director,
or principal shareholder who receives incentive-based compensation at a
covered institution.
    (k) Deferral means the delay of vesting of incentive-based
compensation beyond the date on which the incentive-based compensation
is awarded.
    (l) Deferral period means the period of time between the date a
performance period ends and the last date on which the incentive-based
compensation awarded for such performance period vests.
    (m) Depository institution holding company means a top-tier
depository institution holding company, where ``depository institution
holding company'' has the same meaning as in section 3 of the Federal
Deposit Insurance Act (12 U.S.C. 1813).
    (n) Director of a covered institution means a member of the board
of directors.
    (o) Downward adjustment means a reduction of the amount of a
covered person's incentive-based compensation not yet awarded for any
performance period that has already begun, including amounts payable
under long-term incentive plans, in accordance with a forfeiture and
downward adjustment review under Sec.  303.7(b).
    (p) Equity-like instrument means:
    (1) Equity in the covered institution or any affiliate of the
covered institution; or
    (2) A form of compensation:
    (i) Payable at least in part based on the price of the shares or
other equity instruments of the covered institution or of any affiliate
of the covered institution; or
    (ii) That requires, or may require, settlement in the shares of the
covered institution or of any affiliate of the covered institution.
    (q) Forfeiture means a reduction of the amount of deferred
incentive-based compensation awarded to a covered person that has not
vested.
    (r) Incentive-based compensation means any variable compensation,
fees, or benefits that serve as an incentive or reward for performance.
    (s) Incentive-based compensation arrangement means an agreement
between a covered institution and a covered person, under which the
covered institution provides incentive-based compensation to the
covered person, including incentive-based compensation delivered
through one or

more incentive-based compensation plans.
    (t) Incentive-based compensation plan means a document setting
forth terms and conditions governing the opportunity for and the
payment of incentive-based compensation payments to one or more covered
persons.
    (u) Incentive-based compensation program means a covered
institution's framework for incentive-based compensation that governs
incentive-based compensation practices and establishes related
controls.
    (v) Level 1 covered institution means a:
    (i) Covered institution with average total consolidated assets
greater than or equal to $250 billion; or
    (ii) Covered institution that is a subsidiary of a depository
institution holding company that is a Level 1 covered institution
pursuant to 12 CFR 236.2.
    (w) Level 2 covered institution means a:
    (i) Covered institution with average total consolidated assets
greater than or equal to $50 billion that is not a Level 1 covered
institution; or
    (ii) Covered institution that is a subsidiary of a depository
institution holding company that is a Level 2 covered institution
pursuant to 12 CFR 236.2.
    (x) Level 3 covered institution means a covered institution with
average total consolidated assets greater than or equal to $1 billion
that is not a Level 1 covered institution or Level 2 covered
institution.
    (y) Long-term incentive plan means a plan to provide incentive-
based compensation that is based on a performance period of at least
three years.
    (z) Option means an instrument through which a covered institution
provides a covered person the right, but not the obligation, to buy a
specified number of shares representing an ownership stake in a company
at a predetermined price within a set time period or on a date certain,
or any similar instrument, such as a stock appreciation right.
    (aa) Performance period means the period during which the
performance of a covered person is assessed for purposes of determining
incentive-based compensation.
    (bb) Principal shareholder means a natural person who, directly or
indirectly, or acting through or in concert with one or more persons,
owns, controls, or has the power to vote 10 percent or more of any
class of voting securities of a covered institution.
    (cc) Qualifying incentive-based compensation means the amount of
incentive-based compensation awarded to a covered person for a
particular performance period, excluding amounts awarded to the covered
person for that particular performance period under a long-term
incentive plan.
    (dd) Regulated institution means a broker or dealer registered
under section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o)
and an investment adviser as such term is defined in section 202(a)(11)
of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(11)).
    (ee) Regulatory report means, for a broker-dealer registered under
section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o), the
Financial and Operational Combined Uniform Single Report, Form X-17A-5,
17 CFR 249.617, or any successors thereto.
    (ff) Section 956 affiliate means an affiliate that is an
institution described in Sec.  303.2(i), 12 CFR 42.2(i), 12 CFR
236.2(i), 12 CFR 372.2(i), 12 CFR 741.2(i), or 12 CFR 1232.2(i).
    (gg) Senior executive officer means a covered person who holds the
title or, without regard to title, salary, or compensation, performs
the function of one or more of the following positions at a covered
institution for any period of time in the relevant performance period:
President, chief executive officer, executive chairman, chief operating
officer, chief financial officer, chief investment officer, chief legal
officer, chief lending officer, chief risk officer, chief compliance
officer, chief audit executive, chief credit officer, chief accounting
officer, or head of a major business line or control function.
    (hh) Significant risk-taker means:
    (1) Any covered person at a Level 1 or Level 2 covered institution,
other than a senior executive officer, who received annual base salary
and incentive-based compensation for the last calendar year that ended
at least 180 days before the beginning of the performance period of
which at least one-third is incentive-based compensation and is--
    (i) A covered person of a Level 1 covered institution who received
annual base salary and incentive-based compensation for the last
calendar year that ended at least 180 days before the beginning of the
performance period that placed the covered person among the highest 5
percent in annual base salary and incentive-based compensation among
all covered persons (excluding senior executive officers) of the Level
1 covered institution together with all individuals who receive
incentive-based compensation at any section 956 affiliate of the Level
1 covered institution;
    (ii) A covered person of a Level 2 covered institution who received
annual base salary and incentive-based compensation for the last
calendar year that ended at least 180 days before the beginning of the
performance period that placed the covered person among the highest 2
percent in annual base salary and incentive-based compensation among
all covered persons (excluding senior executive officers) of the Level
2 covered institution together with all individuals who receive
incentive-based compensation at any section 956 affiliate of the Level
2 covered institution; or
    (iii) A covered person of a covered institution who may commit or
expose 0.5 percent or more of the common equity tier 1 capital, or in
the case of a registered securities broker or dealer, 0.5 percent or
more of the tentative net capital, of the covered institution or of any
section 956 affiliate of the covered institution, whether or not the
individual is a covered person of that specific legal entity; and
    (2) Any covered person at a Level 1 or Level 2 covered institution,
other than a senior executive officer, who is designated as a
``significant risk-taker'' by the Commission because of that person's
ability to expose a covered institution to risks that could lead to
material financial loss in relation to the covered institution's size,
capital, or overall risk tolerance, in accordance with procedures
established by the Commission, or by the covered institution.
    (3) For purposes of this part, an individual who is an employee,
director, senior executive officer, or principal shareholder of an
affiliate of a Level 1 or Level 2 covered institution, where such
affiliate has less than $1 billion in total consolidated assets, and
who otherwise would meet the requirements for being a significant risk-
taker under paragraph (hh)(1)(iii) of this section, shall be considered
to be a significant risk-taker with respect to the Level 1 or Level 2
covered institution for which the individual may commit or expose 0.5
percent or more of common equity tier 1 capital or tentative net
capital. The Level 1 or Level 2 covered institution for which the
individual commits or exposes 0.5 percent or more of common equity tier
1 capital or tentative net capital shall ensure that the individual's
incentive compensation arrangement complies with the requirements of
this part.

    (4) If the Commission determines, in accordance with procedures
established by the Commission, that a Level 1 covered institution's
activities, complexity of operations, risk profile, and compensation
practices are similar to those of a Level 2 covered institution, the
Level 1 covered institution may apply paragraph (hh)(1)(i) of this
section to covered persons of the Level 1 covered institution by
substituting ``2 percent'' for ``5 percent.''
    (ii) Subsidiary means any company that is owned or controlled
directly or indirectly by another company.
    (jj) Vesting of incentive-based compensation means the transfer of
ownership of the incentive-based compensation to the covered person to
whom the incentive-based compensation was awarded, such that the
covered person's right to the incentive-based compensation is no longer
contingent on the occurrence of any event.

Sec.  303.3  Applicability.

    (a) When average total consolidated assets increase--(1) In
general. (i) A regulated institution shall become a Level 1, Level 2,
or Level 3 covered institution when its average total consolidated
assets increase to an amount that equals or exceeds $250 billion, $50
billion, or $1 billion, respectively.
    (ii) A covered institution regardless of its average total
consolidated assets (provided that, for the avoidance of doubt, such
covered institution has average total consolidated assets greater than
or equal to $1 billion) that is a subsidiary of a depository
institution holding company shall become a Level 1 or Level 2 covered
institution when such depository institution holding company becomes a
Level 1 or Level 2 covered institution, respectively, pursuant to 12
CFR 236.3.
    (2) Compliance date. (i) A regulated institution that becomes a
Level 1, Level 2, or Level 3 covered institution pursuant to paragraph
(a)(1)(i) of this section shall comply with the requirements of this
part for a Level 1, Level 2, or Level 3 covered institution,
respectively, not later than the first day of the first calendar
quarter that begins at least 540 days after the date on which the
regulated institution becomes a Level 1, Level 2, or Level 3 covered
institution, respectively. Until that day, the Level 1, Level 2, or
Level 3 covered institution will remain subject to the requirements of
this part, if any, that applied to the regulated institution on the day
before the date on which it became a Level 1, Level 2, or Level 3
covered institution.
    (b) A covered institution that becomes a Level 1 or Level 2 covered
institution pursuant to paragraph (a)(1)(ii) of this section shall
comply with the requirements of this part for a Level 1 or Level 2
covered institution, respectively, not later than the first day of the
first calendar quarter that begins at least 540 days after the date on
which the regulated institution becomes a Level 1 or Level 2 covered
institution, respectively. Until that day, the Level 1 or Level 2
covered institution will remain subject to the requirements of this
part, if any, that applied to the covered institution on the day before
the date on which it became a Level 1 or Level 2 covered institution.
    (3) Grandfathered plans. (i) A regulated institution that becomes a
Level 1, Level 2, or Level 3 covered institution under paragraph
(a)(1)(i) of this section is not required to comply with requirements
of this part applicable to a Level 1, Level 2, or Level 3 covered
institution, respectively, with respect to any incentive-based
compensation plan with a performance period that begins before the date
described in paragraph (a)(2)(i) of this section. Any such incentive-
based compensation plan shall remain subject to the requirements under
this part, if any, that applied to the regulated institution at the
beginning of the performance period.
    (b) A covered institution that becomes a Level 1 or Level 2 covered
institution under paragraph (a)(1)(ii) of this section is not required
to comply with requirements of this part applicable to a Level 1 or
Level 2 covered institution, respectively, with respect to any
incentive-based compensation plan with a performance period that begins
before the date described in paragraph (a)(2)(ii) of this section. Any
such incentive-based compensation plan shall remain subject to the
requirements under this part, if any, that applied to the covered
institution at the beginning of the performance period.
    (b) When total consolidated assets decrease. (1) A Level 1, Level
2, or Level 3 covered institution will remain subject to the
requirements applicable to such covered institution under this part
unless and until the total consolidated assets of such covered
institution, as reported on the covered institution's regulatory
reports, fall below $250 billion, $50 billion, or $1 billion,
respectively, for each of four consecutive quarters. The calculation
will be effective on the as-of date of the fourth consecutive
regulatory report.
    (2) A Level 1, Level 2, or Level 3 covered institution that is an
investment adviser will remain subject to the requirements applicable
to such covered institution under this part unless and until the
average total consolidated assets of the covered institution fall below
$250 billion, $50 billion, or $1 billion, respectively as of the most
recent fiscal year end.
    (3) A covered institution that is a Level 1 or Level 2 covered
institution solely by virtue of its being a subsidiary of a depository
institution holding company will remain subject to the requirements
applicable to such covered institution under this part unless and until
such depository institution holding company ceases to be subject to the
requirements applicable to it in accordance with 12 CFR 236.3.

Sec.  303.4  Requirements and prohibitions applicable to all covered
institutions.

    (a) In general. A covered institution must not establish or
maintain any type of incentive-based compensation arrangement, or any
feature of any such arrangement, that encourages inappropriate risks by
the covered institution:
    (1) By providing a covered person with excessive compensation,
fees, or benefits; or
    (2) That could lead to material financial loss to the covered
institution.
    (b) Excessive compensation. Compensation, fees, and benefits are
considered excessive for purposes of Sec.  303.4(a)(1) when amounts
paid are unreasonable or disproportionate to the value of the services
performed by a covered person, taking into consideration all relevant
factors, including, but not limited to:
    (1) The combined value of all compensation, fees, or benefits
provided to the covered person;
    (2) The compensation history of the covered person and other
individuals with comparable expertise at the covered institution;
    (3) The financial condition of the covered institution;
    (4) Compensation practices at comparable institutions, based upon
such factors as asset size, geographic location, and the complexity of
the covered institution's operations and assets;
    (5) For post-employment benefits, the projected total cost and
benefit to the covered institution; and
    (6) Any connection between the covered person and any fraudulent
act or omission, breach of trust or fiduciary duty, or insider abuse
with regard to the covered institution.
    (c) Material financial loss. An incentive-based compensation
arrangement at a covered institution encourages inappropriate risks
that

could lead to material financial loss to the covered institution,
unless the arrangement:
    (1) Appropriately balances risk and reward;
    (2) Is compatible with effective risk management and controls; and
    (3) Is supported by effective governance.
    (d) Performance measures. An incentive-based compensation
arrangement will not be considered to appropriately balance risk and
reward for purposes of paragraph (c)(1) of this section, unless:
    (1) The arrangement includes financial and non-financial measures
of performance, including considerations of risk-taking, that are
relevant to a covered person's role within a covered institution and to
the type of business in which the covered person is engaged and that
are appropriately weighted to reflect risk-taking;
    (2) The arrangement is designed to allow non-financial measures of
performance to override financial measures of performance when
appropriate in determining incentive-based compensation; and
    (3) Any amounts to be awarded under the arrangement are subject to
adjustment to reflect actual losses, inappropriate risks taken,
compliance deficiencies, or other measures or aspects of financial and
non-financial performance.
    (e) Board of directors. A covered institution's board of directors,
or a committee thereof, must:
    (1) Conduct oversight of the covered institution's incentive-based
compensation program;
    (2) Approve incentive-based compensation arrangements for senior
executive officers, including the amounts of all awards and, at the
time of vesting, payouts under such arrangements; and
    (3) Approve any material exceptions or adjustments to incentive-
based compensation policies or arrangements for senior executive
officers.
    (f) Disclosure and recordkeeping requirements. A covered
institution must create annually and maintain for a period of at least
seven years records that document the structure of all its incentive-
based compensation arrangements and demonstrate compliance with this
part. A covered institution must disclose the records to the Commission
upon request. At a minimum, the records must include copies of all
incentive-based compensation plans, a record of who is subject to each
plan, and a description of how the incentive-based compensation program
is compatible with effective risk management and controls.
    (g) Rule of construction. A covered institution is not required to
report the actual amount of compensation, fees, or benefits of
individual covered persons as part of the disclosure and recordkeeping
requirements under this part.

Sec.  303.5  Additional disclosure and recordkeeping requirements for
Level 1 and Level 2 covered institutions.

    (a) A Level 1 or Level 2 covered institution must create annually
and maintain for a period of at least seven years records that
document:
    (1) The covered institution's senior executive officers and
significant risk-takers, listed by legal entity, job function,
organizational hierarchy, and line of business;
    (2) The incentive-based compensation arrangements for senior
executive officers and significant risk-takers, including information
on percentage of incentive-based compensation deferred and form of
award;
    (3) Any forfeiture and downward adjustment or clawback reviews and
decisions for senior executive officers and significant risk-takers;
and
    (4) Any material changes to the covered institution's incentive-
based compensation arrangements and policies.
    (b) A Level 1 or Level 2 covered institution must create and
maintain records in a manner that allows for an independent audit of
incentive-based compensation arrangements, policies, and procedures,
including those required under Sec.  303.11.
    (c) A Level 1 or Level 2 covered institution must provide the
records described in paragraph (a) of this section to the Commission in
such form and with such frequency as requested by the Commission.

Sec.  303.6  Reservation of authority for Level 3 covered institutions.

    (a) In general. The Commission may require a Level 3 covered
institution with average total consolidated assets greater than or
equal to $10 billion and less than $50 billion to comply with some or
all of the provisions of Sec. Sec.  303.5 and 303.7 through 303.11 if
the Commission determines that the Level 3 covered institution's
complexity of operations or compensation practices are consistent with
those of a Level 1 or Level 2 covered institution.
    (b) Factors considered. Any exercise of authority under this
section will be in writing by the Commission in accordance with
procedures established by the Commission and will consider the
activities, complexity of operations, risk profile, and compensation
practices of the Level 3 covered institution, in addition to any other
relevant factors.

Sec.  303.7  Deferral, forfeiture and downward adjustment, and clawback
requirements for Level 1 and Level 2 covered institutions.

    An incentive-based compensation arrangement at a Level 1 or Level 2
covered institution will not be considered to appropriately balance
risk and reward, for purposes of Sec.  303.4(c)(1), unless the
following requirements are met.
    (a) Deferral. (1) Qualifying incentive-based compensation must be
deferred as follows:
    (i) Minimum required deferral amount. (A) A Level 1 covered
institution must defer at least 60 percent of a senior executive
officer's qualifying incentive-based compensation awarded for each
performance period.
    (B) A Level 1 covered institution must defer at least 50 percent of
a significant risk-taker's qualifying incentive-based compensation
awarded for each performance period.
    (C) A Level 2 covered institution must defer at least 50 percent of
a senior executive officer's qualifying incentive-based compensation
awarded for each performance period.
    (D) A Level 2 covered institution must defer at least 40 percent of
a significant risk-taker's qualifying incentive-based compensation
awarded for each performance period.
    (ii) Minimum required deferral period. (A) For a senior executive
officer or significant risk-taker of a Level 1 covered institution, the
deferral period for deferred qualifying incentive-based compensation
must be at least 4 years.
    (B) For a senior executive officer or significant risk-taker of a
Level 2 covered institution, the deferral period for deferred
qualifying incentive-based compensation must be at least 3 years.
    (iii) Vesting of amounts during deferral period. (A) Pro rata
vesting. During a deferral period, deferred qualifying incentive-based
compensation may not vest faster than on a pro rata annual basis
beginning no earlier than the first anniversary of the end of the
performance period for which the amounts were awarded.
    (B) Acceleration of vesting. A Level 1 or Level 2 covered
institution must not accelerate the vesting of a covered person's
deferred qualifying incentive-based compensation that is required to be
deferred under this part, except in the case of death or disability of
such covered person.
    (2) Incentive-based compensation awarded under a long-term
incentive plan must be deferred as follows:

    (i) Minimum required deferral amount. (A) A Level 1 covered
institution must defer at least 60 percent of a senior executive
officer's incentive-based compensation awarded under a long-term
incentive plan for each performance period.
    (B) A Level 1 covered institution must defer at least 50 percent of
a significant risk-taker's incentive-based compensation awarded under a
long-term incentive plan for each performance period.
    (C) A Level 2 covered institution must defer at least 50 percent of
a senior executive officer's incentive-based compensation awarded under
a long-term incentive plan for each performance period.
    (D) A Level 2 covered institution must defer at least 40 percent of
a significant risk-taker's incentive-based compensation awarded under a
long-term incentive plan for each performance period.
    (ii) Minimum required deferral period. (A) For a senior executive
officer or significant risk-taker of a Level 1 covered institution, the
deferral period for deferred long-term incentive plan amounts must be
at least 2 years.
    (B) For a senior executive officer or significant risk-taker of a
Level 2 covered institution, the deferral period for deferred long-term
incentive plan amounts must be at least 1 year.
    (iii) Vesting of amounts during deferral period--(A) Pro rata
vesting. During a deferral period, deferred long-term incentive plan
amounts may not vest faster than on a pro rata annual basis beginning
no earlier than the first anniversary of the end of the performance
period for which amounts were awarded.
    (B) Acceleration of vesting. A Level 1 or Level 2 covered
institution must not accelerate the vesting of a covered person's
deferred long-term incentive plan amounts that is required to be
deferred under this part, except in the case of death or disability of
such covered person.
    (3) Adjustments of deferred qualifying incentive-based compensation
and deferred long-term incentive plan compensation amounts. A Level 1
or Level 2 covered institution may not increase deferred qualifying
incentive-based compensation or deferred long-term incentive plan
amounts for a senior executive officer or significant risk-taker during
the deferral period. For purposes of this paragraph, an increase in
value attributable solely to a change in share value, a change in
interest rates, or the payment of interest according to terms set out
at the time of the award is not considered an increase in incentive-
based compensation amounts.
    (4) Composition of deferred qualifying incentive-based compensation
and deferred long-term incentive plan compensation for Level 1 and
Level 2 covered institutions--(i) Cash and equity-like instruments. For
a senior executive officer or significant risk-taker of a Level 1 or
Level 2 covered institution that issues equity or is an affiliate of a
covered institution that issues equity, any deferred qualifying
incentive-based compensation or deferred long-term incentive plan
amounts must include substantial portions of both deferred cash and
equity-like instruments throughout the deferral period.
    (ii) Options. If a senior executive officer or significant risk-
taker of a Level 1 or Level 2 covered institution receives incentive-
based compensation for a performance period in the form of options, the
total amount of such options that may be used to meet the minimum
deferral amount requirements of paragraph (a)(1)(i) or (a)(2)(i) of
this section is limited to no more than 15 percent of the amount of
total incentive-based compensation awarded to the senior executive
officer or significant risk-taker for that performance period.
    (b) Forfeiture and downward adjustment--(1) Compensation at risk.
(i) A Level 1 or Level 2 covered institution must place at risk of
forfeiture all unvested deferred incentive-based compensation of any
senior executive officer or significant risk-taker, including unvested
deferred amounts awarded under long-term incentive plans.
    (ii) A Level 1 or Level 2 covered institution must place at risk of
downward adjustment all of a senior executive officer's or significant
risk-taker's incentive-based compensation amounts not yet awarded for
the current performance period, including amounts payable under long-
term incentive plans.
    (2) Events triggering forfeiture and downward adjustment review. At
a minimum, a Level 1 or Level 2 covered institution must consider
forfeiture and downward adjustment of incentive-based compensation of
senior executive officers and significant risk-takers described in
paragraph (b)(3) of this section due to any of the following adverse
outcomes at the covered institution:
    (i) Poor financial performance attributable to a significant
deviation from the risk parameters set forth in the covered
institution's policies and procedures;
    (ii) Inappropriate risk taking, regardless of the impact on
financial performance;
    (iii) Material risk management or control failures;
    (iv) Non-compliance with statutory, regulatory, or supervisory
standards that results in:
    (A) Enforcement or legal action against the covered institution
brought by a federal or state regulator or agency; or
    (B) A requirement that the covered institution report a restatement
of a financial statement to correct a material error; and
    (v) Other aspects of conduct or poor performance as defined by the
covered institution.
    (3) Senior executive officers and significant risk-takers affected
by forfeiture and downward adjustment. A Level 1 or Level 2 covered
institution must consider forfeiture and downward adjustment for a
senior executive officer or significant risk-taker with direct
responsibility, or responsibility due to the senior executive officer's
or significant risk-taker's role or position in the covered
institution's organizational structure, for the events related to the
forfeiture and downward adjustment review set forth in paragraph (b)(2)
of this section.
    (4) Determining forfeiture and downward adjustment amounts. A Level
1 or Level 2 covered institution must consider, at a minimum, the
following factors when determining the amount or portion of a senior
executive officer's or significant risk-taker's incentive-based
compensation that should be forfeited or adjusted downward:
    (i) The intent of the senior executive officer or significant risk-
taker to operate outside the risk governance framework approved by the
covered institution's board of directors or to depart from the covered
institution's policies and procedures;
    (ii) The senior executive officer's or significant risk-taker's
level of participation in, awareness of, and responsibility for, the
events triggering the forfeiture and downward adjustment review set
forth in paragraph (b)(2) of this section;
    (iii) Any actions the senior executive officer or significant risk-
taker took or could have taken to prevent the events triggering the
forfeiture and downward adjustment review set forth in paragraph (b)(2)
of this section;
    (iv) The financial and reputational impact of the events triggering
the forfeiture and downward adjustment review set forth in paragraph
(b)(2) of this section to the covered institution, the line or sub-line
of business, and

individuals involved, as applicable, including the magnitude of any
financial loss and the cost of known or potential subsequent fines,
settlements, and litigation;
    (v) The causes of the events triggering the forfeiture and downward
adjustment review set forth in paragraph (b)(2) of this section,
including any decision-making by other individuals; and
    (vi) Any other relevant information, including past behavior and
past risk outcomes attributable to the senior executive officer or
significant risk-taker.
    (c) Clawback. A Level 1 or Level 2 covered institution must include
clawback provisions in incentive-based compensation arrangements for
senior executive officers and significant risk-takers that, at a
minimum, allow the covered institution to recover incentive-based
compensation from a current or former senior executive officer or
significant risk-taker for seven years following the date on which such
compensation vests, if the covered institution determines that the
senior executive officer or significant risk-taker engaged in:
    (1) Misconduct that resulted in significant financial or
reputational harm to the covered institution;
    (2) Fraud; or
    (3) Intentional misrepresentation of information used to determine
the senior executive officer or significant risk-taker's incentive-
based compensation.

Sec.  303.8  Additional prohibitions for Level 1 and Level 2 covered
institutions.

    An incentive-based compensation arrangement at a Level 1 or Level 2
covered institution will be considered to provide incentives that
appropriately balance risk and reward for purposes of Sec.  303.4(c)(1)
only if such institution complies with the following prohibitions.
    (a) Hedging. A Level 1 or Level 2 covered institution must not
purchase a hedging instrument or similar instrument on behalf of a
covered person to hedge or offset any decrease in the value of the
covered person's incentive-based compensation.
    (b) Maximum incentive-based compensation opportunity. A Level 1 or
Level 2 covered institution must not award incentive-based compensation
to:
    (1) A senior executive officer in excess of 125 percent of the
target amount for that incentive-based compensation; or
    (2) A significant risk-taker in excess of 150 percent of the target
amount for that incentive-based compensation.
    (c) Relative performance measures. A Level 1 or Level 2 covered
institution must not use incentive-based compensation performance
measures that are based solely on industry peer performance
comparisons.
    (d) Volume driven incentive-based compensation. A Level 1 or Level
2 covered institution must not provide incentive-based compensation to
a covered person that is based solely on transaction revenue or volume
without regard to transaction quality or compliance of the covered
person with sound risk management.

Sec.  303.9  Risk management and controls requirements for Level 1 and
Level 2 covered institutions.

    An incentive-based compensation arrangement at a Level 1 or Level 2
covered institution will be considered to be compatible with effective
risk management and controls for purposes of Sec.  303.4(c)(2) only if
such institution meets the following requirements.
    (a) A Level 1 or Level 2 covered institution must have a risk
management framework for its incentive-based compensation program that:
    (1) Is independent of any lines of business;
    (2) Includes an independent compliance program that provides for
internal controls, testing, monitoring, and training with written
policies and procedures consistent with Sec.  303.11; and
    (3) Is commensurate with the size and complexity of the covered
institution's operations.
    (b) A Level 1 or Level 2 covered institution must:
    (1) Provide individuals engaged in control functions with the
authority to influence the risk-taking of the business areas they
monitor; and
    (2) Ensure that covered persons engaged in control functions are
compensated in accordance with the achievement of performance
objectives linked to their control functions and independent of the
performance of those business areas.
    (c) A Level 1 or Level 2 covered institution must provide for the
independent monitoring of:
    (1) All incentive-based compensation plans in order to identify
whether those plans provide incentives that appropriately balance risk
and reward;
    (2) Events related to forfeiture and downward adjustment reviews
and decisions of forfeiture and downward adjustment reviews in order to
determine consistency with Sec.  303.7(b); and
    (3) Compliance of the incentive-based compensation program with the
covered institution's policies and procedures.

Sec.  303.10  Governance requirements for Level 1 and Level 2 covered
institutions.

    An incentive-based compensation arrangement at a Level 1 or Level 2
covered institution will not be considered to be supported by effective
governance for purposes of Sec.  303.4(c)(3), unless:
    (a) The covered institution establishes a compensation committee
composed solely of directors who are not senior executive officers to
assist the board of directors in carrying out its responsibilities
under Sec.  303.4(e); and
    (b) The compensation committee established pursuant to paragraph
(a) of this section obtains:
    (1) Input from the risk and audit committees of the covered
institution's board of directors, or groups performing similar
functions, and risk management function on the effectiveness of risk
measures and adjustments used to balance risk and reward in incentive-
based compensation arrangements;
    (2) A written assessment of the effectiveness of the covered
institution's incentive-based compensation program and related
compliance and control processes in providing risk-taking incentives
that are consistent with the risk profile of the covered institution,
submitted on an annual or more frequent basis by the management of the
covered institution and developed with input from the risk and audit
committees of its board of directors, or groups performing similar
functions, and from the covered institution's risk management and audit
functions; and
    (3) An independent written assessment of the effectiveness of the
covered institution's incentive-based compensation program and related
compliance and control processes in providing risk-taking incentives
that are consistent with the risk profile of the covered institution,
submitted on an annual or more frequent basis by the internal audit or
risk management function of the covered institution, developed
independently of the covered institution's management.

Sec.  303.11  Policies and procedures requirements for Level 1 and
Level 2 covered institutions.

    A Level 1 or Level 2 covered institution must develop and implement
policies and procedures for its incentive-based compensation program
that, at a minimum:
    (a) Are consistent with the prohibitions and requirements of this
part;
    (b) Specify the substantive and procedural criteria for the
application of forfeiture and clawback, including the process for
determining the amount of

incentive-based compensation to be clawed back;
    (c) Require that the covered institution maintain documentation of
final forfeiture, downward adjustment, and clawback decisions;
    (d) Specify the substantive and procedural criteria for the
acceleration of payments of deferred incentive-based compensation to a
covered person, consistent with Sec.  303.7(a)(1)(iii)(B) and
(a)(2)(iii)(B);
    (e) Identify and describe the role of any employees, committees, or
groups authorized to make incentive-based compensation decisions,
including when discretion is authorized;
    (f) Describe how discretion is expected to be exercised to
appropriately balance risk and reward;
    (g) Require that the covered institution maintain documentation of
the establishment, implementation, modification, and monitoring of
incentive-based compensation arrangements, sufficient to support the
covered institution's decisions;
    (h) Describe how incentive-based compensation arrangements will be
monitored;
    (i) Specify the substantive and procedural requirements of the
independent compliance program consistent with Sec.  303.9(a)(2); and
    (j) Ensure appropriate roles for risk management, risk oversight,
and other control function personnel in the covered institution's
processes for:
    (1) Designing incentive-based compensation arrangements, and
determining awards, deferral amounts, deferral periods, forfeiture,
downward adjustment, clawback, and vesting; and
    (2) Assessing the effectiveness of incentive-based compensation
arrangements in restraining inappropriate risk-taking.

Sec.  303.12  Indirect actions.

    A covered institution must not, indirectly or through or by any
other person, do anything that would be unlawful for such covered
institution to do directly under this part.

Sec.  303.13  Enforcement.

    The provisions of this part shall be enforced under section 505 of
the Gramm-Leach-Bliley Act and, for purposes of such section, a
violation of this part shall be treated as a violation of subtitle A of
title V of such Act.

    Dated: April 26, 2016.
Thomas J. Curry,
Comptroller of the Currency.
    By order of the Board of Governors of the Federal Reserve
System, May 2, 2016.
Margaret McCloskey Shanks,
Deputy Secretary of the Board.
    Dated at Washington, DC this 26th day of April, 2016.

    By order of the Board of Directors.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
    Dated: April 21, 2016.

    By the Federal Housing Finance Agency.

Melvin L. Watt,
Director.

    By the National Credit Union Administration Board on April 21,
2016.
Gerard Poliquin,
Secretary of the Board.
    Dated: May 6, 2016.

    By the Securities and Exchange Commission.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-11788 Filed 6-9-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: February 25, 2008 (Volume 73, Number 37)]
[Rules and Regulations]
[Page 9937-9938]
[DOCID:fr25fe08-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30594; Amdt. No. 3257]

Standard Instrument Approach Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule amends Standard Instrument Approach Procedures
(SIAPs) for operations at certain airports. These regulatory actions
are needed because of changes in the National Airspace System, such as
the commissioning of new navigational facilities, adding of new
obstacles, or changing air traffic requirements. These changes are
designed to provide safe and efficient use of the navigable airspace
and to promote safe flight operations under instrument flight rules at
the affected airports.

DATES: This rule is effective February 25, 2008. The compliance date
for each SIAP is specified in the amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of February 25, 2008.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169; or
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    Availability--All SIAPs are available online free of charge. Visit
http://nfdc.faa.gov to register. Additionally, individual SIAP and
Takeoff Minimums and ODP copies may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420), Flight Technologies and Programs Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125),
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and
Sec.  97.20 of Title 14 of the Code of Federal Regulations.
    The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAP and the corresponding effective dates. This
amendment also identifies the airport and its location, the procedure
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP as amended in the transmittal. For safety and
timeliness of change considerations, this amendment incorporates only
specific changes contained for each SIAP as modified by FDC/P-NOTAMs.
    The SIAPs, as modified by FDC P-NOTAM, and contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these changes to
SIAPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts. The circumstances which created the need for all
these SIAP amendments requires making them effective in less than 30
days.
    Because of the close and immediate relationship between these SIAPs
and safety in air commerce, I find that notice and public procedure
before adopting these SIAPs are impracticable and contrary to the
public interest and, where applicable, that good cause exists for
making these SIAPs effective in less than 30 days.

Conclusion

    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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC on Febuary 8, 2008.
James J. Ballough,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Title 14, Code
of Federal Regulations, Part 97, 14 CFR part 97, is amended by amending
Standard Instrument Approach Procedures, effective at 0901 UTC on the
dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:
    Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35
[Amended]
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, ISMLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, identified as follows:

Effective Upon Publication

----------------------------------------------------------------------------------------------------------------
    FDC date        State           City             Airport           FDC No.                 Subject
----------------------------------------------------------------------------------------------------------------
01/31/08.......  VA          DUBLIN...........  NEW RIVER VALLEY  8/3193             ILS RWY 6, AMDT 4
02/01/08.......  NE          OMAHA............  EPPLEY AIRFIELD.  8/3311             ILS OR LOC RWY 32L, AMDT 1
02/01/08.......  OH          DAYTON...........  DAYTON INTL.....  8/3324             ILS OR LOC RWY 24R, AMDT 7
02/06/08.......  ME          MILLINOCKET......  MILLINOCKET MUNI  8/3814             LOC RWY 29, ORIG-B
02/06/08.......  ME          MILLINOCKET......  MILLINOCKET MUNI  8/3815             VOR OR GPS-A, AMDT 10A
02/06/08.......  ME          MILLINOCKET......  MILLINOCKET MUNI  8/3816             NDB OR GPS RWY 29, AMDT 3A
02/05/08.......  CO          DENVER...........  DENVER INTL.....  8/3609             ILS RWY 25, AMDT 2
02/01/08.......  IL          CHICAGO..........  CHICAGO O'HARE    8/3306             ILS OR LOC RWY 9R, AMDT 8
                                                 INTL.
02/05/08.......  IL          CHICAGO..........  CHICAGO O'HARE    8/3591             ILS OR LOC RWY 4R, AMDT 6G
                                                 INTL.
02/04/08.......  FL          ORLANDO..........  EXECUTIVE.......  8/3524             VOR/DME RWY 25, AMDT 2A
02/04/08.......  FL          ORLANDO..........  EXECUTIVE.......  8/3525             RNAV (GPS) RWY 25, ORIG-A
02/04/08.......  FL          ORLANDO..........  EXECUTIVE.......  8/3526             LOC BC RWY 25, AMDT 21A
----------------------------------------------------------------------------------------------------------------

[FR Doc. E8-2862 Filed 2-22-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 172 (Thursday, September 5, 2019)]
[Notices]
[Page 46749]
[FR Doc No: 2019-19151]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2019-0604]

Cook Inlet Regional Citizens' Advisory Council (CIRCAC)
Recertification

AGENCY: Coast Guard, DHS.

ACTION: Notice of recertification.

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SUMMARY: This notice informs the public that the Coast Guard has
recertified the Cook Inlet Regional Citizens' Advisory Council (CIRCAC)
as an alternative voluntary advisory group for Cook Inlet, Alaska. This
certification allows the CIRCAC to monitor the activities of terminal
facilities and crude oil tankers under an alternative composition,
other than prescribed, Cook Inlet Program established by statue.

DATES: This recertification is effective for the period from September
1, 2019 through August 31, 2020.

FOR FURTHER INFORMATION CONTACT: LCDR Jonathan Dale, Seventeenth Coast
Guard District (dpi), by phone at<PHONE_NUMBER>, email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background and Purpose

    As part of the Oil Pollution Act of 1990, Congress passed the Oil
Terminal and Oil Tanker Environmental Oversight and Monitoring Act of
1990 (the Act), 33 U.S.C. 2732, to foster a long-term partnership among
industry, government, and local communities in overseeing compliance
with environmental concerns in the operation of crude oil terminals and
oil tankers.
    The President has delegated his authority under 33 U.S.C 2732(o)
respecting certification of advisory councils, or groups, subject to
the Act to the Secretary of the Department of Homeland Security.
Section 8(g) of Executive Order 12777, (56 FR 54757, October 22, 1991),
as amended by section 34 of Executive Order 13286 (68 FR 10619, March
5, 2003). The Secretary redelegated that authority to the Commandant of
the USCG. Department of Homeland Security Delegation No. 0170.1,
paragraph 80 of section II. The Commandant redelegated that authority
to the Chief, Office of Marine Safety, Security and Environmental
Protection (G-M) on March 19, 1992 (letter #5402).
    The Assistant Commandant for Marine Safety and Environmental
Protection (G-M), redelegated recertification authority for advisory
councils, or groups, to the Commander, Seventeenth Coast Guard District
on February 26, 1999 (letter #16450).
    On July 7, 1993, the USCG published a policy statement,
``Alternative Voluntary Advisory Groups, Prince William Sound and Cook
Inlet'' (58 FR 36504), to clarify the factors considered in making the
determination as to whether advisory councils, or groups, should be
certified in accordance with the Act.
    On September 16, 2002, the USCG published a policy statement, 67 FR
58440, which changed the recertification procedures such that
applicants are required to provide the USCG with comprehensive
information every three years (triennially). For each of the two years
between the triennial application procedures, applicants submit a
letter requesting recertification that includes a description of any
substantive changes to the information provided at the previous
triennial recertification. Further, public comment is only solicited
during the triennial comprehensive review.

Recertification

    By letter dated Jul 31 2019, the Commander, Seventeenth Coast Guard
District, certified that the CIRCAC qualifies as an alternative
voluntary advisory group under 33 U.S.C. 2732(o). This recertification
terminates on August 31, 2020.

    Dated: July 31, 2019.
Matthew T. Bell Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventeenth Coast Guard
District.
[FR Doc. 2019-19151 Filed 9-4-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 205 (Wednesday, October 27, 2021)]
[Notices]
[Pages 59376-59380]
[FR Doc No: 2021-23357]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9151-01-OLEM]

Fortieth Update of the Federal Agency Hazardous Waste Compliance
Docket

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Since 1988, the Environmental Protection Agency (EPA) has
maintained a Federal Agency Hazardous Waste Compliance Docket
(``Docket'') under the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA). CERCLA requires EPA to
establish a Docket that contains certain information reported to EPA by
Federal facilities that manage hazardous waste

or from which a reportable quantity of hazardous substances has been
released. This notice identifies the Federal facilities not previously
listed on the Docket and identifies Federal facilities reported to EPA
since the last update on April 29, 2021. In addition to the list of
additions to the Docket, this notice includes a section with revisions
of the previous Docket list and a section of Federal facilities that
are to be deleted from the Docket. Thus, the revisions in this update
include one addition, three deletions, and two corrections to the
Docket since the previous update.

DATES: This list is current as of October 8, 2021.

FOR FURTHER INFORMATION CONTACT: Electronic versions of the Docket and
more information on its implementation can be obtained at http://www.epa.gov/fedfac/federal-agency-hazardous-waste-compliance-docket by
clicking on the link for Cleanups at Federal Facilities or by
contacting Benjamin Simes ([email protected]), Federal Agency
Hazardous Waste Compliance Docket Coordinator, Federal Facilities
Restoration and Reuse Office. Additional information on the Docket and
a complete list of Docket sites can be obtained at: https://www.epa.gov/fedfac/federal-agency-hazardous-waste-compliance-docket-1.

SUPPLEMENTARY INFORMATION:

Table of Contents

1.0 Introduction
2.0 Regional Docket Coordinators
3.0 Revisions of the Previous Docket
4.0 Process for Compiling the Updated Docket
5.0 Facilities Not Included
6.0 Facility NPL Status Reporting, Including NFRAP Status
7.0 Information Contained on Docket Listing

1.0 Introduction

    Section 120(c) of CERCLA, 42 U.S.C. 9620(c), as amended by the
Superfund Amendments and Reauthorization Act of 1986 (SARA), requires
EPA to establish the Federal Agency Hazardous Waste Compliance Docket.
The Docket contains information on Federal facilities that manage
hazardous waste and such information is submitted by Federal agencies
to EPA under sections 3005, 3010, and 3016 of the Resource Conservation
and Recovery Act (RCRA), 42 U.S.C. 6925, 6930, and 6937. Additionally,
the Docket contains information on Federal facilities with a reportable
quantity of hazardous substances that has been released and such
information is submitted by Federal agencies to EPA under section 103
of CERCLA, 42 U.S.C. 9603. Specifically, RCRA section 3005 establishes
a permitting system for certain hazardous waste treatment, storage, and
disposal (TSD) facilities; RCRA section 3010 requires waste generators,
transporters and TSD facilities to notify EPA of their hazardous waste
activities; and RCRA section 3016 requires Federal agencies to submit
biennially to EPA an inventory of their Federal hazardous waste
facilities. CERCLA section 103(a) requires the owner or operator of a
vessel or onshore or offshore facility to notify the National Response
Center (NRC) of any spill or other release of a hazardous substance
that equals or exceeds a reportable quantity (RQ), as defined by CERCLA
section 101. Additionally, CERCLA section 103(c) requires facilities
that have ``stored, treated, or disposed of'' hazardous wastes and
where there is ``known, suspected, or likely releases'' of hazardous
substances to report their activities to EPA.
    CERCLA section 120(d) requires EPA to take steps to assure that a
Preliminary Assessment (PA) be completed for those sites identified in
the Docket and that the evaluation and listing of sites with a PA be
completed within a reasonable time frame. The PA is designed to provide
information for EPA to consider when evaluating the site for potential
response action or inclusion on the National Priorities List (NPL).
    The Docket serves three major purposes: (1) To identify all Federal
facilities that must be evaluated to determine whether they pose a
threat to human health and the environment sufficient to warrant
inclusion on the National Priorities List (NPL); (2) to compile and
maintain the information submitted to EPA on such facilities under the
provisions listed in section 120(c) of CERCLA; and (3) to provide a
mechanism to make the information available to the public. Previous
Docket updates are available at https://www.epa.gov/fedfac/previous-federal-agency-hazardous-waste-compliance-docket-updates.
    This notice provides some background information on the Docket.
Additional information on the Docket requirements and implementation
are found in the Docket Reference Manual, Federal Agency Hazardous
Waste Compliance Docket found at http://www.epa.gov/fedfac/docket-reference-manual-federal-agency-hazardous-waste-compliance-docket-interim-final or obtained by calling the Regional Docket Coordinators
listed below. This notice also provides changes to the list of sites
included on the Docket in three areas: (1) Additions, (2) Deletions,
and (3) Corrections. Specifically, additions are newly identified
Federal facilities that have been reported to EPA since the last update
and now are included on the Docket; the deletions section lists Federal
facilities that EPA is deleting from the Docket.\1\ The information
submitted to EPA on each Federal facility is maintained in the Docket
repository located in the EPA Regional office of the Region in which
the Federal facility is located; for a description of the information
required under those provisions, see 53 FR 4280 (February 12, 1988).
Each repository contains the documents submitted to EPA under the
reporting provisions and correspondence relevant to the reporting
provisions for each Federal facility.
---------------------------------------------------------------------------

    \1\ See Section 3.2 for the criteria for being deleted from the
Docket.
---------------------------------------------------------------------------

    In prior updates, information was also provided regarding No
Further Remedial Action Planned (NFRAP) status changes. However,
information on NFRAP and NPL status is no longer being provided
separately in the Docket update as it is now available at: http://www.epa.gov/fedfacts/federal-facility-cleanup-sites-searchable-list or
by contacting the EPA HQ Docket Coordinator at the address provided in
the FOR FURTHER INFORMATION CONTACT section of this notice.

2.0 Regional Docket Coordinators

    Contact the following Docket Coordinators for information on
Regional Docket repositories:
     U.S. EPA Region 1. Ross Gilleland (HBS), 5 Post Office
Square, Suite 100, Mail Code: 01-5, Boston MA 02109-3912, (617) 918-
1188.
     U.S. EPA Region 2. Cathy Moyik (ERRD), 290 Broadway, New
York, NY 10007-1866,<PHONE_NUMBER>.
     U.S. EPA Region 3. Joseph Vitello (3HS12), 1650 Arch
Street, Philadelphia, PA 19107,<PHONE_NUMBER>.
     U.S. EPA Region 3. Dawn Fulsher (3HS12), 1650 Arch Street,
Philadelphia, PA 19107,<PHONE_NUMBER>.
     U.S. EPA Region 4. Alayna Famble (9T25), 61 Forsyth St.
SW, Atlanta, GA 30303,<PHONE_NUMBER>.
     U.S. EPA Region 5. David Brauner (SR-6J), 77 W Jackson
Blvd., Chicago, IL 60604,<PHONE_NUMBER>.
     U.S. EPA Region 6. Philip Ofosu (6SF-RA), 1445 Ross
Avenue, Dallas, TX 75202-2733,<PHONE_NUMBER>.
     U.S. EPA Region 7. Todd H Davis (SUPRERSP), 11201 Renner
Blvd., Lenexa, KS 66219,<PHONE_NUMBER>.
     U.S. EPA Region 8. Ryan Dunham (EPR-F), 1595 Wynkoop
Street, Denver, CO 80202,<PHONE_NUMBER>.

     U.S. EPA Region 9. Leslie Ramirez (SFD-6-1), 75 Hawthorne
Street, San Francisco, CA 94105,<PHONE_NUMBER>.
     U.S. EPA Region 10. Ken Marcy, Oregon Operations Office,
805 SW Broadway, Suite 500, Portland, OR 97205,<PHONE_NUMBER>.

3.0 Revisions of the Previous Docket

    This section includes a discussion of the additions, deletions and
corrections to the list of Docket facilities since the previous Docket
update.

3.1 Additions

    These Federal facilities are being added primarily because of new
information obtained by EPA (for example, recent reporting of a
facility pursuant to RCRA sections 3005, 3010, or 3016 or CERCLA
section 103). CERCLA section 120, as amended by the Defense
Authorization Act of 1997, specifies that EPA take steps to assure that
a Preliminary Assessment (PA) be completed within a reasonable time
frame for those Federal facilities that are included on the Docket.
Among other things, the PA is designed to provide information for EPA
to consider when evaluating the site for potential response action or
listing on the NPL. This notice includes one addition.

3.2 Deletions

    There are no statutory or regulatory provisions that address
deletion of a facility from the Docket. However, if a facility is
incorrectly included on the Docket, it may be deleted from the Docket.
The criteria EPA uses in deleting sites from the Docket include: A
facility for which there was an incorrect report submitted for
hazardous waste activity under RCRA (e.g., 40 CFR 262.44); a facility
that was not Federally-owned or operated at the time of the listing; a
facility included more than once (i.e., redundant listings); or when
multiple facilities are combined under one listing. (See Docket Codes
(Reasons for Deletion of Facilities) for a more refined list of the
criteria EPA uses for deleting sites from the Docket.) Facilities being
deleted no longer will be subject to the requirements of CERCLA section
120(d). This notice includes three deletions.

3.3 Corrections

    Changes necessary to correct the previous Docket are identified by
both EPA and Federal agencies. The corrections section may include
changes in addresses or spelling, and corrections of the recorded name
and ownership of a Federal facility. In addition, changes in the names
of Federal facilities may be made to establish consistency in the
Docket or between the Superfund Enterprise Management System (SEMS) and
the Docket. For the Federal facility for which a correction is entered,
the original entry is as it appeared in previous Docket updates. The
corrected update is shown directly below, for easy comparison. This
notice includes two corrections.

4.0 Process for Compiling the Updated Docket

    In compiling the newly reported Federal facilities for the update
being published in this notice, EPA extracted the names, addresses, and
identification numbers of facilities from four EPA databases--the
WebEOC, the Biennial Inventory of Federal Agency Hazardous Waste
Activities, the Resource Conservation and Recovery Act Information
System (RCRAInfo), and SEMS--that contain information about Federal
facilities submitted under the four provisions listed in CERCLA section
120(c).
    EPA assures the quality of the information on the Docket by
conducting extensive evaluation of the current Docket list and contacts
the other Federal Agency (OFA) with the information obtained from the
databases identified above to determine which Federal facilities were,
in fact, newly reported and qualified for inclusion on the update. EPA
is also striving to correct errors for Federal facilities that were
previously reported. For example, state-owned or privately-owned
facilities that are not operated by the Federal government may have
been included. Such problems are sometimes caused by procedures
historically used to report and track Federal facilities data.
Representatives of Federal agencies are asked to contact the EPA HQ
Docket Coordinator at the address provided in the FOR FURTHER
INFORMATION CONTACT section of this notice if revisions of this update
information are necessary.

5.0 Facilities Not Included

    Certain categories of facilities may not be included on the Docket,
such as: (1) Federal facilities formerly owned by a Federal agency that
at the time of consideration was not Federally-owned or operated; (2)
Federal facilities that are small quantity generators (SQGs) that have
not, more than once per calendar year, generated more than 1,000 kg of
hazardous waste in any single month; (3) Federal facilities that are
very small quantity generators (VSQGs) that have never generated more
than 100 kg of hazardous waste in any month; (4) Federal facilities
that are solely hazardous waste transportation facilities, as reported
under RCRA section 3010; and (5) Federal facilities that have mixed
mine or mill site ownership.
    An EPA policy issued in June 2003 provided guidance for a site-by-
site evaluation as to whether ``mixed ownership'' mine or mill sites,
typically created as a result of activities conducted pursuant to the
General Mining Law of 1872 and never reported under section 103(a) of
CERCLA, should be included on the Docket. For purposes of that policy,
mixed ownership mine or mill sites are those located partially on
private land and partially on public land. This policy is found at
http://www.epa.gov/fedfac/policy-listing-mixed-ownership-mine-or-mill-sites-created-result-general-mining-law-1872. The policy of not
including these facilities may change; facilities now omitted may be
added at some point if EPA determines that they should be included.

6.0 Facility NPL Status Reporting, Including NFRAP Status

    EPA tracks the NPL status of Federal facilities listed on the
Docket. An updated list of the NPL status of all Docket facilities, as
well as their NFRAP status, is available at http://www.epa.gov/fedfac/fedfacts or by contacting the EPA HQ Docket Coordinator at the address
provided in the FOR FURTHER INFORMATION CONTACT section of this notice.
In prior updates, information regarding NFRAP status changes was
provided separately.

7.0 Information Contained on Docket Listing

    The information is provided in three tables. The first table is a
list of additional Federal facilities that are being added to the
Docket. The second table is a list of Federal facilities that are being
deleted from the Docket. The third table is for corrections.
    The Federal facilities listed in each table are organized by the
date reported. Under each heading is listed the name and address of the
facility, the Federal agency responsible for the facility, the
statutory provision(s) under which the facility was reported to EPA,
and a code.\2\
---------------------------------------------------------------------------

    \2\ Each Federal facility listed in the update has been assigned
a code that indicates a specific reason for the addition or
deletion. The code precedes this list.
---------------------------------------------------------------------------

    The statutory provisions under which a Federal facility is reported
are listed in a column titled ``Reporting Mechanism.'' Applicable
mechanisms are listed for each Federal facility: For example, Sections
3005, 3010, 3016, 103(c), or Other. ``Other'' has been

added as a reporting mechanism to indicate those Federal facilities
that otherwise have been identified to have releases or threat of
releases of hazardous substances. The National Contingency Plan at 40
CFR 300.405 addresses discovery or notification, outlines what
constitutes discovery of a hazardous substance release, and states that
a release may be discovered in several ways, including: (1) A report
submitted in accordance with section 103(a) of CERCLA, i.e., reportable
quantities codified at 40 CFR 302; (2) a report submitted to EPA in
accordance with section 103(c) of CERCLA; (3) investigation by
government authorities conducted in accordance with section 104(e) of
CERCLA or other statutory authority; (4) notification of a release by a
Federal or state permit holder when required by its permit; (5)
inventory or survey efforts or random or incidental observation
reported by government agencies or the public; (6) submission of a
citizen petition to EPA or the appropriate Federal facility requesting
a preliminary assessment, in accordance with section 105(d) of CERCLA;
(7) a report submitted in accordance with section 311(b)(5) of the
Clean Water Act; and (8) other sources. As a policy matter, EPA
generally believes it is appropriate for Federal facilities identified
through the CERCLA discovery and notification process to be included on
the Docket.
    The complete list of Federal facilities that now make up the Docket
and the NPL and NFRAP status are available to interested parties and
can be obtained at http://www.epa.gov/fedfac/fedfacts or by contacting
the EPA HQ Docket Coordinator at the address provided in the FOR
FURTHER INFORMATION CONTACT section of this notice. As of the date of
this notice, the total number of Federal facilities that appear on the
Docket is 2,380.

7.1 Docket Codes/Reasons for Deletion of Facilities

     Code 1. Small-Quantity Generator and Very Small Quantity
Generator. Show citation box.
     Code 2. Never Federally Owned and/or Operated.
     Code 3. Formerly Federally Owned and/or Operated but not
at time of listing.
     Code 4. No Hazardous Waste Generated.
     Code 5. (This code is no longer used.)
     Code 6. Redundant Listing/Site on Facility.
     Code 7. Combining Sites Into One Facility/Entries
Combined.
     Code 8. Does Not Fit Facility Definition.

7.2 Docket Codes/Reasons for Addition of Facilities

     Code 15. Small-Quantity Generator with either a RCRA 3016
or CERCLA 103 Reporting Mechanism.
     Code 16. One Entry Being Split Into Two (or more)/Federal
Agency Responsibility Being Split.
     Code 16A. NPL site that is part of a Facility already
listed on the Docket.
     Code 17. New Information Obtained Showing That Facility
Should Be Included.
     Code 18. Facility Was a Site on a Facility That Was
Disbanded; Now a Separate Facility.
     Code 19. Sites Were Combined Into One Facility.
     Code 19A. New Currently Federally Owned and/or Operated
Facility Site.

7.3 Docket Codes/Types of Corrections of Information About Facilities

     Code 20. Reporting Provisions Change.
     Code 20A. Typo Correction/Name Change/Address Change.
     Code 21. Changing Responsible Federal Agency. (If
applicable, new responsible Federal agency submits proof of previously
performed PA, which is subject to approval by EPA.)
     Code 22. Changing Responsible Federal Agency and Facility
Name. (If applicable, new responsible Federal Agency submits proof of
previously performed PA, which is subject to approval by EPA.)
     Code 24. Reporting Mechanism Determined To Be Not
Applicable After Review of Regional Files.

                                         Federal Agency Hazardous Waste Compliance Docket Update #40--Additions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Reporting
        Facility name               Address            City            State       Zip code          Agency             mechanism      Code      Date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Central Arkansas Veterans      4300 West 7th     Little Rock....  AR.............     72205  VA....................  RCRA 3010......     17  Update #40.
 Healthcare System.             Street.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                         Federal Agency Hazardous Waste Compliance Docket Update #40--Deletions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Reporting
        Facility name               Address            City            State       Zip code          Agency             mechanism      Code      Date
--------------------------------------------------------------------------------------------------------------------------------------------------------
BWXT Conversion Services, LLC  Hobbs Road......  Kevil..........  KY.............     42053  Energy................  RCRA 3010......      6     9/1/2016
USDOI BLM Red Elephant Mill    Croy Road, 7 MI   Hailey.........  ID.............     83333  Interior..............  Other..........      2   10/13/2010
 Site.                          SW of Hailey
                                T2N R17E SEC 28
                                SE1/4 SE1/4,
                                Boise Meridian.
NPS-Wrangell St. Elias NP&P:   7N R13E S21.....  Glennallen.....  AK.............     99588  Interior..............  CERCLA 103.....      8  ...........
 Nabesna Mine.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                        Federal Agency Hazardous Waste Compliance Docket Update #40--Corrections
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Reporting
        Facility name               Address            City            State       Zip code          Agency             mechanism      Code      Date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Water & Power Resources......  Denver Federal    Denver.........  State..........  Zip code  Interior..............  CERCLA 103.....     22    6/11/1995
                                Center, Bldg.
                                56.
Denver Federal Center 56.....  Denver Federal    Lakewood.......  CO.............     80215  General Services        CERCLA 103.....  .....    6/11/1995
                                Center, Bldg.                                                 Administration.
                                56.
Library of Congress Packard    Mount Pony Road.  Culpeper.......  VA.............     22701  Architect of the        RCRA 3010......     21   10/29/2020
 Campus Audio Visual                                                                          Capitol.
 Conversion Center.

Library of Congress Packard    Mount Pony Road.  Culpeper.......  VA.............     22701  Library of Congress...  RCRA 3010......  .....   10/29/2020
 Campus Audio Visual
 Conversion Center.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Gregory Gervais,
Director, Federal Facilities Restoration and Reuse Office, Office of
Land and Emergency Management.
[FR Doc. 2021-23357 Filed 10-26-21; 8:45 am]
BILLING CODE 6560-50-P


Final October 22, 2003 Page 1 of 2 Minutes Registration Review Workgroup Pesticide Program Dialogue Committee September 24 Teleconference Participants EPA: Jay Ellenberger, Richard Dumas, Michael Nieves, and Teresa Downs, and Vivian Prunier Workgroup Members: Carolyn Brickey, Sue Crescenzi, Larry Elworth, Wally Ewart, Ted Head, Therese Murtagh, Steve Rutz, Troy Seidel, Julie Spagnoli, Roberta Spitko, Janine Rynczak ( substituting for Warren Stickle), Ray McAllister, and Aaron Colangelo ( substituting for Erik Olson)

Public attendees: ? Myer ( substituting for Adrian Blansky ( sp?)), Beth Carroll ( Syngenta)

Minutes of August 11 Teleconference. The draft minutes were amended to add Roberta Spitko to the list of participants.

Registration Review Process Flow Chart. Workgroup members discussed a flowchart prepared by Cindy Baker and distributed to workgroup members. Questions raised by workgroup members included: 1) what action initiates the process? 2) when do stakeholders provide use and usage information? and 3) the " yes" arrow is missing from the " is the revised assessment acceptable?" decision box   where should this arrow go?

The participants agreed that the Agency should receive use and usage information from stakeholders at the start of the process. However, stakeholders, particularly USDA, needed lead time to assemble and prepare this information. Therese Murtagh, Larry Elworth, Ray McAllister, and Roberta Spitko agreed to draft a strategy for gathering and submitting stakeholder data at the beginning of the registration review process. This strategy would consider when schedules should be announced and how much lead time should be provided.

Stakeholder Involvement. The participants agreed that all stakeholders   including public interest groups   should have the opportunity to submit information at the beginning of the registration review process. Stakeholders should be able to comment on an Agency decision whether an existing risk assessment is still current and on proposed risk mitigation measures. The participants suggested adopting a public participation process similar to the one used currently in the reregistration and tolerance reassessment programs.

Managing the Registration Review of Inert Ingredients. The participants agreed that since a Final October 22, 2003 Page 2 of 2 pesticide's registration included inert as well as active ingredients, a consideration of the risk posed by inert ingredients must be included in the review of a pesticide's registration. At issue is how to design and manage this review. It was generally agreed that looking at inert ingredients on a product by product basis was inefficient. Several possible approaches were suggested, but none were discussed in depth. Jay asked the Workgroup to consider whether they wanted to consider recommending to the PPDC that the Agency develop a process for the review of inert ingredients during registration review and asked members to send their recommendations for an approach to inert ingredients to him and Betty and the other members of the Workgroup.

Presenting the Workgroup's Recommendations at the October 29 PPDC Meeting. Jay announced that the Workgroup's presentation on Registration Review was the first item on the agenda of the PPDC meeting on October 29 and 30 and that 1.5 hours was scheduled for it. Jim Jones and Anne Lindsay expect the Workgroup to select a panel of three or four people to present the workgroup's findings. The presentation should include: the Workgroup's charter and membership, the issues that the Workgroup identified and the recommendations on each, and any other issues that the Workgroup wants to present to the PPDC.

To prepare this presentation, Jay suggested a face to face meeting in mid October. Teleconferencing would be available for those unable to attend in person. October 16 had been the date originally selected for this meeting. After the September 24 teleconference, Jay and Betty learned that neither of them will be available on October 16. A new date and place for this meeting will be set.

A final meeting of the Workgroup is scheduled for October 28. It may be used to complete preparation of the Workgroup's panel presentation to the PPDC on October 29. A FR notice, in addition to e mail notification from Betty's or Jay's staff, will announce the dates and locations of the October Workgroup meetings which will be open to the public.


[Federal Register: December 29, 2009 (Volume 74, Number 248)]
[Notices]
[Page 68839-68840]
[DOCID:fr29de09-81]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of FERC Staff Attendance at Southwest Power Pool Regional
State Committee Meeting and Southwest Power Pool Board of Directors
Meeting

December 22, 2009.
    The Federal Energy Regulatory Commission hereby gives notice that
members of its staff may attend the meetings of the Southwest Power
Pool (SPP) Regional State Committee, and SPP Board of Directors, as
noted below. Their attendance is part of the Commission's ongoing
outreach efforts.

SPP Regional State Committee Meeting

January 25, 2010 (1 p.m.-5 p.m. CST), Sheraton New Orleans Hotel, 500
Canal Street, New Orleans, LA 70130,<PHONE_NUMBER>.

SPP Board of Directors Meeting

    January 26, 2010 (8 a.m.-3 p.m. CST), Sheraton New Orleans Hotel,
500 Canal Street, New Orleans, LA 70130,<PHONE_NUMBER>.

    The discussions may address matters at issue in the following
proceedings:

Docket No. EL09-40, Southwest Power Pool, Inc.
Docket No. ER06-451, Southwest Power Pool, Inc.
Docket No. ER08-923, Xcel Energy Services, Inc.
Docket No. ER08-1307, Southwest Power Pool, Inc.
Docket No. ER08-1308, Southwest Power Pool, Inc.
Docket No. ER08-1357, Southwest Power Pool, Inc.
Docket No. ER08-1358, Southwest Power Pool, Inc.
Docket No. ER08-1359, Southwest Power Pool, Inc.
Docket No. ER08-1419, Southwest Power Pool, Inc.
Docket No. ER09-35, Tallgrass Transmission LLC.
Docket No. ER09-36, Prairie Wind Transmission LLC.
Docket No. ER09-1397, Southwest Power Pool, Inc.

Docket No. ER09-1562, Southwest Power Pool, Inc.
Docket No. ER09-659, Southwest Power Pool, Inc.
Docket No. ER09-1050, Southwest Power Pool, Inc.
Docket No. ER09-1254, Southwest Power Pool, Inc.
Docket No. ER09-1255, Southwest Power Pool, Inc.
Docket No. ER09-1397, Southwest Power Pool, Inc.
Docket No. ER09-1716, Southwest Power Pool, Inc.
Docket No. ER09-1740, Southwest Power Pool, Inc.
Docket No. ER10-144, Southwest Power Pool, Inc.
Docket No. ER10-181, Southwest Power Pool, Inc.
Docket No. ER10-195, Southwest Power Pool, Inc.
Docket No. ER10-196, Southwest Power Pool, Inc.
Docket No. ER10-197, Southwest Power Pool, Inc.
Docket No. ER10-215, Southwest Power Pool, Inc.
Docket No. ER10-242, Southwest Power Pool, Inc.
Docket No. ER10-261, Southwest Power Pool, Inc.
Docket No. ER10-267, Southwest Power Pool, Inc.
Docket No. ER10-273-000, Southwest Power Pool, Inc.
Docket No. ER10-329, Southwest Power Pool, Inc.
Docket No. ER10-330, Southwest Power Pool, Inc.
Docket No. ER10-331, Southwest Power Pool, Inc.
Docket No. ER10-333, Southwest Power Pool, Inc.
Docket No. ER10-334, Southwest Power Pool, Inc.
Docket No. ER10-335, Southwest Power Pool, Inc.
Docket No. ER10-336, Southwest Power Pool, Inc.
Docket No. ER10-337, Southwest Power Pool, Inc.
Docket No. ER10-338, Southwest Power Pool, Inc.
Docket No. ER10-339, Southwest Power Pool, Inc.
Docket No. ER10-341, Southwest Power Pool, Inc.
Docket No. ER10-353, Southwest Power Pool, Inc.
Docket No. ER10-368, Southwest Power Pool, Inc.
Docket No. ER10-370, Southwest Power Pool, Inc.
Docket No. ER10-376, Southwest Power Pool, Inc.
Docket No. ER10-380, Southwest Power Pool, Inc.
Docket No. ER10-368, Southwest Power Pool, Inc.
Docket No. ER09-342, Southwest Power Pool, Inc.
Docket No. ER10-352, Southwest Power Pool, Inc.
Docket No. ER10-364, Southwest Power Pool, Inc.
Docket No. ER10-365, Southwest Power Pool, Inc.
Docket No. OA08-5, Southwest Power Pool, Inc.
Docket No. OA08-60, Southwest Power Pool, Inc.
Docket No. OA08-61, Southwest Power Pool, Inc.
Docket No. OA08-104, Southwest Power Pool, Inc.

    These meetings are open to the public.
    For more information, contact Patrick Clarey, Office of Energy
Market Regulation, Federal Energy Regulatory Commission at (317) 249-
5937 or<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. E9-30817 Filed 12-28-09; 8:45 am]

BILLING CODE 6717-01-P