[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)]
[Rules and Regulations]
[Pages 43944-43949]
[FR Doc No: 2015-17919]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 2 and 157

[Docket No. RM12-11-003; Order No. 790-B]

Revisions to Auxiliary Installations, Replacement Facilities, and
Siting and Maintenance Regulations

AGENCY: Federal Energy Regulatory Commission.

ACTION: Final rule, order on clarification.

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

SUMMARY: The Federal Energy Regulatory Commission (Commission) is
amending its regulations to: Provide pre-granted authority under a new
paragraph to abandon or replace auxiliary facilities, subject to
certain conditions; permit auxiliary facilities that cannot meet the
conditions for the pre-granted abandonment authority in the new
paragraph to be abandoned under the blanket certificate regulations,
subject to those regulations' requirements; and permit replacement
facilities constructed under the regulations to be abandoned under the
blanket certificate regulations, subject to those regulations'
requirements.

DATES: This rule will become effective October 7, 2015.

FOR FURTHER INFORMATION CONTACT:

Katherine Liberty, Office of the General Counsel, Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426,
(202) 502-6491<EMAIL_ADDRESS>
Gordon Wagner, Office of the General Counsel, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
Howard Wheeler, Office of Energy Projects, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
Shannon Jones, Office of Energy Projects, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

ORDER NO. 790-B

Table of Contents

                                                              Paragraph
                                                                 Nos.

I. Discussion..............................................            4
    A. Section 2.55(a) Auxiliary Facilities................            9
    B. Section 2.55(b) Replacements........................           14
II. Information Collection Statement.......................           18
III. Environmental Analysis................................           23
IV. Regulatory Flexibility Act.............................           24
V. Document Availability...................................           26
VI. Effective Date and Congressional Notification..........           29

Order No. 790-B

Final Rule

Order on Rehearing and Clarification

    1. On November 20, 2014, the Federal Energy Regulatory Commission
(Commission) issued Order No. 790-A,\1\ which affirmed, inter alia, the
Commission's clarification in Order No. 790 \2\ that auxiliary
facilities installed under section 2.55(a) of the Commission's
regulations \3\ may only utilize rights-of-way, facility sites, and
work spaces authorized for the construction and operation of interstate
transmission facilities.
---------------------------------------------------------------------------

    \1\ Revisions to Auxiliary Installations, Replacement
Facilities, and Siting and Maintenance Regulations, Order No. 790-A,
79 FR 70056 (Nov. 25, 2014), FERC Stats. & Regs. ] 31,361 (2014)
(cross-referenced at 149 FERC ] 61,144 (2014)).
    \2\ Order No. 790, 78 FR 72794-801 (Dec. 4, 2013), FERC Stats. &
Regs. ] 31,351 (2013) (cross-referenced at 145 FERC ] 61,154
(2013)).
    \3\ 18 CFR 2.55 (2014).
---------------------------------------------------------------------------

    2. On December 22, 2014, National Fuel Gas Supply Corporation and
Empire Pipeline, Inc. (collectively, National Fuel) filed a request
that the Commission revise its part 157, subpart F, blanket certificate
regulations to provide a mechanism under those regulations for the
abandonment of auxiliary facilities that were constructed under section
2.55(a) and replacement facilities that were constructed under section
2.55(b). National Fuel also requests clarification that in addition to
authorizing new auxiliary installations, section 2.55(a) also
authorizes the replacement of existing auxiliary facilities without the
need for abandonment authority under section 7(b) of the Natural Gas
Act (NGA).
    3. As discussed below, this order responds to National Fuel's
requests by (1) adopting a new subsection 2.55(a)(3) to provide pre-
granted authority to abandon or replace auxiliary facilities, subject
to certain conditions; (2) amending part 157 to provide authority,
subject to the blanket certificate regulations' conditions, to abandon
section 2.55(a) auxiliary facilities that cannot meet the conditions
for the pre-granted abandonment authority being added to section
2.55(a) and to abandon section 2.55(b) replacement facilities.

I. Discussion

    4. In Order No. 790-A, the Commission explained that section 2.55
facilities are installed under the certificate authority that
authorized the interstate transmission pipeline facilities being
augmented or replaced. The Commission further explained that because
section 2.55 auxiliary and replacement facilities are certificated
facilities, a company needs prior authorization under NGA section 7(b)
to abandon such facilities. The Commission stated that in many
instances companies should be able to rely on their part 157, subpart
F, blanket certificate authority to abandon section 2.55 facilities. In
view of this statement, National Fuel believes it is the Commission's
intent that companies be able to rely on their part 157 blanket
certificate authority to abandon facilities installed under section
2.55.
    5. National Fuel points out, however, that section 157.202(b)(3) of
the blanket certificate regulations states that a ``facility'' for
purposes of the blanket program does not include a facility ``described
under section 2.55,'' and that section 157.216 states that blanket
certificate abandonment authority is limited to facilities that ``did
or could

now qualify'' for construction authorization under the blanket
provisions. National Fuel therefore requests that the Commission revise
its blanket certificate regulations to ensure that companies will be
able to rely on part 157 blanket certificate authority to abandon
section 2.55 auxiliary and replacement facilities. National Fuel
stresses that without clear blanket certificate authority to abandon
section 2.55 facilities that did or could now qualify for construction
authorization under the blanket provisions, companies will be subject
to the burden of having to file an NGA section 7(b) application for
abandonment authorization for each individual facility.
    6. In view of the Commission's statement in Order No. 790-A that
NGA section 7(b) authority is required for the abandonment of section
2.55 facilities, National Fuel also seeks clarification on whether
section 7(b) abandonment authority is needed to retire an auxiliary
facility that is being replaced.
    7. The Commission affirms its statement in Order No. 790-A that NGA
section 7(b) authority is required for the abandonment of section 2.55
facilities, which includes the retirement of section 2.55 facilities
that will be replaced. However, for the reasons discussed below, the
Commission believes section 2.55(a) can be amended to include pre-
granted authority to abandon section 2.55 facilities in certain
situations and agrees that the blanket certificate regulations should
be amended so that companies can rely on their blanket certificate
authority to abandon auxiliary and replacement facilities that were or
could have been constructed under section 2.55, provided the
abandonment facilities meet the blanket program criteria.
    8. Therefore, the Commission will amend: (1) Section 2.55(a) to
provide pre-granted authorization to retire auxiliary facilities that
are being replaced or permanently abandon the auxiliary facilities if
there will be no need to go outside an authorized right-of-way,
facility site, or work space,\4\ and (2) part 157, subpart F, to permit
the use of blanket certificate authority, subject to the blanket
program's conditions, to abandon section 2.55(a) auxiliary facilities
if a company is unable to exercise the new pre-granted abandonment
authority in section 2.55(a)(3) and to abandon section 2.55(b)
replacement facilities.\5\ In view of the revisions and additions to
section 2.55 since its original provisions were proposed in 1948,\6\
the Commission also is changing the current heading for section 2.55,
``Definition of terms used in section 7(c).'' The revised heading for
section 2.55 will read ``Auxiliary installations and replacement
facilities.''
---------------------------------------------------------------------------

    \4\ As the Commission has previously explained in this
rulemaking proceeding, the certificate authority for section 2.55
auxiliary and replacement facilities is a type of blanket
certificate that was both a precursor of and a complement to part
157, subpart F, blanket certificate authority. Order No. 790, FERC
Stats. & Regs. ] 31,351 at P 16; Order No. 790-A, ] 31,361 at P 13.
However, unlike activities under section 2.55, which must comply
with previously established environmental conditions, activities
under part 157 that will involve ground disturbance or change
operational air or noise emissions are subject to a project-specific
environmental review in order to comply with the conditions in
section 157.206(b). Because of this safeguard, blanket projects are
permitted to use new rights-of-way and other previously undisturbed
areas. In addition, environmental assessment reports are prepared
for companies' larger-scale blanket projects to confirm that section
157.206(b)'s standard conditions will be adequate to ensure that the
blanket project will have no significant adverse environmental
impacts.
    \5\ As discussed herein, section 2.55 facilities are
jurisdictional, and therefore cannot be abandoned without prior
authorization under NGA section 7(b). While the certificate
authorization for the transmission facilities being augmented or
replaced by section 2.55 facilities is the predicate for the
certificate authority to construct section 2.55 facilities, the
underlying certificate authorization does not include pre-granted
abandonment authority. Note that although a company cannot abandon a
newer facility which replaces an older facility without first
securing authorization to do so, section 2.55(b) operates to provide
pre-granted authority for the older facility. This final rule's
regulatory changes are prospective only, and therefore do not
operate to retroactively authorize any previous abandonments of
section 2.55 facilities. However, consistent with the Commission's
prior assurances in this proceeding regarding instances where
companies may have mistakenly relied on section 2.55 to install
auxiliary facilities that utilized new rights-of-way or other areas
that had not been subject to the Commission's prior environmental
review and approval, the Commission similarly does not intend to
look back to pursue enforcement action with respect to earlier
abandonments of auxiliary facilities unless it comes to the
Commission's attention that remedial environmental measures need to
be taken. See Order No. 790-A at P 42.
    \6\ Filing of Applications for Certificates of Public
Convenience and Necessity, Notice of Proposed Rulemaking, NOPR, 13
FR 6253, at 6254 (October 23, 1948).
---------------------------------------------------------------------------

A. Section 2.55(a) Auxiliary Facilities

    9. Auxiliary installations under section 2.55(a) are limited to
facilities that will serve ``only for the purpose of obtaining more
efficient operation or more economical operation of the authorized or
proposed transmission facilities'' (emphasis added).\7\ Further, to add
an auxiliary facility to a transmission pipeline system, a company
cannot rely on section 2.55(a) unless its activities are confined to
the permanent right-of-way, facility site, and temporary work space
surveyed and authorized by the Commission in its environmental review
of the transmission system.\8\ In addition, because section 2.55
facilities are constructed and operated under the certificate
authorization for the transmission facilities being augmented or
replaced, section 2.55 activities must not result in a violation of any
environmental conditions applicable to the certificate authorizing the
transmission facilities. Therefore, to install auxiliary facilities
under section 2.55(a), a company must:
---------------------------------------------------------------------------

    \7\ As examples of auxiliary facilities that serve only to make
pipeline operation more efficient or economical, section 2.55(a)
lists ``[v]alves; drips; pig launchers/receivers; yard and station
piping; cathodic protection equipment; gas cleaning, cooling and
dehydration equipment; residual refining equipment; water pumping,
treatment and cooling equipment; electrical and communication
equipment; and buildings.''
    \8\ The Commission acknowledged in Order No. 790 that it was not
aware of any section 2.55(a) auxiliary installation activities
outside authorized areas that approached the scale of certain
section 2.55(b) replacement activities that had taken place outside
authorized areas. However, as the Commission explained, section
2.55(a) auxiliary installations also must be restricted to
previously authorized areas because ``the issues raised for sections
2.55(a) and (b) activities are the same.'' Order No. 790, FERC
Stats. & Regs. ] 31,351 at P 20 (footnotes omitted).

    conform to the conditions of the certificate authorizing
construction of the transmission facilities (e.g., all required
mitigation measures, such as erosion control or revegetation
protocols, that applied to the case-specific certificate or Part 157
blanket certificate authority under which the transmission
facilities were constructed).\9\
---------------------------------------------------------------------------

    \9\ Order No. 790, FERC Stats. & ] 31,351 at P 33.

    10. The Commission believes these limitations will be sufficient to
obviate the need for further environmental review if section 2.55(a) is
amended to include pre-granted authority for companies to abandon, or
to retire and replace, auxiliary facilities ``as described in section
2.55(a),'' regardless of whether the facilities to be abandoned or
replaced were installed under section 2.55. Therefore, the Commission
will add a new paragraph to section 2.55(a)(3) to provide pre-granted
authority to abandon or replace auxiliary facilities if the auxiliary
facilities were or could have been installed under section 2.55(a) \10\
and all activities are confined to areas previously reviewed and
approved by the Commission in conjunction with its authorization of the
augmented transmission facilities.
---------------------------------------------------------------------------

    \10\ Note that auxiliary facilities installed under case-
specific or blanket certificate authority can also qualify for the
pre-granted authority under section 2.55(a)(3) if such facilities
comply with the section 2.55 spatial constraints.
---------------------------------------------------------------------------

    11. Auxiliary facilities, by definition, serve exclusively to
enhance the efficiency or economy of the operation of a transmission
system; thus, the

abandonment or replacement of auxiliary facilities should not result in
a reduction or abandonment of service supplied by that system.\11\
Nevertheless, the abandonment or replacement of auxiliary facilities
under new section 2.55(a)(3) will be authorized only if there will be
no adverse impact on customers' certificated services.\12\
---------------------------------------------------------------------------

    \11\ Because section 2.55(b) provides authority to abandon the
existing facilities being replaced under that subsection, section
2.55(b)(1)(i) provides that a replacement project is authorized only
if the abandonment of the existing facilities ``will not result in a
reduction or abandonment of service.''
    \12\ The pre-granted abandonment authority provided by new
subsection 2.55(a)(3) will satisfy the requirement set forth in NGA
section 7(b) that ``no natural-gas company shall abandon all or any
portion of its facilities subject to the jurisdiction of the
Commission, or any service rendered by means of such facilities,
without the permission and approval of the Commission first had and
obtained.''
---------------------------------------------------------------------------

    12. Further, like the section 2.55(a) authority to install
auxiliary facilities, the new section 2.55(a)(3) pre-granted authority
will be available only if a company's abandonment or replacement
activities will not result in a violation of the conditions on the
certificate authorizing the augmented transmission facilities, in
particular, the environmental mitigation conditions. For example, if
the auxiliary facilities a company plans to abandon or replace are
cathodic protection equipment located in a pipeline right-of-way, the
case-specific or part 157 blanket certificate authorization for
construction of the pipeline generally would have been conditioned on
the company's compliance with an Upland Erosion Control, Revegetation,
and Maintenance Plan \13\ and Wetland and Waterbody Construction and
Mitigation Procedures.\14\ Just as the company would have been required
to ensure compliance with these environmental certificate conditions to
install the cathodic equipment under section 2.55(a), the company will
need to similarly ensure that any exercise of the new section
2.55(a)(3) authority to abandon or replace the cathodic protection
equipment will also comply with these environmental certificate
conditions.\15\
---------------------------------------------------------------------------

    \13\ See http://www.ferc.gov/industries/gas/enviro/plan.pdf.
    \14\ See http://www.ferc.gov/industries/gas/enviro/procedures.pdf.
    \15\ A company should seek guidance from staff if it is
uncertain whether or how an environmental mitigation condition on
the construction and operation of transmission facilities at a given
location will apply to its abandonment of auxiliary facilities.
---------------------------------------------------------------------------

B. Section 2.55(b) Replacements

    13. Replacements under section 2.55(b), like auxiliary facility
activities under section 2.55(a), are restricted to areas previously
subject to the Commission's environmental review and approval.\16\
Also, replacements under section 2.55(b), like auxiliary facility
activities under section 2.55(a), must conform to the conditions on the
case-specific or part 157 blanket certificate authorization of the
affected transmission facilities.
---------------------------------------------------------------------------

    \16\ As the Commission explained in Order No. 790, FERC Stats. &
Regs. ] 31,351 at P 15, ``[i]n the case of section 2.55(b)
replacement facilities, an environmental review was performed prior
to construction of the existing facilities to be replaced.''
---------------------------------------------------------------------------

    14. As discussed earlier in this proceeding, replacement projects
under section 2.55(b) can be much larger in scale than auxiliary
installations under section 2.55(a).\17\ Further, section 2.55(b) can
be used without prior notice to the Commission and shippers for
replacing facilities upon which existing services are dependent,\18\
necessitating section 2.55(b)(1)(i)'s condition limiting replacement
projects to situations where companies can ensure that the abandonment
of existing facilities will not result in a reduction or cessation of
service. In view of these considerations, even though activities under
section 2.55 are restricted to areas subject to the Commission's prior
environmental review and approval, the Commission cannot find, as it
has above for section 2.55(a) auxiliary facilities, that it would be
consistent with the public interest to provide pre-granted authority to
abandon section 2.55(b) replacement facilities. However, abandonment
authority for section 2.55(b) replacements can be provided under
section 157.216 of the part 157 blanket certificate regulations, since
blanket abandonments provide for environmental review.\19\ In addition,
the blanket provisions afford an opportunity for public input under the
prior notice provisions applicable to larger abandonment projects and
also require that a company be able to demonstrate the facility it is
planning to abandon (be it original or a replacement) is no longer
needed to meet its service obligations.\20\
---------------------------------------------------------------------------

    \17\ Id. at P 39. The Commission has explained the original
intent for section 2.55(b) as follows:
    The types of construction activities being conducted under
section 2.55 are replacements that should only involve basic
maintenance or repair to relatively minor facilities where the
Commission has determined that no significant impact to the
environment will occur. The Commission believes that the existing
right-of-way that was used to construct the original facilities
should be sufficient for these types of activities. Pipelines may
use their blanket certificate authority to perform projects
involving more extensive work that would need additional workspace,
including the use of other unrelated rights-of-way. This would allow
for the required additional environmental scrutiny. Therefore, those
projects should be done under the pipeline's blanket certificate.
    Id. at P 7, citing Order No. 603-A, FERC Stats. & Regs. ] 31,081
at 31,922 (1999).
    \18\ The only notice requirement applicable to replacements
under section 2.55(b) is the requirement that a company give the
Commission at least 30 days prior notice if the cost of a
replacement project will exceed the blanket certificate regulations'
current automatic cost limit. See section 2.55(b)(1)(iii) and (2).
There is no public notice requirement under section 2.55(a).
    \19\ In general, a facility is replaced as it approaches the end
of its useful life, a lifespan which may be measured in decades for
cathodically protected pipeline. Given this lifespan, by the time a
replaced facility reaches the end of its useful life, there may have
been changes in the use of land proximate to the replaced facility
that were not contemplated in the Commission's review of the initial
project proposal, and thus not accounted for in the certificate
conditions. Accordingly, the Commission finds it prudent to revisit
potential environmental impacts prior to the abandonment of certain
replaced facilities.
    \20\ Even when a company obtains written consent from all
customers whose services during the last year depended on the
facilities to be abandoned under section 157.216, the abandonment is
subject to the blanket certificate regulations' prior notice
provisions if the current cost of constructing the facilities to be
abandoned would exceed the blanket certificate regulations' current
automatic cost limit. 18 CFR 157.216(b)(2) (2014).
---------------------------------------------------------------------------

    15. National Fuel observes that section 157.202(b)(3) states that a
``facility,'' for the purposes of the blanket program, ``does not
include the items described'' in section 2.55, and section 157.216
states that the blanket abandonment authority described in that section
is limited to facilities that ``did or could now qualify'' for
construction under the blanket certificate regulations. Because these
sections operate to exclude the items described in section 2.55 from
eligibility for blanket certificate abandonment authorization, we will
revise the blanket certificate regulations to allow companies to use
the automatic and prior notice provisions of section 157.216 to abandon
(1) replacement facilities that were or could have been constructed
under section 2.55(b); and (2) auxiliary facilities that cannot be
abandoned under new subsection 2.55(a)(3)'s pre-granted authority
because their abandonment will require going out outside areas
previously reviewed and approved by the Commission in authorizing the
augmented transmission facilities.
    16. As a result of these revisions to the blanket certificate
regulations, a company will need to file an application for case-
specific authority to abandon section 2.55 facilities only when the
abandonment cannot qualify under the automatic or prior notice
provisions of section 157.216 because the current cost to construct the
facilities would exceed the blanket regulations' applicable cost
limits, or because the company cannot obtain necessary customer consent
as

required by section 157.216, or because the project cannot satisfy the
section 157.206(b)'s environmental requirements.\21\
---------------------------------------------------------------------------

    \21\ When a company relies on the automatic or prior notice
provisions of section 157.216 to abandon a section 2.55 auxiliary or
replacement facility, it will have to identify the abandonment in
accordance with section 157.216(d) in the annual report of blanket
certificate activities required by section 157.207. Section
157.216(d)(2) requires facilities abandoned under that section to be
identified in a company's annual report by the ``docket number(s) of
the certificate(s) authorizing the construction and operation of the
facilities to be abandoned.'' Since the Commission does not assign
docket numbers to facilities put in place under section 2.55,
companies' annual reports of blanket certificate activities should
identify the docket number(s) associated with the transmission
facilities that were augmented or replaced by the section 2.55
facilities abandoned under section 157.216. If section 2.55
facilities are abandoned under section 157.216's prior notice
provisions, the company's annual report should also include the
docket number that was assigned to its prior notice filing.
---------------------------------------------------------------------------

II. Information Collection Statement

    17. The Paperwork Reduction Act (PRA) \22\ requires each federal
agency to seek and obtain Office of Management and Budget (OMB)
approval before undertaking a collection of information directed to ten
or more persons or contained in a rule of general applicability.\23\
The OMB regulations implementing the PRA require approval of certain
information collection requirements imposed by agency rules.\24\ We
expect a net decrease in the reporting burden due to this rule's
amendment of section 2.55(a) to provide pre-granted authority for
companies to abandon or replace auxiliary facilities and amendment of
the part 157 regulations to extend blanket certificate authority to the
abandonment of certain section 2.55 auxiliary and replacement
facilities. Companies must identify facilities abandoned under section
157.216 in the annual report submitted pursuant to section 157.207.
While the expanded authority this rule provides under section 156.216
can be expected to increase the number of facilities abandoned under
that section, companies can be expected to account for these additional
facilities in the annual report with minimal, ministerial efforts.
Consequently, this rule will substantially reduce current burdens on
companies by eliminating the additional information that would
otherwise need to be submitted in an NGA section 7(b) case-specific
abandonment application.\25\
---------------------------------------------------------------------------

    \22\ 44 U.S.C. 3501-3520 (2012).
    \23\ OMB's regulations provide at 5 CFR 1320.3(c)(4)(i) (2014)
that ``[a]ny recordkeeping, reporting, or disclosure requirement
contained in a rule of general applicability is deemed to involve
ten or more persons.''
    \24\ 5 CFR part 1320 (2014).
    \25\ FERC-537 (Gas Pipeline Certificates: Construction,
Acquisition and Abandonment, OMB Control No. 1902-0060) covers both
the abandonment application requirements of part 157 and the annual
reports under 18 CFR 157.207. The expanded part 157 abandonment
authority, as well as the new section 2.55(a)(3) pre-granted
authority to abandon and replace auxiliary facilities, will be
covered under FERC-537.
---------------------------------------------------------------------------

    18. The Commission solicits comments from the public on the
Commission's need for this information, whether the information will
have practical utility, the accuracy of the burden estimates,
recommendations to enhance the quality, utility, and clarity of the
information to be collected, and any suggested methods for minimizing
respondents' burden, including the use of automated information
techniques. The burden estimates are for implementing the information
collection requirements of this Final Rule. The Commission asks that
any revised burden estimates submitted by commenters include the
details and assumptions used to generate the estimates.
    19. The collection of information modified by this Final Rule falls
under FERC-537 (Gas Pipeline Certificates: Construction, Acquisition,
and Abandonment). The following estimates of reporting burden are
related only to this Final Rule. Public Reporting Burden: The estimated
average annual burden changes made in Docket RM12-11-003 follow.
---------------------------------------------------------------------------

    \26\ The estimates for cost per response are derived using the
following formula: Average Burden Hours per Response x $72 per Hour
= Average Cost per Response. The cost per hour figure is the FERC
average salary plus benefits for Fiscal Year 2015. Subject matter
experts found that industry employment costs closely resemble FERC's
regarding the FERC-537 information collection.

                                             RM12-11-003 Final Rule
----------------------------------------------------------------------------------------------------------------
                                                               Number of     Average       Total
                                                  Number of    responses      burden       annual       Total
                                                 respondents      per       hours per      burden    annual cost
                                                               respondent    response      hours
                                                         (1)          (2)          (3)  (1)x(2)x(3)     ($) \26\
----------------------------------------------------------------------------------------------------------------
                                                    FERC-537
----------------------------------------------------------------------------------------------------------------
Pre-Granted Auxiliary Approval (18 CFR 2.55)...            3            1            5           15       $1,080
Additional Blanket Certificate Abandonment                 2            1           25           50        3,600
 Applications..................................
Eliminated Blanket Certificate Abandonment                -3            1           25          -75       -5,400
 Applications..................................
Eliminated Case-Specific Abandonment                      -2            1          160         -320      -23,040
 Applications..................................
Net Change due to RM12-11-003..................  ...........  ...........  ...........         -330      -23,760
----------------------------------------------------------------------------------------------------------------

    Title: FERC-537 (Gas Pipeline Certificates: Construction,
Acquisition and Abandonment)
    Action: Proposed revisions to information collection
    OMB Control No.: 1902-0060.
    Respondents: Business or other for-profit enterprise (Natural Gas
Companies).
    Frequency of Responses: Ongoing and annual.
    Necessity of Information and Internal Review: The Commission has
determined that the proposed revisions are necessary to establish more
efficient means to abandon auxiliary and replacement facilities. These
requirements conform to the Commission's plan for efficient information
collection, communication, and management within the natural gas
industry. The Commission has assured itself, by means of its internal
review, that there is specific, objective support for the burden
estimates associated with the abandonment requirements.
    20. Interested persons may obtain information on the reporting
requirements by contacting the following: Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426 [Attention:
Ellen Brown, Office of the Executive Director, email:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>, fax:<PHONE_NUMBER>].

    21. Comments concerning the collection of information and the
associated burden estimate should be sent to the Commission and to the
Office of Management and Budget, Office of Information and Regulatory
Affairs, Washington, DC 20503 [Attention: Desk Officer for the Federal
Energy Regulatory Commission, telephone:<PHONE_NUMBER>, fax: (202)
395-4718]. For security reasons, comments to OMB should be submitted by
email to<EMAIL_ADDRESS>Comments submitted to OMB should
include OMB Control Number 1902-0060 (FERC-537).

III. Environmental Analysis

    22. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment. The
Commission has categorically excluded certain actions from these
requirements as not having a significant effect on the human
environment. Generally, the regulatory actions taken in this rulemaking
proceeding fall within the categorical exclusions in the Commission's
regulations for actions that are clarifying, corrective, or procedural,
and for information gathering, analysis, and dissemination. Although
this rule alters the procedures by which companies may obtain
abandonment authorization for certain types of facilities, it will not
result in any additional abandonment activities and therefore will not
have a significant adverse effect on the human environment.
Accordingly, an environmental review is not necessary and has not been
prepared in connection with this rulemaking.

IV. Regulatory Flexibility Act

    23. The Regulatory Flexibility Act of 1980 (RFA) generally requires
a description and analysis of agency rules that will have a significant
economic impact on a substantial number of small entities. The RFA
mandates consideration of regulatory alternatives that accomplish the
stated objectives of a proposed rule and that minimize any significant
economic impact on a substantial number of small entities. The SBA
Office of Size Standards develops the numerical definition of a small
business. The SBA has established a size standard for companies
transporting natural gas, stating that a firm is small if its annual
receipts (and the receipts of its affiliates) are less than or equal to
$27.5 million.\27\
---------------------------------------------------------------------------

    \27\ See 13 CFR 121.201 for Subsector 486, NAICS code 486210
(Pipeline Transportation of Natural Gas).
---------------------------------------------------------------------------

    24. The final rule provides less burdensome and less costly options
for specified natural gas companies, the majority of which are not
small businesses. The reporting requirements, which provide pre-granted
abandonment authority under certain conditions and clarify the
regulations, will reduce the burden and cost on those companies (large
or small). The Commission estimates that an average of five projects
per year will benefit from the less burdensome, streamlined
requirements. Three of those five projects are expected to save $1,440
each, by using the new pre-granted approval in 18 CFR 2.55 (rather than
the more burdensome blanket certificate abandonment application). In
addition, two of those five filers are expected to save $9,720 each, by
using the additional blanket certificate applications (rather than the
case-specific abandonment applications). Accordingly, the Commission
certifies that this Final Rule should not have a significant economic
impact on a substantial number of small entities.

V. Document Availability

    25. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through FERC's Home Page (http://www.ferc.gov) and in FERC's
Public Reference Room during normal business hours (8:30 a.m. to 5:00
p.m. Eastern time) at 888 First Street NE., Room 2A, Washington, DC
20426.
    26. From FERC's Home Page on the Internet, this information is
available on eLibrary. The full text of this document is available on
eLibrary in PDF and Microsoft Word format for viewing, printing, and/or
downloading. To access this document in eLibrary, type the docket
number excluding the last three digits of this document in the docket
number field.
    27. User assistance is available for eLibrary and the FERC's Web
site during normal business hours from FERC Online Support at (202)
502-6652 (toll free at 1-866-208-3676) or email at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
<EMAIL_ADDRESS>
VI. Effective Date and Congressional Notification

    28. These regulations are effective October 7, 2015. The Commission
has determined, with the concurrence of the Administrator of the Office
of Information and Regulatory Affairs of OMB, that this rule is not a
``major rule'' as defined in section 351 of the Small Business
Regulatory Enforcement Fairness Act of 1996. This final rule is being
submitted to the Senate, House of Representatives, Government
Accountability Office, and Small Business Administration.

List of Subjects

18 CFR Part 2

    Administrative practice and procedure, Reporting and recordkeeping
requirements.

18 CFR Part 157

    Administrative practice and procedure, Natural gas, Reporting and
recordkeeping requirements.

    By the Commission.

    Issued: July 16, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
    In consideration of the foregoing, the Commission amends parts 2
and 157, chapter I, title 18, Code of Federal Regulations, as follows:

PART 2--GENERAL POLICY AND INTERPRETATIONS

0
1. The authority citation for part 2 continues to read as follows:

    Authority:  5 U.S.C. 601; 15 U.S.C. 717-717z, 3301-3432; 16
U.S.C. 792-828c, 2601-2645, 42 U.S.C. 4321-4370h, 7101-7352.

0
2. Amend Sec.  2.55 by revising the section heading and adding
paragraph (a)(3) to read as follows:

Sec.  2.55  Auxiliary installations and replacement facilities.

* * * * *
    (a) * * *
    (3) Abandonment or replacement of auxiliary installations.
Authorization to abandon or replace auxiliary facilities that were or
could be installed under paragraph (a)(1) of this section is pre-
granted under section 7(b) of the Natural Gas Act, and no reporting is
required, provided that:
    (i) All activities will be confined to areas, including temporary
work space, previously authorized by the Commission for the
construction and operation of facilities at that location;
    (ii) All activities will comply with applicable conditions on
certificate authorizations for the construction and

operation of facilities at that location; and
    (iii) The abandonment or replacement will have no adverse impact on
customers' certificated services.
* * * * *

PART 157--APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND
NECESSITY AND FOR ORDERS PREMITTING AND APPROVING ABANDONMENT UNDER
SECTION 7 OF THE NATURAL GAS ACT

0
3. The authority citation for part 157 continues to read as follows:

    Authority:  15 U.S.C. 717-717z.

0
4. Amend Sec.  157.202 by adding a sentence at the end of paragraph
(b)(2)(i) and revising paragraph (b)(3) to read as follows:

Sec.  157.202  Definitions.

* * * * *
    (b) * * *
    (2)(i) * * * Finally, for purposes of abandonment under Sec.
157.216, eligible facilities include auxiliary installations that do
not qualify for pre-granted abandonment authority under Sec.
2.55(a)(3) and replacement facilities constructed under Sec.  2.55(b).
* * * * *
    (3) Facility, for purposes of construction under this subpart, does
not include an auxiliary facility that qualifies for construction under
Sec.  2.55(a) of this chapter or a replacement facility that qualifies
for construction under Sec.  2.55(b).
* * * * *

0
5. Amend Sec.  157.216 by revising paragraphs (a)(2) and (b)(2) to read
as follows:

Sec.  157.216  Abandonment.

    (a) * * *
    (2)(i) An auxiliary facility as described in Sec.  2.55(a) of this
chapter when the abandonment:
    (A) Will not exceed the cost limit in Sec.  157.208(d) for
activities under the automatic provisions;
    (B) Will have no adverse impact on customers' certificated
services; and
    (C) Cannot satisfy the right-of-way, facility site, and work space
limitations for the pre-granted abandonment authority in Sec.
2.55(a)(3);
    (ii) A replacement facility that was or could have been constructed
under Sec.  2.55(b) of this chapter, provided the current cost to
construct the facilities would not exceed the cost limit in Sec.
157.208(d) for activities under the automatic provisions and the
certificate holder obtains the written consent of each customer served
using the facility during the past 12 months;
    (iii) Any other facility that did or could now qualify for
automatic authorization as described in Sec.  157.203(b), provided the
certificate holder obtains the written consent of each customer served
using the facility during the past 12 months.
    (b) * * *
    (2)(i) An auxiliary facility as described in Sec.  2.55(a) of this
chapter when the abandonment:
    (A) Will exceed the cost limit in Sec.  157.208(d) for activities
under the prior notice provisions;
    (B) Will have no adverse impact on customers' certificated
services; and
    (C) Cannot satisfy the right-of-way, facility site, and work space
limitations for the pre-granted abandonment authority in Sec.
2.55(a)(3).
    (ii) A replacement facility that was or could have been constructed
under Sec.  2.55(b) of this chapter, provided the current cost to
construct the facilities would not exceed the cost limit in Sec.
157.208(d) for activities under the prior notice provisions and the
certificate holder obtains the written consent of each customer served
using the facility during the past 12 months;
    (iii) Any other facility that did or could now qualify for prior
notice authorization as described in Sec.  157.203(c), provided the
certificate holder obtains the written consent of each customer served
using the facility during the past 12 months.
* * * * *
[FR Doc. 2015-17919 Filed 7-23-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 148 (Friday, August 1, 2014)]
[Notices]
[Pages 44824-44825]
[FR Doc No: 2014-18099]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2014-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final Notice.

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

SUMMARY: New or modified Base (1% annual-chance) Flood Elevations
(BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries
or zone designations, and/or regulatory floodways (hereinafter referred
to as flood hazard determinations) as shown on the indicated Letter of
Map Revision (LOMR) for each of the communities listed in the table
below are finalized. Each LOMR revises the Flood Insurance Rate Maps
(FIRMs), and in some cases the Flood Insurance Study (FIS) reports,
currently in effect for the listed communities. The flood hazard
determinations modified by each LOMR will be used to calculate flood
insurance premium rates for new buildings and their contents.

DATES: The effective date for each LOMR is indicated in the table
below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at www.msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and ninety (90) days have elapsed since that
publication. The Deputy Associate Administrator for Mitigation has
resolved any appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The new or modified flood hazard information is the basis for the
floodplain management measures that the community is required either to
adopt or to show evidence of being already in effect in order to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    This new or modified flood hazard information, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities.
    This new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP and also are used to
calculate the appropriate flood insurance premium rates for new
buildings, and for the contents in those buildings. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at www.msc.fema.gov.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Location and case    Chief executive officer       Community map                                        Community
         State and county                    No.                 of community              repository       Effective date of  modification      No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama:
    Baldwin (FEMA Docket No.: B-    City of Gulf Shores   The Honorable Robert       Community Development  June 16, 2014..................       015005
     1411).                          (13-04-7450P).        Craft, Mayor, City of      Department, 1905
                                                           Gulf Shores, P.O. Box      West 1st Street,
                                                           299, Gulf Shores, AL       Gulf Shores, AL
                                                           36547.                     36547.
    Houston (FEMA Docket No.: B-    City of Dothan (13-   The Honorable Mike         Engineering            June 20, 2014..................       010104
     1411).                          04-5057P).            Schmitz, Mayor, City of    Department, 126
                                                           Dothan, P.O. Box 2128,     North St. Andrews
                                                           Dothan, AL 36302.          Street, Dothan, AL
                                                                                36303.
Arizona:
    Maricopa (FEMA Docket No.: B-   City of Phoenix (13-  The Honorable Greg         Street Transportation  June 6, 2014...................       040051
     1417).                          09-1002P).            Stanton, Mayor, City of    Department, 200 West
                                                           Phoenix, 200 West          Washington Street,
                                                           Washington Street, 11th    5th Floor, Phoenix,
                                                           Floor, Phoenix, AZ 85003.  AZ 85003.
    Pima (FEMA Docket No.: B-1411)  Unincorporated areas  The Honorable Ramon        Pima County Flood      June 6, 2014...................       040073
                                     of Pima County, (13-  Valadez, Chairman, Pima    Control District, 97
                                     09-3190P).            County Board of            East Congress
                                                           Supervisors, 130 West      Street, 3rd Floor,
                                                           Congress Street, 11th      Tucson, AZ 85701.
                                                           Floor, Tucson, AZ 85701.
California:
    San Bernardino (FEMA Docket     City of Fontana, (14- The Honorable Acquanetta   Engineering            June 13, 2014..................       060274
     No.: B-1411).                   09-0709P).            Warren, Mayor, City of     Department, 8353
                                                           Fontana, 8353 Sierra       Sierra Avenue,
                                                           Avenue, Fontana, CA        Fontana, CA 92335.
                                                           92335.
    Sonoma (FEMA Docket No.: B-     City of Petaluma,     The Honorable David        Department of Public   June 20, 2014..................       060379
     1411).                          (14-09-1064P).        Glass, Mayor, City of      Works and Utilities,
                                                           Petaluma, 11 English       11 English Street,
                                                           Street, Petaluma, CA       Petaluma, CA 94952.
                                                           94952.
    Sutter (FEMA Docket No.: B-     City of Live Oak,     The Honorable Steve        Building Department,   June 13, 2014..................       060395
     1417).                          (14-09-0812P).        Alvarado, Mayor, City of   9955 Live Oak
                                                           Live Oak, 9955 Live Oak    Boulevard, Live Oak,
                                                           Boulevard, Live Oak, CA    CA 95953.
                                                           95953.
Florida:

    Bay (FEMA Docket No.: B-1411).  City of Panama City   The Honorable Gayle        Building Department,   June 20, 2014..................       120013
                                     Beach (13-            Oberst, Mayor, City of     110 South Arnold
                                     04[dash]6018P).       Panama City Beach, 110     Road, Panama City
                                                           South Arnold Road,         Beach, FL 32413.
                                                           Panama City Beach, FL
                                                           32413.
    Bay (FEMA Docket No.: B-1411).  City of Panama City   The Honorable Gayle        Building Department,   June 20, 2014..................       120013
                                     Beach (13-            Oberst, Mayor, City of     110 South Arnold
                                     04[dash]8211P).       Panama City Beach, 110     Road, Panama City
                                                           South Arnold Road,         Beach, FL 32413.
                                                           Panama City Beach, FL
                                                           32413.
    Bay (FEMA Docket No.: B-1411).  Unincorporated areas  The Honorable Guy M.       Bay County Planning    June 20, 2014..................       120004
                                     of Bay County (13-    Tunnell, Chairman, Bay     and Zoning
                                     09[dash]8211P).       County Board of            Department, 707
                                                           Commissioners, 808 West    Jenks Avenue, Suite
                                                           11th Street, Panama        B, Panama City, FL
                                                           City, FL 32401.            32401.
    Broward (FEMA Docket No.: B-    Town of Lauderdale-   The Honorable Roseann      Town Hall, 4501 Ocean  April 18, 2014.................       125123
     1407).                          By-The-Sea (13-04-    Minnet, Mayor, Town of     Drive, Lauderdale-By-
                                     6349P).               Lauderdale-By-The-Sea,     The-Sea, FL 33308.
                                                           4501 Ocean Drive,
                                                           Lauderdale-By-The-Sea,
                                                           FL 33308.
    Charlotte (FEMA Docket No.: B-  Unincorporated areas  The Honorable Ken          Charlotte County       May 30, 2014...................       120061
     1417).                          of Charlotte County   Doherty, Chairman,         Community
                                     (14-04-0645P).        Charlotte County Board     Development
                                                           of Commissioners, 18500    Department, 18500
                                                           Murdock Circle, Port       Murdock Circle, Port
                                                           Charlotte, FL 33948.       Charlotte, FL 33948.
    Escambia (FEMA Docket No.: B-   Pensacola Beach-      The Honorable Thomas A.    Development            June 2, 2014...................       125138
     1417).                          Santa Rosa Island     Campanella, Chairman,      Department, 1 Via De
                                     Authority (13-04-     Pensacola Beach-Santa      Luna, Pensacola
                                     6705P).               Rosa Island Authority      Beach, FL 32562.
                                                           Board of Commissioners,
                                                           P.O. Box 1208, Pensacola
                                                           Beach, FL 32562.
    Escambia (FEMA Docket No.: B-   Unincorporated areas  The Honorable Gene M.      Escambia County        June 16, 2014..................       120080
     1417).                          of Escambia County    Valentino, Chairman,       Development Services
                                     (13-04-7536P).        Escambia County Board of   Department, 3363
                                                           Commissioners, 221         West Park Place,
                                                           Palafox Place, Suite       Pensacola, FL 32505.
                                                           400, Pensacola, FL 32502.
    Pinellas (FEMA Docket No.: B-   City of Dunedin (13-  The Honorable Dave         Engineering            June 9, 2014...................       125103
     1417).                          04-7013P).            Eggers, Mayor, City of     Department, 542 Main
                                                           Dunedin, 542 Main          Street, Dunedin, FL
                                                           Street, Dunedin, FL        34698.
                                                           34698.
Georgia:
    Coweta (FEMA Docket No.: B-     City of Newnan (14-   The Honorable Keith        City Hall, 25          May 30, 2014...................       130062
     1417).                          04-1178P).            Brady, Mayor, City of      LaGrange Street,
                                                           Newnan, 25 LaGrange        Newnan, GA 30263.
                                                           Street, Newnan, GA 30263.
    Muscogee (FEMA Docket No.: B-   City of Columbus-     The Honorable Teresa       Department of          June 2, 2014...................       135158
     1417).                          Muscogee County       Tomlinson, Mayor, City     Engineering, 420
                                     (Consolidated         of Columbus-Muscogee       10th Street,
                                     Government), (12-04-  County (Consolidated       Columbus, GA 31901.
                                     2939P).               Government), 100 10th
                                                           Street, Columbus, GA
                                                           31901.
South Carolina: Lexington (FEMA     Unincorporated areas  The Honorable William B.   Lexington County       June 6, 2014...................       450129
 Docket No.: B-1417).                of Lexington County   Banning, Sr., Chairman,    Planning Department,
                                     (14-04-0721P).        Lexington County           County
                                                           Council, 2109 Beaver       Administration
                                                           Lane, West Columbia, SC    Building, 212 South
                                                           29169.                     Lake Drive,
                                                                                Lexington, SC 29072.
South Dakota:
    Minnehaha (FEMA Docket No.: B-  City of Hartford (13- The Honorable Paul         City Hall, 125 North   June 16, 2014..................       460180
     1411).                          08-1106P).            Zimmer, Mayor, City of     Main Avenue,
                                                           Hartford, P.O. Box 727,    Hartford, SD 57033.
                                                           Hartford, SD 57033.
    Minnehaha (FEMA Docket No.: B-  Unincorporated areas  The Honorable Cindy        Minnehaha County       June 16, 2014..................       460057
     1411).                          of Minnehaha County   Heiberger, Chair,          Planning Department,
                                     (13-08-1106P).        Minnehaha County Board     415 North Dakota
                                                           of Commissioners, 415      Avenue, Sioux Falls,
                                                           North Dakota Avenue,       SD 57104.
                                                           Sioux Falls, SD 57104.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    Dated: July 11, 2014.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2014-18099 Filed 7-31-14; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 76, Number 57 (Thursday, March 24, 2011)]
[Rules and Regulations]
[Page 16534]
[FR Doc No: 2011-6789]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 558

[Docket No. FDA-2010-N-0002]

New Animal Drugs for Use in Animal Feeds; Florfenicol; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Correcting amendments.

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

SUMMARY: The Food and Drug Administration (FDA) published a document in
the Federal Register of June 17, 2010 (75 FR 34361) revising the animal
drug regulations to reflect approval of a supplemental new animal drug
application (NADA). That document contained an incorrect table entry
describing the maximum florfenicol concentration in Type B medicated
swine feeds. This correction is being made to improve the accuracy of
the animal drug regulations.

DATES: This rule is effective March 24, 2011.

FOR FURTHER INFORMATION CONTACT: George K. Haibel, Center for
Veterinary Medicine (HFV-6), Food and Drug Administration, 7519
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Food and Drug Administration (FDA)
published a document in the Federal Register of June 17, 2010 (75 FR
34361) revising the animal drug regulations to reflect approval of a
supplemental new animal drug application (NADA). That document
contained an incorrect table entry describing the maximum florfenicol
concentration in Type B medicated swine feeds. This correction is being
made to improve the accuracy of the animal drug regulations.

List of Subjects in 21 CFR Part 558

    Animal drugs, Animal feeds.

    Accordingly, 21 CFR part 558 is corrected by making the following
correcting amendments:

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

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

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

Sec.  558.4  [Corrected]

0
2. In paragraph (d) of Sec.  558.4, in the ``Category II'' table, in
the ``Type B maximum (100x)'' column, in the entry for ``Florfenicol'',
remove ``Swine feed: n/a'', ``Catfish feed: n/a'', and ``Salmonid feed:
n/a'' and in their places add ``9.1 g/lb (2.0%)''.

    Dated: March 17, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-6789 Filed 3-23-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: November 29, 2006 (Volume 71, Number 229)]
[Notices]
[Page 69106]
[DOCID:fr29no06-36]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. RP07-73-000]

Trailblazer Pipeline Company; Notice of Penalty Revenue Report

November 21, 2006.
    Take notice that on November 17, 2006, pursuant to Section 40.10 of
its General Terms and Conditions Trailblazer Pipeline Company
(Trailblazer) tendered for filing a report informing the Commission of
penalty revenues it has received in the quarter ended September 30,
2006.
    Trailblazer states that it did not collect any penalty revenues for
the quarter July 1, 2006 through September 30, 2006. Trailblazer states
that it has no penalty revenue credits to report to the Commission
under the provision of the General Terms and Conditions of its tariff.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the date as indicated
below. Anyone filing an intervention or protest must serve a copy of
that document on the Applicant. Anyone filing an intervention or
protest on or before the intervention or protest date need not serve
motions to intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time November 29, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-20197 Filed 11-28-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Notices]
[Pages 18580-18583]
[FR Doc No: 2021-07274]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91479; File No. SR-CboeBZX-2021-023]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing of a Proposed Rule Change To Extend the Cutoff Time for
Accepting on Close Orders Entered for Participation in the Exchange's
Closing Auction and To Clarify Changes to the Definitions of Late-
Limit-On-Close and Late-Limit-On-Open Orders as Provided in Exchange
Rule 11.23

April 5, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 26, 2021, Cboe BZX Exchange, Inc. (``Exchange'' or ``BZX'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe BZX Exchange, Inc. (the ``Exchange'' or ``BZX'') proposes to
extend the cutoff time for accepting on close orders entered for
participation in the Exchange's Closing Auction and make clarifying
changes to the definitions of Late-Limit-On-Close (``LLOC'') and Late-
Limit-On-Open (``LLOO'') orders as provided in Exchange Rule 11.23. The
text of the proposed rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The purpose of the proposed rule change is to extend the cutoff
time for accepting on close orders entered for participation in the
Exchange's Closing Auction.\3\ Additionally, the Exchange proposes to
make clarifying changes to the definition of Late-Limit-On-Close
(``LLOC'') \4\ and Late-Limit-On-Open (``LLOO'') \5\ as provided in
Exchange Rules 11.23(a)(11) and (12), respectively.
---------------------------------------------------------------------------

    \3\ See Exchange Rule 11.23(c).
    \4\ The term ``Late-Limit-On-Close'' or ``LLOC'' shall mean a
BZX limit order that is designated for execution only in the Closing
Auction. To the extent a LLOC bid or offer received by the Exchange
has a limit price that is more aggressive than the NBB or NBO, the
price of such bid or offer is adjusted to be equal to the NBB or
NBO, respectively, at the time of receipt by the Exchange. Where the
NBB or NBO becomes more aggressive, the limit price of the LLOC bid
or offer will be adjusted to the more aggressive price, only to the
extent that the more aggressive price is not more aggressive than
the original User entered limit price. The limit price will never be
adjusted to a less aggressive price. If there is no NBB or NBO, the
LLOC bid or offer, respectively, will assume its entered limit
price. See Exchange Rule 11.23(a)(11).
    \5\ The term ``Late-Limit-On-Open'' or ``LLOO'' shall mean a BZX
limit order that is designated for execution only in the Opening
Auction. To the extent a LLOO bid or offer received by the Exchange
has a limit price that is more aggressive than the NBB or NBO, the
price of such bid or offer is adjusted to be equal to the NBB or
NBO, respectively, at the time of receipt by the Exchange. Where the
NBB or NBO becomes more aggressive, the limit price of the LLOO bid
or offer will be adjusted to the more aggressive price, only to the
extent that the more aggressive price is not more aggressive than
the original User entered limit price. The limit price will never be
adjusted to a less aggressive price. If there is no NBB or NBO, the
LLOO bid or offer, respectively, will assume its entered limit
price. Notwithstanding the foregoing, a LLOO order entered during
the Quote-Only Period of an IPO will be converted to a limit order
with a limit price equal to the original User entered limit price
and any LLOO orders not executed in their entirety during the IPO
Auction will be cancelled upon completion of the IPO Auction. See
Exchange Rule 11.23(a)(12).
---------------------------------------------------------------------------

    Currently, Users may submit Market-On-Close (``MOC'') \6\ and
Limit-On-Close (``LOC'') \7\ [sic] until 3:55 p.m. ET (``Closing
Auction Cutoff''), at which point any additional MOC and LOC

orders are rejected. Similarly, Users may submit LLOC orders between
the Closing Auction Cutoff (i.e., 3:55 p.m.) and 4:00 p.m. ET. Any LLOC
orders submitted before 3:55 p.m. or after 4:00 p.m. are rejected.
Further, Eligible Auction Orders designated for the Closing Auction may
not be cancelled between 3:55 p.m. and 4:00 p.m. The Exchange's Closing
Auction provides a transparent auction process that determines a single
price for the close. As the equities markets continue to evolve and
become more efficient and automated, the Exchange believes that the
current Closing Auction Cutoff is overly restrictive to market
participants that wish to participate in the Exchange's Closing Auction
and that typically have to tie up on close interest for five minutes or
more at the end of the trading day to participate in the Closing
Auction. Therefore, the Exchange proposes to modify Rule 11.23(c)(1)(A)
to provide that Users may submit LOC and MOC orders until 3:59 p.m., at
which point any additional LOC and MOC orders submitted will be
rejected. Additionally, that the Exchange proposes to modify Rule
11.23(c)(1)(A) to provide that Users may submit LLOC orders between
3:59 p.m. and 4:00 p.m. and any LLOC orders submitted before 3:59 p.m.
or after 4:00 p.m. will be rejected. The Exchange also proposes to
modify Rule 11.23(c)(1)(B) to provide that Eligible Auction Orders
designated for the Closing Auction may not be canceled between 3:59 and
4:00 p.m. The Exchange believes that this proposed change will enhance
the experience provided to market participants who will be able to
enter and interact with their on close orders later in the trading day.
Similar to cutoffs provided by another equities exchange that operates
a closing auction, the Exchange believes that the proposed Closing
Auction Cutoff would give Participants greater control over their on
close orders while still leaving enough time at the end of the trading
day for market participants to react to and offset imbalances. Further,
NYSE Arca, Inc. (``Arca''), already uses a 3:59 p.m. ET cutoff for
regular MOC/LOC order entry in its closing auction, and the Exchange
believes that this cutoff time reflects the efficiency and more
automated nature of trading in today's market.\8\
---------------------------------------------------------------------------

    \6\ The term ``Market-On-Close'' or ``MOC'' shall mean a BZX
market order that is designated for execution only in the Closing
Auction or Cboe Market Close. See Exchange Rule 11.23(a)(15).
    \7\ The term ``Limit-On-Close'' or ``LOC'' shall mean a BZX
limit order that is designated for execution only in the Closing
Auction. See Exchange Rule 11.23(a)(13).
    \8\ See Arca Rule 7.35-E(d)(2).
---------------------------------------------------------------------------

    The Exchange also proposes to amend the definitions of the LLOC and
LLOO as provided in Rules 11.23(a)(11) and (12), respectively. The
definitions of LLOC and LLOO provide that to the extent a LLOC or LLOO
bid or offer received by the Exchange has a limit price that is more
aggressive than the National Best Bid (``NBB''),\9\ or National Best
Offer (``NBO''),\10\ the price of such bid or offer is adjusted to be
equal to the NBB or NBO, respectively, at the time of receipt by the
Exchange. Where the NBB or NBO becomes more aggressive, the limit price
of the LLOC or LLOO bid or offer will be adjusted to the more
aggressive price, only to the extent that the more aggressive price is
not more aggressive than the original User entered limit price. In
addition, the current definitions provide that the limit price will
``never'' be adjusted to a less aggressive price.
---------------------------------------------------------------------------

    \9\ See Exchange Rule 1.5(o).
    \10\ Id.
---------------------------------------------------------------------------

    Now, the Exchange proposes to amend Rules 11.23(a)(11) and (12) to
provide that the limit price will not be adjusted to a less aggressive
price, unless otherwise provided under Exchange Rules, rather than
``never'' be adjusted to a less aggressive price. In certain instances
the System \11\ may adjust the limit price to a less aggressive price
if otherwise provided for by Exchange Rules. For example, assume a
short sale LLOO or LLOC order was entered at a price less than the NBB
while a short sale circuit breaker pursuant to Regulation SHO (the
``SCCB'') \12\ was in effect. Pursuant to Rules 11.9(g)(5) and (6), the
LLOO or LLOC order would be re-priced by the System at one minimum
price variation above the NBB. If the NBB then increased, the limit
price of the LLOO or LLOC would again be re-priced by the System to the
less aggressive price of one minimum price variation above the new NBB.
Given the foregoing, the Exchange is proposing to amend the Rule text
to provide that the limit price will not update to a less aggressive
price, unless otherwise provided by Exchange Rules, rather than will
``never'' update to a less aggressive price. Therefore, the proposed
change is intended to provide that LLOO or LLOC orders may be re-priced
if otherwise provided by Exchange Rules, such as pursuant to the Reg
SHO price sliding.
---------------------------------------------------------------------------

    \11\ See Exchange Rule 1.5(aa).
    \12\ See 17 CFR 242.201; Securities Exchange Act Release No.
61595 (February 26, 2010), 75 FR 11232 (March 10, 2010).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\13\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \14\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \15\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
    \15\ Id.
---------------------------------------------------------------------------

    Specifically, the Exchange believes that extending the Closing
Auction Cutoff for submitting on close orders will allow market
participants to retain control over their orders for a longer period of
time, and thereby assist those market participants in managing their
trading at the close. While the Exchange currently has a Closing
Auction Cutoff of 3:55 p.m., the Exchange does not believe five minutes
is necessary for market participants to respond to and offset
imbalances. In fact, in the Commission's approval order for a similar
proposal by the Nasdaq Stock Market, LLC (``Nasdaq''),\16\ the
Commission stated that it ``believes that extending these cutoff times
would allow Exchange participants to retain flexibility with respect to
entering, modifying, and cancelling their on close orders until a later
time, while still providing time for Exchange participants to react and
resolve imbalances in the Nasdaq Closing Cross.'' \17\ Further, the
Commission stated that it believes Nasdaq's proposal could encourage
participation in the Nasdaq Closing Cross by market participants who
are unwilling to give up flexibility and control over their on close
orders at 3:50 p.m. The Exchange believes that market participants
would be better served if the Closing Auction Cutoff was extended to
3:59 p.m. so that the period of time where market

participants have limited control over their orders is reduced. The
Exchange believes that this will reduce risk for market participants
that participate in the Exchange's Closing Auction, and improve price
discovery by facilitating additional participation by market
participants that may not be willing to lose control over their on
close interest for five minutes.
---------------------------------------------------------------------------

    \16\ See Securities Exchange Act [sic] No. 84454 (October 19,
2018), 83 FR 53923 (October 25, 2018) (SR-NASDAQ-2018-068) (Order
Approving Proposed Rule Change, as Modified by Amendment No. 1, To
Extend the Cutoff Times for Accepting on Close Orders Entered for
Participation in the Nasdaq Closing Cross and to Make Related
Changes).
    \17\ Nasdaq proposed to extend the cutoff time from 3:50 p.m. to
3:55 p.m.
---------------------------------------------------------------------------

    The Exchange further believes that the proposal to extend the
Closing Auction Cutoff would remove impediments to and perfect the
mechanism of free and open markets and a national market system because
it would more closely align the Exchange's Closing Auction Cutoff time
with those of another equity exchange. For example, Arca already uses a
3:59 p.m. cutoff for regular MOC/LOC order entry in its closing auction
and the Exchange believes that this cutoff time reflects the efficiency
and more automated nature of trading in today's market.\18\ The
Exchange, therefore, believes that there is sufficient precedent in the
industry for extending the Closing Auction Cutoff time to 3:59 p.m. as
proposed. The Exchange also believes that the proposal would promote
just and equitable principles of trade because the proposed rule change
would not alter the basic operations of the Exchange's closing
procedures. Rather, the proposed rule change would provide more time
for order entry and cancellation leading into the close.
---------------------------------------------------------------------------

    \18\ See Arca Rule 7.35-E(d)(2).
---------------------------------------------------------------------------

    The Exchange's proposal to amend Rules 11.23(a)(11) and (12) to
provide that a limit price will not be adjusted to a less aggressive
price, rather than never be adjusted to a less aggressive price will
clarify how the System handles LLOC and LLOO orders in conjunction with
other applicable Exchange Rules. As noted above, in certain instances,
such as when a short sale LLOC or LLOO order is entered during a SSCB,
the System may re-price the order pursuant to Exchange Rules 11.9(g)(5)
and (6). Therefore, the Exchange believes that amending Rules
11.23(a)(11) and (12) to provide that the limit price will not update
to a less aggressive price, unless otherwise provided by Exchange
Rules, will increase transparency around the operation of the Exchange
to the benefit of all market participants. Therefore, the proposed
change is intended only to clarify the Exchange Rules.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on intermarket or intramarket competition not
necessary or appropriate in furtherance of the purposes of the Act.
Rather, the Exchange believes that the proposed rule change is evidence
of the competitive forces in the equities markets. The Exchange
currently uses a 3:55 p.m. Closing Auction Cutoff, which results in a
five-minute period where participants in the Closing Auction no longer
have the ability to enter additional MOC/LOC Orders, and have limited
ability to interact with their already entered orders. Other exchanges,
such as Arca, have adopted a shorter cutoff period.\19\ The Exchange
believes that the market participants that trade in the Exchange's
Closing Auction would similarly benefit from a later Closing Auction
Cutoff. The proposed cutoff time would apply equally to all market
participants, and reflects the current market environment where trading
is increasingly more automated and efficient, and where competing
exchanges already offer a later cutoff time than those currently in
place on the Exchange.
---------------------------------------------------------------------------

    \19\ Id.
---------------------------------------------------------------------------

    The Exchange believes the change to the definition of LLOC and LLOO
as provided in Exchange Rules 11.23(a)(11) and (12) will have no impact
on competition, as it is intended to clarify that such orders will not
update to a less aggressive price unless otherwise provided by Exchange
Rules.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    (A) By order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CboeBZX-2021-023 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CboeBZX-2021-023. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CboeBZX-2021-023 and should be submitted
on or before April 30, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-07274 Filed 4-8-21; 8:45 am]
BILLING CODE 8011-01-P