[Federal Register: December 12, 2006 (Volume 71, Number 238)]
[Notices]
[Page 74524-74525]
[DOCID:fr12de06-90]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2005-0023; FRL-8254-1]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Clean Water Act Section 404
State-Assumed Programs; EPA ICR No. 0220.10, OMB Control Number 2040-
0168

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. The ICR, which is abstracted below,
describes the nature of the information collection and its estimated
burden and cost.

DATES: Additional comments may be submitted on or before January 11,
2007.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2005-0023, to (1) EPA online using http://www.regulations.gov (our preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to: EPA

Docket Center, Environmental Protection Agency, Water Docket Mail Code:
4101T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB
by mail to: Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th
Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Kathy Hurld, Office of Wetlands,
Oceans, and Watersheds, Wetlands Division (4502T), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On July 11, 2006, (71 FR 39102), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OW-2005-0023, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Water Docket in

the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from
8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
The telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the Water Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://www.regulations.gov
, to submit or view public comments, access the

index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA

receives them and without change, unless the comment contains
copyrighted material, CBI, or other

information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://www.regulations.gov
.

    Title: Clean Water Act Section 404 State-Assumed Programs.
    ICR Numbers: EPA ICR No. 0220.10, OMB Control No. 2040-0168.
    ICR Status: This ICR is scheduled to expire on January 31, 2007.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: This information collection request has three parts: A.
Information needed for States or Tribes to request program assumption;
B. Information needed from permit applicants; and C. Information
included in the State or Tribe's annual report.
    A. Section 404(g) of the Clean Water Act authorizes States [and
Tribes] to assume the Section 404 permit program. States/Tribes must
demonstrate that they meet the statutory and regulatory requirements
(40 CFR part 233) for an approvable program. Specified information and
documents must be submitted by the State/Tribe to EPA to request
assumption. Once the required information and documents are submitted
and EPA has a complete assumption request package, the statutory time
clock for EPA's decision to either approve or deny the State/Tribe's
assumption request starts. The information contained in the assumption
request is made available to the other involved Federal agencies (Corps
of Engineers, U.S. Fish and Wildlife Service, and National Marine
Fisheries Service) and to the general public for review and comment.
These minimum information requirements are based on the information
that must be submitted when applying for a Section 404 permit from the
Corps of Engineers. [33 CFR part 328].
    B. States/Tribes must be able to issue permits that comply with the
404(b)(1) Guidelines, the environmental review criteria. States/Tribes
and the reviewing Federal agencies must be able to review proposed
projects to evaluate, avoid, minimize and compensate for anticipated
impacts. EPA's assumption regulations establish recommended elements
that should be included in the State/Tribe permit application, so that
sufficient information is available to make a thorough analysis of
anticipated impacts. These minimum information requirements are based
on the information that must be submitted when applying for a Section
404 permit from the Corps of Engineers (CWA Section 404(h)(1)(A)(i) and
Section 404(j) and 40 CFR 230.10, 233.20, 233.21, 233.34, and 233.50)
(33 CFR 325.1).
    C. EPA is responsible for oversight of assumed programs to ensure
that State/Tribal programs are in compliance with applicable
requirements and that State/Tribal permit decisions adequately
consider, avoid, minimize and compensate for anticipated impacts.
States/Tribes must evaluate their programs annually and submit the
results in a report to EPA. EPA's assumption regulations establish
minimum requirements for the annual report (40 CFR 233.52).
    If a State or Tribe chooses to assume the CWA Section 404 Program,
the information collected during the approval process is required and
the reporting requirements for each permit and the annual report are
mandatory (CWA Section 404(h)(1)(A)(i) and Section 404(j) and 40 CFR
230.10, 233.20, 233.21, 233.34, and 233.50) (33 CFR 325.1). The nature
and extent of confidentiality is addressed in Section 404(o) of the
Clean Water Act which requires that all permits and permit applications
under this section be made available to the public.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is listed below. Burden means
the total time, effort, or financial resources expended by persons to
generate, maintain, retain, or disclose or provide information to or
for a Federal agency. This includes the time needed to review
instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any
previously applicable instructions and requirements which have
subsequently changed; train personnel to be able to respond to a
collection of information; search data sources; complete and review the
collection of information; and transmit or otherwise disclose the
information.
    Respondents/Affected Entities: States and Tribes.
    Estimated Number of Respondents: 2 States/Tribes to request
assumption; 20,000 permit applicants; and 4 States/Tribes to submit
annual report to EPA.
    Frequency of Response: One time when requesting assumption; one
time when filing a permit; and annually for program annual report (once
the program is assumed).
    Estimated Total Annual Hour Burden: 101,360 hours.
    Estimated Total Annual Cost: There are no capital or O&M costs
associated with this collection.

    Dated: December 4, 2006.
Richard T. Westlund,
Acting Director, Collection Strategies Division.
[FR Doc. E6-21116 Filed 12-11-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: October 11, 2006 (Volume 71, Number 196)]
[Proposed Rules]
[Page 59697]
[DOCID:fr11oc06-10]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2005-AL-0004-200619b; FRL-8229-7]

Approval and Promulgation of Implementation Plans; Alabama:
Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing approval of revisions to the Alabama State
Implementation Plan (SIP), submitted by the Alabama Department of
Environmental Management (ADEM) on November 18, 2005. The revisions
include modifications to Alabama's Volatile Organic Compounds (VOCs)
rules found at Alabama Administrative Code (AAC) Chapter 335-3-1. ADEM
is taking an action that was similarly approved by EPA on November 29,
2004 (69 FR 69298). The revision adds several compounds to the list of
compounds excluded from the definition of VOC on the basis that they
make a negligible contribution to ozone formation. This proposed action
is being taken pursuant to section 110 of the Clean Air Act (CAA).

DATES: Written comments must be received on or before November 13,
2006.

ADDRESSES: Comments may be submitted by mail to: Stacy DiFrank,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW., Atlanta, GA 30303-8960. Comments may
also be submitted electronically, or through hand delivery/courier.
Please follow the detailed instructions described in the direct final
rule, ADDRESSES section which is published in the Rules Section of this
Federal Register.

FOR FURTHER INFORMATION CONTACT: Stacy DiFrank, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, GA 30303-8960. The telephone number is (404) 562-
9042. Ms. DiFrank can also be reached via electronic mail at
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: For additional information, see the direct
final rule which is published in the Rules Section of this Federal
Register.

    Dated: September 18, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. E6-16810 Filed 10-10-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 198 (Monday, October 16, 2023)]
[Proposed Rules]
[Page 71329]
[FR Doc No: 2023-22705]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1903

[Docket No. OSHA-2023-0008]
RIN 1218-AD45

Worker Walkaround Representative Designation Process

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice of proposed rulemaking; extension of public comment
period.

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SUMMARY: On August 30, 2023, OSHA published a notice of proposed
rulemaking (NPRM) titled ``Worker Walkaround Representative Designation
Process.'' The period for submitting public comments is being extended
by two weeks to allow stakeholders additional time to comment.

DATES: The comment period for the proposed rule published in the
Federal Register on August 30, 2023 (88 FR 59825), is extended. Submit
comments to the proposed rule and other information by November 13,
2023.

ADDRESSES: Comments may be submitted as follows:
    Written comments: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the online instructions for submitting
comments.
    Instructions: All submissions must include the agency's name and
docket number for this rulemaking (Docket No. OSHA-2023-0008). All
comments, including any personal information you provide, are placed in
the public docket without change and may be made available online at
http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting information that they do not want made available to the
public or submitting materials that contain personal information
(either about themselves or others), such as Social Security numbers
and birthdates.
    Docket: To read or download comments or other information in the
docket, go to Docket No. OSHA-2023-0008 at http://www.regulations.gov.
All comments and submissions are listed in the http://www.regulations.gov index; however, some information (e.g., copyrighted
material) is not publicly available to read or download through that
website. All comments and submissions, including copyrighted material,
are available for inspection through the OSHA Docket Office. Contact
the OSHA Docket Office at<PHONE_NUMBER> (TDY number<PHONE_NUMBER>) for
assistance in locating docket submissions.

FOR FURTHER INFORMATION CONTACT:
    Press inquiries: Frank Meilinger, Director, OSHA Office of
Communications, telephone:<PHONE_NUMBER>; email:
[email protected].
    General and technical inquiries: Donald Klienback, OSHA Directorate
of Construction, telephone:<PHONE_NUMBER>; email:
[email protected].
    Copies of this Federal Register notice and news releases:
Electronic copies of these documents are available at OSHA's web page
at http://www.osha.gov.

SUPPLEMENTARY INFORMATION:
    On August 30, 2023, OSHA published a NPRM titled ``Worker
Walkaround Representative Designation Process.'' (88 FR 59825). In the
NPRM, OSHA proposed to amend its Representatives of Employers and
Employees regulation to clarify that the representative(s) authorized
by employees may be an employee of the employer or a third party; such
third-party employee representative(s) may accompany the OSHA
Compliance Safety and Health Officer (CSHO) when they are reasonably
necessary to aid in the inspection. OSHA also proposed clarifications
of the relevant knowledge, skills, or experience with hazards or
conditions in the workplace or similar workplaces, or language skills
of third-party representative(s) authorized by employees who may be
reasonably necessary to the conduct of a CSHO's physical inspection of
the workplace.
    The public comment period for this NPRM was to conclude on October
30, 2023, 60 days after publication of the NPRM. However, OSHA received
requests from stakeholders for a 60-day extension of the public comment
period (Document ID 0015; 0018). OSHA agrees to an extension of the
public comment period and believes that a two-week extension is
sufficient and appropriate in order to balance the agency's need for
timely input with the stakeholders' request. Accordingly, the comment
period for this NPRM is being extended and will now conclude on
November 13, 2023.

Authority and Signature

    Douglas L. Parker, Assistant Secretary of Labor for Occupational
Safety and Health, U.S. Department of Labor, authorized the preparation
of this document pursuant to 29 U.S.C. 657; 5 U.S.C. 553; Secretary of
Labor's Order 8-2020, 85 FR 58393 (2020).

    Signed at Washington, DC.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-22705 Filed 10-13-23; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 76, Number 14 (Friday, January 21, 2011)]
[Notices]
[Page 3932]
[FR Doc No: 2011-1269]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Fifty-Third Meeting: RTCA Special Committee 186: Automatic
Dependent Surveillance--Broadcast (ADS-B)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA Special Committee 186: Automatic Dependent
Surveillance--Broadcast (ADS-B) meeting.

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 186: Automatic Dependent
Surveillance--Broadcast (ADS-B).

DATES: The meeting will be held February 22-25, 2011 from 9 a.m. to 5
p.m., unless stated otherwise in the agenda.

ADDRESSES: The meeting will be held at the RTCA Conference Rooms, 1828
L Street, NW., Suite 805, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW.,
Suite 805, Washington, DC 20036,<PHONE_NUMBER>; fax<PHONE_NUMBER>;
Web site http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a Special Committee 186, Automatic Dependent
Surveillance--Broadcast (ADS-B) meeting. The agenda will include:
    Specific Working Group Sessions:

Tuesday, February 22

     All Day, Requirements Focus Group (RFG), MacIntosh-NBAA
Room & Hilton-ATA Room.

Wednesday, February 23

     All Day, Requirements Focus Group (RFG), MacIntosh-NBAA
Room & Hilton-ATA Room.
     All Day, WG-6, Application Technical Requirements, Colson
Board Room.

Thursday, February 24

     All Day, Requirements Focus Group (RFG), MacIntosh-NBAA
Room & Hilton-ATA Room.
     All Day, WG-6, Application Technical Requirements, Colson
Board Room.

Friday, February 25 at 8:30 a.m.

Plenary Session

AGENDA--PLENARY SESSION--AGENDA

February 25, 2011

RTCA--Washington, DC--MacIntosh-NBAA Room & Hilton-ATA Room
8:30 a.m.
     Chairman's Introductory Remarks.
     Review of Meeting Agenda.
     Review and Approval of the 52nd Meeting Summary, RTCA
Paper No. 007-11/SC186-305.
     Joint SC186/EUROCAE WG51 Business.
    [cir] Consider for Approval--New Document--Safety, Performance and
Interoperability Requirements Document for Aircraft Spacing--Flight-
deck Interval Management (ASPA-FIM SPR), RTCA Paper No. 001-11/SC186-
303.
    [cir] Review of EUROCAE WG-51 Activities.
    [cir] Ad-Hoc Committee Proposal for Revised Application Development
Process.
    [cir] Date, Place, and Time of Next Meeting.
    [cir] ADS-B IM Coordination with SC-214/WG-78 for Data Link Rqts
Discussion and Status.
    [cir] ADS-B Coordination with SC-206 for Wake Vortex Discussion and
Status.
     SC186 Business.
    [cir] FAA Surveillance and Broadcast Services (SBS) Program Status.
    [cir] Working Group Reports.
     WG-1--Operations and Implementation.
     WG-2--TIS-B MASPS--no report.
     WG-3--1090 MHz MOPS--no report.
     WG-4--Application Technical Requirements.
     WG-5--UAT MOPS--no report.
     WG-6--ADS-B MASPS.
     RFG--Requirements Focus Group.
     Revised Terms of Reference (TOR) Discussion.
     New Business.
     Other Business.
     Review Action Items/Work Programs.
     Adjourn Plenary.
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on January 14, 2011.
Robert L. Bostiga,
RTCA Advisory Committee.
[FR Doc. 2011-1269 Filed 1-20-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: February 22, 2007 (Volume 72, Number 35)]
[Notices]
[Page 7975-7976]
[DOCID:fr22fe07-41]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2006-0412; FRL-8279-5]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NSPS for Ammonium Sulfate
Manufacturing Plants (Renewal), EPA ICR Number 1066.05, OMB Control
Number 2060-0032

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR that is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before March 26,
2007.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2006-0412, to (1) EPA online using http://www.regulations.gov (our preferred method), or by e-mail to<EMAIL_ADDRESS>or by mail to:

EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
2201T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2) OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street,
NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: John Schaefer, Office of Air Quality
Planning and Standards, Sector Policies and Programs Division (D243-
05), Measurement Policy Group, Environmental Protection Agency,
Research Triangle Park, North Carolina, 27711; telephone number: (919)
541-0296; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On June 21, 2006 (71 FR 35652), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2006-0412, which is available for public viewing
online at http://www.regulations.gov, in person viewing at the

Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Reading Room is<PHONE_NUMBER> and the telephone number
for the Enforcement and Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://www.regulations.gov
 to submit or view public comments, access the index

listing of the contents of the docket, and to access those documents in
the docket that are available electronically. Once in the system,
select ``docket search,'' then key in the docket ID number identified
above. Please note that EPA's policy is that public comments, whether
submitted electronically or in paper, will be made available for public
viewing at http://www.regulations.gov, as EPA receives them and without

change, unless the comment contains copyrighted material, CBI, or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://www.regulations.gov
.

    Title: NSPS for Ammonium Sulfate Manufacturing Plants (Renewal).
    ICR Numbers: EPA ICR Number 1066.05, OMB Control Number 2060-0032.
    ICR Status: This ICR is scheduled to expire on February 28, 2007.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: This Information Collection Request (ICR) renewal is
being submitted for the NSPS for Ammonium Sulfate Manufacturing Plants
(40 CFR part 60, subpart PP), which were promulgated on November 12,
1980. These standards apply to each ammonium sulfate dryer within an
ammonium sulfate manufacturing plant in the caprolactam by-product,
synthetic, and coke oven by-products sectors of the ammonium sulfate
manufacturing industry for which construction, modification or
reconstruction commenced after the date of the proposal. The affected
entities are subject to the General Provisions of the NSPS at 40 CFR
part 60 subpart A and any changes, or additions to the General
Provisions specified at 40 CFR part 60, subpart PP.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 61.5
hours per response. Burden means the total time, effort, or financial
resources expended

by persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency. This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements
which have subsequently changed; train personnel to be able to respond
to a collection of information; search data sources; complete and
review the collection of information; and transmit or otherwise
disclose the information.
    Respondents/Affected Entities: Ammonium sulfate manufacturing
plants.
    Estimated Number of Respondents: 2.
    Frequency of Response: Initially and semi-annually.
    Estimated Total Annual Hour Burden: 246.
    Estimated Total Annual Cost: $15,808, which includes $0 annualized
capital start up costs, $0 annualized operating and maintenance costs
(O&M) and $15,808 annualized labor costs.
    Changes in the Estimates: There is no change in the total estimated
burden currently identified in the OMB Inventory of Approved ICR
Burdens.

    Dated: February 13, 2007.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. E7-3004 Filed 2-21-07; 8:45 am]

BILLING CODE 6560-50-P


Erika Sasser/RTP/USEPA/US

02/16/2008 12:47 PM

To

"King, Heidi R."<EMAIL_ADDRESS> cc

Pat Dolwick/RTP/USEPA/US@EPA, Lydia Wegman/RTP/USEPA/US@EPA, Tricia Crabtree/RTP/USEPA/US@EPA

Subject

RE: From staff paper page - which county(ies)?

Heidi--

The figure in the staff paper was based on 2002-2004 data, so it's pretty out of date at this point.  We have done some looking at this question of how primary and W126 would interface, but now that we have 2005 and 2006 data available, we've been focusing on the 2003-2005 and 2004-2006 periods, which are probably better reference points (although by the time of designations, things would probably look different still).   Based on data from these more recent periods, we have found no counties that would violate a W126 of 21 but meet a primary 8-hour standard of 0.075.   If you're interested in more specifics, let me know.

Erika

Pat Dolwick/RTP/USEPA/US

02/15/2008 09:11 PM

To

"King, Heidi R."<EMAIL_ADDRESS> cc

Erika Sasser/RTP/USEPA/US@EPA

Subject

RE: From staff paper page - which county(ies)?

Heidi,

Sorry, I was out of the office today.  As of Thursday afternoon, I believe Erika Sasser was working out the response.

Pat Dolwick

Physical Scientist

USEPA/OAQPS Mail Drop C439-03

Research Triangle Park, NC 27711

Phone:<PHONE_NUMBER>

E-mail<EMAIL_ADDRESS> -----"King, Heidi R."<EMAIL_ADDRESS>wrote: -----

To: Pat Dolwick/RTP/USEPA/US@EPA

From: "King, Heidi R."<EMAIL_ADDRESS> Date: 02/15/2008 01:46PM

Subject: RE: From staff paper page - which county(ies)?

Hi Pat,

Any follow up?

Thx,

h

-----Original Message-----

From<EMAIL_ADDRESS><EMAIL_ADDRESS> Sent: Thursday, February 14, 2008 1:12 PM

To: King, Heidi R.

Cc<EMAIL_ADDRESS> Subject: Re: From staff paper page - which county(ies)?

Heidi,

I do not have this information (more ambient data, than modeled), but

have forwarded your question on to the appropriate folks.  If you don't

have an answer shortly, please let me know & I'll see where we are at w/

it.

Thanks,

Pat Dolwick

Physical Scientist

USEPA/OAQPS Mail Drop C439-03

Research Triangle Park, NC 27711

Phone:<PHONE_NUMBER>

E-mail<EMAIL_ADDRESS>

            "King, Heidi R."

            <Heidi_R._King@o

            mb.eop.gov>                                             To

                                     Pat Dolwick/RTP/USEPA/US@EPA

            02/14/2008 10:52                                        cc

            AM                       Lydia Wegman/RTP/USEPA/US@EPA

                                                               Subject

                                     From staff paper page - which

                                     county(ies)?

Hi Pat,

Thanks in advance for your help. I'm looking for the names of the

county(ies) that appear to attain the 8-hour standard of 75ppb while

also exceeding W126 of 21 on figure 7-1 on page 7-18 of the Staff Paper

(cut and paste below).  Amy thought that Lydia had sent this to either

her or to Art earlier, but I / we cannot find it.

I also tried to figure out which county from the attached map from the

proposal, but I'm afraid it was not as easy as "Where's Waldo".

I appreciate your help;

heidi

(See attached file: Ozone NAAQS Proposal Maps W126.pdf)(Embedded image

moved to file: pic27248.jpg)


[Federal Register: October 23, 2006 (Volume 71, Number 204)]
[Notices]
[Page 62107]
[DOCID:fr23oc06-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER06-713-000, ER06-713-001]

Weyerhaeuser Company; Notice of Issuance of Order

October 16, 2006.
    Weyerhaeuser Company (Weyerhaeuser) filed an application for
market-based rate authority, with an accompanying rate schedule. The
proposed market-based rate schedule provides for the sale of energy and
capacity at market-based rates. Weyerhaeuser also requested waivers of
various Commission regulations. In particular, Weyerhaeuser requested
that the Commission grant blanket approval under 18 CFR part 34 of all
future issuances of securities and assumptions of liability by
Weyerhaeuser
    On May 26, 2006, pursuant to delegated authority, the Director,
Division of Tariffs and Market Development--West, granted the requests
for blanket approval under part 34. The Director's order also stated
that the Commission would publish a separate notice in the Federal
Register establishing a period of time for the filing of protests.
Accordingly, any person desiring to be heard or to protest the blanket
approvals of issuances of securities or assumptions of liability by
Weyerhaeuser should file a motion to intervene or protest with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214
(2004).
    Notice is hereby given that the deadline for filing motions to
intervene or protest is November 15, 2006.
    Absent a request to be heard in opposition by the deadline above,
Weyerhaeuser is authorized to issue securities and assume obligations
or liabilities as a guarantor, indorser, surety, or otherwise in
respect of any security of another person; provided that such issuance
or assumption is for some lawful object within the corporate purposes
of Weyerhaeuser, compatible with the public interest, and is reasonably
necessary or appropriate for such purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of Weyerhaeuser's issuance of securities or
assumptions of liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-17634 Filed 10-20-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: October 24, 2006 (Volume 71, Number 205)]
[Notices]
[Page 62331-62338]
[DOCID:fr24oc06-97]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54616; File Nos. SR-NYSE-2006-77; SR-NASD-2006-112]

Self-Regulatory Organizations; New York Stock Exchange LLC and
the National Association of Securities Dealers, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Changes Relating to NYSE
Rule 472 and NASD Rule 2711

October 17, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 27, 2006, the New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') and the National Association of Securities Dealers, Inc.
(``NASD'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule changes as described in Items I,
II, and III below, which Items have been prepared by the respective
self-regulatory organizations. The NYSE and NASD (the ``SROs'') have
filed the proposed rule changes as constituting a stated policy,
practice, or interpretation with respect to the meaning,
administration, or enforcement of existing rules pursuant to Section
19(b)(3)(A) of the Act \3 \and Rule 19b-4(f)(1) thereunder,\4\ which
renders them effective upon filing with the Commission. The Commission
is publishing this notice to solicit comments on the proposed rule
changes from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

I. Self-Regulatory Organizations' Statements of the Terms of Substance
of the Proposed Rule Changes

    The Exchange proposes to amend NYSE Rule 472 to codify the
Exchange's existing interpretive guidance relating to certain
provisions of the rule and to make certain non-substantive, technical
changes to the rule's text. The text of the proposed rule change is
available on NYSE's Web site, http://www.nyse.com, at the NYSE's Office

of the Secretary, and at the Commission's Public Reference Room.
    NASD is proposing to amend NASD Rule 2711 to codify NASD's existing
interpretive guidance relating to certain provisions of the rule and to
make several non-substantive, technical changes to clarify the rule's
intended meaning. The text of the proposed rule change is attached as
Exhibit 5 to the NASD's rule filing.

II. Self-Regulatory Organizations' Statements of the Purpose of, and
Statutory Basis for, the Proposed Rule Changes

    In their filings with the Commission, the NYSE and NASD included
statements concerning the purpose of and basis for the proposed rule
changes and discussed any comments they received on the proposed rule
changes. The text of these statements may be examined at the places
specified in Item IV below. The NYSE and NASD have prepared summaries,
set forth in sections A, B, and C below, of the most significant
aspects of such statements.

A. Self-Regulatory Organizations' Statements of the Purpose of, and
Statutory Basis for, the Proposed Rule Changes

(1) NYSE's Purpose
Background
    NYSE Rule 472 is, in significant part, intended to improve the
objectivity of research by requiring that investors be provided with
conflict disclosures as well as other useful and reliable information
with which to make investment decisions. Specifically, NYSE Rule 472
restricts the interaction between research departments and investment
banking personnel; requires disclosure of financial interests in
covered companies by the analyst and

the firm; requires disclosure of existing and potential investment
banking relationships with subject companies; imposes quiet periods for
issuance of research reports; restricts personal trading by analysts;
requires disclosure of information that helps investors track the
correlation between an analyst's rating and the stock's price
movements; requires that a compensation committee, without investment
banking representation, review and approve compensation of research
analysts; prohibits research analysts from participating in the
solicitation of investment banking business; and prohibits research
analysts from participating in road shows related to investment banking
transactions.
    Since the 2002 amendments to NYSE Rule 472,\5\ the Exchange has
jointly published with NASD two memoranda that provide interpretive
guidance to member organizations on a number of issues relating to NYSE
Rule 472 and NASD's corresponding Rule 2711.\6\ Further, on December
21, 2005, the Exchange and the NASD submitted to the Commission a joint
report on the operation and effectiveness of their respective rules
relating to research analyst conflicts of interest (the ``SRO
Report''). Among the recommendations included in the SRO Report is that
certain interpretations set forth in the two joint memoranda be
codified as rule text. Accordingly, the Exchange is herein proposing
amendments to NYSE Rule 472 consistent with these recommendations.\7\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 45908 (May 10,
2002), 67 FR 34968 (May 16, 2002) (order approving SR-NYSE-2002-09).
    \6\ See NYSE Information Memo 02-26 (June 26, 2002) and NYSE
Information Memo 04-10 (March 9, 2004).
    \7\ The SRO Report also recommended a number of substantive rule
changes that extend beyond codifying existing interpretations of the
provisions of NYSE Rule 472. As such, those changes are not included
in this proposed rule change, which will take effect upon filing
with the Commission pursuant to Section 19(b)(3)(A)(i) of the Act.
Contemporaneously herewith, the Exchange filed a separate proposed
rule change to implement those additional proposed amendments to
NYSE Rule 472, SR-NYSE-2006-78.
---------------------------------------------------------------------------

    Specifically, the Exchange is proposing to amend NYSE Rule 472 to
reflect the interpretive guidance relating to (1) The definition of the
term ``public appearance,'' (2) the definition of the term ``research
report,'' (3) the definition of the term ``investment banking
services,'' (4) the definition of the term ``household member,'' (5)
the definition of the term ``equity security,'' (6) certain disclosure
requirements, (7) compendium reports and (8) third-party research. In
addition, the Exchange is proposing non-substantive, technical changes
to NYSE Rule 472 where necessary to clarify the rule's intended
meaning.
Definition of ``Public Appearance''
    NYSE Rule 472.50 currently defines ``public appearance'' as any
participation in a seminar, forum (including an interactive electronic
forum), radio, television or print media interview, or other public
speaking activity, or the writing of a print media article, in which a
research analyst makes a recommendation or offers an opinion concerning
an equity security.
    The proposed rule change codifies existing interpretive guidance to
NYSE Rule 472 which will:
    (1) Include ``conference calls'' in the definition of ``public
appearance.'' \8\
---------------------------------------------------------------------------

    \8\ See NYSE Information Memo 02-26.
---------------------------------------------------------------------------

    (2) Provide that a conference call, seminar, forum (including an
interactive electronic forum) or other public speaking activity in
which a research analyst makes a recommendation or offers an opinion
concerning an equity security constitutes a public appearance only if
presented before fifteen (15) or more persons (the ``15-person
standard'').\9\ If a member organization can reasonably ascertain at a
public speaking activity before fifteen (15) or more persons that those
persons represent less than fifteen (15) separate investors, then it
will not constitute a public appearance. The NYSE believes the 15-
person standard is consistent with the proposed rule change to amend
the definition of ``research report'' in NYSE Rule 472 (discussed
below) and SEC Regulation Analyst Certification (``Regulation
AC'').\10\
---------------------------------------------------------------------------

    \9\ See NYSE Information Memo 04-10.
    \10\ 17 CFR 242.500 et seq.
---------------------------------------------------------------------------

    (3) Clarify that any conference call, seminar, forum (including an
interactive electronic forum) or other public speaking activity in
which a research analyst makes a recommendation or offers an opinion
concerning an equity security before one or more representatives of the
media constitutes a public appearance. Thus, a public speaking activity
attended by at least one (1) representative of the media is a ``public
appearance'' even if there are only three (3) other persons in
attendance. The NYSE believes this interpretation is consistent with
the current definition of ``public appearance'' which expressly
includes radio, television and print media interviews because the media
are a conduit to the public.
    (4) Exclude from the definition of ``public appearance'' password-
protected Webcasts, conference calls and similar events with fifteen
(15) or more existing customers (either individuals or entities),
provided that:
    (a) The event participants have previously received the most
current research report or other documentation pertaining to the equity
security in question that includes the disclosures required by NYSE
Rule 472; and
    (b) The research analyst appearing at the event corrects or updates
during the public appearance any disclosures that are inaccurate,
misleading or no longer applicable.\11\
---------------------------------------------------------------------------

    \11\ See NYSE Information Memo 04-10.
---------------------------------------------------------------------------

Definition of ``Research Report''
    NYSE Rule 472.10(2) currently defines the term ``research report''
as a written or electronic communication which includes an analysis of
equity securities of individual companies or industries, and provides
information reasonably sufficient upon which to base an investment
decision.
    The proposed rule change would exclude from the definition of
``research report'' the following communications: (1) Reports
discussing broad-based indices, such as the Russell 2000 or S&P 500
index; (2) reports commenting on economic, political or market
conditions; (3) technical analysis concerning the demand and supply for
a sector, index or industry based on trading volume and price; (4)
statistical summaries of multiple companies' financial data, including
listings of current ratings; (5) reports that recommend increasing or
decreasing holdings in particular industries or sectors; and (6)
notices of ratings or price target changes, provided that the member
organization simultaneously directs the readers of the notice to the
most recent research report on the subject company that includes all
current applicable disclosures required by NYSE Rule 472 and that such
research report does not contain materially misleading disclosure,
including disclosures that are outdated or no longer applicable.\12\
---------------------------------------------------------------------------

    \12\ The NYSE believes that these exclusions essentially
parallel those contained in SEC Regulation AC and the terms of the
Research Analyst Global Settlement, an agreement among NASD, NYSE,
the SEC, the North American Securities Administrators Association
and twelve of the largest investment banks to resolve allegations
regarding biased research. (See also NYSE Information Memos 02-26
and 04-10).
    The Exchange notes that the proposed rule language to codify
these interpretations may not be identical to that in the joint
memoranda. The changes reflect, in part, the fact that the
definition of ``research report'' was subsequently amended and no
longer requires a recommendation. Also, in some instances, the
Exchange has chosen language more appropriate for rule text. To the
extent there are discrepancies, unless otherwise noted, the
substance of the existing interpretations is not intended to be
different than those set forth in the joint memoranda.

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

    The proposed rule change would codify an additional exclusion from
the definition of ``research report'' for the following communications,
even if they include an analysis of an individual security and
information reasonably sufficient upon which to base an investment
decision: (1) Any communication distributed to fewer than fifteen (15)
persons; (2) periodic reports or other communications prepared for
investment company shareholders or discretionary investment account
clients that discuss individual securities in the context of a fund's
or an account's past performance or the basis for previously made
discretionary investment decisions; and (3) internal communications
that are not given to customers. Thus, NYSE believes that, for example,
a manager's discussion of fund performance in a mutual fund shareholder
report would not constitute a research report.\13\
---------------------------------------------------------------------------

    \13\ The NYSE believes that these exclusions parallel those
contained in SEC Regulation AC. (See NYSE Information Memo 04-10).
---------------------------------------------------------------------------

    Additionally, the proposed rule change would codify an
interpretation that communications that constitute statutory
prospectuses that are filed as part of the registration statement are
not considered ``research reports,'' even if they otherwise satisfy the
definitional elements. The NYSE believes this exemption recognizes that
prospectuses serve different purposes than research reports and, thus,
are subject to a separate comprehensive regulatory scheme.
Definition of ``Investment Banking Services''
    Under current NYSE Rule 472.20, the term ``investment banking
services'' includes acting as an underwriter in an offering for the
issuer; acting as a financial adviser in a merger or acquisition;
providing venture capital, equity lines of credit, PIPEs, or similar
investments; or serving as a placement agent for the issuer.
    The proposed rule change would codify existing interpretive
guidance that the definition of ``investment banking services'' also
includes acting as a member of a selling group in a securities
underwriting.\14\
---------------------------------------------------------------------------

    \14\ See NYSE Information Memo 02-26.
---------------------------------------------------------------------------

Definition of ``Household Member''
    Exchange Rule 472.40 currently defines the term ``household
member'' to include any individual whose principal residence is the
same as the research analyst's principal residence.
    The proposed rule change would codify that the definition of
``household member'' does not include an unrelated person who shares
the same residence as a research analyst provided that the research
analyst and unrelated person are financially independent of one
another. Thus, according to the NYSE, for example, an analyst's
roommate or apartment mate, who is financially independent of the
analyst, would not be considered a ``household member'' for purposes of
the restrictions on personal trading and disclosure requirements in
NYSE Rule 472.\15\
---------------------------------------------------------------------------

    \15\ See NYSE Information Memo 02-26.
---------------------------------------------------------------------------

Definition of ``Equity Security''
    Currently, ``equity security'' is not defined in NYSE Rule 472. The
proposed rule change would add ``equity security'' as a defined term in
paragraph 472.140 and would codify existing interpretive guidance that,
for purposes of this rule, the term has the meaning ascribed to it in
Section 3(a)(11) \16\ of the Securities Exchange Act of 1934.\17\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78c(a)(11).
    \17\ See NYSE Information Memo 02-26 and 04-10.
---------------------------------------------------------------------------

Disclosure Requirements
    NYSE Rule 472(k) sets forth a number of disclosure requirements for
research reports and for public appearances by research analysts. In
addition to disclosures relating to conflicts, this provision requires
that a member organization disclose the meanings of ratings used in the
member organization's rating system, the distribution of buy, hold, and
sell ratings assigned by the member organization, and a price chart
that plots the assignment or changes of the analyst's ratings and price
targets for the subject company against the movement of the subject
company's stock price over time. NYSE Rule 472.70 supplements this
provision stating that the ratings disclosures be current as of the end
of the most recent calendar quarter (or the second most recent calendar
quarter if the publication date is less than fifteen (15) calendar days
after the most recent calendar quarter).
    The NYSE believes the proposed rule change to amend NYSE Rule 472
would clarify the existing requirement that the ratings distribution in
a research report should reflect the current distribution of the most
recent ratings that the member organization has issued for all subject
companies, within the previous twelve (12) months.\18\
---------------------------------------------------------------------------

    \18\ See NYSE Information Memo 04-10.
---------------------------------------------------------------------------

    In addition, the proposed rule change would amend NYSE Rule
472(k)(1)(i)h to clarify that a price chart is required only if a
research report contains either a rating or a price target, and the
member organization has assigned a rating or price target to the
subject company for at least one (1) year.\19\
---------------------------------------------------------------------------

    \19\ See NYSE Information Memo 02-26.
---------------------------------------------------------------------------

    The proposed rule change would also make certain non-substantive,
technical changes to the disclosure requirements of NYSE Rule 472 in
order to clarify that such disclosures are required only in certain
research reports. Specifically, the proposed rule change would amend
NYSE Rule 472 to clarify that: (1) A research report must disclose the
meanings of ratings used in the member organization's ratings system
only if the report contains a rating of the subject company's stock;
(2) a research report must disclose the member organization's ratings
distribution information only if the report contains a rating; and (3)
a research report must disclose valuation methods used in determining
price targets only if the report contains a price target.
Compendium Reports
    NYSE Rule 472(k)(1)(iii)d provides that when a member organization
distributes a research report covering six or more companies, for
purposes of the rule's disclosure requirements, such report may direct
the reader in a clear manner to the applicable current disclosures in
written or electronic format.
    The proposed rule change would codify the existing interpretation
that an electronic compendium report--a research report covering six
(6) or more subject companies--may include a hyperlink to the required
disclosures. A paper-based compendium report must provide either a
toll-free number to call or a postal address to write for the required
disclosures and may also include a Web address of the member
organization where the disclosures can be found.\20\
---------------------------------------------------------------------------

    \20\ See NYSE Information Memo 02-26.
---------------------------------------------------------------------------

Third-Party Research
    First, the proposed rule change would add new paragraph (k)(4)
(``Third-Party Research Reports'') to NYSE Rule 472 to codify existing
interpretative guidance that when a member organization distributes
research produced by another member organization, a non-member
organization affiliate (e.g., a foreign broker-dealer or an investment
adviser) or an independent third party, the member organization must
disclose: (1) The member organization's and its affiliate's ownership
of the subject company's securities, pursuant to NYSE

Rule 472(k)(1)(i)c; (2) the member organization's and its affiliate's
investment banking relationships with the subject company, pursuant to
NYSE Rule 472(k)(1)(i)a; (3) the member organization's market making
activities in the subject company's securities, pursuant to NYSE Rule
472(k)(1)(i)b; and (4) any other actual, material conflict of interest
of the analyst or member organization, pursuant to NYSE Rule
472(k)(1)(iii)d (the ``third-party disclosures'').\21\ Where a member
organization distributes another member organization's research report,
the distributing member organization must include the third-party
disclosures as they pertain to the distributing member organization's
relationship to the subject company, whereas the member organization
whose report is being distributed is subject to all disclosure
requirements under NYSE Rule 472.\22\
---------------------------------------------------------------------------

    \21\ See NYSE Information Memos 02-26 and 04-10.
    \22\ See NYSE Information Memos 02-26 and 04-10.
---------------------------------------------------------------------------

    Second, the proposed rule change clarifies that the third-party
disclosures noted above shall not apply to research prepared by an
independent third-party that the member organization makes available to
its customers either upon request or through a member organization-
maintained Web site. However, according to the NYSE, a member
organization that makes a non-member organization affiliate's research
report available to its customers upon request or through its Web site
must include the third-party disclosures.
    Third, the amendments set forth the review and approval
requirements for third-party research distributed by a member
organization. The amended rule provides that a supervisory analyst
qualified under NYSE Rule 344 must approve, pursuant to NYSE Rule
472(a)(2), by signature or initial, any third-party research
distributed by a member organization. In addition, a supervisory
analyst or qualified person designated pursuant to NYSE Rule 342(b)(1)
(e.g., a person who has taken and passed the Series 9/10, or another
examination acceptable to the Exchange which demonstrates competency
relevant to assigned responsibilities, including the Series 24 if taken
and passed after July 1, 2001) must review third-party research
distributed by a member organization to determine that the third-party
disclosures are complete and accurate, and that the content of the
research report is consistent with all applicable standards regarding
communications with the public.
    The joint interpretive memoranda indicate that distribution of
independent third-party research through a soft-dollar arrangement is
not encompassed by the disclosure requirements. The proposed rule
change would supersede this interpretation. Thus, when a member
organization distributes independent third-party research through a
soft-dollar arrangement, the third-party disclosure requirements would
apply, unless another exception is available (e.g., where such research
is provided upon customer request or furnished directly by the research
provider to the customer).\23\
---------------------------------------------------------------------------

    \23\ A ``soft-dollar'' arrangement involves an agreement whereby
a money manager receives research or brokerage services from a
broker-dealer in exchange for brokerage commissions from
transactions for clients' accounts. In furnishing research, the
broker-dealer may produce it in-house or obtain it from a third-
party.
---------------------------------------------------------------------------

Other Changes
    In addition, changes are proposed to delete the term ``member'' as
used in NYSE Rule 472 to reflect the recent reorganization of the
Exchange.\24\
---------------------------------------------------------------------------

    \24\ See Securities Exchange Act Release No. 53382 (February 27,
2006), 71 FR 11251 (March 6, 2006) (order approving SR-NYSE-2005-
77).
---------------------------------------------------------------------------

    The Exchange has filed the proposed rule change for immediate
effectiveness. The effective date and the implementation date will be
the date of the filing.
(2) NYSE's Statutory Basis
    The statutory basis for the proposed rule change is Section 6(b)(5)
\25\ of the Act which requires, among other things, that the rules of
the Exchange are 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
perfect the mechanism of a free and open market and national market
system, and in general to protect investors and the public interest.
The Exchange believes that the proposed rule change will enhance the
clarity and consistency of the research analyst rules, thereby
facilitating the goals of reducing conflicts of interest and fraudulent
and manipulative practices, and providing investors with more
objective, reliable information upon which to base investment
decisions.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

(3) NASD's Purpose
    NASD Rule 2711 (Research Analysts and Research Reports) is intended
to improve the objectivity of research and provide investors with
important conflicts disclosures and other useful and reliable
information with which to make investment decisions. Generally, NASD
Rule 2711 restricts the relationship between research and investment
banking; requires disclosure of financial interests in covered
companies by the analyst and the firm; requires disclosure of existing
and potential investment banking relationships with subject companies;
imposes quiet periods for issuance of research reports; restricts
personal trading by analysts; requires disclosure of information that
helps investors track the correlation between an analyst's rating and
the stock's price movements; requires that a compensation committee,
without investment banking representation, review and approve
compensation of research analysts; prohibits research analysts from
participating in the solicitation of investment banking business; and
prohibits research analysts from participating in road shows related to
investment banking transactions.
    Since adoption of the rule in 2002,\26\ NASD has jointly published
with the New York Stock Exchange (``NYSE'') two memoranda that provide
interpretive guidance to members on a number of issues relating to the
rule. See NASD Notice to Members 02-39 (July 2002) and NASD Notice to
Members 04-18 (March 2004). On December 21, 2005, NASD and the NYSE
submitted to the Commission a joint report on the operation and
effectiveness of the SRO rules relating to research analyst conflicts
of interest (the ``SRO Report''). In connection with that report, NASD
staff performed a detailed review of NASD Rule 2711 and recommended
various rule changes, among them, codifying certain existing
interpretations.\27\
---------------------------------------------------------------------------

    \26\ See Securities Exchange Act Release No. 45908 (May 10,
2002), 67 FR 34968 (May 16, 2002) (order approving SR-NASD-2002-
021).
    \27\ The SRO Report also recommended a number of substantive
rule changes that extend beyond codifying existing interpretations
of the provisions of Rule 2711. Those changes are not included in
this proposed rule change, but are the subject of a separate
proposed rule change SR-NASD-2006-113, which has been filed
contemporaneously herewith.
---------------------------------------------------------------------------

    The proposed rule change would make express in NASD Rule 2711 a
number of existing interpretations, most of which have previously been
set forth in the two joint interpretive memoranda. Specifically, NASD
is

proposing to amend NASD Rule 2711 to make express in the rule language
the interpretive guidance contained in Notice to Members 02-39 and
Notice to Members 04-18 relating to (1) the definition of ``equity
security,'' (2) the definition of ``investment banking services,'' (3)
the definition of ``member of a research analyst's household,'' (4) the
definition of ``public appearance,'' (5) the definition of ``research
report,'' (6) certain disclosure requirements, (7) compendium reports
and (8) third-party research. In addition, NASD is proposing non-
substantive, technical changes to NASD Rule 2711 where necessary to
clarify the rule's intended meaning.
Definition of ``Equity Security''
    Currently, ``equity security'' is not defined in NASD Rule 2711.
The proposed rule change would add ``equity security'' as a defined
term in paragraph (a)(1) and would codify existing interpretive
guidance that for purposes of this rule, the term has the meaning
ascribed to it in Section 3(a)(11) of the Securities Exchange Act of
1934, 15 U.S.C. 78c(a)(11). See Notice to Members 02-39.
Definition of ``Investment Banking Services''
    NASD Rule 2711(a)(2) defines ``investment banking services'' to
include, without limitation, acting as an underwriter in an offering
for the issuer; acting as a financial adviser in a merger or
acquisition; providing venture capital, equity lines of credit, PIPEs
or similar investments; or serving as placement agent for the issuer.
    The proposed rule change would renumber paragraph (a)(2) as
paragraph (a)(3) in light of the rule change discussed above and would
codify an existing interpretation that the definition of ``investment
banking services'' also includes acting as a member of a selling group
in a securities underwriting. See Notice to Members 02-39.
Additionally, the proposed rule change would make a technical change to
clarify that the acronym PIPE stands for ``private investment, public
equity transactions.''
Definition of ``Member of a Research Analyst's Household''
    NASD Rule 2711(a)(3) defines a ``member of a research analyst's
household'' as any individual whose principal residence is the same as
the research analyst's principal residence.
    The proposed rule change would renumber paragraph (a)(3) as
paragraph (a)(4) in light of the rule change discussed above and would
codify an existing interpretation that excludes from this definition
any unrelated person who shares the same residence as a research
analyst provided that the research analyst and unrelated person are
financially independent of one another. Thus, according to NASD, for
example, an analyst's roommate or apartment-mate, who is financially
independent of the analyst, would not be considered a member of the
analyst's household for purposes of the restrictions on personal
trading and disclosure requirements in NASD Rule 2711. See Notice to
Members 02-39.
Definition of ``Public Appearance''
    NASD Rule 2711(a)(4) defines ``public appearance'' as any
participation in a seminar, forum (including an interactive electronic
forum), radio, television or print media interview, or other public
speaking activity, or the writing of a print media article, in which a
research analyst makes a recommendation or offers an opinion concerning
an equity security.
    The proposed rule change would renumber paragraph (a)(4) as
paragraph (a)(5) in light of the rule change discussed above and would
codify several existing interpretations relating to the definition of
``public appearance.'' First, NASD proposes to include conference calls
in the definition. See Notice to Members 02-39.
    Second, NASD proposes to amend the definition to expressly provide
that only a conference call, seminar, forum (including an interactive
electronic forum) or other public speaking activity before 15 or more
persons constitutes a ``public appearance.'' NASD believes this 15-
person standard is consistent with SEC Regulation Analyst Certification
(``Regulation AC'') and the proposed amendment to the definition of
``research report'' under NASD Rule 2711 (discussed below). See Notice
to Members 04-18. As set forth in Notice to Members 04-18, the 15-
person standard applies to separate investors. Thus, according to NASD,
where a research analyst can ascertain at a public speaking activity
before 15 or more individuals that those individuals represent fewer
than 15 separate investors, then such activity would not constitute a
``public appearance.''
    Third, the proposed rule change would amend the definition to
provide that any conference call, seminar, forum or other public
speaking activity before one or more representatives of the media
constitutes a ``public appearance'' if the research analyst makes a
recommendation or offers an opinion concerning an equity security. See
Notice to Members 04-18. Thus, according to NASD, even if there are
only five persons in attendance at a public speaking activity, if one
of those persons is a representative of the media, the event will be a
``public appearance.'' NASD believes this interpretation is consistent
with the current definition, which expressly includes radio, television
and print media interviews because the media are a conduit to the
public.
    Finally, NASD proposes to exclude from the definition password-
protected Webcasts, conference calls and similar events with 15 or more
existing customers (either individuals or entities), provided that the
event participants have previously received the most current research
report or other documentation that includes the disclosures required by
NASD Rule 2711 and the research analyst appearing at the event corrects
or updates during the public appearance any disclosures that are
inaccurate, misleading or no longer applicable. See Notice to Members
04-18.
Definition of ``Research Report''
    NASD Rule 2711(a)(8) defines ``research report'' as a written or
electronic communication that includes an analysis of equity securities
of individual companies or industries, and that provides information
reasonably sufficient upon which to base an investment decision.
    The proposed rule change would renumber paragraph (a)(8) as
paragraph (a)(9) in light of the rule change discussed above and would
codify an existing interpretation that communications that are limited
to the following do not meet the definition of ``research report'': (1)
Discussions of broad-based indices, such as the Russell 2000 or S&P 500
index; (2) commentaries on economic, political or market conditions;
(3) technical analyses concerning the demand and supply for a sector,
index or industry based on trading volume and price; (4) statistical
summaries of multiple companies' financial data, including listings of
current ratings; (5) recommendations regarding increasing or decreasing
holdings in particular industries or sectors; and (6) notices of
ratings or price target changes, provided that the member
simultaneously directs the readers of the notice to the most recent
research report on the subject company that includes all current
applicable disclosures required by NASD Rule 2711 and that such
research report does not contain materially misleading disclosure,
including disclosures that are outdated or no

longer applicable. See Notice to Members 02-39.\28\
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    \28\ NASD believes that these exclusions essentially parallel
those contained in SEC Regulation AC and the terms of the so-called
``Global Settlement,'' an agreement among NASD, NYSE, the SEC, the
North American Securities Administrators Association and ten of the
largest investment banks to resolve allegations regarding biased
research.
    NASD notes that the proposed rule language to codify these
interpretations is not identical to that in the joint memoranda. The
changes reflect, in part, the fact that the definition of ``research
report'' was subsequently amended and no longer requires a
recommendation. Also, in some instances, NASD has chosen language
more appropriate for rule text. In any event, unless otherwise
noted, the substance of the existing interpretations are not
intended to be different than those set forth in the joint
memoranda.
---------------------------------------------------------------------------

    In addition, the proposed rule change would codify three exclusions
from the definition of ``research report'' for certain communications,
even if they include an analysis of an individual equity security and
information reasonably sufficient upon which to base an investment
decision. First, NASD proposes to exclude any communication distributed
to fewer than 15 persons. See Notice to Members 04-18.\29\ This
exclusion supersedes the interpretive guidance provided in Notice to
Members 02-39 that an analysis prepared by a registered representative
for a specific customer's account would not be considered a research
report. Second, NASD proposes to exclude periodic reports or other
communications prepared for investment company shareholders or
discretionary investment account clients that discuss individual
securities in the context of a fund's or an account's past performance
or the basis for previously made discretionary investment decisions.
Thus, NASD believes that, for example, a manager's discussion of fund
performance in a mutual fund shareholder report would not constitute a
research report. See Notice to Members 04-18.\30\ Third, NASD proposes
to exclude from the definition internal communications that are not
given to current or prospective customers. See Notice to Members 02-
39.\31\
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    \29\ NASD believes that this exclusion parallels SEC Regulation
AC.
    \30\ NASD believes that this exclusion parallels SEC Regulation
AC.
    \31\ NASD believes that this exclusion parallels SEC Regulation
AC.
---------------------------------------------------------------------------

    Additionally, the proposed rule change would codify an
interpretation that communications that constitute statutory
prospectuses that are filed as part of the registration statement are
not considered ``research reports,'' even if they meet the definitional
elements. NASD believes prospectuses serve different purposes than
research reports and are subject to a separate comprehensive regulatory
scheme.
    NASD is also proposing a non-substantive, technical change to the
definition of ``research report'' to clarify that written
communications include electronic communications. NASD believes that
this change would be consistent with the definition of ``research
report'' in SEC Regulation AC.
Disclosure Requirements
    NASD Rule 2711(h) sets forth a number of disclosure requirements
for research reports and public appearances by research analysts. In
addition to disclosures relating to conflicts, this provision requires
that a member disclose the meanings of ratings used in the member's
rating system, the distribution of buy, hold, and sell ratings assigned
by the member, and a price chart that plots the assignment or changes
of the analyst's ratings and price targets for the subject company
against the movement of the subject company's stock price over time.
    The proposed rule change would amend NASD Rule 2711(h)(5) to codify
the existing interpretation that the ratings distribution should
reflect the current distribution of the most recent ratings that the
member has issued for all subject companies, unless the most recent
rating was issued more than 12 months ago. See Notice to Members 04-18.
In addition, the proposed rule change would amend NASD Rule 2711(h)(6)
to clarify that a price chart is required if a research report contains
either a rating or a price target; however, a member is not required to
provide a price chart if the research report does not include a rating
or price target. See Notice to Members 04-18.
    The proposed rule change would also make certain non-substantive,
technical changes to the disclosure requirements of NASD Rule 2711(h)
in order to clarify that such disclosures are required only in certain
research reports. Specifically, NASD proposes to amend: (1) NASD Rule
2711(h)(4) to clarify that a research report must disclose the meanings
of ratings used in the member's ratings system only if the report
contains a rating of the subject company's stock; (2) NASD Rule
2711(h)(5) to clarify that a research report must disclose the member's
ratings distribution information only if the report contains a rating;
and (3) NASD Rule 2711(h)(7) to clarify that a research report must
disclose valuation methods used in determining price targets only if
the report contains a price target.
Compendium Reports
    NASD Rule 2711(h)(11) provides that when a member distributes a
research report covering six or more companies, for purposes of the
rule's disclosure requirements, such report may direct the reader in a
clear manner as to where the reader may obtain the applicable current
disclosures in written or electronic format.
    The proposed rule change would codify the existing interpretation
that an electronic compendium report--a research report covering six or
more subject companies--may include a hyperlink to the required
disclosures. A paper-based compendium report must provide either a
toll-free number to call or a postal address to write for the required
disclosures and may also include a Web address of the member where the
disclosures can be found. See Notice to Members 02-39.
Third-Party Research
    The proposed rule change would add new paragraph (h)(13) to NASD
Rule 2711 to codify the existing interpretive guidance relating to
members' disclosure obligations in the context of distributing third-
party research. Proposed new paragraph (h)(13)(A) would make express
the existing interpretation that when a member distributes research
produced by another member, a non-member affiliate (e.g., a foreign
broker-dealer or an investment adviser) or an independent third party,
the member must disclose (1) The member's and its affiliate's ownership
of the subject company's securities, pursuant to NASD Rule
2711(h)(1)(B); (2) the member's and its affiliate's investment banking
relationships with the subject company, pursuant to NASD Rule
2711(h)(2)(A)(ii); (3) the member's market making activities in the
subject company's securities, pursuant to NASD Rule 2711(h)(8); and (4)
any other actual, material conflict of interest of the analyst or
member, pursuant to NASD Rule 2711(h)(1)(C) (the ``third-party
disclosures''). Thus, according to NASD, when a member distributes
another member's research report, the distributing member must include
the third-party disclosures as pertains to the distributing member's
relationship to the subject company, while the member whose report is
being distributed must comply with all of the disclosure requirements
under NASD Rule 2711. See Notice to Members 02-39 and Notice to Members
4-18.\32\
---------------------------------------------------------------------------

    \32\ New paragraph (h)(13) and existing paragraphs (h)(1)(C),
(h)(2)(A)(ii) and (h)(8) of NASD Rule 2711 will be renumbered
pursuant to related rule filing SR-NASD-2006-113, discussed herein
at note 27.

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

    The joint interpretive memoranda indicate that distribution of
independent third-party research through a soft-dollar arrangement is
not encompassed by the disclosure requirements. According to NASD, the
proposed rule change would supersede this interpretation. Thus, NASD
believes that when a member distributes independent third-party
research through a soft-dollar arrangement, the third-party disclosure
requirements would apply, unless another exception is available (e.g.,
where such research is provided upon customer request).
    The proposed rule change would codify the existing interpretation
that a member is not required to make the third-party disclosures when
the member makes independent third-party research reports available to
its customers upon request or through a member-maintained Web site. See
Notice to Members 02-39 and Notice to Members 04-18. However, a member
that makes a non-member affiliate's research report available to its
customers upon request or through its Web site must include the third-
party disclosures. See Notice to Members 04-18.
    Finally, NASD believes that consistent with the requirements of
NASD Rule 2210(b)(1), the proposed rule change would clarify that a
registered principal must approve by signature or initial any third-
party research distributed by a member. This requirement may be met by
the signature or initial of a supervisory analyst approved pursuant to
Rule 344 of the New York Stock Exchange (i.e., a Series 16 Supervisory
Analyst). All third-party research distributed by a member must be
reviewed by the designated principal (or Series 16 Supervisory Analyst,
as the case may be) to determine that the applicable disclosures
required by NASD Rule 2711 are complete and accurate, and the content
of the research report is consistent with all applicable standards
regarding communications with the public.
    With respect to research reports prepared by a member, NASD reminds
members that the content of the research report must be approved by an
individual who has passed either (1) the Series 24 and the Series 87 or
(2) the Series 16. If the member elects to have a Series 16 approve the
content of research, then a Series 24 principal who has also passed
either the Series 87 or the Series 16 must supervise the conduct of
both the Series 16 Supervisory Analyst and the research analyst. See
NASD Rule 1022(a)(5) and NASD Notice to Members 04-81 (November 2004).
Similar to the approach set forth above regarding the approval of
third-party research, NASD will permit any registered principal or a
Series 16 Supervisory Analyst to supervise for compliance with the
disclosure provisions (only) of NASD Rule 2711. According to NASD, all
other content of the research report must continue to be approved by an
individual who has passed either the Series 24 and the Series 87, or
the Series 16. NASD reminds members that in accordance with NASD Rule
3010 (Supervision), all personnel reviewing both member and third-party
research must be qualified by virtue of experience and training to
carry out such review.
    NASD has filed the proposed rule change for immediate
effectiveness. The effective date and the implementation date will be
the date of filing, September 27, 2006.
(4) NASD's Statutory Basis
    NASD believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\33\ which requires, among
other things, that NASD rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. NASD believes that the proposed rule change will
enhance the clarity and consistency of the research analyst rules,
thereby facilitating the goals of reducing conflicts of interest and
fraudulent and manipulative practices, and providing investors with
more objective, reliable information upon which to base investment
decisions.
---------------------------------------------------------------------------

    \33\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

B. Self-Regulatory Organizations' Statements on Burden on Competition

    The NYSE and NASD do not believe that the proposed rule changes
will result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.

C. Self-Regulatory Organizations' Statements on Comments on the
Proposed Rule Changes Received From Members, Participants, or Others

    The NYSE and NASD have neither solicited nor received written
comments.

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

    The foregoing rule changes have become effective pursuant to
Section 19(b)(3)(A) of the Act \34\ and paragraph (f)(1) of Rule 19b-4
thereunder,\35\ in that the proposed rule changes constitute a stated
policy, practice or interpretation with respect to the meaning,
administration, or enforcement of an existing rule. At any time within
60 days of the filing of the proposed rule changes, the Commission may
summarily abrogate such rule changes if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act.
---------------------------------------------------------------------------

    \34\ 15 U.S.C. 78s(b)(3)(A).
    \35\ 17 CFR 240.19b4-4(f)(1).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
changes are 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 e-mail to<EMAIL_ADDRESS>Please include

File Numbers SR-NYSE-2006-77 and/or SR-NASD-2006-112 on the subject
line.

Paper Comments

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

All submissions should refer to File Numbers SR-NYSE-2006-77 and/or SR-
NASD-2006-112. These file numbers should be included on the subject
line if e-mail is used. To help the Commission process and review your
comments more efficiently, please use only one method. The Commission
will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent

amendments, all written statements with respect to the proposed rule
changes that are filed with the Commission, and all written
communications relating to the proposed rule changes 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 inspection and copying in the Commission's Public
Reference Room, 100 F Street, NE., Washington, DC 20549. Copies of such
filing also will be available for inspection and copying at the
principal offices of the NYSE and NASD. All comments received will be
posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to the File Numbers SR-NYSE-2006-77 and/or SR-NASD-2006-
112 and should be submitted on or before November 14, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\36\
---------------------------------------------------------------------------

    \36\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. E6-17744 Filed 10-23-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 56 (Monday, March 24, 2014)]
[Notices]
[Pages 15991-15992]
[FR Doc No: 2014-06313]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP14-83-000]

El Paso Natural Gas Company, LLC; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Line 1000 and 1001
Abandonment Project and Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
address the environmental impacts of the Line 1000 and 1001 Abandonment
Project (Project) which would include the abandonment of facilities by
El Paso Natural Gas Company, LLC (El Paso) in El Paso and Hudspeth
Counties, Texas. This EA will be used by the Commission in its
decision-making process to determine whether the project is in the
public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. Your input will help the Commission staff
determine what issues they need to evaluate in the EA. Please note that
the scoping period will close on April 14, 2014.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. Your input will help the Commission staff
determine what issues need to be evaluated in the EA. Please note that
the scoping period will close on April 14, 2014. Further details on how
to submit written comments are provided in the Public Participation
section of this notice.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives are asked to notify their constituents of this planned
project and encourage them to comment on their areas of concern.

Summary of the Proposed Project

    El Paso proposes to abandon in by sale to DKM Enterprises, LLC
(DKM) for salvage about 42 miles of its Jal Lines (Lines 1000 and 1001)
consisting of two segments of 16-inch-diameter pipeline between its
Cornudas Compressor Station at milepost (MP) 144.5 and its Clint Meter
Station at MP 186.5. The two pipeline segments are adjacent to each
other, offset by about 10 feet, and within the same permanent right-of-
way. Activities El Paso would conduct related to the abandonment
include disconnecting each end of the abandoned pipeline segments from
its other facilities; and removing one mainline valve, three cathodic
protection stations, and about 338 feet of station piping at the
Cornudas Compressor Station. DKM would salvage the two 42-mile-long
pipeline segments and aboveground ancillary facilities subject to the
terms of its purchase and sales agreement with El Paso and applicable
regulations and permits. El Paso states that the easements associated
with the abandoned pipelines would revert to the landowners.
    The general location of the project facilities is shown in appendix
1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called ``eLibrary'' or from the Commission's Public
Reference Room, 888 First Street NE., Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.
---------------------------------------------------------------------------

Land Requirements for Abandonment

    El Paso proposes abandoning these facilities by sale to DKM. It
states that all of its abandonment and DKM's salvage activities would
be conducted within El Paso's existing right-of-way, and that no
additional workspaces for access or storage of materials or equipment
would be needed. Therefore, there would be no new land requirements.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\2\ to discover and address concerns the public may have about
proposals. This process is referred to as ``scoping.'' The main goal of
the scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. We will
consider all filed comments during the preparation of the EA.
---------------------------------------------------------------------------

    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the proposed project under these
general headings:
     geology and soils;
     land use;
     water resources, fisheries, and wetlands;
     cultural resources;
     vegetation and wildlife;
     air quality and noise;
     endangered and threatened species; and
     cumulative resources.
    We will also evaluate reasonable alternatives to the proposed
project or portions of the project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through the Commission's
eLibrary. Depending on the comments received during the scoping
process, we may also publish and distribute the EA to the public for an
allotted comment period. We will consider all comments on the EA before
we make our recommendations to the Commission. To ensure we have the
opportunity to consider and address your comments, please carefully
follow the instructions in the Public Participation section beginning
on page 4.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues of
this project to formally cooperate with us in the preparation of the
EA.\3\ Agencies that

would like to request cooperating agency status should follow the
instructions for filing comments provided under the Public
Participation section of this notice.
---------------------------------------------------------------------------

    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
---------------------------------------------------------------------------

Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the applicable State Historic Preservation Office (SHPO), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the project's potential effects on
historic properties.\4\ We will define the project-specific Area of
Potential Effects (APE) in consultation with the SHPO as the project
develops. On natural gas facility projects, the APE at a minimum
encompasses all areas subject to ground disturbance (examples include
construction right-of-way, contractor/pipe storage yards, compressor
stations, and access roads). Our EA for this project will document our
findings on the impacts on historic properties and summarize the status
of consultations under section 106.
---------------------------------------------------------------------------

    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send your comments so
that the Commission receives them in Washington, DC on or before April
14, 2014.
    For your convenience, there are three methods which you can use to
submit your comments to the Commission. In all instances please
reference the project docket number (CP14-83-000) with your submission.
The Commission encourages electronic filing of comments and has expert
staff available to assist you at<PHONE_NUMBER> or<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for interested persons to
submit brief, text-only comments on a project;
    (2) You can file your comments electronically using the eFiling
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.

Environmental Mailing List

    The environmental mailing list federal, state, and local government
representatives and agencies; elected officials; environmental and
public interest groups; Native American Tribes; other interested
parties; and local libraries and newspapers. This list also includes
all affected landowners (as defined in the Commission's regulations)
who are potential right-of-way grantors, whose property may be used
temporarily for project purposes, or who own homes within certain
distances of aboveground facilities, and anyone who submits comments on
the project. We will update the environmental mailing list as the
analysis proceeds to ensure that we send the information related to
this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
proposed project.
    If we publish and distribute the EA, copies will be sent to the
environmental mailing list for public review and comment. If you would
prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (appendix 2).

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are in
the User's Guide under the ``e-filing'' link on the Commission's Web
site.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site at www.ferc.gov using the ``eLibrary'' link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., CP14-
83-000). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: March 14, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-06313 Filed 3-21-14; 8:45 am]
BILLING CODE 6717-01-P