[Federal Register Volume 75, Number 215 (Monday, November 8, 2010)]
[Rules and Regulations]
[Pages 68467-68468]
[FR Doc No: 2010-28236]

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DEPARTMENT OF TRANSPORTATION

49 CFR Part 39

[Docket OST-2007-26829]
RIN 2105-AB87

Transportation for Individuals With Disabilities: Passenger
Vessels

AGENCY: Department of Transportation, Office of the Secretary.

ACTION: Response to comments; stay of effective date.

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SUMMARY: On July 6, 2010, the Department of Transportation issued a new
Americans with Disabilities Act (ADA) final rule to ensure
nondiscrimination on the basis of disability by passenger vessel
operators (PVOs). The final rule requested comment on three issues:
Service animals, mobility devices, and the consistency of the rule with
recent Department of Justice ADA rules. This document responds to those
comments and makes certain adjustments in effective dates for the final
rule.

DATES: 49 CFR 39.39 is stayed effective from November 8, 2010 through
January 3, 2012; the remainder of 49 CFR part 39 is stayed effective
from November 8, 2010 through January 3, 2011.

FOR FURTHER INFORMATION CONTACT: Robert C. Ashby, Deputy Assistant
General Counsel for Regulation and Enforcement, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W94-302, Washington,
DC 20590.<PHONE_NUMBER> (voice);<PHONE_NUMBER> (TDD);
<EMAIL_ADDRESS>(e-mail).

SUPPLEMENTARY INFORMATION: After a lengthy, open, and inclusive
rulemaking process including an advance notice of proposed rulemaking
(ANPRM), a notice of proposed rulemaking (NPRM), public meetings, and
consultation with the Access Board and the Department of Justice (DOJ),
the Department of Transportation issued a final rule (49 CFR part 39)
applying the ADA to the policies and practices of passenger vessel
operators (PVOs). The rule was issued on July 6, 2010 (75 FR 38878)
with an effective date of November 3, 2010. The final rule included a
request for comment on three issues: service animals, mobility aids,
and the general consistency of Part 39 with recent DOJ rules under
Titles II and III of the ADA. The Department worked closely with DOJ to
ensure that part 39, as published, is fully consistent with DOJ ADA
rules. The question raised in the request for comments was whether it
would be appropriate for the Department to make changes to the rule
that could differ from the DOJ rules in some respects.
    The Department received over 30 comments. About two-thirds of these
were from advocates of psychiatric service animals (PSAs). They
supported considering such animals to be service animals and opposed
permitting emotional service animals (ESAs) to be considered as service
animals. Two disability organizations supported the use of ESAs on
ships and urged the Department to permit them to travel with their
users. The Department is not making any changes in its rules in
response to these comments. Part 39's existing definition of service
animals encompasses PSAs. The preamble to the final rule made clear
that ESAs, consistent with DOJ rules, are not considered to be service
animals that PVOs are required to accommodate, though the Department
said that it is a good idea for PVOs to accept ESAs.
    Two organizations representing PVOs commented on the rule. Both
urged that the Department's rules be consistent with those of DOJ. DOT
regards its existing rules as being consistent with those of DOJ, in
general as well as with respect to particular matters such as service
animals and mobility aids. The Department is not making any substantive
changes to its rules, which consequently will remain consistent with
those of DOJ.
    One of these organizations pointed out that the DOJ ADA rules
become effective in six months rather than four, and that a DOJ
provision on hotel reservations had an 18-month effective date. It
asked that DOT change its effective dates to be consistent with these
DOJ dates. The Department believes that these requests are reasonable.
Consequently, we are changing the effective date for most provisions of
the rule from November 3, 2010, to January 3, 2011. In addition to
being consistent with the DOJ time frame, this extension will permit
more time for the Department to work on guidance and interpretations
that will assist regulated parties and the public to implement the new
rules smoothly. We will also extend the effective date for the cabin
reservations section of the rule to January 3, 2012. In addition to
being consistent with the DOJ time frame for hotel reservations, this
extension will provide additional time for PVOs to make necessary
changes to their computer systems to carry out the regulatory
requirements.
    Some commenters made comments outside the scope of the Department's
request for comment. One of the PVO organizations expressed its
disagreement with various provisions of the final rule and sought
clarification of others. Other comments asked for clarifications on
some issues, such as where complaints should be sent or coverage of
coastwise vessels carrying passengers not for hire. We will not respond
to those comments here, since they are beyond the scope of the
Department's request for comments, but we would note that, in the
normal course of business, the Department regularly provides
interpretations of or guidance concerning new regulatory provisions. We
will do so in the case of Part 39 where necessary and appropriate.

Regulatory Process Matters

    This stay of effective dates relates to an underlying final rule
that was significant for purposes of Executive Order 12886 and the
Department's Regulatory Policies and Procedures. However, this notice
makes no changes in the text of the final regulation, and the changes
to the effective date of the rule are not themselves significant. These
changes do not impose any additional costs or burdens on any regulated
parties, and they provide regulated entities, including small entities,
additional time to comply with the regulations. For this reason, the
Department certifies that these changes to the effective dates do not
impose significant economic effects on a substantial number of small
entities.

    Issued at Washington, DC, November 2, 2010.
Ray LaHood,
Secretary of Transportation.
[FR Doc. 2010-28236 Filed 11-5-10; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 77, Number 240 (Thursday, December 13, 2012)]
[Notices]
[Pages 74249-74252]
[FR Doc No: 2012-30106]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68387; File No. SR-FINRA-2012-053]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of Proposed Rule Change To Establish
Optional TRACE Data Delivery Services and Related Fees

December 7, 2012.
    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 November 30, 2012, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by FINRA. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to amend FINRA Rule 7730 to establish certain
optional Trade Reporting and Compliance Engine (``TRACE'') data
delivery services and fees in connection with such optional services.
    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA and at
the Commission's Public Reference Room.

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

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

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

 1. Purpose
    FINRA proposes to amend Rule 7730 to establish two new optional
TRACE data delivery services, TRACE Data Delivery Plus and TRACE Data
Delivery Secure File Transfer Protocol (``TRACE Data Delivery SFTP''),
and fees in connection with such optional services. Firms will have the
option to enroll in neither, one or both of these services.
Background
    The FINRA Automated Data Delivery System (``FINRA ADDS'') is a
secure Web site that provides a firm, by market participant identifier
(``MPID''), access to TRACE trade journal files. The TRACE trade
journal files in FINRA ADDS are available for Asset-Backed Securities
transactions as well as for corporate bonds and Agency Debt Securities
(``Corporate/Agency Debt Securities'').\3\ The Asset-Backed Securities
trade journal files are separate from the Corporate/Agency Debt
Securities trade journal files.
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    \3\ Transactions in Asset-Backed Securities began to be reported
to TRACE on May 16, 2011, and TRACE trade journal files on FINRA
ADDS are available from that date. See Regulatory Notice 11-20 (May
2011). Transactions in Corporate/Agency Debt Securities became
available on FINRA ADDS as a result of the migration of the
reporting of such securities and related data functions from legacy
TRACE technology to the Multi-Product Platform (``MPP''), which
occurred on February 6, 2012. See Regulatory Notice 11-53 (November
2011). Accordingly, the FINRA ADDS trade journal files for
Corporate/Agency Debt Securities transactions are available only for
transactions that are reported on or after February 6, 2012.
Corporate/Agency Debt Securities transactions reported prior to
February 6, 2012 are not available on FINRA ADDS.
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    Currently, to access the transaction information in FINRA ADDS, a
firm must have an MPID for trade reporting. Entitled users of the MPID
must submit a request for a trade journal file for a specified date,
which must be within 30 calendar days prior to the date of the request.
A ``report'' is provided in response to the firm's request.
    FINRA ADDS generates a separate report for each data archive
(Asset-Backed Securities or Corporate/Agency Debt Securities) requested
as well as a separate report for each date requested. Thus, a single
report is a trade journal file for one date listing all transactions to
which the requesting MPID was a party that were reported on that date

either in Asset-Backed Securities or Corporate/Agency Debt
Securities.\4\
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    \4\ The FINRA ADDS report provides all of the transaction
reports in which the MPID is a party to a transaction (whether the
trade was reported by the firm or otherwise reported) on the
specified date. The MPID also may request ``reject'' files (i.e.,
transaction reports submitted by the MPID that were not accepted by
the system due to missing or inaccurate information). If a firm uses
multiple MPIDs, persons authorized to use the specified MPID must
make the data request to FINRA ADDS and the data provided by FINRA
ADDS is limited to transactions involving that MPID.
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    The FINRA ADDS service is free, and there are no limits on the
number of requests for reports that a firm may make or the number of
firm personnel associated with a specified MPID that may submit such
requests. The FINRA ADDS reports can be used by firms to assist in
monitoring their trading and reporting activity and in performing other
business activities, such as compliance.
Proposed Optional Data Services and Proposed Fees
    Since FINRA ADDS was initiated in July 2011, FINRA has received
feedback from firms requesting access to more of the firm's TRACE
transaction history and increased flexibility to access such data. In
response, FINRA is proposing to establish two additional, optional data
delivery services, TRACE Data Delivery Plus and TRACE Data Delivery
SFTP, and proposed fees in connection with such optional services.
    TRACE Data Delivery Plus. TRACE Data Delivery Plus provides greater
access to TRACE trade journal files. With TRACE Data Delivery Plus, an
MPID subscriber will be able to obtain reports for Asset-Backed
Securities or Corporate/Agency Debt Securities transaction data for
transactions to which the MPID was a party that were reported more than
30 calendar days prior to the date of the MPID's request (i.e.,
transaction data in trade journal files no longer available through the
free FINRA ADDS service).\5\ For example, if on September 21, 2012, a
subscriber requests its transaction activity in Asset-Backed Securities
and Corporate/Agency Debt Securities reported on June 21, 2012 and June
22, 2012, the subscriber will receive four reports--one from the Asset-
Backed Securities trade journal files for transactions reported on June
21, 2012, a second report for such transactions reported on June 22,
2012, and two additional reports from the Corporate/Agency Debt
Securities trade journal files for the respective dates. Moreover, the
subscriber will be able to download the requested report(s) on demand.
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    \5\ As with the free FINRA ADDS service, firms interested in
TRACE Data Delivery Plus must subscribe per MPID. To access
transaction information for multiple MPIDs, a firm must obtain a
subscription for each MPID.
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    Subscribers to TRACE Data Delivery Plus also will have the option
to obtain automated daily delivery of the subscriber's TRACE trade
journal files to the FINRA ADDS Web site.\6\ Once a subscriber has
activated subscription preferences, the files to which the user
subscribes will automatically appear on the Web site each morning for
download by the user, eliminating the need for the user to submit file
requests. The automated daily delivery of the subscriber's TRACE trade
journal files to the Web site will not constitute a request for a
report for purposes of calculating the monthly fee described below.
Accordingly, if a subscriber has no other requests for reports, the
monthly fee would fall in the second column of the table below.
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    \6\ In contrast, firms using the free FINRA ADDS service must
submit a request for data (e.g., if an MPID wants daily delivery of
the prior day's Asset-Backed Security trade journal file, the MPID
must log in each day and submit a request).
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    To provide TRACE Data Delivery Plus, FINRA proposes to amend Rule
7730 to charge an MPID subscriber a monthly fee. The proposed monthly
fee is based on two factors: (1) The average number of transactions per
month to which the MPID was a party that was reported to TRACE in the
prior calendar year, which number is used to categorize the MPID in one
of four tiers; \7\ and (2) the number of FINRA ADDS reports received in
a given month for transaction data that is no longer available through
the free FINRA ADDS service (i.e., transaction data regarding
transactions that were reported more than 30 calendar days prior to the
date of the request) (``Plus reports'').\8\ The proposed monthly fees
for Plus reports are:
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    \7\ Once assigned to a tier, a subscriber remains in the tier
for the remainder of the calendar year. For example, an MPID that
subscribes in September 2012 will be assigned to a tier based upon
the TRACE transactions reported in 2011 in which the MPID was a
party, and will remain in that tier until December 31, 2012. In
2013, the MPID will be re-evaluated and assigned to a tier for 2013
fee purposes, based upon the MPID's trading in TRACE-Eligible
Securities in 2012.
    \8\ A subscriber's monthly fee would be assessed each month and
accordingly may vary during a calendar year, depending on the number
of reports FINRA sends to the subscriber in response to the
subscriber's requests. The TRACE Data Delivery Plus fee is based
upon the number of reports provided to avoid charging for data
requests that FINRA is unable to provide. For example, FINRA ADDS
would be unable to provide a report for a Corporate/Agency Debt
Securities trade journal file for a date prior to February 6, 2012,
the date such securities were migrated to the MPP.

----------------------------------------------------------------------------------------------------------------
                                                          0-5 Plus reports  6-25 Plus reports   >25 Plus reports
 Tier based on average number of transactions per month     received per       received per       received per
 MPID subscriber was a party to in prior calendar year         month              month              month
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Tier 1: 10,000+........................................                $60                $80               $100
Tier 2: 3,000-9,999....................................                 40                 55                 70
Tier 3: 500-2,999......................................                 20                 30                 40
Tier 4: <500...........................................                 10                 15                 20
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    TRACE Data Delivery SFTP. Firms also have requested an automated
interface to retrieve (without sending a request or query) their prior
day's TRACE trade journal files daily from FINRA ADDS. The new optional
TRACE Data Delivery SFTP will provide such a service, permitting an
MPID subscriber to retrieve the subscriber's prior day TRACE trade
journal files automatically via SFTP.
    FINRA proposes to amend Rule 7730 to establish two fees to provide
the TRACE Data Delivery SFTP: (1) A one-time set-up fee of $250 per
subscriber for TRACE Data Delivery SFTP; and (2) a monthly fee of $200
per subscriber.
    FINRA will announce the effective date of the proposed rule change
in a Regulatory Notice to be published no later than 60 days following
Commission approval. The effective date will be no later than 120 days
following publication of the Regulatory Notice announcing Commission
approval.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\9\ which requires, among
other things, that FINRA 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; and Section 15A(b)(5) of the Act,\10\ which
requires, among other things, that FINRA rules provide for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system that
FINRA operates or controls.
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    \9\ 15 U.S.C. 78o-3(b)(6).
    \10\ 15 U.S.C. 78o-3(b)(5).
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    FINRA believes that the proposed rule change to establish two
optional data delivery services subject to appropriate fees would
provide a member firm with access to more of its TRACE transaction
history and increased flexibility to access such data, which may assist
a member firm in monitoring its trading and reporting activity and in
performing other business activities. FINRA believes that providing
member firms an additional automated avenue to review pricing in and
the transaction history of the member firm's TRACE-Eligible Securities
transactions may enhance the member firm's oversight of its trading in
fixed income securities, which would promote market integrity and
provide for the protection of investors and the public generally.
    FINRA believes that the proposed rule change provides for the
equitable allocation of the proposed reasonable fees among all member
firms. The optional services would be accessible by all member firms,
subject to reasonable fees. As with fees for other optional data
services provided by FINRA, the proposed fees would be charged only to
those member firms that voluntarily opt to receive one or both of the
services. Only those member firms that elect to become subscribers and
use the optional services would incur the costs related to such
services. The fees proposed for TRACE Data Delivery Plus are equitably
allocated among those member firms that opt to subscribe in that the
fees are scaled according to both the average number of transactions in
TRACE-Eligible Securities per month per MPID and the number of
requested reports, such that higher volume users would be subject to
higher fees. Similarly, the fees proposed for TRACE Data Delivery SFTP
are equitably allocated among MPID subscribers in that the same setup
fees are charged to every member firm that elects to establish a secure
and automated interface with the subscriber, and the same monthly fee
is charged to all subscribers because each subscriber receives the same
service--an automated daily transmission of the subscriber's prior day
TRACE trade journal files.
    FINRA believes that the proposed fees are reasonable in light of
the costs and benefits provided by the corresponding services. In
creating such services, FINRA incurred costs related to data
warehousing, software and hardware upgrades and software programming,
as well as costs related to personnel to support and maintain such
services. The proposed fees are reasonable in that such fees are
designed to defray a portion of expenses incurred to establish,
operate, and administer the two optional services. The proposed fees
for TRACE Data Delivery Plus are reasonable as the fees would be scaled
according to both the average number of transactions in TRACE-Eligible
Securities per month per MPID and the number of requested reports. In
general, the fees are scaled such that those MPID subscribers having
fewer transactions per month and making fewer requests for reports per
month would have lower monthly fees while those subscribers reporting
larger numbers of transactions per month and making many requests for
reports would have higher monthly fees. The proposed one-time fee for
TRACE Data Delivery SFTP would permit FINRA to offset the expense of
establishing a secure and automated interface with the subscriber.
Moreover, the monthly TRACE Data Delivery SFTP fee is reasonable,
because it would provide an MPID subscriber the benefit of automating
its daily request for, and receipt of, the TRACE trading data from the
prior trade date, and likely reduce the costs of an MPID subscriber
that otherwise would make a daily request for such data, and also would
offset, in part, FINRA's expenses relating to maintaining the automated
daily transmission of TRACE data to subscribers and the secure and
automated interface with all subscribers to the service.
    FINRA believes that the services and the proposed fees are not
unfairly discriminatory because, in addition to the services being
voluntary, they would be available to all member firms on an equal
basis. The same range of services would be available to all members and
the proposed fees would be applicable to all interested members. Thus,
the proposed rule change would not unfairly discriminate between or
among similarly situated members as to the optional services or the
applicable fees.

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

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. As further detailed above,
FINRA is proposing to establish two optional data delivery services
subject to reasonable fees. Members that do not elect to receive such
data using the optional data delivery services will continue to have
the ability to access such data upon request at no charge. While such
members can continue to request such data for a specified date, which
must be within 30 calendar days prior to the date of the request, FINRA
does not believe that this alternative imposes a significant
operational burden on firms seeking access to TRACE trade journal files
at no charge.
    In addition, because the fees that will be charged for the two
optional data delivery services are both optional and reasonable in
amount, FINRA does not believe that the payment of such fees by any
member, or any group or class of members, will result in a burden on
competition to such industry members relative to other industry members
that elect not to subscribe to the optional services.

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

    Written comments were neither solicited nor received.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File

Number SR-FINRA-2012-053 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2012-053. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room on official business
days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for inspection and copying at the
principal office of FINRA. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Number
SR-FINRA-2012-053, and should be submitted on or before January 3,
2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-30106 Filed 12-12-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Notices]
[Pages 48458-48460]
[FR Doc No: 2023-15942]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-518-000]

NFEnerg[iacute]a LLC; Notice of Application and Establishing
Intervention Deadline

    Take notice that on July 18, 2023, NFEnerg[iacute]a LLC
(NFEnerg[iacute]a), 111 W 19th Street, New York, New York 10011, filed
a request under section 3 of the Natural Gas Act (NGA), and part 153 of
the Commission's regulations requesting authorization to permit
construction and interconnection of a new pipeline at its MFH Facility
located at the Port of San Juan, Puerto Rico (Project).
NFEnerg[iacute]a states that the U.S. Army Corps of Engineers' (USACE)
emergency temporary generation project, located adjacent to the Puerto
Rico Electric Power Authority's San Juan Power Plant, must interconnect
to an existing, available blind flange MFH Facility in order for that
project to meet its objectives timely. Thus, NFEnerg[iacute]a seeks
authorization to construct an interconnection of approximately 220 feet
of 10-inch-diameter pipeline to an existing, available blind flange at
the MFH Facility in order to deliver natural gas to USACE's project.
NFEnerg[iacute]a avers that the existing capacity at the MFH Facility
is adequate to make available the fuel necessary to support the
temporary power generation, all as more fully set forth in the
application which is on file with the Commission and open for public
inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (www.ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room. For assistance, contact the Federal Energy Regulatory
Commission at [email protected] or call toll-free, (886) 208-
3676 or TTY<PHONE_NUMBER>.
    Any questions regarding the proposed project should be directed to
Cameron MacDougall, General Counsel, NFEnerg[iacute]a LLC, 111 W 19th
Street, New York, New York 10011, by phone at<PHONE_NUMBER>, or by
email at [email protected].
    Pursuant to section 157.9 of the Commission's Rules of Practice and

Procedure,\1\ within 90 days of this Notice the Commission staff will
either: complete its environmental review and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or environmental
assessment (EA) for this proposal. The filing of an EA in the
Commission's public record for this proceeding or the issuance of a
Notice of Schedule for Environmental Review will serve to notify
federal and state agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
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    \1\ 18 CFR (Code of Federal Regulations) 157.9.
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Public Participation

    There are three ways to become involved in the Commission's review
of this project: you can file comments on the project, you can protest
the filing, and you can file a motion to intervene in the proceeding.
There is no fee or cost for filing comments or intervening. The
deadline for filing a motion to intervene is 5:00 p.m. Eastern Time on
July 25, 2023. How to file protests, motions to intervene, and comments
is explained below.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

Comments

    Any person wishing to comment on the project may do so. Comments
may include statements of support or objections, to the project as a
whole or specific aspects of the project. The more specific your
comments, the more useful they will be.

Protests

    Pursuant to sections 157.10(a)(4) \2\ and 385.211 \3\ of the
Commission's regulations under the NGA, any person \4\ may file a
protest to the application. Protests must comply with the requirements
specified in section 385.2001 \5\ of the Commission's regulations. A
protest may also serve as a motion to intervene so long as the
protestor states it also seeks to be an intervenor.
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    \2\ 18 CFR 157.10(a)(4).
    \3\ 18 CFR 385.211.
    \4\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
    \5\ 18 CFR 385.20013.
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    To ensure that your comments or protests are timely and properly
recorded, please submit your comments on or before July 25, 2023.
    There are three methods you can use to submit your comments or
protests to the Commission. In all instances, please reference the
Project docket number CP23-518-000 in your submission.
    (1) You may file your comments electronically by using the eComment
feature, which is located on the Commission's website at www.ferc.gov
under the link to Documents and Filings. Using eComment is an easy
method for interested persons to submit brief, text-only comments on a
project;
    (2) You may file your comments or protests electronically by using
the eFiling feature, which is located on the Commission's website
(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 will be asked to select the
type of filing you are making; first select ``General'' and then select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments or protests by
mailing them to the following address below. Your written comments must
reference the Project docket number (CP23-518-000).
    To file via USPS: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    To file via any other courier: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland
20852.
    The Commission encourages electronic filing of comments (options 1
and 2 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected].
    Persons who comment on the environmental review of this project
will be placed on the Commission's environmental mailing list, and will
receive notification when the environmental documents (EA or EIS) are
issued for this project and will be notified of meetings associated
with the Commission's environmental review process.
    The Commission considers all comments received about the project in
determining the appropriate action to be taken. However, the filing of
a comment alone will not serve to make the filer a party to the
proceeding. To become a party, you must intervene in the proceeding.
For instructions on how to intervene, see below.

Interventions

    Any person, which includes individuals, organizations, businesses,
municipalities, and other entities,\6\ has the option to file a motion
to intervene in this proceeding. Only intervenors have the right to
request rehearing of Commission orders issued in this proceeding and to
subsequently challenge the Commission's orders in the U.S. Circuit
Courts of Appeal.
---------------------------------------------------------------------------

    \6\ 18 CFR 385.102(d).
---------------------------------------------------------------------------

    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \7\ and the regulations under the NGA \8\ by the
intervention deadline for the project, which is July 25, 2023. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
the your interest in the proceeding. For an individual, this could
include your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
---------------------------------------------------------------------------

    \7\ 18 CFR 385.214.
    \8\ 18 CFR 157.10.
---------------------------------------------------------------------------

    There are two ways to submit your motion to intervene. In both
instances, please reference the Project docket number CP23-518-000 in
your submission.
    (1) You may file your motion to intervene by using the Commission's
eFiling feature, which is located on the Commission's website
(www.ferc.gov) under the link to Documents and Filings. New eFiling
users must first create an account by clicking on ``eRegister.'' You
will be asked to select the type of filing you are making; first

select ``General'' and then select ``Intervention.'' The eFiling
feature includes a document-less intervention option; for more
information, visit https://www.ferc.gov/docs-filing/efiling/document-less-intervention.pdf; or
    (2) You can file a paper copy of your motion to intervene, along
with three copies, by mailing the documents to the address below. Your
motion to intervene must reference the Project docket number CP23-518-
000.
    To file via USPS: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    To file via any other courier: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland
20852.
    The Commission encourages electronic filing of motions to intervene
(option 1 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected].
    Protests and motions to intervene must be served on the applicant
either by mail or email at: Cameron MacDougall, General Counsel,
NFEnerg[iacute]a LLC, 111 W 19th Street, New York, New York 10011, or
at email at [email protected]. Any subsequent submissions by an
intervenor must be served on the applicant and all other parties to the
proceeding. Contact information for parties can be downloaded from the
service list at the eService link on FERC Online. Service can be via
email with a link to the document.
    All timely, unopposed \9\ motions to intervene are automatically
granted by operation of Rule 214(c)(1).\10\ Motions to intervene that
are filed after the intervention deadline are untimely, and may be
denied. Any late-filed motion to intervene must show good cause for
being late and must explain why the time limitation should be waived
and provide justification by reference to factors set forth in Rule
214(d) of the Commission's Rules and Regulations.\11\ A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies (paper or
electronic) of all documents filed by the applicant and by all other
parties.
---------------------------------------------------------------------------

    \9\ The applicant has 15 days from the submittal of a motion to
intervene to file a written objection to the intervention.
    \10\ 18 CFR 385.214(c)(1).
    \11\ 18 CFR 385.214(b)(3) and (d).
---------------------------------------------------------------------------

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission 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. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.
    Intervention Deadline: 5:00 p.m. Eastern Time on July 25, 2023.

    Dated: July 21, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-15942 Filed 7-26-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Rules and Regulations]
[Pages 95473-95475]
[FR Doc No: 2016-31225]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0393; FRL-9955-62-Region 9]

Approval of California Air Plan Revisions, Great Basin Unified
Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the Great Basin Unified Air Pollution
Control District (GBUAPCD) portion of the California State
Implementation Plan (SIP). This revision concerns emissions of
particulate matter at Owens Lake, CA.

We are approving a local rule that regulates these emissions under the
Clean Air Act (CAA or the Act).

DATES: This rule will be effective on January 27, 2017.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2016-0393. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX,
(415) 947-4125<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On September 13, 2016 (81 FR 62849), the EPA proposed to approve
the following rule into the California SIP.

----------------------------------------------------------------------------------------------------------------
             Local agency                  Rule No.            Rule title             Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
GBUAPCD...............................             433  Control of Particulate          04/13/16        06/09/16
                                                         Emissions at Owens Lake.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve this rule because we determined that it
complied with the relevant CAA requirements. Our proposed action
contains more information on the rule and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period.
During this period, we received one comment that was submitted
anonymously.
    Comment: The comment begins, ``I don't see why this would not be
approved right away,'' and generally supports the EPA's proposal to
approve Rule 433. The comment also includes general statements and
questions such as ``the fact that `Indian' is still the term being used
in this proposed rule is troublesome,'' ``it would be nice to see them
go above and beyond the EPA's suggested guidelines,'' ``what does this
mean for the Indigenous land,'' ``who is in charge of regulation,''
``how will this alter the particle [sic] matters given off by this
lakebed,'' ``what happened to cause this lakebed to behave in such a
way . . . shouldn't that be looked into instead of altering the way
nature is now,'' and ``instead of being a reactive society we should be
more proactive and investigate into `unintended consequences' more so
than we do now.''
    Response: The comment generally supports EPA's proposed approval of
Rule 433. The comment does not provide specific information related to
the basis for EPA's proposed approval and does not request any changes
to our proposed action. In addition, most of the statements and
questions in the comment are not relevant to EPA's action approving
Rule 433 or are outside of the scope of this action. For those reasons,
the EPA is finalizing its proposed approval of Rule 433 without change
based on the comment.

III. EPA Action

    No comments were submitted that change our assessment of the rule
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is fully approving this rule into
the California SIP.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
GBUAPCD rule described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these documents
available through www.regulations.gov and at the EPA Region IX Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of

Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 27, 2017. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.

    Dated: November 10, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(483) to read as
follows:

Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (483) A new regulation was submitted on June 9, 2016 by the
Governor's Designee.
    (i) Incorporation by Reference.
    (A) Great Basin Unified Air Pollution Control District.
    (1) Rule 433, ``Control of Particulate Emissions at Owens Lake,''
adopted on April 13, 2016.

[FR Doc. 2016-31225 Filed 12-27-16; 8:45 am]
BILLING CODE 6560-50-P