[Federal Register Volume 76, Number 156 (Friday, August 12, 2011)]
[Rules and Regulations]
[Pages 50117-50123]
[FR Doc No: 2011-20413]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Parts 210, 229, 230, 239, 240, 249, 270, and 274

[Release Nos. 33-9250; 34-65052; IC-29748]

Commission Rules and Forms Related to the FASB's Accounting
Standards Codification

AGENCY: Securities and Exchange Commission.

ACTION: Final rule; technical amendments.

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SUMMARY: The Securities and Exchange Commission (``Commission'') is
adopting technical amendments to various rules and forms under the
Securities Act of 1933, the Securities Exchange Act of 1934, and the
Investment Company Act of 1940. These revisions are necessary to
conform those rules and forms to the FASB Accounting Standards
Codification\TM\ (``FASB Codification'').\1\ The technical amendments
include revision of certain rules in Regulation S-X, certain items in
Regulation S-K, and various rules and forms prescribed under the
Securities Act, Exchange Act and Investment Company Act.
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    \1\ ``FASB Accounting Standards Codification'' is a registered
trademark of the Financial Accounting Foundation.

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DATES: Effective Date: August 12, 2011.

FOR FURTHER INFORMATION CONTACT: Jenifer Minke-Girard, Senior Associate
Chief Accountant, or Annemarie Ettinger, Senior Special Counsel, at
(202) 551-5300, Office of the Chief Accountant, or Angela Crane,
Associate Chief Accountant, at<PHONE_NUMBER>, Division of Corporation
Finance, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549.

SUPPLEMENTARY INFORMATION: We are adopting technical amendments to each
of the following provisions of

Regulation S-X,\2\ Regulation S-K,\3\ and the rules and forms under the
Securities Act of 1933 \4\ (the ``Securities Act''), the Securities
Exchange Act of 1934 \5\ (the ``Exchange Act''), and the Investment
Company Act of 1940 \6\ (the ``Investment Company Act''):
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    \2\ 17 CFR 210.
    \3\ 17 CFR 229.
    \4\ 15 U.S.C. 77a et seq. Additionally, the Commission has
authorized the staff to issue technical amendments to Industry
Guides 3 and 7 to conform the guides to the FASB Codification. The
Industry Guides serve as expressions of the policies and practices
of the Division of Corporation Finance. They are of assistance to
issuers, their counsel, and others preparing registration statements
and reports, as well as to the Commission's staff. The Industry
Guides are not rules, regulations, or statements of the Commission.
The Commission has neither approved nor disapproved these
interpretations. See Release No. 33-6384 (Mar. 16, 1982) [47 FR
11476].
    \5\ 15 U.S.C. 78a et seq.
    \6\ 15 U.S.C. 80a-1 et seq.
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     Rules 1-02, 4-01, 4-08, 4-10, and 10-01 of Regulation S-
X.\7\
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    \7\ 17 CFR 210.1-02, 210.4-01, 210.4-08, 210.4-10, and 210.10-
01.
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     Items 101, 201, 302, 303, 305, 402, 503, 601, and 1204 of
Regulation S-K.\8\
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    \8\ 17 CFR 229.101, 229.201, 229.302, 229.303, 229.305, 229.402,
229.601, and 229.1204.
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     Securities Act Rule 175.\9\
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    \9\ 17 CFR 230.175.
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     Securities Act Forms S-4 and 1-A.\10\
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    \10\ 17 CFR 239.25 and 239.90.
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     Exchange Act Rules 3b-6 and 17h-1T.\11\
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    \11\ 17 CFR 240.3b-6 and 240.17h-1T.
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     Exchange Act Forms 20-F, 40-F, 8-K, and 17-H.\12\
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    \12\ 17 CFR 249.220f, 249.240f, 249.308, and 249.328T.
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     Investment Company Act Rule 3a-8.\13\
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    \13\ 17 CFR 270.3a-8.
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     Investment Company Act Forms N-1A, N-3, N-4, and N-6.\14\
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    \14\ 17 CFR 239.15A and 274.11A; 17 CFR 239.17a and 274.11b; 17
CFR 239.17b and 274.11c; and 17 CFR 239.17c and 274.11d.
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I. Background

    Section 108 of the Sarbanes-Oxley Act of 2002 \15\ (the ``Sarbanes-
Oxley Act'') amended Section 19(b) of the Securities Act \16\ to
provide that the Commission may recognize, as generally accepted for
purposes of the securities laws, any accounting principles established
by a standard-setting body that meets specified criteria. On April 25,
2003, the Commission issued a policy statement concluding that the
Financial Accounting Standards Board (``FASB'') and its parent
organization, the Financial Accounting Foundation, satisfied the
criteria for an accounting standard-setting body under the Sarbanes-
Oxley Act, and recognizing the FASB's financial accounting and
reporting standards as ``generally accepted'' for purposes of the
Federal securities laws.\17\
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    \15\ 15 U.S.C. 7201 et seq.
    \16\ 15 U.S.C. 77s(b).
    \17\ See Commission Statement of Policy Reaffirming the Status
of the FASB as a Designated Private-Sector Standard Setter, Release
No. 33-8221 (April 25, 2003) [68 FR 23333].
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    On June 30, 2009, the FASB issued FASB Statement of Financial
Accounting Standards No. 168, The FASB Accounting Standards
Codification\TM\ and the Hierarchy of Generally Accepted Accounting
Principles--a replacement of FASB Statement No. 162 (``Statement No.
168''), to establish the FASB Codification as the source of
authoritative non-Commission accounting principles recognized by the
FASB to be applied by nongovernmental entities in the preparation of
financial statements in conformity with U.S. generally accepted
accounting principles (``U.S. GAAP''). Statement No. 168 became
effective for financial statements issued for interim and annual
periods ending after September 15, 2009. The FASB Codification
reorganizes existing U.S. accounting and reporting standards issued by
the FASB and other related private-sector standard setters. All
guidance contained in the FASB Codification carries an equal level of
authority.\18\
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    \18\ The FASB Codification is available at http://asc.fasb.org/home.
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    The FASB Codification affects those Commission rules, regulations,
releases, and staff bulletins (collectively referred to in this release
as ``Commission rules and staff guidance'') that refer to specific FASB
standards or other private sector standard-setter literature under U.S.
GAAP, because such references are now superseded by the FASB
Codification. As is discussed further below, on August 18, 2009, the
Commission issued interpretive guidance \19\ to avoid confusion on the
part of issuers, auditors, investors, and other users of financial
statements about the use of U.S. GAAP references in Commission rules
and staff guidance.
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    \19\ Release No. 33-9062A (Aug. 18, 2009) [74 FR 42772].
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II. Discussion

    Many parts of Commission rules and staff guidance include direct
references to specific standards under U.S. GAAP. For example,
Regulation S-X--which, together with the Commission's Financial
Reporting Releases, sets forth the form and content of and requirements
for financial statements required to be filed with the Commission
\20\--includes references to specific standards under U.S. GAAP.\21\ In
addition, some parts of Commission rules and staff guidance outside of
the financial statement context include references to specific
standards under U.S. GAAP, such as in Item 402 of Regulation S-K
regarding disclosure of executive compensation.\22\
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    \20\ See 17 CFR 210.1-01.
    \21\ See, e.g., Rule 1-02(u) of Regulation S-X [17 CFR 210.1-
02(u)], which defines the term ``related parties'' by reference to
FASB Statement of Financial Accounting Standards No. 57, Related
Party Disclosures.
    \22\ See 17 CFR 229.402.
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    In its August 18, 2009 interpretive release, the Commission noted
that given the possible confusion between Commission rules and staff
guidance, on the one hand, and the FASB's Codification, on the other
hand, effective immediately, references in Commission rules and staff
guidance to specific standards under U.S. GAAP should be understood to
mean the corresponding reference in the FASB Codification. In the
August 18, 2009 release, the Commission stated that it intended to
embark on a longer term rulemaking and updating initiative to revise
comprehensively specific references to specific standards under U.S.
GAAP in the Commission's rules and staff guidance. This release is a
result of that initiative with respect to the Commission's rules and
forms.\23\
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    \23\ References to U.S. GAAP in Commission staff guidance in the
codification of Staff Accounting Bulletins have been updated as a
result of SAB No. 114 issued on March 7, 2011, available at http://www.sec.gov/interps/account/sab114.pdf. In addition, the Commission
is adopting a technical amendment to the heading of Part 210 of the
Code of Federal Regulations to remove a reference to the Public
Utility Holding Company Act of 1935, which was repealed by the
Energy Policy Act of 2005. Public Law 109-58 Sec.  1263, 119 Stat.
624, 974 (2005).
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    Most of the technical amendments in this release result from a
straightforward conversion of the prior U.S. GAAP reference to the
corresponding reference in the FASB Codification. For a few specific
references, the specific U.S. GAAP standard referenced in the
Commission rule or form was superseded by the FASB prior to the
establishment of the FASB Codification. In these instances, the
particular term referenced in the Commission rule or form is no longer
used in U.S. GAAP, or has a meaning different than under the prior
referenced standard. In these instances, these amendments either delete
the prior U.S. GAAP reference without replacement where it is no longer
needed, or incorporates directly into the Commission rule or form the
definition that had been used in the now-superseded standard in U.S.

GAAP, as appropriate. All of the changes are technical in nature and
none of the changes are intended to represent a substantive change in
the underlying rules or forms.

III. Certain Findings

    Under the Administrative Procedure Act, a notice of proposed
rulemaking is not required when the agency, for good cause, finds that
notice and public comment are impracticable, unnecessary, or contrary
to the public interest.\24\ These amendments are technical changes to
eliminate obsolete terminology and revise reporting and disclosure
requirements as necessary to achieve consistency between the
Commission's compliance requirements and the FASB Codification. Because
no one is likely to want to comment on such non-substantive, technical
amendments, the Commission finds that it is unnecessary to publish
notice of these amendments.\25\
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    \24\ 5 U.S.C. 553(b).
    \25\ For similar reasons, the amendments do not require analysis
under the Regulatory Flexibility Act or analysis of major rule
status under the Small Business Regulatory Enforcement Fairness Act.
See 5 U.S.C. 601(2) (for purposes of Regulatory Flexibility Act
analysis, the term ``rule'' means any rule for which the agency
publishes a general notice of proposed rulemaking); and 5 U.S.C.
804(3)(C) (for purposes of Congressional review of agency
rulemaking, the term ``rule'' does not include any rule of agency
organization, procedure or practice that does not substantially
affect the rights or obligations of non-agency parties).
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    The Administrative Procedure Act also requires publication of a
rule at least 30 days before its effective date unless the agency finds
otherwise for good cause.\26\ Because the amendments are non-
substantive, and no affected parties would need time to learn of the
changes and modify their practices, the Commission finds there is good
cause for the amendments to take effect on August 12, 2011.
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    \26\ See 5 U.S.C. 553(d)(3).
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IV. Consideration of Competitive Effects of Amendments

    Section 23(a)(2) of the Exchange Act requires the Commission, in
adopting rules under the Exchange Act, to consider the competitive
effects of such rules, if any, and to refrain from adopting a rule that
would impose a burden on competition not necessary or appropriate in
furtherance of the purposes of the Exchange Act.\27\ Because these
amendments merely make technical changes to update references to
applicable paragraphs, subtopics, or topics in the FASB Codification,
we do not anticipate any competitive advantages or disadvantages will
be created.
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    \27\ 15 U.S.C. 78w(a)(2).
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V. Statutory Basis and Text of Amendments

    We are adopting these technical amendments pursuant to Sections 6,
7, 10, and 19 of the Securities Act,\28\ Sections 3, 10, 12, 13, 14,
15, 17, and 23 of the Exchange Act,\29\ and Sections 8, 20(a), 24, 30,
and 38 of the Investment Company Act.\30\
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    \28\ 15 U.S.C. 77f, 77g, 77j, and 77s(a).
    \29\ 15 U.S.C. 78c, 78j, 78l, 78m, 78n, 78o, 78q, and 78w.
    \30\ 15 U.S.C. 80a-8, 80a-20, 80a-24, 80a-29, and 80a-37.
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List of Subjects

17 CFR Part 210

    Accountants, Accounting, Reporting and recordkeeping requirements,
Securities.

17 CFR Parts 229, 239, and 249

    Reporting and recordkeeping requirements, Securities.

17 CFR Part 230

    Advertising, Reporting and recordkeeping requirements, Securities.

17 CFR Part 240

    Brokers, Reporting and recordkeeping requirements, Securities.

17 CFR Parts 270 and 274

    Investment companies, Reporting and recordkeeping requirements,
Securities.

Text of Amendments

    For the reasons set out in the preamble, Title 17, Chapter II, of
the Code of Federal Regulations is amended as follows:

PART 210--FORM AND CONTENT OF AND REQUIREMENTS FOR FINANCIAL
STATEMENTS, SECURITIES ACT OF 1933, SECURITIES EXCHANGE ACT OF
1934, INVESTMENT COMPANY ACT OF 1940, INVESTMENT ADVISERS ACT OF
1940, AND ENERGY POLICY AND CONSERVATION ACT OF 1975

0
1. The authority citation for Part 210 continues to read as follows:

    Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, 77z-2, 77z-3,
77aa(25), 77aa(26), 77nn(25), 77nn(26), 78c, 78j-1, 78l, 78m, 78n,
78o(d), 78q, 78u-5, 78w, 78ll, 78mm, 80a-8, 80a-20, 80a-29, 80a-30,
80a-31, 80a-37(a), 80b-3, 80b-11, 7202, and 7262, unless otherwise
noted.

0
2. The part heading is revised to read as shown above.

Sec.  210.1-02  [Amended]

0
3. In Sec.  210.1-02 amend paragraph (u) by removing ``the Glossary to
Statement of Financial Accounting Standards No. 57, `Related Party
Disclosures' '' and adding in its place ``the FASB ASC Master
Glossary''.

Sec.  210.4-01  [Amended]

0
4. In Sec.  210.4-01:
0
a. Amend paragraph (a)(3)(i) introductory text by removing ``Statement
of Financial Accounting Standards No. 123 (revised 2004), Share-Based
Payment (`Statement No. 123R')'' and adding in its place ``FASB ASC
Topic 718, Compensation--Stock Compensation'' and by removing
``Statement No. 123R'' and adding in its place ``FASB ASC Topic 718''.
0
b. Amend paragraph (a)(3)(ii) by removing ``both Statement No. 123R and
Statement of Financial Accounting Standards No. 123, Accounting for
Stock-Based Compensation (October 1995),'' and adding in its place
``FASB ASC Topic 718 and prior authoritative guidance''.

Sec.  210.4-08  [Amended]

0
5. In Sec.  210.4-08:
0
a. Amend paragraph (h)(3) by removing ``Statement of Financial
Accounting Standards 109, Accounting for Income Taxes'' and adding in
its place ``FASB ASC Topic 740, Income Taxes''.
0
b. Amend Instruction 1(i) to the Instructions to Paragraph (n) by
removing ``Financial Accounting Standards Board (`FASB'), Statement of
Financial Accounting Standards No. 119, `Disclosure about Derivative
Financial Instruments and Fair Value of Financial Instruments,' (`FAS
119') paragraphs 5-7, (October 1994)'' and adding in its place ``FASB
ASC Master Glossary''.
0
c. Amend Instruction 2 to the Instructions to Paragraph (n) by removing
``has the same meaning as defined by generally accepted accounting
principles (see, e.g., FAS 119, paragraph 9a (October 1994))'' and
adding in its place ``means dealing and other trading activities
measured at fair value with gains and losses recognized in earnings''.
0
d. Amend Instruction 3 of the Instructions to Paragraph (n) by removing
``(see, e.g., FASB, Statement of Financial Accounting Standards No. 80,
`Accounting for Futures Contracts,' paragraph 9, (August 1984))''.

Sec.  210.4-10  [Amended]

0
6. In Sec.  210.4-10 amend paragraph (b) by removing ``Statement of
Financial

Accounting Standards No. 19, as amended'' and adding in its place
``FASB ASC Topic 932, Extractive Activities--Oil and Gas''.

Sec.  210.10-01  [Amended]

0
7. In Sec.  210.10-01:
0
a. Amend paragraph (a)(7) by removing ``Statement of Financial
Accounting Standards No. 7, `Accounting and Reporting by Development
Stage Enterprises' '' and adding in its place ``FASB ASC Topic 915,
Development Stage Entities,''.
0
b. Amend paragraph (b)(5) by removing ``disposed of any significant
segment of its business (as defined in paragraph 13 of Accounting
Principles Board Opinion No. 30)'' and adding in its place ``reported a
discontinued operation (as required by FASB ASC Subtopic 205-20,
Presentation of Financial Statements--Discontinued Operations)''.

PART 229--STANDARD INSTRUCTIONS FOR FILING FORMS UNDER SECURITIES
ACT OF 1933, SECURITIES EXCHANGE ACT OF 1934 AND ENERGY POLICY AND
CONSERVATION ACT OF 1975--REGULATION S-K

0
8. The authority citation for Part 229 continues to read in part as
follows:

    Authority: 15 U.S.C. 77e, 77f, 77g, 77h, 77j, 77k, 77s, 77z-2,
77z-3, 77aa(25), 77aa(26), 77ddd, 77eee, 77ggg, 77hhh, 777iii,
77jjj, 77nnn, 77sss, 78c, 78i, 78j, 78l, 78m, 78n, 78n-1, 78o, 78u-
5, 78w, 78ll, 78mm, 80a-8, 80a-9, 80a-20, 80a-29, 80a-30, 80a-31(c),
80a-37, 80a-38(a), 80a-39, 80b-11, and 7201 et seq.; and 18 U.S.C.
1350, unless otherwise noted.
* * * * *

Sec.  229.101  [Amended]

0
9. In Sec.  229.101 amend Instruction 2 of the Instructions to Item 101
by removing ``SFAS No. 131'' and adding in its place ``FASB ASC Topic
280, Segment Reporting,''.

Sec.  229.201  [Amended]

0
10. In Sec.  229.201 amend Instruction 1 of the Instructions to
Paragraph (d) by removing ``Statement of Financial Accounting Standards
No. 123, Accounting for Stock-Based Compensation, or any successor
standard'' and adding in its place ``FASB ASC Topic 718, Compensation--
Stock Compensation, and FASB ASC Subtopic 505-50, Equity--Equity-Based
Payments to Non-Employees''.

Sec.  229.302  [Amended]

0
11. In Sec.  229.302:
0
a. Amend paragraph (b) by removing ``paragraphs 9-34 of Statement of
Financial Accounting Standards (`SFAS') No. 69, `Disclosures about Oil
and Gas Producing Activities.' If such oil and gas producing activities
are regarded as significant under one or more of the tests set forth in
paragraph 8 of SFAS No. 69.'' and adding in its place ``FASB ASC Topic
932, Extractive Activities--Oil and Gas, if such oil and gas producing
activities are regarded as significant under one or more of the tests
set forth in FASB ASC Subtopic 932-235, Extractive Activities--Oil and
Gas--Notes to Financial Statements, for `Significant Activities.' ''.
0
b. Amend Instruction 1 of the Instructions to paragraph (b) by removing
``SFAS No. 69'' each time it appears and adding in its place ``FASB ASC
Subtopic 932-235''.

Sec.  229.303  [Amended]

0
12. In Sec.  229.303:
0
a. Amend paragraph (a)(4)(ii)(A) by removing ``paragraph 3 of FASB
Interpretation No. 45, Guarantor's Accounting and Disclosure
Requirements for Guarantees, Including Indirect Guarantees of
Indebtedness of Others (November 2002) (`FIN 45'), as may be modified
or supplemented, and that is not excluded from the initial recognition
and measurement provisions of FIN 45 pursuant to paragraphs 6 or 7 of
that Interpretation'' and adding in its place ``FASB ASC paragraph 460-
10-15-4 (Guarantees Topic), as may be modified or supplemented, and
that is not excluded from the initial recognition and measurement
provisions of FASB ASC paragraphs 460-10-15-7, 460-10-25-1, and 460-10-
30-1''.
0
b. Amend paragraph (a)(4)(ii)(C) by removing ``FASB Statement of
Financial Accounting Standards No. 133, Accounting for Derivative
Instruments and Hedging Activities (June 1998), pursuant to paragraph
11(a) of that Statement'' and adding in its place ``FASB ASC Topic 815,
Derivatives and Hedging, pursuant to FASB ASC subparagraph 815-10-15-
74(a)''.
0
c. Amend paragraph (a)(4)(ii)(D) by removing ``as referenced in FASB
Interpretation No. 46, Consolidation of Variable Interest Entities
(January 2003)'' and adding in its place ``as defined in the FASB ASC
Master Glossary''.
0
d. Amend paragraph (a)(5)(ii)(A) by removing ``FASB Statement of
Financial Accounting Standards No. 47 Disclosure of Long-Term
Obligations (March 1981)'' and adding in its place ``FASB ASC paragraph
470-10-50-1 (Debt Topic)''.
0
e. Amend paragraph (a)(5)(ii)(B) by removing ``FASB Statement of
Financial Accounting Standards No. 13 Accounting for Leases (November
1976)'' and adding in its place ``FASB ASC Topic 840, Leases''.
0
f. Amend paragraph (a)(5)(ii)(C) by removing ``FASB Statement of
Financial Accounting Standards No. 13 Accounting for Leases (November
1976)'' and adding in its place ``FASB ASC Topic 840''.
0
g. Amend Instruction 8 of the Instructions to paragraph 303(a) by
removing ``Statement of Financial Accounting Standards No. 89,
`Financial Reporting and Changing Prices' '' and adding in its place
``FASB ASC Topic 255, Changing Prices,''.
0
h. Amend Instruction 9 of the Instructions to paragraph 303(a) by
removing ``SFAS No. 89, `Financial Reporting and Changing Prices,' ''
and adding in its place ``FASB ASC Topic 255''.

Sec.  229.305  [Amended]

0
13. In Sec.  229.305:
0
a. Amend Instruction 1.C. of the Instructions to paragraph 305(a) by
removing ``FASB, Statement of Financial Accounting Standards No. 52,
`Foreign Currency Translation', (`FAS 52') paragraph 20 (December
1981)'' and adding in its place ``FASB ASC Master Glossary''.
0
b. Amend Instruction 2.B.vi. of the Instructions to paragraph 305(a) by
removing ``FAS 52 paragraph 20 (December 1981)'' and adding in its
place ``FASB ASC paragraph 830-20-35-3 (Foreign Currency Matters
Topic)''.
0
c. Amend Instruction 2.E. of the Instructions to paragraph 305(a) by
removing ``(see, e.g., FAS 52 Appendix E for a definition of currency
swap)''.
0
d. Amend Instruction 3.B. of the Instructions to paragraph 305(a) by
removing ``FASB, Statement of Financial Accounting Standards No. 5,
`Accounting for Contingencies,' (`FAS 5') paragraph 3 (March 1975)''
and adding in its place ``FASB ASC Master Glossary''.
0
e. Amend Instruction 3.C. of the Instructions to paragraph 305(a) by
removing ``generally AICPA, Statement of Position 94-6, `Disclosure of
Certain Significant Risks and Uncertainties,' (`SOP 94-6') at paragraph
7 (December 30, 1994)'' and adding in its place ``FASB ASC Master
Glossary''.
0
f. Amend Instruction 3.E. of the Instructions to paragraph 305(a) by
removing ``FAS 52'' and adding in its place ``FASB ASC Topic 830,
Foreign Currency Matters''.
0
g. Amend Instruction 4.B. of the Instructions to paragraph 305(a) by
removing ``FAS 5, paragraph 3 (March

1975)'' and adding in its place ``FASB ASC Master Glossary''.
0
h. Amend Instruction 4.C. of the Instructions to paragraph 305(a) by
removing ``generally SOP 94-6, at paragraph 7 (December 30, 1994)'' and
adding in its place ``FASB ASC Master Glossary''.
0
i. Amend Instruction 4.D. of the Instructions to paragraph 305(a) by
removing ``FAS 52'' and adding in its place ``FASB ASC Topic 830,
Foreign Currency Matters''.
0
j. Amend Instruction 3.A. of the General Instructions to paragraphs
305(a) and 305(b) by removing ``FASB, Statement of Financial Accounting
Standards No. 119, `Disclosure about Derivative Financial Instruments
and Fair Value of Financial Instruments,' (`FAS 119') paragraphs 5-7
(October 1994)'' and adding in its place ``FASB ASC Master Glossary''.
0
k. Amend Instruction 3.B. of the General Instructions to paragraphs
305(a) and 305(b) by removing ``FASB, Statement of Financial Accounting
Standards No. 107, `Disclosures about Fair Value of Financial
Instruments,' (`FAS 107') paragraphs 3 and 8 (December 1991)'' and
adding in its place ``FASB ASC paragraph 825-10-50-8 (Financial
Instruments Topic)''.
0
l. Amend Instruction 3.C.ii. of the General Instructions to paragraphs
305(a) and 305(b) by removing ``FAS 107, paragraph 8 (December 1991)''
and adding in its place ``FASB ASC paragraph 825-10-50-8''.
0
m. Amend Instruction 5.C. of the General Instructions to paragraphs
305(a) and 305(b) by removing ``FASB Interpretation No. 39, `Offsetting
of Amounts Related to Certain Contracts' (March 1992)'' and adding in
its place ``FASB ASC Subtopic 210-20, Balance Sheet--Offsetting''.
0
n. Amend Instruction 5.E. of the General Instructions to paragraphs
305(a) and 305(b) by removing ``generally SOP 94-6, at paragraph 7
(December 30, 1994)'' and adding in its place ``FASB ASC Master
Glossary''.
0
o. Amend Instruction 5.F. of the General Instructions to paragraphs
305(a) and 305(b) by removing ``FAS 5, paragraph 3 (March 1975)'' and
adding in its place ``FASB ASC Master Glossary''.
0
p. Amend Instruction 7 of the General Instructions to paragraphs 305(a)
and 305(b) by removing ``has the same meaning as defined by generally
accepted accounting principles (see, e.g., FAS 119, paragraph 9a
(October 1994))'' and adding in its place ``means dealing and other
trading activities measured at fair value with gains and losses
recognized in earnings'', and by removing ``(see, e.g., FASB, Statement
of Financial Accounting Standards No. 80, `Accounting for Futures
Contracts,' paragraph 9, (August 1984))''.

Sec.  229.402  [Amended]

0
14. In Sec.  229.402:
0
a. Amend paragraph (a)(6)(iii) by removing ``Financial Accounting
Standards Board Statement of Financial Accounting Standards No. 123
(revised 2004), Share-Based Payment, as modified or supplemented (`FAS
123R')'' and adding in its place ``FASB ASC Topic 718, Compensation--
Stock Compensation''.
0
b. Amend paragraphs (a)(6)(iv), (c)(2)(ix)(C), (d)(2)(viii),
(e)(1)(iii), (k)(2)(vii)(C), (m)(5)(iv), (n)(2)(ix)(C), and
(r)(2)(vii)(C) by removing ``FAS 123R'' each time it appears and adding
in its place ``FASB ASC Topic 718''.
0
c. Amend the Instruction to Item 402(k)(2)(iii) and (iv) by removing
``FAS 123R'' and adding in its place ``FASB ASC Topic 718''.
0
d. Amend paragraph (m)(5)(iii) by removing ``Financial Accounting
Standards Board Statement of Financial Accounting Standards No. 123
(revised 2004), Share-Based Payment, as modified or supplemented (`FAS
123R')'' and adding in its place ``FASB ASC Topic 718''.

Sec.  229.503  [Amended]

0
15. In Sec.  229.503 amend paragraph 1.(C) of the Instructions to
paragraph 503(d) by removing ``SFAS 71'' and adding in its place ``FASB
ASC Topic 980, Regulated Operations,''.

Sec.  229.601  [Amended]

0
16. In Sec.  229.601 amend paragraph (b)(11) by removing ``on both
primary and fully diluted basis'' and by removing ``even though the
amounts of per share earnings on the fully diluted bases are not
required to be presented in the income statement under the provisions
of Accounting Principles Board Opinion No. 15. That Opinion provides
that any reduction of less than 3% need not be considered as dilution
(see footnote to paragraph 14 of the Opinion) and that a computation on
the fully diluted basis which results in improvement of earnings per
share not be taken into account (see paragraph 40 of the Opinion)'' and
adding in its place ``on both a basic and diluted basis''.

Sec.  229.1204  [Amended]

0
17. In Sec.  229.1204:
0
a. Amend Instruction 4 to Item 1204 by removing ``SFAS 69'' and adding
in its place ``FASB ASC paragraph 932-235-50-24 (Extractive
Activities--Oil and Gas Topic)''.
0
b. Amend Instruction 5 to Item 1204 by removing ``SFAS 69'' and adding
in its place ``FASB ASC Topic 932, Extractive Activities--Oil and
Gas''.

PART 230--GENERAL RULES AND REGULATIONS, SECURITIES EXCHANGE ACT OF
1933

0
18. The authority citation for Part 230 continues to read in part as
follows:

    Authority: 15 U.S.C. 77b, 77c, 77d, 77f, 77g, 77h, 77j, 77r,
77s, 77z-3, 77sss, 78c, 78d, 78j, 78l, 78m, 78n, 78o, 78t, 78w,
78ll(d), 78mm, 80a-8, 80a-24, 80a-28, 80a-29, 80a-30, and 80a-37,
unless otherwise noted.
* * * * *

Sec.  230.175  [Amended]

0
19. In Sec.  230.175 amend paragraph (b)(2)(ii) by removing
``paragraphs 30-34 of Statement of Financial Accounting Standards No.
69'' and adding in its place ``FASB ASC paragraphs 932-235-50-29
through 932-235-50-36 (Extractive Activities--Oil and Gas Topic)''.

PART 239--FORMS PRESCRIBED UNDER THE SECURITIES ACT OF 1933

0
20. The authority citation for Part 239 continues to read, in part, as
follows:

    Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, 77z-2, 77z-3,
77sss, 78c, 78l, 78m, 78n, 78o(d), 78u-5, 78w(a), 78ll, 78mm, 80a-
2(a), 80a-3, 80a-8, 80a-9, 80a-10, 80a-13, 80a-24, 80a-26, 80a-29,
80a-30, and 80a-37, unless otherwise noted.
* * * * *

0
21. In Form S-4 (referenced in Sec.  239.25):

    Note: The text of Form S-4 does not, and this amendment will
not, appear in the Code of Federal Regulations.

0
a. Amend paragraph (b)(3) of Item 10 by removing ``where one or more
business combinations accounted for by the pooling of interest method
of accounting have been consummated'' and adding in its place ``where a
combination under common control has been consummated''.
0
b. Amend paragraph (c)(1)(iii) of Item 12 by removing ``consummation of
one or more business combinations accounted for by the pooling of
interest method of accounting'' and adding in its place ``combination
under common control''.

0
22. In Form 1-A (referenced in Sec.  239.90):

    Note: The text of Form 1-A does not, and this amendment will
not, appear in the Code of Federal Regulations.

0
a. Amend the INSTRUCTION to the Cover Page for Offering Circular Model
A by removing ``Statement of Financial

Accounting Standards No. 7 (June 1, 1975).'' and adding in its place
``the FASB ASC Master Glossary for a `development stage entity.' ''.
0
b. Amend paragraph (4)(c)(ii) to Part F/S by removing ``pooling of
interests'' and adding in its place ``combination under common
control''.

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

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

    Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3,
77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i,
78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78n-1, 78o, 78o-4, 78p, 78q,
78s, 78u-5, 78w, 78x, 78ll, 78mm, 80a-20, 80a-23, 80a-29, 80a-37,
80b-3, 80b-4, 80b-11, and 7201 et seq.; 18 U.S.C. 1350; 12 U.S.C.
5221(e)(3); and 7 U.S.C. 2(c)(2)(E), unless otherwise noted.
* * * * *

Sec.  240.3b-6  [Amended]

0
24. In Sec.  240.3b-6 amend paragraph (b)(2)(ii) by removing
``paragraphs 30-34 of Statement of Financial Accounting Standards No.
69'' and adding in its place ``FASB ASC paragraphs 932-235-50-29
through 932-235-50-36 (Extractive Activities--Oil and Gas Topic)''.

Sec.  240.17h-1T  [Amended]

0
25. In Sec.  240.17h-1T amend paragraph (a)(1)(vii) by removing the
parenthetical phrase ``(as those terms are used in Statement of
Financial Accounting Standards No. 105)'' and removing ``(as that term
is used in Statement of Financial Accounting Standards No. 105)'' and
adding in its place ``(defined as the possibility that a loss may occur
from the failure of another party to perform according to the terms of
a contract)''.

PART 249--FORMS, SECURITIES EXCHANGE ACT OF 1934

0
26. The authority citation for Part 249 continues to read, in part, as
follows:

    Authority: 15 U.S.C. 78a et seq. and 7201 et seq.; and 18 U.S.C.
1350, unless otherwise noted.
* * * * *

0
27. In Form 20-F (referenced in Sec.  249.220f):

    Note: The text of Form 20-F does not, and this amendment will
not, appear in the Code of Federal Regulations.

0
a. Amend paragraph (a) of Item 5.E.2 by removing ``paragraph 3 of FASB
Interpretation No. 45, Guarantor's Accounting and Disclosure
Requirements for Guarantees, Including Indirect Guarantees of
Indebtedness of Others (November 2002) (`FIN 45'), as may be modified
or supplemented, excluding the types of guarantee contracts described
in paragraphs 6 and 7 of FIN 45'' and adding in its place ``FASB ASC
paragraph 460-10-15-4 (Guarantees Topic), as may be modified or
supplemented, excluding the types of guarantee contracts described in
FASB ASC paragraphs 460-10-15-7, 460-10-25-1, and 460-10-30-1''.
0
b. Amend paragraph (d) of Item 5.E.2 by removing ``referenced in FASB
Interpretation No. 46, Consolidation of Variable Interest Entities
(January 2003)'' and adding in its place ``defined in the FASB ASC
Master Glossary''.
0
c. Amend Instruction 1.C. of the Instructions to Item 11(a) by removing
``FASB, Statement of Financial Accounting Standards No. 52, `Foreign
Currency Translation', (`FAS 52') paragraph 20 (December 1981)'' and
adding in its place ``FASB ASC Master Glossary''.
0
d. Amend Instruction 2.B.vi. of the Instructions to Item 11(a) by
removing ``FAS 52 paragraph 20 (December 1981)'' and adding in its
place ``FASB ASC paragraph 830-20-35-3 (Foreign Currency Matters
Topic)''.
0
e. Amend Instruction 2.E. of the Instructions to Item 11(a) by removing
``(see, e.g., FAS 52 Appendix E for a definition of currency swap)''.
0
f. Amend Instruction 3.B. of the Instructions to Item 11(a) by removing
``FASB, Statement of Financial Accounting Standards No. 5, `Accounting
for Contingencies, ' (`FAS 5') paragraph 3 (March 1975)'' and adding in
its place ``FASB ASC Master Glossary''.
0
g. Amend Instruction 3.C. of the Instructions to Item 11(a) by removing
``generally AICPA, Statement of Position 946, `Disclosure of Certain
Significant Risks and Uncertainties,' (`SOP 94-6') at paragraph 7
(December 30, 1994)'' and adding in its place ``FASB ASC Master
Glossary''.
0
h. Amend Instruction 3.E. of the Instructions to Item 11(a) by removing
``FAS 52'' and adding in its place ``FASB ASC Topic 830, Foreign
Currency Matters''.
0
i. Amend Instruction 4.B. of the Instructions to Item 11(a) by removing
``FAS 5, paragraph 3 (March 1975)'' and adding in its place ``FASB ASC
Master Glossary''.
0
j. Amend Instruction 4.C. of the Instructions to Item 11(a) by removing
``generally SOP 94-6, at paragraph 7 (December 30, 1994)'' and adding
in its place ``FASB ASC Master Glossary''.
0
k. Amend Instruction 4.D. of the Instructions to Item 11(a) by removing
``FAS 52'' and adding in its place ``FASB ASC Topic 830, Foreign
Currency Matters''.
0
l. Amend Instruction 3.A. of the General Instructions to Items 11(a)
and 11(b) by removing ``FASB, Statement of Financial Accounting
Standards No. 119, `Disclosure about Derivative Financial Instruments
and Fair Value of Financial Instruments,' (`FAS 119') paragraphs 5-7
(October 1994)'' and adding in its place ``FASB ASC Master Glossary''.
0
m. Amend Instruction 3.B. of the General Instructions to Items 11(a)
and 11(b) by removing ``FASB, Statement of Financial Accounting
Standards No. 107, `Disclosures about Fair Value of Financial
Instruments,' (`FAS 107') paragraphs 3 and 8 (December 1991)'' and
adding in its place ``FASB ASC paragraph 825-10-50-8 (Financial
Instruments Topic)''.
0
n. Amend Instruction 3.C.ii. of the General Instructions to Items 11(a)
and 11(b) by removing ``FAS 107, paragraph 8 (December 1991)'' and
adding in its place ``FASB ASC paragraph 825-10-50-8''.
0
o. Amend Instruction 5.C. of the General Instructions to Items 11(a)
and 11(b) by removing ``FASB Interpretation No. 39, `Offsetting of
Amounts Related to Certain Contracts' (March 1992)'' and adding in its
place ``FASB ASC Subtopic 210-20, Balance Sheet--Offsetting''.
0
p. Amend Instruction 5.E. of the General Instructions to Items 11(a)
and 11(b) by removing ``generally SOP 946, at paragraph 7 (December 30,
1994)'' and adding in its place ``FASB ASC Master Glossary''.
0
q. Amend Instruction 5.F. of the General Instructions to Items 11(a)
and 11(b) by removing ``FAS 5, paragraph 3 (March 1975)'' and adding in
its place ``FASB ASC Master Glossary''.
0
r. Amend Instruction 7 of the General Instructions to Items 11(a) and
11(b) by removing ``has the same meaning as defined by generally
accepted accounting principles (see, e.g., FAS 119, paragraph 9a
(October 1994))'' and adding in its place ``means dealing and other
trading activities measured at fair value with gains and losses
recognized in earnings'' and by removing ``(see, e.g., FASB, Statement
of Financial Accounting Standards No. 80, `Accounting for Futures
Contracts,' paragraph 9, (August 1984))''.
0
s. Amend Instruction 3 of the Instructions to Item 17 by removing
``SFAS No. 131'' the first time it appears and adding in its place
``FASB ASC Topic 280, Segment Reporting'' and by removing ``SFAS No.
131'' the second time it appears and adding in its place ``FASB ASC
Topic 280''.

0
t. Amend paragraph 2 of the Instruction to Item 18 by removing ``FASB
Statement of Accounting Standards No. 69, `Disclosures about Oil and
Gas Producing Activities,' '' and adding in its place ``FASB ASC Topic
932, Extractive Activities--Oil and Gas,''.

0
28. In Form 40-F (referenced in Sec.  249.240f):

    Note:  The text of Form 40-F does not, and this amendment will
not, appear in the Code of Federal Regulations.

0
a. Amend paragraph (11)(ii)(A) in General Instruction B by removing
``paragraph 3 of FASB Interpretation No. 45, Guarantor's Accounting and
Disclosure Requirements for Guarantees, Including Indirect Guarantees
of Indebtedness of Others (November 2002) (`FIN 45'), as may be
modified or supplemented, excluding the types of guarantee contracts
described in paragraphs 6 and 7 of FIN 45'' and adding in its place
``FASB ASC paragraph 460-10-15-4 (Guarantees Topic), as may be modified
or supplemented, excluding the types of guarantee contracts described
in FASB ASC paragraphs 460-10-15-7, 460-10-25-1, and 460-10-30-1''.
0
b. Amend paragraph (11)(ii)(D) in General Instruction B by removing
``referenced in FASB Interpretation No. 46, Consolidation of Variable
Interest Entities (January 2003)'' and adding in its place ``defined in
the FASB ASC Master Glossary''.

0
29. In Form 8-K (referenced in Sec.  249.308):

    Note:  The text of Form 8-K does not, and this amendment will
not, appear in the Code of Federal Regulations.

0
a. Amend paragraph (e) of Item 2.03 by removing ``Accounting Research
Bulletin No. 43, Chapter 3A, Working Capital'' and adding in its place
``FASB ASC paragraph 210-10-45-3 (Balance Sheet Topic)''.
0
b. Amend paragraph (c) of Item 2.04 by removing ``FASB Statement of
Financial Accounting Standards No. 5 Accounting for Contingencies (SFAS
No. 5)'' and adding in its place ``FASB ASC Section 450-20-25,
Contingencies--Loss Contingencies--Recognition,''.
0
c. Amend Instruction 4 of Item 2.04 by removing ``SFAS No. 5'' and
adding in its place ``FASB ASC Section 450-20-25''.
0
d. Amend the first paragraph of Item 2.05 by removing ``paragraph 8 of
FASB Statement of Financial Accounting Standards No. 146 Accounting for
Costs Associated with Exit or Disposal Activities (SFAS No. 146)'' and
adding in its place ``FASB ASC paragraph 420-10-25-4 (Exit or Disposal
Cost Obligations Topic)''.
0
e. Amend paragraph (a) of Item 4.02 by removing ``Accounting Principles
Board Opinion No. 20'' and adding in its place ``FASB ASC Topic 250,
Accounting Changes and Error Corrections''.
0
30. In Form 17-H (referenced in Sec.  249.328T) amend Item II.K. of
Part II by removing ``as defined in Statement of Financial Accounting
Standards No. 105''.

    Note:  The text of Form 17-H does not, and this amendment will
not, appear in the Code of Federal Regulations.

PART 270--RULES AND REGULATIONS, INVESTMENT COMPANY ACT OF 1940

0
31. The authority citation for Part 270 continues to read in part as
follows:

    Authority:  15 U.S.C. 80a-1 et seq., 80a-34(d), 80a-37, and 80a-
39, unless otherwise noted.
* * * * *

Sec.  270.3a-8  [Amended]

0
32. Amend paragraph (b)(9) of Sec.  270.3a-8 by removing ``expenses as
defined in FASB Statement of Financial Accounting Standards No. 2,
Accounting for Research and Development Costs'' and adding in its place
``costs as defined in FASB ASC Topic 730, Research and Development''.

PART 274--FORMS PRESCRIBED UNDER THE INVESTMENT COMPANY ACT OF 1940

0
33. The authority citation for Part 274 continues to read, in part, as
follows:

    Authority:  15 U.S.C. 77f, 77g, 77h, 77j, 77s, 78c(b), 78l, 78m,
78n, 78o(d), 80a-8, 80a-24, 80a-26, and 80a-29, unless otherwise
noted.
* * * * *

0
34. In Form N-1A (referenced in Sec. Sec.  239.15A and 274.11A):

    Note:  The text of Form N-1A does not, and this amendment will
not, appear in the Code of Federal Regulations.

0
a. Amend Instruction 3(c)(ii) of the Instructions to Item 3 by removing
``Accounting Principles Board Opinion No. 30'' and adding in its place
``FASB ASC Subtopic 225-20, Income Statement--Extraordinary and Unusual
Items''.
0
b. Amend Instruction 2(a)(ii) of the Instructions to paragraph (d)(1)
of Item 27 by removing ``Accounting Principles Board Opinion No. 30''
and adding in its place ``FASB ASC Subtopic 225-20, Income Statement--
Extraordinary and Unusual Items''.

0
35. In Form N-3 (referenced in Sec. Sec.  239.17a and 274.11b) amend
Instruction 15(a) of the General Instructions to paragraph (a) of Item
3 by removing ``Accounting Principles Board Opinion No. 30'' and adding
in its place ``FASB ASC Subtopic 225-20, Income Statement--
Extraordinary and Unusual Items''.

    Note:  The text of Form N-3 does not, and this amendment will
not, appear in the Code of Federal Regulations.

0
36. In Form N-4 (referenced in Sec. Sec.  239.17b and 274.11c) amend
Instruction 17.(b) of the General Instructions to paragraph (a) of Item
3 by removing ``Accounting Principles Board Opinion No. 30'' and adding
in its place ``FASB ASC Subtopic 225-20, Income Statement--
Extraordinary and Unusual Items''.

    Note:  The text of Form N-4 does not, and this amendment will
not, appear in the Code of Federal Regulations.

0
37. In Form N-6 (referenced in Sec. Sec.  239.17c and 274.11d) amend
Instruction 4(c) of the Instructions to Item 3 by removing ``Accounting
Principles Board Opinion No. 30'' and adding in its place ``FASB ASC
Subtopic 225-20, Income Statement--Extraordinary and Unusual Items''.

    Note:  The text of Form N-6 does not, and this amendment will
not, appear in the Code of Federal Regulations.

    Dated: August 8, 2011.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-20413 Filed 8-11-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)]
[Rules and Regulations]
[Pages 55035-55037]
[FR Doc No: 2015-22922]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 577

[Docket No. NHTSA-2015-0048]
RIN 2127-AL60

Defect and Noncompliance Notification

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: This final rule amends NHTSA's regulation requiring motor
vehicle manufacturers and replacement equipment manufacturers to notify
owners and purchasers of a defect or noncompliance in vehicles or
equipment that they produced. The amendments in this final rule will
clarify that a manufacturer of replacement equipment providing a defect
or noncompliance notification pursuant to this regulation can inform
the purchaser of the replacement equipment of the manufacturer's intent
to remedy the defect or noncompliance by refunding the purchase price
of the replacement equipment. NHTSA is amending this regulation so that
the regulation conforms to changes in the defect and noncompliance
remedy provisions in the National Traffic and Motor Vehicle Safety Act
(Safety Act) contained in the Moving Ahead for Progress in the 21st
Century Act (MAP-21).

DATES: Effective date: This final rule is effective November 13, 2015.
    Petitions for reconsideration: Petitions for reconsideration of
this final rule must be received not later than October 29, 2015.

ADDRESSES: Any petitions for reconsideration should refer to the docket
number of this document and be submitted to: Administrator, National
Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., West
Building, Ground Floor, Docket Room W12-140, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Thomas Healy, Office of Chief Counsel,
NHTSA, 1200 New Jersey Avenue SE., Washington, DC 20590. Mr. Healy's
telephone number is<PHONE_NUMBER>. His fax number is<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Safety Act requires manufacturers of motor vehicles or items of
replacement equipment to notify NHTSA and owners and purchasers of the
vehicles or equipment if the manufacturer determines that a motor
vehicle or item of motor vehicle equipment contains a defect related to
motor vehicle safety or does not comply with an applicable motor
vehicle safety standard and to remedy the defect or noncompliance
without charge. 49 U.S.C. 30118(c), 30120. Manufacturers must provide
notification pursuant to the procedures set forth in section 30119 of
the Safety Act. Section 30119 sets forth the contents of the
notification, which includes a clear description of the defect or
noncompliance, the timing of the notification, means of providing
notification and when a second notification is required. 49 U.S.C.
30119.
    Section 30120 of the Safety Act provides a list of permissible
remedies from which manufacturers must choose when determining how to
remedy at defect. Section 30120 contains different remedy provisions
for manufacturers of motor vehicles and manufacturers of replacement
equipment. Section 30120 allows manufacturers of motor vehicles to
remedy a defect or noncompliance ``by repairing the vehicle; . . . by
replacing the vehicle with an identical or reasonably equivalent
vehicle; or . . . by refunding the purchase price, less a reasonable
allowance for depreciation.'' 49 U.S.C. 30120(a)(1)(A). Prior to MAP-
21, Section 30120 allowed manufacturers of replacement equipment to
remedy a defect or noncompliance by ``repairing the equipment or
replacing the equipment with identical or reasonable equivalent
equipment.'' 49 U.S.C. 30120(a)(1)(B) (2011). MAP-21 amended section
30120 by expanding the list of permissible remedies available to
replacement equipment manufacturers to include refunding the purchase
price of the equipment.\1\
---------------------------------------------------------------------------

    \1\ Public Law 112-141, 126 Stat. 771 (2012), Section 31311.
---------------------------------------------------------------------------

    The conduct of a recall notification campaign, including how and
when owners, dealers, and distributors are notified, is addressed by
regulation in 49 CFR part 577, Defect and Noncompliance Notification.
Section 577.5 specifies the required content and structure of the owner
notifications. Section 577.6 specifies the required content and
structure of the notification if the owner notification is sent
pursuant to an order by the NHTSA Administrator. Section 577.5 and
577.6 both specify that that the owner notification must include a
statement notifying the owner of the vehicle or replacement equipment
how the manufacturer intends to remedy the defect or noncompliance.
    This final rule amends Sec. Sec.  577.5 and 577.6 of 49 CFR part
577 so that the requirements for the statement notifying owners or
purchasers of replacement equipment how the manufacturer intends to
remedy a defect or noncompliance reflect the MAP-21 amendment allowing
manufacturers of replacement equipment to remedy a defect or
noncompliance by refunding the purchase price.

II. Public Comment

    NHTSA did not issue an NPRM prior to this final rule. While the
Administrative Procedure Act (APA) requires that agencies publish a
general NPRM in the Federal Register prior to issuing a final rule, an
agency is not required to publish an NPRM if the agency is able to make
and makes a good cause finding that notice and public comment is
``impracticable, unnecessary, or contrary to the public interest.'' \2\
---------------------------------------------------------------------------

    \2\ 5 U.S.C. 553.
---------------------------------------------------------------------------

    NHTSA finds that notice and public comment prior to issuing this
final rule is unnecessary. The DC Circuit has held that the notice and
public comment requirements of APA are unnecessary when the ``rule is a
routine determination, insignificant in nature and impact, and
inconsequential to the industry and to the public.'' \3\ The amendments
in this final rule do not create any new rights or obligations not
already present in 49 U.S.C. 30120. The amendments in this final rule
update the notification requirements in 49 CFR 577.5 and 577.6 to
reflect that the option to refund the purchase price of the replacement
equipment is available to manufacturers as a remedy for a defect or
noncompliance. Furthermore, these changes were made by statutory
amendment. Therefore, the amendments contained in this final rule do
not involve the exercise of discretion on the part of the agency.
Because this final rule does not create any rights or obligations not
already present in 49 U.S.C. 30120 or involve the exercise of
discretion by the agency, the impacts of this rule are insignificant
and inconsequential to industry and the public making notice and public
comment unnecessary.
---------------------------------------------------------------------------

    \3\ Mack Trucks, Inc. v. E.P.A. 682 F.3d 87, 92 (D.C. Cir. 2012)
(quoting Util. Solid Waste Activities Grp. v. E.P.A., 236 F.3d 749,
754 (D.C. Cir. 2001).
---------------------------------------------------------------------------

III. Regulatory Notices and Analyses

A. Executive Order 12866, Executive Order 13563, and DOT Regulatory
Policies and Procedures

    NHTSA has considered the impact of this rulemaking action under
Executive Order 12866, Executive Order 13563, and the DOT's regulatory
policies and procedures. This final rule was not reviewed by the Office
of Management and Budget (OMB) under E.O. 12866, ``Regulatory Planning
and Review.'' It is not considered to be significant under E.O. 12866
or the Department's regulatory policies and procedures.
    This regulation amends 49 CFR part 577 to include refund of the
purchase price of replacement equipment as a remedy available to
replacement equipment manufacturers remedying a defect or
noncompliance. This final rule does not require replacement equipment
manufacturers to take any actions that they are not otherwise already
required to take. Because there are not any costs or savings associated
with this rulemaking, we have not prepared a separate economic analysis
for this rulemaking.

B. Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act, 5 U.S.C. 601 et
seq., NHTSA has evaluated the effects of this action on small entities.
I hereby certify that this rule would not have a significant impact on
a substantial number of small entities. The final rule affects
manufacturers of motor vehicle replacement equipment some of which
qualify as small businesses. However, this final rule does not
significantly affect these entities because it does not require any
additional actions on the part of equipment manufacturers not already
required by 49 CFR part 577.

C. Executive Order 13132

    NHTSA has examined this rule pursuant to Executive Order 13132 (64
FR 43255, August 10, 1999) and concluded that no additional
consultation with States, local governments or their representatives is
mandated beyond the rulemaking process. The agency has concluded that
the rulemaking would not have sufficient federalism implications to
warrant consultation with State and local officials or the preparation
of a federalism summary impact statement. The final rule would not have
``substantial direct effects on the States, on the relationship between
the national government and the States, or on the

distribution of power and responsibilities among the various levels of
government.'' This final rule also will not preempt any state law.

D. National Environmental Policy Act

    NHTSA has analyzed this final rule for the purposes of the National
Environmental Policy Act. The agency has determined that implementation
of this action will not have any significant impact on the quality of
the human environment.

E. Paperwork Reduction Act

    Under the procedures established by the Paperwork Reduction Act of
1995, a person is not required to respond to a collection of
information by a Federal agency unless the collection displays a valid
OMB control number. The information collection requirements for 49 CFR
part 577, Defect and Noncompliance Notification, are covered by OMB
control number 2127-0004. The amendments in this final rule have no
impact on the burden associated with this information collection.

F. National Technology Transfer and Advancement Act

    Under the National Technology Transfer and Advancement Act of 1995
(NTTAA) (Pub. L. 104-113), ``all Federal agencies and departments shall
use technical standards that are developed or adopted by voluntary
consensus standards bodies, using such technical standards as a means
to carry out policy objectives or activities determined by the agencies
and departments.'' The amendments in this final rule consist of minor
revisions to the required content of letters that manufacturers of
replacement equipment for motor vehicles must sent to purchasers and
owners to notify them of a defect or noncompliance and do not involve
any voluntary consensus standards.

G. Civil Justice Reform

    With respect to the review of the promulgation of a new regulation,
section 3(b) of Executive Order 12988, ``Civil Justice Reform'' (61 FR
4729, February 7, 1996) requires that Executive agencies make every
reasonable effort to ensure that the regulation: (1) Clearly specifies
the preemptive effect; (2) clearly specifies the effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct, while promoting simplification and burden reduction;
(4) clearly specifies the retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses other important issues affecting
clarity and general draftsmanship under any guidelines issued by the
Attorney General. This document is consistent with that requirement.
    Pursuant to this Order, NHTSA notes as follows. The preemptive
effect of this final rule is discussed above. NHTSA notes further that
there is no requirement that individuals submit a petition for
reconsideration or pursue other administrative proceeding before they
may file suit in court.

H. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 requires agencies to
prepare a written assessment of the costs, benefits and other effects
of proposed or final rules that include a Federal mandate likely to
result in the expenditure by State, local or tribal governments, in the
aggregate, or by the private sector, of more than $100 million annually
(adjusted for inflation with base year of 1995). This final rule would
not result in expenditures by State, local or tribal governments, in
the aggregate, or by the private sector in excess of $100 million
annually.

I. Executive Order 13211

    Executive Order 13211 (66 FR 28355, May 18, 2001) applies to any
rulemaking that: (1) Is determined to be economically significant as
defined under E.O. 12866, and is likely to have a significantly adverse
effect on the supply of, distribution of, or use of energy; or (2) that
is designated by the Administrator of the Office of Information and
Regulatory Affairs as a significant energy action. This rulemaking is
not subject to E.O. 13211.

J. Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.

List of Subjects in 49 CFR Part 577

    Imports, Motor vehicle safety, Motor vehicles, Tires, Reporting and
recordkeeping requirements.

    In consideration of the foregoing, NHTSA amends 49 CFR part 577 as
follows:

PART 577--DEFECT AND NONCOMPLIANCE NOTIFICATION

0
1. The authority citation for part 577 continues to read as follows:

    Authority:  49 U.S.C. 30102, 30103, 30116-30121, 30166;
delegation of authority at 49 CFR 1.95 and 49 CFR 501.8.

0
2. Section 577.5 is amended by revising paragraphs (g)(1)(i) and (vi)
to read as follows:

Sec.  577.5  Notification pursuant to a manufacturer's decision.

* * * * *
    (g) * * *
    (1) * * *
    (i) A statement that he will cause such defect to be remedied
without charge, and whether such remedy will be by repair, replacement,
or refund of the purchase price (in the case of remedy of a vehicle,
less depreciation).
* * * * *
    (vi) In the case of a remedy of a vehicle by refund of purchase
price, the method or basis for the manufacturer's assessment of
depreciation.
* * * * *

0
3. Section 577.6 is amended by revising paragraph (b)(9)(i)(B) to read
as follows:

Sec.  577.6  Notification pursuant to Administrator's decision.

* * * * *
    (b) * * *
    (9) * * *
    (i) * * *
    (B) A statement of the method of remedy. If the manufacturer has
not yet determined the method of remedy, he will select either repair,
replacement with an equivalent vehicle or item of replacement
equipment, or refund of the purchase price (in the case of remedy of a
vehicle, less depreciation); and
* * * * *

    Issued in Washington, DC, on September 2, 2015 under authority
delegated in 49 CFR part 1.95.
Mark R. Rosekind,
Administrator.
[FR Doc. 2015-22922 Filed 9-11-15; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register Volume 78, Number 53 (Tuesday, March 19, 2013)]
[Notices]
[Pages 16849-16850]
[FR Doc No: 2013-06200]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14241-000]

Alaska Energy Authority; Notice of Dispute Resolution Panel
Meeting and Technical Conference

    On March 8, 2013, Commission staff, in response to the filing of a
notice of

study dispute by the U.S. National Marine Fisheries Service (NMFS) on
February 21, 2013, convened a single three-person Dispute Resolution
Panel (Panel) pursuant to 18 CFR 5.14(d).
    The Panel will hold a technical conference at the time and place
identified below. The technical conference will address study disputes
regarding three separate studies as approved in the Director's Study
Plan Determination, issued February 1, 2013. The studies in dispute
are: (1) Glacier and Runoff Changes Study (Study 7.7); (2) Salmon
Escapement Study (Study 9.7); and (3) Fish Passage Study (Study 9.11).
    The purpose of the technical session is for the disputing agency,
applicant, and Commission to provide the Panel with additional
information necessary to evaluate the disputed studies. All local,
state, and federal agencies, Indian tribes, and other interested
parties are invited to attend the meeting as observers. The Panel may
also request information or clarification on written submissions as
necessary to understand the matters in dispute. The Panel will limit
all input that it receives to the specific studies or information in
dispute and will focus on the applicability of such studies or
information to the study criteria stipulated in 18 CFR 5.9(b).
    If the number of participants wishing to speak creates time
constraints, the Panel may, at its discretion, limit the speaking time
for each participant.

Technical Conference

    Date: Wednesday, April 3, 2013.
    Time: 10:00 a.m.-4:00 p.m. (AKDT; UTC--8:00).
    Place: Public Conference Room, Z. J. Loussac Public Library, 3600
Denali Street, Anchorage, Alaska 99503.

    Dated: March 12, 2013.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2013-06200 Filed 3-18-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 9, 2006 (Volume 71, Number 217)]
[Notices]
[Page 65789-65790]
[DOCID:fr09no06-56]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. RP03-36-021]

Dauphin Island Gathering Partners; Notice of Negotiated Rate

November 3, 2006.
    Take notice that on November 1, 2006, Dauphin Island Gathering
Partners (Dauphin Island) tendered for filing as part of its FERC Gas
Tariff, First Revised Volume No. 1, Twenty-Fourth Revised Sheet No. 10,
and Original Sheet No. 10A, to become effective December 2, 2006.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.

    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

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

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-18994 Filed 11-8-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 242 (Thursday, December 17, 2015)]
[Notices]
[Pages 78726-78727]
[FR Doc No: 2015-31722]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 8722-018]

David O. Harde; Notice of Termination of License (Minor Project)
by Implied Surrender and Soliciting Comments, Protests and Motions To
Intervene

    Take notice that the following hydroelectric proceeding has been
initiated by the Commission:
    a. Type of Proceeding: Termination of License by Implied Surrender.
    b. Project No.: 8722-018.
    c. Date Initiated: December 11, 2015.
    d. Licensee: David O. Harde.

    e. Name and Location of Project: Landis-Harde Hydroelectric Project
located on Perry Creek, in El Dorado County, California.
    f. Filed Pursuant to: Standard Article 16.
    g. Licensee Contact Information: Mr. David O. Harde, 6540 Perry
Creek Road, Somerset, California 95684, Phone:<PHONE_NUMBER>.
    h. FERC Contact: Mr. Ashish Desai,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    i. Deadline for filing comments, motions to intervene and protests,
is 30 days from the issuance date of this notice. The Commission
strongly encourages electronic filing. Please file motions to
intervene, protests, comments, and recommendations, using the
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-8722-018.
    j. Description of Project Facilities: (1) A 4-foot-high, 42-foot-
long reinforced concrete dam; (2) a 24-inch-diameter, 1,000-foot-long
penstock; (3) a powerhouse containing a single generating unit with a
rated capacity of 100 kW; and (4) a 500-foot-long tap connecting the
project with an existing Pacific Gas and Electric Company 21-kv
transmission line west of the powerhouse.
    k. Description of Proceeding: The licensee is in violation of
standard Article 16 of its license, issued on April 27, 1990 (51 FERC ]
61,088). Article 16 states in part: If the Licensee shall abandon or
discontinue good faith operation of the project or refuse or neglect to
comply with the terms of the license and the lawful orders of the
Commission mailed to the record address of the Licensee or its agent,
the Commission will deem it to be the intent of the Licensee to
surrender the license.
    Commission records indicate that the project has not been
operational since 2006 when the licensee determined, that the project
was no longer financially viable due to low water flows and high
insurance rates. After several years of correspondence regarding
transferring the license to a third party and resuming project
operation, the licensee has become non-responsive. Most recently, by
letter dated September 1, 2015, the licensee informed the Commission of
its intent to file a license transfer application shortly thereafter.
The licensee did not file a transfer application. By letter dated
September 4, 2015, Commission staff requested the licensee file
documentation regarding the non-operational status of the project
within 30 days. The licensee did not file the requested information. By
letter dated October 27, 2015, the Commission ordered the licensee to
file a plan and schedule to resume project operations or a transfer
application within 30 days, and failure to do so would result in
termination of the project license by implied surrender. The licensee
has not filed a response.
    l. This notice is available for review and reproduction at the
Commission in the Public Reference Room, Room 2A, 888 First Street NE.,
Washington, DC 20426. The filing may also be viewed on the Commission's
Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the
Docket number (P-8722-018) excluding the last three digits in the
docket number field to access the notice. You may also register online
at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via
email of new filings and issuances related to this or other pending
projects. For assistance, call toll-free 1-866-208-3676 or email
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene, or protests should relate
to project works which are the subject of the license surrender.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application. If an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.

    Dated: December 11, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-31722 Filed 12-16-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Notices]
[Page 42100]
[FR Doc No: 2015-17452]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9930-09-OEI]

Cross-Media Electronic Reporting: Authorized Program Revision
Approval, State of West Virginia

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's approval of the State of West
Virginia's request to revise its National Primary Drinking Water
Regulations Implementation EPA-authorized program to allow electronic
reporting.

DATES: EPA's approval is effective August 17, 2015 for the State of
West Virginia's National Primary Drinking Water Regulations
Implementation program, if no timely request for a public hearing is
received and accepted by the Agency.

FOR FURTHER INFORMATION CONTACT: Karen Seeh, U.S. Environmental
Protection Agency, Office of Environmental Information, Mail Stop
2823T, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 566-
1175<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On October 13, 2005, the final Cross-Media
Electronic Reporting Rule (CROMERR) was published in the Federal
Register (70 FR 59848) and codified as part 3 of title 40 of the CFR.
CROMERR establishes electronic reporting as an acceptable regulatory
alternative to paper reporting and establishes requirements to assure
that electronic documents are as legally dependable as their paper
counterparts. Subpart D of CROMERR requires that state, tribal or local
government agencies that receive, or wish to begin receiving,
electronic reports under their EPA-authorized programs must apply to
EPA for a revision or modification of those programs and obtain EPA
approval. Subpart D provides standards for such approvals based on
consideration of the electronic document receiving systems that the
state, tribe, or local government will use to implement the electronic
reporting. Additionally, Sec.  3.1000(b) through (e) of 40 CFR part 3,
subpart D provides special procedures for program revisions and
modifications to allow electronic reporting, to be used at the option
of the state, tribe or local government in place of procedures
available under existing program-specific authorization regulations. An
application submitted under the subpart D procedures must show that the
state, tribe or local government has sufficient legal authority to
implement the electronic reporting components of the programs covered
by the application and will use electronic document receiving systems
that meet the applicable subpart D requirements.
    On August 19, 2010, the West Virginia Department of Health and
Human Resources (WV DHHR) submitted an amended application titled
``Drinking Water Program Electronic Data Receiving System'' for
revision of its EPA-authorized Part 142 program under title 40 CFR. EPA
reviewed WV DHHR's request to revise its EPA-authorized program and,
based on this review, EPA determined that the application met the
standards for approval of authorized program revision set out in 40 CFR
part 3, subpart D. In accordance with 40 CFR 3.1000(d), this notice of
EPA's decision to approve West Virginia's request to revise its Part
142--National Primary Drinking Water Regulations Implementation program
to allow electronic reporting under 40 CFR part 141 is being published
in the Federal Register.
    WV DHHR was notified of EPA's determination to approve its
application with respect to the authorized program listed above.
    Also, in today's notice, EPA is informing interested persons that
they may request a public hearing on EPA's action to approve the State
of West Virginia's request to revise its authorized public water system
program under 40 CFR part 142, in accordance with 40 CFR 3.1000(f).
Requests for a hearing must be submitted to EPA within 30 days of
publication of today's Federal Register notice. Such requests should
include the following information:
    (1) The name, address and telephone number of the individual,
organization or other entity requesting a hearing;
    (2) A brief statement of the requesting person's interest in EPA's
determination, a brief explanation as to why EPA should hold a hearing,
and any other information that the requesting person wants EPA to
consider when determining whether to grant the request;
    (3) The signature of the individual making the request, or, if the
request is made on behalf of an organization or other entity, the
signature of a responsible official of the organization or other
entity.
    In the event a hearing is requested and granted, EPA will provide
notice of the hearing in the Federal Register not less than 15 days
prior to the scheduled hearing date. Frivolous or insubstantial
requests for hearing may be denied by EPA. Following such a public
hearing, EPA will review the record of the hearing and issue an order
either affirming today's determination or rescinding such
determination. If no timely request for a hearing is received and
granted, EPA's approval of the State of West Virginia's request to
revise its part 142--National Primary Drinking Water Regulations
Implementation program to allow electronic reporting will become
effective 30 days after today's notice is published, pursuant to
CROMERR section 3.1000(f)(4).

Matthew Leopard,
Director, Office of Information Collection.
[FR Doc. 2015-17452 Filed 7-15-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: December 28, 2006 (Volume 71, Number 249)]
[Notices]
[Page 78175-78176]
[DOCID:fr28de06-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-200-017]

Rockies Express Pipeline LLC; Notice of Compliance Filing
andNegotiated Rate

December 19, 2006.
    Take notice that on December 15, 2006, Rockies Express Pipeline LLC
(Rockies Express) tendered for filing as part of its FERC Gas Tariff,
First Revised Volume No. 1, the following tariff sheets, with an
effective date of January 15, 2007:

Thirteenth Revised Sheet No. 22
Third Revised Sheet No. 23

    Rockies Express states that a copy of this filing has been served
upon all parties to this proceeding, Rockies Express's customers, the
Colorado Public Utilities Commission and the Wyoming Public Service
Commission.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed in accordance with the provisions of Section 154.210 of
the Commission's

regulations (18 CFR 154.210). Anyone filing a protest must serve a copy
of that document on all the parties to the proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

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

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

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-22215 Filed 12-27-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 168 (Thursday, August 31, 2017)]
[Proposed Rules]
[Pages 41386-41388]
[FR Doc No: 2017-18499]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0154; FRL-9967-20-Region 9]

Approval of Nevada Air Plan Revisions, Washoe Oxygenated Fuels
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Nevada State Implementation Plan (SIP). This
revision concerns emissions of carbon monoxide (CO) from passenger
vehicles. We are proposing to approve the suspension of a local rule
that regulated these emission sources under the Clean Air Act (CAA or
the Act). We are taking comments on this proposal and plan to follow
with a final action.

DATES: Any comments must arrive by October 2, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0154 at http://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be

Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the Web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, EPA Region IX, (415)
947-4152<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule revision?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule suspension?
    B. Does the rule suspension meet the evaluation criteria?
    C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    On March 28, 2014, the Nevada Department of Environmental
Protection (NDEP) submitted Washoe County District Board of Health
(WCDBOH) Regulations Governing Air Quality Management Section 040.095,
``Oxygen Content of Motor Vehicle Fuel,'' as amended by the WCDBOH on
December 24, 2013. On September 28, 2014, the submittal for Section
040.095 was deemed by operation of law to meet the completeness
criteria in 40 CFR part 51 Appendix V, which must be met before formal
EPA review.

B. Are there other versions of this rule?

    The WCDBOH has adopted other versions of Section 040.095, most
recently the version adopted September 22, 2005 and submitted to the
EPA on November 4, 2005. We approved this version of the rule into the
SIP on July 3, 2008 (73 FR 38124). While we can act on only the most
recently submitted version, we have reviewed materials provided with
previous submittals.

C. What is the purpose of the submitted rule revision?

    The submitted revision to Section 040.095 suspends all requirements
of the SIP-approved rule, which implements Washoe County's oxygenated
fuel program. This program requires gasoline sold in Washoe County to
contain 2.7 percent oxygenate by weight between October 1 and January
31 as a means of reducing CO emissions. The Truckee Meadows area of
Washoe County has historically been designated nonattainment for the CO
National Ambient Air Quality Standard (NAAQS or ``Standard''),\1\ and
the WCDBOH adopted Section 040.095 to comply with the requirements of
CAA section 211(m), which requires states to adopt an oxygenated
gasoline program for any area out of attainment for the CO NAAQS. The
EPA redesignated Truckee Meadows as attainment for the CO NAAQS in
2008, and the area's CO levels are now substantially below the
Standard. 73 FR 38124 (July 3, 2008). The EPA's technical support
document (TSD) has more information about this rule.
---------------------------------------------------------------------------

    \1\ Truckee Meadows was first designated nonattainment in 1978.
See 43 FR 8962, 9013 (March 3, 1978). Truckee Meadows was classified
as moderate nonattainment under the 1990 CAA amendments. See 56 FR
56694, 56798 (November 6, 1991).
---------------------------------------------------------------------------

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule suspension?

    As a general matter, under CAA section 110(l), the EPA may approve
relaxations or suspensions of control measures so long as doing so
would not interfere with attainment or maintenance of any NAAQS or
otherwise conflict with applicable CAA requirements. The EPA has
evaluated the revision to Section 040.095 to determine whether
suspension of the Washoe County's oxygenated fuel program would
interfere with NAAQS attainment or maintenance or conflict with other
CAA requirements.

B. Does the rule suspension meet the evaluation criteria?

    We believe this SIP submittal is consistent with CAA 110(l)
requirements regarding restrictions on relaxation of SIP measures. The
WCDBOH's analysis of future CO emissions in Washoe County demonstrates
continued compliance with the CO NAAQS as a result of other state
measures, such as the motor vehicle inspection and maintenance program,
and federal measures such as the Renewable Fuels Standard. The TSD has
more information on our evaluation.

C. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rule suspension because we believe it
fulfills all relevant requirements. We will accept comments from the
public on this proposal until October 2, 2017. If we take final action
to approve the submitted rule suspension, our final action will
incorporate this revision into the federally enforceable SIP.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the WCDBOH rule described in this notice. The EPA has made,
and will continue to make, this material available electronically
through www.regulations.gov and in hard copy at U.S. Environmental
Protection Agency Region IX (Air-4), 75 Hawthorne Street, San
Francisco, CA, 94105-3901.

IV. 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 proposed action merely proposes to approve state law
as meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     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 (Pub. L. 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 disproportionate human health or environmental effects with
practical, appropriate, 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).

List of Subjects in 40 CFR Part 52

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

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

    Dated: August 14, 2017.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-18499 Filed 8-30-17; 8:45 am]
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