\79\ Tomoeh Murakami Tse, The Washington Post, March 15, 2007,
at D2 (stating that three proxy access proposals were submitted by
shareholders during the 2006 proxy season).
    \80\ We estimate that the number of proposals for bylaw
amendments to allow shareholder nominations of directors received
last proxy season (3) would increase tenfold (30).
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    For purposes of the PRA, we estimate that the proposed amendments
to Rule 14a-8 would create an incremental burden of six hours of
company personnel time and costs of $800 for the services of outside
professionals. In sum, we estimate that the amendments to Regulation
14A will increase the annual paperwork burden by approximately 180
hours of company personnel time and a cost of approximately $24,000 for
the services of outside professionals. These burdens and costs would
include the additional disclosure in proposed Item 24 and Item 25 of
Schedule 14A as well as the burdens and costs associated with including
the proposal in the company's proxy materials.
2. Proposed Amendments to Schedule 13G Requiring Disclosure From
Shareholder Proponents
    Exchange Act Schedule 13G is a short-form filing for persons to
report ownership of more than 5% of a class of voting equity securities
registered under Section 12 of the Exchange Act. Generally, the filer
must certify that the securities have not been acquired and are not
held for the purpose of, or with the effect of, changing or influencing
the control of the issuer of the securities. For purposes of the PRA,
we currently estimate that compliance with the Schedule 13G
requirements under Regulation 13D requires 98,800 burden hours, broken
down into 24,700 hours (or 2.6 hours per respondent) of respondent
personnel time and costs of $22,230,000 (or $2,340 per respondent) for
the services of outside professionals.\81\
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    \81\ These figures assume 9,500 respondents that file Schedule
13G with the Commission. We estimate that 25% of the burden of
preparation is carried by the company internally and that 75% of the
burden of preparation is carried by outside professionals retained
by the issuer. These figures assume an average cost of $300 per
hour. The Commission has increased the cost estimate $100 since our
last estimate provided to OMB based on our consultations with
several registrants and law firms and other persons who regularly
assist registrants in preparing and filing with the Commission. In
our PRA submission, we will increase the cost of outside
professionals to meet the new $400 per hour estimate.

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

    The proposed amendment to Rule 14a-8 would require the company to
include certain shareholder proposed bylaw amendments only if they are
submitted by a shareholder proponent that is eligible to, and has,
filed a Schedule 13G that complies with proposed Schedule 13G Items 8A,
8B, and 8C. As explained above, we estimate that the number of
shareholder proponents submitting such proposals under Rule 14a-8 would
be 30. Rather than presume that any of the shareholder proponents
previously filed a Schedule 13G on an individual or group basis, we
assume for purposes of the PRA that each person or group will be a new
Schedule 13G filer. This would increase the number of Schedule 13G
filers. In addition, the proposed disclosure of each shareholder
proponent's background and relationships with the company would be
different and more detailed than the disclosure currently required by
Schedule 13G, increasing the reporting burden associated with this
schedule.
    For purposes of the PRA, we estimate that the proposed amendments
to Schedule 13G would create an incremental burden of 4.1 hours per
response, which we would add to the existing Schedule 13G burden
resulting in a total burden of 14.5 hours.\82\ Each of the 30
additional filers would incur a burden of approximately 3.6 hours of
respondent personnel time (25% of the total burden) and costs of $4,350
for the services of outside professionals (75% of the total burden). In
sum, we estimate that the amendments to Schedule 13G will increase the
annual paperwork burden by approximately 108 hours of respondent
personnel time and a cost of approximately $130,000 for the services of
outside professionals.
---------------------------------------------------------------------------

    \82\ We currently estimate the burden for preparing a Schedule
13G filing to be 10.4 hours.
---------------------------------------------------------------------------

3. Proposed Rule 14a-17 To Require Disclosure From Nominating
Shareholders and Shareholder Nominees
    Proposed Rule 14a-17 would require nominating shareholders and
their nominees to provide disclosure relating to their backgrounds and
relationships with the company for inclusion in a Schedule 14A. As
explained above, we estimate that there will be 30 proposals for bylaw
amendments to allow shareholder nominations of directors annually. Of
these, for purposes of this analysis we estimate that 50% will be
successful. If we assume that in every case where a bylaw amendment is
successful a shareholder nominee is proposed, the additional disclosure
would be required 15 times annually.
    For purposes of the PRA, we estimate that proposed Rule 14a-17
would create an incremental burden of six hours of company personnel
time and costs of $800 for the services of outside professionals for
each shareholder nominee included in a Schedule 14A. In sum, we
estimate that the amendments will increase the annual paperwork burden
of Regulation 14A by approximately 90 hours of company personnel time
and a cost of approximately $12,000 for the services of outside
professionals.

D. Solicitation of Comments

    We request comment on the accuracy of our estimates. Pursuant to 44
U.S.C. 3506(c)(2)(B), the Commission solicits comments to: (i) Evaluate
whether the proposed collection of information is necessary for the
proper performance of the functions of the agency, including whether
the information will have practical utility; (ii) evaluate the accuracy
of the Commission's estimate of burden of the proposed collection of
information; (iii) determine whether there are ways to enhance the
quality, utility, and clarity of the information to be collected; and
(iv) evaluate whether there are ways to minimize the burden of the
collection of information on those who are to respond, including
through the use of automated collection techniques or other forms of
information technology.
    Persons submitting comments on the collection of information
requirements should direct the comments to the Office of Management and
Budget, Attention: Desk Officer for the Securities and Exchange
Commission, Office of Information and Regulatory Affairs, Washington,
DC 20503, and should send a copy to Nancy M. Morris, Secretary,
Securities and Exchange Commission, 100 F Street, NE., Washington, DC
20549-1090, with reference to File No. S7-16-07. Requests for materials
submitted to OMB by the Commission with regard to these collections of
information should be in writing, refer to File No. S7-16-07, and be
submitted to the Securities and Exchange Commission, Office of the
Secretary--Records Management Branch, 100 F Street, NE., Office of
Filings and Information Services, Washington, DC 20549. OMB is required
to make a decision concerning the collection of information between 30
and 60 days after publication of this release. Consequently, a comment
to OMB is assured of having its full effect if OMB receives it within
30 days of publication.

V. Cost-Benefit Analysis

    We propose to revise and update the proxy rules to more effectively
serve their essential purpose of facilitating the exercise of
shareholders' rights under state law. We request any relevant data from
commenters that would be helpful in quantifying these costs and
benefits.

A. Benefits

    The proposed amendments to Rule 14a-8 concerning binding bylaw
proposals relating to shareholder nominations of directors on the
company's proxy would help shareholders to exercise rights under state
law to nominate and elect directors of their choosing. A bylaw
amendment that allowed shareholder nominees to be included in the
company's proxy materials would reduce the cost for a shareholder to
nominate candidates for election on the board since the nominating
shareholder would not need to incur the cost of preparing separate
proxy materials and mailing those materials to other shareholders.
Allowing shareholders to propose bylaw amendments that would enable
them to include shareholder nominees on the company's proxy may provide
shareholders a more effective voice than simply being able to recommend
candidates to the nominating committee or being able to nominate
candidates in person at a shareholder meeting.
    The proposed amendment would require additional disclosure on
Schedule 13G and Schedule 14A by shareholder proponents, nominating
shareholders and shareholder nominees about their background and
relationships with the company. This additional information provided by
such disclosures would help provide transparency to shareholders in
voting on bylaw amendments and shareholder nominees.
    Finally, the proposed amendments to Regulation 14A regarding the
electronic shareholder forum seek to remove unnecessary barriers to the
use of technology to increase constructive communication between
shareholders and between shareholders and the company. The exemption
for communications more than 60 days prior to the announced meeting
date would allow for more open and unfettered communication between
parties. The enhanced communication may result in better coordination
among the views of shareholders, more

effective exercise of state law rights, and a better alignment between
the interests of shareholders and the company.

B. Costs

    The proposed amendments would impose some direct costs on companies
and shareholders who are subject to the new rules. For purposes of the
PRA, we estimate that the annual additional burden to companies of
preparing the required proxy disclosure would be approximately 270
hours of company personnel time and a cost of approximately $36,000 for
the services of outside professionals. In addition, for purposes of the
PRA, we estimate that the annual incremental burden to prepare the
required disclosure for shareholder proponents, nominating shareholders
and nominees would be approximately 108 hours of personnel time and a
cost of approximately $130,000 for the services of outside
professionals.
    The bulk of the additional disclosure required by the amendments to
Regulation 14A would be provided to the company by shareholder
proponents and nominating shareholders. The proposed amendments would
add costs to the preparation and dissemination of this information in
the company's proxy statement where shareholders have chosen to make
proposals or put forth nominees.
    If shareholders have adopted a shareholder nomination bylaw
amendment and chose to allocate company resources to facilitate
shareholder nominations, the cost of preparing the company's proxy
materials would be increased by the need to prepare and include
information relating to the shareholder nominees. In addition, the
company could incur increased costs relating to the solicitation of
proxies in support of the board's candidates and against the
shareholder nominees.
    The proposed amendments to Regulation 14A and Schedule 13G would
impose costs on shareholder proponents. Shareholder proponents would be
required to provide extensive background information and information on
their relationships with the issuer on Schedule 13G. Under the proposed
amendments, a company would also incur preparation and filing costs
associated with disclosing the nature and extent of its relationships
with a shareholder proponent. In addition, companies may incur costs
for procedures to monitor its relationships with shareholder
proponents.
    If a shareholder nomination bylaw amendment were adopted,
shareholder nominees and nominating shareholders would also incur costs
associated with the Rule 14a-17 disclosure requirements. Nominating
shareholders and their nominees might also bear solicitation costs in
seeking support for the nominee's election. However, these disclosure
and solicitation costs are not expected to exceed the costs that would
be incurred from a separate proxy contest.
    Under the proposed rules, companies may choose to incur additional
costs to establish more responsive policies and procedures in an
attempt to avoid having shareholders seek bylaw amendments or propose
shareholder nominees. The company and the board may spend more time on
shareholder relations instead of the business of the company. In
addition, it is possible that electing a shareholder nominee to the
board could have a disruptive effect on boardroom dynamics.
Request for Comment
    We are sensitive to the costs and benefits imposed by our rules,
and have identified certain costs and benefits related to these
proposals. We request comment on all aspects of this cost-benefit
analysis, including identification of any additional costs and
benefits. We encourage commenters to identify and supply relevant data
concerning the costs and benefits of the proposed amendments.
     What are the costs and benefits of a 5% threshold as
opposed to alternative thresholds? How would the private costs of
assembling a 5% coalition vary across different types or sizes of
companies?
     What are the potential costs and benefits of facilitating
an increase in the variation of nomination rules across companies?
     What are the costs and benefits of potentially moving away
from a dual-slate structure in which voting shareholders choose between
the management card and the dissident card toward a unitary slate
voting system in which voters choose among items on a single proxy
card?

VI. Consideration of Burden on Competition and Promotion of Efficiency,
Competition and Capital Formation

    Section 23(a)(2) of the Exchange Act \83\ requires us, when
adopting rules under the Exchange Act, to consider the impact that any
new rule would have on competition. In addition, Section 23(a)(2)
prohibits us from adopting any rule that would impose a burden on
competition not necessary or appropriate in furtherance of the purposes
of the Exchange Act. Section 3(f) of the Exchange Act \84\ and Section
2(c) of the Investment Company Act \85\ require us, when engaging in
rulemaking that requires us to consider or determine whether an action
is necessary or appropriate in the public interest, to consider, in
addition to the protection of investors, whether the action will
promote efficiency, competition and capital formation.
---------------------------------------------------------------------------

    \83\ 15 U.S.C. 78w(a)(2).
    \84\ 15 U.S.C. 78c(f).
    \85\ 15 U.S.C. 80a-2(c).
---------------------------------------------------------------------------

    The proposed rules are intended to promote the exercise of
shareholder rights under state law and provide shareholders with
information about shareholder proponents of, and shareholder nominees
under, shareholder nomination bylaw amendments. The proposed rules, if
adopted, would establish a fair and transparent mechanism for
shareholders to propose and adopt bylaw amendments to establish
procedures relating to shareholder director nominations inclusion in
the company proxy materials.
    The disclosure requirements in the proposed rules would require
detailed information regarding the background and relationships of
shareholder proponents of the bylaw amendments to be disclosed by the
shareholder proponents and the company. This disclosure would provide
shareholders a better informed basis for deciding whether to approve
the bylaw amendments. Changes to the company's bylaws should therefore
better reflect shareholders' preferences regarding director nomination
procedures. Investors may value the information about whether companies
have subjected these preferences to a vote and provided a specified
alternative procedure for inclusion of shareholder nominees in the
company's proxy materials. This may promote the efficiency of the
exercise of shareholder rights under state law.
    If the shareholders adopt a bylaw amendment and the company is
required to include shareholder nominees in its proxy materials, there
may be increased competition for board positions, which might encourage
or discourage qualified candidates from running. The proposed rules
focus on improving and streamlining information flow between investors
and with the company, which we believe would give more direct effect to
shareholder preferences regarding shareholder director nominees. We
believe these changes are likely to have a limited effect on
efficiency, competition and

capital formation. The effects of the proposed rules could be positive
or negative depending on what shareholders deem is best for them given
the additional information. We request comment on whether the
proposals, if adopted, would promote efficiency, competition and
capital formation or have an impact or burden on competition.
Commenters are requested to provide empirical data and other factual
support for their view, if possible.

VII. Initial Regulatory Flexibility Act Analysis

    This Initial Regulatory Flexibility Analysis has been prepared in
accordance with 5 U.S.C. 603. It relates to proposed revisions to the
rules and forms under the Exchange Act that would permit shareholders
to propose bylaw amendments to establish procedures relating to
shareholder director nominations for inclusion in the company's proxy
materials. The proposed revisions would also facilitate the use of an
electronic shareholder forum by companies and shareholders.

A. Reasons for, and Objectives of, Proposed Action

    The proposed rules are intended to open up communication between
the company and its shareholders, promote the exercise of shareholder
rights under state law, and provide shareholders with better
information to make an informed voting decision by requiring disclosure
about shareholder proponents and shareholder nominees under any
shareholder nomination bylaw amendments.
    The proposals, if adopted, would facilitate the exercise of
shareholders' rights under state law. As proposed, shareholders who
have held more than 5% of the company's securities entitled to be voted
at the meeting for at least one year by the date of their submission
may submit binding proposals to amend the company bylaws to establish
procedures for shareholder nominations of directors. Enabling
shareholders to establish the company's procedures for inclusion of
shareholder nominees on the company's proxy would provide shareholders
with greater control over the use of the company's proxy process.
    In addition, encouraging the use of electronic shareholder forums
and the Internet may have the effect of improving shareholder
communication. Any electronic shareholder forum may enhance
shareholders' ability to communicate not only with management, but also
with each other. Such direct access may improve shareholder relations
to the extent shareholders have improved access to management.

B. Legal Basis

    We are proposing amendments to the forms and rules under the
authority set forth in Sections 13, 14, and 23(a) of the Exchange Act,
as amended and Section 20(a) and 38 of the Investment Company Act, as
amended.

C. Small Entities Subject to the Proposed Rules

    The Regulatory Flexibility Act defines ``small entity'' to mean
``small business,'' ``small organization,'' or ``small governmental
jurisdiction.'' \86\ The Commission's rules define ``small business''
and ``small organization'' for purposes of the Regulatory Flexibility
Act for each of the types of entities regulated by the Commission.\87\
A ``small business'' and ``small organization,'' when used with
reference to an issuer other than an investment company, generally
means an issuer with total assets of $5 million or less on the last day
of its most recent fiscal year. We estimate that there are
approximately 1,100 issuers, other than investment companies, that may
be considered reporting small entities.\88\ For purposes of the
Regulatory Flexibility Act, an investment company is a small entity if
it, together with other investment companies in the same group of
related investment companies, has net assets of $50 million or less as
of the end of its most recent fiscal year.\89\ Approximately 215
investment companies meet this definition.\90\ The proposed rules may
affect each of the approximately 1,315 issuers that may be considered
reporting small entities, to the extent companies and shareholders take
advantage of the proposed procedures.\91\ We request comment on the
number of small entities that would be impacted by our proposals,
including any available empirical data.
---------------------------------------------------------------------------

    \86\ 5 U.S.C. 601(6).
    \87\ Securities Act Rule 157 (17 CFR 230.157) and Exchange Act
Rule 0-10 (17 CFR 240.0-10) contain the applicable definitions.
    \88\ The estimated number of reporting small entities is based
on 2007 data, including the Commission's EDGAR database and Thomson
Financial's Worldscope database.
    \89\ Rule 0-10 under the Investment Company Act [17 CFR 270.0-
10] contains the applicable definition.
    \90\ The estimated number of reporting investment companies that
may be considered small entities is based on December 2006 data from
the Commission's EDGAR database and a third-party data provider.
    \91\ The proposed amendments to Rule 14a-8 would not impact
open-end investment companies that may be small entities because
shareholders of those entities are not eligible to file Schedule
13G, which must be filed in order to rely upon the proposed rule. Of
the 215 investment companies that may be considered small entities,
131 are open-end investment companies.
---------------------------------------------------------------------------

D. Reporting, Recordkeeping and Other Compliance Requirements

    The proposals would require all companies, including small
entities, to permit certain shareholders to submit the specified
binding proposals to amend the company bylaws. Shareholder proponents,
including proponents that are small entities, would be required to
provide the proposed Schedule 13G disclosure regarding background and
relationships with the company and companies would be required to
include similar disclosure provided by the shareholder proponent with
the company's proxy.
    If a bylaw amendment with an alternate shareholder nomination
procedure is adopted, issuers would be required to meet the new
procedural requirements and provide disclosure relating to the
shareholder nominee in the proxy and the nominating shareholders and
shareholder nominees would be required to provide additional
information regarding their background and relationships with the
company.

E. Duplicative, Overlapping or Conflicting Federal Rules

    We believe that there are no rules that conflict with or duplicate
the proposed rules.

F. Significant Alternatives

    The Regulatory Flexibility Act directs us to consider significant
alternatives that would accomplish the stated objective of our
proposals, while minimizing any significant adverse impact on small
entities. In connection with the proposed amendments and rules, we
considered the following alternatives:
     The establishment of different compliance or reporting
requirements or timetables that take into account the resources
available to small entities;
     The clarification, consolidation, or simplification of the
rule's compliance and reporting requirements for small entities;
     The use of performance rather than design standards; and
     An exemption from coverage of the proposed rules, or any
part thereof, for small entities.
    The Commission has considered a variety of reforms to achieve its
regulatory objectives. The proposed amendments, if adopted, would
require companies to include binding bylaw amendments relating to
procedures for shareholder nominations of directors. The proposals are
being made in order to more effectively serve the essential

purpose of the proxy rules to facilitate the exercise of shareholders'
rights under state law. The proposed amendments also would require
additional disclosure by the shareholder proponent (or any subsequent
nominating shareholder or shareholder nominee) and the company of the
background of the proponent and its relationships with the issuer.\92\
We believe this additional disclosure will assist investors in making
an informed voting decision. It is not clear how applying separate
compliance or reporting standards to small entities would further
encourage facilitation of the exercise of these rights. However, we are
considering what level of disclosure would be appropriate for
shareholder proponents, nominating shareholders and shareholder
nominees regarding their background and relationships with the company.
If we require less disclosure from smaller issuers we are concerned
that shareholders may not receive sufficient information with which to
make an informed decision.
---------------------------------------------------------------------------

    \92\ The proposed ability for shareholder proponents to propose
bylaw amendments to be included in the company's proxy material is
linked to their filing on Schedule 13G. A lower ownership threshold
for small entities would not be appropriate due to the loss of the
additional disclosure and safeguards provided by Schedule 13G.
---------------------------------------------------------------------------

    We considered the use of performance standards rather than design
standards in the proposed rules. The proposal contains both performance
standards and design standards. We are proposing design standards to
the extent that we believe that compliance with particular requirements
are necessary. However, to the extent possible, we are proposing rules
that impose performance standards. By allowing companies to establish
their own procedures relating to shareholder nominations, we seek to
provide companies, shareholder proponents and nominating shareholders
with the flexibility to devise the means through which they can comply
with the standards.
    We request comment on whether separate requirements for small
entities would be appropriate. The purpose of the amendments is to
provide certain shareholders with the ability to amend the bylaws to
establish their own procedures for shareholder nominations of directors
and to improve shareholder communications. Exempting small entities
would not appear to be consistent with these goals. The establishment
of any differing compliance or reporting requirements or timetables or
any exemptions for small business issuers may not be in keeping with
the objective of the proposed rules.

G. Solicitation of Comment

    We encourage comments with respect to any aspect of this initial
regulatory flexibility analysis. In particular, we request comments
regarding:
     The number of small entities that may be affected by the
proposals;
     The existence or nature of the potential impact of the
proposals on small entities discussed in the analysis; and
     How to quantify the impact of the proposed rules.
    Commenters are asked to describe the nature of any impact and
provide empirical data supporting the extent of the impact. Such
comments will be considered in the preparation of the final regulatory
flexibility analysis, if the proposals are adopted, and will be placed
in the same public file as comments on the proposed amendments
themselves.

VIII. Small Business Regulatory Enforcement Fairness Act

    For purposes of the Small Business Regulatory Enforcement Fairness
Act of 1996,\93\ a rule is ``major'' if it has resulted, or is likely
to result in:
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    \93\ Pub. L. No. 104-121, Title II, 110 Stat. 857
(1996)(codified in various sections of 50 U.S.C., 15 U.S.C. and as a
note to 5 U.S.C. Sec.  601).
---------------------------------------------------------------------------

     An annual effect on the economy of $100 million or more;
     A major increase in costs or prices for consumers or
individual industries; or
     Significant adverse effects on competition, investment or
innovation.
    We request comment on whether our proposals would be a ``major
rule'' for purposes of SBREFA. We solicit comment and empirical data
on:
     The potential effect on the U.S. economy on an annual
basis;
     Any potential increase in costs or prices for consumers or
individual industries; and
     Any potential effect on competition, investment or
innovation.

IX. Statutory Basis and Text of Proposed Amendments

    We are proposing amendments to rules pursuant to Sections 13, 14,
and 23(a) of the Exchange Act, as amended, and Sections 20(a) and 38 of
the Investment Company Act, as amended.

List of Subjects in 17 CFR Part 240

    Reporting and recordkeeping requirements, Securities.

    In accordance with the foregoing, the Securities and Exchange
Commission proposes to amend Title 17, chapter II of the Code of
Federal Regulations as follows:

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

    1. 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, 78o, 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.; and 18 U.S.C. 1350, unless otherwise
noted.
* * * * *
    2. Section 240.13d-102 is amended by:
    a. Removing the authority citation following the section; and
    b. Adding Items 8A, 8B and 8C.
    The additions are to read as follows:

Sec.  240.13d-102  Schedule 13G--Information to be included in
statements filed pursuant to Sec.  240.13d-1(b), (c), and (d) and
amendments thereto filed pursuant to Sec.  240.13d-2.

* * * * *

Item 8A. Shareholder Proponents

    (a) Definition of shareholder proponent: In this item, the term
``shareholder proponent'' means:
    (1) A person or group that has formed any plans or proposals
regarding an amendment to a company's bylaws, in accordance with Sec.
240.14a-8(i)(8);
    (2) A nominating shareholder as defined in Sec.  240.14a-17(a);
    (3) Any affiliate, executive officer or agent acting on behalf of
the person (or group) described above in Item 8A(a)(1)-(2) with respect
to the plans or proposals; and
    (4) Anyone acting in concert with, or who has agreed to act in
concert with, the person (or group) described above in Item 8A(a)(1)-
(2) with respect to the plans or proposals.
    (b) A shareholder proponent, as defined in section (a), shall
provide the additional disclosure required by Items 8B and 8C.

    Note to Item 8A. For purposes of this Item 8A and for the
disclosures required by Item 8B and Item 8C, the term ``plans or
proposals'' shall include, but not be limited to, the submission of
a proposal to amend a company's bylaws, and instances where a
shareholder proponent has indicated an intent to management to
submit such a proposal or has indicated an intent to management to
refrain from submitting such a proposal conditioned on the taking or
not taking of a corporate action. The term also shall include a
shareholder nomination for director pursuant to a bylaw procedure

established pursuant to Rule 14a-8(i)(8), and instances where a
shareholder proponent has indicated an intent to management to
submit such a nomination or has indicated an intent to management to
refrain from submitting such a nomination conditioned on the taking
or not taking of a corporate action.

Item 8B. Relationships With the Company of Shareholder Proponents

    (a) A shareholder proponent, as defined in Item 8A, must describe
the following:
    (1) Any direct or indirect interest in any contract between the
shareholder proponent and the company or any affiliate of the company
(including any employment agreement, collective bargaining agreement,
or consulting agreement);
    (2) Any pending or threatened litigation in which the shareholder
proponent is a party or a material participant, involving the company,
any of its officers or directors, or any affiliate of the company; and
    (3) Any other material relationship between the shareholder
proponent and the company or any affiliate of the company not otherwise
disclosed.

    Note to Item 8B(a)(3). Any other material relationship of the
shareholder proponent with the company or any affiliate of the
company may include, but is not limited to, whether the shareholder
proponent currently has, or has had in the past, an employment
relationship with the company or any affiliate of the company
(including consulting arrangements).

    (b) A shareholder proponent must describe the following items where
they occurred during the 12 months prior to the formation of any plans
or proposals, or during the pendency of any proposal or nomination:
    (1) Any material transaction of the shareholder proponent with the
company or any affiliate of the company; and
    (2) Any discussion regarding the proposal or nomination between the
shareholder proponent and a proxy advisory firm.
    (c) If the shareholder proponent holds more than 5% of any
enterprise with the same Standard Industrial Classification code as the
company, the shareholder proponent must describe the number and
percentage of securities held in the competitor, as of the date the
shareholder proponent first formed any plans or proposals.
    (d) Describe any material relationship of the shareholder proponent
with any enterprise with the same Standard Industrial Classification
code as the company other than as a shareholder, as of the date the
shareholder proponent first formed any plans or proposals.
    (e) Disclose any meetings or contacts, including direct or indirect
communication by the shareholder proponent, with the management or
directors of the company that occurred during the 12 months prior to
the formation of any plans or proposals or during the pendency of any
proposal or nomination, including:
    (1) Reasonable detail of the content of such direct or indirect
communication;
    (2) A description of the action or actions sought to be taken or
not taken;
    (3) The date of the communication;
    (4) The person or persons to whom the communication was made;
    (5) Whether that communication included any reference to the
possibility of such a proposal or nomination; and
    (6) Any response by the company or its representatives to that
communication prior to the date of filing the required disclosure.

    Note to Item 8B(e). To the extent that a shareholder proponent
conducts regularly scheduled meetings or contacts with management or
directors of a company, the shareholder proponent may describe the
frequency of the meetings and the subjects covered at the meetings
rather than providing information separately for each meeting.
However, if an event or discussion occurred at a specific meeting
that is material to the shareholder proponent's decision to submit a
proposal or nomination, that meeting should be discussed in detail
separately.

Item 8C. Background Information Regarding Shareholder Proponents

    (a) If the shareholder proponent is not a natural person, provide:
    (1) The identity of the natural person or persons associated with
the entity responsible for the formation of any plans or proposals;
    (2) The manner in which such person or persons were selected,
including a discussion of whether or not the equity holders or other
beneficiaries of the shareholder proponent entity played any role in
the selection of such person or persons or otherwise played any role in
connection with any plans or proposals;
    (3) Whether the person or persons associated with the entity
responsible for the formation of any plans or proposals have, in
forming such plans or proposals, a fiduciary duty to the equity holders
or other beneficiaries of the entity;
    (4) The qualifications and background of such person or persons
relevant to the plans or proposals; and
    (5) Any interests or relationships of such person or persons, and
of that entity, that are not shared generally by the other shareholders
of the company and that could have influenced the decision by such
person or persons and the entity to submit a proposal or nomination.
    (b) If the shareholder proponent is a natural person, disclose:
    (1) The qualifications and background of such person or persons
relevant to the plans or proposals; and
    (2) Any interests or relationships of such person or persons that
are not shared generally by the other shareholders of the company and
that could have influenced the decision by such person or persons to
submit a proposal or nomination.

    Note to Item 8C(a)(5) and Item 8C(b)(2). Examples of interests
or relationships of the shareholder proponent not shared by other
shareholders of the company include, but are not limited to,
contractual arrangements, current or previous employment with the
company, employment agreements, consulting agreements, and supplier
or customer relationships.

* * * * *
    3. Section 240.14a-2 is amended by adding paragraph (b)(6) to read
as follows:

Sec.  240.14a-2  Solicitations to which Sec.  240.14a-3 to Sec.
240.14a-15 apply.

* * * * *
    (b) * * *
    (6) Any solicitation in an electronic shareholder forum established
pursuant to the provisions of Rule 14a-18 by or on behalf of any person
who does not seek directly or indirectly, either on its own or
another's behalf, the power to act as proxy for a security holder and
does not furnish or otherwise request, or act on behalf of a person who
furnishes or requests, a form of revocation, abstention, consent or
authorization provided that the solicitation is made more than 60 days
prior to the date announced by a registrant for its next annual or
special meeting of shareholders or if the registrant announces the date
of its next annual or special meeting of shareholders less than 60 days
before the meeting date, then the solicitation may not be made more
than two days following the date of the registrant's announcement of
the meeting date.
    4. Section 240.14a-6 is amended by removing the period at the end
of the undesignated paragraph following paragraph (a)(6), prior to Note
1, and adding a comma in its place; and by adding ``or where the proxy
materials include a shareholder nominee submitted pursuant to a bylaw
adopted in accordance with Sec.  240.14a-8(i)(8).'' after that new
comma.
    5. Section 240.14a-8 is amended by:
    a. Revising paragraph (b)(1); and
    b. Revising paragraph (i)(8);

    The revisions read as follows:

Sec.  240.14a-8  Shareholder proposals.

* * * * *
    (b) * * *
    (1) In order to be eligible to submit a proposal, you must have
continuously held at least $2,000 in market value, or 1%, of the
company's securities entitled to be voted on the proposal at the
meeting for at least one year by the date you submit the proposal;
except where additional eligibility requirements are specified in this
rule. You must continue to hold those securities through the date of
the meeting.
* * * * *
    (i) * * *
    (8) Relates to election: If the proposal relates to a nomination or
an election for membership on the company's board of directors or
analogous governing body or a procedure for such nomination or
election, except for a proposal to establish a procedure by which
shareholder nominees for election of director would be included in the
company's proxy materials, where that proposal:
    (i) Relates to a change in the company's bylaws that would be
binding on the company if approved by the shareholders; and
    (ii) Is submitted by a shareholder (or group of shareholders) that:
    (A) Has continuously held more than 5% of the company's securities
entitled to be voted on the proposal at the meeting for at least one
year by the date the shareholder submits the proposal;
    (B) Is eligible to file a Schedule 13G (Sec.  240.13d-102) as an
institutional investor or a passive investor, including pursuant to
Rule 13d-1(l) (Sec.  240.13d-1(l)); and
    (C) Has filed a statement of beneficial ownership on Schedule 13G
(Sec.  240.13d-102), or an amendment thereto, that contains all
required information;
* * * * *
    6. Add Sec.  240.14a-17 and Sec.  240.14a-18 to read as follows:

Sec.  240.14a-17  Shareholder nominations for election as director.

    (a) A nominating shareholder is any shareholder (or group of
shareholders) that forms any plans or proposals regarding the
submission of a nominee or nominees for director to the company for
inclusion in the company proxy materials, in accordance with a company
bylaw that has been adopted by shareholders, as provided in Sec.
240.14a-8(i)(8).

    Note to Rule 14a-17(a). The formation of any plans or proposals
includes instances where the shareholder has indicated an intent to
management to submit a nomination or has indicated an intent to
management to refrain from submitting a nomination conditioned on
the taking or not taking of a corporate action.

    (b) A nominating shareholder shall provide the information required
by Item 8A, Item 8B, and Item 8C of Schedule 13G (Sec.  240.13d-102) to
the company at the time the shareholder forms any plans or proposals
with regard to submission of a nominee or nominees for director.
Immediately after receiving the information from the nominating
shareholder, the company shall provide the information on its Web site,
or provide a link to a Web site address where the information would
appear. The company also shall include the information provided by the
nominating shareholder pursuant to this section in its proxy statement
or on a Web site to which the proxy statement refers.
    (c) At the time that a nominating shareholder submits to the
company for inclusion in the company proxy materials a nominee or
nominees, in accordance with a company bylaw that has been adopted by
shareholders, as provided in Sec.  240.14a-8(i)(8), the nominating
shareholder must provide to the company, for inclusion in the company
proxy statement or on a Web site to which the proxy statement refers,
the following:
    (1) Information meeting the disclosure requirements of Item 4(b) of
Schedule 14A, as applicable;
    (2) Information meeting the disclosure requirements of Item 5(b) of
Schedule 14A, as applicable;
    (3) Information meeting the disclosure requirements of Item 7 of
Schedule 14A, as applicable;
    (4) Information meeting the disclosure requirements of Item 22(b)
of Schedule 14A, as applicable; and
    (5) The consent of the nominee or nominees to be named in the
company's proxy statement and to serve if elected.
    (d) Where a nominating shareholder fails to provide any of the
information required under paragraphs (b) and (c) of this rule, the
shareholder's nominee will not be required to be included in the
company's proxy materials.
    (e) The company will not be responsible for the information
provided to the company by the nominating shareholder and included in
the company's proxy statement or on a Web site to which the proxy
statement refers, in satisfaction of the company's disclosure
obligations under Regulation 14A.
    (f) Information about a shareholder nominee or nominees that has
been provided to the company by a nominating shareholder, and which is
disclosed in the company's proxy statement or on a Web site to which
the proxy statement refers, in satisfaction of the company's disclosure
obligations under Regulation 14A, will not be deemed incorporated by
reference into any filing under the Securities Act of 1933 or the Act,
except to the extent that the registrant specifically incorporates that
information by reference.

Sec.  240.14a-18  Electronic Shareholder Forums.

    (a) A company or shareholder may establish, maintain, or operate an
electronic shareholder forum to facilitate interaction among
shareholders and between the company and its shareholders as the
company or shareholder deems appropriate. Subject to (b) and (c) of
this Rule, the forum must comply with the federal securities laws,
including Section 14(a) of the Act and its associated regulations,
other applicable federal laws, applicable state law, and the company's
charter and bylaw provisions.
    (b) No company or shareholder because of establishing, maintaining,
or operating an electronic shareholder forum is liable under the
federal securities laws for any statement or information provided by
another person to the electronic shareholder forum. Nothing in this
Rule 14a-18 prevents or alters the application of other provisions of
the federal securities laws, including the provisions for liability for
fraud, deception, or manipulation, or other applicable federal and
state laws to a person or persons providing a statement or information
to an electronic shareholder forum.
    (c) Reliance on the exemption in Rule 14a-2(b)(6) to construct,
maintain, support, or participate in an electronic shareholder forum
does not eliminate a person's eligibility to solicit proxies after the
date that the exemption in Rule 14a-2(b)(6) is available, provided that
any such solicitation is conducted in accordance with this regulation.
    7. Section 240.14a-101 is amended by adding Item 24 and Item 25 to
read as follows:

Sec.  240.14a-101  Schedule 14A. Information required in proxy
statement.

* * * * *

Item 24. Relationships with Shareholder Proponents

    Disclose the nature and extent of relationships between the
shareholder proponent, any affiliate, executive officer or agent of
such shareholder proponent, or anyone acting in concert with, or who
has agreed to act in concert with, such shareholder proponent with

respect to the proposed bylaw amendment submitted in accordance with
Sec.  240.14a-8(i)(8), on the one hand, and the company, on the other,
including:
    (a) Any direct or indirect interest of the shareholder proponent in
any contract with the company or any affiliate of the company
(including any employment agreement, collective bargaining agreement,
or consulting agreement);
    (b) Any pending or threatened litigation in which the shareholder
proponent is a party or a material participant, involving the company,
any of its officers or directors, or any affiliate of the company; and
    (c) Any other material relationship between the shareholder
proponent, the company, or any affiliate of the company not otherwise
disclosed.

    Note to Paragraph (c): Any other material relationship between
the shareholder proponent and the company or any affiliate of the
company may include, but is not limited to, whether the shareholder
proponent currently has, or has had in the past, an employment
relationship with the company (including consulting arrangements).

    (d) With respect to the 12 months prior to a shareholder proponent
forming any plans or proposals, or during the pendency of any proposal,
regarding an amendment to a company's bylaws in accordance with Sec.
240.14a-8(i)(8):
    (1) Any material transaction of the shareholder proponent with the
company or any affiliate of the company; and
    (2) Any meeting or contact, including direct or indirect
communication by the shareholder proponent, with the management or
directors of the company, including:
    (i) Reasonable detail of the content of such direct or indirect
communication;
    (ii) A description of the action or actions sought to be taken or
not taken;
    (iii) The date of the communication;
    (iv) The person or persons to whom the communication was made;
    (v) Whether that communication included any reference to the
possibility of such a proposal; and
    (vi) Any response by the company or its representatives to that
communication prior to the date of filing the required disclosure.

    Note to Paragraph (d)(2): To the extent that a shareholder
proponent conducts regularly scheduled meetings or contacts with
management or directors of a company, the company may describe the
frequency of the meetings and the subjects covered at the meetings
rather than providing information separately for each meeting.
However, if to the company's knowledge, an event or discussion
occurred at a specific meeting that is material to the shareholder
proponent's decision to submit a proposal, that meeting should be
discussed in detail separately.

    Note to Item 24. For purposes of the disclosures required by
this item, the company will be entitled to rely upon the Schedule
13G disclosures of the shareholder proponent concerning the date
upon which the shareholder proponent formed any plans or proposals
with regard to the submission of a proposal to amend a company's
bylaws.

Item 25. Relationships With Nominating Shareholders

    (a) Provide the information submitted to the company by any
nominating shareholder as required by Sec.  240.14a-17(b) and (c).
    (b) Disclose the nature and extent of relationships between the
nominating shareholder, any affiliate, executive officer or agent of
such nominating shareholder, or anyone acting in concert with, or who
has agreed to act in concert with, such nominating shareholder with
respect to a nomination pursuant to a bylaw adopted in accordance with
Rule 14a-8(i)(8), on the one hand, and the company, on the other,
including:
    (1) Any direct or indirect interest of the nominating shareholder
in any contract with the company or any affiliate of the company
(including any employment agreement, collective bargaining agreement,
or consulting agreement);
    (2) Any pending or threatened litigation in which the nominating
shareholder is a party or a material participant, involving the
company, any of its officers or directors, or any affiliate of the
company; and
    (3) Any other material relationship between the nominating
shareholder, the company, or any affiliate of the company not otherwise
disclosed.

    Note to Paragraph (b)(3): Any other material relationship
between the nominating shareholder and the company or any affiliate
of the company may include, but is not limited to, whether the
nominating shareholder currently has, or has had in the past, an
employment relationship with the company (including consulting
arrangements).

    (c) With respect to the 12 months prior to a nominating shareholder
forming any plans or proposals to submit a nomination for director for
inclusion in the company's proxy statement, or during the pendency of
any nomination:
    (1) Any material transaction of the nominating shareholder with the
company or any affiliate of the company; and
    (2) Any meeting or contact, including direct or indirect
communication by the nominating shareholder, with the management or
directors of the company, including:
    (i) Reasonable detail of the content of such direct or indirect
communication;
    (ii) A description of the action or actions sought to be taken or
not taken;
    (iii) The date of the communication;
    (iv) The person or persons to whom the communication was made;
    (v) Whether that communication included any reference to the
possibility of such a nomination; and
    (vi) Any response by the company or its representatives to that
communication prior to the date of submitting the nomination.

    Note to Paragraph (c)(2): To the extent that a nominating
shareholder conducts regularly scheduled meetings or contacts with
management or directors of a company, the company may describe the
frequency of the meetings and the subjects covered at the meetings
rather than providing information separately for each meeting.
However, if to the company's knowledge, an event or discussion
occurred at a specific meeting that is material to the nominating
shareholder's decision to submit a nomination, that meeting should
be discussed in detail separately.

    Note to Item 25. For purposes of the disclosures required by
this item, the company will be entitled to rely upon the disclosures
of the nominating shareholder submitted to the company as required
by Rule 14a-17(c) concerning the date upon which the nominating
shareholder formed any plans or proposals with regard to the
submission of a nominee or nominees to be included in the company's
proxy materials.

* * * * *

    By the Commission.

     Dated: July 27, 2007.
Nancy M. Morris,
Secretary.
[FR Doc. E7-14954 Filed 8-2-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 84, Number 193 (Friday, October 4, 2019)]
[Notices]
[Pages 53136-53137]
[FR Doc No: 2019-21635]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL19-8-003]

PJM Interconnection, LLC; Notice of Filing

    Take notice that on September 13, 2019, PJM Interconnection, L.L.C.
(PJM), submitted a compliance filing containing modifications to the
Amended and Restated Operating Agreement of PJM, pursuant to the
Federal Energy Regulatory Commission's (Commission) August 29, 2019
Order, 168 FERC 61,134.
    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, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to 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 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible online 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 website that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call

(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on October 8, 2019.

    Dated: September 30, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-21635 Filed 10-3-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: August 12, 2009 (Volume 74, Number 154)]
[Notices]
[Page 40582-40583]
[DOCID:fr12au09-56]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2008-0282; FRL-8944-5]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NESHAP for Secondary Aluminum
Production (Renewal), EPA ICR Number 1894.06, OMB Control Number 2060-
0433

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

DATES: Additional comments may be submitted on or before September 11,
2009.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2008-0282, to (1) EPA online using http://www.regulations.gov (our
preferred method), or by e-mail to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
28221T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2)
OMB at: Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th
Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Compliance Assessment
and Media Programs Division, Office of Compliance, Mail Code 2223A,
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On May 30, 2008 (73 FR 31088), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2008-0282, which is available for public viewing
online at http://www.regulations.gov, in person viewing at the
Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Reading Room is<PHONE_NUMBER>, and the telephone number
for the Enforcement and Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper will be made
available for public viewing at http://www.regulations.gov, as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidential Business Information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://
www.regulations.gov.
    Title: NESHAP for Stationary Aluminum Production (Renewal).
    ICR Numbers: EPA ICR Number 1894.06, OMB Control Number 2060-0433.
    ICR Status: This ICR is schedule to expire on September 30, 2009.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: The National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Secondary Aluminum Production were proposed on
February 11, 1999, and promulgated on March 23, 2002, with final rule
amendments published on December 30, 2002.
    These standards apply to component processes at secondary aluminum
production plants that are major sources and area sources. These
sources includes aluminum scrap shredders, thermal chip dryers, scrap
dryers/delacquering kilns/decoating kilns, secondary aluminum
processing units (SAPUs) composed of in-line fluxers and process
furnaces (including both melting and holding furnaces of various
configurations), sweat furnaces, dross-only furnaces, and rotary dross
coolers, commencing construction, or reconstruction after the date of
proposal. Due to a result of a rule amendment in 2002, owners and
operators of certain aluminum die casting facilities, aluminum
foundries, and aluminum extrusion facilities were excluded from the
rule coverage. Respondents do not include the owner or operator of any
facility which is not a major source of hazardous air pollutant (HAP)
emissions, except for those that are area sources of dioxin/furan
emissions.
    In general, all NESHAP standards require initial notifications,
performance tests, and periodic reports. Owners or operators are also
required to maintain records of the occurrence and duration of any
startup, shutdown, and malfunction in the operation of an affected
facility, or any period during which the monitoring system is
inoperative. The notifications, reports, and records are essential in
determining compliance, and are required of all sources subject to
NESHAP. Semiannual reports are also required.
    Any owner or operator subject to the provisions of this subpart
must maintain a file of these measurements, and retain the file for at
least five years following the collection of such measurements,
maintenance reports, and records. All reports are sent to the delegated
state or local authority. In the event that there is no such delegated
authority, the reports are sent directly to the EPA regional office.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information estimated to average 29 hours
per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose and provide information to or for a Federal agency. This
includes the time needed to review instructions, develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying

information, processing and maintaining information, and disclosing and
providing information. All existing ways will have to adjust to comply
with any previously applicable instructions and requirements that have
subsequently changed; train personnel to be able to respond to a
collection of information; search data sources; complete and review the
collection of information; and transmit or otherwise disclose the
information.
    Respondents/Affected Entities: Secondary aluminum production.
    Estimated Number of Respondents: 1,624.
    Frequency of Response: On occasion, initially and semiannually.
    Estimated Total Annual Hour Burden: 93,725.
    Estimated Total Annual Cost: $8,163,900, which includes $7,938,150
in labor costs, $84,000 in capital/startup costs, and $141,750 in
operation and maintenance (O&M) costs.
    Changes in the Estimates: There is no change in the labor hours in
this ICR as compared to the previous one. This is due to two
considerations: (1) The regulations have not changed over the past
three years and do not anticipate changes over the next three years;
and (2) the growth rate for the industry is very low, negative or
nonexistent, so there is no significant change in the overall burden.
It should be noted that there is a change in the cost burden compared
to the previous ICR. The change is due to minor calculation errors.
This ICR reflects the corrections and updates of the labor cost figure.

    Dated: August 6, 2009.
John Moses,
Director, Collection Strategies Division.
[FR Doc. E9-19303 Filed 8-11-09; 8:45 am]

BILLING CODE 6560-50-P


Special Docket for OPP Pesticide Reregistration

Risk Assessments (DVD)

This Special Docket includes risk assessments and related documents for
some pesticides evaluated under EPA’s pesticide reregistration
program.  EPA posted these risk assessments and other documents on its
website in a reregistration status table during the late 1990s and early
2000s.  In updating its web page during 2007, the Agency moved these
documents from the reregistration status table into this Special Docket.

The files contained on this DVD are in standard web format (HTML),
viewable by any web browser, or in Adobe Acrobat Portable Format (PDF),
which requires the Adobe Acrobat PDF reader.  Most browsers have the
Acrobat reader installed with them.

To access the files on this DVD:

Insert the DVD into the DVD disk drive of the computer.

Select “My Computer” from the computer desktop.

Select the DVD disk drive… you should see an icon labeled
“op_special_docket”.

The contents on the DVD should be displayed… select the file
“special_docket” to open the main page of the DVD special docket.

Read through the contents… select the link “Go to the DVD assessment
and related documents” (about ¾ down the page) to display the list of
pesticides.

Select a pesticide from the list to display risk assessment and related
documents available for this pesticide. Select and open a document to be
viewed.  Most of these documents will be in Adobe Acrobat Portable
Format (PDF’s).

To obtain a copy of this DVD and for additional assistance, please
contact the EPA Office of Pesticide Programs Regulatory Public Docket
staff at<PHONE_NUMBER>.


[Federal Register: March 10, 2009 (Volume 74, Number 45)]
[Rules and Regulations]
[Page 10171-10172]
[DOCID:fr10mr09-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2009-0108; Airspace Docket No. 08-ASW-8]
RIN 2120-AA66

Change of Using Agency for Restricted Area 6320; Matagorda, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action changes the using agency of R-6320, Matagorda, TX,
from United States Customs Service'' to ``Continental North American

Aerospace Defense Command Region (CONR).'' The FAA is taking this
action in response to a request from the United States Air Force
(USAF), supported by United States Customs and Border Protection
(legacy United States Customs Service), to reflect an administrative
change of responsibility for the restricted area. There are no changes
to the boundaries; designated altitudes; time of designation; or
activities conducted within the affected restricted area.

DATES: Effective Date: 0901 UTC, May 7, 2009.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace and Rules
Group, Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On December 10, 2008, the USAF requested that the FAA change the
using agency for R-6320 from, ``United States Customs Service'' to
``Continental North American Aerospace Defense Command Region (CONR).''
The USAF request was based on their interest in retaining the
restricted area and expected funding in the future to purchase and
house another aerostat system within that restricted airspace. United
States Customs and Border Protection (legacy United States Customs
Service) confirmed they have no interest in maintaining operational
control over R-6320 and agreed to relinquish the using agency
responsibility to CONR. Coordination with Houston Air Route Traffic
Control Center was effected prior to this using agency change request
being submitted by the USAF.
    Section 73.63 of 14 CFR Part 73 was republished in FAA Order
7400.8R, dated February 5, 2009.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 73 by revising the using agency listed for R-6320, Matagorda, TX;
transferring using agency responsibility for R-6320 from ``United
States Customs Service'' to ``Continental North American Aerospace
Defense Command Region (CONR).'' This is an administrative change and
does not affect the boundaries, designated altitudes, or activities
conducted within the restricted area; therefore, notice and public
procedures under 5 U.S.C. 553(b) are unnecessary.
    The FAA has determined that this action only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with 311d., FAA Order 1050.1E, Environmental Impacts: Policies and
Procedures. This airspace action is not expected to cause any
potentially significant environmental impacts, and no extraordinary
circumstances exist that warrant preparation of an environmental
assessment.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 73, as follows:

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  73.63  [Amended]

0
2. Sec.  73.63 is amended as follows:
* * * * *

R-6320 Matagorda, TX   [Amended]

    By removing the words ``Using agency. United States Customs
Service'' and inserting the words ``Using agency. Continental North
American Aerospace Defense Command Region (CONR).''
* * * * *

    Issued in Washington, DC, March 2, 2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
 [FR Doc. E9-4948 Filed 3-9-09; 8:45 am]

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[Federal Register: June 8, 2006 (Volume 71, Number 110)]
[Notices]
[Page 33305]
[DOCID:fr08jn06-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings; Additional Types of Filings To Be
Included in Combined Notice of Filings

June 1, 2006.
    The purpose of this notice is to announce that effective June 1,
2006, the Commission will issue notices for the following types of
filings using the combined notice of filings method instituted on May
17, 2005.

EC--Applications of Electric Public Utilities For Authority to Sell,
Lease, Purchase, Acquire, or Merge and Applications for Determination
of Jurisdiction
EG--Applications for Exempt Wholesale Generation Determination
ES--Issuance of Securities and Assumption of Liabilities of Electric
Utilities
FC--Foreign Utility Company Request
PH--Exemption from or Waiver of Regulation as Holding Company

    In addition, the Secretary is making the following changes to the
filing procedures for the types of filings listed above:
    1. Filers are no longer required to include draft notices in floppy
disk format with the filing.
    2. Filers requesting a short comment period for the filing must
clearly state such request in the ``Re:'' section of the filing, for
example:

Re: Signal Hill Wichita Falls Power, L.P.
    Docket No. EG06-------
    Request for shortened comment period

    The notices issued under the combined notice of filings method will
be added to eLibrary and will be published in the Federal Register
under the name ``Combined Notice of Filings.'' Each filing will be
listed with its identifying details as follows:
    Docket Number--This item contains a hyperlink to the eLibrary
docket sheet for the docket number.
    Name of Applicant(s)--This item shows the applicant name as it
appears on the filing.
    Description--This item contains a basic description of the filing
and a hyperlink that opens the filed document in eLibrary, as stored in
eLibrary.
    Filing Date--This item shows the date on which the document was
filed with the Commission.
    Accession Number--This item contains a hyperlink that will open the
``Info'' area of eLibrary for the filed document. There may be
instances in which the accession number for the particular filing
changes after issuance of the combined notice. In this case, the user
will have to search eLibrary to access the document.
    Comment Date--This item indicates the comment date for the
particular filing.
    The ``Combined Notice of Filings'' is indexed in eLibrary as
follows, for example: ``Combined Notice of Filings, June 1, 2006: This
notice contains information concerning multiple filings received by
FERC.'' The Commission may issue more than one ``Combined Notice of
Filings'' on any given day. In this case, the eLibrary index will read
as follows, for example: ``Combined Notice of Filings; June 1, 2006
2: This notice contains information concerning multiple
filings received by FERC.''
    In time, the Commission expects to issue the majority of notices of
filings using the combined notice of filings method. By this
initiative, the Commission seeks to simplify the manner in which the
Commission's staff prepares notices and thereby expedite the public
issuance of notices.

Magalie R. Salas,
Secretary.
[FR Doc. E6-8867 Filed 6-7-06; 8:45 am]

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