Federal Register / Vol. 62, No. 6 / Thursday, January 9, 1997 / Rules and Regulations 1281

1 18 CFR Parts 33, 34, 35, 36, 292, and 300.

This review has not been completed.

The Commission believes that

additional time should be provided for

this review, prior to implementation of

the expanded definition of ‘‘subject

security,’’ because of the additional

quotation obligations that may result

from the rules. The Commission also

believes that extending the effective

date will give additional time to

evaluate the effect on existing systems

of the potential increase in quotation

traffic that may be caused by the

mandatory quotation requirement for

exchange-traded securities.

III. Conclusion

For the reasons described above, the

Commission is modifying the effective

date of the Limit Order Display Rule

and the amendments to the Quote Rule

(except as discussed below concerning

subsection (a)(25)(ii) of the Quote Rule)

until the start of business on Monday,

January 13, 1997, rather than on January

10, 1997.

In addition the Commission is

modifying the compliance dates of the

ECN Amendment in order to phase-in

the implementation of the ECN

Amendment. Accordingly, beginning on

January 13, 1997, compliance with the

ECN Amendment will be required with

respect to all exchange-traded securities

and 50 of the 1000 Nasdaq securities, as

identified by Nasdaq for the first phase

of compliance with the Limit Order

Display Rule. On January 31, 1997,

compliance with the ECN Amendment

will be required with respect to the

additional 100 of these 1,000 securities

selected by Nasdaq. The ECN

Amendment will apply to the remaining

850 of the 1,000 securities on February

21, 1997, as identified by Nasdaq. The

next phase-in date will be on March 28,

1997, and, unlike the Limit Order

Display Rule, will cover all remaining

Nasdaq securities. The Commission will

review the operation of the markets

during this phase-in period.

Finally, the Commission is modifying

the effective date of the amendment to

Rule 11Ac1–1(a)(25)(ii) from January 10,

1997, to April 10, 1997. In the interim,

the Commission expects the NASD and

the ITS Participants to continue to

review the NASD’s and ITS Plan’s

limitations on automated quotations.

Dated: January 2, 1997.

By the Commission.

Jonathan G. Katz,

Secretary.

[FR Doc. 97–440 Filed 1–8–97; 8:45 am]

BILLING CODE 8010–01–M

FEDERAL ENERGY REGULATORY

COMMISSION

18 CFR Parts 33, 34, 35, 36, 292 and

300

[Docket No. RM96–16–000; Order No. 593]

Revision of Form of Notice

Requirements; Final Rule

Issued January 2, 1997.

AGENCY: Federal Energy Regulatory

Commission.

ACTION: Final rule.

SUMMARY: The Federal Energy

Regulatory Commission is revising the

form of notice requirements applicable

to filings under several parts of its

regulations. The final rule establishes

requirements for submitting diskette

copies of the notices of filing for the

Federal Register, in addition to the

paper copies currently required, in

order to speed the process of noticing

such filings. In addition, the final rule

makes a minor correction to the

regulations being revised, to delete a

reference to filing fees.

EFFECTIVE DATE: This final rule is

effective on February 10, 1997.

FOR FURTHER INFORMATION CONTACT:

L. Jorn Dakin, (Legal Information),

Office of the General Counsel, Federal

Energy Regulatory Commission, 888

First St. NE., Washington, D.C. 20426,

(202) 208–2172

Michael Miller, (Technical Information),

Office of Executive Director, Federal

Energy Regulatory Commission, 888

First St. NE., Washington, D.C. 20426,

(202) 208–1415.

SUPPLEMENTARY INFORMATION: In

addition to publishing the full text of

this document in the Federal Register,

the Commission also provides all

interested persons an opportunity to

inspect or copy the contents of this

document during normal business hours

in the Public Reference Room at 888

First Street N.E., Washington, DC 20426.

The Commission Issuance Posting

System (CIPS), an electronic bulletin

board service, provides access to the

texts of formal documents issued by the

Commission. CIPS is available at no

charge to the user and may be accessed

using a personal computer with a

modem by dialing 202–208–1397, if

dialing locally, or 1–800–856–3920 if

dialing long distance. CIPS is also

available on the Internet through the

FedWorld System (by modem or

Internet). To access CIPS, set your

communications software to 19200,

14400, 12000, 9600, 7200, 4800, 2400 or

1200 bps, full duplex, no parity, 8 data

bits and 1 stop bit. The full text of this

order will be available on CIPS in ACSII

and WordPerfect 5.1 format. The

complete text on diskette in

WordPerfect format may also be

purchased from the Commission’s copy

contractor, La Dorn Systems

Corporation, also located in the Public

Reference Room at 888 First Street N.E.,

Washington, DC 20426.

I. Introduction

The Federal Energy Regulatory

Commission is revising the form of

notice requirements for filings under

Parts 33, 34, 35, 36, 292 and 300 of the

Commission’s regulations.1 The revised

requirements provide that an electronic

version, in addition to the paper copy,

of the draft notice of filing (in either

ASCII text, WordPerfect 5.1 for DOS or

WordPerfect 5.2 for Windows format) be

submitted on a 31⁄2’’ diskette. This

diskette is to be a part of the filing. In

addition, all entities submitting filings

for which there is not a requirement of

a draft notice (but for which the entity

expects the Commission to issue a

notice) are encouraged to provide a draft

notice in the same fashion as set out in

these revised regulations. Finally, a

reference to filing fees under Part 33 of

the regulations, in the caption and text

of 18 CFR 33.2, will be deleted. The

Commission no longer charges filing

fees for applications under Part 33.

II. Public Reporting Burden

The final rule, if adopted, would

amend reporting requirements, but

would result in insignificant changes to

the reporting burden. In the long term,

the Commission’s switch to electronic

filing should result in further reductions

in reporting burden and savings to the

entities that make such filings. These

reporting requirements are associated

with the following data collections:

Data collection CFR Respondents Frequency Responses Hrs. per

filing Total

FERC–516 ............................................................... Part 35 .............. 328 2.97 975 901 878,500
1282 Federal Register / Vol. 62, No. 6 / Thursday, January 9, 1997 / Rules and Regulations

2 5 U.S.C. 601–612.

Data collection CFR Respondents Frequency Responses Hrs. per

filing Total

FERC–519 ............................................................... Part 33 .............. 30 1 30 80 2,400

FERC–523 ............................................................... Part 34 .............. 60 1 60 110 6,600

FERC–556 ............................................................... Part 292 ............ 332 1 332 1 6 2,047

FERC–716A ............................................................. Part 36 .............. 20 1 20 5 100

1 Rounded off.

To send comments regarding the

burden estimates or other aspects of

these collections of information,

including suggestions for reducing

burdens, please direct them to the

contacts listed under ‘‘Information

Collection Statement.’’

Data Collection/Requirement Costs:

The Commission believes that there will

be minimal cost to implement these

requirements. The Commission believes

that the vast majority of filing entities

are currently preparing these draft

notices in electronic form as a

preliminary to preparing paper copies of

the draft notices, and many filing

entities are already voluntarily

providing draft notices in electronic

form. The Commission is merely

formalizing an existing business

practice.

Internal Review: The Commission has

reviewed in general the requirements

and determined that they are necessary

to expedite the process of preparing and

publishing notices of filings. The

requirements conform to the

Commission’s plan for efficient

information collection, communication

and respond to the requirements of the

Paperwork Reduction Act of 1995 (P.L.

104–13) and the Office of Management

and Budget’s implementing regulations

in 5 CFR 1320 to minimize the burden

on those who are to respond through the

use of the appropriate automated,

electronic, mechanical, or other

technological collection techniques or

other forms of information technology.

The Commission has assured itself, by

means of internal review, that there is

specific, objective support for the

burden estimates associated with the

information collection requirements

established in this final rule.

III. Background

Under various provisions of Parts 33,

34, 35, 36, 292, and 300 of the

Commission’s regulations, an applicant

must file a draft notice of filing for

publication in the Federal Register. In

this final rule, the Commission is

revising the applicable specific sections

of its regulations to require that the

filing entity submit its draft notice on

paper and in electronic form, on a

separate 31⁄2’’ diskette, either in ASCII

text, WordPerfect 5.1 for DOS or

WordPerfect 5.2 for Windows format,

marked with the name of the applicant

and the words ‘‘Notice of Filing.’’ This

revision of the notice requirements in

specific provisions of Parts 33, 34, 35,

36, 292, and 300 will enable the

Commission to accelerate the process by

which notice of filings is provided

through publication in the Federal

Register and, especially, through the

Commission Issuance Posting System

(CIPS), an electronic bulletin board

service that requires that text be in

ASCII text format in order for it to

provide electronic access to the text

information.

In this final rule, the Commission is

also deleting a reference to filing fees in

Part 33 of its regulations. The

Commission no longer requires filing

fees for applications under Part 33, and

so the reference no longer is necessary.

IV. Regulatory Flexibility Act

Certification

The Regulatory Flexibility Act (RFA) 2

generally requires a description and

analysis of final rules that will have

significant economic impact on a

substantial number of small entities.

Most, if not all, of the applicants

required to comply with this final rule

are entities which do not fall within the

RFA’s definition of small entity.

Further, most, if not all, of these entities

already have this material in electronic

form and therefore, forwarding a

diskette to the Commission would not

be an additional burden.

The Commission certifies that

promulgating this rule does not

represent a major Federal action having

a significant economic impact on a

substantial number of small entities.

Therefore, no regulatory flexibility

analysis is required.

V. Information Collection Statement

The Office of Management and

Budget’s (OMB) regulations (5 CFR

1320.12) require that OMB approve

certain information and recordkeeping

requirements. Since this order does not

increase the reporting burden and

formally adopts current business

practices, OMB approval will not be

requested for these collections of

information. When the rule is issued,

the Commission will submit a copy to

OMB for informational purposes only.

Title:

FERC–516, Electric Rate Schedule

Filings

FERC–519, Corporate Applications,

Dispositions of Facilities, Mergers

and Acquisitions of Securities

FERC–523, Applications for

Authorization of Issuance of

Securities

FERC–556, Cogeneration and Small

Power Production

FERC–716A, Application for

Transmission Services Under

Section 211 of the Federal Power

Act

OMB Control No: The following OMB

control numbers correspond to the

collections of information listed above:

1902–0096; 1902–0082; 1902–0043;

1902–0075; and 1902–0168.

Failure to comply with this collection

of information will not result in a

penalty, if you were unaware that a

valid control number assigned by the

Office of Management and Budget must

be displayed on this collection of

information.

Action: Proposed Data Collection

Requirements

Respondents: Public utilities, small

power production and cogeneration

facilities, and Federal Power Marketing

Administrations.

Frequency of Responses: On Occasion

Interested persons may obtain

information on the reporting

requirements by contacting the Federal

Energy Regulatory Commission, 888

First Street, N.E., Washington, D.C.

20426 [Attention: Michael Miller (202)

208–1415, fax: (202) 273–0873] and to

the Office of Information and Regulatory

Affairs of the Office of Management and

Budget, Washington, D.C. 20503

[Attention: Desk Officer for the Federal

Energy Regulatory Commission (202)

395–3087].

VI. National Environmental Policy Act

Analysis

The Commission concludes that

promulgating this rule does not

represent a major Federal action having

significant adverse effect on the human

environment under the Commission’s

regulations implementing the National
Federal Register / Vol. 62, No. 6 / Thursday, January 9, 1997 / Rules and Regulations 1283

3 42 U.S.C. 4332.

4 18 CFR 380.4(a)(2)(ii).

5 5 U.S.C. 553(b).

6Pub. L. No. 104–121, 110 Stat. 847 (1996).

7Pub. L. No. 104–121, 110 Stat. 847, 804(3)(C)

(1996).

Environmental Policy Act.3 This rule is

procedural in nature and does not

substantially change the effect of the

regulation being amended. Therefore,

this rule falls within the categorical

exemptions provided in the

Commission’s regulations.4

Consequently, neither an environmental

impact statement nor an environmental

assessment is required.

VII. Administrative Findings and

Effective Date

This final rule is a matter of agency

organization, procedure, or practice.

Since this rule does not itself alter the

substantive rights or interests of any

interested persons, prior notice and

comment are unnecessary under Section

4 of the Administrative Procedure Act.5

This final rule is effective February

10, 1997.

VIII. Congressional Notification

The Small Business Regulatory

Enforcement Fairness Act of 1996

requires agencies to report to Congress

on the promulgation of certain final

rules prior to their effective dates.6 That

reporting requirement does not apply to

this final rule because it falls within a

statutory exception for rules relating to

agency organization, procedure, or

practice that do not substantially affect

the rights or obligations of non-agency

parties.7

List of Subjects in 18 CFR Parts 33, 34,

35, 36, 292 and 300

Electricity, Reporting and

recordkeeping requirements.

By the Commission.

Lois D. Cashell,

Secretary.

In consideration of the foregoing, the

Commission amends Parts 33, 34, 35,

36, 292, and 300, Chapter I, Title 18,

Code of Federal Regulations, as set forth

below.

PART 33—APPLICATION FOR SALE,

LEASE, OR OTHER DISPOSITION,

MERGER OR CONSOLIDATION OF

FACILITIES, OR FOR PURCHASE OR

ACQUISITION OF SECURITIES OF A

PUBLIC UTILITY

1. The authority citation for Part 33

continues to read as follows:

Authority: 16 U.S.C. 791a–825r, 2601–

2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352.

2. In §33.2, the section heading,

introductory text and paragraph (l) are

revised to read as follows:

§ 33.2 Contents of application.

Each such applicant shall set forth in

its application to the Commission, in

the manner and form and in the order

indicated, the following information

which should insofar as possible be

furnished as to said applicant and each

company whose facilities or securities

are involved:

* * * * *

(l) A form of notice suitable for

publication in the Federal Register, as

well as a copy of the same notice in

electronic format (in either ASCII text,

WordPerfect 5.1 for DOS or WordPerfect

5.2 for Windows format) on a 31⁄2′′

diskette marked with the name of the

applicant and the words ‘‘Notice of

Filing,’’ which will briefly summarize

the facts contained in the application in

such way as to acquaint the public with

its scope and purpose.

PART 34—APPLICATION FOR

AUTHORIZATION OF THE ISSUANCE

OF SECURITIES OR THE ASSUMPTION

OF LIABILITIES

1. The authority citation for Part 34

continues to read as follows:

Authority: 16 U.S.C. 791a–825r, 2601–

2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352.

2. In § 34.3, paragraph (k) is revised to

read as follows:

§ 34.3 Contents of application for issuance

of securities.

* * * * *

(k) A form of notice suitable for

publication in the Federal Register, as

well as a copy of the same notice in

electronic format (in either ASCII text,

WordPerfect 5.1 for DOS or WordPerfect

5.2 for Windows format) on a 31⁄2′′

diskette marked with the name of the

applicant and the words ‘‘Notice of

Filing,’’ setting forth:

(1) The legal name of the applicant;

(2) The securities offered for issuance

including the proposed issue date; and

(3) The comment procedure.

* * * * *

PART 35—FILING OF RATE

SCHEDULES

1. The authority citation for Part 35

continues to read as follows:

Authority: 16 U.S.C. 791a–825r, 2601–

2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352.

2. In § 35.8, the introductory text to

paragraph (a) is revised to read as

follows:

§ 35.8 Comments by interested parties.

(a) Form of notice for Federal

Register. The public utility shall file a

form of notice suitable for publication in

the Federal Register, as well as a copy

of the same notice in electronic format

(in either ASCII text, WordPerfect 5.1

for DOS or WordPerfect 5.2 for

Windows format) on a 31⁄2′′ diskette

marked with the name of the applicant

and the words ‘‘Notice of Filing,’’ which

shall be in the following form:

* * * * *

PART 36—RULES CONCERNING

APPLICATIONS FOR TRANSMISSION

SERVICES UNDER SECTION 211 OF

THE FEDERAL POWER ACT

1. The authority citation for Part 36 is

revised to read as follows:

Authority: 5 U.S.C. 551–557; 16 U.S.C.

791a–825r; 31 U.S.C. 9701; 42 U.S.C. 7107–

7352.

2. In § 36.1, the first sentence of

paragraph (b)(1) is revised to read as

follows:

§ 36.1 Notice provisions applicable to

applications for transmission services

under section 211 of the Federal Power Act.

* * * * *

(b) * * *

(1) A form of notice suitable for

publication in the Federal Register, as

well as a copy of the same statement in

electronic format (in either ASCII text,

WordPerfect 5.1 for DOS or WordPerfect

5.2 for Windows format) on a 31⁄2′′

diskette marked with the name of the

applicant and the words ‘‘Notice of

Filing.’’

* * * * *

PART 292—REGULATIONS UNDER

SECTIONS 201 AND 210 OF THE

PUBLIC UTILITY REGULATORY

POLICIES ACT OF 1978 WITH REGARD

TO SMALL POWER PRODUCTION AND

COGENERATION

1. The authority citation for Part 292

continues to read as follows:

Authority: 16 U.S.C. 791a–825r, 2601–

2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352.

2. In § 292.207, the first sentence of

paragraph (b)(4)(i) is revised to read as

follows:

§ 292.207 Procedures for obtaining

qualifying status.

* * * * *

(b) * * *

(4) Notice. (i) Applications for

certification filed under paragraph (b) of

this section must include a form of

notice of the request for certification

suitable for publication in the Federal

Register, as well as a copy of the same
1284 Federal Register / Vol. 62, No. 6 / Thursday, January 9, 1997 / Rules and Regulations

notice in electronic format (in either

ASCII text, WordPerfect 5.1 for DOS or

WordPerfect 5.2 for Windows format) on

a 31⁄2′′ diskette marked with the name of

the applicant and the words ‘‘Notice of

Filing.’’

* * * * *

PART 300—CONFIRMATION AND

APPROVAL OF THE RATES OF

FEDERAL POWER MARKETING

ADMINISTRATIONS

1. The authority citation for Part 300

continues to read as follows:

Authority: 16 U.S.C. 825s, 832–832l, 838–

838k, 839–839h; 42 U.S.C. 7101–7352; 43

U.S.C. 485–485k.

2. In § 300.10, paragraph (a)(1) is

revised to read as follows:

§ 300.10 Application for confirmation and

approval.

(a) General provisions—(1) Contents

of filing. Any application under this

subpart for confirmation and approval

of rate schedules must include, as

described in this section a letter of

request for rate approval, a form of

notice suitable for publication in the

Federal Register, as well as a copy of

the same notice in electronic format (in

either ASCII text, WordPerfect 5.1 for

DOS or WordPerfect 5.2 for Windows

format) on a 31⁄2′′ diskette marked with

the name of the applicant and the words

‘‘Notice of Filing,’’ the rate schedule, a

statement of revenue and related costs,

the order, if any, placing the rates into

effect on an interim basis, the

Administrator’s Record of Decision or

explanation of the rate development

process, supporting documents, a

certification, and technical supporting

information and analysis.

* * * * *

[FR Doc. 97–380 Filed 1–8–97; 8:45 am]

BILLING CODE 6717–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300447; FRL–5579–7]

RIN 2070–AB78

Myclobutanil; Pesticide Tolerances for

Emergency Exemption

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes a

time-limited tolerance for residues of

the fungicide myclobutanil in or on the

crop group cucurbit vegetables in

connection with EPA’s granting of an

emergency exemption under section 18

of the Federal Insecticide, Fungicide,

and Rodenticide Act authorizing use of

myclobutanil on cucurbit vegetables in

California. This regulation establishes a

maximum permissible level for residues

of myclobutanil in these foods pursuant

to section 408(l)(6) of the Federal Food,

Drug and Cosmetic Act, as amended by

the Food Quality Protection Act of 1996.

The tolerance will expire and be

revoked automatically without further

action by EPA on November 30, 1997.

DATES: This regulation becomes

effective January 9, 1997. This

regulation expires and is revoked

automatically without further action by

EPA on November 30, 1997. Objections

and requests for hearings must be

received by EPA on March 10, 1997.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [OPP–300447],

must be submitted to: Hearing Clerk

(1900), Environmental Protection

Agency, Rm. M3708, 401 M St., SW.,

Washington, DC 20460. Fees

accompanying objections and hearing

requests shall be labeled ‘‘Tolerance

Petition Fees’’ and forwarded to: EPA

Headquarters Accounting Operations

Branch, OPP (Tolerance Fees), P.O. Box

360277M, Pittsburgh, PA 15251. A copy

of any objections and hearing requests

filed with the Hearing Clerk identified

by the docket number, [OPP–300447],

should be submitted to: Public Response

and Program Resources Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring

a copy of objections and hearing

requests to Rm. 1132, CM #2, 1921

Jefferson Davis Hwy., Arlington, VA.

A copy of objections and hearing

requests filed with the Hearing Clerk

may also be submitted electronically by

sending electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Copies of

objections and hearing requests must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Copies of objections and

hearing requests will also be accepted

on disks in WordPerfect 5.1 file format

or ASCII file format. All copies of

objections and hearing requests in

electronic form must be identified by

the docket number [OPP–300447]. No

Confidential Business Information (CBI)

should be submitted through e-mail.

Electronic copies of objections and

hearing requests on this rule may be

filed online at many Federal Depository

Libraries.

FOR FURTHER INFORMATION CONTACT: By

mail: Stephen Schaible, Registration

Division (7505W), Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. Office location,

telephone number, and e-mail: Sixth

Floor, Crystal Station #1, 2800 Jefferson

Davis Highway, Arlington, VA 22202,

(703) 308–8337, e-mail:

schaible.stephen@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA, on

its own initiative, pursuant to section

408(e) and (l)(6) of the Federal Food,

Drug, and Cosmetic Act (FFDCA), 21

U.S.C. 346a(e) and (l)(6), is establishing

a tolerance for residues of the fungicide

myclobutanil [alpha-butyl-alpha-(4-

chlorophenyl)-1H–1,2,4-triazole-1-

propanenitrile] and its metabolite alpha-

(3-hydroxybutyl)-alpha-(4-

chlorophenol)-1H–1,2,4-triazole-1-

propanenitrile (free and bound),

hereafter referred to as myclobutanil, in

or on cucurbit vegetables at 0.3 part per

million (ppm). This tolerance will

expire and be revoked automatically

without further action by EPA on

November 30, 1997.

I. Background and Statutory Authority

The Food Quality Protection Act of

1996 (FQPA) (Pub. L. 104–170) was

signed into law August 3, 1996. FQPA

amends both the Federal Food, Drug,

and Cosmetic Act (FFDCA), 21 U.S.C.

301 et seq., and the Federal Insecticide,

Fungicide, and Rodenticide Act

(FIFRA), 7 U.S.C. 136 et seq. The FQPA

amendments went into effect

immediately. Among other things,

FQPA amends FFDCA to bring all EPA

pesticide tolerance-setting activities

under a new section 408 with a new

safety standard and new procedures.

These activities are described below and

discussed in greater detail in the final

rule establishing the time-limited

tolerance associated with the emergency

exemption for use of propiconazole on

sorghum (61 FR 58135, November 13,

1996).

New section 408(b)(2)(A)(i) allows

EPA to establish a tolerance (the legal

limit for a pesticide chemical residue in

or on a food) only if EPA determines

that the tolerance is ‘‘safe.’’ Section

408(b)(2)(A)(ii) defines ‘‘safe’’ to mean

that ‘‘there is a reasonable certainty that

no harm will result from aggregate

exposure to the pesticide chemical

residue, including all anticipated

dietary exposures and all other

exposures for which there is reliable

information.’’ This includes exposure

through drinking water, but does not

include occupational exposure. Section

408(b)(2)(C) requires EPA to give special

consideration to exposure of infants and