Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Proposed Rules 54063 

37 5 U.S.C. 603. 

38 17 CFR 230.157. 39This is based on data from Asset-Backed Alert. 

See Section IX of the 2010 ABS Proposing Release. 

V. Small Business Regulatory 

Enforcement Fairness Act 

For purposes of the Small Business 

Regulatory Enforcement Fairness Act of 

1996, or ‘‘SBREFA,’’ 37 we solicit data to 

determine whether the proposal 

constitutes a ‘‘major’’ rule. Under 

SBREFA, a rule is considered ‘‘major’’ 

where, if adopted, it results or is likely 

to result in: 

• An annual effect on the economy of 

$100 million or more (either in the form 

of an increase or a decrease); 

• 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 the potential 

impact of the proposed amendment 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. 

Commentators are requested to provide 

empirical data and other factual support 

for their views if possible. 

VI. Consideration of Impact on the 

Economy, Burden on Competition and 

Promotion of Efficiency, Competition 

and Capital Formation 

Section 2(b) of the Securities Act 

requires us, when engaging in 

rulemaking where we are required to 

consider or determine whether an action 

is necessary or appropriate in the public 

interest, to also consider whether the 

action will promote efficiency, 

competition, and capital formation. 

As discussed in greater detail above, 

Rule 312 of Regulation S–T was adopted 

as a temporary filing accommodation so 

that issuers of ABS could present static 

pool information on an Internet Web 

site. The proposed amendment to Rule 

312 of Regulation S–T further extends 

its application for eighteen months. We 

are not proposing changes to the 

conditions of Rule 312 or to the 

disclosure obligations to which it 

applies. We do not believe that an 

eighteen-month extension would 

impose a burden on competition. We 

also believe the extension of the filing 

accommodation would continue to 

promote efficiency and capital 

formation by permitting ABS issuers to 

disclose static pool information in a 

format that is more useful to investors 

and cost-effective and not unduly 

burdensome for asset-backed issuers. 

We request comment on whether the 

proposed amendment, if adopted, 

would promote efficiency, competition, 

and capital formation. Commentators 

are requested to provide empirical data 

and other factual support for their view 

to the extent possible. 

VII. Regulatory Flexibility Act 

Certification 

The Commission hereby certifies 

pursuant to 5 U.S.C. 605(b) that the 

proposed amendment contained in this 

release, if adopted, would not have a 

significant economic impact on a 

substantial number of small entities. 

The proposal relates to the disclosure 

requirements for ABS in Securities Act 

registration statements. Securities Act 

Rule 157 38 defines an issuer, other than 

an investment company, to be a ‘‘small 

business’’ or ‘‘small organization’’ if it 

had total assets of $5 million or less on 

the last day of its most recent fiscal year. 

As the depositor and issuing entity are 

most often limited purpose entities in 

an ABS transaction, we focused on the 

sponsor in analyzing the potential 

impact of the proposal under the 

Regulatory Flexibility Act. Based on our 

data, we only found one sponsor that 

could meet the definition of a small 

broker-dealer for purposes of the 

Regulatory Flexibility Act.39 In 

addition, even if additional sponsors are 

small entities, the proposed amendment 

to Rule 312 would not have a significant 

economic impact on any such entities 

because it only extends a temporary 

filing accommodation that is currently 

in effect. Accordingly, the Commission 

does not believe that the extension, if 

adopted, would have a significant 

economic impact on a substantial 

number of small entities. 

We encourage written comments on 

the Certification. Commentators are 

asked to describe the nature of any 

impact on small entities and provide 

empirical data to support the extent of 

the impact. 

VIII. Statutory Authority and Text of 

the Proposed Amendment 

The amendment described is being 

proposed under the authority set forth 

in Sections 6, 7, 10, 19 and 28 of the 

Securities Act of 1933 (15 U.S.C. 77f, 

77g, 77j, 77s and 77z–3). 

List of Subjects in 17 CFR Part 232 

Reporting and recordkeeping 

requirements, Securities. 

Text of the Proposed Amendment 

For the reasons set out in the 

preamble, the Commission proposes to 

amend title 17, chapter II, of the Code 

of Federal Regulations as follows: 

PART 232—REGULATION S–T— 

GENERAL RULES AND REGULATIONS 

FOR ELECTRONIC FILINGS 

1. The authority citation for part 232 

continues to read, in part, as follows: 

Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 

77s(a), 77z–3, 77sss(a), 78c(b), 78l, 78m, 78n, 

78o(d), 78w(a), 78ll, 80a–6(c), 80a–8, 80a–29, 

80a–30, 80a–37, and 7201 et seq.; and 18 

U.S.C. 1350. 

* * * * * 

2. Amend § 232.312 paragraph (a) 

introductory text by removing 

‘‘December 31, 2010’’ and in its place 

adding ‘‘June 30, 2012’’ in the first 

sentence. 

By the Commission. 

Dated: August 30, 2010. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2010–22019 Filed 9–2–10; 8:45 am] 

BILLING CODE 8010–01–P 

FEDERAL ENERGY REGULATORY 

COMMISSION 

18 CFR Part 35 

[Docket No. RM10–17–000] 

Demand Response Compensation in 

Organized Wholesale Energy Markets; 

Technical Conference 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Announcement of technical 

conference. 

SUMMARY: This provides notice of the 

date and organization for the technical 

conference relating to the Supplemental 

Notice of Proposed Rulemaking (NOPR) 

and Notice of Technical Conference 

issued on August 2, 2010, and 

published in the Federal Register 

August 6, 2010. As described in the 

Supplemental NOPR, the conference 

will address the use of a net benefits test 

for determining when to compensate 

demand response providers and the 

allocation of costs associated with 

demand response. 

DATES: The technical conference will be 

held at the Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426, on September 

13, 2010, beginning at 9 a.m. 

FOR FURTHER INFORMATION CONTACT: 

David Hunger (Technical Information), 

Office of Energy Policy and 

Innovation, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426, (202) 502– 

8148, david.hunger@ferc.gov. 

Caroline Daly (Technical Information), 

Office of Energy Policy and 


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54064 Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Proposed Rules 

1 Demand Response Compensation in Organized 

Wholesale Energy Markets, Notice of Proposed 

Rulemaking, 75 FR 15,362, 130 FERC ¶ 61,213 

(issued March 18, 2010), as supplemented by 

Supplemental Notice of Proposed Rulemaking and 

Notice of Technical Conference (Supplemental 

Notice), 75 FR 47,499, 132 FERC ¶ 61,094 (issued 

August 2, 2010). As stated in the Supplemental 

Notice, comments are due within 30 days of the 

date of the technical conference. Supplemental 

Notice P 19. 

Innovation, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426, (202) 502– 

8931, Caroline.Daly@ferc.gov. Helen Dyson (Legal Information), Office 

of the General Counsel, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 

20426, (202) 502–8856, 

helen.dyson@ferc.gov. 

SUPPLEMENTARY INFORMATION: 

Supplemental Notice of Technical 

Conference and Notice of Comment 

Date 

• August 27, 2010 

Take notice that on September 13, 

2010, the Federal Energy Regulatory 

Commission will convene a staff-led 

technical conference regarding two 

issues pertaining to demand response 

compensation, as previously 

announced: (1) If the Commission were 

to adopt a net benefits test for 

determining when to compensate 

demand response providers, what, if 

any, requirements should apply to the 

methods for determining net benefits; 

and (2) what, if any, requirements 

should apply to how the costs of 

demand response are allocated.1

Comments concerning matters 

addressed at the technical conference 

and other issues related to this 

proceeding are due on or before October 

13, 2010. Details concerning the 

technical conference and comment 

procedures are set forth below. 

I. Technical Conference 

The technical conference will be held 

on September 13, 2010, starting at 9 a.m. 

(EST), in the Commission Meeting 

Room at the Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426. The conference 

will be open for the public to attend and 

advance registration is not required. 

Members of the Commission may attend 

the conference. 

As indicated in the Supplemental 

NOPR, the panelists are invited to 

discuss their views on the possible 

adoption of a net benefits test, including 

the methodologies for determining net 

benefits, and a methodology for 

allocating the costs of demand response. In addition to the above-referenced 

issues and other matters directly 

relevant to this proceeding, discussions 

at the public technical conference may 

relate to matters pending in the 

following additional proceedings: 

Docket No. ER10–765–000, California 

Independent System Operator, Inc. 

(CAISO); and Docket Nos. ER09–1049– 

000, ER09–1049–002, and ER09–1049– 

003, Midwest Independent System 

Operator, Inc. The agenda for this conference is 

attached. If any changes occur, the 

revised agenda will be posted on the 

Calendar of Events page on the 

Commission’s Web site, http:// 

www.ferc.gov, prior to the event. To 

ensure that all speakers have an 

opportunity to address the issues, and to 

have ample time for discussion, 

speakers are asked to limit their opening 

remarks to five minutes. Speakers are 

requested to file their opening remarks 

in this docket and to bring 30 copies to 

the conference. 

Transcripts of the conference will be 

available immediately for a fee from Ace 

Reporting Company (202–347–3700 or 

1–800–336–6646). They will be 

available for free on the Commission’s 

eLibrary system and on the Calendar of 

Events approximately one week after the 

conference. 

A free Webcast of the technical 

conference in this proceeding will be 

available. Anyone with Internet access 

interested in viewing this conference 

can do so by navigating to http:// 

www.ferc.gov’s Calendar of Events and 

locating the appropriate event in the 

Calendar. The Calendar of Events will 

contain a link to the applicable Webcast 

option. The Capitol Connection 

provides technical support for the 

Webcasts and offers the option of 

listening to the conferences via phonebridge for a fee. If you have any 

questions, visit http:// 

www.CapitolConnection.org or call (703) 

993–3100. 

Commission conferences are 

accessible under section 508 of the 

Rehabilitation Act of 1973. For 

accessibility accommodations, please 

send an e-mail to accessibility@ferc.gov 

or call toll free 1–866–208–3372 (voice) 

or 202–208–1659 (TTY), or send a FAX 

to 202–208–2106 with the required 

accommodations. 

For more information about the 

technical conference or comment 

procedures, please contact: 

David Hunger (Technical Information), 

Office of Energy Policy and 

Innovation, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426, (202) 502– 

8148, David.Hunger@ferc.gov. Caroline Daly (Technical Information) 

Office of Energy Policy and 

Innovation, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426, (202) 502– 

8931, Caroline.Daly@ferc.gov. 

Helen Dyson (Legal Information), Office 

of the General Counsel, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 

20426, (202) 502–8856, 

Helen.Dyson@ferc.gov. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–21974 Filed 9–2–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1908 

[Docket No. OSHA–2010–0010] 

RIN 1218–AC32 

Consultation Agreements: Proposed 

Changes to Consultation Procedures 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Proposed rule. 

SUMMARY: OSHA is proposing to revise 

its regulations for the federally-funded 

On-site Consultation Program to: Clarify 

the ability of the Assistant Secretary to 

define sites which would receive 

inspections regardless of Safety and 

Health Achievement and Recognition 

Program (SHARP) exemption status; 

allow Compliance Safety and Health 

Officers to proceed with enforcement 

visits resulting from referrals at sites 

undergoing Consultation visits and at 

sites that have been awarded SHARP 

status; and, limit the deletion period 

from OSHA’s programmed inspection 

schedule for those employers 

participating in the SHARP program. 

DATES: Written comments must be 

submitted on or before November 2, 

2010. 

ADDRESSES: Written comments: You may 

submit comments, identified by docket 

number OSHA–2010–0010, or 

regulatory information number (RIN) 

1218–AC32, by any of the following 

methods: 

Electronically: You may submit 

comments, and attachments 

electronically at http:// 

www.regulations.gov, which is the 

Federal eRulemaking Portal. Follow the 

instructions on-line for making 

electronic submissions; 

Fax: If your submission, including 

attachments, does not exceed 10 pages, 


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