[Federal Register: June 18, 2008 (Volume 73, Number 118)]
[Notices]
[Page 34726-34728]
[DOCID:fr18jn08-55]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2008-0219; FRL-8366-2]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Reporting Requirements Under EPA's Design for the
Environment (DfE) Formulator Product Recognition Program; EPA ICR No.
2302.01, OMB Control No. 2070-new

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request for a new Information

Collection Request (ICR) to the Office of Management and Budget (OMB).
This ICR, entitled: ``Reporting Requirements Under EPA's Design for the
Environment (DfE) Formulator Product Recognition Program,'' is
identified by EPA ICR No. 2302.01 and OMB Control No. 2070-new. Before
submitting the ICR to OMB for review and approval, EPA is soliciting
comments on specific aspects of the proposed information collection.

DATES: Comments must be received on or before August 18, 2008.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2008-0219, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East, Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention:
Docket ID Number EPA-HQ-OPPT-2008-0219. The DCO is open from 8 a.m. to
4 p.m., Monday through Friday, excluding legal holidays. The telephone
number for the DCO is<PHONE_NUMBER>. Such deliveries are only accepted
during the DCO's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2008-0219. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available electronically at http://
www.regulations.gov, or, if only available in hard copy, at the OPPT
Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at
Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC.
The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. The telephone
number of the EPA/DC Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OPPT Docket is<PHONE_NUMBER>. Docket visitors
are required to show photographic identification, pass through a metal
detector, and sign the EPA visitor log. All visitor bags are processed
through an X-ray machine and subject to search. Visitors will be
provided an EPA/DC badge that must be visible at all times in the
building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address: TSCA-
<EMAIL_ADDRESS>    For technical information contact: Clive Davies, Economics,
Exposure and Technology Division (7406M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 564-3821; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What Information is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of PRA, EPA specifically solicits
comments and information to enable it to:
    1. 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.
    2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to
be collected.
    4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

II. What Should I Consider when I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the collection activity.
    7. Make sure to submit your comments by the deadline identified
under DATES.

    8. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

III. What Information Collection Activity or ICR Does this Action Apply
to?

    Affected entities: Entities potentially affected by this action are
companies that formulate end-use, for-sale chemical products.
    Title: Reporting Requirements Under EPA's Design for the
Environment (DfE) Formulator Product Recognition Program.
    ICR numbers: EPA ICR No. 2302.01, OMB Control No. 2070-new.
    ICR status: This ICR is for a new information collection activity.
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, are 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: EPA's DfE Formulator Product Recognition Program formally
recognizes safer products where all ingredients have an environmental
and human health profile showing that they are the safest in their
functional use class. Under the encouragement of this program, leading
companies have made great progress in developing safer, highly
effective chemical products. Since the program's inception in 1997,
formulators have used the program as a portal to OPPT's unique chemical
expertise, information resources, and guidance on greener chemistry.
DfE Formulator partners enjoy Agency recognition, including the use of
the DfE logo on products with the safest possible formulations. In the
future, EPA expects much greater program participation due to rising
demand for safer products. This information collection enables EPA to
accommodate participation by more than nine formulators each year and
to enhance program transparency.
    Information collection activities associated with this program will
assist the Agency in meeting the goals of the Pollution Prevention Act
(PPA) by providing resources and recognition for businesses committed
to promoting and using safer chemical products. In turn, the program
will help businesses meet corporate sustainability goals by providing
the means to, and an objective measure of, environmental stewardship.
Investment analysts and advisers seek these types of measures in
evaluating a corporation's sustainability profile and investment
worthiness. Formulator Program partnership is an important impetus for
prioritizing and completing the transition to safer chemical products.
The Formulator Program is also needed to promote greater use of safer
chemical products by companies unaware of the benefits of such a
change.
    EPA has tailored its request for information, and especially the
Formulator Product Recognition Program application forms, to ensure
that the Agency requests only that information essential to verify
applicants' eligibility for recognition.
    Responses to the collection of information are voluntary.
Respondents may claim all or part of a notice confidential. EPA will
disclose information that is covered by a claim of confidentiality only
to the extent permitted by, and in accordance with, the procedures in
TSCA section 14 and 40 CFR part 2.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to range between
12 and 15 hours per response, depending upon the type of product the
respondent manufactures. Burden means the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or 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;
adjust the existing ways to comply with any previously applicable
instructions and requirements which 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.
    The ICR provides a detailed explanation of this estimate, which is
only briefly summarized here:
    Estimated total number of potential respondents: 32.
    Frequency of response: Annual.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 658 hours.
    Estimated total annual costs: $431,166. This includes an estimated
burden cost of $431,166 and an estimated cost of $0 for capital
investment or maintenance and operational costs.

IV. What is the Next Step in the Process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. EPA will issue another
Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce
the submission of the ICR to OMB and the opportunity to submit
additional comments to OMB. If you have any questions about this ICR or
the approval process, please contact the technical person listed under
FOR FURTHER INFORMATION CONTACT.

List of Subjects

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: June 11, 2008.
James Jones,
Acting Assistant Administrator, Office of Prevention, Pesticides and
Toxic Substances.

[FR Doc. E8-13750 Filed 6-17-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 86, Number 106 (Friday, June 4, 2021)]
[Rules and Regulations]
[Pages 29939-29942]
[FR Doc No: 2021-11674]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0975; Project Identifier 2020-NM-061-AD; Amendment
39-21566; AD 2021-11-04]
RIN 2120-AA64

Airworthiness Directives; De Havilland Aircraft of Canada Limited
(Type Certificate Previously Held by Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain De Havilland Aircraft of Canada Limited Model DHC-8-400, -401,
and -402 airplanes. This AD was prompted by a report of main landing
gear (MLG) retractions after striking an obstacle or severe wheel
imbalance after a tire failure. This AD requires inspections for
correct height of the lock link over-center stop pin and for correct
gaps of the left-hand and right-hand MLG downlock proximity sensors,
replacement of the shim if necessary, corrective actions, and
installation of a new, improved proximity sensor electronic unit (PSEU)
with software changes. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective July 9, 2021.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 9, 2021.

ADDRESSES: For service information identified in this final rule,
contact De Havilland Aircraft of Canada Limited, Q-Series Technical
Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
internet https://dehavilland.com. You may view this service information
at the FAA, Airworthiness Products Section, Operational Safety Branch,
2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2020-0975.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0975; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer,
Mechanical Systems and Administrative Services Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued TCCA AD CF-2016-31R1, dated March 24,
2017 (TCCA AD CF-2016-31R1) (also referred to as the Mandatory
Continuing Airworthiness Information, or the MCAI), to correct an
unsafe condition for certain De Havilland Aircraft of Canada Limited
Model DHC-8-400, -401, and -402 airplanes. You may examine the MCAI in
the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0975.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain De Havilland
Aircraft of Canada Limited Model DHC-8-400, -401, and -402 airplanes.
The NPRM published in the Federal Register on November 2, 2020 (85 FR
69276). The NPRM was prompted by a report of MLG retractions after
striking an obstacle or severe wheel imbalance after a tire failure.
The NPRM proposed to require inspections for correct height of the lock
link over-center stop pin and for correct gaps of the left-hand and
right-hand MLG downlock proximity sensors, replacement of the shim if
necessary, corrective actions, and installation of a new improved PSEU
with software changes. The FAA is issuing this AD to address loss of
MLG downlock signal caused by the vibrations from those events, which
leads to de-energizing the MLG solenoid sequence valve (SSV) and
subsequent removal of hydraulic pressure from the MLG downlock
actuator. Loss of the hydraulic pressure in the downlock actuator,
combined with the vibrations, can cause the stabilizer brace to unlock
and the MLG to subsequently retract. See the MCAI for additional
background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.

Request To Exclude Certain Steps of the Accomplishment Instructions of
Service Information

    Horizon Air requested that paragraphs (g), (h), and (i) of the
proposed AD be revised to require only paragraph 3.B. of the
Accomplishment Instructions of the service bulletins referenced in
those paragraphs. Horizon Air stated that the Job Set-up section
(paragraph 3.A.) of the Accomplishment Instructions do not directly
address the unsafe condition. Horizon Air also asserted that retaining
the Job Set-up sections restricts an operator's ability to do other
maintenance in conjunction with the required service bulletins.
    The FAA disagrees with the request to exclude paragraph 3.A., Job
Set-up, of

the Accomplishment Instructions from this AD's requirements. The Job
Set-up sections of the required service bulletins include specific
procedures for the electrical power and proper configurations of the
nose landing gear (NLG) and MLG, which are necessary for accomplishing
the applicable corrective actions on the PSEUs and proximity detectors
and to prevent possible damage to that equipment. Requiring the Job
Set-up instructions should not, in general, restrict the ability to
schedule other maintenance actions in conjunction with the required
actions. The FAA has not changed this AD in this regard.

Request To Allow Use of Alternative Service Information When Installing
a Certain Part

    Horizon Air requested that paragraph (i) of the proposed AD be
revised to also allow installation of PSEU part number (P/N) 30145-0602
in accordance with Bombardier Service Bulletin 84-32-143, Revision B,
dated November 16, 2016. Horizon Air pointed out that both documents
stated that operators may receive a PSEU with P/N 30145-0601 or 30145-
0602. Further, Horizon Air noted that PSEU P/N 30145-0602 is ``two-way
interchangeable'' with P/N 30145-0601, and that the installation
instructions are the same in both service bulletins.
    The FAA disagrees with the request to revise paragraph (i) of this
AD. The FAA agrees that the service information does state a two-way
interchangeability of PSEU P/N 30145-0601 with PSEU P/N 30145-0602 and
that operators may receive either PSEU P/N due to component
availability. However, the service information also states that those
in receipt of a PSEU must declare the appropriate service information
specific to the PSEU P/N. In addition, while most of the Accomplishment
Instructions between Bombardier Service Bulletin 84-32-143, Revision B,
dated November 16, 2016, and Bombardier Service Bulletin 84-32-149,
dated November 16, 2016, are the same, they are not identical.
Therefore, recording compliance with another service bulletin would not
be in compliance with the applicable corrective actions for the PSEU P/
N. The FAA has not changed the AD in this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for minor
editorial changes. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    De Havilland Aircraft of Canada Limited has issued Bombardier
Service Bulletin 84-32-140, Revision B, dated January 30, 2018. This
service information describes set-up procedures for proper
configuration of the MLG prior to performing subsequent procedures for
inspections for correct height of the lock link over-center stop pin
and for correct gaps of the left-hand and right-hand MLG downlock
proximity sensors, and replacement of the shim.
    De Havilland Aircraft of Canada Limited has also issued Bombardier
Service Bulletin 84-32-143, Revision B, dated November 16, 2016, which
describes procedures for installation of a new, improved PSEU, P/N
30145-0601, with software changes.
    De Havilland Aircraft of Canada Limited has also issued Bombardier
Service Bulletin 84-32-149, dated November 16, 2016, which describes
procedures for installation of a new, improved PSEU, P/N 30145-0602,
with software changes.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 57 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
              Labor cost                      Parts cost            Cost per product     Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Up to 12 work-hours x $85 per hour =   Up to $4,750...........  Up to $5,770...........  Up to $328,890.
 Up to $1,020.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85......            $374             $459
------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or

develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2021-11-04 De Havilland Aircraft of Canada Limited (Type Certificate
Previously Held by Bombardier, Inc.): Amendment 39-21566; Docket No.
FAA-2020-0975; Project Identifier 2020-NM-061-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective July 9, 2021.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to De Havilland Aircraft of Canada Limited (type
certificate previously held by Bombardier, Inc.) Model DHC-8-400, -
401, and -402 airplanes, certificated in any category, having serial
numbers 4001, and 4003 through 4534 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
Gear.

(e) Reason

    This AD was prompted by a report of main landing gear (MLG)
retractions after striking an obstacle or severe wheel imbalance
after a tire failure. The FAA is issuing this AD to address loss of
MLG downlock signal caused by the vibrations from those events,
which leads to de-energizing the MLG solenoid sequence valve and
subsequent removal of hydraulic pressure from the MLG downlock
actuator. Loss of the hydraulic pressure in the downlock actuator,
combined with the vibrations, can cause the stabilizer brace to
unlock and the MLG to subsequently retract.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Downlock Sensor Rigging and Reduced Lock Link Over-Center

    Within 9 months after the effective date of this AD: Verify both
the height of the lock link over-center stop pin and the gap of the
left-hand and right-hand MLG downlock proximity sensors, and perform
corrective actions as required, in accordance with paragraphs 3.A.
and 3.B. of the Accomplishment Instructions of Bombardier Service
Bulletin 84-32-140, Revision B, dated January 30, 2018. Do all
applicable corrective actions before further flight.

(h) Installation of Proximity Sensor Electronic Unit (PSEU) Part Number
(P/N) 30145-0601

    Within 18 months after the effective date of this AD, install
PSEU P/N 30145-0601 in accordance with paragraphs 3.A. and 3.B. of
the Accomplishment Instructions of Bombardier Service Bulletin 84-
32-143, Revision B, dated November 16, 2016.

(i) Installation of PSEU P/N 30145-0602

    Installing PSEU P/N 30145-0602 in accordance with paragraphs
3.A. and 3.B. of the Accomplishment Instructions of Bombardier
Service Bulletin 84-32-149, dated November 16, 2016, also
accomplishes the requirements of paragraphs (g) and (h) of this AD.

(j) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using the service information as specified
in paragraphs (j)(1)(i) or (ii) of this AD.
    (i) Bombardier Service Bulletin 84-32-140, dated August 5, 2016.
    (ii) Bombardier Service Bulletin 84-32-140, Revision A, dated
June 12, 2017.
    (2) This paragraph provides credit for actions required by
paragraphs (g) and (h) of this AD, if PSEU P/N 30145-0601 was
installed before the effective date of this AD using the service
information as specified in paragraphs (j)(2)(i) or (ii) of this AD.
    (i) Bombardier Service Bulletin 84-32-143, dated June 30, 2016.
    (ii) Bombardier Service Bulletin 84-32-143, Revision A, dated
August 5, 2016.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or De
Havilland Aircraft of Canada Limited's TCCA Design Approval
Organization (DAO). If approved by the DAO, the approval must
include the DAO-authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) TCCA AD CF-2016-31R1, dated March 24, 2017, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2020-0975.
    (2) For more information about this AD, contact Darren Gassetto,
Aerospace Engineer, Mechanical Systems and Administrative Services
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (m)(3) and (4) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 84-32-140, Revision B, dated
January 30, 2018.
    (ii) Bombardier Service Bulletin 84-32-143, Revision B, dated
November 16, 2016.
    (iii) Bombardier Service Bulletin 84-32-149, dated November 16,
2016.
    (3) For service information identified in this AD, contact De
Havilland Aircraft of Canada Limited, Q-Series Technical Help

Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
internet https://dehavilland.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 27, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-11674 Filed 6-3-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 235 (Thursday, December 8, 2022)]
[Notices]
[Pages 75245-75246]
[FR Doc No: 2022-26680]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP23-240-000.
    Applicants: MountainWest Overthrust Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: WIC TSA 6344 Amendment No.1 to
be effective 12/1/2022.
    Filed Date: 12/1/22.
    Accession Number: 20221201-5028.
    Comment Date: 5 p.m. ET 12/13/22.

    Docket Numbers: RP23-241-000.
    Applicants: Sea Robin Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Rate Case filed on 12-1-22 to
be effective 1/1/2023.
    Filed Date: 12/1/22.
    Accession Number: 20221201-5040.
    Comment Date: 5 p.m. ET 12/13/22.

    Docket Numbers: RP23-242-000.
    Applicants: Maritimes & Northeast Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Northern to
Direct Energy 2739 eff 12-1-22 to be effective 12/1/2022.
    Filed Date: 12/1/22.
    Accession Number: 20221201-5043.
    Comment Date: 5 p.m. ET 12/13/22.

    Docket Numbers: RP23-243-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Various
Releases eff 12-1-22 to be effective 12/1/2022.
    Filed Date: 12/1/22.
    Accession Number: 20221201-5047.
    Comment Date: 5 p.m. ET 12/13/22.

    Docket Numbers: RP23-244-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Capacity
Release Agreements--12/1/2022 to be effective 12/1/2022.
    Filed Date: 12/1/22.
    Accession Number: 20221201-5048.
    Comment Date: 5 p.m. ET 12/13/22.

    Docket Numbers: RP23-245-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negoitated Rates--Various
Releases eff 12-1-22 to be effective 12/1/2022.
    Filed Date: 12/1/22.
    Accession Number: 20221201-5050.
    Comment Date: 5 p.m. ET 12/13/22.

    Docket Numbers: RP23-246-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: TCO PAL Negotiated Rate
Agreements to be effective 12/1/2022.
    Filed Date: 12/1/22.
    Accession Number: 20221201-5096.
    Comment Date: 5 p.m. ET 12/13/22.

    Docket Numbers: RP23-247-000.
    Applicants: Golden Triangle Storage, Inc.
    Description: Compliance filing: Compliance filing 2022 Dec to be
effective N/A.
    Filed Date: 12/1/22.
    Accession Number: 20221201-5097.
    Comment Date: 5 p.m. ET 12/13/22.

    Docket Numbers: RP23-248-000.
    Applicants: Eastern Gas Transmission and Storage, Inc.
    Description: Compliance filing: EGTS--December 1, 2022 Notice of
Cancellation of Service Agreements to be effective N/A.
    Filed Date: 12/1/22.
    Accession Number: 20221201-5112.
    Comment Date: 5 p.m. ET 12/13/22.

    Docket Numbers: RP23-249-000.
    Applicants: MarkWest Pioneer, L.L.C.
    Description: Sec.  4(d) Rate Filing: Quarterly Fuel Adjustment and
Housekeeping to be effective 1/1/2023.
    Filed Date: 12/1/22.
    Accession Number: 20221201-5115.
    Comment Date: 5 p.m. ET 12/13/22.

    Docket Numbers: RP23-250-000.
    Applicants: Dauphin Island Gathering Partners.
    Description: Sec.  4(d) Rate Filing: Clean-Up Revision Filing to be
effective 1/1/2023.
    Filed Date: 12/1/22.
    Accession Number: 20221201-5118.
    Comment Date: 5 p.m. ET 12/13/22.

    Docket Numbers: RP23-252-000.
    Applicants: Gas Transmission Northwest LLC.
    Description: Compliance filing: Annual Fuel Charge Adjustment 2022
Report to be effective N/A.
    Filed Date: 12/1/22.
    Accession Number: 20221201-5133.
    Comment Date: 5 p.m. ET 12/13/22.

    Docket Numbers: RP23-253-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Rate Schedule S-2 Tracker
Filing (ASA/PCB) eff 12/1/2022 to be effective 12/1/2022.
    Filed Date: 12/1/22.
    Accession Number: 20221201-5134.
    Comment Date: 5 p.m. ET 12/13/22.

    Docket Numbers: RP23-254-000.
    Applicants: ANR Pipeline Company.
    Description: Sec.  4(d) Rate Filing: ANR-DRW Negotiated Rate
Agreement No. 138379 to be effective 12/1/2022.

    Filed Date: 12/1/22.
    Accession Number: 20221201-5137.
    Comment Date: 5 p.m. ET 12/13/22.

    Docket Numbers: RP23-255-000.
    Applicants: East Tennessee Natural Gas, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--EnerVest
Releases to be effective 12/1/2022.
    Filed Date: 12/1/22.
    Accession Number: 20221201-5147.
    Comment Date: 5 p.m. ET 12/13/22.

    Docket Numbers: RP23-256-000.
    Applicants: Tuscarora Gas Transmission Company.
    Description: Sec.  4(d) Rate Filing: TXP-SWG Agmt Amendments to be
effective 12/1/2022.
    Filed Date: 12/1/22.
    Accession Number: 20221201-5150.
    Comment Date: 5 p.m. ET 12/13/22.

    Docket Numbers: RP23-257-000.
    Applicants: Eastern Shore Natural Gas Company.
    Description: Sec.  4(d) Rate Filing: Capital Cost Surcharge #3 to
be effective 1/1/2023.
    Filed Date: 12/1/22.
    Accession Number: 20221201-5151.
    Comment Date: 5 p.m. ET 12/13/22.

    Docket Numbers: RP23-258-000.
    Applicants: Alliance Pipeline L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Various Dec
1 2022 Releases to be effective 12/1/2022.
    Filed Date: 12/1/22.
    Accession Number: 20221201-5154.
    Comment Date: 5 p.m. ET 12/13/22.

    Docket Numbers: RP23-259-000.
    Applicants: NEXUS Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Various
Releases eff 12-1-2022 to be effective 12/1/2022.
    Filed Date: 12/1/22.
    Accession Number: 20221201-5178.
    Comment Date: 5 p.m. ET 12/13/22.

    Docket Numbers: RP23-260-000.
    Applicants: Cameron Interstate Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: Cameron Interstate Pipeline--
Adjustment of Fuel Retainage to be effective 1/1/2023.
    Filed Date: 12/1/22.
    Accession Number: 20221201-5183.
    Comment Date: 5 p.m. ET 12/13/22.

    Docket Numbers: RP23-261-000.
    Applicants: ANR Pipeline Company.
    Description: Sec.  4(d) Rate Filing: Tourmaline--AXP Non-Conforming
Nos. 136174 and 134858 to be effective 1/1/2023.
    Filed Date: 12/1/22.
    Accession Number: 20221201-5190.
    Comment Date: 5 p.m. ET 12/13/22.

    Docket Numbers: RP23-262-000.
    Applicants: Rover Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Summary of Negotiated Rate
Capacity Release Agreements on 12-2-22 to be effective 12/1/2022.
    Filed Date: 12/2/22.
    Accession Number: 20221202-5007.
    Comment Date: 5 p.m. ET 12/14/22.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP22-1229-001.
    Applicants: Honeoye Storage Corporation.
    Description: Compliance filing: HSC 2022 Second Rate Compliance
Filing to be effective 1/1/2023.
    Filed Date: 12/1/22.
    Accession Number: 20221201-5126.
    Comment Date: 5 p.m. ET 12/13/22.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 2, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-26680 Filed 12-7-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 128 (Thursday, July 6, 2023)]
[Notices]
[Pages 43111-43112]
[FR Doc No: 2023-14262]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1930-090]

Southern California Edison Company; Notice of Intent To File
License Application, Filing of Pre-Application Document (Pad),
Commencement of Pre-Filing Process, and Scoping; Request for Comments
on the Pad and Scoping Document, and Identification of Issues and
Associated Study Requests

    a. Type of Filing: Notice of Intent to File License Application for
a New License and Commencing Pre-filing Process.
    b. Project No.: 1930-090.
    c. Dated Filed: May 5, 2023.
    d. Submitted By: Southern California Edison Company (SCE).
    e. Name of Project: Kern River No. 1 Hydroelectric Project (Kern 1
Project).
    f. Location: The Kern 1 Project is located on the lower Kern River
on the western slope of the Sierra Nevada, approximately 15 miles east
of the City of Bakersfield in Kern County, California. The existing
FERC project boundary occupies federal lands within the Sequoia
National Forest which is under the jurisdiction of the U.S. Forest
Service.
    g. Filed Pursuant to: 18 CFR part 5 of the Commission's
Regulations.
    h. Applicant Contact: David Moore, Kern River No. 1 Relicensing
Project Manager, Southern California Edison Company, 1515 Walnut Grove
Avenue, Rosemead, CA 91770;<PHONE_NUMBER>; [email protected].
    i. FERC Contact: Jessica Fefer at<PHONE_NUMBER> or email at
[email protected].
    j. Cooperating Agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item o below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See 94 FERC ]
61,076 (2001).
    k. With this notice, we are initiating informal consultation with:
(a) the U.S. Fish and Wildlife Service and/or the National Oceanic and
Atmospheric Administration Fisheries under section 7 of the Endangered
Species Act and the joint agency regulations thereunder at 50 CFR part
402 and (b) the State Historic Preservation Office, as required by
section 106, National Historic Preservation Act, and the implementing
regulations of the Advisory Council on Historic Preservation at 36 CFR
800.2.
    l. With this notice, we are designating SCE as the Commission's
non-federal representative for carrying out informal consultation,
pursuant to section 7 of the Endangered Species Act and section 106 of
the National Historic Preservation Act.
    m. SCE filed with the Commission a Pre-Application Document (PAD),
including a proposed process plan and schedule, pursuant to 18 CFR 5.6
of the Commission's regulations.
    n. A copy of the PAD may be viewed on the Commission's website
(http://www.ferc.gov) using the ``eLibrary'' link. Enter the docket
number, excluding the last three digits in the docket number field, to
access the document. For assistance, contact FERC at
[email protected] or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    You may register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to these or other pending projects. For assistance, contact
FERC Online Support.
    o. With this notice, we are soliciting comments on the PAD and
Commission staff's Scoping Document 1 (SD1), as well as study requests.
All comments on the PAD and SD1, and study requests should be sent to
the address above in paragraph h. In addition, all comments on the PAD
and SD1, study requests, requests for cooperating agency status, and
all communications to and from staff related to the merits of the
potential application must be filed with the Commission.
    The Commission strongly encourages electronic filing. Please file
all documents using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at https://ferconline.gov/QuickComment.aspx. You must
include your name and contact information at the end of your comments.
For assistance, please contact FERC Support at
[email protected]. In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The first page of any filing should
include docket number P-1930-090.
    All filings with the Commission must bear the appropriate heading:
``Comments on Pre-Application Document,'' ``Study Requests,''
``Comments on Scoping Document 1,'' ``Request for Cooperating Agency
Status,'' or ``Communications to and from Commission Staff.'' Any
individual or entity interested in submitting study requests,
commenting on the PAD or SD1, and any agency requesting cooperating
status must do so by September 5, 2023 .\1\
---------------------------------------------------------------------------

    \1\ The Commission's Rules of Practice and Procedure provide
that if a filing deadline falls on a Saturday, Sunday, holiday, or
other day when the Commission is closed for business, the filing
deadline does not end until the close of business on the next
business day. 18 CFR 385.2007(a)(2) (2022). Because the filing
deadline falls on a Saturday (i.e., September 2, 2023), the filing
deadline is extended until the close of business on Tuesday,
September 5, 2023.

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    p. The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].
    q. The Commission's scoping process will help determine the
required level of analysis and satisfy the National Environmental
Policy Act (NEPA) scoping requirements, irrespective of whether the
Commission prepares an environmental assessment or environmental impact
statement.

Scoping Meetings

    Commission staff will hold two scoping meetings for the project to
receive input on the scope of the NEPA document. An evening meeting
will be held at 6:00 p.m. on August 2, 2023, at the Hilton Garden Inn
in Bakersfield, California, and will focus on receiving input from the
public. A daytime meeting will be held at 9:00 a.m. on the same day, at
the same location, and will focus on the concerns of resource agencies,
non-governmental organizations (NGOs), and Indian tribes. We invite all
interested agencies, Indian Tribes, non-governmental organizations, and
individuals to attend one or both meetings. The times and locations of
these meetings are as follows:

Evening Scoping Meeting

    Date: Wednesday, August 2, 2023.
    Time: 6:00 p.m. (PST).
    Place: Hilton Garden Inn.
    Address: 3625 Marriot Drive, Bakersfield, CA 93308.
    Phone:<PHONE_NUMBER>.

Daytime Scoping Meeting

    Date: Wednesday, August 2, 2023.
    Time: 9:00 a.m. (PST).
    Place: Hilton Garden Inn.
    Address: 3625 Marriot Drive, Bakersfield, CA 93308.
    Phone:<PHONE_NUMBER>.
    SD1, which outlines the subject areas to be addressed in the
environmental document, was mailed to the individuals and entities on
the Commission's mailing list and SCE's distribution list. Copies of
SD1 may be viewed on the web at http://www.ferc.gov, using the
``eLibrary'' link. Follow the directions for accessing information in
paragraph n. Based on all oral and written comments, a Scoping Document
2 (SD2) may be issued. SD2 may include a revised process plan and
schedule, as well as a list of issues, identified through the scoping
process.

Environmental Site Review

    The applicant and Commission staff will conduct an environmental
site review of the project. All interested individuals, agencies,
tribes, and NGOs are invited to attend. All participants are
responsible for their own transportation to/from the project and during
the site visit. Participants must wear sturdy, closed-toe shoes, or
boots. Please RSVP via email to [email protected] or notify David
Moore at<PHONE_NUMBER> on or before July 28, 2023 if you plan to
attend the environmental site review. The time and location of the
environmental site review is as follows:

Kern River No. 1 Project

    Date: Tuesday, August 1, 2023.
    Time: 9:00 a.m. (PST).
    Place: Kern 1 Powerhouse.
    Address: 21400 CA-178, Bakersfield, CA 93306.
    Participants must meet at the Kern 1 Powerhouse parking lot to
begin promptly at 9:00 a.m. with a tour of the powerhouse. After the
powerhouse, we will travel to the Democrat Dam and the Democrat put-in/
take-out recreation site.

Meeting Objectives

    At the scoping meetings, Commission staff will: (1) initiate
scoping of the issues; (2) review and discuss existing conditions; (3)
review and discuss existing information and identify preliminary
information and study needs; (4) review and discuss the process plan
and schedule for pre-filing activity that incorporates the time frames
provided for in Part 5 of the Commission's regulations and, to the
extent possible, maximizes coordination of federal, state, and tribal
permitting and certification processes; and (5) discuss the potential
of any federal or state agency or Indian tribe to act as a cooperating
agency for development of an environmental document.
    Meeting participants should come prepared to discuss their issues
and/or concerns. Please review the PAD in preparation for the scoping
meetings. Directions on how to obtain a copy of the PAD and SD1 are
included in item n of this document.

Meeting Procedures

    Commission staff are moderating the scoping meetings. The meetings
are recorded by an independent stenographer and become part of the
formal record of the Commission proceeding on the project. Individuals,
NGOs, Indian tribes, and agencies with environmental expertise and
concerns are encouraged to attend the meeting and to assist the staff
in defining and clarifying the issues to be addressed in the NEPA
document.

    Dated: June 29, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-14262 Filed 7-5-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Rules and Regulations]
[Pages 16943-16946]
[FR Doc No: 2017-06900]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2012-0773; FRL-9960-55-Region 4]

Air Plan Approval and Air Quality Designation; KY; Redesignation
of the Kentucky Portion of the Louisville 1997 Annual PM2.5
Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: On March 5, 2012, the Commonwealth of Kentucky, through the
Kentucky Energy and Environment Cabinet, Division for Air Quality,
submitted a request for the Environmental Protection Agency (EPA) to
redesignate the portion of Kentucky that is within the bi-state
Louisville, KY-IN fine particulate matter (PM2.5)
nonattainment area (hereinafter referred to as the ``bi-state
Louisville Area'' or ``Area'') to attainment for the 1997 Annual
PM2.5 national ambient air quality standards (NAAQS) and to
approve a state implementation plan (SIP) revision containing a
maintenance plan for the Area. EPA is taking final action to approve
the Commonwealth's plan for maintaining the 1997 Annual
PM2.5 NAAQS in the Area, including the motor vehicle
emission budgets (MVEBs) for nitrogen oxide (NOX) and
PM2.5 for the years 2015 and 2025 for the bi-state
Louisville Area, and incorporate it into the SIP, and to redesignate
the Kentucky portion of the Area to attainment for the 1997 Annual
PM2.5 NAAQS. Additionally, EPA finds the 2025 MVEBs for the
bi-state Louisville Area adequate for the purposes of transportation
conformity.

DATES: This rule is effective April 7, 2017.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0773. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Madolyn Sanchez of the Air Regulatory
Management Section, in the Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Madolyn Sanchez may be reached by phone at<PHONE_NUMBER>,
or via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What is the background for the actions?

    On July 18, 1997, EPA promulgated the first air quality standards
for PM2.5. EPA promulgated an annual standard at a level of
15.0 micrograms per cubic meter ([mu]g/m\3\), based on a 3-year average
of annual mean PM2.5 concentrations. In the same rulemaking,
EPA promulgated a 24-hour standard of 65 [mu]g/m\3\, based on a 3-year
average of the 98th percentile of 24-hour concentrations. On October
17, 2006 (71 FR 61144), EPA retained the annual average NAAQS at 15.0
[mu]g/m\3\ but revised the 24-hour NAAQS to 35 [mu]g/m\3\, based again
on the 3-year average of the 98th percentile of 24-hour concentrations.
    On January 5, 2005 (70 FR 944), and supplemented on April 14, 2005
(70 FR 19844), EPA designated the bi-state Louisville Area as
nonattainment for the Annual 1997 PM2.5 NAAQS. The bi-state
Louisville Area consists of Bullitt and Jefferson Counties in Kentucky
as well as Clark and Floyd Counties and a portion of Jefferson County
(Madison Township) in Indiana.\1\ On November 13, 2009 (74 FR 58688),
EPA promulgated designations for the 24-hour PM2.5 standard
established in 2006, designating the bi-state Louisville Area as
attainment for that NAAQS. That action clarified that the bi-state
Louisville Area was classified unclassifiable/attainment for the 24-
hour NAAQS promulgated in 1997. EPA did not promulgate designations for
the 2006 Annual PM2.5 NAAQS since that NAAQS was essentially
identical to the 1997 Annual PM2.5 NAAQS.
---------------------------------------------------------------------------

    \1\ In a separate submittal, EPA received the redesignation
request and maintenance plan for the Indiana portion of this Area.
On September 9, 2016, EPA took final action to determine that the
entire bi-state Louisville Area has attained the 1997
PM2.5 standard and to approve Indiana's redesignation
request and maintenance plan. See 81 FR 62390.
---------------------------------------------------------------------------

    On March 5, 2012, Kentucky submitted a request to EPA for
redesignation of the Kentucky portion of the bi-state Louisville Area
to attainment for the 1997 Annual PM2.5 NAAQS and a related
SIP revision containing a maintenance plan for the Area. In a notice of
proposed rulemaking (NPRM) published on January 11, 2017 (82 FR 3234),
EPA proposed to approve the Commonwealth's 1997 Annual PM2.5
NAAQS maintenance plan, including the 2025 MVEBs for NOx and direct
PM2.5, for the Kentucky portion of the bi-state Louisville
Area and incorporate the maintenance plan into the SIP, and to
redesignate the Kentucky portion of the bi-state Louisville Area to
attainment for the 1997 Annual PM2.5 NAAQS. In that notice,
EPA also notified the public of the status of the

Agency's adequacy determination for the NOx and direct PM2.5
MVEBs for the Area. No adverse comments were received on the January
11, 2017, proposed rulemaking. The details of Kentucky's submittal and
the rationale for EPA's actions are further explained in the NPRM.

II. What are the effect of these actions?

    Approval of the redesignation request changes the legal designation
of the counties in the Kentucky portion of the bi-state Louisville
Area, found at 40 CFR 81.318, from nonattainment to attainment for the
1997 Annual PM2.5 NAAQS. Approval of Kentucky's associated
SIP revision also incorporates a plan into the SIP for maintaining the
1997 Annual PM2.5 NAAQS in the Kentucky portion of the bi-
state Louisville Area as described in the NPRM. The maintenance plan
also establishes NOx and direct PM2.5 MVEBs for 2025 for the
Area and includes contingency measures to remedy any future violations
of the 1997 Annual PM2.5 NAAQS and procedures for evaluation
of potential violations. The 2025 NOX and PM2.5
MVEBs are 9,311.76 tons per year (tpy) and 324.04 tpy, respectively,
for the Area.
    In the Fine Particulate Matter National Ambient Air Quality
Standards: State Implementation Plan Requirements final rule (final
PM2.5 SIP requirements rule), EPA revoked the 1997 primary
annual PM2.5 NAAQS in areas that had always been attainment
for that NAAQS, and in areas that had been designated as nonattainment
but that were redesignated to attainment before October 24, 2016, the
rule's effective date. See 81 FR 58010 (August 24, 2016). EPA also
finalized a provision that revokes the 1997 primary annual
PM2.5 NAAQS in areas that are redesignated to attainment for
that NAAQS after October 24, 2016, effective on the effective date of
the redesignation of the area to attainment for that NAAQS. See 40 CFR
50.13(d).
    EPA is finalizing the redesignation of the Kentucky portion of the
bi-state Louisville Area to attainment for the 1997 annual
PM2.5 NAAQS and finalizing the approval of the CAA section
175A maintenance plan for the 1997 primary annual PM2.5
NAAQS.\2\ The 1997 primary annual PM2.5 NAAQS will be
revoked in the bi-state Louisville Area on the effective date of this
redesignation, April 7, 2017. Beginning on that date, the Area will no
longer be subject to transportation or general conformity requirements
for the 1997 annual PM2.5 NAAQS due to the revocation of the
primary NAAQS. See 81 FR 58125 (August 24, 2016). The Area is required
to implement the CAA section 175A maintenance plan for the 1997 primary
annual PM2.5 NAAQS that is being approved in today's action
and the prevention of significant deterioration program for the 1997
annual PM2.5 NAAQS. The approved maintenance plan can only
be revised if the revision meets the requirements of CAA section 110(l)
and, if applicable, CAA section 193. The Area is not required to submit
a second 10-year maintenance plan for the 1997 primary annual
PM2.5 NAAQS. See 81 FR 58144 (August 24, 2016).
---------------------------------------------------------------------------

    \2\ CAA section 175A(a) establishes the maintenance plan
requirements that must be fulfilled by nonattainment areas in order
to be redesignated to attainment. That section only requires that
nonattainment areas for the primary standard submit a plan
addressing maintenance of the primary NAAQS in order to be
redesignated to attainment; it does not require nonattainment areas
for secondary NAAQS to submit maintenance plans in order to be
redesignated to attainment. See 42 U.S.C. 7505a(a).
---------------------------------------------------------------------------

III. Final Actions

    EPA is taking two separate, but related, final actions regarding
Kentucky's request to redesignate the Kentucky portion of the bi-state
Louisville Area to attainment for the 1997 PM2.5 NAAQS and
associated SIP revision. First, EPA is approving the maintenance plan
for the bi-state Louisville Area, including the NOX and
direct PM2.5 MVEBs for 2025, and incorporating the
maintenance plan into the Kentucky SIP. Second, EPA is approving
Kentucky's redesignation request and redesignating the Kentucky portion
of the Area from nonattainment to attainment for the 1997 Annual
PM2.5 NAAQS. As mentioned above, approval of the
redesignation request changes the official designation of the counties
in the Kentucky portion of the bi-state Louisville Area for the 1997
Annual PM2.5 NAAQS from nonattainment to attainment, as
found at 40 CFR part 81. EPA is also notifying the public that EPA
finds the newly-established NOX and direct PM2.5
MVEBs for the bi-state Louisville Area adequate for the purpose of
transportation conformity.
    As mentioned above, EPA's most recently promulgated
PM2.5 implementation rule provides that the 1997
PM2.5 NAAQS will be revoked for any area that is
redesignated for the NAAQS upon the effective date of the
redesignation. Therefore, the 1997 primary annual PM2.5
NAAQS is revoked for the Kentucky portion of the bi-state Louisville
Area on the effective date of this redesignation.
    In accordance with 5 U.S.C. 553(d), EPA finds that there is good
cause for this action to become effective immediately upon publication.
This is because a delayed effective date is unnecessary due to the
nature of a redesignation to attainment, which relieves the Area from
certain CAA requirements that would otherwise apply to it. The
immediate effective date for this action is authorized under both 5
U.S.C. 553(d)(1), which provides that rulemaking action may become
effective less than 30 days after publication if the rule grants or
recognizes an exemption or relieves a restriction, and section
553(d)(3), which allows an effective date less than 30 days after
publication as otherwise provided by the agency for good cause found
and published with the rule. The purpose of the 30-day waiting period
prescribed in section 553(d) is to give affected parties a reasonable
time to adjust their behavior and prepare before the final rule takes
effect. This rule, however, does not create any new regulatory
requirements such that affected parties would need time to prepare
before the rule takes effect. Rather, this rule will serve as a basis
for a subsequent action to relieve the Area from certain CAA
requirements. For these reasons, EPA finds good cause under 5 U.S.C.
553(d) for this action to become effective on the date of publication
of this action.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable federal regulations. See 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, these actions merely approve state law as meeting federal
requirements and do not impose additional requirements beyond those
imposed by state law. For this reason, these actions:
     Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735,

October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 6, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control.

    Dated: March 15, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart S--Kentucky

0
2. Section 52.920(e) is amended by adding an entry for ``1997 Annual
PM2.5 Maintenance Plan for the Kentucky portion of the bi-
state Louisville Area'' at the end of the table to read as follows:

Sec.  52.920   Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Kentucky Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                      Applicable       State submittal
   Name of non-regulatory SIP        geographic or      date/effective    EPA approval date      Explanations
            provision             nonattainment area         date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
1997 Annual PM2.5 Maintenance     Bullitt and                  3/5/2012  4/7/2017 [Insert    ...................
 Plan for the Kentucky portion     Jefferson                              citation of
 of the bi-state Louisville Area.  Counties.                              publication].
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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

0
4. In Sec.  81.318, the table entitled ``Kentucky--1997 Annual
PM2.5 NAAQS (Primary and secondary)'' is amended under
``Louisville, KY-IN:'' by revising the entries for ``Bullitt County''
and ``Jefferson County'' to read as follows:

Sec.  81.318   Kentucky.

* * * * *

                                        Kentucky--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                    Designation \a\                       Classification
           Designated area            --------------------------------------------------------------------------
                                          Date \1\                Type               Date \2\          Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Louisville, KY-IN:
    Bullitt County...................        4/7/2017  Attainment.
    Jefferson County.................        4/7/2017  Attainment.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *
[FR Doc. 2017-06900 Filed 4-6-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 26 (Thursday, February 7, 2013)]
[Notices]
[Pages 9083-9086]
[FR Doc No: 2013-02709]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68808; File No. SR-FINRA-2013-012]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change To Extend the Clearly Erroneous Pilot Period and
To Adopt a New Provision in Connection With the Limit Up-Limit Down
Plan

February 1, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 30, 2013, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by FINRA. FINRA has designated
the proposed rule change as constituting a ``non-controversial'' rule
change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which
renders the proposal effective upon receipt of this filing by the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).

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

I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    FINRA is proposing to amend FINRA Rule 11892 (Clearly Erroneous
Transactions in Exchange-Listed Securities) to extend the effective
date of the clearly erroneous pilot, which is currently scheduled to
expire on February 4, 2013. FINRA also proposes to adopt new
supplementary material in connection with the upcoming operation of the
Plan to Address Extraordinary Market Volatility Pursuant to Rule 608 of
SEC Regulation NMS (the ``Limit Up-Limit Down Plan'' or ``Plan'').\4\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012) (the ``Limit Up-Limit Down
Release'').
---------------------------------------------------------------------------

    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    FINRA proposes to amend FINRA Rule 11892 (Clearly Erroneous
Transactions in Exchange-Listed Securities) (the ``Rule'') to extend
the effective date of the amendments set forth in File No. SR-FINRA-
2010-032 (the ``clearly erroneous pilot''), which are currently
scheduled to expire on February 4, 2013,\5\ until September 30, 2013,
and to adopt new Supplementary Material .03 in connection with the
upcoming operation of the Limit Up-Limit Down Plan.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 67579 (August 2,
2012), 77 FR 47467 (August 8, 2012) (Notice of Filing and Immediate
Effectiveness of File No. SR-FINRA-2012-038).
---------------------------------------------------------------------------

Proposal To Extend Pilot
    On September 10, 2010, the Commission approved, on a pilot basis,
changes to the self-regulatory organizations' (``SROs'') clearly
erroneous rules, including FINRA Rule 11892, to provide for uniform
treatment: (1) Of clearly erroneous execution reviews in multi-stock
events involving twenty or more securities; and (2) in the event
transactions occur that result in the issuance of an individual stock
trading pause by the primary market and subsequent transactions that
occur before the trading pause is in effect for transactions otherwise
than on an exchange.\6\ FINRA also adopted additional changes to the
Rule as part of the clearly erroneous pilot that reduced the ability of
FINRA to deviate from the objective standards set forth in the Rule.
FINRA believes the benefits to market participants derived from this
more-objective clearly erroneous rule should continue on a pilot basis
through September 30, 2013, which is the date that FINRA anticipates
that the phased implementation of the Limit Up-Limit Down Plan will be
complete.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 62885 (September 10,
2010), 75 FR 56641 (September 16, 2010) (Order Approving File No.
SR-FINRA-2010-032).
---------------------------------------------------------------------------

    As explained in further detail below, although the Limit Up-Limit
Down Plan is intended to prevent executions that would need to be
deemed erroneous, FINRA believes that certain protections should be
maintained while the industry gains initial experience operating with
the Limit Up-Limit Down Plan, including the provisions of Rule 11892
that currently operate as a pilot.
Proposed Limit Up-Limit Down Provision for Rule 11892
    FINRA proposes to adopt new Supplementary Material .03 to provide
that the existing provisions of Rule 11892 will continue to apply to
all over-the-counter transactions involving an exchange-listed security
reported through a FINRA system, including transactions in securities
subject to the Plan, other than as set forth in proposed Supplementary
Material .03. Accordingly, other than as proposed below, FINRA proposes
to maintain and continue to apply the clearly erroneous standards as it
does today. Notably, this means that FINRA might deem as clearly
erroneous transactions that occur within the price bands disseminated
pursuant to the Limit Up-Limit Down Plan to the extent such
transactions qualify as clearly erroneous under existing criteria.
    As an example, assume that a Tier 1 security pursuant to the Plan
has a reference price of $100.00 pursuant to both the Plan and Rule
11892. The lower price band under the Plan would be $95.00 and the
upper price band under the Plan would be $105.00. An execution could
occur otherwise than on an exchange in this security at $96.00, as this
is within the Plan's price bands. However, if subjected to review as
potentially clearly erroneous, FINRA would deem an execution at $96.00
as clearly erroneous because it exceeds the 3% threshold that is in
place pursuant to Rule 11892(b)(1) for securities priced above $50.00
(i.e., with a reference price of $100.00, any transactions at or below
$97.00 or above $103.00 could be deemed clearly erroneous).
Accordingly, this proposal maintains the status quo with respect to
reviews of clearly erroneous transactions and the application of
objective numerical guidelines by FINRA. The proposal does not increase
the discretion afforded to FINRA in connection with reviews of clearly
erroneous transactions.
    The Limit Up-Limit Down Plan is designed to prevent executions from
occurring outside of dynamic price bands disseminated to the public by
the single plan processor as defined in the Limit Up-Limit Down
Plan.\7\ The possibility remains that a member may experience a
technology or systems problem that results in the occurrence of an
over-the-counter transaction in an exchange-listed security outside of
the applicable price bands. To address this possibility, FINRA proposes
to adopt language to make clear that if a member's technology or
systems issue results in any transaction being reported to a FINRA
system outside of the price bands disseminated pursuant to the Plan, a
FINRA officer, acting on his or her own motion or at the request of a
member, shall review and deem any such trades as clearly erroneous, so
long as the member certifies that the subject transaction(s) occurring
outside of the applicable price bands disseminated pursuant to the Plan
is the result of the member's bona fide technological or systems
issue.\8\
---------------------------------------------------------------------------

    \7\ See Limit Up-Limit Down Release, supra note 4.
    \8\ During for cause reviews of clearly erroneous trades or
examinations of member firms, FINRA will review whether there is
sufficient documentation of technology or system issues to
reasonably substantiate the certifications. FINRA also will review
members' procedures for complying with the Limit Up-Limit Down Plan.
---------------------------------------------------------------------------

    Absent extraordinary circumstances, any action by a FINRA officer
shall be taken in a timely fashion, generally within thirty (30)
minutes of the detection of the erroneous transaction. When
extraordinary circumstances exist, any such action of the FINRA officer
must be taken by no later than

the start of normal market hours on the trading day following the date
on which the execution(s) under review occurred.
    Although FINRA will act as promptly as possible and the proposed
objective standard (i.e., whether an execution occurred outside the
band) should make it feasible to quickly make a determination, FINRA
may require additional time to obtain the required certification from a
member that the transaction(s) outside of the price bands occurred as a
result of the member's bona fide technological or systems issue. In
addition, there may be circumstances in which additional time may be
needed for verification of facts or coordination with outside parties,
including the single plan processor responsible for disseminating the
price bands and other SROs. Accordingly, FINRA believes it necessary to
maintain some flexibility to make a determination outside of the thirty
(30) minute guideline. In addition, FINRA proposes that a transaction
that is deemed clearly erroneous pursuant to new Supplementary Material
.03 would be appealable in accordance with the provisions of Rule
11894. In addition, FINRA proposes to make clear that, in the event
that a single plan processor experiences a technology or systems
problem that prevents the dissemination of price bands, FINRA would
make the determination of whether to deem transactions clearly
erroneous based on Rule 11892 paragraphs (a) and (b) and Supplementary
Material .01.
    FINRA believes that it is consistent with the purpose and intent of
the Plan to deem as clearly erroneous transactions that occur otherwise
than on an exchange and are reported to a FINRA system that occur
outside of the price bands disseminated pursuant to the Plan as a
result of a members technology or systems issue.
    FINRA has filed the proposed rule change for immediate
effectiveness. The effective date of the proposed rule change will be
the date of filing.
2. Statutory Basis
    FINRA believes that the proposal is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities association and, in particular,
with the requirements of Section 15A of the Act.\9\ In particular, the
proposal is consistent with Section 15A(b)(6) \10\ because it is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78o-3.
    \10\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

    FINRA believes that the pilot program promotes just and equitable
principles of trade in that it promotes transparency and uniformity
across SROs concerning reviews of transactions as clearly erroneous.
More specifically, FINRA believes that the extension of the clearly
erroneous pilot would help assure that the determination of whether a
clearly erroneous trade has occurred will be based on clear and
objective criteria, and that the resolution of the incident will occur
promptly through a transparent process. The proposed rule change also
would help assure consistent results in handling erroneous trades
across the U.S. markets, thus furthering fair and orderly markets, the
protection of investors and the public interest. Although the Limit Up-
Limit Down Plan will be operational during the same time period as the
proposed extended clearly erroneous pilot, FINRA believes that
maintaining the clearly erroneous pilot for at least through the phased
implementation of the Plan will help to protect against unanticipated
consequences. To that end, the extension will allow FINRA to determine
whether Rule 11892 is necessary once the Plan is operational and, if
so, whether improvements can be made.
    Further, FINRA believes it is consistent with the protection of
investors and the public interest to adopt objective criteria to deem
transactions reported to a FINRA system outside of the price bands as
clearly erroneous when a member has certified that such transaction was
due to the member's bona fide systems or technology issue.

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

    FINRA does not believe that the proposed rule change implicates any
competitive issues. To the contrary, FINRA believes that the other SROs
also are filing similar proposals and, thus, the proposal will help to
ensure consistent rules across the marketplace.

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

    FINRA has not solicited, and does not intend to solicit, comments
on this proposed rule change. FINRA has not received any written
comments from members or other interested parties.

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

    Because the proposed rule change does not (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-
4(f)(6)(iii) thereunder.\12\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(f)(6)(iii), FINRA provided the Commission with written notice of
its intent to file the proposed rule change, along with a brief
description and the text of the proposed rule change, at least five
business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    FINRA has asked the Commission to waive the 30-day operative delay
so that the proposal may become operative immediately upon filing. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest, as
it will allow the pilot program to continue uninterrupted, thereby
avoiding the investor confusion that could result from a temporary
interruption in the pilot program. For this reason, the Commission
designates the proposed rule change to be operative upon filing.\13\
---------------------------------------------------------------------------

    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2013-012 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2013-012. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room on official business
days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for inspection and copying at the
principal offices of FINRA. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-FINRA-2013-012, and should be submitted on or before
February 28, 2013.
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-02709 Filed 2-6-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Notices]
[Pages 44404-44405]
[FR Doc No: 2017-20196]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER17-2475-000]

Durgin and Crowell Lumber Company, Inc.; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Durgin and Crowell Lumber Company, Inc.'s application for market-based
rate authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 10, 2017.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
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<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: September 18, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-20196 Filed 9-21-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)]
[Notices]
[Page 52264]
[FR Doc No: 2018-22431]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84398; File No. SR-MIAX-2018-19]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Withdrawal of a Proposed Rule Change To Amend
the Fee Schedule Regarding Connectivity Fees for Members and Non-
Members

October 10, 2018.
    On July 31, 2018, Miami International Securities Exchange LLC
(``MIAX'' or the ``Exchange'') filed with the Securities and Exchange
Commission (``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to amend the MIAX Fee Schedule to
increase certain connectivity fees. The proposed rule change was
immediately effective upon filing with the Commission pursuant to
Section 19(b)(3)(A) of the Act.\3\ The proposed rule change was
published for comment in the Federal Register on August 13, 2018.\4\
The Commission received one comment letter on the proposal.\5\ On
September 17, 2018, pursuant to Section 19(b)(3)(C) of the Act, the
Commission: (1) Temporarily suspended the proposed rule change; and (2)
instituted proceedings to determine whether to approve or disapprove
the proposal.\6\ On October 5, 2018, the Exchange withdrew the proposed
rule change (SR-MIAX-2018-19).
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ See Securities Exchange Act Release No. 83786 (August 7,
2018), 83 FR 40106.
    \5\ See Letter from Tyler Gellasch, Executive Director, The
Healthy Markets Association, to Brent J. Fields, Secretary,
Commission, dated September 4, 2018.
    \6\ See Securities Exchange Act Release No. 84175, 83 FR 47955
(September 21, 2018).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-22431 Filed 10-15-18; 8:45 am]
 BILLING CODE 8011-01-P