[Federal Register Volume 85, Number 92 (Tuesday, May 12, 2020)]
[Notices]
[Pages 28059-28061]
[FR Doc No: 2020-10057]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88819; File No. SR-IEX-2020-06]

Self-Regulatory Organizations; Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Modify
the IEX Fee Schedule, Pursuant to IEX Rule 15.110(a) and (c), To
Clarify the Circumstances in Which IEX Offers Certain Physical Port
Connections

May 6, 2020.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on April 22, 2020, the Investors Exchange LLC (``IEX'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Pursuant to the provisions of Section 19(b)(1) under Act,\4\ and
Rule 19b-4 thereunder,\5\ IEX is filing with the Commission a proposed
rule change to modify its Fee Schedule, pursuant to IEX Rule 15.110(a)
and (c), to clarify the circumstances in which IEX offers certain
physical port connections. The Exchange has designated this rule change
as ``non-controversial'' under Section 19(b)(3)(A) of the Act \6\ and
provided the Commission with the notice required by Rule 19b-4(f)(6)
thereunder.\7\
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    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CFR 240.19b-4.
    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4.
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    The text of the proposed rule change is available at the Exchange's
website at www.iextrading.com, at the principal office of the Exchange,
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, the self-regulatory organization
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 statement may be examined at the places specified in Item
IV below. The self-regulatory organization 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
    The Exchange proposes to modify its Fee Schedule, pursuant to IEX
Rule 15.110(a) and (c), to clarify the circumstances in which IEX
offers certain physical port connections. Specifically, the Exchange
proposes to add two footnotes to its Fee Schedule to clarify that 10
gigabit (``10G'') physical connections are available to connect to both
its production and test systems, but 1 gigabit (``1G'') physical
connections are only available to connect to its test system. IEX will
continue to offer all physical connections to the Exchange free of
charge.
    IEX is proposing this change to its Fee Schedule in order to more
clearly denote the various ways market participants can connect to the
Exchange. IEX, like all securities exchanges, offers its Members \8\
physical connections (also called ``physical ports'') through which
Members may ``plug in'' to the Exchange.\9\ These physical ports come
in several forms that offer different amounts of bandwidth into the
Exchange's network. IEX offers two types of physical ports: Either a 1G
or 10G interface.\10\ 10G physical ports are ten times faster than 1G
physical ports. IEX offers 10G physical ports only to connect to the
IEX point-of-presence (``IEX POP'') and Disaster Recovery data centers
(collectively the ``Production Systems'').\11\ 1G physical ports are
the default interface to the IEX Test Facility (``ITF''), which is not
as bandwidth or latency sensitive as the Production Systems, but 10G
physical ports are also available to connect to the ITF.\12\ IEX offers
all physical ports free of charge, but the current IEX Fee Schedule
does not specify which physical ports are used to connect to the
Production Systems or the ITF.\13\
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    \8\ See IEX Rule 1.160(s).
    \9\ Members physically connect to IEX through physical ports,
each of which supports multiple ``logical port'' connections.
Members send and receive data through the logical ports (also known
as ``sessions'') such as order entry messages and market data feeds.
    \10\ See IEX Connectivity Manual (Version 1.80) at 5, available
at https://iextrading.com/docs/IEX%20Connectivity%20Manual.pdf.
    \11\ Prior to January 1, 2017, IEX allowed Members to connect to
the Production Systems through either 1G or 10G physical ports, see
IEX Trading Alert #2016-060 ``Notice of Upcoming Network & Support
Changes'' (October 28, 2016) available at https://iextrading.com/trading/alerts/2016/060/, but always recommended to Members that
they connect via the faster 10G physical ports. See ``Connectivity
Manual (Version 1.0),'' Addendum F-14 to IEX's Form 1 Filing
(September 9, 2015).
    \12\ See supra note 10.
    \13\ See IEX Fee Schedule, available at https://iextrading.com/trading/fees/.
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    Therefore, the Exchange proposes to add two clarifying footnotes to
the ``Connectivity Fees'' section of the IEX Fee Schedule. The first
footnote, after the words ``10G Physical Port,'' states that ``10G
physical ports are available to connect to IEX's production systems
(i.e., the IEX POP and Disaster Recovery Data Centers) and the IEX Test
Facility (`ITF').'' The second footnote, after the words ``1G Physical
Port,'' states that ``1G physical ports are the default connection to
the ITF, but Members may also connect to the ITF through a 10G physical
port.''
    IEX also proposes to make three conforming changes to the
Connectivity Fees section of the IEX Fee Schedule. First, IEX proposes
to renumber current footnote one to footnote three and current footnote
two to footnote four, to reflect the addition of the new footnotes one
and two. And IEX proposes to remove the words ``IEX Test Facility''
from the newly-renumbered footnote three, because the term is defined
in the new footnote one.
2. Statutory Basis
    IEX believes that the proposed rule change is consistent with the
provisions of Section 6(b) \14\ of the Act in general, and furthers the
objectives of Sections 6(b)(4) \15\ of the Act, in particular, in that
it is designed to provide for the equitable allocation of reasonable
dues, fees and other charges among its Members and other persons using
its facilities. The Exchange also believes that the proposed rule
change is consistent with Section 6(b)(5) \16\ of the Act, in
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices; to promote just and equitable
principles of trade; to foster cooperation and coordination with
persons engaged in facilitating transactions in securities; and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest; and is not designed to permit unfair
discrimination between customers, brokers, or dealers.
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    \14\ 15 U.S.C. 78f.
    \15\ 15 U.S.C. 78f(b)(4).
    \16\ 15 U.S.C. 78f(b)(5).
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    Specifically, the Exchange believes that the proposed rule change
is consistent with Section 6(b)(4) of the Act because physical ports
will continue to be available to all Members on the same basis and free
of charge. As described in the Purpose section, all Members will
continue to be able to connect to the IEX Production Systems through
faster 10G physical ports, and may choose to use either 1G or 10G
physical ports to connect to the ITF. As described in the Purpose
section above, this proposed rule change does not change any fees
charged by IEX, but rather provides clarity to market participants as
to which physical port connections are available to connect to the
Production Systems and the ITF.
    The Exchange also believes that the proposed rule change is
consistent with Section 6(b)(5) of the Act because it is designed to
provide enhanced clarity to Members that 1G physical ports are only
available to connect to the ITF, and that physical connections to the
Exchange's Production Systems are only available through a 10G physical
port connection. While the availability of 1G and 10G physical port
connections are clearly described in the IEX Connectivity Manual, as
discussed in the Purpose section, IEX believes that including
descriptive language in the IEX Fee Schedule will provide enhanced
clarity to Members.
    Furthermore, the Exchange believes it is consistent with the Act to
make conforming changes to the Connectivity Fees section of the Fee
Schedule, because the renumbering of the footnotes and deletion of the
duplicative language in the newly-numbered third footnote will provide
enhanced clarity in the IEX Fee Schedule to the benefit of all market
participants.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on intermarket or intramarket competition that is not
necessary or appropriate in furtherance of the purposes of the Act. The
Exchange believes that the proposed rule change does not impact
competition in any respect, since it is merely designed to provide
enhanced clarity to market participants rather than for any competitive
purpose.

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

    Written comments were neither solicited nor received.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \17\ and Rule 19b-4(f)(6) thereunder.\18\
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 prior to
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 \19\ and Rule 19b-
4(f)(6)(iii) thereunder.\20\
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    \17\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and 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. The
Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \21\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\22\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing because the proposed rule
change merely clarifies the IEX Fee Schedule's description of physical
port connections offered by IEX. The Exchange believes that waiver of
the operative delay is consistent with the protection of investors and
the public interest because it will allow the Exchange to provide
clarity to market participants about which physical port connections
may be used to connect to the Production Systems and the ITF, thereby
permitting the Exchange to avoid any potential confusion on the part of
its Members and their associated persons. For this reason, and because
the proposal does not raise any novel issues or affect fees, the
Commission believes that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest.
According, the Commission hereby waives the 30-day operative delay and
designates the proposal operative upon filing.\23\
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    \21\ 17 CFR 240.19b-4(f)(6).
    \22\ 17 CFR 240.19b-4(f)(6)(iii).
    \23\ For purposed only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of this 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. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

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-IEX-2020-06 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-IEX-2020-06. 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-IEX-2020-06, and should be submitted on
or before June 2, 2020.
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    \24\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-10057 Filed 5-11-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Notices]
[Pages 50750-50751]
[FR Doc No: 2021-19542]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-451, OMB Control No. 3235-0509]

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Rule 301 of Regulation ATS

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
previously approved collection of information provided for in Rule 301
of Regulation ATS (17 CFR 242.301) under the Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.) (``Exchange Act'').
    Regulation ATS provides a regulatory structure for alternative
trading systems. Rule 301 of Regulation ATS contains certain record
keeping and reporting requirements, as well as additional obligations
that apply only to alternative trading systems with significant volume.
The Rule requires all alternative trading systems that wish to comply
with Regulation ATS to file an initial operation report on Form ATS.
Alternative trading systems are also required to supply updates on Form
ATS to the Commission describing material changes to the system, file
quarterly transaction reports on Form ATS-R, and file cessation of
operations reports on Form ATS. An alternative trading system with
significant volume is required to comply with requirements for fair
access and systems capacity, integrity, and security. Rule 301 also
imposes certain requirements pertaining to written safeguards and
procedures to protect subscribers' confidential trading information.
    The Commission staff estimates that entities subject to the
requirements of Rule 301 will spend a total of approximately 2,687
hours a year to comply with the Rule.
    Regulation ATS requires ATSs to preserve any records, for at least
three years, made in the process of complying with the systems
capacity, integrity and security requirements.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    The public may view background documentation for this information
collection at the following website: www.reginfo.gov. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication of this notice
to (i) www.reginfo.gov/public/do/PRAMain and (ii) David Bottom,
Director/Chief Information Officer, Securities and Exchange Commission,
c/o Cynthia Roscoe, 100 F Street NE,

Washington, DC 20549, or by sending an email to<EMAIL_ADDRESS>
    Dated: September 7, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-19542 Filed 9-9-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 49 (Wednesday, March 15, 2017)]
[Notices]
[Page 13917]
[FR Doc No: 2017-05175]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Alternative
Pilot Physical Examination and Education Requirements

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to establish a new information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on December 27, 2016. The information collected is used to
verify that pilots in command meet the requirements of the Federal
Aviation Administration (FAA) Extension, Safety, and Security Act of
2016 (FESSA). The new information collection is in response to
implementation of the medical certification of certain small aircraft
pilots section of FESSA. This section of FESSA established a new
voluntary program of physical examination and education requirements
for certain pilots in command in lieu of those pilots holding a medical
certificate.

DATES: Written comments should be submitted by April 14, 2017.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW.,
Washington, DC 20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

FOR FURTHER INFORMATION CONTACT: Ronda Thompson by email at:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-XXXX.
    Title: Alternative Physical Examination and Education Requirements.
    Form Numbers: FAA form 8700-2 & 8700-3.
    Type of Review: New information collection.
    Background: The Federal Aviation Administration (FAA) Extension,
Safety, and Security Act of 2016 (Pub. L. 114-190) (FESSA) was enacted
on July 15, 2016. Section 2307 of FESSSA, medical certification of
certain small aircraft pilots, directed the FAA to ``issue or revise
regulations to ensure that an individual may operate as pilot in
command of a covered aircraft'' if the pilot and aircraft meet certain
prescribed conditions as outlined in FESSA. Those provisions include
requirements for the person to:
     Possess a valid driver's license;
     Have held a medical certificate at any time after July 15,
2006;
     Have not had the most recently held medical certificate
revoked, suspended, or withdrawn;
     Have not had the most recent application for airman
medical certification completed and denied;
     Have taken a medical education course within the past 24
calendar months;
     Have completed a comprehensive medical examination within
the past 48 months;
     Be under the care of a physician for certain medical
conditions;
     Have been found eligible for special issuance of a medical
certificate for certain specified mental health, neurological, or
cardiovascular conditions;
     Consent to a National Driver Register check;
     Fly only certain small aircraft, at a limited altitude and
speed, and only within the United States;
     Not fly for compensation or hire.
    The FAA notes that the use of section 2307 by any eligible pilot is
voluntary. Persons may elect to use these alternative pilot physical
examination and education requirements or may continue to operate using
any FAA medical certificate.
    On January 11, 2017, the FAA published a final rule, Alternative
Pilot Physical Examination and Education Requirements, to implement the
provisions of section 2307 (RIN 2120-AK96). 82 FR 3149. The FAA
recognizes that many persons will choose to use the provisions of
section 2307 in lieu of holding a FAA-issued medical certificate.
Accordingly, the FAA is providing notice of its intent to establish a
new collection of information, Alternative Pilot Physical Examination
and Education Requirements (OMB control number 2120-XXXX), to reflect
the burden associated with the requirements of section 2307.
    In a separate notice, the FAA is providing notice of its intent to
reduce the burden associated with the existing information collection,
Medical Standards and Certification (OMB control number 2120-0034) by
the population anticipated to use the provisions of section 2307.
    Respondents: Approximately 453,993 individuals.
    Frequency: On occasion.
    Estimated Average Burden per Response: 21 minutes.
    Estimated Total Annual Burden: 159,000 hours.

    Issued in Washington, DC, on March 9, 2017.
Ronda L. Thompson,
FAA Information Collection Clearance Officer, Performance, Policy &
Records Management Branch, ASP-110.
[FR Doc. 2017-05175 Filed 3-14-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Rules and Regulations]
[Pages 89568-89572]
[FR Doc No: 2023-28720]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2396; Project Identifier MCAI-2023-01147-R;
Amendment 39-22641; AD 2023-25-14]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-27-
09, which applied to certain Airbus Helicopters Model EC130T2
helicopters. AD 2022-27-09 required repetitively inspecting the
vibration level on the tail rotor drive shaft and, depending on the
results, taking corrective action. AD 2022-27-09 also required
reporting information and prohibited installing certain rotor drive
shafts unless the inspection was done. Since the FAA issued AD 2022-27-
09, Airbus Helicopters revised its service information to update the
procedures for inspecting that vibration level, reduce an allowable
vibration level, and clarify when a balance correction may be
accomplished. This AD was prompted by the determination that a certain
vibration measurement tool was providing unexpected results and
therefore the threshold must be revised. This AD continues to require
certain actions in AD 2022-27-09 and also revises the procedures for
inspecting the vibration level on the tail rotor drive shaft and
depending on these results, requires replacing certain parts, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective January 12, 2024.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 28,
2023.
    The FAA must receive comments on this AD by February 12, 2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Material Incorporated by Reference:
     For EASA material identified in this final rule, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; You may find this material on the
website ad.easa.europa.eu.
     You may view this material at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Parkway, Room 6N-
321, Fort Worth, TX 76177. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    Other Related Service Information:
     For Airbus Helicopters service information identified in
this final rule, contact Airbus Helicopters, 2701 North Forum Drive,
Grand Prairie, TX 75052; phone<PHONE_NUMBER> or<PHONE_NUMBER>; fax
(972) 641-3775; or at airbus.com/en/products-services/helicopters/hcare-services/airbusworld. You may also view this service information
at the FAA contact information under Material Incorporated by Reference
above.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for
and locating Docket No. FAA-2023-2396; 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, the EASA AD,
any comments received, and other information. The street address for
Docket Operations is listed above. Comments will be available in the AD
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Dan McCully, Aviation Safety Engineer,
FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (404)
474-5548; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2023-2396; Project Identifier MCAI-
2023-01147-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act

(FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your
comments responsive to this AD contain commercial or financial
information that is customarily treated as private, that you actually
treat as private, and that is relevant or responsive to this AD, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission containing CBI as ``PROPIN.''
The FAA will treat such marked submissions as confidential under the
FOIA, and they will not be placed in the public docket of this AD.
Submissions containing CBI should be sent to Dan McCully, Aviation
Safety Engineer, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; email [email protected]. Any commentary
that the FAA receives that is not specifically designated as CBI will
be placed in the public docket for this rulemaking.

Background

    The FAA issued AD 2022-27-09, Amendment 39-22294 (88 FR 2199,
January 13, 2023) (AD 2022-27-09), for certain Airbus Helicopters Model
EC130T2 helicopters. AD 2022-01-05 was prompted by EASA Emergency AD
2022-0251-E, dated December 14, 2022 (EASA AD 2022-0251-E), originated
by EASA, which is the Technical Agent for the Member States of the
European Union. EASA AD 2022-0251-E was issued to correct an unsafe
condition on Airbus Helicopters Model EC 130 T2 helicopters with
modification 079809 incorporated in production. AD 2022-27-09 required
repetitively inspecting the balancing of the tail rotor drive shaft by
measuring the vibration level. Depending on the results, AD 2022-27-09
required accomplishing corrective action in accordance with a method
approved by the FAA, EASA, or Airbus Helicopters' EASA Design
Organization Approval, and reporting the results to Airbus Helicopters.
Lastly, AD 2022-27-09 prohibited installing certain part-numbered tail
rotor drive shafts on any helicopter unless its requirements were met.
The FAA issued AD 2022-27-09 to address an excessive vibration level on
the tail rotor drive shaft, which could result in failure of the tail
rotor drive shaft and subsequent loss of yaw control of the helicopter.

Actions Since AD 2022-27-09 Was Issued

    Since the FAA issued AD 2022-27-09, EASA superseded EASA AD 2022-
0251-E by issuing EASA Emergency AD 2023-0190-E, dated November 2, 2023
(EASA AD 2023-0190-E), to correct an unsafe condition on Airbus
Helicopters Model EC 130 T2 helicopters with modification 079809
incorporated in production. EASA AD 2023-0190-E states that it was
identified that one of the vibration measurement tools was providing
different results than expected and therefore it was determined that
the threshold must be revised. Consequently, Airbus Helicopter revised
its service information to provide updated vibration inspection
instructions, reduce an allowable vibration level, and clarify when a
balance correction may be accomplished. Accordingly, EASA AD 2023-0190-
E retains the requirements of EASA AD 2022-0251-E and depending on the
results of the updated vibration inspection, requires replacing certain
parts with new (zero total hours time-in-service) parts. Additionally,
EASA AD 2023-0190-E prohibits performing a balance correction unless it
is performed concurrently with replacement of certain parts by
following certain procedures. However, if a balance correction has
already been performed independent of replacing the sliding flange and
the splined sleeve equipped, EASA AD 2023-0190-E requires contacting
Airbus Helicopter for further approved instructions. EASA considers its
AD an interim action and states that further AD action may follow. See
EASA AD 2023-0190-E for additional background information.
    Additionally, the FAA discovered that an incorrect U.S. fleet count
was provided in the Costs of Compliance section of AD 2022-27-09. This
AD corrects that count.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0190-E requires repetitively checking the balancing of
the tail rotor drive shaft by measuring the vibration level. Depending
on the results, EASA AD 2023-0190-E requires replacing certain parts
with new parts. EASA AD 2023-0190-E also prohibits performing a balance
correction unless this action is performed concurrently with replacing
certain parts. If a balance correction has already been performed
independently of replacing those parts, EASA AD 2023-0190-E requires
contacting Airbus Helicopters to obtain approved instructions and
accomplishing those instructions. EASA AD 2023-0190-E also requires
reporting the vibration measurements to Airbus Helicopters. Lastly,
EASA AD 2023-0190-E prohibits installing certain part-numbered tail
rotor drive shafts on any helicopter unless its requirements are met.
    This material 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.

Other Related Service Information

    The FAA reviewed Airbus Helicopters Emergency Alert Service
Bulletin No. EC130-05A042, Revision 1, dated November 2, 2023 (EASB
EC130-05A042 Rev 1). This service information specifies procedures for
measuring the vibration level on the tail rotor drive shaft, reporting
the results to Airbus Helicopters, and replacing the sliding flange and
the splined sleeve equipped.
    The FAA also reviewed AMM Task 65-11-01,5-1A, Adjustment--Balancing
of the tail rotor drive line (with the STEADY Control tuning
equipment)--Tail Drive Line POST MOD 079809 and AMM Task 65-11-01,5-1B,
Adjustment--Balancing of the tail rotor drive shaft (with the VIBREX
2000 adjustment equipment)--Tail Drive Line POST MOD 079809, both
Update 2 and dated July 3, 2022. This service information specifies
procedures for measuring the vibration level on the tail rotor drive
shaft, analyzing the results, and balancing the tail rotor drive line
or shaft.

FAA's Determination

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA of the
unsafe condition described in its emergency AD. The FAA is issuing this
AD after evaluating all pertinent information and determining that the
unsafe condition exists and is likely to exist or develop on other
helicopters of the same type design.

AD Requirements

    This AD retains certain requirements of AD 2022-27-09. This AD also
requires accomplishing the actions specified in EASA AD 2023-0190-E,
described previously, as incorporated by reference, except for any
differences identified as exceptions in the regulatory text of this AD
and except as discussed under ``Differences Between this AD and the
EASA Emergency AD.''
    EASA AD 2023-0190-E refers to EASB EC130-05A042 Rev 1, for
compliance times to replace the spline sleeve equipped and sliding
flange. This AD requires those compliance times, as incorporated by
reference, and are as follows:

------------------------------------------------------------------------
                                    Vibration
          Task used            measurement result      Compliance time
------------------------------------------------------------------------
The maintenance task A: AH    If the vibration      Within 30 hours time-
 EC130 Aircraft Maintenance    level is equal to     in-service (TIS)
 Manual (AMM) Task 65-11-      or more than 1.4      after the last
 01,5-1A (``Balancing of the   and less than 1.8     inspection.
 tail rotor drive line'').     IPS.                 Within 15 hours TIS
                              If the vibration       after the last
                               level is equal to     inspection.
                               or more than 1.8
                               and less than 2.6
                               IPS.
                              If the vibration      Before further
                               level is equal to     flight.
                               or more than 2.6
                               IPS.
The maintenance task B: AH    If the vibration      Within 30 hours TIS
 EC130 AMM Task 65-11-01,5-    level is equal to     after the last
 1B (``Balancing of the tail   or more than 0.7      inspection; or, if
 rotor drive shaft'').         and less than 0.9     the last inspection
                               IPS.                  was done before the
                                                     effective date of
                                                     this AD and more
                                                     than 30 hours TIS
                                                     have passed since
                                                     that inspection,
                                                     before further
                                                     flight.
                              If the vibration      Within 15 hours TIS
                               level is equal to     after the last
                               or more than 0.9      inspection; or, if
                               and less than 1.3     the last inspection
                               IPS.                  was done before the
                                                     effective date of
                                                     this AD and more
                                                     than 15 hours TIS
                                                     have passed since
                                                     that inspection,
                                                     before further
                                                     flight.
                              If the vibration      Before further
                               level is equal to     flight.
                               or more than 1.3
                               IPS.
------------------------------------------------------------------------

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2023-0190-E will be incorporated by reference in this FAA final
rule. This AD would, therefore, require compliance with EASA AD 2023-
0190-E in its entirety through that incorporation, except for any
differences identified as exceptions in the regulatory text of this AD.
Using common terms that are the same as the heading of a particular
section in EASA AD 2023-0190-E does not mean that operators need comply
only with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in EASA AD 2023-0190-E. Service information
referenced in EASA AD 2023-0190-E for compliance will be available at
regulations.gov by searching for and locating Docket No. FAA-2023-2396
after the FAA final rule is published.

Differences Between This AD and the EASA Emergency AD

    EASA AD 2023-0190-E requires tail rotor drive shaft checks, whereas
this AD requires tail rotor drive shaft inspections because those
actions must be accomplished by persons authorized under 14 CFR 43.3.
    For helicopters that accomplished a balance correction in
accordance with the instructions of the applicable AMM before the
effective date of EASA AD 2023-0190-E, except if this balance
correction was accomplished before next flight after replacing the
sliding flange and the splined sleeve equipped, EASA AD 2023-0190-E
requires contacting AH [Airbus Helicopters] to obtain approved
instructions, and within the compliance time(s) specified therein,
accomplishing those instructions accordingly. Whereas, for helicopters
that accomplished a balance correction in accordance with the
instructions of the applicable AMM before the effective date of this
AD, except not those that only accomplished a balance correction before
the next flight after installing a new (zero total hours time-in-
service) sliding flange and a new (zero total hours time-in-service)
splined sleeve equipped, this AD requires corrective action
accomplished in accordance with a method approved by the FAA, EASA, or
Airbus Helicopters' EASA Design Organization Approval.
    EASA AD 2023-0190-E requires reporting information to AH [Airbus
Helicopters], whereas this AD does not.
    EASA AD 2023-0190-E allows credit for the initial instance of the
vibration measurements accomplished before its effective date, whereas
this AD allows credit for any instance of the vibration measurements
accomplished before the effective date of this AD.
    EASA AD 2023-0190-E prohibits performing a balance correction,
except if it is accomplished as part of its requirements. This AD does
not, because such a compliance time would be difficult to enforce.

Interim Action

    The FAA considers this AD interim action. If final action is later
identified, the FAA might consider further rulemaking then.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because the tail rotor drive shaft is critical to the control of a
helicopter and a failure of the tail rotor drive shaft could occur
during any phase of flight without previous indication. The FAA also
has no information pertaining to how quickly the condition may
propagate to failure. In light of this and, depending how many hours
the helicopter has accumulated, for some operators the initial
inspection must be accomplished before further flight. For other
operators, the initial inspection must be accomplished before
accumulating 50 total hours time-in-service or within three months,
whichever occurs first, which is shorter than the time necessary for
the public to comment and for publication of the final rule.
Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B).

    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 117 helicopters of U.S.
Registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.
    Inspecting the tail rotor drive shaft takes approximately 4 work-
hours for an estimated cost of $340 per helicopter and $39,780 for the
U.S. fleet, per inspection cycle.
    If required, replacing the sliding flange and the splined sleeve
equipped takes approximately 40 work-hours and parts cost $3,420 for an
estimated cost of $6,820, per replacement cycle.
    For helicopters that accomplished a balance correction in
accordance with the instructions of the applicable AMM before the
effective date of this AD, except not those that only accomplished a
balance correction before the next flight after installing a new (zero
total hours time-in-service) sliding flange and a new (zero total hours
time-in-service) splined sleeve equipped, the corrective action that
may be needed could vary significantly from helicopter to helicopter.
The FAA has no data to determine the costs to accomplish the corrective
action or the number of helicopters that may require corrective action.

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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

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:
0
a. Removing Airworthiness Directive 2022-27-09, Amendment 39-22294 (88
FR 2199, January 13, 2023); and
0
b. Adding the following new airworthiness directive:

2023-25-14 Airbus Helicopters: Amendment 39-22641; Docket No. FAA-
2023-2396; Project Identifier MCAI-2023-01147-R.

(a) Effective Date

    This airworthiness directive (AD) is effective January 12, 2024.

(b) Affected ADs

    This AD replaces AD 2022-27-09, Amendment 39-22294 (88 FR 2199,
January 13, 2023) (AD 2022-27-09).

(c) Applicability

    This AD applies to Airbus Helicopters Model EC130T2 helicopters,
certificated in any category, as identified in European Union
Aviation Safety Agency (EASA) Emergency AD 2023-0190-E, dated
November 2, 2023 (EASA AD 2023-0190-E).

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6510, Tail Rotor
Drive Shaft.

(e) Unsafe Condition

    This AD was prompted by a report of a crack in the tailboom. The
FAA is issuing this AD to address an excessive vibration level on
the tail rotor drive shaft. The unsafe condition, if not addressed,
could result in failure of the tail rotor drive shaft and subsequent
loss of yaw control of the helicopter.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, EASA AD 2023-0190-E.

(h) Exceptions to EASA AD 2023-0190-E

    (1) Where EASA AD 2023-0190-E requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2023-0190-E refers to the effective date of
December 16, 2022 (the effective date of EASA AD 2022-0251-E, dated
December 14, 2022), this AD requires using the effective date of
January 30, 2023 (the effective date of AD 2022-27-09).
    (3) Where EASA AD 2023-0190-E refers to its effective date, this
AD requires using the effective date of this AD.
    (4) Where EASA AD 2023-0190-E refers to tail rotor drive shaft
checks, this AD requires tail rotor drive shaft inspections.
    (5) Where Note 1 of EASA AD 2023-0190-E states, ``Unless
indicated otherwise, the FH specified in Table 1 of this AD are
those accumulated by the helicopter since first flight, or since the
installation of the new spline sleeve equipped and sliding flange;''
for this AD, replace that text with ``Unless indicated otherwise,
the hours time-in-service specified in Table 1 of this AD are those
accumulated by the helicopter since first flight, or since the
installation of the new spline sleeve equipped and sliding flange,
as applicable to your helicopter.''
    (6) This AD does not allow the provisions in Note 2 of EASA AD
2023-0190-E or Note 2 in the ASB referenced in EASA AD 2023-0190-E.
Refer to paragraph (j) of this AD for special flight permit
information.
    (7) Where paragraphs (2) and (3) of EASA AD 2023-0190-E require
removing parts, this AD requires removing those parts from service.
    (8) Where paragraph (4) of EASA AD 2023-0190-E specifies to
``contact AH [Airbus Helicopters] to obtain approved instructions,
and within the compliance time(s) specified therein, accomplish
those instructions accordingly;'' for this AD, replace that text
with ``accomplish corrective action in accordance with a method
approved by the Manager, International Validation Branch, FAA; or
EASA; or Airbus Helicopters' EASA

Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.''
    (9) This AD does not require compliance with paragraph (5) of
EASA AD 2023-0190-E.

    Note 1 paragraph (h)(9): Accomplishing a balance correction
other than with the replacement of tail rotor drive line parts could
interfere with subsequent tail rotor drive line balancing
inspections. Airbus Helicopters Emergency Alert Service Bulletin No.
EC130-05A042, Revision 1, dated November 2, 2023, contains
additional information regarding balance corrections.

    (10) This AD does not require compliance with paragraph (6) of
EASA AD 2023-0190-E.
    (11) Instead of the credit allowed in paragraph (7) of EASA AD
2023-0190-E, you may take credit for the vibration measurements
required by paragraph (1) of EASA AD 2023-0190-E that have been
accomplished before the effective date of this AD using Airbus
Helicopters Emergency Alert Service Bulletin No. EC130-05A042,
Revision 0, dated December 14, 2022.
    (12) Instead of the credit allowed in paragraph (8) of EASA AD
2023-0190-E, you may take credit for accomplishing ``maintenance
task B,'' as defined in EASA AD 2023-0190-E and required by
paragraph (3) of EASA AD 2023-0190-E, to satisfy the initial
instance of ``maintenance task B,'' as defined in EASA AD 2023-0190-
E and required by paragraph (2) of EASA AD 2023-0190-E.
    (13) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0190-E.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2023-
0190-E specifies to submit certain information to the manufacturer,
this AD does not include that requirement.

(j) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 only to operate the helicopter to a maintenance
location for the initial tail rotor drive shaft inspection, provided
no passengers are onboard.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation 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 International Validation Branch, send
it to the attention of the person identified in paragraph (l)(1) of
this AD. Information may be emailed to: [email protected].
    (2) 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.

(l) Additional Information

    (1) For more information about this AD, contact Dan McCully,
Aviation Safety Engineer, FAA, 1600 Stewart Ave., Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email
[email protected].
    (2) For Airbus Helicopters service information identified in
this AD that is not incorporated by reference, contact Airbus
Helicopters, 2701 North Forum Drive, Grand Prairie, TX 75052; phone
(972) 641-0000 or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at
airbus.com/en/products-services/helicopters/hcare-services/airbusworld. You may view this service information at the FAA,
Office of the Regional Counsel, Southwest Region, 10101 Hillwood
Parkway, Room 6N-321, Fort Worth, TX 76177. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference 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) European Union Aviation Safety Agency (EASA) Emergency AD
2023-0190-E, dated November 2, 2023.
    (ii) [Reserved]
    (3) For EASA material, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find the EASA
material on the EASA website ad.easa.europa.eu.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Parkway, Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on December 22, 2023.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2023-28720 Filed 12-26-23; 11:15 am]
BILLING CODE 4910-13-P


[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Notices]
[Pages 28682-28683]
[FR Doc No: E9-14195]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP09-428-000]

Blue Sky Gas Storage, LLC; Notice of Application

June 10, 2009.
    Take notice that on June 5, 2009, Blue Sky Gas Storage, LLC (Blue
Sky), 1000 Louisiana Street, Suite 6905, Houston, TX 77002, filed in
the above referenced docket an abbreviated application pursuant to
section 7(c) of the Natural

Gas Act (NGA), and parts 157 and 284 of the Commission's regulations
for an order granting a certificate of public convenience to develop,
construct, own and operate an underground gas storage facility (Blue
Sky Gas Storage Project), which will allow Blue Sky to provide up to
4.4 Bcf of working gas capacity in Logan County, Colorado.
Additionally, Blue Sky requests a blanket certificate authorizing it to
engage in certain self-implementing routine activities under part 157,
subpart F, and a blanket certificate under part 284, subpart G,
authorizing Blue Sky to provide open-access non-discriminatory firm and
interruptible natural gas storage services. Blue Sky also requests
authorization to charge market-based rates for the proposed storage
services and the Commission's approval of Blue Sky's Pro-Forma Gas
Tariff, all as more fully set forth in the application which is on file
with the Commission and open to public inspection. The filing may also
be viewed on the Web at 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, please
contact FERC Online Support at<EMAIL_ADDRESS>or toll free
at<PHONE_NUMBER>, or TTY, contact<PHONE_NUMBER>.
    Any questions concerning this application may be directed to Thomas
Shaw, President, Blue Sky Gas Storage, LLC, 1000 Louisiana Street,
Suite 6905, Houston, TX, 77002, at<PHONE_NUMBER>.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify Federal and State agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all Federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 14 copies of the protest or intervention to the
Federal Energy regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: July 1, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-14195 Filed 6-16-09; 8:45 am]
BILLING CODE 6717-01-P