[Federal Register: April 30, 2010 (Volume 75, Number 83)]
[Proposed Rules]
[Page 22710-22712]
[DOCID:fr30ap10-15]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0434; Directorate Identifier 2009-NM-221-AD]
RIN 2120-AA64

Airworthiness Directives; BAE Systems (Operations) Limited Model
BAe 146-100A and -200A Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    The operation of the airbrake lever in the ``airbrakes out'' to
``lift spoiler'' range has been the subject of two occurrence
reports. The lift spoilers on the BAe 146 and Avro 146-RJ aeroplanes
have been designed to deploy on landing to provide aerodynamic
braking and to dump lift to ensure that the wheel brakes can provide
the necessary speed reduction.
* * * * *
    The effects of deceleration and landing inertia loads can cause
uncommanded movement of the airbrake selector lever from the ``lift
spoiler'' position to the ``airbrakes out'' position, causing the
lift spoilers to retract during the landing roll. This condition, if
not corrected, would increase the landing distance, possibly
resulting in a runway overrun and consequent injury to aeroplane
occupants.
* * * * *

The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by June 14, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact BAE
Systems Regional Aircraft, 13850 McLearen Road, Herndon, Virginia
20171; telephone<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet http://www.baesystems.com/Businesses/RegionalAircraft/
index.htm. You may review copies of the referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW.,
Renton, Washington. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0434;
Directorate Identifier 2009-NM-221-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We have lengthened the 30-day comment period for proposed ADs that
address MCAI originated by aviation

authorities of other countries to provide adequate time for interested
parties to submit comments. The comment period for these proposed ADs
is now typically 45 days, which is consistent with the comment period
for domestic transport ADs.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2009-0206, dated September 30, 2009 (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    The operation of the airbrake lever in the ``airbrakes out'' to
``lift spoiler'' range has been the subject of two occurrence
reports. The lift spoilers on the BAe 146 and Avro 146-RJ aeroplanes
have been designed to deploy on landing to provide aerodynamic
braking and to dump lift to ensure that the wheel brakes can provide
the necessary speed reduction.
    A review of the changing operational profile of the aeroplane
type concluded that its proven short field performance has
increasingly been exploited in recent years by a number of operators
worldwide. Frequently, these short field operations are conducted
from airports that are located in mountainous terrain or in close
proximity to bodies of water, leaving fewer margins for error, e.g.
landing long or at (too) high speed.
    The effects of deceleration and landing inertia loads can cause
uncommanded movement of the airbrake selector lever from the ``lift
spoiler'' position to the ``airbrakes out'' position, causing the
lift spoilers to retract during the landing roll. This condition, if
not corrected, would increase the landing distance, possibly
resulting in a runway overrun and consequent injury to aeroplane
occupants.
    On certain BAe 146 aeroplanes, without modifications HCM00889A
and B or modifications HCM00889A and C incorporated, negligible
force is required to move the airbrake lever back to the ``airbrakes
out'' position. From 1988 onwards, modifications were introduced on
the production line to incorporate a modified friction baulking
device such that a force of 12 lbs must be applied to move the
airbrake lever from the ``lift spoiler'' position to the ``airbrakes
out'' position. These modifications were also made available as an
optional in-service retrofit.
    For the reasons described above, this AD requires the
modification of the airbrake lever detent mechanism.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    British Aerospace has issued 146 Modification Service Bulletin 27-
73-00889A&B, Revision 4, dated June 15, 1990. The actions described in
this service information are intended to correct the unsafe condition
identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 1 product of U.S. registry. We also estimate that it
would take about 11 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $7,000 per product. Where
the service information lists required parts costs that are covered
under warranty, we have assumed that there will be no charge for these
costs. As we do not control warranty coverage for affected parties,
some parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $7,935 per product.

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.
    We are 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

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

BAE Systems (Operations) Limited: Docket No. FAA-2010-0434;
Directorate Identifier 2009-NM-221-AD.

Comments Due Date

    (a) We must receive comments by June 14, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to BAE Systems (Operations) Limited Model
BAe 146-100A and -200A series airplanes, certificated in any
category, serial numbers as listed in British Aerospace 146
Modification Service Bulletin 27-73-00889A&B, Revision 4, dated June
15, 1990.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    The operation of the airbrake lever in the ``airbrakes out'' to
``lift spoiler'' range has been the subject of two occurrence
reports. The lift spoilers on the BAe 146 and Avro 146-RJ aeroplanes
have been designed to deploy on landing to provide aerodynamic
braking and to dump lift to ensure that the wheel brakes can provide
the necessary speed reduction.
    A review of the changing operational profile of the aeroplane
type concluded that its proven short field performance has
increasingly been exploited in recent years by a number of operators
worldwide. Frequently, these short field operations are conducted
from airports that are located in mountainous terrain or in close
proximity to bodies of water, leaving fewer margins for error, e.g.
landing long or at (too) high speed.
    The effects of deceleration and landing inertia loads can cause
uncommanded movement of the airbrake selector lever from the ``lift
spoiler'' position to the ``airbrakes out'' position, causing the
lift spoilers to retract during the landing roll. This condition, if
not corrected, would increase the landing distance, possibly
resulting in a runway overrun and consequent injury to aeroplane
occupants.
    On certain BAe 146 aeroplanes, without modifications HCM00889A
and B or modifications HCM00889A and C incorporated, negligible
force is required to move the airbrake lever back to the ``airbrakes
out'' position. From 1988 onwards, modifications were introduced on
the production line to incorporate a modified friction baulking
device such that a force of 12 lbs must be applied to move the
airbrake lever from the ``lift spoiler'' position to the ``airbrakes
out'' position. These modifications were also made available as an
optional in-service retrofit.
    For the reasons described above, this AD requires the
modification of the airbrake lever detent mechanism.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Actions

    (g) Do the following actions.
    (1) Within 12 months after the effective date of this AD, modify
the airbrake lever detent mechanism, in accordance with the
Accomplishment Instructions of British Aerospace 146 Modification
Service Bulletin 27-73-00889A&B, Revision 4, dated June 15, 1990.
    (2) Modifying the airbrake lever detent mechanism is also
acceptable for compliance with paragraph (g)(1) of this AD, if done
before the effective date of this AD in accordance with the
Accomplishment Instructions of British Aerospace 146 Modification
Service Bulletin 27-73-00889A&B, Revision 3, dated August 1, 1989.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows: While European Aviation Safety Agency (EASA) AD 2009-
0206, dated September 30, 2009, considers Revision 0, 1, or 2 of
British Aerospace 146 Modification Service Bulletin 27-73-00889A&B
as an acceptable method of compliance, this AD does not. However,
operators may request for approval of an alternative method of
compliance in accordance with the procedures specified in paragraph
(h)(1) of this AD.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Todd
Thompson, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (i) Refer to MCAI EASA Airworthiness Directive 2009-0206, dated
September 30, 2009; and British Aerospace 146 Modification Service
Bulletin 27-73-00889A&B, Revision 4, dated June 15, 1990; for
related information.

    Issued in Renton, Washington, on April 23, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-10111 Filed 4-29-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 82 (Tuesday, April 29, 2014)]
[Notices]
[Pages 23980-23981]
[FR Doc No: 2014-09693]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0487]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Generic Clearance for the Collection of Qualitative
Feedback on Agency Service Delivery

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on the collection of information
involving a generic clearance for qualitative feedback on Agency
service delivery.

DATES: Submit either electronic or written comments on the collection
of information by June 30, 2014.

ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 1350 Piccard Dr., PI50-400B, Rockville,
MD 20850<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Generic Clearance for the Collection of Qualitative Feedback on Agency
Service Delivery (OMB Control Number 0697)--Extension

    The information collection activity will garner qualitative
customer and stakeholder feedback in an efficient, timely manner, in
accordance with the Administration's commitment to improving service
delivery. By qualitative feedback we mean information that provides
useful insights on perceptions and opinions, but are not statistical
surveys that yield quantitative results that can be generalized to the
population of study. This feedback will provide insights into customer
or stakeholder perceptions; experiences and expectations; provide an
early warning of issues with service; or focus attention on areas where
communication, training, or changes in operations might improve
delivery of products or services. These collections will allow for
ongoing collaborative and actionable communications between the Agency
and its customers and stakeholders. It will also allow feedback

to contribute directly to the improvement of program management.
    Feedback collected under this generic clearance will provide useful
information, but it will not yield data that can be generalized to the
overall population. This type of generic clearance for qualitative
information will not be used for quantitative information collections
that are designed to yield reliably actionable results, such as
monitoring trends over time or documenting program performance. Such
data uses require more rigorous designs that address the following: The
target population to which generalizations will be made, the sampling
frame, the sample design (including stratification and clustering), the
precision requirements or power calculations that justify the proposed
sample size, the expected response rate, methods for assessing
potential non-response bias, the protocols for data collection, and any
testing procedures that were or will be undertaken prior to fielding
the study. Depending on the degree of influence the results are likely
to have, such collections may still be eligible for submission for
other generic mechanisms that are designed to yield quantitative
results.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                   Number of
           Activity                Number of     responses per   Total annual    Average burden     Total hours
                                  respondents     respondent       responses      per response
----------------------------------------------------------------------------------------------------------------
Focus groups..................             725               1             725  1 hour, 45                 1,269
                                                                                minutes.
Customer comment cards/forms..           1,200               1           1,200  15 minutes......             300
Small discussion groups.......             725               1             725  1 hour, 45                 1,269
                                                                                minutes.
Customer satisfaction surveys.           6,450               1           6,450  20 minutes......           2,129
                               ---------------------------------------------------------------------------------
    Total.....................           4,967
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Dated: April 23, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-09693 Filed 4-28-14; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: June 1, 2010 (Volume 75, Number 104)]
[Rules and Regulations]
[Page 30299-30300]
[DOCID:fr01jn10-17]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0355]

Drawbridge Operation Regulations; Newtown Creek, Dutch Kills,
English Kills, and Their Tributaries, NY, Maintenance

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Greenpoint Avenue Bridge across Newtown Creek, mile 1.3, New York. This
deviation allows the bridge to remain in the closed position for two
six week closures to facilitate bridge rehabilitation maintenance.

DATES: This deviation is effective from July 5, 2010 through August 13,
2010 and from August 30, 2010 through October 8, 2010.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2010-0355 and are available online
at  http://www.regulations.gov, inserting USCG-2010-0355 in the
``Keyword'' and then clicking ``Search''. They are also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Ms. Judy Leung-Yee, Project Officer, First Coast Guard
District, telephone<PHONE_NUMBER>. If you have questions on viewing
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Greenpoint Avenue Bridge, across Newtown
Creek at mile 1.3, at New York, has a vertical clearance in the closed
position of 26 feet at mean high water and 31 feet at mean low water.
The drawbridge operation regulations are listed at 33 CFR 117.801.
    The owner of the bridge, New York City Department of Transportation
(NYCDOT), requested a temporary deviation from the regulations to
facilitate scheduled bridge rehabilitation maintenance.
    Under this temporary deviation the Greenpoint Avenue Bridge may
remain in the closed position from July 5, 2010, through August 13,
2010, and from August 30, 2010, through October 8, 2010. Vessels that
can pass under the bridge in the closed position may do so at any time.

    Waterway users were advised of the requested bridge closures and
offered no objection.
    In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: May 17, 2010.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. 2010-12979 Filed 5-28-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: April 17, 2009 (Volume 74, Number 73)]
[Notices]
[Page 17847-17848]
[DOCID:fr17ap09-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

April 8, 2009.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER98-2491-015; ER99-2251-009; ER99-2252-010; ER97-
705-020.
    Applicants: Consolidated Edison Energy, Inc; Consolidated Edison
Company of New York; Orange and Rockland Utilities, Inc.; Consolidated
Edison Solutions Inc.
    Description: Notification of Non-Material Change in Status of
Consolidated Edison Energy, Inc.
    Filed Date: 04/08/2009.
    Accession Number: 20090408-5015.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 29, 2009.

    Docket Numbers: ER99-3168-009; ER04-994-005; ER04-659-010; ER04-
657-010; ER04-660-010.
    Applicants: Mystic Development, LLC, Fore River Development, LLC,
Astoria Generating Company, LP, Boston Generating, LLC, Mystic I, LLC.
    Description: Notification of Change in Status of Astoria Generating
Company, L.P., et al.
    Filed Date: 04/08/2009.
    Accession Number: 20090408-5044.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 29, 2009.

    Docket Numbers: ER00-3039-002.
    Applicants: Exeter Energy Limited Partnership.
    Description: Exeter Energy Limited Partnership submits revised
sheets to its FERC Electric Tariff Original Sheet No 1.
    Filed Date: 04/02/2009.
    Accession Number: 20090407-0018.
    Comment Date: 5 p.m. Eastern Time on Thursday, April 23, 2009.

    Docket Numbers: ER05-305-004.
    Applicants: Pinelawn Power LLC.
    Description: Pinelawn Power, LLC submits market based rate
wholesale power sales tariff.
    Filed Date: 04/03/2009.
    Accession Number: 20090407-0020.
    Comment Date: 5 p.m. Eastern Time on Friday, April 24, 2009.

    Docket Numbers: ER05-1065-011; OA07-32-008.
    Applicants: Entergy Services, Inc.
    Description: Entergy Services, Inc submits revised Attachments C,
D, and E to its Open Access Transmission Tariff.
    Filed Date: 04/03/2009.
    Accession Number: 20090407-0549.
    Comment Date: 5 p.m. Eastern Time on Friday, April 24, 2009.

    Docket Numbers: ER05-1489-002.
    Applicants: Craven County Wood Energy Limited Partnership.
    Description: Craven County Wood Energy Limited Partnership submits
revised sheets to its Market-Based tariff, entitled FERC Electric
Tariff Original Sheet 1 etc.
    Filed Date: 04/02/2009.
    Accession Number: 20090407-0017.
    Comment Date: 5 p.m. Eastern Time on Thursday, April 23, 2009.

    Docket Numbers: ER09-960-000.
    Applicants: Northeast Utilities Service Company.
    Description: Northeast Utilities Service Company submits Third
Revised Sheet 3205 et al. to FERC Electric Tariff 3 Section II--Open
Access Transmission Tariff of the ISO New England Inc.
    Filed Date: 04/07/2009.
    Accession Number: 20090408-0153.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 28, 2009.

    Docket Numbers: ER09-962-000.
    Applicants: Xcel Energy Services Inc.

    Description: Northern States Power Company submits the proposed
termination of Supplement 1 to Firm Power Service Resale Agreement,
FERC Rte Schedule 431 between NSP-M and the city of Shakopee.
    Filed Date: 04/07/2009.
    Accession Number: 20090408-0133.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 28, 2009.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    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
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also 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>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-8771 Filed 4-16-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 157 (Wednesday, August 14, 2013)]
[Notices]
[Pages 49509-49510]
[FR Doc No: 2013-19658]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Project No. 13625-003; Project No. 14504-000]

 Lock+ Hydro Friends Fund XXX, LLC; FFP Project 121, LLC; Notice
Announcing Preliminary Permit Drawing

    The Commission has received two preliminary permit applications
deemed filed on March 1, 2012, at 8:30 a.m.,\1\ for proposed projects
to be located at the U.S. Army Corps of Engineers' New Cumberland Locks
and Dam on the Ohio River, near the town of New Cumberland, Hancock
County, West Virginia and Jefferson County, Ohio. The applications were
filed by Lock+ Hydro Friends Fund XXX, LLC for Project No. 13625 and
FFP Project 121, LLC for Project No. 14504.
---------------------------------------------------------------------------

    \1\ Under the Commission's Rules of Practice and Procedure, any
document received after regular business hours is considered filed
at 8:30 a.m. on the next regular business day. See 18 CFR
385.2001(a)(2) (2013).
---------------------------------------------------------------------------

    On August 21, 2013, at 10:00 a.m. (Eastern Time), the Secretary of
the Commission, or her designee, will conduct a random drawing to
determine the filing priority of the applicants identified in this
notice. The Commission will select among competing permit applications
as provided in section 4.37 of its regulations.\2\ The priority
established by this drawing will be used to determine which applicant,
between those with

identical filing times, will be considered to have the first-filed
application.
---------------------------------------------------------------------------

    \2\ See id. Sec.  4.37.
---------------------------------------------------------------------------

    The drawing is open to the public and will be held in room 2C, the
Commission Meeting Room, located at 888 First Street NE., Washington,
DC 20426. The Secretary will issue a subsequent notice announcing the
results of the drawing.

    Dated: August 7, 2013.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2013-19658 Filed 8-13-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 62 (Tuesday, April 1, 2014)]
[Notices]
[Pages 18292-18293]
[FR Doc No: 2014-07183]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR14-24-000]

Enable Bakken Crude Services, LLC; Notice of Petition for
Declaratory Order

    Take notice that on March 20, 2014, pursuant to Rule 207(a)(2) of
the Commission's Rules of Practices and Procedure, 18 CFR
385.207(a)(2)(2014), Enable Bakken Crude Services, LLC filed a petition
requesting a declaratory order approving the overall transportation,
tariff and rate structure for a new crude oil gathering pipeline system
that will gather crude oil produced from various points in Mountrail
and Williams Counties, North Dakota and transport it to a central
delivery point near Tioga, which is located in Williams County, North
Dakota, as explained more fully in the petition.
    Any person desiring to intervene or to protest in this proceedings
must file in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
will be considered by the Commission in determining the appropriate
action to be taken, but will not serve to make protestants parties to

the proceeding. Anyone filing a motion to intervene or protest must
serve a copy of that document on the Petitioner.
    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 proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also 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 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>.
    Comment Date: 5:00 p.m. Eastern time on April 18, 2014.

    Dated: March 25, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-07183 Filed 3-31-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 76 (Thursday, April 22, 2021)]
[Notices]
[Pages 21363-21365]
[FR Doc No: 2021-08309]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91593; File No. SR-CboeBYX-2021-010]

Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
its Fees Schedule

April 16, 2021.
    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 12, 2021, Cboe BYX Exchange, Inc. (the
``Exchange'' or ``BYX'') 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
Exchange. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    Cboe BYX Exchange, Inc. (the ``Exchange'' or ``BYX'' or ``BYX
Equities'') is filing with the Securities and Exchange Commission
(``Commission'') a proposed rule change to amend its Fee Schedule. The
text of the proposed rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/byx/), at the Exchange's Office of the Secretary, 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 Exchange 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. The Exchange 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 amend its Fee Schedule to decrease the
standard liquidity removing rebate and eliminate the Step-Up Tiers
provided under footnote 2. The Exchange proposes to implement the
proposed change to its Fee Schedule on April 1, 2021.\4\
---------------------------------------------------------------------------

    \4\ The Exchange initially filed the proposed fee changes April
1, 2021 (SR-CboeBYX-2021-007). On April 12, 2021, the Exchange
withdrew that filing and submitted this proposal.
---------------------------------------------------------------------------

    The Exchange first notes that it operates in a highly competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive or incentives to be insufficient. More specifically, the
Exchange is only one of 16 registered equities exchanges, as well as a
number of alternative trading systems and other off-exchange venues
that do not have similar self-regulatory responsibilities under the
Exchange Act, to which market participants may direct their order flow.
Based on publicly available information, no single registered equities
exchange has more than 16% of the market share.\5\ Thus, in such a low-
concentrated and highly competitive market, no single equities exchange
possesses significant pricing power in the execution of order flow. The
Exchange in particular operates a ``Taker-Maker'' model whereby it pays
credits to members that remove liquidity and assesses fees to those
that add liquidity. The Exchange's Fees Schedule sets forth the
standard rebates and rates applied per share for orders that remove and
provide liquidity, respectively. Particularly, for securities at or
above $1.00, the Exchange provides a standard rebate of $0.00050 per
share for orders that remove liquidity and assesses a fee of $0.00200
per share for orders that add liquidity. For orders priced below $1.00,
the Exchange does not assess a fee or provide a rebate for orders that
add liquidity and assesses a fee of 0.10% of total dollar value for
orders that remove liquidity. The Exchange believes that the ever-
shifting market share among the exchanges from month to month
demonstrates that market participants can shift order flow or
discontinue to reduce use of certain categories of products, in
response to fee changes. Accordingly, competitive forces constrain the
Exchange's transaction fees, and market participants can readily trade
on competing venues if they deem pricing levels at those other venues
to be more favorable.
---------------------------------------------------------------------------

    \5\ See Cboe Global Markets, U.S. Equities Market Volume
Summary, Month-to-Date (March 30, 2021), available at https://markets.cboe.com/us/equities/market_statistics/.
---------------------------------------------------------------------------

    As stated above, the Exchange currently provides a standard rebate
of $0.00050 per share for liquidity removing orders (i.e., those
yielding fee codes N,\6\ W,\7\ and BB \8\) in securities priced at or
above $1.00. Orders in securities priced below $1.00 that remove
liquidity are assessed a fee of 0.10% of the total dollar value. The
Exchange now proposes to decrease the current standard rebate of
$0.00050 per share to $0.00020 per share for orders that remove
liquidity for securities priced at or above $1.00. Orders that remove
liquidity in securities priced below $1.00 would continue to be
assessed a fee of 0.10% of the total dollar value. Although this
proposed standard rebate for liquidity removing orders is lower than
the current base rate for such orders, other taker-maker exchanges
charge a fee for firms removing liquidity that do not meet certain
volume thresholds.\9\
---------------------------------------------------------------------------

    \6\ Orders yielding Fee Code ``N'' are orders removing liquidity
from BYX (Tape C).
    \7\ Orders yielding Fee Code ``W'' are orders removing liquidity
from BYX (Tape A).
    \8\ Orders yielding Fee Code ``BB'' are orders removing
liquidity from BYX (Tape B).
    \9\ E.g., the Nasdaq BX offers rebates ranging from $0.0009 to
$0.0018 to firms reaching certain adding and removing liquidity
volume thresholds; however, it charges a fee of $0.0007 to firms
removing liquidity that do not reach the adding and removing volume
thresholds. See http://nasdaqtrader.com/Trader.aspx?id=PriceListTrading2.
---------------------------------------------------------------------------

    The tiered pricing models set forth in footnote 2 of the Fee
Schedule (Step-Up Tiers) provide Members an opportunity to qualify for
a reduced fee on their orders that add liquidity where they increase
their relative liquidity each month over a predetermined baseline.

Tier 1 of the Step-Up Tiers provides a reduced fee of $0.0016 per share
to a Member that has a Step-Up Add TCV \10\ from December 2019 equal to
or greater than 0.05%. The Exchange now proposes to eliminate the Step-
Up Tiers and reserve footnote 2. The Exchange no longer wishes to, nor
is it required to, maintain such a tier and therefore proposes to
eliminate the Step-Up Tier from the Fee Schedule. Specifically, the
proposed rule change removes this tier as the Exchange would rather
redirect resources and funding into other programs and tiers intended
to incentivize increased order flow. As a result of the proposed
change, the Exchange also proposes to eliminate references to footnote
2 from fee codes B,\11\ V,\12\ and Y.\13\
---------------------------------------------------------------------------

    \10\ ``Step-Up Add TCV'' means ADAV as a percentage of TCV in
the relevant baseline month subtracted from current ADAV as a
percentage of TCV.
    \11\ Orders yielding Fee Code ``B'' are orders adding liquidity
to BYX (Tape B).
    \12\ Orders yielding Fee Code ``V'' are orders adding liquidity
to BYX (Tape A).
    \13\ Orders yielding Fee Code ``Y'' are orders adding liquidity
to BYX (Tape C).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\14\ in general, and
furthers the objectives of Section 6(b)(4) and 6(b)(5),\15\ in
particular, as it is designed to provide for the equitable allocation
of reasonable dues, fees and other charges among its Members, issuers
and other persons using its facilities. The Exchange operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive or incentives to be insufficient. The
proposed rule changes reflect a competitive pricing structure designed
to incentivize market participants to direct their order flow to the
Exchange, which the Exchange believes would enhance market quality to
the benefit of all Members.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f.
    \15\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    In particular, the Exchange believes that the proposed amendment to
reduce the standard liquidity removing rebate is reasonable, equitable
and non-discriminatory because the proposed change represents a rebate
decrease and such rebates are equally applicable to liquidity removing
orders and thus are also equally applicable to all Members of the
Exchange. Additionally, the proposed rebate for liquidity removing
orders are still higher than rebates offered at other exchanges for
similar transactions.\16\
---------------------------------------------------------------------------

    \16\ Supra note 7[sic].
---------------------------------------------------------------------------

    The Exchange also believes the proposed amendment to remove the
Step-Up Tier is reasonable because no Member has achieved this tier in
several months. Furthermore, the Exchange is not required to maintain
this tier and as discussed, Members still have a number of other
opportunities and a variety of ways to receive reduced fees, including
the including existing Tiers 1 through 5 of the Add/Remove Volume
Tiers. The Exchange believes the proposal to eliminate the Step-Up Tier
is also equitable and not unfairly discriminatory because it applies to
all Members.
    As noted above, the Exchange operates in a highly competitive
market. The Exchange is only one of 16 equity venues to which market
participants may direct their order flow, and it represents a small
percentage of the overall market. It is also only one of several taker-
maker exchanges. Competing equity exchanges offer similar rates and
tiered pricing structures to that of the Exchange, including schedules
of rebates and fees that apply based upon members achieving certain
volume thresholds.

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 intramarket or intermarket competition that is not
necessary or appropriate in furtherance of the purposes of the Act.
Particularly, the proposed changes apply to all liquidity removing
orders equally, and thus apply to all Members equally. Additionally,
the Exchange believes the proposed rule change does not impose any
burden on intermarket competition that is not necessary or appropriate
in furtherance of the purpose of the Act.
    As previously discussed, the Exchange operates in a highly
competitive market. Members have numerous alternative venues that they
may participate on and direct their order flow, including other
equities exchanges, off-exchange venues, and alternative trading
systems. Additionally, the Exchange represents a small percentage of
the overall market. Based on publicly available information, no single
equities exchange has more than 16% of the market share.\17\ Therefore,
no exchange possesses significant pricing power in the execution of
order flow. Indeed, participants can readily choose to send their
orders to other exchange and off-exchange venues if they deem fee
levels at those other venues to be more favorable. Moreover, the
Commission has repeatedly expressed its preference for competition over
regulatory intervention in determining prices, products, and services
in the securities markets. Specifically, in Regulation NMS, the
Commission highlighted the importance of market forces in determining
prices and SRO revenues and, also, recognized that current regulation
of the market system ``has been remarkably successful in promoting
market competition in its broader forms that are most important to
investors and listed companies.'' \18\ The fact that this market is
competitive has also long been recognized by the courts. In
NetCoalition v. Securities and Exchange Commission, the D.C. Circuit
stated as follows: ``[n]o one disputes that competition for order flow
is `fierce.' . . . As the SEC explained, `[i]n the U.S. national market
system, buyers and sellers of securities, and the broker-dealers that
act as their order-routing agents, have a wide range of choices of
where to route orders for execution'; [and] `no exchange can afford to
take its market share percentages for granted' because `no exchange
possesses a monopoly, regulatory or otherwise, in the execution of
order flow from broker dealers'. . . .''.\19\ Accordingly, the Exchange
does not believe its proposed fee changes impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act.
---------------------------------------------------------------------------

    \17\ Supra note 3[sic].
    \18\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
    \19\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
---------------------------------------------------------------------------

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) \20\ of the Act and paragraph (f) of Rule 19b-4 \21\
thereunder. 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. If the Commission takes such action, the
Commission will institute proceedings to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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-CboeBYX-2021-010 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-CboeBYX-2021-010. 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-CboeBYX-2021-010, and should be
submitted on or before May 13, 2021.
    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).

J. Lynn Taylor,
Assistant Secretary.
[FR Doc. 2021-08309 Filed 4-21-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Notices]
[Pages 96183-96185]
[FR Doc No: 2016-31552]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0355; FMCSA-2010-0386; FMCSA-2012-0347; FMCSA-
2012-0348; FMCSA-2014-0310; FMCSA-2014-0311]

Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew the exemptions of 130
individuals from its rule prohibiting persons with insulin-treated
diabetes mellitus (ITDM) from operating commercial motor vehicles
(CMVs) in interstate commerce. FMCSA has statutory authority to exempt
individuals from this rule if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these CMV drivers.

DATES: Each group of renewed exemptions are effective from the dates
stated in the discussions below. Comments must be received on or before
January 30, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. FMCSA-2010-0355; FMCSA-
2010-0386; FMCSA-2012-0347; FMCSA-2012-0348; FMCSA-2014-0310; FMCSA-
2014-0311 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are from 8 a.m. to 5:30 p.m.
e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the Federal Motor Carrier Safety Regulations 2-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The statute also allows the Agency to renew
exemptions at the end of the 2-year period. The 130 individuals listed
in this notice have recently become eligible for a renewed exemption
from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to
drivers of CMVs in interstate commerce. The drivers remain in good
standing with the Agency, have maintained their required medical
monitoring and have not exhibited any medical issues that would
compromise their ability to safely operate a CMV during the previous 2-
year exemption period.

Exemption Decision

    This notice addresses 130 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. These 130 drivers
remain in good standing with the Agency, have maintained their required
medical monitoring and have not exhibited any medical issues that would
compromise their ability to safely operate a CMV during the previous 2-
year exemption period. Therefore, FMCSA has decided to extend each
exemption for a renewable two-year period. Each individual is
identified according to the renewal date.
    The exemptions are renewed subject to the following conditions: (1)
That each individual submit a quarterly monitoring checklist completed
by the treating endocrinologist as well as an annual checklist with a
comprehensive medical evaluation; (2) that each individual reports
within 2 business days of occurrence, all episodes of severe
hypoglycemia, significant complications, or inability to manage
diabetes; also, any involvement in an accident or any other adverse
event in a CMV or personal vehicle, whether or not it is related to an
episode of hypoglycemia; (3) that each individual

submit an annual ophthalmologist's or optometrist's report; and (4)
that each individual provide a copy of the annual medical certification
to the employer for retention in the driver's qualification file, or
keep a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. The following groups of
drivers received renewed exemptions in the month of January and are
discussed below.
    As of January 9, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 7 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (77 FR 65931; 78 FR
1926):

Thomas L. Graber (PA)
Jeremiah S. Johnson (ND)
Henry P. Musgrove, Jr. (WA)
Henry W. Rutschow (OH)
Michael L. Sabin (IL),
Patrick E. Snyder (NY)
Odell Williams (NC)

    The drivers were included in Docket No. FMCSA-2012-0347. Their
exemptions are effective as of January 9, 2017 and will expire on
January 9, 2019.
    As of January 10, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 9 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (75 FR 69734; 76 FR
1495):

Jerry A. Barber (NY)
Julie A. Brandvold (ND)
Terry D. Cunningham (OH)
Dean A. Dalessandro (MA)
Albert H. Feldt (MO)
Christopher J. Grause (SD)
Shannon A. Griffin (MO)
Mathew M. Rollins (SC)
James H. Smith (DC)

    The drivers were included in Docket No. FMCSA-2010-0355. Their
exemptions are effective as of January 10, 2017 and will expire on
January 10, 2019.
    As of January 15, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 40 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (79 FR 74159; 80 FR
8926):

Eric D. Ambler (WI)
Clay B. Anderson (IL)
Gregory C. Bartley (PA)
Aaron M. Batts (NC)
Nathan R. Batzel (MN)
Michael R. Bell (MD)
Jerry A. Cox, Sr. (LA)
Lloyd F. Cuckow (CO)
Kenneth B. Dennard (GA)
Eric Q. Dickerson (IN)
James P. Dreifuerst (WI)
Domenic R. Folino (PA)
Howard M. Hammel (NJ)
Derrick D. Harris (IL)
Kevin R. Johnson (MI)
David J. Long (PA)
David P. Magee (MO)
Gary F. Marson (WI)
James A. Meridith (MI)
Richard A. Moore (PA)
Keith B. Muehler (ND)
John K. Murray (NY)
John D. Pede, Jr. (PA)
John F. Prophet (FL)
Dominic F. Quartullo (WI)
Michael E. Reed (IA)
Carlos B. Rodriguez (NY)
David J. Sierra (NJ)
Roger E. Smith (IA)
Terrell W. Smith (PA)
Anthony L. Spratto (WI)
Timothy R. Stephens (KS)
Howard C. Stines (TN)
Christopher E. Swanson (CA)
Diana C. Tabala (NY)
Brewster E. Thurston (VT)
Phillip J. Ulmer (LA)
Charles A. Walker (IL)
John D. Weaver (WY)
Leroy D. Yost (IA)

    The drivers were included in Docket No. FMCSA-2014-0310. Their
exemptions are effective as of January 15, 2017 and will expire on
January 15, 2019.
    As of January 25, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 16 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (77 FR 70530; 78 FR
5559):

Randle A. Badertscher (WY)
Jerol G. Fox (DE)
Michael S. Freeman (OR)
Harold D. Grimes (MI)
Douglas W. Hunderman (MI)
Robert L. Johnson, Jr. (VA)
George R. Miller III (PA)
Ronald G. Monroe (IN)
Israel Ramos (NY)
Jed Ramsey (ID)
Raymond E. Richardson (MD)
Craig W. Schafer (DE)
Stephen L. Schug (FL)
Shawn M. Seeley (CT)
Mark S. Shepherd (MA)
L. Everett Stamper (IN)

The drivers were included in Docket No. FMCSA-2012-0348. Their
exemptions are effective as of January 25, 2017 and will expire on
January 25, 2019.
    As of January 28, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 9 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (75 FR 77947; 76 FR
5243):

James T. Bezold (KY)
Allen C. Cornelius, Jr. (DE)
Eugene M. Johnson (NY)
Michael A. McHenry (IN)
Gregory S. Myers (PA)
Richard D. Peterson, Jr. (MN)
Rudolph Q. Redd (IL)
Chad A. Sanders (IN)
Mark A. Sawyer (IN)

    The drivers were included in Docket No. FMCSA-2012-0386. Their
exemptions are effective as of January 28, 2017 and will expire on
January 28, 2019.
    As of January 31, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 49 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (79 FR 78938; 80 FR
12545):

Joseph L. Allen (TX)
Wayne A. Aukes (MN)
Freddie W. Bermudez, Jr. (IL)
Darrell K. Blanton (NC)
Richard A. Boor (VA)
Stephen R. Brown (NH)
Kenneth E. Chastain (TN)
Jeffery C. Colbert (AR)
Kenny L. Dickerson (GA)
James M. DiClaudio (NJ)
Steven A. Dion (NY)
Dean R. Duquette (ME)
Joseph J. Eckstrom (NY)
Morgan D. Hale, Jr. (KY)
James J. Hartman (SD)
Dale H. Hintz (WI)
Benjamin D. Horton (VA)
Danny R. Jackson, Jr. (OR)
Brian C. Jagdman (MD)
Terry J. Johnson (MD)
Robert L. Johnson, Jr. (OK)
Michael W. Jones (NJ)
Carl J. Kern, Jr. (PA)
Monte J. Lakosky (MI)
Aaron J. Larson (WI)
Jeffrey G. Lawrence (AR)
Leo D. Maggioli (MA)
Ryan M. McClatchey (TN)
Carl A. Mears, Jr. (VT)

Robert P. Miller (WI)
Nicholas M. Palocy (VT)
John D. Patterson (OH)
Michael W. Perez (OH)
Jerry Platero (NM)
Darrell K. Rau (IA)
Andrew B. Renninger (PA)
Ryan T. Rock (ID)
Wilfredo Rodriguez (NY)
Mark A. Santana (PA)
Donald E. Scovil (NH)
David E. Shinen (CA)
Patrick A. Shryock (AR)
Joshua C. Thompson (AZ)
Jeffrey D. Thomson (WI)
Marshall L. Wainwright (IL)
Glenn P. Whitehouse (PA)
Jennifer R. Williams (PA)
John E. Yates (IN)
Jeffrey S. Zimmer (NH)

    The drivers were included in Docket No. FMCSA-2014-0311. Their
exemptions are effective as of January 31, 2017 and will expire on
January 31, 2019.
    Each of the 130 drivers in the aforementioned groups qualifies for
a renewal of the exemption. They have maintained their required medical
monitoring and have not exhibited any medical issues that would
compromise their ability to safely operate a CMV during the previous 2-
year exemption period.
    These factors provide an adequate basis for predicting each
driver's ability to continue to drive safely in interstate commerce.
Therefore, FMCSA concludes that extending the exemption for each of the
130 drivers for a period of two years is likely to achieve a level of
safety equal to that existing without the exemption. The drivers were
included in docket numbers FMCSA-2010-0355; FMCSA-2010-0386; FMCSA-
2012-0347; FMCSA-2012-0348; FMCSA-2014-0310; FMCSA-2014-0311.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by January 30, 2017.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 130 individuals from rule
prohibiting persons with ITDM from operating CMVs in interstate
commerce in 49 CFR 391.41(b)(3). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications. The notices of applications stated in
detail the medical condition of each applicant for an exemption from
rule prohibiting persons with ITDM from operating CMVs in interstate
commerce. That information is available by consulting the above cited
Federal Register publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket numbers FMCSA-2010-0355; FMCSA-
2010-0386; FMCSA-2012-0347; FMCSA-2012-0348; FMCSA-2014-0310; FMCSA-
2014-0311 and click the search button. When the new screen appears,
click on the blue ``Comment Now!'' button on the right hand side of the
page. On the new page, enter information required including the
specific section of this document to which each comment applies, and
provide a reason for each suggestion or recommendation. If you submit
your comments by mail or hand delivery, submit them in an unbound
format, no larger than 8\1/2\ by 11 inches, suitable for copying and
electronic filing. If you submit comments by mail and would like to
know that they reached the facility, please enclose a stamped, self-
addressed postcard or envelope.
    We will consider all comments and material received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2010-0355; FMCSA-2010-0386; FMCSA-2012-0347;
FMCSA-2012-0348; FMCSA-2014-0310; FMCSA-2014-0311 and click ``Search.''
Next, click ``Open Docket Folder'' and you will find all documents and
comments related to this notice.

    Issued on: December 15, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-31552 Filed 12-28-16; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20606-20607]
[FR Doc No: 2023-07192]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0041]

Qualification of Drivers; Exemption Applications; Implantable
Cardioverter Defibrillator (ICD)

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice of denials.

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

SUMMARY: FMCSA announces its decision to deny the applications from
four individuals treated with an Implantable Cardioverter Defibrillator
(ICD) who requested an exemption from the Federal Motor Carrier Safety
Regulations (FMCSRs) prohibiting operation of a commercial motor
vehicle (CMV) in interstate commerce by persons with a current clinical
diagnosis of myocardial infarction, angina pectoris, coronary
insufficiency, thrombosis, or any other cardiovascular disease of a
variety known to be accompanied by syncope (transient loss of
consciousness), dyspnea (shortness of breath), collapse, or congestive
heart failure.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room
W64-224, Washington, DC 20590-0001,<PHONE_NUMBER>,
[email protected]. Office hours are from 8:30 a.m. to 5 p.m. ET
Monday through Friday, except Federal holidays. If you have questions
regarding viewing materials in the docket, contact Dockets Operations,
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number (FMCSA-2023-0041) in the keyword box and click ``Search.'' Next,
sort the results by ``Posted (Newer-Older),'' choose the first notice
listed, and click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
in Room W12-140 on the ground floor of the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m.
ET Monday through Friday, except Federal holidays. To be sure someone
is there to help you, please call<PHONE_NUMBER> or<PHONE_NUMBER>
before visiting Dockets Operations.

B. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption requests. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov. As described in the system of records
notice DOT/ALL 14 (Federal Docket Management System), which can be
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of
the submitter.

II. Background

    On February 13, 2023, FMCSA published a notice announcing receipt
of applications from four individuals treated with ICDs and requested
comments from the public (88 FR 9318). The individuals requested an
exemption from 49 CFR 391.41(b)(4) which prohibits operation of a CMV
in interstate commerce by persons with a current clinical diagnosis of
myocardial infarction, angina pectoris, coronary insufficiency,
thrombosis, or any other cardiovascular disease of a variety known to
be accompanied by syncope, dyspnea, collapse, or congestive heart
failure. The public comment period ended on March 15, 2023, and one
comment was received.
    FMCSA has evaluated the eligibility of the applicants and concluded
that granting an exemption would not provide a level of safety that
would be equivalent to, or greater than, the level of safety that would
be obtained by complying with Sec.  391.41(b)(4). A summary of each
applicant's medical history related to their ICD exemption request was
discussed in the February 13, 2023, Federal Register notice (88 FR
9318), and will not be repeated here.

    The Agency's decision regarding this exemption application is based
on information from the Cardiovascular Medical Advisory Criteria, an
April 2007 evidence report titled ``Cardiovascular Disease and
Commercial Motor Vehicle Driver Safety,'' \1\ and a December 2014
focused research report titled ``Implantable Cardioverter
Defibrillators and the Impact of a Shock in a Patient When Deployed.''
Copies of these reports are included in the docket.
---------------------------------------------------------------------------

    \1\ The report is available on the internet at https://rosap.ntl.bts.gov/view/dot/16462.
---------------------------------------------------------------------------

    FMCSA has published advisory criteria to assist medical examiners
in determining whether drivers with certain medical conditions are
qualified to operate a CMV in interstate commerce.\2\ The advisory
criteria for Sec.  391.41(b)(4) indicates that coronary artery bypass
surgery and pacemaker implantation are remedial procedures and thus,
not medically disqualifying. ICDs are disqualifying due to risk of
syncope.
---------------------------------------------------------------------------

    \2\ These criteria may be found in 49 CFR part 391, APPENDIX A
TO PART 391--MEDICAL ADVISORY CRITERIA, section D. Cardiovascular:
Sec.  391.41(b)(4), paragraph 4, which is available on the internet
at https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

III. Discussion of Comments

    FMCSA received one comment in this proceeding. The comment was from
a cardiovascular specialty nurse. The commenter indicated that a review
of the applicant's ``clinical presentation and health status'' is more
important to consider rather than just the physical presence of an ICD,
suggesting that a decision on whether to grant an exemption should be
made on an individualized basis considering those factors.
    As stated in this notice in the section below, FMCSA evaluates each
exemption application on an individualized basis considering all
medical information to include what is provided by the applicant,
available medical and scientific data concerning ICDs, and any relevant
public comments received. Not only does FMCSA consider the physical
presence of an ICD, but also the underlying condition for which the ICD
was implanted that places the individual at high risk for loss of
ability to operate a CMV.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption.
    The Agency's decision regarding these exemption applications is
based on an individualized assessment of the applicants' medical
information, available medical and scientific data concerning ICDs, and
any relevant public comments received.
    In the case of persons with ICDs, the underlying condition for
which the ICD was implanted places the individual at high risk for
syncope or other unpredictable events known to result in gradual or
sudden incapacitation. ICDs may discharge, which could result in loss
of ability to safely control a CMV. The December 2014 focused research
report referenced previously upholds the findings of the April 2007
report and indicates that the available scientific data on persons with
ICDs and CMV driving does not support that persons with ICDs who
operate CMVs are able to meet an equal or greater level of safety.

V. Conclusion

    The Agency has determined that the available medical and scientific
literature and research provides insufficient data to enable the Agency
to conclude that granting these exemptions would achieve a level of
safety equivalent to, or greater than, the level of safety maintained
without the exemption. Therefore, the following applicants have been
denied an exemption from the physical qualification standards in Sec.
391.41(b)(4):

Kevin Coughlin (MA)
Charles Halepakis (MA)
Antonio Maceroni (MI)
Michael Wilson (FL)
    The applicants have, prior to this notice, received a letter of
final disposition regarding their exemption request. The decision
letter fully outlined the basis for the denial and constitute final
action by the Agency. The names of these individuals published today
summarizes the Agency's recent denials as required under 49 U.S.C.
31315(b)(4).

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-07192 Filed 4-5-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Notices]
[Pages 60976-60978]
[FR Doc No: 2012-24605]

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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: RP12-1071-000.
    Applicants: Vector Pipeline L.P.
    Description: NAESB 2.0 Compliance Filing to be effective 12/1/2012.
    Filed Date: 9/27/12.
    Accession Number: 20120927-5025.
    Comments Due: 5 p.m. ET 10/9/12.

    Docket Numbers: RP12-1072-000.
    Applicants: Golden Triangle Storage, Inc.
    Description: Proposed Revisions to FERC Gas Tariff to Comply With
Order No. 587-V to be effective 12/1/2012.
    Filed Date: 9/27/12.
    Accession Number: 20120927-5032.
    Comments Due: 5 p.m. ET 10/9/12.

    Docket Numbers: RP12-1074-000.
    Applicants: Dominion Transmission, Inc.
    Description: DTI--Northeast Expansion (CP11-39) Incremental Rate to
be effective 11/1/2012.

    Filed Date: 9/27/12.
    Accession Number: 20120927-5051.
    Comments Due: 5 p.m. ET 10/9/12.

    Docket Numbers: RP12-1075-000.
    Applicants: Arlington Storage Company, LLC.
    Description: Arlington Storage Company, LLC--Order No. 587-V
Compliance Filing to be effective 12/1/2012.
    Filed Date: 9/27/12.
    Accession Number: 20120927-5073.
    Comments Due: 5 p.m. ET 10/9/12.

    Docket Numbers: RP12-1076-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Order No. 587-V Compliance (NAESB 2.0) to be effective
12/1/2012.
    Filed Date: 9/27/12.
    Accession Number: 20120927-5075.
    Comments Due: 5 p.m. ET 10/9/12.

    Docket Numbers: RP12-1077-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Twin Eagle Negotiated Rate to be effective 10/1/2012.
    Filed Date: 9/27/12.
    Accession Number: 20120927-5091.
    Comments Due: 5 p.m. ET 10/9/12.

    Docket Numbers: RP12-1078-000.
    Applicants: Young Gas Storage Company, Ltd.
    Description: Young Gas Storage Company, Ltd.'s Operational
Purchases and Sales Annual Report.
    Filed Date: 9/27/12.
    Accession Number: 20120927-5097.
    Comments Due: 5 p.m. ET 10/9/12.

    Docket Numbers: RP12-1079-000.
    Applicants: Central New York Oil And Gas, L.L.C.
    Description: Central New York Oil And Gas Company, LLC--Order No.
587-V Compliance Filing to be effective 12/1/2012.
    Filed Date: 9/27/12.
    Accession Number: 20120927-5121.
    Comments Due: 5 p.m. ET 10/9/12.

    Docket Numbers: RP12-1080-000.
    Applicants: Steuben Gas Storage Company.
    Description: Steuben Gas Storage Company--Order No. 587-V
Compliance Filing to be effective 12/1/2012.
    Filed Date: 9/27/12.
    Accession Number: 20120927-5134.
    Comments Due: 5 p.m. ET 10/9/12.

    Docket Numbers: RP12-1081-000.
    Applicants: Kinder Morgan Illinois Pipeline LLC.
    Description: Order No. 587-V Compliance Filing to be effective 12/
1/2012.
    Filed Date: 9/27/12.
    Accession Number: 20120927-5152.
    Comments Due: 5 p.m. ET 10/9/12.

    Docket Numbers: RP12-1082-000.
    Applicants: Guardian Pipeline, L.L.C.
    Description: EPC Semi Annual Adjustment--Fall 2012 to be effective
11/1/2012.
    Filed Date: 9/27/12.
    Accession Number: 20120927-5177.
    Comments Due: 5 p.m. ET 10/9/12.

    Docket Numbers: RP12-1083-000.
    Applicants: ANR Pipeline Company.
    Description: Integrys Energy Services to be effective 10/1/2012.
    Filed Date: 9/27/12.
    Accession Number: 20120927-5179.
    Comments Due: 5 p.m. ET 10/9/12.

    Docket Numbers: RP12-1084-000.
    Applicants: Midcontinent Express Pipeline LLC.
    Description: Order No. 587-V Compliance Filing to be effective 12/
1/2012.
    Filed Date: 9/27/12.
    Accession Number: 20120927-5180.
    Comments Due: 5 p.m. ET 10/9/12.

    Docket Numbers: RP12-1085-000.
    Applicants: Equitrans, L.P.
    Description: NAESB 2.0 Order No. 587-V Compliance Filing to be
effective 12/1/2012.
    Filed Date: 9/27/12.
    Accession Number: 20120927-5184.
    Comments Due: 5 p.m. ET 10/9/12.

    Docket Numbers: RP12-1086-000.
    Applicants: Pine Needle LNG Company, LLC.
    Description: Pine Needle Order No. 587-V Compliance (NAESB 2.0) to
be effective 12/1/2012.
    Filed Date: 9/27/12.
    Accession Number: 20120927-5185.
    Comments Due: 5 p.m. ET 10/9/12.

    Docket Numbers: RP12-1087-000.
    Applicants: Horizon Pipeline Company, L.L.C.
    Description: Order No. 587-V Compliance Filing to be effective 12/
1/2012.
    Filed Date: 9/27/12.
    Accession Number: 20120927-5188.
    Comments Due: 5 p.m. ET 10/9/12.

    Docket Numbers: RP12-1088-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: 2012-09-28 Negotiated Rate Filing BP--Permanent
Replacement to be effective 10/1/2012.
    Filed Date: 9/28/12.
    Accession Number: 20120928-5000.
    Comments Due: 5 p.m. ET 10/10/12.

    Docket Numbers: RP12-1089-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: NAESB 2.0 to be effective 12/1/2012.
    Filed Date: 9/28/12.
    Accession Number: 20120928-5001.
    Comments Due: 5 p.m. ET 10/10/12.

    Docket Numbers: RP12-1090-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: NAESB 2.0 to be effective 12/1/2012.
    Filed Date: 9/28/12.
    Accession Number: 20120928-5002.
    Comments Due: 5 p.m. ET 10/10/12.

    Docket Numbers: RP12-1091-000.
    Applicants: Kinder Morgan Interstate Gas Transmissio.
    Description: NAESB 2.0 Filing to be effective 12/1/2012.
    Filed Date: 9/28/12.
    Accession Number: 20120928-5004.
    Comments Due: 5 p.m. ET 10/10/12.

    Docket Numbers: RP12-1092-000.
    Applicants: Kinder Morgan Louisiana Pipeline LLC.
    Description: Order No. 587-V Compliance Filing to be effective 12/
1/2012.
    Filed Date: 9/28/12.
    Accession Number: 20120928-5005.
    Comments Due: 5 p.m. ET 10/10/12.

    Docket Numbers: RP12-1094-000.
    Applicants: Bobcat Gas Storage.
    Description: Order 587-V Compliance Filing (NAESB Version 2.0
Standards) BGS to be effective 12/1/2012.
    Filed Date: 9/28/12.
    Accession Number: 20120928-5024.
    Comments Due: 5 p.m. ET 10/10/12.

    Docket Numbers: RP12-1095-000.
    Applicants: East Tennessee Natural Gas, LLC.
    Description: Order 587-V Compliance Filing (NAESB Version 2.0
Standards) ETNG to be effective 12/1/2012.
    Filed Date: 9/28/12.
    Accession Number: 20120928-5025.
    Comments Due: 5 p.m. ET 10/10/12.

    Docket Numbers: RP12-1096-000.
    Applicants: Egan Hub Storage, LLC.
    Description: Order 587-V Compliance Filing (NAESB Version 2.0
Standards) Egan to be effective 12/1/2012.
    Filed Date: 9/28/12.
    Accession Number: 20120928-5026.
    Comments Due: 5 p.m. ET 10/10/12.

    Docket Numbers: RP12-1097-000.
    Applicants: Ozark Gas Transmission, L.L.C.
    Description: Order 587-V Compliance Filing (NAESB Version 2.0
Standards) OGT to be effective 12/1/2012.
    Filed Date: 9/28/12.
    Accession Number: 20120928-5027.
    Comments Due: 5 p.m. ET 10/10/12.

    Docket Numbers: RP12-1098-000.
    Applicants: Gas Transmission Northwest LLC.
    Description: Medford E-2 Rate Adjustment to be effective 11/1/2012.
    Filed Date: 9/28/12.
    Accession Number: 20120928-5028.

    Comments Due: 5 p.m. ET 10/10/12.

    Docket Numbers: RP12-1099-000.
    Applicants: Saltville Gas Storage Company L.L.C.
    Description: Order 587-V Compliance Filing (NAESB Version 2.0
Standards) SGSC to be effective 12/1/2012.
    Filed Date: 9/28/12.
    Accession Number: 20120928-5030.
    Comments Due: 5 p.m. ET 10/10/12.

    Docket Numbers: RP12-1102-000.
    Applicants: Dominion Transmission, Inc.
    Description: DTI--2012 Annual EPCA to be effective 11/1/2012.
    Filed Date: 9/28/12.
    Accession Number: 20120928-5031.
    Comments Due: 5 p.m. ET 10/10/12.

    Docket Numbers: RP12-1103-000.
    Applicants: Dominion Transmission, Inc.
    Description: DTI--2012 Annual TCRA to be effective 11/1/2012.
    Filed Date: 9/28/12.
    Accession Number: 20120928-5032.
    Comments Due: 5 p.m. ET 10/10/12.

    Docket Numbers: RP12-1104-000.
    Applicants: Honeoye Storage Corporation.
    Description: Volume No. 1A NAESB Order 587V December 1 2012 to be
effective 9/27/2012.
    Filed Date: 9/28/12.
    Accession Number: 20120928-5033.
    Comments Due: 5 p.m. ET 10/10/12.

    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 Sec.  385.211 and Sec.  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.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, and service 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 (202) 502-
8659.

    Dated: September 28, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-24605 Filed 10-4-12; 8:45 am]
BILLING CODE 6717-01-P