[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Notices]
[Page 28325]
[FR Doc No: 2019-12857]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3405-EM; Docket ID FEMA-2019-0001]

Florida; Amendment No. 2 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of an emergency declaration for
State of Florida (FEMA-3405-EM), dated October 9, 2018, and related
determinations.

DATES: This change occurred on May 1, 2019.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Thomas J.
Dargan, of FEMA is appointed to act as the Federal Coordinating Officer
for this emergency.
    This action terminates the appointment of Thomas J. McCool as
Federal Coordinating Officer for this emergency.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-12857 Filed 6-17-19; 8:45 am]
 BILLING CODE 9111-23-P


U. S. ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, DC 20460 . OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES MEMORANDUM SUBJECT: Tier I Estimated Environmental Concentrations of Dimethipin, for use in Human Health Risk Assessment ( PC Code 118901; DP Barcode D293574)

FROM: Larry Liu, Ph. D., Environmental Scientist ERB V, Environmental Fate and Effects Division ( 7507C)

THROUGH: Mah T. Shamim, Ph. D., Chief Environmental Risk Branch V Environmental Fate and Effects Division TO: Susan Stanton HED This memo presents the Tier I Estimated Environmental Concentrations ( EECs) for dimethipin, estimated using FIRST for surface water and SCIGROW for groundwater in the human health risk assessment.

For dimethipin, the surface water acute ( peak) value is 11.9 ppb and the chronic ( average 56 day) value is 7.3 ppb based on the application on cotton. The groundwater screening concentration is 423.2 ppb for dimethipin. Details of the application scenarios that were evaluated are presented in Table 3.

Should the results of this assessment indicate a need for further refinement, please, contact us as soon as possible so that we may schedule a Tier II assessment.

Dimethipin Fate Properties Environmental Fate Dimithipin ( 2,3 dihydro 5,6 dimethyl 1,4 dithi ine 1,1,4,4 tetraoxide; Harvade) is used primarily ( 95%) as a cotton defoliant, with minor uses ( 5%) as post directed weed control in cotton in tank 2 mixes with other herbicides. The maximum seasonal rate is 0.56 lb a. i./ A. The majority of applications are made at 0.31 lb a. i./ A, with a small number of applications at 0.23 or 0.38 lb a. i./ A. It is applied both by ground rig and by air.

Listed below are the fate properties for dimethipin:

Water solubility = 4,600 ppm ( 25 C) Vapor pressure = < 3.87x10 7 mm Hg ( 24 C) Kow = 0.75 ( 25 C)

Study Type Half Life/ Kd/ Koc Hydrolysis pH 5 stable pH 7 stable pH 9 stable Aqueous photolysis pH 5 59 days pH 7 224 days pH 9 198 days Soil Photolysis 86.6 days Aerobic Soil 408 days Anaerobic Aquatic 277 days Adsorption Kd Koc clay 0.09 3.27 sand < 0.01 < 1 sandy loam < 0.01 < 1 loam < 0.01 < 1 Field Dissipation Georgia  136 day ( bare ground); 117 days ( cropped)

Mississippi  25 day Environmental Persistence Dimethipin degrades slowly under laboratory and field conditions, with the apparent primary route of dissipation in the field being leaching coupled with photodegradation at the soil surface and 3 metabolic degradation throughout the soil column.

In buffered aqueous solutions, Dimithipin was stable to hydrolysis with half lives > 2 years at pHs 3 9 and photodegraded slowly to very slowly with half lives ranging from 60 days ( pH 5) to 224 days ( pH 7) at pH 5 9. In sandy loam soil, dimethipin photodegraded with a half life of 75 days. In metabolism studies, dimethipin degraded under aerobic conditions with a half life of 408 days and under anaerobic aquatic conditions with a half life of 277 days.

Octanol/ water partitioning ( Kow) data provided by the registrant indicates a low potential for dimethipin to accumulate in fish ( Kow for dimethipin = 0.7).

Expected Mobility Dimethipin has very high mobility in soils ranging from sand to clay, with Freundlich adsorption coefficients of

0.09. In field studies using bare ground and cropped plots, dimethipin leached to a depth of 75 90 cm.

Volatilization is not expected to be a significant since the reported vapor pressure is < 3.87 x 10 7 mm Hg at 24  C.

Degradate Profile No major transformation products were identified in any study. 2,3 Dihydro 5 hydroxymethyl 6 methyl 1,4 dithiin 1,1,4,4 tetraoxide ( H 5) was a minor transformation product at < 2% of the applied in the photodegradation in water study only. The saturated carboxylic acid of dimethipin was identified in the anaerobic aquatic study but was not quantified.

Summary of Environmental Fate Studies for Dimethipin Degradate Maximum Degradate Concentration (% of applied) in Study:

Hydrolysis ( 161 1) Aqueous Photo. ( 161 2) Soil Photo. ( 161 3) Aerobic Soil ( 162 1) Anaerobic Aquatic ( 162 3) Field Diss. ( 164 1)

2,3 Dihydro 5 hydroxymethyl 6 methyl 1,4 dithiin 1,1,4,4 tetraoxide ( aka H 5) Not detected 2% @ pH 5 0.8% @ pH 9 Not detected Not detected Not detected Not analyzed Saturated carboxylic acid of Dimethipin Not analyzed Not detected Not detected Detected, but not quantified Not detected Not analyzed 4 Background Information on FIRST:

FIRST is a new screening model designed to estimate the pesticide concentrations found in water for use in drinking water assessments. It provides high end values on the concentrations that might be found in a small drinking water reservoir due to the use of pesticide. Like GENEEC, the model previously used for Tier I screening level, FIRST is a single event model ( one run off event), but can account for spray drift from multiple applications. FIRST uses a Drinking Water Reservoir instead of a pond as the standard scenario. The FIRST scenario includes a 427 acres field immediately adjacent to a 13 acres reservoir, 9 feet deep, with continuous flow ( two turnovers per year). The pond receives a spray drift event from each application plus one runoff event. The runoff event moves a maximum of 8% of the applied pesticide into the pond. This amount can be reduced due to degradation on field and the effect of binding to soil. Spray drift is equal to 6.4% of the applied concentration from the ground spray application and 16% for aerial applications.

FIRST also makes adjustments for the percent crop area. While FIRST assumes that the entire watershed would not be treated, the use of a PCA is still a screen because it represents the highest percentage of crop cover of any large watershed in the US, and it assumes that the entire crop is being treated. Various other conservative assumptions of FIRST include the use of a small drinking water reservoir surrounded by a runoff prone watershed, the use of the maximum use rate, no buffer zone, and a single large rainfall.

Background Information on SCI GROW:

SCI GROW provides a groundwater screening exposure value to be used in determining the potential risk to human health from drinking water contaminated with the pesticide. Since the SCI GROW concentrations are likely to be approached in only a very small percentage of drinking water sources, i. e., highly vulnerable aquifers, it is not appropriate to use SCI GROW for national or regional exposure estimates. SCI GROW estimates likely groundwater concentrations if the pesticide is used at the maximum allowable rate in areas where groundwater is exceptionally vulnerable to contamination. In most cases, a large majority of the use area will have groundwater that is less vulnerable to contamination than the areas used to derive the SCIGROW estimate.

Modeling Inputs and Results:

Table 1 and Table 2 summarize the input values used in the model runs for FIRST and SCIGROW respectively. Fate parameters were obtained from studies submitted by the registrant and modified, if necessary, according to the Guidance for Selecting Input Parameters in Modeling the Environmental Fate and Transport of Pesticides, Version ll ( February 28, 2002). The modeling results associated with maximum allowable rate per year for representative crops are presented in Table 3. Attached to this memo are copies of the original printouts generated from FIRST and SCI GROW runs. 5 Table 1. Environmental Fate Input Parameters for FIRST.

Parameter Dimethipin Value Water Solubility ( 25 C) 4,600 mg/ L Hydrolysis Half Life ( pH 7) Stable Aerobic Soil Metabolism Half Life ( mean value plus t 90, n 1 x   ) / n1/ 2) 408 days 1,224 days ( 3x)

Aerobic Aquatic Metabolism Half Life n/ a Aqueous Photolysis Half Life ( at pH 7) 224 Soil Water Partition Coefficient ( Koc) 1 Pesticide is Wetted In No PCA 0.20 Depth of Incorporation ( Aerial) 0.0 Table 2. Environmental Fate Input Parameters for SCI GROW.

Parameter Dimethipin Value Organic Carbon Partition Coefficient ( K OC) 1 Aerobic Soil Metabolism Half Life 408 days Table 3. Application Information and Modeling Results for Use of Dimethipin on Cotton.

Parameter Dimethipin value Application Method Aerial spray Maximum Application Rate per Season ( the seasonal maximum rate was used in the modeling) 0.562 lbs a. i/ acre Application Frequency once/ year Incorporation Depth 0 inch Application Interval ( days) N/ A FIRST Peak Untreated Water Concentration 11.9 ppb FIRST Annual Average Untreated Water Concentration 7.3 ppb SCI GROW Ground Water Concentration 423.2 ppb 6 FIRST run for the use of dimethipin on cotton RUN No. 100 FOR dimethipin * INPUT VALUES *  RATE (#/ AC) No. APPS & SOIL SOLUBIL APPL TYPE % CROPPED INCORP ONE( MULT) INTERVAL Kd ( PPM ) (% DRIFT) AREA ( IN)  0.562( 0.562) 1 1 1.0 4600.0 AERIAL( 16.0) 20.0 .0 FIELD AND RESERVOIR HALFLIFE VALUES ( DAYS)  METABOLIC DAYS UNTIL HYDROLYSIS PHOTOLYSIS METABOLIC COMBINED ( FIELD) RAIN/ RUNOFF ( RESERVOIR) ( RES. EFF) ( RESER.) ( RESER.)

1224.00 2 N/ A 224.00 27776.00 816.00 792.71 UNTREATED WATER CONC ( MICROGRAMS/ LITER ( PPB)) Ver 1.0 AUG 1, 2001  PEAK DAY ( ACUTE) ANNUAL AVERAGE ( CHRONIC) CONCENTRATION CONCENTRATION  11.897 7.304 SCI GROW run for the use of dimethipin on cotton RUN No. 111 FOR dimethipin INPUT VALUES  APPL (#/ AC) APPL. URATE SOIL SOIL AEROBIC RATE NO. (#/ AC/ YR) KOC METABOLISM ( DAYS)  0.562 1 0.562 1. 408.0 GROUND WATER SCREENING CONCENTRATIONS IN PPB  423.152


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY

2000 TRAVERWOOD DRIVE

ANN ARBOR, MI  48105-2498

									     OFFICE OF

									AIR AND RADIATION

January 3, 2014

MEMORANDUM

SUBJECT:  Meeting with AFPM Regarding Tier 3

FROM:  Paul Machiele, Director

	   Fuels Center, ASD, OTAQ

TO:  EPA Docket # EPA-HQ-OAR-2009-0472

This memo documents a meeting held on Thursday, December 19, 2013, between representatives of the American Fuel and Petrochemical Manufacturers (AFPM) and EPA to discuss EPA’s proposed Tier 3 gasoline sulfur program.  An attendance list is attached.

The discussion topics included

80 ppm cap

PBMS testing provisions

Concern over January 1, 2017 start date

Project timelines, long lead time item, permitting, turnaround schedules

Uncertainty in relying on early credits

Uncertainty about not knowing what the final rulemaking will contain.

ATTACHMENT

Meeting with American Fuel and Petrochemical Manufacturers

December 19, 2013, 3:15-4:15pm

Subject:  Tier 3

Attendees:

	EPA in D.C.

		Christopher Grundler

		Paul Argyropoulos

	EPA in Ann Arbor, MI by video

		Paul Machiele

		Bill Charmley

	AFPM in D.C.

		Janice Rayburn, BP

		John Reese, Shell

		Tim Hogan, AFPM

	AFPM in Ann Arbor, MI by video

		Fred Walas, Marathon

		Marla Benyshek, Phillips 66

	AFPM by Conference Call (those intending to participate)

		CITGO/Judy Higgerson , CITGO

		Elisabeth Vrahopoulou, ExxonMobil

		Rita Hardy, Flint Hills Resources

		Steve Moyer, HollyFrontier

		Karl Bartholomew, ICIS Consulting

		Cindy Millett, Irving Oil

		Mike Leister, Marathon Petroleum

		Jeff Nichols, Stancil & Co. (consultant)

		Derek Regal, Tesoro

		John Braeutigam, Valero

		Vance Kopp, Weaver (consultant)

		Neil Gunn, Western Refining

		Robert Panchak, Wynnewood Refining


[Federal Register: January 12, 2007 (Volume 72, Number 8)]
[Notices]
[Page 1501]
[DOCID:fr12ja07-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP07-57-000, CP97-238-012, RP04-360-009]

Maritimes & Northeast Pipeline L.L.C., Portland Natural Gas
Transmission System; Notice of Filing

January 5, 2007.
    Take notice that on December 18, 2006, Maritimes & Northeast
Pipeline L.L.C. and Portland Natural Gas Transmission System (Settling
Parties) submitted a Settlement Agreement for Commission approval. The
principal effect of the Settlement Agreement is to modify certain
agreements between the Settling Parties relating to their ownership of
certain jointly-owned facilities approved by the Commission in a
November 4, 1997 order.\1\
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    \1\ Maritimes & Northeast Pipeline, L.L.C. and Portland Natural
Gas Transmission System, 80 FERC ] 61,136, order on reh'g and
approving agreements, 81 FERC ] 61,166 (1997).
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    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant. On or before the comment date, it is
not necessary to serve motions to intervene or protests on persons
other than the Applicant.
    The Commission encourages electronic submission of 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: 5 p.m. Eastern Time on January 16, 2007.

Magalie R. Salas,
Secretary.
[FR Doc. E7-283 Filed 1-11-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Notices]
[Pages 3302-3303]
[FR Doc No: 2017-00378]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-1942-014; ER10-1862-016; ER10-1877-004; ER10-
1893-016; ER10-1934-016; ER10-1938-017; ER10-2042-022; ER10-2985-020;
ER10-3049-021; ER10-3051-021; ER17-696-002.
    Applicants: Calpine Construction Finance Company, L.P., Calpine
Energy Services, L.P., Calpine Energy Solutions, LLC, Calpine Power
America-CA, LLC, CES Marketing IX, LLC, CES Marketing X, LLC, Champion
Energy Marketing LLC, Champion Energy Services, LLC, Champion Energy,
LLC, Hermiston Power, LLC, Power Contract Financing, L.L.C.
    Description: Updated Market Power Analysis for the Northwest Region
of the Calpine Corporation MBR Sellers.
    Filed Date: 12/30/16.
    Accession Number: 20161230-5127.

    Comments Due: 5 p.m. ET 2/28/17.

    Docket Numbers: ER11-4717-002.
    Applicants: International Paper Company.
    Description: Notice of Non-Material Change in Status of
International Paper Company.
    Filed Date: 12/30/16.
    Accession Number: 20161230-5043.
    Comments Due: 5 p.m. ET 1/20/17.

    Docket Numbers: ER15-2582-002; ER10-1851-007; ER10-1852-015; ER10-
1930-007; ER10-1931-008; ER15-2101-004; ER12-2226-007; ER12-2225-007;
ER14-2138-004; ER10-1966-008; ER10-1976-008; ER10-1985-008; ER10-1971-
034; ER11-4462-025.
    Applicants: Carousel Wind Farm, LLC, ESI Vansycle Partners, L.P.,
Florida Power & Light Company, FPL Energy Stateline II, Inc., FPL
Energy Vansycle, L.L.C, Golden West Power Partners, LLC, Limon Wind,
LLC, Limon Wind II, LLC, Limon Wind III, LLC, Logan Wind Energy LLC,
Northern Colorado Wind Energy, LLC, Peetz Table Wind Energy, LLC,
NextEra Energy Power Marketing, LLC, NEPM II, LLC.
    Description: Triennial Market Power Update for the Northwest Region
of NextEra Companies.
    Filed Date: 12/30/16.
    Accession Number: 20161230-5176.
    Comments Due: 5 p.m. ET 2/28/17.

    Docket Numbers: ER17-696-001.
    Applicants: Calpine Energy Solutions, LLC.
    Description: Notification of Change in Status of Calpine Energy
Solutions, LLC.
    Filed Date: 12/30/16.
    Accession Number: 20161230-5113.
    Comments Due: 5 p.m. ET 1/20/17.

    Docket Numbers: ER17-715-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2016-12-30_SA 2988
MidAmerican-MidAmerican GIA (J500) to be effective 12/31/2016.
    Filed Date: 12/30/16.
    Accession Number: 20161230-5023.
    Comments Due: 5 p.m. ET 1/20/17.

    Docket Numbers: ER17-716-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2016-12-30 _Order 828 Compliance
Filing to be effective N/A.
    Filed Date: 12/30/16.
    Accession Number: 20161230-5025.
    Comments Due: 5 p.m. ET 1/20/17.

    Docket Numbers: ER17-717-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Queue Position AB2-048,
Original Service Agreement No. 4597 to be effective 11/30/2016.
    Filed Date: 12/30/16.
    Accession Number: 20161230-5028.
    Comments Due: 5 p.m. ET 1/20/17.

    Docket Numbers: ER17-718-000
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revisions to MISO-PJM JOA,
Article IX sections 9.3 and 9.4 to be effective 12/31/9998.
    Filed Date: 12/30/16.
    Accession Number: 20161230-5057.
    Comments Due: 5 p.m. ET 1/20/17.

    Docket Numbers: ER17-719-000.
    Applicants: PJM Interconnection, L.L.C., Metropolitan Edison
Company, American Transmission Systems, Incorporated.
    Description: Sec.  205(d) Rate Filing: ATSI et. al. submits OIA SA
No. 2852 & ECSA SA No. 4554 to be effective 1/1/2017.
    Filed Date: 12/30/16.
    Accession Number: 20161230-5059.
    Comments Due: 5 p.m. ET 1/20/17.

    Docket Numbers: ER17-720-000.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Illinois Company.
    Description: Sec.  205(d) Rate Filing: 2016-12-30_SA 2991 Ameren
Illinois-Prairie Power CA (Shelbyville Substation) to be effective 12/
1/2016.
    Filed Date: 12/30/16.
    Accession Number: 20161230-5060.
    Comments Due: 5 p.m. ET 1/20/17.

    Docket Numbers: ER17-721-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2016-12-30_Targeted Market
Efficiency Amendments to MISO-PJM JOA to be effective 6/28/2017.
    Filed Date: 12/30/16.
    Accession Number: 20161230-5066.
    Comments Due: 5 p.m. ET 1/20/17.

    Docket Numbers: ER17-722-000.
    Applicants: ITC Midwest LLC.
    Description: Sec.  205(d) Rate Filing: Second Amended and Restated
Corn Belt Interconnection Agreement to be effective 3/1/2017.
    Filed Date: 12/30/16.
    Accession Number: 20161230-5078.
    Comments Due: 5 p.m. ET 1/20/17.

    Docket Numbers: ER17-723-000.
    Applicants: NRG Power Marketing LLC.
    Description: Sec.  205(d) Rate Filing: Tariff Filing to be
effective 2/1/2017.
    Filed Date: 12/30/16.
    Accession Number: 20161230-5106.
    Comments Due: 5 p.m. ET 1/20/17.

    Docket Numbers: ER17-724-000.
    Applicants: Palouse Wind, LLC.
    Description: Market-Based Triennial Review Filing: Northwest
Triennial to be effective 12/31/2016.
    Filed Date: 12/30/16.
    Accession Number: 20161230-5133.
    Comments Due: 5 p.m. ET 2/28/17.

    Docket Numbers: ER17-725-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revisions to OATT Sch 12-
Appdx and Appdx A for 2017 RTEP Annual Cost Allocations to be effective
1/1/2017.
    Filed Date: 12/30/16.
    Accession Number: 20161230-5154.
    Comments Due: 5 p.m. ET 1/20/17.

    Docket Numbers: ER17-726-000.
    Applicants: California Independent System Operator Corporation.
    Description: Sec.  205(d) Rate Filing: 2016-12-30 Amdt 1 to CAISO
and BANC Dynamic Transfer Balancing Authority Agmt to be effective 3/1/
2017.
    Filed Date: 12/30/16.
    Accession Number: 20161230-5175.
    Comments Due: 5 p.m. ET 1/20/17.

    Docket Numbers: ER17-727-000.
    Applicants: Valley Electric Association, Inc.
    Description: Sec.  205(d) Rate Filing: Revisions to Transmission
Revenue Requirement to be effective 3/1/2017.
    Filed Date: 12/30/16.
    Accession Number: 20161230-5178.
    Comments Due: 5 p.m. ET 1/20/17.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 30, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-00378 Filed 1-10-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Notices]
[Pages 62858-62860]
[FR Doc No: 2013-24676]

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SECURITIES AND EXCHANGE COMMISSION

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of a Proposed Rule Change and Amendment
No. 1 Thereto Relating to the Short Term Option Series Program

[Release No. 34-70685; File No. SR-CBOE-2013-096]

October 15, 2013. Pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4

thereunder,\2\ notice is hereby given that on October 2, 2013, Chicago
Board Options Exchange, Incorporated (``CBOE'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I and II, below, which
Items have been prepared by the Exchange. On October 15, 2013, the
Exchange filed Amendment No. 1 to the proposal.\3\ The Commission is
publishing this notice to solicit comments on the proposed rule change,
as modified by Amendment No. 1 thereto, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, the Exchange proposed to delete the
phrase ``for each series'' in the proposed rule text for Rule 5.5(d)
located on page three of the 19b-4 and page 19 of the Exhibit 5 of
the original filing and in the proposed rule text for Rule
24.9(a)(2)(A) located on page four of the 19b-4 and page 20 of the
Exhibit 5 of the original filing.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange is proposing to amend Exchange Rules 5.5(d) and
24.9(a)(2)(A) to allow the Exchange to list five Short Term Option
Series at one time and to specify that new series of Short Term Option
Series may be listed up to, and including on, the expiration date. The
text of the proposed rule change is available on the Exchange's Web
site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), 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 the
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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange is proposing to amend Exchange Rules 5.5(d) and
24.9(a)(2)(A). Currently the Exchange's Rules allow for the Exchange to
list options in the Short Term Option Series Program (``Weeklys
Program'' or ``Weekly option'') ``on each of the next five consecutive
Fridays that are business days.'' \4\ The filing which gave the
Exchange authority to list five Weekly option expirations specifically
states that ``the total number of consecutive expirations will be five
(5), including any existing monthly or quarterly expirations'' for the
Weeklys Program.\5\ The Exchange is now proposing to make explicit that
the next five Weekly options may listed at one time, not including the
monthly or quarterly options. The Exchange is also proposing to codify
an existing practice by adding language stating that strikes may be
listed up until and on the day of expiration.
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    \4\ See Exchange Rules 5.5(d) and 24.9(a)(2)(A).
    \5\ See Securities Exchange Act Release No. 68242 (November 15,
2012), 77 FR 69908 (November 21, 2012) (notice of SR-CBOE-2012-110
which was a rule filing based on based on an approved filings
submitted by NYSE Arca, Inc. (``NYSE Arca'') and NYSE MKT, LLC
(``NYSE MKT'')).
---------------------------------------------------------------------------

    As proposed, the Exchange will have the ability to list a total of
five Weeklys and that count of five would not include monthly or
quarterly option expirations. The Exchange notes that this proposal
would restrict the five listed Weeklys to those closest to the Short
Term Option Opening Date. For example, if a class of options has five
Weeklys listed with expiration dates in July, the other two listed
expiration dates may not be in December. The Exchange believes that
allowing otherwise would undermine the purpose of the Short Term Option
Program.
    As examples of how this would work in practice, consider a
situation in which a quarterly option expires week 1 and a monthly
option expire week 3 from now, the proposal would allow the following
expirations: week 1 quarterly option, week 2 Weekly option, week 3
monthly option, week 4 Weekly option, week 5 Weekly option, week 6
Weekly option, and week 7 Weekly option.\6\ As another example, if a
quarterly option expires week 3 and a monthly option expires week 5,
the following expirations would be allowed: week 1 Weekly option, week
2 Weekly option, week 3 quarterly option, week 4 Weekly option, week 5
monthly option, week 6 Weekly option, week 7 Weekly option.\7\
---------------------------------------------------------------------------

    \6\ The proposal would not allow, for example, for nothing to be
listed week 7 but week 8 a Weekly option.
    \7\ Id.
---------------------------------------------------------------------------

    Next, the Exchange is proposing to add language to Rules 5.5(d) and
24.9(a)(2)(A) to state that additional series of Weekly options may be
added up to, and including on, the expiration date of the series.\8\
Currently, Exchange rules state that the Exchange ``may open up to 20
initial series for each option class that participates in the Short
Term Option Series Program'' and ``up to 10 additional series for each
option class that participates in the Short Term Option Series
Program'' however the Exchange's rules are silent on when series may be
added.\9\ In practice, however, the Exchange, along with the other
exchanges, list additional series until the expiration day.\10\ The
Exchange believes that codifying this provision will clearly state
authority which is not currently explicitly stated to add series up
until the day of expiration which is in the current rules. In addition,
given the short lifespan of Weeklys, the Exchange believes that the
ability to list new series of options intraday is appropriate.
---------------------------------------------------------------------------

    \8\ The Exchange is also proposing to add language stating that
the proposed provisions in Rules 5.5(d)(4) and 24.9(a)(2)(A)(iv)
will not contradict current provisions in CBOE Rules. More
specifically, the proposed provisions would not contradict 5.5.04
and 24.9.01(c) respectively. The Exchange believes this addition
will eliminate any confusion about when additional series may be
added in the Weeklys Program in comparison to other Exchange listing
programs.
    \9\ See Exchange Rules 5.5(d)(3), 5.5.(d)(4),
24.9(a)(2)(A)(iii), and 24.9(a)(2)(A)(iv).
    \10\ The Exchange notes that the Options Clearing Corporation
(``OCC'') has the ability to accommodate series in the Weeklys
Program added intraday.
---------------------------------------------------------------------------

    The Exchange notes that the Weeklys Program has been very well-
received by market participants, in particular by retail investors. The
Exchange believes that the current proposed revision to the Weeklys
Program will permit the Exchange to meet increased customer demand and
provide market participants with the ability to hedge in a greater
number of option classes and series. In addition, the proposed changes
will codify an existing practice in the Exchange's rules.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\11\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \12\ requirements that the rules of an exchange be
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 regulating, clearing,
settling,

processing information with respect to, and facilitating transactions
in securities, 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. Additionally, the Exchange
believes the proposed rule change is consistent with the Section
6(b)(5) \13\ requirement that the rules of an exchange not be designed
to permit unfair discrimination between customers, issuers, brokers, or
dealers.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes that expanding the Weeklys
Program will result in a continuing benefit to investors by giving them
more flexibility to closely tailor their investment decisions and
hedging decisions in a greater number of securities. The Exchange also
believes that expanding the Weeklys Program will provide the investing
public and other market participants with additional opportunities to
hedge their investment thus allowing these investors to better manage
their risk exposure.
    With regard to the impact of this proposal on system capacity, the
Exchange has analyzed its capacity and represents that it and the
Options Price Reporting Authority (``OPRA'') have the necessary systems
capacity to handle any potential additional traffic associated with
this current amendment to the Weeklys Program. The Exchange believes
that its TPHs will not have a capacity issue as a result of this
proposal. The Exchange also represents that it does not believe this
expansion will cause fragmentation to liquidity.

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange believes this
proposed rule change will benefit investors by providing additional
methods to trade options on the liquid securities, and providing
greater ability to mitigate risk in managing large portfolios.
Specifically, the Exchange believes that investors would benefit from
the introduction and availability of additional series by more series
available as an investing tool. The Exchange also believes the proposed
changes will provide investors with an additional tool for hedging risk
in highly liquid securities. For all the reasons stated, the Exchange
does not believe that the proposed rule change will impose any burden
on competition not necessary or appropriate in furtherance of the
purposes of the Act, and believes the proposed change will enhance
competition.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission shall: (a) By order approve
or disapprove such proposed rule change, or (b) institute proceedings
to determine whether the proposed rule change should be 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-CBOE-2013-096 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-CBOE-2013-096. This
file number should be included on the subject line if email is used.
    To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room on
official business days between the hours of 10:00 a.m. and 3:00 p.m.
Copies of such filing also will be available for inspection and copying
at the principal offices of the Exchange. All comments received will be
posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CBOE-2013-096, and should be submitted
on or before November 12, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-24676 Filed 10-21-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 21, 2008 (Volume 73, Number 35)]
[Proposed Rules]
[Page 9500-9502]
[DOCID:fr21fe08-25]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0194; Directorate Identifier 2007-NM-263-AD]
RIN 2120-AA64

Airworthiness Directives; Embraer Model EMB-135BJ Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

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:

    Fuel system reassessment, performed according to RBHA-E88/SFAR-
88 (Regulamento Brasileiro de Homologacao Aeronautica 88/Special
Federal Aviation Regulation No. 88), requires the inclusion of new
maintenance tasks in the Critical Design Configuration Control
Limitations (CDCCL) and in the Fuel System Limitations (FSL),
necessary to preclude ignition sources in the fuel system. * * *

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 March 24, 2008.

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.

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: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1405; 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-2008-0194;
Directorate Identifier 2007-NM-263-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 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

    Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), which
is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directive 2007-08-01, effective September 27, 2007
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:

    Fuel system reassessment, performed according to RBHA-E88/SFAR-
88 (Regulamento Brasileiro de Homologacao Aeronautica 88/Special
Federal Aviation Regulation No. 88), requires the inclusion of new
maintenance tasks in the Critical Design Configuration Control
Limitations (CDCCL) and in the Fuel System Limitations (FSL),
necessary to preclude ignition sources in the fuel system. * * *

The corrective action is revising the Airworthiness Limitations Section
(ALS) of the Instructions for Continued Airworthiness (ICA) to
incorporate new limitations for fuel tank systems. You may obtain
further information by examining the MCAI in the AD docket.
    The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large

transport airplanes, including the adequacy of existing regulations,
the service history of airplanes subject to those regulations, and
existing maintenance practices for fuel tank systems. As a result of
those findings, we issued a regulation titled ``Transport Airplane Fuel
Tank System Design Review, Flammability Reduction and Maintenance and
Inspection Requirements'' (66 FR 23086, May 7, 2001). In addition to
new airworthiness standards for transport airplanes and new maintenance
requirements, this rule included Special Federal Aviation Regulation
No. 88 (``SFAR 88,'' Amendment 21-78, and subsequent Amendments 21-82
and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: Single failures, single failures in
combination with a latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken that may mitigate the need for
further action.
    We have determined that the actions identified in this AD are
necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.

Relevant Service Information

    EMBRAER has issued Sections A2.5.2, Fuel System Limitation Items,
and A2.4, Critical Design Configuration Control Limitations (CDCCL), of
Appendix 2 of the Embraer Legacy BJ Maintenance Planning Guide (MPG)
MPG-1483, Revision 5, dated March 22, 2007. 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.

Explanation of Compliance Time

    In most ADs, we adopt a compliance time allowing a specified amount
of time after the AD's effective date. In this case, however, the FAA
has already issued regulations that require operators to revise their
maintenance/inspection programs to address fuel tank safety issues. The
compliance date for these regulations is December 16, 2008. To provide
for coordinated implementation of these regulations and this proposed
AD, we are using this same compliance date in this proposed AD.

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 37 products of U.S. registry. We also estimate that
it would take about 1 work-hour per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $2,960, or $80 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, 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:

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2008-0194; Directorate Identifier 2007-NM-263-AD.

Comments Due Date

    (a) We must receive comments by March 24, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Embraer Model EMB-135BJ airplanes,
certificated in any category.

    Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (g) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

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

    Fuel system reassessment, performed according to RBHA-E88/SFAR-
88 (Regulamento Brasileiro de Homologacao Aeronautica 88/Special
Federal Aviation Regulation No. 88), requires the inclusion of new
maintenance tasks in the Critical Design Configuration Control
Limitations (CDCCL) and in the Fuel System Limitations (FSL),
necessary to preclude ignition sources in the fuel system. * * *

The corrective action is revising the Airworthiness Limitations
Section (ALS) of the Instructions for Continued Airworthiness (ICA)
to incorporate new limitations for fuel tank systems.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) The term ``MPG,'' as used in this AD, means the Embraer
Legacy BJ Maintenance Planning Guide (MPG) MPG-1483, Revision 5,
dated March 22, 2007.
    (2) Before December 16, 2008, revise the ALS of the ICA to
incorporate Section A2.5.2, Fuel System Limitation Items, of
Appendix 2 of the MPG. For all tasks identified in Section A2.5.2 of
Appendix 2 of the MPG, the initial compliance times start from the
later of the times specified in paragraphs (f)(2)(i) and (f)(2)(ii)
of this AD; and the repetitive inspections must be accomplished
thereafter at the interval specified in Section A2.5.2 of Appendix 2
of the MPG, except as provided by paragraphs (f)(4) and (g) of this
AD.
    (i) The effective date of this AD.
    (ii) The date of issuance of the original Brazilian standard
airworthiness certificate or the date of issuance of the original
Brazilian export certificate of airworthiness.
    (3) Before December 16, 2008, or within 90 days after the
effective date of this AD, whichever occurs first, revise the ALS of
the ICA to incorporate items 1, 2, and 3 of Section A2.4, Critical
Design Configuration Control Limitation (CDCCL), of Appendix 2 of
the MPG.
    (4) After accomplishing the actions specified in paragraphs
(f)(2) and (f)(3) of this AD, no alternative inspections, inspection
intervals, or CDCCLs may be used unless the inspections, intervals,
or CDCCLs are part of a later revision of Appendix 2 of the MPG that
is approved by the Manager, ANM-116, FAA, or ANAC (or its delegated
agent); or unless the inspections, intervals, or CDCCLs are approved
as an alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (g) of this AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information
as follows: The MCAI specifies a compliance date of ``Before
December 31, 2008'' for doing the ALI revisions. We have already
issued regulations that require operators to revise their
maintenance/inspection programs to address fuel tank safety issues.
The compliance date for these regulations is December 16, 2008. To
provide for coordinated implementation of these regulations and this
AD, we are using this same compliance date in this AD. We also
included a compliance time of ``within 90 days after the effective
date of this AD'' in paragraph (f)(3) of this AD, rather than
``within 180 days after the effective date of this AD,'' as
specified by the MCAI. We have coordinated these compliance times
with ANAC.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1405; fax<PHONE_NUMBER>. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (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, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Brazilian Airworthiness Directive 2007-08-01,
effective September 27, 2007; and Sections A2.5.2, Fuel System
Limitation Items, and A2.4, Critical Design Configuration Control
Limitation (CDCCL), of Appendix 2 of the MPG; for related
information.

    Issued in Renton, Washington, on February 13, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E8-3191 Filed 2-20-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 188 (Wednesday, September 28, 2011)]
[Proposed Rules]
[Pages 59952-59953]
[FR Doc No: 2011-24779]

=======================================================================
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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1904

[Docket No. OSHA-2010-0019]
RIN 1218-AC50

Occupational Injury and Illness Recording and Reporting
Requirements--NAICS Update and Reporting Revisions

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Proposed rule; Notice of reopening of rulemaking record.

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

SUMMARY: OSHA is reopening the rulemaking record to allow interested
persons to comment on OSHA's proposal to update Appendix A to Subpart B
of its Injury and Illness Recording and Reporting regulation and the
proposed requirement to report to OSHA, within eight hours, all work-
related fatalities and all work-related in-patient hospitalizations;
and within 24 hours, all work-related amputations. The docket is being
reopened in response to a request made by the National Automobile
Dealers Association. The record will remain open for 30 days.

DATES: Written comments: Comments must be submitted by October 28,
2011.

ADDRESSES:
    Written comments: You may submit comments, identified by docket
number OSHA-2010-0019, or regulatory information number (RIN) 1218-
AC50, by any of the following methods:
    Electronically: You may submit comments electronically at http://www.regulations.gov, which is the Federal e-rulemaking portal. Follow
the instructions on the Web site for making electronic submissions;
    Fax: If your submission, including attachments, does not exceed 10
pages, you may fax it to the OSHA docket office at<PHONE_NUMBER>; or
    Mail, hand delivery, express mail, messenger, or courier service:
You must submit three copies of your comments and attachments to the
OSHA Docket Office, Docket Number OSHA-2010-0019, U.S. Department of
Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210;
telephone<PHONE_NUMBER> (OSHA's TTY number is<PHONE_NUMBER>).
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and docket office's normal
business hours, 8:15 a.m.-4:45 p.m.
    Instructions for submitting comments: All submissions must include
the docket number (Docket No. OSHA-2010-0019) or the RIN (RIN 1218-
AC50) for this rulemaking. Because of security-related procedures,
submission by regular mail may result in significant delay. Please
contact the OSHA docket office for information about security
procedures for making submissions by hand delivery, express delivery,
and messenger or courier service.
    All comments, including any personal information you provide, are
placed in the public docket without change and may be made available
online at http://www.regulations.gov. Therefore, OSHA cautions you
about submitting personal information such as social security numbers
and birthdates.
    Docket: To read or download submissions in response to this Federal
Register notice, go to docket number OSHA-2010-0019, at http://regulations.gov. All submissions are listed in the http://regulations.gov index, however, some information (e.g., copyrighted
material) is not publicly available to read or download through that
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA docket office.
    Electronic copies of this Federal Register document are available
at  http://www.regulations.gov. This document, as well as news releases
and other relevant information, is available at OSHA's Web site at
http://www.osha.gov.

FOR FURTHER INFORMATION CONTACT:

For press inquiries: Mr. Frank Meilinger, OSHA Office of
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone<PHONE_NUMBER>.
For general and technical information on the proposed rule: Mr. David
Schmidt, OSHA Office of Statistical Analysis, Room N-3641, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: OSHA's current regulation at Section 1904.2
partially exempts certain lower-hazard industries classified in
Standard Industrial Classification (SIC) codes 52 through 89 from
injury and illness recordkeeping requirements. Lower hazard industries
are those industries with an average Days Away, Restricted, or
Transferred (DART) rate at or below 75 percent of the national average
DART rate. The DART rate represents the total non-fatal injuries and
illnesses resulting in days away from work, restricted work activity,
and/or job transfer per 100 full-time employees for a given period of
time (usually 1 year). The current list of partially exempt industries,
which is included in Appendix A to Subpart B, is based on injury and
illness data compiled by the Bureau of Labor Statistics (BLS) for 1997,
1998 and 1999.
    OSHA is proposing to revise the list of partially exempt industries
in Appendix A using the North American Industry Classification System
(NAICS). The revised list in proposed Appendix A is based on DART rates
compiled by BLS for 2007, 2008 and 2009. Industries listed in proposed
Appendix A would still be required to keep records if requested to do
so by BLS in connection with its Annual Survey (29 CFR 1904.42), or by
OSHA in connection

with its Data Initiative (29 CFR 1904.41).
    OSHA is also proposing to revise Section 1904.39, which currently
requires an employer to report to OSHA, within eight hours, all work-
related fatalities and in-patient hospitalizations of three or more
employees. The proposed rule would require an employer to report to
OSHA, within eight hours, all work-related fatalities and all work-
related in-patient hospitalizations; and within 24 hours, all work-
related amputations.
    This regulation was developed in accordance with the principles of
Executive Order 12866 and Executive Order 13563. Executive Order 12866
requires that OSHA estimate the benefits, costs, and net benefits of
proposed regulations. The Agency estimates the regulation will cost
approximately $8.5 million, on an annualized basis. As discussed
elsewhere in this preamble, the Agency believes the annual benefits,
while unquantified, are significantly in excess of the annual costs.

Background

    On June 22, 2011 OSHA proposed to update Appendix A to Subpart B of
its Injury and Illness Recording and Reporting regulation. See 76 FR
36414. The Notice of Proposed Rulemaking (NPRM) also contained a
proposed requirement to report to OSHA, within eight hours, all work-
related fatalities and all work-related in-patient hospitalizations;
and within 24 hours, all work-related amputations. The comment period
for the NPRM ran through September 20, 2011. On September 16, 2011 OSHA
received a request to extend the comment period through October 20,
2011. The National Automobile Dealers Association requested this
extension to provide them more time to evaluate the Bureau of Labor
Statistics injury and illness data used for the proposed industry
exemption analysis. OSHA has agreed to this request. The docket is
being reopened for comment for an additional 30 days.

Public Submissions

    OSHA invites comment on all aspects of the proposed rule. OSHA
specifically encourages comment on the questions raised in the issues
and potential alternatives sections of this preamble. Interested
persons must submit comments by October 28, 2011. The Agency will
carefully review and evaluate all comments, information, and data, as
well as all other information in the rulemaking record, to determine
how to proceed.
    You may submit comments in response to this document (1)
electronically at http://www.regulations.gov, which is the Federal e-
rulemaking portal; (2) by fax; or (3) by hard copy. All submissions
must identify the Agency name and the OSHA docket number (Docket No.
OSHA-2010-0019) or RIN (RIN No. 1218-AC50) for this rulemaking. You may
supplement electronic submissions by uploading document files
electronically. If, instead, you wish to mail additional materials in
reference to an electronic or fax submission, you must submit three
copies to the OSHA docket office (see ADDRESSES section). The
additional materials must clearly identify your electronic comments by
name, date, and docket number, so OSHA can attach them to your
comments.
    Because of security-related procedures, the use of regular mail may
cause a significant delay in the receipt of submissions. For
information about security procedures concerning the delivery of
materials by hand, express delivery, messenger or courier service,
please contact the OSHA docket office at<PHONE_NUMBER> (TTY (877) 889-
5627).

Access to Docket

    Comments in response to this Federal Register notice are posted at
http://www.regulations.gov, the Federal e-rulemaking portal. Therefore,
OSHA cautions individuals about submitting personal information such as
social security numbers and birthdates. Although submissions are listed
in the http://www.regulations.gov index, some information (e.g.,
copyrighted material) is not publicly available to read or download
through that Web site. All comments and exhibits, including copyrighted
material, are available for inspection and copying at the OSHA docket
office. Information on using http://www.regulations.gov to submit
comments and access dockets is available on that Web site. Contact the
OSHA docket office for information about materials not available
through the Web site and for assistance in using the Internet to locate
docket submissions.
    Electronic copies of this Federal Register document are available
at http://www.regulations.gov. This document, as well as news releases
and other relevant information, also are available at OSHA's Web page
at http://www.osha.gov. For specific information about OSHA's
Recordkeeping rule, go the Recordkeeping page on OSHA's Web page.

Authority and Signature

    This document was prepared under the direction of Dr. David
Michaels, Assistant Secretary of Labor for Occupational Safety and
Health. It is issued under Sections 8 and 24 of the Occupational Safety
and Health Act (29 U.S.C. 657, 673), 5 U.S.C. 553, and Secretary of
Labor's Order 4-2010 (75 FR 55355, 9/10/2010).

    Signed at Washington, DC, on September 22, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-24779 Filed 9-27-11; 8:45 am]
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[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Notices]
[Pages 61206-61207]
[FR Doc No: 2021-24231]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2221-041]

Empire District Electric Company; Notice of Material Amendment of
License Application, Soliciting Comments and Associated Study Requests,
and Establishing The Deadline for Submission of Final Amendments

    On February 28, 2020, Empire District Electric Company (Empire
District) filed, pursuant to sections 4(e) and 15 of the Federal Power
Act, an application for a new major license to continue operating the
Ozark Beach Hydroelectric Project No. 2221 (Ozark Beach Project)
located on the White River in Taney County, Missouri. On March 10,
2020, the Commission issued a Notice of Application Tendered for Filing
with the Commission and Establishing Procedural Schedule for Licensing
and Deadline for Submission of Final Amendments. On August 28, 2020,
Empire District filed an amendment to the license application.
    The Ozark Beach Project currently occupies 5.1 acres of federal
land administered by the U.S. Army Corps of Engineers (Corps) and is
situated between two multipurpose projects owned by the Corps. The
Corps' Table Rock Project, which is located approximately 22 miles
upstream of the Ozark Beach Project, is operated in a peaking mode
based on regional electrical demand requirements. The Ozark Beach
Project discharges directly into the Corps' Bull Shoals Project
reservoir, which is located immediately downstream.
    The project currently consists of the following existing
facilities: (1) A 2,224-acre reservoir (Lake Taneycomo) with a gross
storage capacity of 21,800 acre-feet and a usable storage capacity of
6,500 acre-feet at a water surface elevation of 701.35 feet National
Geodetic Vertical Datum of 1929 (NGVD29); (2) a 1,301-foot-long dam
consisting of, from west to east: (a) A 420-foot-long earth fill
embankment with a concrete core wall, (b) an 18-foot-long concrete
overflow spillway topped with a sharp-crested steel weir having a
compound section, (c) a 575-foot-long, 53-foot-high, concrete overflow
spillway topped with 32 4-foot-high Obermeyer gates, (d) an 18-foot-
long concrete non-overflow section, (e) an integral 220-foot-long
reinforced concrete powerhouse, and (f) a 50-foot-long concrete non-
overflow section; (3) a 220-foot-long, 88-foot-wide, 92-foot-high
reinforced concrete

integral powerhouse with an operating head of 50 feet; (4) trash racks
at the entrance to the intakes; (5) four 7,500 horsepower (5.625
megawatt (MW)) vertical-shaft Francis-type turbines with a total
capacity of 30,000 horsepower (22.500 MW), each coupled to a 4.0 MW
generator with a total installed capacity of 16.0 MW; (6) a 445-foot-
long, 4,600-volt overhead transmission line connected to a three-phase,
4,600 to 161,000 volt step-up transformer with a rating of 22,400-
kilovolt ampere that connects to Empire District's 161,000-volt
transmission system; and (7) appurtenant facilities.
    Using the storage in Lake Taneycomo, the Ozark Beach Project is
currently operated based on various conditions including closely
matching the releases of the Corps' upstream Table Rock Project, market
pricing, Lake Taneycomo water level, the water level of the Corps'
downstream Bull Shoals Project, and rainfall. The project currently
operates to maintain water surface elevations between 701.35 and 700.00
feet NGVD29 in Lake Taneycomo. The Ozark Beach Project currently has an
estimated annual energy production of about 50,768 megawatt-hours.
    In its amended license application, Empire District proposes to
replace the existing 4-foot-high Obermeyer gates with new 6-foot-high
Obermeyer gates. As proposed, the water surface elevation of Lake
Taneycomo would be raised from 701.35 to 703.35 feet NGVD29 when the 6-
foot gates are fully raised. At a water surface elevation of 703.35
feet NGVD29, Lake Taneycomo would increase from 2,224 to 2,523 acres,
its gross storage capacity would increase from 21,800 to 24,100 acre-
feet, and its usable storage capacity would increase from 6,500 to
8,800 acre-feet. As amended, the project would operate between 703.35
and 700 feet NGVD29, the total generating capacity would remain 16.0
MW, and the estimated annual energy production would remain about
50,768 megawatt-hours.
    The current project boundary for the project encompasses
approximately 8,271 acres of water and land. Empire District proposes
to modify the current project boundary by removing 5,728 acres for a
proposed project boundary that encompasses 2,543 acres. Empire
District's proposal would reduce the existing area of federal land
occupied by the project from 5.1 acres to 0.64 acre.
    Pursuant to 18 CFR 4.35(f)(1)(ii)(A), the license application as
amended constitutes a material amendment. This application is not ready
for environmental analysis at this time. With this notice, we are
soliciting comments on Empire District's amended application as well as
study requests. The deadline for filing comments and study requests is
60 days from the issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file
comments and study requests using the Commission's eFiling system at
https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the Comment system at https://ferconline.ferc.gov/QuickComment.aspx. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at [email protected],<PHONE_NUMBER> (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, you may submit a
paper copy. Submissions sent via the U.S. Postal Service must be
addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The first page of any filing should
include docket number P-2221-041.
    In addition to publishing the full text of this notice in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this notice, as well
as other documents in the proceeding, via the internet through the
Commission's Home Page (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 (P-2221). At this time, the
Commission has suspended access to the Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact FERC at
[email protected] or call toll-free,<PHONE_NUMBER> or (202)
502-8659 (TTY).
    You may also register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    Applicant Contact: Randy Richardson, Plant Manager--Energy Center/
Ozark Beach, Empire District Electric Company, 2537 Fir Road, Sarcoxie,
MO 64862,<PHONE_NUMBER> or [email protected].
    FERC Contact: Colleen Corballis at<PHONE_NUMBER> or email at
[email protected].
    The Council on Environmental Quality (CEQ) issued a final rule on
July 15, 2020, revising the regulations under 40 CFR parts 1500-1518
that federal agencies use to implement NEPA (see Update to the
Regulations Implementing the Procedural Provisions of the National
Environmental Policy Act, 85 FR 43,304). The Final Rule became
effective on and applies to any NEPA process begun after September 14,
2020. An agency may also apply the regulations to ongoing activities
and environmental documents begun before September 14, 2020, which
includes the proposed Ozark Beach Project. Commission staff intends to
conduct its NEPA review in accordance with CEQ's new regulations.
    Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: November 1, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-24231 Filed 11-4-21; 8:45 am]
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