[Federal Register Volume 84, Number 88 (Tuesday, May 7, 2019)]
[Notices]
[Pages 19921-19923]
[FR Doc No: 2019-09297]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC19-22-000]

Commission Information Collection Activities; (FERC Form Nos. 1,
1-F, and 3-Q); Comment Request; Extensions

AGENCY:  Federal Energy Regulatory Commission, DOE.

ACTION:  Notice of information collections and request for comments.

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SUMMARY:  In compliance with the requirements of the Paperwork
Reduction Act of 1995 (PRA), the Federal Energy Regulatory Commission
(Commission or FERC) is soliciting public comment on the currently
approved information collections, FERC Form Nos. 1 (Annual Report of
Major Electric Utilities, Licensees, and Others), 1-F (Annual Report
for Nonmajor Public Utilities and Licensees), and 3-Q (Quarterly
Financial Report of Electric Utilities, Licensees, and Natural Gas
Companies).

DATES:  Comments on the collections of information are due July 8,
2019.

ADDRESSES:  You may submit comments (identified by Docket No. IC19-22-
000) by either of the following methods:
     eFiling at Commission's Website: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance, contact FERC Online Support
by email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading

comments and issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT:  Ellen Brown may be reached by email
at<EMAIL_ADDRESS>telephone at<PHONE_NUMBER>, and fax at
(202) 273-0873.

SUPPLEMENTARY INFORMATION:
    Type of Request: Three-year extensions of the FERC Form Nos. 1, 1-
F, and 3-Q with no changes to the current reporting requirements.\1\
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    \1\ FERC Form Nos. 1, 1-F, and 3-Q (electric and natural gas)
are part of the ``Forms Refresh'' effort, which is a separate
activity and not addressed here. See Revisions to the Filing Process
for Commission Forms, 166 FERC ] 61,027 (2019) (started in Docket
No. AD15-11 and ongoing in Docket No. RM19-12). (OMB issued its
decisions on the proposed changes in the Forms Refresh Notice of
Proposed Rulemaking in Docket No. RM19-12 on March 14, 2019.)
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FERC Form No. 1, Annual Report of Major Electric Utilities, Licensees,
and Others

    OMB Control No.: 1902-0021.
    Abstract: The FERC Form No. 1 is a comprehensive financial and
operating report submitted annually for electric rate regulation,
market oversight analysis, and financial audits by Major electric
utilities, licensees and others. Major is defined as having in each of
the last three consecutive calendar years, sales or transmission
services that exceed one of the following: (1) One million megawatt-
hours of total sales; (2) 100 megawatt-hours of sales for resale; (3)
500 megawatt-hours of power exchanges delivered; or (4) 500 megawatt-
hours of wheeling for others (deliveries plus losses).\2\
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    \2\ As detailed in 18 CFR 101 (Uniform System of Accounts
Prescribed for Public Utilities and Licensees Subject to the
Provision of the Federal Power Act, General Instructions) and 18 CFR
141.1.
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    The FERC Form No.1 is designed to collect financial and operational
information and is made available to the public. The FERC Form No.1
includes a basic set of financial statements:
     Comparative Balance Sheet,
     Statement of Income,
     Statement of Retained Earnings,
     Statement of Cash Flows,
     Statements of Accumulated Comprehensive Income,
     Comprehensive Income, and Hedging Activities, and
     Notes to Financial Statements.
    Supporting schedules contain:
     Supplementary information and outlines of corporate
structure and governance,
     Information on formula rates, and
     Description of important changes during the year.
    Other schedules provide:
     Information on revenues and the related quantities of
electric sales and electricity transmitted,
     Account balances for all electric operation and
maintenance expenses,
     Selected plant cost data, and
     Other statistical information.
    Type of Respondent: Major electric utilities
    Estimate of Annual Burden 3: The Commission estimates
the annual burden and cost \4\ for FERC Form No. 1 as follows:
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    \3\ Burden is defined as the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. For
further explanation of what is included in the information
collection burden, refer to Title 5 Code of Federal Regulations
1320.3.
    \4\ The Commission staff believes the FERC FTE (full-time
equivalent) average cost for wages plus benefits is representative
of the corresponding cost for the industry respondents. The FERC
2018 average salary plus benefits for one FERC FTE is $164,820/year
(or $79.00/hour).

                                                                     FERC Form No. 1
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                           Number of                                                                                Cost per
Number of  respondents   responses per   Total number    Average burden hours and  average cost    Total annual burden hours and total      respondent
                          respondent     of responses              per response  ($)                         annual cost  ($)                   ($)
(1)                                (2)     (1) x (2) =  (4)....................................  (3) x (4) = (5)........................     (5) / (1) =
                                                   (3)                                                                                (6)
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207...................               1             207  1,168 hrs.; $92,272....................  241,776 hrs.; $19,100,304..............         $92,272
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FERC Form No. 1-F, Annual Report for Nonmajor Public Utilities and
Licensees

    OMB Control No.: 1902-0029.
    Abstract: The FERC Form No. 1-F is a financial and operating report
submitted annually for electric rate regulation, market oversight
analysis, and financial audits by Nonmajor electric utilities and
licensees. Nonmajor is defined as utilities and licensees that are not
classified as Major, and having total sales in each of the last three
consecutive years of 10,000 megawatt-hours or more.\5\
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    \5\ As detailed in 18 CFR 101 (Uniform System of Accounts
Prescribed for Public Utilities and Licensees Subject to the
Provision of the Federal Power Act, General Instructions) and 18 CFR
141.2.
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    The FERC Form No.1-F is designed to collect financial and
operational information and is made available to the public. The FERC
Form No.1-F includes a basic set of financial statements:
     Comparative Balance Sheet,
     Statement of Retained Earnings,
     Statement of Cash Flows,
     Statement of Comprehensive Income and Hedging Activities,
and
     Notes to Financial Statements.
    Supporting schedules contain:
     Supplementary information and include revenues and the
related quantities of electric sales and electricity transmitted,
     Account balances for all electric operation and
maintenance expenses,
     Selected plant cost data; and
     Other statistical information.
    Type of Respondent: Nonmajor electric utilities
    Estimate of Annual Burden: The estimated annual burden and cost
follow. (The estimated hourly cost used for the FERC Form No. 1-F is
$79 (for wages plus benefits) and is described above, under the FERC
Form No. 1.):

                                                                    FERC Form No. 1-F
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                         Annual number
                         of responses    Total number      Average burden hours and cost per       Total annual burden hours and total       Cost per
Number of  respondents        per        of responses                   response                             annual cost  ($)               respondent
                          respondent                                                                                ($)
(1)                                (2)     (1) * (2) =  (4)....................................  (3) * (4) = (5)........................       (5) / (1)
                                                   (3)
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5.....................               1               5  122 hrs.; $9,638.......................  610 hrs.; $48,190......................          $9,638
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FERC Form No. 3-Q, Quarterly Financial Report of Electric Utilities,
Licensees, and Natural Gas Companies

    OMB Control No.: 1902-0205.
    Abstract: The FERC Form No. 3-Q is a quarterly financial and
operating report for rate regulation, market oversight analysis, and
financial audits which supplements the (a) FERC Form Nos. 1 and 1-F,
for the electric industry, or the (b) FERC Form No. 2 (Annual Report
for Major Natural Gas Companies; OMB Control No. 1902-0028) and FERC
Form No. 2-A (Annual Report for Nonmajor Natural Gas Companies; OMB
Control No. 1902-0030), for the natural gas industry. The FERC Form No.
3-Q is submitted for all Major and Nonmajor electric utilities,
licensees, and natural gas companies.\6\
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    \6\ 18 CFR 260.1(b) states that for natural gas companies as
defined by the Natural Gas Act, Major pertains to a company whose
combined gas transported or stored for a fee exceed 50 million Dth
in each of the three previous calendar years. 18 CFR 260.2(b) states
that for natural gas companies as defined by the Natural Gas Act,
Non-Major pertains to a company not meeting the filing threshold for
FERC Form No. 2, but having total gas sales or volume transactions
exceeding 200,000 Dth in each of the three previous calendar years.
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    FERC Form No. 3-Q includes a basic set of financial statements:
     Comparative Balance Sheet,
     Statement of Income and Statement of Retained Earnings,
     Statement of Cash Flows,
     Statement of Comprehensive Income and Hedging Activities,
and
     Supporting schedules containing supplementary information.
    Electric respondents report:
     Revenues and the related quantities of electric sales and
electricity transmitted,
     Account balances for all electric operation and
maintenance expenses,
     Selected plant cost data; and
     Other statistical information.
    Natural gas respondents include:
     Monthly and quarterly quantities of gas transported and
associated revenues,
     Storage, terminaling and processing services,
     Natural gas customer accounts and details of service, and
     Operational expenses, depreciation, depletion and
amortization of gas plant.
    Type of Respondent: Major and nonmajor electric utilities,
licensees, and natural gas companies.
    Estimate of Annual Burden: The estimated annual burden and cost (as
rounded) follow. (The estimated hourly cost used for the FERC Form No.
3-Q is $79 (for wages plus benefits) and is described above, under the
FERC Form No. 1.):

                                                                                FERC Form No. 3-Q
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                                                     Annual  number
                                         Number of     of responses   Total  number       Average burden  hours and cost  per      Total annual  burden hours  and total  annual   Annual  cost
                                        respondents        per        of  responses                     response                                        cost                            per
                                                       respondent                                                                                respondent ($)
                                                (1)             (2)  (1) * (2) = (3)  (4)........................................  (3) * (4) = (5)..............................       (5) / (1)
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FERC 3-Q (electric)...................          212               3              636  168 hrs.; $13,272..........................  106,848 hrs.; $8,440,992.....................         $39,816
FERC 3-Q (natural gas)................          165               3              495  167 hrs.; $13,193..........................  82,665 hrs.; $6,530,535......................         $39,579
                                       ---------------------------------------------------------------------------------------------------------------------------------------------------------
    Total for FERC 3-Q................  ...........  ..............            1,131  ...........................................  189,513 hrs.; $14,971,527....................  ..............
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    Comments: Comments are invited on: (1) Whether the collections of
information are necessary for the proper performance of the functions
of the Commission, including whether the information will have
practical utility; (2) the accuracy of the agency's estimates of the
burden and cost of the collections of information, including the
validity of the methodology and assumptions used; (3) ways to enhance
the quality, utility and clarity of the information collections; and
(4) ways to minimize the burden of the collections of information on
those who are to respond, including the use of automated collection
techniques or other forms of information technology.

    Dated: April 30, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-09297 Filed 5-6-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 17, 2006 (Volume 71, Number 52)]
[Rules and Regulations]
[Page 13773-13775]
[DOCID:fr17mr06-12]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7915]

Suspension of Community Eligibility

AGENCY: Mitigation Division, Federal Emergency Management Agency
(FEMA), Department of Homeland Security.

ACTION: Final rule.

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SUMMARY: This rule identifies communities, where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP), that are scheduled for suspension on the effective
dates listed within this rule because of noncompliance with the
floodplain management requirements of the program. If FEMA receives
documentation that the community has adopted the required floodplain
management measures prior to the effective suspension date given in
this rule, the suspension will not occur and a notice of this will be
provided by publication in the Federal Register on a subsequent date.

DATES: Effective Dates: The effective date of each community's
scheduled suspension is the third date (``Susp.'') listed in the third
column of the following tables.

ADDRESSES: If you want to determine whether a particular community was
suspended on the suspension date, contact the appropriate FEMA Regional
Office or the NFIP servicing contractor.

FOR FURTHER INFORMATION CONTACT: William H. Lesser, Mitigation
Division, 500 C Street, SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
flood insurance which is generally not otherwise available. In return,
communities agree to adopt and administer local floodplain management
aimed at protecting lives and new construction from future flooding.
Section 1315 of the National Flood Insurance Act of 1968, as amended,
42 U.S.C. 4022, prohibits flood insurance coverage as authorized under
the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body
adopts adequate floodplain management measures with effective
enforcement measures. The communities listed in this document no longer
meet that statutory requirement for compliance with program
regulations, 44 CFR part 59 et seq. Accordingly, the communities will
be suspended on the effective date in the third column. As of that
date, flood insurance will no longer be available in the community.
However, some of these communities may adopt and submit the required
documentation of legally enforceable floodplain management measures
after this rule is published but prior to the actual suspension date.
These communities will not be suspended and will continue their
eligibility for the sale of insurance. A notice withdrawing the
suspension of the communities will be published in the Federal
Register.
    In addition, FEMA has identified the Special Flood Hazard Areas
(SFHAs) in these communities by publishing a Flood Insurance Rate Map
(FIRM). The date of the FIRM, if one has been published, is indicated
in the fourth column of the table. No direct Federal financial
assistance (except assistance pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act not in connection with a
flood) may legally be provided for construction or acquisition of
buildings in identified SFHAs for communities not participating in the
NFIP and identified for more than a year, on FEMA's initial flood
insurance map of the community as having flood-prone areas (section
202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a),
as amended). This prohibition against certain types of Federal
assistance becomes effective for the communities listed on the date
shown in the last column. The Administrator finds that notice and
public comment under 5 U.S.C. 553(b) are impracticable and unnecessary
because communities listed in this final rule have been adequately
notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR Part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance coverage unless an appropriate
public body adopts adequate floodplain management measures with
effective enforcement measures. The communities listed no longer comply
with the statutory requirements, and after the effective date, flood
insurance will no longer be available in the communities unless
remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of

Executive Order 12866 of September 30, 1993, Regulatory Planning and
Review, 58 FR 51735.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

0
Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for part 64 is revised to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.

Sec.  64.6  [Amended]

0
The tables published under the authority of Sec.  64.6 are amended as
follows:

----------------------------------------------------------------------------------------------------------------
                                                 Effective date
                                                 authorization/
                                   Community    cancellation of    Current effective map   Date certain Federal
       State and location             No.        sale of flood             date            assistance no longer
                                                  insurance in                              available in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
            Region V

Minnesota:
    Boyd, City of, Lac Qui             270240  April 4, 1975,     Mar. 16, 2006.........  Mar. 16, 2006.
     Parle County.                              Emerg; May 25,
                                                1984, Reg; March
                                                16, 2006, Susp.
    Dawson, City of, Lac Qui           270241  May 15, 1974,      ......do*.............   Do.
     Parle County.                              Emerg; January
                                                16, 1980, Reg;
                                                March 16, 2006,
                                                Susp.
    Lac Qui Parle,                     270239  July 3, 1974,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; June 4,
                                                1980, Reg; March
                                                16, 2006, Susp.
    Ohio: Batavia, Village of,         390066  March 3, 1976,     ......do..............   Do.
     Clermont County.                           Emerg; February
                                                4, 1981, Reg;
                                                March 16, 2006,
                                                Susp.
    Clermont County,                   390065  April 14, 1976,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; April 15,
                                                1981, Reg; March
                                                16, 2006, Susp.
    Milford, City of, Clermont         390227  April 15, 1975,    ......do..............   Do.
     County.                                    Emerg; January
                                                16, 1981, Reg;
                                                March 16, 2006,
                                                Susp.
    Neville, Village of,               390641  March 6, 1974,     ......do..............   Do.
     Clermont County.                           Emerg; September
                                                29, 1978, Reg;
                                                March 16, 2006,
                                                Susp.
    South Point, Village of,           390630  February 9, 1976,  ......do..............   Do.
     Lawrence County.                           Emerg; May 2,
                                                1983, Reg; March
                                                16, 2006, Susp.

           Region VII

Missouri:
    Airport Drive, Village of,         290761  June 9, 1999,      ......do..............   Do.
     Jasper County.                             Emerg; March 4,
                                                2002, Reg; March
                                                16, 2006, Susp.
    Baldwin Park, Village of,          290880  July 19, 1979,     ......do..............   Do.
     Cass County.                               Emerg; August 5,
                                                1985, Reg;
                                                March, 16, 2006,
                                                Susp.
    Belton, City of, Cass              290062  September 3,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                September 5,
                                                1979, Reg; March
                                                16, 2006, Susp.
    Carl Junction, City of,            290179  October 28, 1975,  ......do..............   Do.
     Jasper County.                             Emerg; June 1,
                                                1982, Reg; March
                                                16, 2006, Susp.
    Carterville, City of,              290180  January 17, 1977,  ......do..............   Do.
     Jasper County.                             Emerg; July 16,
                                                1984, Reg; March
                                                16, 2006, Susp.
    Carthage, City of, Jasper          290181  July 21, 1975,     ......do..............   Do.
     County.                                    Emerg; June 15,
                                                1983, Reg; March
                                                16, 2006, Susp.
    Cass County, Unincorporated        290783  April 21, 1975,    ......do..............   Do.
     Areas.                                     Emerg; April 15,
                                                1982, Reg; March
                                                16, 2006, Susp.
    Creighton, City of, Cass           290063  August 3, 1979,    ......do..............   Do.
     County.                                    Emerg; June 30,
                                                1980, Reg; March
                                                16, 2006, Susp.
    Drexel, City of, Cass              290064  June 23, 1975,     ......do..............   Do.
     County.                                    Emerg; April 8,
                                                1977, Reg; March
                                                16, 2006, Susp.
    Duenweg, City of, Jasper           290182  April 1, 2004,     ......do..............   Do.
     County.                                    Emerg; April 1,
                                                2004, Reg; March
                                                16, 2006, Susp.
    East Lynne, City of, Cass          290065  August 11, 1975,   ......do..............   Do.
     County.                                    Emerg; March 25,
                                                1980, Reg; March
                                                16, 2006, Susp.
    Freeman, City of, Cass             290066  December 15,       ......do..............   Do.
     County.                                    1976, Emerg; May
                                                1, 1980, Reg;
                                                March 16, 2006,
                                                Susp.
    Garden City, City of, Cass         290067  July 15, 1975,     ......do..............   Do.
     County.                                    Emerg; April 8,
                                                1977, Reg; March
                                                16, 2006, Susp.
    Joplin, City of, Jasper            290183  October 8, 1971,   ......do..............   Do.
     County.                                    Emerg; December
                                                8, 1976, Reg;
                                                March 16, 2006,
                                                Susp.
    Lake Annette, City of, Cass        290953  June 25, 2004,     ......do..............   Do.
     County.                                    Emerg; June 25,
                                                2004, Reg; March
                                                16, 2006, Susp.
    Oronogo, City of, Jasper           290185  May 6, 1975,       ......do..............   Do.
     County.                                    Emerg; March 4,
                                                1985, Reg; March
                                                16, 2006, Susp.
    Peculiar, City of, Cass            290878  April 19, 1979,    ......do..............   Do.
     County.                                    Emerg; September
                                                10, 1984, Reg;
                                                March 16, 2006,
                                                Susp.
    Pleasant Hill, City of,            295269  April 30, 1971,    ......do..............   Do.
     Cass County.                               Emerg; September
                                                15, 1972, Reg;
                                                March 16, 2006,
                                                Susp.
    Purcell, City of, Jasper           290539  September 3,       ......do..............   Do.
     County.                                    1975, Emerg;
                                                September 10,
                                                1984, Reg; March
                                                16, 2006, Susp.

    Raymore, City of, Cass             290070  February 4, 1976,  ......do..............   Do.
     County.                                    Emerg; May 15,
                                                1986, Reg; March
                                                16, 2006, Susp.
    Sarcoxie, City of, Jasper          290186  May 29, 1974,      ......do..............   Do.
     County.                                    Emerg; July 16,
                                                1979, Reg; March
                                                16, 2006, Susp.
    Strasburg, City of, Cass           290071  August 5, 1976,    ......do..............   Do.
     County.                                    Emerg; March 18,
                                                1980, Reg; March
                                                16, 2006, Susp.
    Webb City, City of, Jasper         290187  May 19, 1975,      ......do..............   Do.
     County.                                    Emerg; June 1,
                                                1982, Reg; March
                                                16, 2006, Susp.

          Region VIII

Utah:
    Coalville, City of, Summit         490135  July 24, 1975,     ......do..............   Do.
     County.                                    Emerg; January
                                                30, 1984, Reg;
                                                March 16, 2006,
                                                Susp.
    Henefer, Town of, Summit           490136  July 23, 1975,     ......do..............   Do.
     County.                                    Emerg; May 20,
                                                1980, Reg; March
                                                16, 2006, Susp.
    Oakley, Town of, Summit            490138  June 11, 1975,     ......do..............   Do.
     County.                                    Emerg; September
                                                24, 1984, Reg;
                                                March 16, 2006,
                                                Susp.
----------------------------------------------------------------------------------------------------------------
*......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspension.

David I. Maurstad,
Acting Mitigation Division Director, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 06-2592 Filed 3-16-06; 8:45 am]

BILLING CODE 9110-12-P


[Federal Register Volume 86, Number 50 (Wednesday, March 17, 2021)]
[Notices]
[Page 14685]
[FR Doc No: 2021-05597]

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UNIFIED CARRIER REGISTRATION PLAN

Sunshine Act Meeting; Unified Carrier Registration Plan Board
Subcommittee Meeting

TIME AND DATE: March 18, 2021, from Noon to 2:00 p.m., Eastern time.

PLACE: This meeting will be accessible via conference call and via Zoom
Meeting and Screenshare. Any interested person may call (i) 1-929-205-
6099 (US Toll) or 1-669-900-6833 (US Toll) or (ii) 1-877-853-5247 (US
Toll Free) or 1-888-788-0099 (US Toll Free), Meeting ID: 927 8230 1449,
to listen and participate in this meeting. The website to participate
via Zoom Meeting and Screenshare is https://kellen.zoom.us/j/92782301449.

STATUS:  This meeting will be open to the public.

MATTERS TO BE CONSIDERED: The Unified Carrier Registration Plan
Education and Training Subcommittee (the ``Subcommittee'') will
continue its work in developing and implementing the Unified Carrier
Registration Plan and Agreement. The subject matter of this meeting
will include:

Proposed Agenda

I. Call to Order--Subcommittee Chair

    The Subcommittee Chair will welcome attendees, call the meeting to
order, call roll for the Subcommittee, confirm whether a quorum is
present, and facilitate self-introductions.

II. Verification of Publication of Meeting Notice--UCR Executive
Director

    The UCR Executive Director will verify the publication of the
meeting notice on the UCR website and distribution to the UCR contact
list via email followed by the subsequent publication of the notice in
the Federal Register.

III. Review and Approval of Subcommittee Agenda and Setting of Ground
Rules--Subcommittee Chair

For Discussion and Possible Subcommittee Action

    The Subcommittee Agenda will be reviewed, and the Subcommittee will
consider adoption.
Ground Rules
[rtarr8] Subcommittee action only to be taken in designated areas on
agenda

IV. Review and Approval of Minutes From the February 4, 2021 Meeting--
Subcommittee Chair

For Discussion and Possible Subcommittee Action

    Draft minutes from the February 4, 2021 Subcommittee meeting via
teleconference will be reviewed. The Subcommittee will consider action
to approve.

V. Audit Module Development Discussion With the Education and Training
Subcommittee--UCR Operations Director

    The Subcommittee will discuss and provide updates on development of
the Audit Module.

VI. Other Items--Subcommittee Chair

    The Subcommittee Chair will call for any other items the committee
members would like to discuss.

VII. Adjournment--Subcommittee Chair

    The Subcommittee Chair will adjourn the meeting.
    The agenda will be available no later than 5:00 p.m. Eastern time,
March 12, 2021 at: https://plan.ucr.gov.

CONTACT PERSON FOR MORE INFORMATION: Elizabeth Leaman, Chair, Unified
Carrier Registration Plan Board of Directors,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
Alex B. Leath,
Chief Legal Officer, Unified Carrier Registration Plan.
[FR Doc. 2021-05597 Filed 3-15-21; 11:15 am]
BILLING CODE 4910-YL-P


[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Notices]
[Pages 34115-34116]
[FR Doc No: 2021-13462]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0028; Notice 1]

Volvo Group North America, LLC, Receipt of Petition for Decision
of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: Volvo Group North America, LLC (``Volvo''), has determined
that certain Model Year (MY) 2015-2021 Volvo VHA, VHD, VNL, VNM, and
VNR class 8 trucks and truck-tractors do not fully comply with Federal
Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays.
Volvo filed a noncompliance report dated March 5, 2021. Subsequently,
Volvo petitioned NHTSA on March 26, 2021, for a decision that the
subject noncompliance is inconsequential as it relates to motor vehicle
safety. This notice announces receipt of Volvo's petition.

DATES: Send comments on or before July 28, 2021.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
     Hand Delivery: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that the comments you have submitted by mail
were received, please enclose a stamped, self-addressed postcard with
the comments. Note that all comments received will be posted without
change to https://www.regulations.gov, including any personal
information provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the docket. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: Neil Dold, General Engineer, NHTSA,
Office of Vehicle Safety Compliance,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Overview

    Volvo has determined that certain Volvo VHA, VHD, VNL, VNM, and VNR
class 8 trucks and truck-tractors, do not fully comply with the
requirements of paragraph S5.2.8 of FMVSS No. 101, Controls and
Displays (49 CFR 571.101). Volvo filed a noncompliance report dated
March 5, 2021, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. Volvo subsequently petitioned NHTSA on
March 26, 2021, for an exemption from the notification and remedy
requirements of 49 U.S.C. Chapter 301 on the basis that this
noncompliance is inconsequential as it relates to motor vehicle safety,
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556,
Exemption for Inconsequential Defect or Noncompliance. Following
submission of the petition, Volvo supplemented the petition on May 11,
2021.
    This notice of receipt of Volvo's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any Agency decision or
other exercise of judgment concerning the merits of the petition.

II. Trucks and Truck-Tractors Involved

    Approximately 72,239 Volvo VAH, VHD, VNL, VNM, and VNR class 8
trucks and truck-tractors manufactured between December 16, 2014, and
December 21, 2020, are potentially involved.

III. Noncompliance

    Volvo explains that the noncompliance is that the subject vehicles
are equipped with a steering-wheel-mounted automatic vehicle speed
system control switch (cruise control) that is not properly identified
and, therefore, does not comply with paragraph S5.2.8 of FMVSS No. 101.

IV. Rule Requirements

    Paragraph S5.2.8 of FMVSS No. 101 includes the requirements
relevant to this petition. Each control for an automatic vehicle speed
system (cruise control) and each control for heating and air
conditioning systems must have identification provided for each
function of each such system.

V. Summary of Volvo's Petition

    The following views and arguments presented in this section, ``V.
Summary of Volvo's Petition,'' are the views and arguments provided by
Volvo. They have not been evaluated by the Agency and do not reflect
the views of the Agency. Volvo describes the subject noncompliance and
contends that the noncompliance is inconsequential as it relates to
motor vehicle safety.
    In support of its petition, Volvo submitted the following
reasoning:
    1. The cruise on and off button is just to the right of the switch
in question. Considering the proximity of the switch to the cruise
control on-and-off and cancel-and-resume buttons, the switch's function
is self-explanatory.
    2. This type of switch is commonly used for this function.
    3. The function of the switch is explained in the operator's
manual.
    4. There are no warranty claims, consumer complaints, field
reports, property damage or death and injury notices associated with
the subject noncompliance.
    Volvo concludes that the subject noncompliance is inconsequential
as it relates to motor vehicle safety and that its petition to be
exempted from providing notification of the noncompliance, as required
by 49

U.S.C. 30118, and a remedy for the noncompliance, as required by 49
U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject trucks and truck-tractors
that Volvo no longer controlled at the time it determined that the
noncompliance existed. However, any decision on this petition does not
relieve equipment distributors and dealers of the prohibitions on the
sale, offer for sale, or introduction or delivery for introduction into
interstate commerce of the noncompliant trucks and truck-tractors under
their control after Volvo notified them that the subject noncompliance
existed.

(Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49
CFR 1.95 and 501.8)

Otto G. Matheke, III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2021-13462 Filed 6-25-21; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 85, Number 142 (Thursday, July 23, 2020)]
[Rules and Regulations]
[Pages 44453-44456]
[FR Doc No: 2020-15882]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 85, No. 142 / Thursday, July 23, 2020 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0577; Product Identifier 2020-NM-041-AD; Amendment
39-21159; AD 2020-14-05]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes. This AD was prompted by an analysis by the design
approval holder (DAH) that identified structural areas that are
susceptible to widespread fatigue damage (WFD). Following this
analysis, the DAH determined that the SATCOM antenna doubler
installation does not meet the extended service goal (ESG)
requirements. This AD requires inspecting affected fastener holes of
the SATCOM antenna doubler for cracking, and applicable corrective
actions, as specified in a European Union Aviation Safety Agency (EASA)
AD, which is incorporated by reference. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD becomes effective August 7, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 7,
2020.
    The FAA must receive comments on this AD by September 8, 2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://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 W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For the material identified in this AD that is incorporated by
reference (IBR), contact the EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 89990 1000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this IBR
material on the EASA website at https://ad.easa.europa.eu. You may view
this IBR material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195. It is also available in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0577.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0577; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    Fatigue damage can occur locally, in small areas or structural
design details, or globally, in widespread areas. Multiple-site damage
is widespread damage that occurs in a large structural element such as
a single rivet line of a lap splice joining two large skin panels.
Widespread damage can also occur in multiple elements such as adjacent
frames or stringers. Multiple-site damage and multiple-element damage
cracks are typically too small initially to be reliably detected with
normal inspection methods. Without intervention, these cracks will
grow, and eventually compromise the structural integrity of the
airplane. This condition is known as WFD. It is associated with general
degradation of large areas of structure with similar structural details
and stress levels. As an airplane ages, WFD will likely occur, and will
certainly occur if the airplane is operated long enough without any
intervention.
    An FAA final rule (``Aging Airplane Program: Widespread Fatigue
Damage;'' 75 FR 69746, November 15, 2010) became effective on January
14, 2011 and amended 14 CFR parts 25, 26, 121, and 129 (commonly known
as the WFD rule). The WFD rule requires certain actions to prevent
structural failure due to WFD throughout the operational life of
certain existing transport category airplanes and all of these
airplanes that will be certificated in the future. Design approval
holders (DAHs) of existing and future airplanes subject to the WFD rule
are required to establish a limit of validity (LOV) of the engineering
data that support the structural maintenance program. Operators
affected by the WFD rule may not fly an airplane beyond its LOV, unless
an extended LOV is approved.
    The WFD rule does not require identifying and developing
maintenance actions if the DAHs can show that such actions are not
necessary to prevent WFD before the airplane reaches the LOV. Many
LOVs, however, do depend on accomplishment of future maintenance
actions. As stated in the WFD rule, any maintenance actions necessary
to reach the LOV will be mandated by airworthiness directives through
separate rulemaking actions.
    In the context of WFD, this action is necessary to enable DAHs to
propose LOVs that allow operators the longest

operational lives for their airplanes, and still ensure that WFD will
not occur. This approach allows for an implementation strategy that
provides flexibility to DAHs in determining the timing of service
information development (with FAA approval), while providing operators
with certainty regarding the LOV applicable to their airplanes.
    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0052, dated March 10, 2020
(``EASA AD 2020-0052'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A319-111, -112, -113, -114, -
115, -131, -132, and -133 airplanes.
    This AD was prompted by an analysis by the DAH that identified
structural areas that are susceptible to WFD. Following this analysis,
the DAH determined that the SATCOM antenna doubler installation does
not meet the ESG requirements. The FAA is issuing this AD to address
this condition, which could lead to crack initiation and undetected
propagation and consequent reduced structural integrity of the
airplane. See the MCAI for additional background information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0052 describes procedures for a special detailed
inspection (SDI) of the affected fastener holes of the SATCOM antenna
doubler for cracking, and applicable corrective actions. Corrective
actions include modifying fastener holes, installing a new SATCOM
antenna doubler, and repairing cracking.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the agency's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this AD because the FAA evaluated
all pertinent information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD
2020-0052, described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD,

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-0052
is incorporated by reference in this final rule. This AD, therefore,
requires compliance with EASA AD 2020-0052 in its entirety, through
that incorporation, except for any differences identified as exceptions
in the regulatory text of this AD. Using common terms that are the same
as the heading of a particular section in the EASA AD does not mean
that operators need comply only with that section. For example, where
the AD requirement refers to ``all required actions and compliance
times,'' compliance with this AD requirement is not limited to the
section titled ``Required Action(s) and Compliance Time(s)'' in the
EASA AD. Service information specified in EASA AD 2020-0052 that is
required for compliance with EASA AD 2020-0052 is available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-0577.

FAA's Justification and Determination of the Effective Date

    Since there are currently no domestic operators of these products,
notice and opportunity for public comment before issuing this AD are
unnecessary. In addition, for the reasons stated above, the FAA finds
that good cause exists for making this amendment effective in less than
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and the FAA did not precede it by notice and opportunity for
public comment. The FAA invites you to send any written relevant data,
views, or arguments about this AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2020-0577;
Product Identifier 2020-NM-041-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. The FAA will
consider all comments received by the closing date and may amend this
AD based on those comments.
    The FAA will post all comments the FAA receives, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact the FAA receives about this AD.

Regulatory Flexibility Act (RFA)

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

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, the FAA provides the following cost estimates to comply with
this AD:

                  Estimated Costs for Required Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
10 work-hours x $85 per hour = $850...              $0             $850
------------------------------------------------------------------------

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

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
            Labor cost                Parts cost      Cost per product
------------------------------------------------------------------------
Up to 206 work-hours x $85 per            $11,300   Up to $28,810.*
 hour = Up to $17,510 *.
------------------------------------------------------------------------
* Table does not include costs for the on-condition repair if cracking
  is found.

    The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition repair specified
in this AD.

Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2020-14-05 Airbus SAS: Amendment 39-21159; Docket No. FAA-2020-0577;
Product Identifier 2020-NM-041-AD.

(a) Effective Date

    This AD becomes effective August 7, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A319-111, -112, -113, -114,
-115, -131, -132, and -133 airplanes, certificated in any category,
as identified in European Union Aviation Safety Agency (EASA) AD
2020-0052, dated March 10, 2020 (``EASA AD 2020-0052'').

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by an analysis by the design approval
holder (DAH) that identified structural areas that are susceptible
to widespread fatigue damage (WFD). Following this analysis, the DAH
determined that the SATCOM antenna doubler installation does not
meet the extended service goal (ESG) requirements. The FAA is
issuing this AD to address this condition, which could lead to crack
initiation and undetected propagation and consequent reduced
structural integrity of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2020-0052.

(h) Exceptions to EASA AD 2020-0052

    (1) Where EASA AD 2020-0052 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0052 does not apply
to this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the Large Aircraft Section, International Validation
Branch, send it to the attention of the person identified in
paragraph (j) of this AD. Information may be emailed to<EMAIL_ADDRESS>Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2020-0052 that contains RC procedures and
tests: Except as required by (i)(2) of this AD, RC procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(j) Related Information

    For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0052,
dated March 10, 2020.
    (ii) [Reserved]
    (3) For information about EASA AD 2020-0052, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email<EMAIL_ADDRESS>internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>. This material may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2020-0577.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 1, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-15882 Filed 7-22-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Notices]
[Pages 57481-57485]
[FR Doc No: 2023-18105]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98159; File No. SR-NYSEAMER-2023-40]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Change To Modify the
NYSE American Options Fee Schedule

August 17, 2023.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on August 8, 2023, NYSE American LLC (``NYSE American'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \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

    The Exchange proposes to modify the NYSE American Options Fee
Schedule (``Fee Schedule'') regarding Floor Broker incentives and the
Strategy Execution Fee Cap. The Exchange proposes to implement the fee
changes effective August 8, 2023.\4\ The proposed rule change is
available on the Exchange's website at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.
---------------------------------------------------------------------------

    \4\ The Exchange previously filed to amend the Fee Schedule on
July 31, 2023 (SR-NYSEAMER-2023-38) and withdrew such filing on
August 8, 2023.
---------------------------------------------------------------------------

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those 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 parts 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 purpose of this filing to amend the Fee Schedule to (1) delete
text relating to the expired Floor Broker Grow With Me Program and add
a new Floor Broker incentive, and (2) add dividend strategies to the
list of strategy executions eligible for the Strategy Execution Fee Cap
(the ``Strategy Cap''). The Exchange proposes to implement the rule
changes on August 8, 2023.

Floor Broker Incentives
    The Exchange proposes to modify Section III.E.2. of the Fee
Schedule to delete text providing for the Floor Broker Grow With Me
Program (the ``Grow With Me Program''), which expired on July 31, 2023,
and to introduce the Floor Broker Manual Billable Incentive Program
(the ``Manual Billable Incentive Program''). The Exchange proposes that
Floor Brokers would be eligible for rebates on manual billable volume
through the Manual Billable Incentive Program by achieving certain
qualifying levels of average daily manual billable contracts.
Specifically, a Floor Broker would earn a rebate of ($0.05) per manual
billable side by executing an average daily volume of 40,000 manual
billable contracts; a rebate of ($0.07) per manual billable side by
executing an average daily volume of 100,000 manual billable contracts;
or a rebate of ($0.09) per manual billable side by executing an average
daily volume of 150,000 manual billable contracts. Rebates available
through the Manual Billable Incentive Program would be payable back to
the first contract, and Floor Brokers would earn the highest rebate for
which they qualify.\5\ The Exchange believes that the proposed
qualifications for rebates available through the Manual Billable
Incentive Program are reasonable and attainable by Floor Brokers based
on their recent manual billable volume.
---------------------------------------------------------------------------

    \5\ For example, a Floor Broker that executes an average daily
volume of 100,000 manual billable contracts would be eligible for
the ($0.07) rebate but would not also earn the ($0.05) rebate.
---------------------------------------------------------------------------

    Although the Exchange cannot predict with certainty whether the
proposed change would encourage Floor Brokers to increase their manual
billable volume, the proposed change is designed to continue to
incentivize Floor Brokers to do so by offering rebates on manual
billable volume. All Floor Brokers would be eligible to earn a rebate
through the Manual Billable Incentive Program, as proposed.
Strategy Cap
    Currently, the Strategy Cap provides for a $1,000 cap on
transaction fees for strategy executions involving (a) reversals and
conversions, (b) box spreads, (c) short stock interest spreads, (d)
merger spreads, and (e) jelly rolls.\6\ The Strategy Cap applies to
each strategy execution executed in standard option contracts on the
same trading day. In addition, the cap is reduced to $200 on
transactions fees for qualifying strategies traded on the same trading
day for those ATP Holders that trade at least 25,000 monthly billable
contract sides in qualifying strategy executions.
---------------------------------------------------------------------------

    \6\ See Fee Schedule, Section I.J., Strategy Execution Fee Cap.
---------------------------------------------------------------------------

    The Exchange now proposes to modify Section I.J. of the Fee
Schedule to add dividend strategies as item (f) in the list of strategy
executions eligible for the Strategy Cap (and to make non-substantive
conforming changes to include an item (f) in such list). The Exchange
also proposes that dividend strategies would be included among the
strategies that contribute to an ATP Holder's qualification for the
lower cap of $200. Finally, the Exchange proposes to add new
subparagraph (f) to Section I.J. of the Fee Schedule to define a
dividend strategy as transactions done to achieve a dividend arbitrage
involving the purchase, sale, and exercise of in-the-money options of
the same class, executed the first business day prior to the date on
which the underlying stock goes ex-dividend.
    The Exchange notes that other options exchanges currently offer
caps on fees for dividend strategy executions.\7\ Although the Exchange
cannot predict with certainty whether the proposed change would
encourage ATP Holders to increase their dividend strategy executions,
the proposed change is intended to encourage additional dividend
strategy executions on the Exchange by including them in the strategies
eligible for the Strategy Cap (including the lower cap for qualifying
ATP Holders).
---------------------------------------------------------------------------

    \7\ See, e.g., BOX Options Fee Schedule, Section V.D. (Strategy
QOO Order Fee Cap and Rebate), available at: https://boxexchange.com/assets/BOX-Fee-Schedule-as-of-July-3-2023.pdf
(providing for daily cap on manual transaction fees for dividend
strategies); Nasdaq PHLX LLC Options 7, Section 4, available at:
https://listingcenter.nasdaq.com/rulebook/phlx/rules/Phlx%20Options%207 (providing for daily cap on fees for dividend
strategies).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with section 6(b) of the Act,\8\ in general, and furthers the
objectives of sections 6(b)(4) and (5) of the Act,\9\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

The Proposed Rule Change Is Reasonable
    The Exchange operates in a highly competitive market. The
Commission has repeatedly expressed its preference for competition over
regulatory intervention in determining prices, products, and services
in the securities markets. 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.'' \10\
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005) (S7-10-04) (``Reg NMS
Adopting Release'').
---------------------------------------------------------------------------

    There are currently 16 registered options exchanges competing for
order flow. Based on publicly-available information, and excluding
index-based options, no single exchange has more than 16% of the market
share of executed volume of multiply-listed equity and ETF options
trades.\11\ Therefore, no exchange possesses significant pricing power
in the execution of multiply-listed equity and ETF options order flow.
More specifically, in June 2023, the Exchange had less than 7% market
share of executed volume of multiply-listed equity and ETF options
trades.\12\
---------------------------------------------------------------------------

    \11\ The OCC publishes options and futures volume in a variety
of formats, including daily and monthly volume by exchange,
available here: https://www.theocc.com/Market-Data/Market-Data-Reports/Volume-and-Open-Interest/Monthly-Weekly-Volume-Statistics.
    \12\ Based on a compilation of OCC data for monthly volume of
equity-based options and monthly volume of ETF-based options, see
id., the Exchange's market share in equity-based options decreased
from 7.43% for the month of June 2022 to 6.57% for the month of June
2023.
---------------------------------------------------------------------------

    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 or reduce use of certain categories of
products, in response to fee changes. Accordingly, competitive forces
constrain options exchange transaction fees. Stated otherwise, changes
to exchange transaction fees can have a direct effect on the ability of
an exchange to compete for order flow.
    The Exchange believes the proposed deletion of the language
describing the Grow With Me Program is reasonable because the program
has expired, and the deletion would thus improve the clarity of the Fee
Schedule and reduce confusion as to the fees and credits that are
currently in effect. The Exchange also believes that the removal of
obsolete text from the Fee Schedule would further the protection of
investors and the public interest by promoting clarity and transparency
in the Fee Schedule and making the Fee

Schedule easier to navigate and understand.
    The Exchange believes that the proposed Manual Billable Incentive
Program is reasonable because it is designed to continue to incent
Floor Brokers to increase their manual billable volume executed on the
Exchange. The Exchange also believes that the proposed change is
reasonable because the proposed volume thresholds to qualify for the
rebates are attainable based on recent manual billable volume executed
by Floor Brokers, and the proposed rebates would be available to all
Floor Brokers.
    The Exchange believes the proposed modification of the Strategy Cap
is reasonable because it is designed to encourage ATP Holders to
increase their dividend strategies executed on the Exchange by
including dividend strategies among the strategy executions eligible
for the Strategy Cap. The Exchange also believes the proposed change
could incent ATP Holders to execute and aggregate dividend strategy
orders as well as other types of strategy orders at NYSE American as a
primary execution venue.
    To the extent that the proposed changes attract greater volume and
liquidity, the Exchange believes they would improve the Exchange's
overall competitiveness, strengthen its market quality for all market
participants, and continue to make the Exchange a more competitive
venue for order execution, which, in turn, promotes just and equitable
principles of trade and removes impediments to and perfects the
mechanism of a free and open market and a national market system. The
Exchange notes that all market participants stand to benefit from any
increase in volume, which could promote market depth, facilitate
tighter spreads, and enhance price discovery, particularly to the
extent the proposed change encourages market participants to utilize
the Exchange as a primary trading venue, and may lead to a
corresponding increase in order flow from other market participants.
    In addition, in the backdrop of the competitive environment in
which the Exchange operates, the proposed rule change is a reasonable
attempt by the Exchange to increase the depth of its market and improve
its market share relative to its competitors. The Exchange's fees are
constrained by intermarket competition, as ATP Holders may direct their
order flow to any of the 16 options exchanges, including those that
also offer caps on dividend strategies.\13\ Thus, ATP Holders have a
choice of where they direct their order flow, including their strategy
executions. The proposed rule change is designed to incent ATP Holders
to direct liquidity to the Exchange, thereby promoting market depth and
enhancing order execution opportunities for market participants.
---------------------------------------------------------------------------

    \13\ See note 7, supra.
---------------------------------------------------------------------------

The Proposed Rule Change Is an Equitable Allocation of Fees and Credits
    The Exchange believes the proposed rule change is an equitable
allocation of its fees and credits. The proposed deletion of language
relating to the expired Grow With Me Program would eliminate text from
the Fee Schedule no longer applicable to any Floor Brokers, thus
impacting all similarly situated Floor Brokers on an equal basis and
improving the clarity of the Fee Schedule to the benefit of all market
participants. The proposed Manual Billable Incentive Program is
equitable because it is based on the amount and type of business
transacted on the Exchange; Floor Brokers can choose to execute manual
billable volume to earn rebates through the program or not. In
addition, the rebates offered through the Manual Billable Incentive
Program would be available to all qualifying Floor Brokers equally. The
Exchange further believes that the proposed change is equitable because
it is intended to encourage the role performed by Floor Brokers in
facilitating the execution of orders via open outcry, a function which
the Exchange wishes to support for the benefit of all market
participants. To the extent the proposed change continues to encourage
increased liquidity on the Exchange, all market participants would
benefit from enhanced opportunities for price improvement and order
execution.
    The Exchange also believes that the proposed change to the Strategy
Cap is an equitable allocation of fees and credits because it is based
on the amount and type of business transacted on the Exchange, and ATP
Holders can opt to avail themselves of the Strategy Cap or not. The
modified Strategy Cap, as proposed, would continue to be available to
all ATP Holders that direct strategy executions, including dividend
strategies, to the Exchange. Moreover, the proposal is designed to
continue to encourage ATP Holders to aggregate strategy executions at
the Exchange as a primary execution venue. To the extent that the
proposed change attracts more dividend strategies to the Exchange, this
increased order flow would continue to make the Exchange a more
competitive venue for order execution. Thus, the Exchange believes the
proposed rule change would improve market quality for all market
participants on the Exchange and, as a consequence, attract more order
flow to the Exchange, thereby improving marked-wide quality and price
discovery.
The Proposed Rule Change Is Not Unfairly Discriminatory
    The Exchange believes the proposed rule change is not unfairly
discriminatory. The proposed elimination of text describing the expired
Grow With Me Program would affect all Floor Brokers on an equal and
non-discriminatory basis, as the program would no longer be available
to any Floor Brokers. The Exchange believes that the proposed Manual
Billable Incentive Program is not unfairly discriminatory because all
Floor Brokers are eligible to qualify for the rebates offered through
the program. Moreover, the proposed change is not unfairly
discriminatory to non-Floor Brokers because Floor Brokers serve an
important function in facilitating the execution of orders on the
Exchange, which the Exchange wishes to encourage and support to promote
price improvement opportunities for all market participants.
    The Exchange also believes the proposed change is not unfairly
discriminatory because the proposed modification of the Strategy Cap
would apply to all similarly-situated market participants on an equal
and non-discriminatory basis. The proposal is based on the amount and
type of business transacted on the Exchange, and ATP Holders are not
obligated to try to achieve the Strategy Cap, nor are they obligated to
execute any dividend strategies. Rather, the proposal is designed to
encourage ATP Holders to increase their dividend strategy executions
and to utilize the Exchange as a primary trading venue for all strategy
executions (if they have not done so previously).
    Thus, the Exchange believes that, to the extent the proposed rule
change would continue to improve market quality for all market
participants on the Exchange by attracting more order flow to the
Exchange, thereby improving market-wide quality and price discovery,
the resulting increased volume and liquidity would provide more trading
opportunities and tighter spreads to all market participants and thus
would promote just and equitable principles of trade, remove
impediments to and perfect the mechanism of a free and open market and
a national market system and, in general, protect investors and the
public interest.

    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.

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

    In accordance with section 6(b)(8) of the Act, the Exchange does
not believe that the proposed rule change would impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, as discussed above, the Exchange believes
that the proposed changes would encourage the submission of additional
liquidity to a public exchange, thereby promoting market depth, price
discovery and transparency and enhancing order execution opportunities
for all market participants. As a result, the Exchange believes that
the proposed change furthers the Commission's goal in adopting
Regulation NMS of fostering integrated competition among orders, which
promotes ``more efficient pricing of individual stocks for all types of
orders, large and small.'' \14\
---------------------------------------------------------------------------

    \14\ See Reg NMS Adopting Release, supra note 10, at 37499.
---------------------------------------------------------------------------

    Intramarket Competition. The Exchange does not believe that the
proposed changes would impose any burden on intramarket competition
that is not necessary or appropriate. The proposed changes are designed
to attract order flow to the Exchange. The proposed Manual Billable
Incentive Program is intended to attract additional order flow to the
Exchange by offering Floor Brokers rebates on manual billable volume,
which could increase the volume of contracts traded on the Exchange.
The proposed modification of the Strategy Cap to include dividend
strategies is intended to attract additional dividend strategies to the
Exchange and could also encourage ATP Holders to aggregate all strategy
executions on the Exchange to qualify for the Strategy Cap. Greater
liquidity benefits all market participants on the Exchange, and
increased manual billable transactions and strategy executions could
increase opportunities for execution of other trading interest.
Finally, the proposed deletion of language relating to the Grow With Me
Program would remove language from the Fee Schedule no longer
applicable to any Floor Brokers and, accordingly, would not have any
impact on intramarket competition.
    Intermarket Competition. The Exchange operates in a highly
competitive market in which market participants can readily favor one
of the 16 competing option exchanges if they deem fee levels at a
particular venue to be excessive. In such an environment, the Exchange
must continually adjust its fees to remain competitive with other
exchanges and to attract order flow to the Exchange. Based on publicly-
available information, and excluding index-based options, no single
exchange has more than 16% of the market share of executed volume of
multiply-listed equity and ETF options trades.\15\ Therefore, no
exchange possesses significant pricing power in the execution of
multiply-listed equity and ETF options order flow. More specifically,
in June 2023, the Exchange had less than 8% market share of executed
volume of multiply-listed equity and ETF options trades.\16\
---------------------------------------------------------------------------

    \15\ See note 11, supra.
    \16\ See note 12, supra.
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change reflects this
competitive environment because it modifies the Exchange's fees and
credits in a manner designed to continue to incent additional manual
billable volume and dividend strategy volume to the Exchange, to
provide liquidity, and to attract order flow. To the extent the
proposed changes encourage Floor Brokers and other market participants
to utilize the Exchange as a primary trading venue for all
transactions, all of the Exchange's market participants should benefit
from the improved market quality and increased opportunities for price
improvement. The Exchange also believes that the proposed change could
promote competition between the Exchange and other execution venues, as
other competing options exchanges currently offer fee caps for dividend
strategies.\17\ Finally, the Exchange believes that deleting text
describing the Grow With Me Program would add clarity to the Fee
Schedule by removing expired pricing and, accordingly, would not have
any impact on intermarket competition.
---------------------------------------------------------------------------

    \17\ See note 7, supra.
---------------------------------------------------------------------------

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

    No written comments were solicited or received with respect to 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 upon filing pursuant
to section 19(b)(3)(A) \18\ of the Act and paragraph (f) 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.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A).
---------------------------------------------------------------------------

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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-NYSEAMER-2023-40 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-NYSEAMER-2023-40. 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 (https://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
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available

publicly. We may redact in part or withhold entirely from publication
submitted material that is obscene or subject to copyright protection.
All submissions should refer to file number SR-NYSEAMER-2023-40 and
should be submitted on or before September 13, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-18105 Filed 8-22-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 240 (Wednesday, December 15, 2010)]
[Notices]
[Page 78236]
[FR Doc No: 2010-31417]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13884-000]

Pennamaquan Tidal Power, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

December 8, 2010.
    On November 22, 2010, Pennamaquan Tidal Power, LLC filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of the
Pennamaquan Tidal Power Plant Project to be located on the Pennamaquan
River and Cobscook Bay, Washington County, Maine. The sole purpose of a
preliminary permit, if issued, is to grant the permit holder priority
to file a license application during the permit term. A preliminary
permit does not authorize the permit holder to perform any land-
disturbing activities or otherwise enter upon lands or waters owned by
others without the owners' express permission.
    The proposed project would consist of: (1) A 692-acre tidal area of
the Pennamaquan River and Cobscook Bay; (2) two new impervious core,
sand, and crushed rock embankments, one 689-feet-long and another 164-
feet-long; (3) a new 505-foot-long concrete modular wall panel
extending about 11 feet above mean sea level consisting of: (a) New
concrete support columns; (b) a new boat lift; and (c) a new powerhouse
with four reversible bulb generating units with a total capacity of
21.1 megawatts; and (4) a new 35 kilovolt, 2.5-mile-long transmission
line. The project would produce an estimated average annual generation
of about 66,400 megawatt-hours.
    Applicant Contact: Andrew Landry, 45 Memorial Circle, PO Box 1058,
Augusta, ME 04332, phone:<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>    FERC Contact: Tom Dean<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support. Although the Commission strongly encourages electronic filing,
documents may also be paper-filed. To paper-file, mail an original and
seven copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13884) in the docket number field to access
the document. For assistance, contact FERC Online Support.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-31417 Filed 12-14-10; 8:45 am]
BILLING CODE 6717-01-P