[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Notices]
[Pages 66704-66705]
[FR Doc No: 2018-27959]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2014-0079; FRL-9988-08-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Wet-Formed Fiberglass Mat
Production (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an

information collection request (ICR), NESHAP for Wet-formed Fiberglass
Mat Production (EPA ICR Number 1964.09; OMB Control Number 2060-0496),
to the Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act. This is a proposed
extension of the ICR, which is currently approved through December 31,
2018. Public comments were previously requested via the Federal
Register on June 29, 2017 during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An agency may not conduct or sponsor and a
person is not required to respond to a collection of information unless
it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before January 25,
2019.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2014-0079, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: The NESHAP apply to wet-formed fiberglass mat production
facilities that emit greater than or equal to 10 tons per year (tpy) of
any one hazardous air pollutant (HAP) or greater than or equal to 25
tpy of any combination of HAP. Affected sources include new and
existing drying and curing ovens. New facilities include those that
commenced construction or reconstruction after the original date of
proposal (May 26, 2000). The NESHAP standards require initial
notifications, performance tests, and seminannual reports by the
owners/operators of the affected facilities. They are also required to
maintain records of the occurrence and duration of any startup,
shutdown, or malfunction in the operation of an affected facility, or
any period during which the monitoring system is inoperative. These
notifications, reports, and records are essential in determining
compliance, and are required of all sources subject to NESHAP
standards.
    Form Numbers: None.
    Respondents/affected entities: New and existing drying and curing
ovens at wet-formed fiberglass mat production facilities.
    Respondent's obligation to respond: Mandatory (40 CFR 63 Subpart
HHHH).
    Estimated number of respondents: 7 (total).
    Frequency of response: Initial, semiannual.
    Total estimated burden: 1,470 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $95,500 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in the Estimates: The adjustment decrease in burden from
the most recently approved ICR is due to a decrease in the number of
sources from 14 to 7, based on the Agency's evaluation of the source
category as part of the residual risk and technology review (RTR).
Additionally, the amendments to the NESHAP for Wet-Formed Fiberglass
Mat Production (40 CFR, Part 63, Subpart HHHH) addressed in this ICR
(1) adjust references to the Part 63 General Provisions (40 CFR, Part
63, Subpart A) and revise provisions in the NESHAP (40 CFR part 63,
Subpart HHHH) to remove the SSM exemption and SSM plan and periodic
report requirements; (2) require electronic submittal of performance
test results; (3) reduce the frequency of compliance reports from a
quarterly basis to a semiannual basis when there are deviations from
applicable standards; and (4) reduce the parameter monitoring and
recording requirements during use of binder containing no HAP.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2018-27959 Filed 12-26-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)]
[Notices]
[Pages 59598-59599]
[FR Doc No: 2017-27093]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2017-0069; FRL-9969-98]

Product Cancellation Order for Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellations,
voluntarily requested by the registrants and accepted by the Agency, of
the products listed in Table 1 of Unit II, pursuant to the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA).
    This cancellation order follows an April 10, 2017 Federal Register
Notice of Receipt of Requests from the registrants listed in Table 2 of
Unit II to voluntarily cancel these product registrations. In the April
10, 2017 notice, EPA indicated that it would issue an order
implementing the cancellations, unless the Agency received substantive
comments within the 180-day comment period that would merit its further
review of these requests, or unless the registrants withdrew their
requests. The Agency did not receive any comments on the notice.
Accordingly, EPA hereby issues in this notice a cancellation order
granting the requested cancellations. Any distribution, sale, or use of
the products subject to this cancellation order is permitted only in
accordance with the terms of this order, including any existing stocks
provisions.

DATES: The cancellations are effective December 15, 2017.

FOR FURTHER INFORMATION CONTACT: Christopher Green, Information
Technology and Resources Management Division (7502P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>;
email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2017-0069, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

II. What action is the Agency taking?

    This notice announces the cancellations, as requested by
registrants, of products registered under FIFRA section 3 (7 U.S.C.
136a). These registrations are listed in sequence by registration
number in Table 1 of this unit.

                                         Table 1--Product Cancellations
----------------------------------------------------------------------------------------------------------------
     Registration No.         Company No.                    Product name                     Active ingredient
----------------------------------------------------------------------------------------------------------------
42750-78..................           42750  Picloram Acid Technical.......................  Picloram.
42750-183.................           42750  Picloram Acid Technical.......................  Picloram.
66171-1...................           66171  Advantage 256.................................  2-Benzyl-4-
                                                                                chlorophenol; 4-
                                                                                tert-Amylphenol; &
                                                                                o-Phenylphenol (NO
                                                                                INERT USE).
66171-2...................           66171  Advantage 128.................................  2-Benzyl-4-
                                                                                chlorophenol; 4-
                                                                                tert-Amylphenol; &
                                                                                o-Phenylphenol (NO
                                                                                INERT USE).
OR-990007.................           62719  Kerb 50W Herbicide in WSP.....................  Propyzamide.
WA-060002.................           62719  Kerb 50-W.....................................  Propyzamide.
WA-960004.................             279  Fyfanon ULV AG................................  Malathion (NO INERT
                                                                                USE).
----------------------------------------------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Table 1 of this unit, in sequence by
EPA company number. This number corresponds to the first part of the
EPA registration

numbers of the products listed in Table 1 of this unit.

               Table 2--Registrants of Cancelled Products
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          EPA company No.                 Company name and address
------------------------------------------------------------------------
279...............................  FMC Corporation, 2929 Walnut Street,
                                     Philadelphia, PA 19104.
42750.............................  Albaugh, LLC, P.O. Box 2127,
                                     Valdosta, GA 31604-2127.
62719.............................  Dow AgroSciences, LLC, 9330
                                     Zionsville Rd., 308/2E,
                                     Indianapolis, IN 46268-1054.
66171.............................  Preserve International, 944 Nandino
                                     Blvd., Lexington, KY 40511.
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to
Comments

    During the public comment period provided, EPA received no comments
in response to the Federal Register notice of April 10, 2017 (82 FR
17258) (FRL-9959-67) announcing the Agency's receipt of the requests
for voluntary cancellations of products listed in Table 1 of Unit II.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)), EPA hereby
approves the requested cancellations of the registrations identified in
Table 1 of Unit II. Accordingly, the Agency hereby orders that the
product registrations identified in Table 1 of Unit II are canceled.
The effective date of the cancellations that are the subject of this
notice is December 15, 2017. Any distribution, sale, or use of existing
stocks of the products identified in Table 1 of Unit II in a manner
inconsistent with any of the provisions for disposition of existing
stocks set forth in Unit VI will be a violation of FIFRA.

V. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a
registrant of a pesticide product may at any time request that any of
its pesticide registrations be canceled or amended to terminate one or
more uses. FIFRA further provides that, before acting on the request,
EPA must publish a notice of receipt of any such request in the Federal
Register. Thereafter, following the public comment period, the EPA
Administrator may approve such a request. The notice of receipt for
this action was published for comment in the Federal Register of April
10, 2017. The comment period closed on October 10, 2017.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. The existing stocks provisions for the products
subject to this order are as follows.
    The registrants may continue to sell and distribute existing stocks
of products listed in Table 1 of Unit II until December 17, 2018, which
is 1 year after the publication of the Cancellation Order in the
Federal Register. Thereafter, the registrants are prohibited from
selling or distributing products listed in Table 1, except for export
in accordance with FIFRA section 17 (7 U.S.C. 1360), or proper
disposal. Persons other than the registrants may sell, distribute, or
use existing stocks of products listed in Table 1 of Unit II until
existing stocks are exhausted, provided that such sale, distribution,
or use is consistent with the terms of the previously approved labeling
on, or that accompanied, the canceled products.

    Authority:  7 U.S.C. 136 et seq.

    Dated: November 14, 2017.
Hamaad A. Syed,
Acting Director, Information Technology and Resources Management
Division, Office of Pesticide Programs.
[FR Doc. 2017-27093 Filed 12-14-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Notices]
[Pages 50864-50866]
[FR Doc No: 2017-23881]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-463-000]

Florida Southeast Connection, LLC; Notice of Intent To Prepare an
Environmental Assessment for The Proposed Okeechobee Lateral Pipeline
Project, and Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Okeechobee Lateral Pipeline
Project (Project) involving construction and operation of facilities by
Florida Southeast Connection, LLC (FSC) in Okeechobee County, Florida.
The Commission will use this EA in its decision-making process to
determine whether the project is in the public convenience and
necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. You can make a difference by providing us with
your specific comments or concerns about the project. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
Your input will help the Commission staff determine what issues they
need to evaluate in the EA. To ensure that your comments are timely and
properly recorded, please send your comments so that the Commission
receives them in Washington, DC on or before November 22, 2017.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable agreement. However, if
the Commission approves the project, that approval conveys with it the
right of eminent domain. Therefore, if easement negotiations fail to
produce an agreement, the pipeline company could initiate condemnation
proceedings where compensation would be determined in accordance with
state.
    FSC provided landowners with a fact sheet prepared by the FERC
entitled ``An Interstate Natural Gas Facility On My Land? What Do I
Need To Know?'' This fact sheet addresses a number of typically asked
questions, including the use of eminent domain and how to participate
in the Commission's proceedings. It is also available for viewing on
the FERC Web site (www.ferc.gov).

Public Participation

    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has expert staff available to assist you at
(202) 502-8258 or [email protected]. Please carefully follow
these instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
eRegister. If you are filing a comment on a particular project, please
select ``Comment on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the project docket number
CP17-463-000 with your submission: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 888 First Street NE., Room 1A,
Washington, DC 20426.

Summary of the Proposed Project

    FSC requests authorization to construct and operate approximately
5.2 miles of 20-inch-diameter natural gas transmission pipeline and
associated facilities (inspection tool launcher and receiver and a
meter station) in Okeechobee County, Florida. This pipeline would
connect FSC's mainline system with the Florida Power & Light Company's
Okeechobee Clean Energy Center (currently under construction) and would
be capable of providing 400 million cubic feet per day of natural gas
to this facility. FSC anticipates construction would require four to
five months, beginning in mid-2018. The

general location of the project facilities is shown in appendix 1.\1\
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    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called eLibrary or from the Commission's Public
Reference Room, 888 First Street NE., Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.
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Land Requirements for Construction

    Construction of the proposed facilities would disturb about 105
acres of land. Following construction, FSC would maintain about 30
acres of land for permanent operation of the project facilities. The
remaining acreage would be restored and revert to former uses.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\2\ to discover and address concerns the public may have about
proposals. This process is referred to as ``scoping.'' The main goal of
the scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. We will
consider all filed comments during the preparation of the EA.
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    \2\ We, us, and our refer to the environmental staff of the
Commission's Office of Energy Projects.
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    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the proposed project under these
general headings:
     Geology and soils;
     land use;
     water resources, fisheries, and wetlands;
     cultural resources;
     vegetation and wildlife;
     air quality and noise;
     endangered and threatened species;
     public safety; and
     cumulative impacts.
    We will also evaluate reasonable alternatives to the proposed
project or portions of the project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. Depending on
the comments received during the scoping process, we may also publish
and distribute the EA to the public for an allotted comment period. We
will consider all comments on the EA before making our recommendations
to the Commission. To ensure we have the opportunity to consider and
address your comments, please carefully follow the instructions in the
Public Participation section.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues of
this project to formally cooperate with us in the preparation of the
EA.\3\ Agencies that would like to request cooperating agency status
should follow the instructions for filing comments provided under the
Public Participation section of this notice.
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    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
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Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the applicable State Historic Preservation Office (SHPO), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the project's potential effects on
historic properties.\4\ We will define the project-specific Area of
Potential Effects (APE) in consultation with the SHPO as the project
develops. On natural gas facility projects, the APE at a minimum
encompasses all areas subject to ground disturbance (examples include
construction right-of-way, contractor/pipe storage yards, compressor
stations, and access roads). Our EA for this project will document our
findings on the impacts on historic properties and summarize the status
of consultations under section 106.
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    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
proposed project.
    If we publish and distribute the EA, copies of the EA will be sent
to the environmental mailing list for public review and comment. If you
would prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (appendix 2).

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are in
the ``Document-less Intervention Guide'' under the ``e-filing'' link on
the Commission's Web site. Motions to intervene are more fully
described at http://www.ferc.gov/resources/guides/how-to/intervene.asp.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site at www.ferc.gov using the ``eLibrary'' link. Click on the
eLibrary link, click on General Search and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., CP17-
463). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
[email protected] or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings

by automatically providing you with notification of these filings,
document summaries, and direct links to the documents. Go to
www.ferc.gov/docs-filing/esubscription.asp.
    Finally, public sessions or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: October 24, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-23881 Filed 11-1-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Proposed Rules]
[Page 45428]
[FR Doc No: 2016-16713]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket No. USCG-2014-0142]
RIN 1625-AA01

Anchorage Regulations; Special Anchorage Areas, Marina del Rey
Harbor, California

AGENCY: Coast Guard, DHS.

ACTION: Supplemental notice of proposed rulemaking; reopen comment
period.

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SUMMARY: The Coast Guard is re-opening the comment period for its
supplemental notice of proposed rulemaking (SNPRM), published in May
2014. The Coast Guard is proposing to amend the shape and reduce the
size of the special anchorage in Marina del Rey Harbor, California.
Additionally, we propose to clarify the language in the note section of
the existing regulation. Because the date of the public meeting was not
published in the Federal Register until after the meeting was held, the
Coast Guard is providing an additional opportunity for public comment.

DATES: Comments and related material must reach the Coast Guard on or
before August 15, 2016.

ADDRESSES: You may submit written comments identified by docket number
USCG-2014-0142 using the Federal eRulemaking Portal at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning the
proposed rule, please call or email Lieutenant Junior Grade Colleen
Patton, Waterways Management Branch, Eleventh Coast Guard District,
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background and Purpose

    We published a notice of proposed rulemaking (NPRM) in the Federal
Register on May 28, 2014 (79 FR 30509), entitled ``Anchorage
Regulations: Special Anchorage Areas, Marina del Rey Harbor,
California.'' The NPRM proposed to disestablish the special anchorage
area. In response to comments received, we have issued a supplemental
NPRM (81 FR 10156, February 29, 2016) to retain the special anchorage,
but amend the shape and reduce the size of the anchorage to remove the
anchorage area from a location where it could endanger vessel traffic.
    Because the date of the public meeting was not published in the
Federal Register until after the meeting was held, we have concluded
that additional comments would aid this rulemaking. Therefore, we are
publishing this document to reopen the comment period.
    You may view the SNPRM, in our online docket, in addition to
supporting documents prepared by the Coast Guard and comments submitted
thus far by going to http://www.regulations.gov. Once there, insert
``USCG-2014-0142'' in the ``Keyword'' box and click ``Search.''
    We encourage you to participate in this rulemaking by submitting
comments to the docket through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the March 24, 2005, issue of the
Federal Register (70 FR 15086).

Public Meeting

    We do not now plan to hold another public meeting, but will
consider holding one in response to a request from the public. You may
submit a request for a meeting either by submitting a comment to the
docket or by writing to Eleventh Coast Guard District at the address
under ADDRESSES explaining why one would be beneficial. If we determine
that a meeting would aid this rulemaking, we will hold one at a time
and place announced by a later notice.

Reopening the Comment Period

    The comment period for the SNPRM published in February 2016 ended
April 30, 2016. In order to give the public a chance to make additional
comments, the Coast Guard is reopening the comment period on our SNPRM.
All comments must reach the public docket at the address found in
ADDRESSES on or before August 15, 2016.

    Dated: June 10, 2016.
J.A. Servidio,
RADM, U.S. Coast Guard, Commander, Eleventh Coast Guard District.
[FR Doc. 2016-16713 Filed 7-13-16; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Proposed Rules]
[Pages 63903-63907]
[FR Doc No: 2013-25134]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0867; Directorate Identifier 2013-NM-115-AD]
RIN 2120-AA64

Airworthiness Directives; the Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 777-200, -200LR, -300, and -300ER
series airplanes. This proposed AD was prompted by reports of severe
corrosion on bonding jumpers installed on the flight control surfaces.
This proposed AD would require repetitive bonding jumper inspections
for corrosion, sealant disbond, and insufficient sealant coverage, and
corrective actions if necessary. This proposed AD also specifies an
optional action of doing an inspection for corrosion damage of the
bonding brackets, and corrective actions if necessary, which would
terminate the repetitive inspections. For certain airplanes, this
proposed AD would also require installing certain bonding jumpers and
related ground clips and fasteners to the elevators, horizontal
stabilizers, rudder, and vertical fin, removing certain bonding jumpers
and installing new bonding jumpers, and replacing single-tabbed
brackets with two-tabbed brackets. We are proposing this AD to detect
and correct corrosion

on bonding jumpers installed on the flight control surfaces, which, in
the event of a lighting strike, could damage the actuator control
electronics (ACEs) and result in the loss of the ability to command
individual flight control surfaces or cause uncommanded motion of
individual flight control surfaces.

DATES: We must receive comments on this proposed AD by December 9,
2013.

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 http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Georgios Roussos, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, Seattle Aircraft Certification
Office, FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2013-0867;
Directorate Identifier 2013-NM-115-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We have received a report of severe corrosion on 15 bonding jumpers
on the ailerons, horizontal stabilizers, and vertical fins of six
airplanes that were approximately eight years old. We also received a
similar report on an airplane that was approximately seven years old.
The corrosion is caused by sealant voids, which allow moisture under
the sealant and then trap it inside.
    The bonding jumpers are part of the lightning protection ground
path for the flight control surfaces that prevent excessive lightning
energy from traveling to the primary flight control actuators and then
to one of the four ACEs. Corrosion damage on the bonding jumper
connections creates high resistance bonding paths that could, in the
event of a lightning strike, potentially expose multiple flight control
system ACEs to high voltage transients. The excessive voltage could
cause damage to the ACEs and result in the loss of the ability to
command individual flight control surfaces or cause uncommanded motion
of individual flight control surfaces.
    A new category 2 fay seal method has been developed to improve the
integrity of the bonding jumper connections. This new method creates a
continuous layer of sealant inside and outside of all mating surfaces
to keep moisture away from the bonding surfaces and prevent corrosion.

Relevant Service Information

    We reviewed the following service bulletins:

 Boeing Service Bulletin 777-27A0078, Revision 1, dated April
1, 2013
 Boeing Service Bulletin 777-55A0010, Revision 1, dated April
17, 2001
 Boeing Service Bulletin 777-55A0014, Revision 1, dated April
1, 2010

For information on the procedures and compliance times, see this
service information at http://www.regulations.gov by searching for
Docket No. FAA-2013-0867.

Other Relevant Rulemaking

    This proposed AD is related to AD 2012-08-13, Amendment 39-17030
(77 FR 24357, April 24, 2012). AD 2012-08-13 requires replacing certain
single-tabbed bonding brackets in the airplane empennage with two-
tabbed bonding brackets. AD 2012-08-13 also requires, for certain
airplanes, installing new bonding jumpers, and measuring the resistance
of the modified installation to verify resistance is within specified
limits. AD 2012-08-13 refers to Boeing Service Bulletin 777-55A0010,
Revision 1, dated April 17, 2001; and Boeing Service Bulletin 777-
55A0014, Revision 1, dated April 1, 2010; as the appropriate sources of
service information for accomplishing the required actions.
    This proposed AD would require inspecting the installation of the
bonding jumpers associated with AD 2012-08-13, Amendment 39-17030 (77
FR 24357, April 24, 2012).

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information identified previously, except as discussed
under ``Differences Between the Proposed Rule and the Service
Information.''
    The phrase ``corrective actions'' might be used in this proposed
AD. ``Corrective actions'' are actions that correct or address any
condition found. Corrective actions in an AD could include, for
example, repairs.

Difference Between the Proposed Rule and the Service Bulletin

    Boeing Service Bulletin 777-27A0078, Revision 1, dated April 1,
2013, specifies to contact the manufacturer for instructions on how to
repair certain conditions, but this proposed AD would require repairing

those conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) whom we have
authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD affects 131 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection of bonding jumpers..  Up to 67 work-hours x                $0  Up to $5,695 per    Up to $746,045 per
                                  $85 per hour = Up to                     inspection cycle.   inspection cycle.
                                  $5,695 per inspection
                                  cycle.
Replacement of bonding brackets  Up to 158 work-hours x           37,928  Up to $51,358.....  Up to $6,727,898.
                                  $85 per hour = Up to
                                  $13,430.
Concurrent cost Boeing Service   66 work-hours x $85 per           2,668  $8,278............  $1,084,418.
 Bulletin 777-55A0010, Revision   hour = $5,610.
 1, dated April 17, 2001.
Concurrent cost Boeing Service   21 work-hours x $85 per           1,235  $3,020............  $395,620.
 Bulletin 777-55A0014, Revision   hour = $1,785.
 1, dated April 1, 2010.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements
that would be required based on the results of the proposed inspection.
We have no way of determining the number of aircraft that might need
these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                Action                          Labor cost           Parts cost           Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement of bonding brackets.......  Up to 158 work-hours x            $37,928  Up to $51,358.
                                         $85 per hour = Up to
                                         $13,430.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for certain on-condition repairs specified in this
proposed 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.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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):

The Boeing Company: Docket No. FAA-2013-0867; Directorate Identifier
2013-NM-115-AD.

(a) Comments Due Date

    We must receive comments by December 9, 2013.

(b) Affected ADs

    This AD affects AD 2012-08-13, Amendment 39-17030 (77 FR 24357,
April 24, 2012).

(c) Applicability

    This AD applies to the Boeing Company Model 777-200, -200LR, -
300, and -300ER series airplanes, certificated in any category, as
identified in Boeing Service Bulletin 777-27A0078, Revision 1, dated
April 1, 2013.

 (d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 27, Flight Controls.

(e) Unsafe Condition

    This AD was prompted by reports of severe corrosion on bonding
jumpers installed on the flight control surfaces. We are issuing
this AD to detect and correct corrosion on bonding jumpers installed
on the flight control surfaces, which, in the event of a lighting
strike, could damage the actuator control electronics (ACEs) and
result in the

loss of the ability to command individual flight control surfaces or
cause uncommanded motion of individual flight control surfaces.

(f) Compliance

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

(g) Bonding Jumper or Bracket Inspection

    At the applicable compliance time specified in paragraph 1.E.,
``Compliance,'' of Boeing Service Bulletin 777-27A0078, Revision 1,
dated April 1, 2013, except as specified in paragraphs (j)(1) and
(j)(2) of this AD: Do a general visual inspection or a detailed
inspection using a borescope, as applicable, for corrosion, sealant
disbond, and insufficient sealant coverage of bonding jumpers; and
do all applicable corrective actions; in accordance with Option 1,
and Option 2, as applicable, of the Accomplishment Instructions of
Boeing Service Bulletin 777-27A0078, Revision 1, dated April 1,
2013, except as required by paragraph (j)(3) of this AD. Do a
detailed inspection using a borescope if the horizontal stabilizer
tips have not been removed. Do all applicable corrective actions
before further flight. Repeat the inspection thereafter at intervals
not to exceed 48 months. Doing the actions specified in paragraph
(h)(1) of this AD on a bonding jumper terminates the repetitive
inspections required by this paragraph. Doing the actions specified
in paragraph (h)(2) of this AD terminates repetitive inspections
required by this paragraph for that bonding jumper.

(h) Optional Terminating Action and Termination of Certain Repetitive
Inspections

    (1) Doing a general visual inspection or a detailed inspection
for corrosion damage of the bonding jumper brackets, and all
applicable corrective actions; in accordance with Option 2 of the
Accomplishment Instructions of Boeing Service Bulletin 777-27A0078,
Revision 1, dated April 1, 2013; terminates the repetitive
inspections required by paragraph (g) of this AD. Do all applicable
corrective actions before further flight.
    (2) The repetitive inspections required by paragraph (g) of this
AD are not required on the bonding jumpers that were removed,
inspected, and replaced with new bonding jumpers and new fasteners
using the new category 2 fay sealed direct standard ground stud
installation method, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 777-27A0078, Revision 1,
dated April 1, 2013.

(i) Prior and Concurrent Requirements

    (1) For Group 1 airplanes, as identified in Boeing Service
Bulletin 777-27A0078, Revision 1, dated April 1, 2013: Prior to or
concurrently with accomplishing the actions required by paragraph
(g) of this AD, install new bonding jumpers, and do resistance
measurements of the modified installation to verify resistance is
within the limits specified in the Accomplishment Instructions of
Boeing Service Bulletin 777-55A0010, Revision 1, dated April 17,
2001. Do the actions in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 777-55A0010, Revision 1,
dated April 17, 2001.

    Note 1 to paragraph (i)(1) of this AD:  AD 2012-08-13, Amendment
39-17030 (77 FR 24357, April 24, 2012), refers to Boeing Service
Bulletin 777-55A0010, Revision 1, dated April 17, 2001, as the
appropriate source of service information for accomplishing the
actions specified in paragraph (h) of AD 2012-08-13.

    (2) For Group 1 and Group 2 airplanes, as identified in Boeing
Service Bulletin 777-27A0078, Revision 1, dated April 1, 2013: Prior
to or concurrently with accomplishing the actions required by
paragraph (g) of this AD, replace certain single-tabbed bonding
brackets in the airplane empennage with two-tabbed bonding brackets,
in accordance with the Accomplishment Instructions of Boeing Service
Bulletin 777-55A0014, Revision 1, dated April 1, 2010.

    Note 2 to paragraph (i)(2) of this AD: AD 2012-08-13, Amendment
39-17030 (77 FR 24357, April 24, 2012), refers to Boeing Service
Bulletin 777-55A0014, Revision 1, dated April 1, 2010, as the
appropriate source of service information for accomplishing the
actions specified in paragraph (g) of AD 2012-08-13.

(j) Exceptions to Service Information

    (1) Where Boeing Service Bulletin 777-27A0078, Revision 1, dated
April 1, 2013, specifies a compliance time after the ``Original
issue date of this service bulletin,'' this AD requires compliance
within the specified compliance time after the effective date of
this AD.
    (2) The ``Condition'' column in paragraph 1.E., ``Compliance,''
of Boeing Service Bulletin 777-27A0078, Revision 1, dated April 1,
2013, refers to a condition as of the ``Original Issue date of this
service bulletin.'' This AD applies to the corresponding condition
as of the effective date of this AD.
    (3) If any corrosion damage is found during any inspection
required by this AD, and Boeing Service Bulletin 777-27A0078,
Revision 1, dated April 1, 2013, specifies to contact Boeing for
appropriate action: Before further flight, repair the corrosion
damage using a method approved in accordance with the procedures
specified in paragraph (l) of this AD.

(k) Credit for Previous Actions

    (1) For Groups 1, 2, and 6 through 9, as identified in Boeing
Alert Service Bulletin 777-27A0078, dated September 10, 2009: This
paragraph provides credit for actions required by paragraph (g) of
this AD and the actions specified in paragraph (h) of this AD, if
those actions were performed before the effective date of this AD
using Boeing Alert Service Bulletin 777-27A0078, dated September 10,
2009, which is not incorporated by reference in this AD.
    (2) For Groups 3 through 5, as identified in Boeing Alert
Service Bulletin 777-27A0078, dated September 10, 2009: This
paragraph provides credit for actions required by paragraph (g) of
this AD, except for the actions required for bonding jumpers 21 and
22, if those actions were performed before the effective date of
this AD using Boeing Alert Service Bulletin 777-27A0078, dated
September 10, 2009, which is not incorporated by reference in this
AD. If a check of the airplane's maintenance records positively
determines that bonding jumpers 21 and 22 were inspected before the
effective date of this AD in accordance with Option 1 of Work
Package 3 of the Accomplishment Instructions of Boeing Alert Service
Bulletin 777-27A0078, dated September 10, 2009, this paragraph
provides credit for the actions required by paragraph (g) of this AD
for the inspected bonding jumpers.
    (3) For Groups 3 through 5, as identified in Boeing Alert
Service Bulletin 777-27A0078, dated September 10, 2009: This
paragraph provides credit for actions specified in paragraph (h) of
this AD, if those actions were performed before the effective date
of this AD using Boeing Alert Service Bulletin 777-27A0078, dated
September 10, 2009, which is not incorporated by reference in this
AD; provided that a check of the airplane's maintenance records
positively determines that bonding jumpers 21 and 22 were replaced
in accordance with Option 2 of Work Package 3 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 777-27A0078, dated
September 10, 2009, or were replaced using the new Category 2 fay
sealed direct ground stud installation method.
    (4) This paragraph provides credit for actions required by
paragraph (i)(1) of this AD if those actions were performed before
the effective date of this AD using Boeing Alert Service Bulletin
777-55A0010, dated October 26, 2000, which is not incorporated by
reference in this AD.
    (5) This paragraph provides credit for actions required by
paragraph (i)(2) of this AD if those actions were performed before
the effective date of this AD using Boeing Alert Service Bulletin
777-55A0014, dated May 8, 2008, which is not incorporated by
reference in this AD.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (m) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your Principal
Maintenance Inspector or Principal Avionics Inspector, as
appropriate, or lacking a principal inspector, your local Flight
Standards District Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes ODA that has been authorized by the
Manager, Seattle ACO, to make those findings. For a repair method to
be approved, the repair must meet the certification basis of the
airplane, and the approval must specifically refer to this AD.

(m) Related Information

    (1) For more information about this AD, Georgios Roussos,
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, Seattle
Aircraft Certification Office, FAA, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on October 15, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-25134 Filed 10-24-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: June 20, 2008 (Volume 73, Number 120)]
[Notices]
[Page 35131]
[DOCID:fr20jn08-46]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OA07-38-001]

Southern Company Services, Inc.; Notice of Filing

June 13, 2008.
    Take notice that on May 14, 2008, Southern Company Services, Inc.,
acting as agent for Alabama Power Company, Georgia Power Company, Gulf
Power Company, and Mississippi Power Company, tendered for filing
revised tariff sheet in compliance with Commission's April 14 Order.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on June 23, 2008.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-13947 Filed 6-19-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Notices]
[Pages 34771-34774]
[FR Doc No: 2020-12277]

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

[Release No. 34-88994; File No. SR-ISE-2020-21]

Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Further Extend
the Deadline for Certain Written Supervisory-Related Reports Pursuant
to Options 10, Section 7 (Supervision of Accounts)

June 2, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 1, 2020, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed with
the Securities and Exchange Commission (``SEC'' or ``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to further extend the filing requirements for
certain written reports pursuant to Options 10, Section 7, currently
due June 1, 2020, to June 30, 2020.
    The text of the proposed rule change is available on the Exchange's
website at http://ise.cchwallstreet.com/, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements

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

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

1. Purpose
    Given current market conditions, the Exchange proposes to provide
its members temporary relief from filing certain supervision-related
reports pursuant to Options 10, Section 7 (Supervision of Accounts).\3\
---------------------------------------------------------------------------

    \3\ The Exchange notes that ISE Options 10, including Section 7,
is incorporated by reference into the rulebooks of Nasdaq GEMX, LLC
(``GEMX'') and Nasdaq MRX, LLC (``MRX''). As such, the amendments to
ISE Options 10, Section 7 proposed herein will also impact GEMX and
MRX Options 10, Section 7.
---------------------------------------------------------------------------

    In December 2019, COVID-19 began to spread and disrupt company
operations and supply chains and impact consumers and investors,
resulting in a dramatic slowdown in production and spending.\4\ By
March 11, 2020, the World Health Organization characterized COVID-19 as
a pandemic.\5\ To slow the spread of the disease, federal and state
officials implemented social-distancing measures, placed significant
limitations on large gatherings, limited travel, and closed non-
essential businesses. These measures have affected the U.S. markets.\6\
In the United States, Level 1 market wide circuit breaker halts were
triggered on March 9, March 12, March 16, and March 18, 2020. While
markets have seen significant declines, governments around the world
are undertaking efforts to stabilize the economy and assist affected
companies and their employees.\7\ State governments have only recently
relaxed some social distancing measures and permitted the limited
reopening of non-essential businesses. Significant uncertainty remains.
---------------------------------------------------------------------------

    \4\ See, e.g., Chairman Jay Clayton, Proposed Amendments to
Modernize and Enhance Financial Disclosures; Other Ongoing
Disclosure Modernization Initiatives; Impact of the Coronavirus;
Environmental and Climate-Related Disclosure (Jan. 30, 2020),
available at https://www.sec.gov/news/public-statement/clayton-mda-2020-01-30. (``Yesterday, I asked the staff to monitor and, to the
extent necessary or appropriate, provide guidance and other
assistance to issuers and other market participants regarding
disclosures related to the current and potential effects of the
coronavirus. We recognize that such effects may be difficult to
assess or predict with meaningful precision both generally and as an
industry- or issuer-specific basis. This is an uncertain issue where
actual effects will depend on many factors beyond the control and
knowledge of issuers.'').
    \5\ See WHO Director-General's Opening Remarks at the Media
Briefing on COVID-19 (March 11, 2020), available at https://www.who.int/dg/speeches/detail/who-director-general-s-opening-remarks-at-the-media-briefing-on-covid-19---11-march-2020.
    \6\ ``Analysts showed that we saw the fastest `correction' in
history (down 10% from a high), occurring in a matter of days. In
the last week of February, the Dow fell 12.36% with notional trading
of $3.6 trillion.'' See Phil Mackintosh, Putting the Recent
Volatility in Perspective, available at https://www.nasdaq.com/articles/putting-the-recent-volatility-in-perspective-2020-03-05.
    \7\ See, e.g., the list of actions undertaken by the Board of
Governors of the Federal Reserve System at https://www.federalreserve.gov/covid-19.htm. See also Families First
Coronavirus Response Act, Public Law 116-127.
---------------------------------------------------------------------------

    Amidst this continued and unprecedented market uncertainty, the
Exchange sought to address potential challenges that members may face
in timely meeting their obligations to submit to the Exchange annual
supervision-related reports under Options 10, Sections 7(g) and (h)
(``Supervision Reporting Requirements''), especially in light of
unforeseen and uncertain demands on resources required to respond to
COVID-19. Options 10, Section 7(g) requires each Exchange member that
conducts a non-member customer business to submit to the Exchange a
written report on the member's supervision and compliance effort during
the preceding year and on the adequacy of the member's ongoing
compliance processes and procedures. Each member that conducts a public
customer options business is also required to specifically include its
options compliance program in the report.\8\ The Section 7(g) report is
due on April 1 of each year. Options 10, Section 7(h) requires that
each member submit, by April 1 of each year, a copy of the Section 7(g)
report to one or more control persons or, if the member has no control
person, to the audit committee of its board of directors or its
equivalent committee or group.\9\
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    \8\ The report shall include, but not be limited to, the
information set out in Options 10, Section 7(g)(1)-(6).
    \9\ See Options 10, Section 7(h) for the meaning of the term
``control person'' and requirements in the case of a control person
that is an organization.
---------------------------------------------------------------------------

    On March 31, 2020, the Exchange filed a proposal to temporarily
extend the filing requirements for these annual supervision-related
reports from April 1, 2020 to June 1, 2020.\10\ In light of the
continued market uncertainty, the Exchange is again seeking to address
potential challenges that members may face in timely meeting their
obligations to submit to the Exchange annual supervision-related
reports. Accordingly, the Exchange proposes to provide additional,
temporary relief for members from the Supervision Reporting
Requirements by further extending the June 1, 2020 filing deadlines
described above to June 30, 2020. The Exchange believes that this
additional, temporary relief will permit members to continue to focus
on running their businesses and the health crisis caused by the COVID-
19 pandemic, including its impact on their employees, customers, and
communities.
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    \10\ See Securities Exchange Act Release No. 88827 (March 31,
2020), 85 FR 19190 (April 6, 2020) (Notice of Filing and Immediate
Effectiveness of Proposed Rule Change To Temporarily Extend Certain
Filing Requirement).
---------------------------------------------------------------------------

    The Exchange notes that in response to COVID-19, the Financial
Industry Reporting Authority (``FINRA'') recently reissued temporary
relief for member firms by, among other things, extending the deadline
for submitting its supervision-related reports (FINRA Rule 3120 Report
and FINRA Rule 3130 certification) from its initial extension deadlines
of June 1, 2020 \11\ to June 30, 2020.\12\ The Exchange notes, too,
that at least one other options exchange that had previously extended
the supervisory report deadlines from April 1 to June 1 for its
members,\13\ also plans to submit a similar filing to, again, extend
its deadlines through June 30, 2020. In light of these deadline
extensions, the Exchange believes that extending its deadline would
avoid unnecessary confusion and added burden among entities that are
members of both the Exchange and FINRA because the deadline to submit
supervisory reports would remain uniform.
---------------------------------------------------------------------------

    \11\ See FINRA Regulatory Notice 20-08 (March 9, 2020) available
at https://www.finra.org/rules-guidance/notices/20-08.
    \12\ See FINRA Regulatory Notice 20-08, FAQs, Supervision (May
19, 2020) available at https://www.finra.org/rules-guidance/key-topics/covid-19/faq#supe.
    \13\ See Securities Exchange Act No. 88528 (March 31, 2020), 85
FR 19196 (April 6, 2020) (SR-CBOE-2020-029).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\14\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\15\ in particular, in that it is designed to
promote just and equitable principles of trade; to remove impediments
to and perfect the mechanism of a free and

open market and a national market system; and, in general to protect
investors and the public interest. As a result of continued uncertainty
related to the ongoing spread of the COVID-19 virus, the U.S. exchanges
are experiencing unprecedented market volatility. The proposed rule
change would allow the Exchange to continue to provide temporary relief
for members from the Supervision Reporting Requirements, which were
amended once already to require members to provide written reports to
the Exchange by June 1, 2020, and further extend that deadline to June
30, 2020. The Exchange believes that this additional, temporary relief
is necessary and appropriate in the public interest, and consistent
with the protection of investors, given the unforeseen and uncertain
challenges, including business continuity implementation and market
volatility, posed by COVID-19 to members that must comply with the
Supervision Reporting Requirements. The Exchange also believes that it
is necessary and appropriate in the public interest, and consistent
with the protection of investors, because FINRA has also re-extended
the time for its members to file supervision-related reports from June
1, 2020 to June 30, 2020.\16\ Additionally, as indicated above, at
least one other options exchange that had previously extended the
supervisory report deadlines from April 1 to June 1 for its
members,\17\ plans to submit a similar filing to re-extend its
deadlines through June 30, 2020. Extending the deadline, therefore,
will ensure that those entities that are members of both FINRA and the
Exchange have a uniform deadline to submit their supervisory reports.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
    \16\ See supra note 12.
    \17\ See supra note 13.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change is not
designed to address any competitive issues but rather to provide
temporary relief for all members that are required to comply with the
Supervision Reporting Requirements.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \18\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\19\
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    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \20\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \21\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has requested that the Commission waive the 30-day operative delay so
that the proposed rule change may become operative upon filing. The
Commission notes that the proposed rule change would allow the
Exchange, in light of the COVID-19 pandemic, to provide temporary
relief for members by extending the deadline for written reports
pursuant to the Supervision Reporting Requirements from June 1, 2020 to
June 30, 2020. This is consistent with the extension FINRA has provided
its members for supervision-related reports and certifications required
pursuant to FINRA Rule 3120 and FINRA Rule 3130 \22\ and the extension
for certain supervision-related reports Cboe Exchange, Inc. has
provided its trading permit holders.\23\ The Commission believes that
waiver of the 30-day operative delay is consistent with the protection
of investors and the public interest. Accordingly, the Commission
hereby waives the operative delay and designates the proposed rule
change operative upon filing.\24\
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    \20\ 17 CFR 240.19b-4(f)(6).
    \21\ 17 CFR 240.19b-4(f)(6)(iii).
    \22\ See supra note 12.
    \23\ See Securities Exchange Act Release No. 88978 (June 1,
2020) (SR-CBOE-2020-049).
    \24\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2020-21 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-ISE-2020-21. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from

comment submissions. You should submit only information that you wish
to make available publicly. All submissions should refer to File Number
SR-ISE-2020-21 and should be submitted on or before June 29, 2020.
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    \25\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-12277 Filed 6-5-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Notices]
[Pages 70310-70311]
[FR Doc No: 2010-28892]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63285; File No. SR-BX-2010-074]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Modify
Fees for the NASDAQ OMX BX Equities System

November 9, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 27, 2010, NASDAQ OMX BX, Inc. (``BX'') 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 BX. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    BX proposes to modify pricing for BX members using the NASDAQ OMX
BX Equities System. BX will implement the proposed change on November
1, 2010. The text of the proposed rule change is available at http://nasdaqomxbx.cchwallstreet.com, at BX's principal office, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    BX is proposing to modify its fees for trades that execute at
prices at or above $1.
    BX has a pricing model under which members are charged for the
execution

of quotes/orders posted on the BX book (i.e., quotes/orders that
provide liquidity), while providing a rebate to orders that access
liquidity. Currently, the charge to provide liquidity is $0.0003 per
share executed, while the rebate for accessing liquidity is $0.0001 per
share executed. Effective November 1, 2010, BX will increase the rebate
for accessing liquidity to $0.0002 per share executed. In addition, BX
will introduce a tiered pricing structure for the fee to add liquidity,
under which members adding a daily average of more than 50 million
shares of liquidity during a month will be charged $0.00025 per share
executed, while members adding a daily average of 50 million or fewer
shares during the month will be charged $0.0004 per share executed.
Thus, while the fee change will result in a small fee increase for
members providing low volumes of liquidity on BX, it will reduce fees
charged to members providing higher volumes of liquidity and members
accessing liquidity. The fee changes are reflective of the ongoing
intense level of competition for order flow in the cash equities
markets.\3\
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    \3\ See, e.g., Securities Exchange Act Release No. 63053
(October 6, 2010), 75 FR 63237 (October 14, 2010) (SR-EDGA-2010-14);
Securities Exchange Act Release No. 63054 (October 6, 2010), 75 FR
63227 (October 14, 2010) (SR-EDGX-2010-13); Securities Exchange Act
Release No. 63149 (October 21, 2010), 75 FR 66180 (October 27, 2010)
(SR-BYX-2010-004).
---------------------------------------------------------------------------

2. Statutory Basis
    BX believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\4\ in general, and with Section
6(b)(4) of the Act,\5\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system
which BX operates or controls. The impact of the price changes upon the
net fees paid by a particular market participant will depend upon a
number of variables, including the relative availability of liquidity
on BX and other venues, the prices of the market participant's quotes
and orders relative to the national best bid and offer (i.e., its
propensity to add or remove liquidity), and the volume of liquidity
provided by the member.
---------------------------------------------------------------------------

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

    BX notes that it operates in a highly competitive market in which
market participants can readily direct order flow to competing venues
if they deem fee levels at a particular venue to be excessive.
Accordingly, if particular market participants object to the proposed
fee changes, they can avoid paying the fees by directing orders to
other venues. BX believes that its fees continue to be reasonable and
equitably allocated to members on the basis of whether they opt to
direct orders to BX.

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

    BX does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. Because the market
for order execution and routing is extremely competitive, members may
readily direct orders to BX's competitors if they object to the
proposed rule change.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\6\ At any time within 60 days of the filing
of the proposed rule change, the Commission summarily may temporarily
suspend such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(a)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BX-2010-074 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2010-074. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 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 will also be available for
inspection and copying at the principal office of the self-regulatory
organization. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-BX-
2010-074 and should be submitted on or before December 8, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-28892 Filed 11-16-10; 8:45 am]
BILLING CODE 8011-01-P