[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Notices]
[Pages 72955-72956]
[FR Doc No: 2021-27778]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD20-22-000]

Notice of Availability of Final Engineering Guidelines for the
Evaluation of Hydropower Projects: Chapter 17--Potential Failure Mode
Analysis

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared a final ``Chapter 17--Potential Failure Mode
Analysis'' of its Engineering Guidelines for the Evaluation of
Hydropower Projects (Guidelines). This chapter supersedes the portions
of ``Chapter 14--Dam Safety Performance Monitoring Program'' that
pertain to Potential Failure Mode Analysis, and is one of four new
chapters of the Guidelines intended to provide additional guidance
related to 18 CFR part 12, Safety of Water Power Projects and Project
Works, Docket No. RM20-9-000, Order No 880, issued by the Commission on
December 16, 2021.
    On July 16, 2020, the Commission issued a Notice of Proposed
Rulemaking (NOPR) to revise its part 12 regulations. On the same day,
the Commission solicited public review and comment on four new draft
chapters of its Guidelines. Draft Chapter 17 was part of that issuance.
    The Commission received eight comment letters in response to draft
Chapter 17. Most of the comments were submitted by licensees and
individuals through trade associations, including National Hydropower
Association, Dam Safety Interest Group of CEATI International, and US
Society on Dams, as well as the US Army Corps of Engineers. Comments
were also received from individual licensees, corporations, and
individuals, including David L. Mathews, City of North Little Rock
Electric, Central Nebraska Public Power and Irrigation District, and
Upper Peninsular Power Company.
    In all, the eight comment letters consisted of over 180 discrete
comments. The comments received were varied and ranged from requesting
clarification of the overall purpose and approach to a Potential
Failure Mode Analysis (PFMA) to questions regarding implementation and
execution of this revised process. Commenters requested clarification
of procedural aspects of performing a potential failure mode analysis
and suggested improvements to the potential failure mode process and
procedures. Commenters asked the Commission to:
     Consider whether the PFMA process should take more
advantage of potential failure modes and information collected from
previously performed PFMA workshops;
     Consider integrating the PFMA process and the risk
analysis process described in Chapter 18 of the Engineering Guidelines;
     Provide additional guidance to help bound the expanded
definition of ``failure'' as it could create a limitless combination of
potential failure modes;
     Provide additional emphasis and guidance to ensure the
PFMA team understands how the project works as a system prior to
conducting the brainstorming session;
     Provide additional guidance on identifying and screening
potential failure modes, including damage state potential failure
modes; and
     Provide additional guidance on the qualifications and
roles of the PFMA core team members.
    Commission staff has considered all comments in finalizing Chapter
17 of the Engineering Guidelines. Based on the comments received,
Chapter 17 has been revised to:
     Clarify the application of PFMAs for design and
construction projects;
     Clarify the qualifications and roles of a PFMA
facilitator;
     Clarify the PFMA brainstorming session and provide
additional guidance on the PFMA screening processes;
     Provide additional guidance on financial/damage state and
asset management potential failure mode categories; and
     Add a new appendix to provide guidance on an approach for
evaluating complex systems as part of a PFMA.
    All information related to ``Chapter 17--Potential Failure Mode
Analysis,'' including the draft chapter, all submitted comments, and
the final chapter, can be found on the FERC website (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., AD20-22). Be sure you have selected
an appropriate date range. The Commission also 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 electronic notification of these filings and direct
links to the documents. Go to the Commission's website (www.ferc.gov),
select the FERC Online option from the left-hand column, and click on
eSubscription. Users must be registered in order to use eSubscription.
    The final version of Chapter 17 is also available on the
Commission's Division of Dam Safety and Inspections website at:
Engineering Guidelines for the Evaluation of Hydropower Projects
 Federal Energy Regulatory Commission (ferc.gov).

Information Collection Statement

    Chapter 17 includes information collection activities for which the
Paperwork Reduction Act, 44 U.S.C. 3501-3521, requires approval by the
Office of Management and Budget (OMB). The Commission has included the
burden and cost estimates for information collection activities related
to this chapter in the rulemaking document (Docket No. RM20-9-000,
Order No. 880. The Commission has designated the information collection
activities in the rule as FERC-517. Upon final approval of FERC-517,
OMB will assign an OMB Control Number and expiration date.
    Send written comments on FERC-517 to the Office of Management and
Budget (OMB) through www.reginfo.gov/public/do/PRAMain, Attention:
Federal Energy Regulatory Commission Desk Officer. Please identify the
OMB control number

(1902-TBD) in the subject line. Your comments should be sent within 30
days of publication of this notice in the Federal Register. OMB
submissions must be formatted and filed in accordance with submission
guidelines at www.reginfo.gov/public/do/PRAMain. Using the search
function under the ``Currently Under Review field,'' select Federal
Energy Regulatory Commission; click ``submit'' and select ``comment''
to the right of the subject collection.
    For assistance with any of the Commission's online systems, please
contact FERC Online Support at ferc.gov">[email protected]ferc.gov or toll free
at<PHONE_NUMBER>, or for TTY, contact<PHONE_NUMBER>.

    Dated: December 16, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-27778 Filed 12-22-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 148 (Tuesday, August 2, 2016)]
[Rules and Regulations]
[Pages 50622-50624]
[FR Doc No: 2016-18339]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0416]
RIN 1625-AA00

Safety Zone; Chesapeake Bay, Cape Charles, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters in the vicinity of the inlet of Kings Creek, on the
Chesapeake Bay. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards associated
with a fireworks display, which include accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris. Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port Hampton Roads.

DATES: This rule is effective from 8:30 p.m. on August 6, 2016, through
10:30 p.m. on August 7, 2016. This rule will be enforced from 8:30 p.m.
through 10:30 p.m. on August 6, 2016, unless the fireworks display is
postponed because of adverse weather, in which case this rule will be
enforced from 8:30 p.m. through 10:30 p.m. on August 7, 2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0416 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Barbara Wilk, Waterways Management Division Chief,
Sector Hampton Roads, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. It is impracticable for us to publish an
NPRM because information about the fireworks was received by the Coast
Guard without sufficient time to publish a proposed rule and consider
comments on it and then issue an effective rule by August 6, 2016. The
Coast Guard will provide advance notifications to users of the affected
waterway via marine information broadcasts and local notice to
mariners.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds good cause for
making it effective less than 30 days after publication in the Federal
Register. The restriction on vessel traffic is necessary to protect
life, property and the environment, on the scheduled day and rain date
for the fireworks display when there are expected to be more than 2,000
spectators present. Therefore, due to the need to have a rule effective
starting August 6, it is impracticable to delay the effective date of
this rule until 30 days after it is published. Delaying the effective
date would be contrary to the safety zone's intended objectives of
protecting persons and vessels, and enhancing public and maritime
safety.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Hampton Roads (COTP) has determined that
potential hazards associated with fireworks display starting on August
6, 2016, with a rain date of August 7, 2016, will be a safety concern
for anyone within a 280 foot radius of the launching site. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone during the fireworks display.
The potential hazards to mariners within the safety zone include
accidental discharge of fireworks, dangerous projectiles, and falling
hot embers or other debris.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8:30 p.m. through 10:30
p.m. on August 6, 2016, with a rain date of August 7, 2016. This rule
will only be subject to enforcement on August 7, 2016, if the scheduled
August 6 fireworks display is postponed because of adverse weather. The
safety zone will encompass all navigable waters of the of the inlet of
Kings Creek, on the Chesapeake Bay, within a 280 foot radius of the
fireworks launch site in approximate position 37[deg]16'53'' N.,
076[deg]00'42'' W. (NAD 1983). The duration of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters during the fireworks display. No vessel or person will
be permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive order related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of the Chesapeake Bay in Cape Charles,
VA for one hour. Moreover, the Coast Guard will issue Broadcast Notice
to Mariners via VHF-FM marine channel 16 about the zone and the rule
allows vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.

The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not
have a significant economic impact on a substantial number of small
entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone lasting two hours that will prohibit entry
in all navigable waters within a 280 foot radius of the launching site.
It is categorically excluded from further review under paragraph 34(g)
of Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add, under the undesignated center heading Fifth Coast Guard
District, temporary Sec.  165.T05-0416 to read as follows:

Sec.  165.T05-0416  Safety Zone, Chesapeake Bay; Cape Charles, VA.

    (a) Definitions. For the purposes of this section--
    ``Captain of the Port'' means the Commander, Sector Hampton Roads.
    ``Participants'' means individuals and vessels involved in
explosives training.
    ``Representative'' means any Coast Guard commissioned, warrant or
petty officer who has been authorized to act on the behalf of the
Captain of the Port.
    (b) Location. The following area is a safety zone: All waters in
the vicinity of the of the inlet of Kings Creek, on the Chesapeake Bay,
within a 280 foot radius of the fireworks launch site in approximate
position 37[deg]16'53'' N., 076[deg]00'42'' W. (NAD 1983).
    (c) Regulations. (1) The general regulations governing safety zones
in Sec.  165.23, apply to the area described in paragraph (b) of this
section.
    (2) With the exception of participants, entry into or remaining in
this safety zone is prohibited unless authorized by the Captain of the
Port, Hampton Roads or his designated representatives.
    (3) All vessels underway within this safety zone at the time it is
implemented are to depart the zone immediately.
    (4) The Captain of the Port, Hampton Roads or his representative
can be contacted at telephone number<PHONE_NUMBER>.
    (5) The Coast Guard and designated security vessels enforcing the
safety zone can be contacted on VHF-FM marine band radio channel 13
(165.65Mhz) and channel 16 (156.8 Mhz).
    (6) This section applies to all persons or vessels wishing to
transit through the safety zone except participants and vessels that
are engaged in the following operations: Enforcing laws, servicing aids
to navigation, and emergency response vessels.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and

enforcement of the safety zone by Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced from 8:30
p.m. through 10:30 p.m. on August 6, 2016, with a rain date on August
7, 2016.

    Dated: July 19, 2016.
Richard J. Wester,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2016-18339 Filed 8-1-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Proposed Rules]
[Pages 50808-50810]
[FR Doc No: 2015-20756]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. FAA-2015-3464; Notice No. 23-15-04-SC]

Special Conditions: Cirrus Aircraft Corporation, SF50; Auto
Throttle.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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

SUMMARY: This action proposes special conditions for the Cirrus
Aircraft Corporation Model SF50 airplane. This airplane will have a
novel or unusual design feature(s) associated with installation of an
Auto Throttle System. The applicable airworthiness regulations do not
contain adequate or appropriate safety standards for this design
feature. These proposed special conditions contain the additional
safety standards that the Administrator considers necessary to
establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: Send your comments on or before October 5, 2015.

ADDRESSES: Send comments identified by docket number FAA-2015-3464
using any of the following methods:
    [ssquf] Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
    [ssquf] Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
    [ssquf] Hand Delivery of Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m., and 5 p.m.,
Monday through Friday, except Federal holidays.
    [ssquf] Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://regulations.gov, including any personal information
the commenter provides. Using the search function of the docket Web
site, anyone can find and read the electronic form of all comments
received into any FAA docket, including the name of the individual
sending the comment (or signing the comment for an association,
business, labor union, etc.). DOT's complete Privacy Act Statement can
be found in the Federal Register published on April 11, 2000 (65 FR
19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m., and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jeff Pretz, FAA, Regulations and
Policy Branch, ACE-111, Small Airplane Directorate, Aircraft
Certification Service, 901 Locust; Kansas City, Missouri 64106;
telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data. We ask
that you send us two copies of written comments.
    We will consider all comments we receive on or before the closing
date for comments. We will consider comments filed late if it is
possible to do so without incurring expense or delay. We may change
these special conditions based on the comments we receive.

Background

    On September 9, 2008, Cirrus Aircraft Corporation applied for a
type certificate for their new Model SF50. On December 11, 2012 Cirrus
elected to adjust the certification basis of the SF50 to include 14 CFR
part 23 through amendment 62. The SF50 is a low-wing, 7-seat (5 adults
and 2 children), pressurized, retractable gear, carbon composite
airplane with one turbofan engine mounted partially in the upper aft
fuselage. It is constructed largely of carbon and fiberglass composite
materials. Like other Cirrus products, the SF50 includes a
ballistically deployed airframe parachute. The SF50 has a maximum
operating altitude of 28,000 feet and the maximum takeoff weight will
be at or below 6,000 pounds with a range at economy cruise of roughly
1,000 nautical miles.

    Current part 23 airworthiness regulations do not contain
appropriate safety standards for an Auto Throttle System (ATS)
installation; therefore, special conditions are required to establish
an acceptable level of safety. Part 25 regulations contain appropriate
safety standards for these systems, making the intent for this project
to apply the language in Sec.  25.1329 for the auto throttle, while
substituting Sec.  23.1309 and Sec.  23.143 in place of the similar
part 25 regulations referenced in Sec.  25.1329. In addition,
malfunction of the ATS to perform its intended function shall be
evaluated per the Loss of Thrust Control (LOTC) criteria established
under part 33 for electronic engine controls. An analysis must show
that no single failure or malfunction or probable combinations of
failures of the ATS will permit the LOTC probability to exceed those
established under part 33 for an electronic engine control.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Cirrus must show that the
Model SF50 meets the applicable provisions of part 23, as amended by
amendments 23-1 through 23-62 thereto.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 23) do not contain adequate or
appropriate safety standards for the SF50 because of a novel or unusual
design feature, special conditions are prescribed under the provisions
of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same or similar
novel or unusual design feature, the special conditions would also
apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the SF50 must comply with the fuel vent and exhaust
emission requirements of 14 CFR part 34 and the noise certification
requirements of 14 CFR part 36 and the FAA must issue a finding of
regulatory adequacy under Sec.  611 of Public Law 92-574, the Noise
Control Act of 1972.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The SF50 will incorporate the following novel or unusual design
features: An ATS as part of the automatic flight control system. The
ATS utilizes a Garmin ``smart'' autopilot servo with a physical
connection to the throttle quadrant control linkage. The auto throttle
may be controlled by the pilot with an optional auto throttle control
panel adjacent to the throttle lever. The auto throttle also provides
an envelope protection function which does not require installation of
the optional control panel.

Discussion

    Part 23 currently does not sufficiently address auto throttle (also
referred to as auto thrust) technology and safety concerns. Therefore,
special conditions must be developed and applied to this project to
ensure an acceptable level of safety has been obtained. For approval to
use the ATS during flight, the SF50 must demonstrate compliance to the
intent of the requirements of Sec.  25.1329, applying the appropriate
part 23 references to Sec.  23.1309 (to include performing a functional
hazard assessment or system safety assessment to determine the
applicable Software and Airborne Electronic Hardware assurance levels,
and compliance to DO-178C & DO-254, as required) and Sec.  23.143.
    In addition, a malfunction of the ATS to perform its intended
function is an LOTC event, and may result in a total loss of thrust
control, transients, or uncommanded thrust changes. The classification
of the failure condition for an LOTC event on a Class II single-engine
aircraft is hazardous for aircraft that stall at or below 61 knots.
From publication AC 23.1309-1E, based upon failure probability values
shown in Figure 2, an LOTC event would have to meet a probability of
failure value not to exceed 1X10-6. In-service data for LOTC
in single-engine turbine aircraft shows LOTC events exceed this
probability; therefore, part 33 requirements for engine control
probabilities will be accepted for the part 23 LOTC requirement.
    The probabilities of failure for an LOTC event on a turbine engine
shall not exceed the following (see AC33.28-1 and ANE-1993-33.28TLD-R1
for further guidance):
    1. Average Events per Million Hours: 10 (1X10-05 per
hour).
    2. Maximum Events per Million Hours: 100 (1X10-04 per
hour).

    Note:  The maximum events per flight hour are intended for Time
Limited Dispatch (TLD) operation where the risk exposure is
mitigated by limiting the time in which the aircraft is operated in
the degraded condition.

Applicability

    As discussed above, these special conditions are applicable to the
Model SF50. Should Cirrus apply at a later date for a change to the
type certificate to include another model incorporating the same novel
or unusual design feature, the special conditions would apply to that
model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one model of airplanes. It is not a rule of general applicability.

List of Subjects in 14 CFR Part 23

    Aircraft, Aviation safety, Signs and symbols.

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the
following special conditions as part of the type certification basis
for Cirrus Aircraft Corporation Model SF50 airplanes.
    1. Certification of auto throttle system under part 23.
    (a) Quick disengagement controls for the auto thrust functions must
be provided for each pilot. The auto thrust quick disengagement
controls must be located on the thrust control levers. Quick
disengagement controls must be readily accessible to each pilot while
operating the thrust control levers.
    (b) The effects of a failure of the system to disengage the auto
thrust functions when manually commanded by the pilot must be assessed
in accordance with the requirements of Sec.  23.1309.
    (c) Engagement or switching of the flight guidance system, a mode,
or a sensor may not cause the auto thrust system to affect a transient
response that alters the airplane's flight path any greater than a
minor transient, as defined in paragraph (l)(1) of this section.
    (d) Under normal conditions, the disengagement of any automatic
control function of a flight guidance system may not cause a transient
response of the airplane's flight path any greater than a minor
transient.
    (e) Under rare normal and non-normal conditions, disengagement of
any automatic control function of a flight guidance system may not
result in a transient any greater than a significant transient, as
defined in paragraph (l)(2) of this section.
    (f) The function and direction of motion of each command reference

control, such as heading select or vertical speed, must be plainly
indicated on, or adjacent to, each control if necessary to prevent
inappropriate use or confusion.
    (g) Under any condition of flight appropriate to its use, the
flight guidance system may not produce hazardous loads on the airplane,
nor create hazardous deviations in the flight path. This applies to
both fault-free operation and in the event of a malfunction, and
assumes that the pilot begins corrective action within a reasonable
period of time.
    (h) When the flight guidance system is in use, a means must be
provided to avoid excursions beyond an acceptable margin from the speed
range of the normal flight envelope. If the airplane experiences an
excursion outside this range, a means must be provided to prevent the
flight guidance system from providing guidance or control to an unsafe
speed.
    (i) The flight guidance system functions, controls, indications,
and alerts must be designed to minimize flight crew errors and
confusion concerning the behavior and operation of the flight guidance
system. Means must be provided to indicate the current mode of
operation, including any armed modes, transitions, and reversions.
Selector switch position is not an acceptable means of indication. The
controls and indications must be grouped and presented in a logical and
consistent manner. The indications must be visible to each pilot under
all expected lighting conditions.
    (j) Following disengagement of the auto thrust function, a caution
(visual and auditory) must be provided to each pilot.
    (k) During auto thrust operation, it must be possible for the
flight crew to move the thrust levers without requiring excessive
force. The auto thrust may not create a potential hazard when the
flight crew applies an override force to the thrust levers.
    (l) For purposes of this section, a transient is a disturbance in
the control or flight path of the airplane that is not consistent with
response to flight crew inputs or environmental conditions.
    (1) A minor transient would not significantly reduce safety margins
and would involve flight crew actions that are well within their
capabilities. A minor transient may involve a slight increase in flight
crew workload or some physical discomfort to passengers or cabin crew.
    (2) A significant transient may lead to a significant reduction in
safety margins, an increase in flight crew workload, discomfort to the
flight crew, or physical distress to the passengers or cabin crew,
possibly including non-fatal injuries. Significant transients do not
require, in order to remain within or recover to the normal flight
envelope, any of the following:
    i. Exceptional piloting skill, alertness, or strength.
    ii. Forces applied by the pilot which are greater than those
specified in Sec.  23.143(c).
    iii. Accelerations or attitudes in the airplane that might result
in further hazard to secured or non-secured occupants.
    Cirrus must also demonstrate, through tests and analysis, that no
single failure or malfunction or probable combinations of failures of
the auto thrust system components results in the probability for LOTC,
or un-commanded thrust changes and transients that result in an LOTC
event, to exceed the following:
    1. Average Events per Million Hours: 10 (1X10-05 per
hour)
    2. Maximum Events per Million Hours: 100 (1X10-04 per
hour)

    Note: The term ``probable'' in the context of ``probable
combination of failures'' does not have the same meaning as used for
a safety assessment process. The term ``probable'' in ``probable
combination of failures'' means ``foreseeable,'' or those failure
conditions anticipated to occur one or more times during the
operational life of each airplane.

    Issued in Kansas City, Missouri, on August 13, 2015.
Earl Lawrence,
Manger, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2015-20756 Filed 8-20-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 167 (Friday, August 28, 2015)]
[Notices]
[Pages 52363-52364]
[FR Doc No: 2015-20483]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Office of Hazardous Materials Safety; Notice of Applications for
Modification of Special Permit

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications for modification of special permits.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR part 107,
subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the applications described herein. This
notice is abbreviated to expedite docketing and public notice. Because
the sections affected, modes of transportation, and the nature of
application have been shown in earlier Federal Register publications,
they are not repeated here. Requests for modification of special
permits (e.g. to provide for additional hazardous materials, packaging
design changes, additional mode of transportation, etc.) are described
in footnotes to the application number. Application numbers with the
suffix ``M'' denote a modification request. These applications have
been separated from the new application for special permits to
facilitate processing.

DATES: Comments must be received on or before September 18, 2015.

ADDRESSES: Send comments to: Record Center, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Donald Burger,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue Southeast, Washington, DC or at http://regulations.gov.
    This notice of receipt of applications for modification of special
permit is published in accordance with part 107 of the Federal
hazardous materials transportation law (49 U.S.C. 5117(b); 49 CFR
1.53(b)).

    Issued in Washington, DC, on August 6, 2015.
Donald Burger,
Chief, General Approvals and Permits.

----------------------------------------------------------------------------------------------------------------
                                                                     Regulation(s)     Nature of special permits
    Application No.        Docket No.           Applicant              affected                 thereof
----------------------------------------------------------------------------------------------------------------
                                          MODIFICATION SPECIAL PERMITS
----------------------------------------------------------------------------------------------------------------
9847-M................  ................  FIBA Technologies,     49 CFR 180.209(a),    To modify the special
                                           Inc. (FIBA),           180.205(c), (f),      permit to authorize DOT
                                           Millbury, MA.          (g) and (i),          Specification 3AAX-6000
                                                                  173.302a, (b), (2),   seamless steel cylinders
                                                                  (3), (4) and (5),     to be requalified by
                                                                  and 180.213.          acoustic emission and
                                                                                ultrasonic examinations
                                                                                (AE/UE).
11054-M...............  ................  Welker Inc., Sugar     49 CFR 178.36         To modify the special
                                           Land, TX.              subpart C.            permit to authorize
                                                                                additional hazardous
                                                                                materials.
12549-M...............  ................  TRISTAR Engineering    49 CFR 178.245-1(a).  To modify the special
                                           Consulting Logistic                          permit to an offer
                                           SA, 78311, Bucharest.                        special permit and add
                                                                                ``no new construction to
                                                                                this package is
                                                                                authorized'' and company
                                                                                name change.
14799-M...............  ................  Takata Sachsen GmbH,   49 CFR 173.301(a)     To modify the shipping
                                           GroBweitzschen.        and 173.302a.         description for UN3268
                                                                                and add the description
                                                                                Safety devices,
                                                                                pyrotechnic, Division
                                                                                1.40, UN0503.
14833-M...............  ................  Takata AG              49 CFR 173.301(a),    To modify the special
                                           Aschaffenburg.         173.302a, 175.3 and   permit by removing the
                                                                  178.65(f)(2).         restriction on cylinder
                                                                                diameters and water
                                                                                capacities, modify the
                                                                                shipping description for
                                                                                UN3268 and add the
                                                                                description Safety
                                                                                devices, pyrotechnic,
                                                                                Division 1.40, UN0503.
14867-M...............  ................  GTM Manufacturing,     49 CFR 173.302a and   To modify the special
                                           LLC, Amarillo, TX.     173.304.              permit to authorize
                                                                                additional hazardous
                                                                                materials.
15372-M...............  ................  Takata de Mexico,      49 CFR 173.301(a),    To modify the special
                                           S.A. de C.V., Ciudad   173.302(a),           permit to authorize
                                           Frontera.              178.65(f)(2).         additional hazardous
                                                                                materials.
15610-M...............  ................  WavesinSolids LLC,     49 CFR 180.209,       To modify the special
                                           State College, PA.     180.209(a),           permit to authorize non-
                                                                  180.205(c)(f)(g)(i)   DOT specification
                                                                  , 173.302a, (b),      cylinders manufactured
                                                                  (2), (3), (4), (5),   under special permits
                                                                  180.213,              DOT-SP 13230, DOT-SP
                                                                  180.519(a),           13258 and UN cylinders
                                                                  180.519(b)(c).        made in accordance with
                                                                                ISO 11120.
16302-M...............  ................  Ametek Inc.            49 CFR 171.1........  To modify the special
                                           Pittsburgh, PA.                              permit to authorize
                                                                                glass ampules with a 31
                                                                                ml actual capacity and
                                                                                remove the 30 kg limit
                                                                                when ampules are
                                                                                installed in analyzing
                                                                                equipment.
16429-M...............  ................  Construction           49 CFR 172.101        To modify the special
                                           Helicopters, Inc.,     Hazardous Materials   permit to remove the
                                           Howell, MI.            Table Column (9B),    provision ``training or
                                                                  subpart C of part     qualification of a new
                                                                  172, 172.301(c),      crew member will not
                                                                  175.30.               take place during the
                                                                                execution of this
                                                                                special permit''.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-20483 Filed 8-27-15; 8:45 am]
 BILLING CODE 4910-60-M


[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Notices]
[Page 10355]
[FR Doc No: 2017-02776]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

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

    Docket Numbers: EC17-76-000.
    Applicants: Green Mountain Power Corporation..
    Description: Application for Authorization Pursuant to Section 203
of the Federal Power Act, et al. of Green Mountain Power Corporation.
    Filed Date: 2/3/17.
    Accession Number: 20170203-5302.
    Comments Due: 5 p.m. ET 2/24/17.

    Docket Numbers: EC17-77-000.
    Applicants: Pattern Energy Group LP, Pattern Energy Group Inc.,
Broadview Energy KW, LLC, Broadview Energy JN, LLC, Western
Interconnect LLC.
    Description: Application for Authorization for Disposition of
Jurisdictional Facilities and Requests for Waivers, Confidential
Treatment, and Expedited Consideration of Pattern Energy Group LP, et
al.
    Filed Date: 2/3/17.
    Accession Number: 20170203-5304.
    Comments Due: 5 p.m. ET 2/24/17.

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

    Docket Numbers: ER16-750-005; ER16-2659-003; ER15-2191-004; ER15-
647-005
    Applicants: Bethel Wind Farm LLC, Grant Plains Wind, LLC, Grant
Wind, LLC, Kay Wind, LLC.
    Description: Notification of Non-Material Change in Status of
Bethel Wind Farm LLC, et al.
    Filed Date: 2/6/17.
    Accession Number: 20170206-5155.
    Comments Due: 5 p.m. ET 2/27/17.

    Docket Numbers: ER17-335-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance filing: Compliance Filing Pursuant to the
January 6 Order RE Release of Capacity to be effective 1/9/2017.
    Filed Date: 2/6/17.
    Accession Number: 20170206-5188.
    Comments Due: 5 p.m. ET 2/27/17.

    Docket Numbers: ER17-446-001.
    Applicants: New York Independent System Operator, Inc.
    Description: Compliance filing: Compliance--remove one-year
transition mechanism for capacity exports to be effective 1/29/2017.
    Filed Date: 2/6/17.
    Accession Number: 20170206-5167.
    Comments Due: 5 p.m. ET 2/27/17.

    Docket Numbers: ER17-941-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: NYISO filing re: pivotal
supplier status in a mitigated capacity zone to be effective 4/7/2017.
    Filed Date: 2/6/17.
    Accession Number: 20170206-5098.
    Comments Due: 5 p.m. ET 2/27/17.

    Docket Numbers: ER17-942-000.
    Applicants: Lazarus Energy Holdings, LLC.
    Description: Compliance filing: Refile Baseline for Name Revision
for Lazarus Energy MBR Tariff to be effective 1/23/2017.
    Filed Date: 2/6/17.
    Accession Number: 20170206-5163.
    Comments Due: 5 p.m. ET 2/27/17.

    Docket Numbers: ER17-943-000.
    Applicants: Arizona Public Service Company.
    Description: Tariff Cancellation: Cancellation of Service Agreement
Nos. 306 and 307 to be effective 4/8/2017.
    Filed Date: 2/6/17.
    Accession Number: 20170206-5169.
    Comments Due: 5 p.m. ET 2/27/17.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 6, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-02776 Filed 2-9-17; 8:45 am]
 BILLING CODE 6717-01-P


without an FRA-acceptable reason...
    (g)(1) Fail to immediately terminate           2,500           5,000
     random collection due to hours of
     service expiration.................
219.617 Participation in random alcohol
 and drug testing:
    (a)(1) Failure to test regulated               2,500           5,000
     employee when properly selected for
     random test........................
    (a)(2) Failure to restrict regulated           2,500           5,000
     employee from performing regulated
     service prior to completion of
     random testing.....................
    (a)(3) Improperly excused without              2,500           5,000
     substantiated medical emergency....
219.621 Use of Service Agents:
    (g) Improper use a service agent to            2,500           5,000
     notify a regulated employee that
     they have been selected for random
     testing............................
219.623 Records
    (a) Failure of railroads to meet               2,500           5,000
     recordkeeping requirements.........
    (g) Failure of contractors and                 2,500           5,000
     service agents to provide required
     random testing records when
     requested by the contracting
     railroad or FRA....................
219.625 FRA Administrator's
 determination of random alcohol and
 drug rates
    (d) Failure to meet the required FRA           2,500           5,000
     random testing rate for drugs......
    (e) Failure to meet the required FRA           2,500           5,000
     random testing rate for alcohol....
------------------------------------------------------------------------
             Subpart H--Drug and Alcohol Testing Procedures
------------------------------------------------------------------------
219.701 Standards for drug and alcohol
 testing:
    (a) Failure to comply with part 40             5,000           7,500
     procedures in subpart B, D, E, F, G
     and K testing......................
------------------------------------------------------------------------
                        Subpart I--Annual Report
------------------------------------------------------------------------
219.800 Annual Reports:
    (a) Failure to submit MIS report on            2,500           5,000
     time...............................
    (c) Failure to submit accurate MIS             2,500           5,000
     report.............................
    (d) Failure to include required data           2,500           5,000
------------------------------------------------------------------------
                  Subpart J--Recordkeeping Requirements
------------------------------------------------------------------------
219.901 Retention of alcohol and drug
 testing records:

    (a) Failure to maintain records                2,500           5,000
     required to be kept by part 40 of
     this chapter.......................
    (b) Failure to maintain records                2,500           5,000
     required to be kept for five years.
    (c) Failure to maintain records                2,500           5,000
     required to be kept for two years..
219.903 Access to facilities and
 records:
    (a) Failure to release records in              2,500           5,000
     this subpart in accordance with
     part 40 of this chapter............
    (b) Failure to permit access to                2,500           5,000
     facilities.........................
    (c) Failure to provide access to               2,500           5,000
     results of railroad alcohol and
     drug testing programs..............
------------------------------------------------------------------------
                      Subpart K--Referral Programs
------------------------------------------------------------------------
219.1001 Requirement for referral
 programs:
    (b)(1) Failure to adopt or implement           2,500           5,000
     required self-referral program or
     alternate program that meets the
     requirements of this subpart.......
    (b)(2) Failure to adopt or implement           2,500           5,000
     required co-worker referral program
     or alternate program that meets the
     requirements of subpart K of this
     part...............................
    (d) Violation of referral program              2,500           5,000
     prohibitions.......................
219.1003 Referral program conditions:
    (a) Failure to comply with referral            2,500           5,000
     program conditions.................
    (b) Failure to maintain employment..           2,500           5,000
    (c) Failure to disqualify regulated            2,500           5,000
     employee when referral conditions
     not met............................
    (d) Use of unqualified DAC..........           2,500           5,000
    (e) Allowing person evaluated as               2,500           5,000
     having active substance abuse
     disorder to perform regulated
     service............................
(f) Breach of confidentiality                      2,500           5,000
    (g) Failure to allow recommended               2,500           5,000
     leave of absence...................
    (h)(1)-(3) Failure to meet return to           2,500           5,000
     service conditions.................
    (h)(4) Failure to return to service            2,500           5,000
     when conditions met................
    (i) Improper modification to                   2,500           5,000
     rehabilitation plan................
    (l) Failure to complete DAC                    2,500           5,000
     evaluation within time limit.......
    (m) Exceeding 24 month time limit on           2,500           5,000
     aftercare when not associated with
     a substantiated part 219 violation.
219.1007 Alternate programs:
    (c) Failure to obtain FRA approval             2,500           5,000
     of alternate program...............
------------------------------------------------------------------------
\1\ A penalty may be assessed against an individual only for a willful
  violation. The FRA Administrator reserves the right to assess a
  penalty of up to $105,000 for any violation, including ones not listed
  in this penalty schedule, where circumstances warrant. See 49 CFR part
  209, appendix A.
\2\ The penalty schedule uses section numbers from 49 CFR part 219; and
  if more than one item is listed as a type of violation of a given
  section, each item is also designated by a ``penalty code,'' which is
  used to facilitate assessment of civil penalties. For convenience,
  penalty citations will cite the CFR section and the penalty code, if
  any. FRA reserves the right, should litigation become necessary, to
  substitute in its complaint the CFR citation in place of the combined
  CFR and penalty code citation.

    Issued in Washington, DC, on May 27, 2016.
Amitabha Bose,
Acting Administrator.
[FR Doc. 2016-13058 Filed 6-6-16; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Notices]
[Pages 25399-25400]
[FR Doc No: 2023-08800]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. RM16-17-001, ER21-331-000, ER21-330-000]

Data Collection for Analytics and Surveillance and Market-Based
Rate Purposes, DDP Specialty Electronic Materials US, Inc., MC (US) 3,
LLC; Order on Intent To Revoke Market-Based Rate Authority

    1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d, and
18 CFR part 35 (2022), require, among other things, that all rates,
terms, and conditions for jurisdictional services be filed with the
Commission. In Order No. 697 and its progeny,\1\ the Commission
established certain requirements with which sellers \2\ must comply in
order to obtain and retain market-based rate authority.\3\
---------------------------------------------------------------------------

    \1\ Mkt.-Based Rates for Wholesale Sales of Elec. Energy,
Capacity & Ancillary Servs. by Pub. Utils., Order No. 697, 119 FERC
] 61,295 clarified, 121 FERC ] 61,260 (2007), order on reh'g, Order
No. 697-A, 123 FERC ] 61,055, clarified, 124 FERC ] 61,055, order on
reh'g, Order No. 697-B, 125 FERC ] 61,326 (2008), order on reh'g,
Order No. 697-C, 127 FERC ] 61,284 (2009), order on reh'g, Order No.
697-D, 130 FERC ] 61,206 (2010), aff'd sub nom. Mont. Consumer
Counsel v. FERC, 659 F.3d 910 (9th Cir. 2011).
    \2\ A ``seller'' is defined as any person that has authorization
to or seeks authorization to engage in sales for resale of electric
energy, capacity or ancillary services at market-based rates under
section 205 of the FPA. 18 CFR 35.36(a)(1) (2022); 16 U.S.C. 824d.
Each seller is a public utility under section 205 of the FPA. 16
U.S.C. 824.
    \3\ Order No. 697, 119 FERC ] 61,295 at n.258.
---------------------------------------------------------------------------

    In Order No. 860,\4\ the Commission revised certain aspects of the
substance and format of the ownership information sellers must submit
in order to obtain or retain market-based rate authority. Specifically,
Order No. 860 requires that, as part of its market-based rate
application or baseline submission, a seller must identify its ultimate
upstream affiliate(s) through a new relational database.\5\
---------------------------------------------------------------------------

    \4\ Data Collection for Analytics & Surveillance and Mkt.-Based
Rate Purposes, Order No. 860, 168 FERC ] 61,039 (2019), order on
reh'g, Order No. 860-A, 170 FERC ] 61,129 (2020).
    \5\ Order No. 860, 168 FERC ] 61,039 at P 121.
---------------------------------------------------------------------------

    2. In accordance with Order No. 860, as modified by Order No. 860-
A, the Order Adopting Revisions to Information Collection,\6\ and the
Notice of Extension of Time,\7\ each seller with a market-based rate
tariff on file with the Commission was required to make a baseline
submission to the market-based rate relational database by February 1,
2022.\8\ Commission staff's review of the baseline submissions to the
market-based rate relational database indicates that the sellers with
market-based rate authorization listed in the caption of this order
failed to file their baseline submissions. This order notifies these
sellers that their market-based rate authorizations will be revoked
unless they comply with the Commission's requirements within 15 days of
the date of issuance of this order.\9\
---------------------------------------------------------------------------

    \6\ Data Collection for Analytics & Surveillance and Mkt.-Based
Rate Purposes, 176 FERC ] 61,109 (2021) (Order Adopting Revisions to
Information Collection).
    \7\ Data Collection for Analytics and Surveillance and Mkt.-
Based Rate Purposes, Notice of Extension of Time, Docket No. RM16-
17-000 (Oct. 22, 2021).
    \8\ A baseline submission consists of ``market-based rate
information,'' which includes (a) seller category status for each
region in which the seller has market-based rate authority, (b) each
market in which the seller is authorized to sell ancillary services
at market-based rates, (c) mitigation, if any, and (d) whether the
seller has limited the regions in which it has market-based rate
authority. A baseline submission also consists of ``market-based
rate ownership information,'' which includes ultimate upstream
affiliates; and affiliate owners with franchised service areas,
market-based rate authority, or that directly own or control
generation; transmission, intrastate natural gas transportation,
storage or distribution facilities, physical coal supply sources or
ownership of or control over who may access transportation of coal
supplies, and asset appendix information. Order No. 860, 168 FERC ]
61,039 at P 185.
    \9\ Commission staff contacted or attempted to contact the
sellers to remind them of their regulatory obligations. Despite
these reminders, however, the sellers listed in the caption of this
order have not met these obligations.
---------------------------------------------------------------------------

    3. To comply with the Commission's requirements, the above-
captioned sellers must file their baseline submissions to the market-
based rate relational database consistent with the procedures set forth
in Order Nos. 860, 860-A, and the Order Adopting Revisions to
Information Collection.
    4. In the event any of the above-captioned sellers have already
submitted their baseline submissions in compliance with the
Commission's requirements, their inclusion herein is inadvertent. Such
sellers are directed to make a filing with the Commission, within 15
days of the date of issuance of this order, to identify themselves and
provide details about their prior submissions to establish that they

complied with the Commission's market-based rate relational database
filing requirements.
    5. If any of the above-captioned sellers do not wish to continue
having market-based rate authority, they may file a notice of
cancellation of their market-based rate tariffs with the Commission
pursuant to section 205 of the FPA.
    The Commission orders:
    (A) Within 15 days of the date of issuance of this order, each
seller listed in the caption of this order shall file with the
Commission its delinquent baseline submission to the market-based rate
relational database. If a seller subject to this order fails to make
the filings required in this order, the Commission intends to revoke
that seller's market-based rate authorization and intends to terminate
its electric market-based rate tariff. The Secretary is hereby
directed, upon expiration of the filing deadline in this order, to
promptly issue a notice, effective on the date of issuance, listing the
sellers whose tariffs have been revoked for failure to comply with the
requirements of this order and the Commission's market-based rate
relational database requirements.
    (B) The Secretary is hereby directed to publish this order in the
Federal Register.

    By the Commission.

    Issued April 20, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-08800 Filed 4-25-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: February 11, 2009 (Volume 74, Number 27)]
[Notices]
[Page 6927-6928]
[DOCID:fr11fe09-96]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59359; File No. SR-CBOE-2008-123]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Order Approving Proposed Rule Change To Adopt a Trade,
Flash and Cancel Order Type for CBSX

February 4, 2009.
    On December 3, 2008, Chicago Board Options Exchange, Incorporated
(``CBOE'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to adopt a Trade, Flash and Cancel order type for
the CBOE Stock Exchange (``CBSX''). The proposed rule change was
published for comment in the Federal Register on January 2, 2009.\3\
The Commission received no comments regarding the proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 59147 (December 22,
2008), 74 FR 150.
---------------------------------------------------------------------------

    The Commission has carefully reviewed the proposed rule change and
finds that the proposed rule change is consistent with the requirements
of the Act and the rules and regulations thereunder applicable to a
national securities exchange \4\ and, in particular, Section 6(b)(5) of
the Act,\5\ which requires that an exchange have rules designed to
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 to protect investors and the public interest. The
Commission also believes that the proposed rule change furthers the
objectives of Section 11A of the Act,\6\ as it helps to assure the
economically efficient execution of securities transactions, fair
competition among

brokers and dealers and among exchange markets, and the practicability
of brokers executing investors' orders in the best market.
---------------------------------------------------------------------------

    \4\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \5\ 15 U.S.C. 78f(b)(5).
    \6\ 15 U.S.C. 78k-1.
---------------------------------------------------------------------------

    If CBSX is at quoting at the national best bid or offer (``NBBO'')
when a Trade, Flash and Cancel order is submitted to CBSX, CBSX will
execute the incoming order automatically against the published
quotation. However, if CBSX is not quoting at the NBBO, the Trade,
Flash and Cancel designation initiates a process whereby the order
would be electronically exposed to CBSX traders for a period of up to
three seconds, rather than routed away to other markets, in accordance
with Exchange Rule 52.6(a). CBSX traders will not know the identity or
the account type of the party that submitted the Trade, Flash and
Cancel order.\7\ CBSX traders can respond with orders that match or
better the NBBO to trade with the Trade, Flash and Cancel order. If no
CBSX trader matches or improves on the NBBO by the end of the exposure
period, the CBSX system will cancel the Trade, Flash and Cancel order.
In no event will an execution result that is inferior to the NBBO.\8\
Use of the Trade, Flash and Cancel order is strictly voluntary. The
Commission believes that the Trade, Flash and Cancel order type is a
potentially useful means for order senders to control where their
orders are routed and to seek price improvement. Therefore, the
Commission believes that the proposal is consistent with the Act.
---------------------------------------------------------------------------

    \7\ See e-mail from Angelo Evangelou, Assistant General Counsel,
CBOE, to Michael Gaw, Assistant Director, and Andrew Madar, Special
Counsel, Division of Trading and Markets, Commission, dated February
3, 2009.
    \8\ The Exchange stated that, ``If a flash responder attempts to
trade against the order by matching the flash price (the NBBO price
at the time the order was received by the CBSX System), the order
will be executed unless the system determines at the point of
execution that the flash price is worse than a revised NBBO in which
case the order will be cancelled.'' See e-mail from Angelo
Evangelou, Assistant General Counsel, CBOE, to Michael Gaw,
Assistant Director, and Andrew Madar, Special Counsel, Division of
Trading and Markets, Commission, dated December 19, 2008.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (SR-CBOE-2008-123) be, and it hereby is,
approved.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E9-2774 Filed 2-10-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: September 13, 2010 (Volume 75, Number 176)]
[Notices]
[Page 55633-55634]
[DOCID:fr13se10-107]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) has received a request for a waiver of compliance from certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

Kansas City Southern Railroad Company

[Waiver Petition Docket Number FRA-2010-0127]

    The Kansas City Southern Railroad Company (KCS) has petitioned for
a waiver of compliance from the requirements of 49 CFR part 229,
Railroad Locomotive Safety Standards, specifically Sec.  229.49(a)(1),
which states that main reservoir system of each locomotives shall have
a safety valve to prevent accumulation of pressure more than 15 psi
above the maximum working air pressure. The specific petition requests
relief for 235 locomotives numbered KCS 4575-4624, KCSM 4500-4574, KCS
4680-4709, KCSM 4650-4679, and KCSM 4710-4759. KCS seeks authority to
continue to operate with the main reservoir safety valve set at 150 psi
with a maximum air pressure of 130 psi. KCS believes that there have
been no adverse effects on the safety of operations and that safety is
in no way compromised.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.

    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2010-0127) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (Volume 65, Number 70;
Page 19477) or at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on September 7, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2010-22709 Filed 9-10-10; 8:45 am]
BILLING CODE 4910-06-P