IMPORTANT NOTE TO USER:

The margins and lines are NOT block protected, so you must fill the form with caution, paying attention to any shifting of the existing text. The following tips should make this a simple task:

 Fill in the spaces by using the type over command. Otherwise you'll have to delete a space for each letter you add.

 Use the same font ( Times New Roman 8pt).

 Do not change table lines ( although you can delete an extra space line to provide more space elsewhere.

 It is not recommended that you convert this form to WP5.1, some of these features are not available in WP5.1, so the text will scramble.

If you have any problems or questions, please call your OEI Desk Officer. PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request U. S. EPA, Office of Administration and Resources Management/ Office of Acquisition Management 2. OMB control number b. G None a. 2030 0007 3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. O Extension of a currently approved collection d. Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. O Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes O No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. O Three years from approval date b. G Other Specify: / /___

7. Title Oral and Written Purchase Orders 8. Agency form number( s) ( If applicable) EPA ICR No. 1037.07 ( EPA Forms 1900 8 and 1900 13)

9. Keywords Acquisition, Purchase Orders 10. Abstract: EPA solicits verbal or written quotes from potential vendors when a requirement arises for supplies and services and the value is under the simplified acquisition threshold. Vendors responses are voluntary and generally consist of item name, unit cost, delivery terms, company name, small business status, address, phone number, and point of contact. EPA uses the collected information to make award decisions to obtain needed supplies and services.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. X Business or other for profit e. Federal Government c. X Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. X Voluntary b. X Required to obtain or retain benefits c. Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 28,462 b. Total annual responses 28,464 1. Percentage of these responses collected electronically 0 % c. Total hours requested 7,116 d. Current OMB inventory 9,373 e. Difference  2,257 f. Explanation of difference 1. Program Change 0 2. Adjustment  2,257 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs $ 0 b. Total annual costs ( O& M) $ 0 c. Total annualized cost requested $ 0 d. Current OMB inventory $ 0 e. Difference $ 0 f. Explanation of difference 1. Program change 2. Adjustment $ 0 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. _ X_ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. X_ Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. Recordkeeping b. Q Third party disclosure c. O Reporting 1. X On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. Semi annually 6. Q Annually 7. Q Biannually 8. Q Other ( describe)

17. Statistical methods Does this information collection employ statistical methods?

Q Yes O No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Brain K. Long Phone: ( 202) 564 4737 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected' ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( I) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "( I) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any 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."

OMB 83 I ( Instructions) 10/ 95


[Federal Register: May 17, 2010 (Volume 75, Number 94)]
[Notices]
[Page 27599-27600]
[DOCID:fr17my10-97]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 19b-5 and Form PILOT; SEC File No. 270-448; OMB Control No.
3235-0507.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 19b-5 (17 CFR 240.19b-5)
and Form PILOT (17 CFR 249.821) under the Securities Exchange Act of
1934, as amended (``Act'') (15 U.S.C. 78a et seq.). The Commission
plans to submit this existing collection of information to the Office
of Management and Budget for extension and approval.
    Rule 19b-5 provides a temporary exemption from the rule-filing
requirements of Section 19(b) of the Act (15 U.S.C. 78s(b)) to self-
regulatory organizations (``SROs'') wishing to establish and operate
pilot trading systems. Rule 19b-5 permits an SRO to

develop a pilot trading system and to begin operation of such system
shortly after submitting an initial report on Form PILOT to the
Commission. During operation of any such pilot trading system, the SRO
must submit quarterly reports of the system's operation to the
Commission, as well as timely amendments describing any material
changes to the system. After two years of operating such pilot trading
system under the exemption afforded by Rule 19b-5, the SRO must submit
a rule filing pursuant to Section 19(b)(2) (15 U.S.C. 78s(b)(2)) of the
Act in order to obtain permanent approval of the pilot trading system
from the Commission.
    The collection of information is designed to allow the Commission
to maintain an accurate record of all new pilot trading systems
operated by SROs and to determine whether an SRO has properly availed
itself of the exemption afforded by Rule 19b-5, is operating a pilot
trading system in compliance with the Act, and is carrying out its
statutory oversight obligations under the Act.
    The respondents to the collection of information are national
securities exchanges and national securities associations.
    While there are 14 national securities exchanges and national
securities associations that may avail themselves of the exemption
under Rule 19b-5 and the use of Form PILOT, it is estimated that
approximately three respondents will file a total of 3 initial reports,
12 quarterly reports, and 6 amendments on Form PILOT per year, with an
estimated total annual response burden of 126 hours. At an average
hourly cost of $307.74, the estimated aggregate related cost of
compliance with Rule 19b-5 for all respondents is $38,775 per year (126
burden hours multiplied by $307.74/hour = $38,775).
    Written comments are invited on (a) whether the proposed collection
of information is necessary for the proper performance of the functions
of the Commission, including whether the information shall have
practical utility; (b) the accuracy of the Commission's estimates of
the burden of the proposed collection of information; (c) ways to
enhance the quality, utility, and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    Please direct your written comments to: Charles Boucher, Director/
Chief Information Officer, Securities and Exchange Commission, c/o
Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312 or send
an e-mail to<EMAIL_ADDRESS>
    Dated: May 10, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-11660 Filed 5-14-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 78, Number 45 (Thursday, March 7, 2013)]
[Notices]
[Pages 14847-14848]
[FR Doc No: 2013-05242]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69012; File No. 10-209]

Topaz Exchange, LLC; Notice of Filing of Application for
Registration as a National Securities Exchange Under Section 6 of the
Securities Exchange Act of 1934

March 1, 2013.
    On July 3, 2012, Topaz Exchange, LLC (``Topaz Exchange'' or
``Applicant'') submitted to the Securities and Exchange Commission
(``Commission'') a Form 1 application under the Securities Exchange Act
of 1934 (``Exchange Act''), seeking registration as a national
securities exchange under Section 6 of the Exchange Act.\1\ On December
19, 2012, Topaz Exchange submitted Amendment No. 1 to its Form 1
application.\2\ On December 31, 2012, Topaz Exchange submitted
Amendment No. 2 to its Form 1 application.\3\
---------------------------------------------------------------------------

    \1\ On March 1, 2013, the Commission issued an order granting
Topaz Exchange exemptive relief, subject to certain conditions, in
connection with the filing of its Form 1 application. See Securities
Exchange Act Release No. 69011. Because the Applicant's Form 1
application was incomplete without the exemptive relief, the date of
filing of such application is March 1, 2013.
    \2\ Amendment No. 1, among other things, includes changes to the
Limited Liability Company Agreement and the Constitution of Topaz
Exchange concerning board composition and size, the initial director
election process, and the use of regulatory funds. Amendment No. 1
also includes revisions to proposed rules of Topaz Exchange to
remove rules relating to complex orders; to respond to comments on
the Form 1 application from Commission staff; and to reflect recent
changes to comparable rules of International Securities Exchange,
LLC (``ISE''). Amendment No. 1 further provides additional
descriptions in the Form 1 application regarding proposed allocation
procedures, auction mechanisms, execution of qualified contingent
crosses, and the initial director election process, and removes
references to complex orders.
    \3\ Amendment No. 2, among other things, provides updated
information regarding the board of directors of ISE and the
Corporate Governance Committee of ISE and includes information
regarding Longitude S.A., a newly incorporated affiliate of Topaz
Exchange, which information includes the Articles of Incorporation
of Longitude S.A. Amendment No. 2 also provides financial
information for Longitude S.A. Finally, Amendment No. 2 provides an
updated organizational chart that reflects the affiliates of Topaz
Exchange.
---------------------------------------------------------------------------

    The Commission is publishing this notice to solicit comments on
Topaz Exchange's Form 1 application, as amended. The Commission will
take any comments it receives into consideration in making its
determination about whether to grant Topaz Exchange's request to be
registered as a national securities exchange. The Commission will grant
the registration if it finds that the requirements of the Exchange Act
and the rules and regulations thereunder with respect to Topaz Exchange
are satisfied.\4\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(a).
---------------------------------------------------------------------------

    The Applicant's Form 1 application, as amended, provides detailed
information on how Topaz Exchange proposes to satisfy the requirements
of the Exchange Act. Topaz Exchange would be wholly-owned by its parent
company, International Securities Exchange Holdings, Inc. (``ISE
Holdings''), which also is the parent company of an existing national
securities exchange, ISE. Topaz Exchange would operate a fully
automated electronic trading platform for the trading of listed options
and would not maintain a physical trading floor. Liquidity would be
derived from orders to buy and orders to sell

submitted to Topaz Exchange electronically by its registered broker-
dealer members, as well as from quotes submitted electronically by
market makers.
    A more detailed description of the manner of operation of Topaz
Exchange's proposed system can be found in Exhibit E to Topaz
Exchange's Form 1 application. The proposed rulebook for the proposed
exchange can be found in Exhibit B to Topaz Exchange's Form 1
application, and the governing documents for both Topaz Exchange and
ISE Holdings can be found in Exhibit A and Exhibit C to Topaz
Exchange's Form 1 application, respectively. A listing of the officers
and directors of Topaz Exchange can be found in Exhibit J to Topaz
Exchange's Form 1 application.
    Topaz Exchange's Form 1 application, including all of the Exhibits
referenced above, is available online at www.sec.gov/rules/other.shtml
as well as in the Commission's Public Reference Room. Interested
persons are invited to submit written data, views, and arguments
concerning Topaz Exchange's Form 1, including whether the application
is consistent with the Exchange 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 10-209 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 10-209. This file number
should be included on the subject line if email is used. To help the
Commission process and review your comments more efficiently, please
use only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/other.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to Topaz Exchange's Form 1 filed with the
Commission, and all written communications relating to the application
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 10:00 a.m. and
3:00 p.m. 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
publicly available. All submissions should refer to File Number 10-209
and should be submitted on or before April 22, 2013.

    By the Commission.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-05242 Filed 3-6-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 190 (Tuesday, October 5, 2021)]
[Notices]
[Pages 54962-54963]
[FR Doc No: 2021-21702]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG21-259-000.
    Applicants: Mililani I Solar, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Mililani I Solar, LLC.
    Filed Date: 9/29/21.
    Accession Number: 20210929-5010.
    Comment Date: 5 p.m. ET 10/20/21.

    Docket Numbers: EG21-260-000.
    Applicants: Lanikuhana Solar, LLC.
    Description: Self-Certification of Exempt Wholesale Generator
Status of Lanikuhana Solar, LLC.
    Filed Date: 9/29/21.
    Accession Number: 20210929-5018.
    Comment Date: 5 p.m. ET 10/20/21.

    Docket Numbers: EG21-261-000.
    Applicants: Ventress Solar Farm 1, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Ventress Solar Farm 1, LLC.
    Filed Date: 9/29/21.
    Accession Number: 20210929-5053.
    Comment Date: 5 p.m. ET 10/20/21.

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

    Docket Numbers: ER10-2034-008.
    Applicants: Duke Energy Indiana, Inc.
    Description: Notice of Change in Status of Duke Energy Indiana,
LLC.
    Filed Date: 9/28/21.
    Accession Number: 20210928-5155.
    Comment Date: 5 p.m. ET 10/19/21.

    Docket Numbers: ER21-2952-000.
    Applicants: Public Service Company of New Mexico.
    Description: Sec.  205(d) Rate Filing: PNM, Pattern NM Wind, Red
Cloud Wind, Clines Corners Wind to be effective 11/29/2021.
    Filed Date: 9/28/21.
    Accession Number: 20210928-5149.
    Comment Date: 5 p.m. ET 10/19/21.

    Docket Numbers: ER21-2953-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) Rate Filing: UMPA Agmt Re SS of Ancillary
Serv Sched 5 and/or 6 to be effective 9/27/2021.
    Filed Date: 9/28/21.
    Accession Number: 20210928-5152.
    Comment Date: 5 p.m. ET 10/19/21.

    Docket Numbers: ER21-2954-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2021-09-29_SA 3700 MEC-
Heartland Divide Wind II FSA (J583) to be effective 11/29/2021.
    Filed Date: 9/29/21.
    Accession Number: 20210929-5028.
    Comment Date: 5 p.m. ET 10/20/21.

    Docket Numbers: ER21-2955-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2021-09-29_SA 3701 MEC-
Walleye Wind FSA (J569) to be effective 11/29/2021.
    Filed Date: 9/29/21.
    Accession Number: 20210929-5030.
    Comment Date: 5 p.m. ET 10/20/21.

    Docket Numbers: ER21-2956-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2021-09-29_SA 3702 MEC-
Emmons-Logan Wind FSA (J302 J503) to be effective 11/29/2021.
    Filed Date: 9/29/21.
    Accession Number: 20210929-5039.
    Comment Date: 5 p.m. ET 10/20/21.

    Docket Numbers: ER21-2957-000.
    Applicants: Avista Corporation.
    Description: Sec.  205(d) Rate Filing: Avista Corp RS T1188,
Interim Interconnected Systems Agmt BPA to be effective 10/1/2021.
    Filed Date: 9/29/21.
    Accession Number: 20210929-5052.

    Comment Date: 5 p.m. ET 10/20/21.

    Docket Numbers: ER21-2958-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revisions to OA and RAA re:
Quarterly Membership Lists to be effective 6/22/2021.
    Filed Date: 9/29/21.
    Accession Number: 20210929-5065.
    Comment Date: 5 p.m. ET 10/20/21.

    Docket Numbers: ER21-2959-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA, Service
Agreement No. 3395; Queue No. R33 to be effective 9/6/2012.
    Filed Date: 9/29/21.
    Accession Number: 20210929-5072.
    Comment Date: 5 p.m. ET 10/20/21.

    Docket Numbers: ER21-2960-000.
    Applicants: Avista Corporation.
    Description: Tariff Amendment: Avista Corp Cancellation of RS 184
BPA Exchange Agreement to be effective 10/1/2021.
    Filed Date: 9/29/21.
    Accession Number: 20210929-5075.
    Comment Date: 5 p.m. ET 10/20/21.

    Docket Numbers: ER21-2961-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: 2021-09-29 LPL Hold Harmless
to be effective 10/1/2021.
    Filed Date: 9/29/21.
    Accession Number: 20210929-5080.
    Comment Date: 5 p.m. ET 10/20/21.

    Docket Numbers: ER21-2962-000.
    Applicants: PacifiCorp.
    Description: Notice of Cancellation of Service Agreement Nos. 307
and 436 with Arizona Public Service Company of PacifiCorp.
    Filed Date: 9/29/21.
    Accession Number: 20210929-5086.
    Comment Date: 5 p.m. ET 10/20/21.

    Docket Numbers: ER21-2963-000.
    Applicants: CLN Energy LLC.
    Description: Baseline eTariff Filing: Market-Based Rate Tariff
Application to be effective 10/1/2021.
    Filed Date: 9/29/21.
    Accession Number: 20210929-5092.
    Comment Date: 5 p.m. ET 10/20/21.

    Docket Numbers: ER21-2964-000.
    Applicants: Sterlington Power LLC.
    Description: Tariff Amendment: Notice of Cancellation of Market
Based Rate Tariff to be effective 9/30/2021.
    Filed Date: 9/29/21.
    Accession Number: 20210929-5093.
    Comment Date: 5 p.m. ET 10/20/21.

    Docket Numbers: ER21-2965-000.
    Applicants: Atlantic City Electric Company, Delmarva Power & Light
Company, PECO Energy Company, PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Atlantic City Electric
Company submits tariff filing per 35.13(a)(2)(iii: ACE, Delmarva and
PECO Revisions to OATT, Atts. H-1A, H-3D, and H-7A to be effective 1/1/
2022.
    Filed Date: 9/29/21.
    Accession Number: 20210929-5096.
    Comment Date: 5 p.m. ET 10/20/21.

    Docket Numbers: ER21-2965-001.
    Applicants: Atlantic City Electric Company, Delmarva Power & Light
Company, PECO Energy Company, PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Atlantic City Electric Company
submits tariff filing per 35.17(b): Amendment to ACE, Delmarva and PECO
Revisions to Atts. H-1A, H-3D, and H-7A to be effective 1/1/2022.
    Filed Date: 9/29/21.
    Accession Number: 20210929-5103.
    Comment Date: 5 p.m. ET 10/20/21.

    Docket Numbers: ER21-2966-000.
    Applicants: Illinois Power Generating Company, Bracewell LLP.
    Description: Baseline eTariff Filing: Illinois Power Generating
Company submits tariff filing per 35.1: Filing of Limited Use Agreement
to be effective 11/29/2021.
    Filed Date: 9/29/21.
    Accession Number: 20210929-5100.
    Comment Date: 5 p.m. ET 10/20/21.

    Docket Numbers: ER21-2967-000.
    Applicants: Strategic Energy Capital Fund, LP.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authorization.
    Filed Date: 9/29/21.
    Accession Number: 20210929-5111.
    Comment Date: 5 p.m. ET 10/20/21.

    Docket Numbers: ER21-2968-000.
    Applicants: Upper Michigan Energy Resources Corporation.
    Description: Sec.  205(d) Rate Filing: Filing of Reactive Supply
Service Rate Schedule FERC No. 1 to be effective 9/30/2021.
    Filed Date: 9/29/21.
    Accession Number: 20210929-5115.
    Comment Date: 5 p.m. ET 10/20/21.

    Docket Numbers: ER21-2969-000.
    Applicants: Avista Corporation.
    Description: Sec.  205(d) Rate Filing: Avista Corp LTF PTP
Agreement T-1189 to be effective 10/1/2021.
    Filed Date: 9/29/21.
    Accession Number: 20210929-5122.
    Comment Date: 5 p.m. ET 10/20/21.

    Docket Numbers: ER21-2970-000.
    Applicants: Peninsula Power, LLC.
    Description: Tariff Amendment: Notice of Cancellation of Market
Based Rate Tariff to be effective 9/30/2021.
    Filed Date: 9/29/21.
    Accession Number: 20210929-5136.
    Comment Date: 5 p.m. ET 10/20/21.

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

    Docket Numbers: RR21-9-000.
    Applicants: North American Electric Reliability Corporation.
    Description: Amendment to August 24, 2021 request of NERC for
acceptance of 2022 Business Plans and Budgets of NERC and Regional
Entities and for Approval of Proposed Assessments to Fund Budgets under
RR21-9.
    Filed Date: 9/29/21.
    Accession Number: 20210929-5105.
    Comment Date: 5 p.m. ET 10/13/21.

    Docket Numbers: RR21-10-000.
    Applicants: North American Electric Reliability Corporation.
    Description: Petition of the North American Electric Reliability
Corporation and the Regional Entities for Approval of Revisions to the
NERC Rules of Procedure.
    Filed Date: 9/29/21.
    Accession Number: 20210929-5133.
    Comment Date: 5 p.m. ET 10/20/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by 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: September 29, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-21702 Filed 10-4-21; 8:45 am]
BILLING CODE 6717-01-P


Jeff Herzog 09/ 19/ 2003 05: 40 PM To: " Grant, Andrea  DC" < Andrea. Grant@ piperrudnick. com> cc: Subject:

Andrea,

In IFTOA's and NEFI's comments on the nonroad diesel proposed rule, it is stated that a fuel marker would not be needed in heating oil because EPA could test fuel sulfur content to distinguish NRLM from heating oil. I think this statement might indicate a misunderstanding of some of the aspects of the proposed rule.

EPA proposed refiner credits and small refiner provisions that would allow for the limited production and use of high sulfur NRLM fuel for some time after most refiners would be required to produce only 500 ppm sulfur NRLM fuel. Such high sulfur NRLM fuel could eventually be blended with 500 ppm NRLM. Consequently, EPA could not use a sulfur test to distinguish heating oil from NRLM fuel during the time period when small refiner and credit high sulfur NRLM could be used in NRLM equipment. Without a marker for heating oil during this period, EPA would not have a mechanism to ensure that heating oil is not used in NRLM equipment.

I'll supplement your comments to the docket with what ever response you might want to provide to this e mail Best regards,

Jeffrey A. Herzog, Mechanical Engineer United States Environmental Protection Agency National Vehicle and Fuel Emissions Laboratory Assessment and Standards Division 2000 Traverwood Drive Ann Arbor, Michigan, 48105 Phone: ( 734) 214 4227 Fax: ( 734) 214 4816 E Mail: herzog. jeff@ epa. gov


[Federal Register Volume 76, Number 144 (Wednesday, July 27, 2011)]
[Notices]
[Pages 44900-44901]
[FR Doc No: 2011-18921]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR11-116-000 ]

Crosstex LIG, LLC; Notice of Filing

    Take notice that on July 7, 2011, Crosstex LIG, LLC filed a revised
Statement of Operating Conditions to comply with an unpublished
Delegated letter order issued on June 21, 2011, in Docket No. PR10-40-
000.
    Any person desiring to participate in this rate filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). 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 date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 7 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 Wednesday, July 20, 2011.

    Dated: July 13, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-18921 Filed 7-26-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Notices]
[Pages 62163-62164]
[FR Doc No: 2016-21545]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2016-0770]

Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0079

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting an extension of
its approval for the following collection of information: 1625-0079,
Standards of Training, Certification and Watchkeeping for Seafarers
(STCW), 1995, 1997 and 2010 Amendments to the International Convention;
without change. Our ICR describes the information we seek to collect
from the public. Before submitting this ICR to OIRA, the Coast Guard is
inviting comments as described below.

DATES: Comments must reach the Coast Guard on or before November 7,
2016.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2016-0770] to the Coast Guard using the Federal
eRulemaking Portal at http://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
    A copy of the ICR is available through the docket on the Internet
at http://www.regulations.gov. Additionally, copies are available from:
COMMANDANT (CG-612), ATTN: PAPERWORK REDUCTION ACT MANAGER, U.S. COAST
GUARD, 2703 MARTIN LUTHER KING JR AVE SE., STOP 7710, WASHINGTON, DC
20593-7710.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. In response to
your comments, we may revise the ICR or decide not to seek an extension
of approval for the Collection. We will consider all comments and
material received during the comment period.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2016-0770], and
must be received by November 7, 2016.

Submitting Comments

    We encourage you to submit comments 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. Documents mentioned in this notice, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that Web site's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).

Information Collection Request

    Title: Standards of Training, Certification and Watchkeeping for
Seafarers (STCW), 1995, 1997 and 2010 Amendments to the International
Convention.
    OMB Control Number: 1625-0079.
    Summary: This information is necessary to ensure compliance with
the international requirements of the STCW Convention, and to maintain
an

acceptable level of quality in activities associated with training and
assessment of merchant mariners.
    Need: Chapter 71 of 46 U.S.C. authorizes the Coast Guard to issue
regulations related to licensing of merchant mariners. These
regulations are contained in 46 CFR chapter I, subchapter B.
    Forms: None.
    Respondents: Owners and operators of vessels, training institutions
and mariners.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden has decreased from
31,730 hours to 29,366 hours a year due to a decrease in the estimated
annual number of responses.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
chapter 35, as amended.

Marilyn Scott-Perez,
Acting Deputy Chief Information Officer, U.S. Coast Guard.
[FR Doc. 2016-21545 Filed 9-7-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 61 (Monday, March 31, 2014)]
[Notices]
[Page 18022]
[FR Doc No: 2014-07091]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP14-634-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: NJRES 910531 4-1-2014 Negotiated Rate to be effective
4/1/2014.
    Filed Date: 3/24/14.
    Accession Number: 20140324-5078.
    Comments Due: 5 p.m. ET 4/7/14.

    Docket Numbers: RP14-635-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: LSS and SS-2 Fuel Tracker Filing 2014 to be effective
4/1/2014.
    Filed Date: 3/24/14.
    Accession Number: 20140324-5096.
    Comments Due: 5 p.m. ET 4/7/14.

    Docket Numbers: RP14-636-000.
    Applicants: Kern River Gas Transmission Company.
    Description: 2014 Clean-up Filing to be effective 4/21/2014.
    Filed Date: 3/24/14.
    Accession Number: 20140324-5115.
    Comments Due: 5 p.m. ET 4/7/14.

    Docket Numbers: RP14-637-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Negotiated Rates--Sentinel--Hess Energy Mktg, LLC to
be effective 4/1/2014.
    Filed Date: 3/24/14.
    Accession Number: 20140324-5166.
    Comments Due: 5 p.m. ET 4/7/14.

    Docket Numbers: RP14-639-000.
    Applicants: Enable Gas Transmission, LLC.
    Description: Fuel Tracker Filing Effective May 2014 to be effective
5/1/2014.
    Filed Date: 3/24/14.
    Accession Number: 20140324-5178.
    Comments Due: 5 p.m. ET 4/7/14.

    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: March 25, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-07091 Filed 3-28-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 223 (Tuesday, November 19, 2013)]
[Rules and Regulations]
[Pages 69296-69299]
[FR Doc No: 2013-27555]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2012-0846; FRL-9817-4]

Approval and Promulgation of Air Quality Implementation Plans;
Montana; Revisions to the Administrative Rules of Montana--Air Quality,
Subchapter 7, Subchapter 16 and Subchapter 17

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is taking final action to approve new rules as submitted
by the State of Montana on September 23, 2011. Montana adopted these
rules on December 2, 2005 and March 23, 2006. These new rules meet the
requirements of the Clean Air Act (CAA) and EPA's minor new source
review (NSR) regulations. In this action, EPA is approving these rules
as they are consistent with the CAA. This action is being taken under
section 110 of the CAA.

DATES: This final rule is effective December 19, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2012-0846. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. EPA requests you contact the individual
listed in the FOR FURTHER INFORMATION CONTACT section to view the hard
copy of the docket. You may view the hard copy of the docket Monday
through Friday, 8:00 a.m. to 4:00 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, Mailcode 8P-
AR, Environmental Protection Agency, Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129,<PHONE_NUMBER>, or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action is EPA taking?
    A. Summary of Final Action
II. What is the background?
    A. Brief Discussion of Statutory and Regulatory Requirements
    B. Summary of the Submittal Addressed in This Final Action
III. Response to Comments
IV. What are the grounds for this approval action?
V. Final Action
VI. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iii) The words Minor NSR mean NSR established under section 110 of
the Act and 40 CFR 51.160.
    (iv) The initials NSR mean new source review, a phrase intended to
encompass the stationary source regulatory programs that regulate the
construction and modification of stationary sources as provided under
CAA section 110(a)(2)(C), CAA Title I, parts C and D, and 40 CFR 51.160
through 51.166.
    (v) The initials SIP mean or refer to State Implementation Plan.
    (iv) The words State or Montana mean the State of Montana, unless
the context indicates otherwise.

I. What action is EPA taking?

A. Summary of Final Action

    EPA is taking final action to approve the Montana State
Implementation Plan (SIP) and rules submitted to EPA on September 23,
2011. This submission contained revisions to ARM 17.8.744, and new
rules I-VI, codified as ARM 17.8.1601, 17.8.1602, 17.8.1603, 17.8.1604,
17.8.1605, and 17.8.1606, pertaining to the regulation of oil and gas
well facilities. The Montana Board of Environmental Review (Board)
adopted these revisions to existing SIP revisions and new rules on
December 2, 2005 and they became effective on January 1, 2006. This
submission also contains new rules I-IX, codified as ARM 17.8.1701,
17.8.1702, 17.8.1703, 17.8.1704, 17.8.1705, 17.8.1710, 17.8.1711,
17.8.1712 and 17.8.1713 pertaining to the regulation of oil and gas
well facilities. The Board adopted these revisions to existing SIP
revisions and new rules on March 23, 2006 and they became effective on
April 7, 2006. The new rules and revisions meet the requirements of the
Act and EPA's minor NSR regulations.
    EPA proposed action for the above SIP revision submittals on
November 13, 2012 (77 FR 67596). We accepted comments from the public
on this proposal from November 14, 2012, until December 13, 2012. A
summary of the comments received and our evaluation thereof is
discussed in section III below. In the proposed rule, we described our
basis for the actions identified above. The reader should refer to the
proposed rule, and sections IV and V of this preamble, for additional
information regarding this final action.
    EPA reviews a SIP revision submission for its compliance with the
Act and EPA regulations. CAA 110(k)(3). We evaluated the submitted new
and revised rules based upon the regulations and associated record that
have been submitted and are currently before EPA. In order for EPA to
ensure that Montana has a program that meets the requirements of the
CAA, the State must demonstrate the program is as stringent as the Act
and the implementing regulations discussed in this notice. For example,
EPA must have sufficient information to make a finding that the new
program will ensure protection of the NAAQS, and noninterference with
the Montana SIP control strategies, as required by section 110(l) of
the Act. The provisions in these submittals were not submitted to meet
a mandatory requirement of the Act.

II. What is the background?

A. Brief Discussion of Statutory and Regulatory Requirements

    The CAA (section 110(a)(2)(C)) and 40 CFR 51.160 require states to
have legally

enforceable procedures to prevent construction or modification of a
source if it would violate any SIP control strategies or interfere with
attainment or maintenance of the National Ambient Air Quality Standards
(NAAQS). Such minor NSR programs are for pollutants from stationary
sources that do not require Prevention of Significant Deterioration
(PSD) or nonattainment NSR permits. States may customize the
requirements of the minor NSR program as long as their program meets
minimum requirements.
    Section 110(l) of the CAA states: ``[e]ach revision to an
implementation plan submitted by a State under this Act shall be
adopted by such State after reasonable notice and public hearing. The
Administrator shall not approve a revision to a plan if the revision
would interfere with any applicable requirement concerning attainment
and reasonable further progress (as defined in section 171), or any
other applicable requirement of this chapter.''
    The States' obligation to comply with each of the NAAQS is
considered as ``any applicable requirement(s) concerning attainment.''
A demonstration is necessary to show that this SIP revision will not
interfere with attainment or maintenance of the NAAQS, including those
for ozone, particulate matter, carbon monoxide (CO), sulfur dioxide
(SO2), lead, nitrogen oxides (NOX) or any other
requirement of the Act. Montana's demonstration of noninterference (see
docket), as submitted to EPA on September 23, 2011, provides sufficient
basis that the inclusion of the new rules and revisions, as described
in section I of this preamble, will not interfere with attainment,
reasonable further progress (RFP), or any other applicable requirement
of the CAA. Further details are provided in sections IV and V of this
action.

B. Summary of the Submittal Addressed in This Final Action

    The final action to approve the new and revised rules as described
in section I of this preamble, hereafter referred to as ``the
program'', would establish a registration system for certain facilities
that presently require a minor NSR air quality permit under the SIP
regulations. The new and revised rules would establish a general
registration system for oil and gas well facilities and would allow the
owner or operator of an oil or gas well facility to register with the
Montana Department of Environmental Quality (MDEQ) in lieu of
submitting a permit application and obtaining a permit to construct or
modify the source. Currently, with specific exemptions, the
administrative rules adopted under the Clean Air Act of Montana and
approved by the EPA into the SIP, require the owner or operator of
sources of air pollution to obtain a permit prior to construction or
modification.
    Montana originally submitted these rules on October 16, 2006, and
November 1, 2006 to EPA for inclusion into the SIP. EPA proposed action
on these submittals on January 6, 2011 (76 FR 758). EPA had several
concerns with the Program, as was explained in 76 FR 758. Montana
withdrew the October 16, 2006, and November 1, 2006, submittals in
March of 2011 and resubmitted the Program on September 23, 2011. The
September 23, 2011, submittal contained a 110(l) demonstration, as well
as other supplemental data, which addressed EPA's concerns that were
raised in 76 FR 758.

III. Response to Comments

    In response to our November 13, 2012 proposal, we received comments
from the following: Montana Petroleum Association, Inc. (MPA); True Oil
LLC; and the Montana Department of Environmental Quality (MDEQ).
A. MPA
    Comment: Commenter states MPA has reviewed the proposed approval
found at 77 FR 67596 and agrees with EPA's proposal to approve the
program as submitted on September 23, 2011. MPA encourages EPA to
promptly incorporate the new and revised rules, as outlined in 77 FR
67596, into the Montana SIP. MPA notes that the new and revised rules
provide a workable alternative to the Montana air quality permitting
program and that the program meets the requirements of CAA section
110(l) of the Federal Clean Air Act and other applicable requirements.
MPA outlined specific federal requirements and demonstrations from 77
FR 67596 in which they agree with EPA's proposed conclusions. For those
reasons, MPA concurs with EPA's proposed action.
    MPA further notes they had previously submitted comments to EPA in
regard to the incorporation of Subchapters 16 and 17 into the Montana
SIP. Those comments and analysis are contained in the Docket ID: EPA-
R08-OAR-2007-0662, which were in response to our January 6, 2011,
proposed action. MPA notes that their analysis is similar to that
submitted by MDEQ; MPA's analysis also reviewed ambient air quality
data around the state and compared this data to data collected near oil
and gas sites. MPA wishes to incorporate by reference their previous
comments and analysis as contained in EPA-R08-OAR-2007-0662 into their
comments for this rulemaking.
    Response: We acknowledge receipt of these comments and the support
for our proposal for approval. We also acknowledge receipt of the
comments submitted by MPA which are contained in EPA-R08-OAR-2007-0662
and hereby incorporate those comments by reference into MPA's comments
for this rulemaking.
B. True Oil, LLC
    Comment: Commenter states that they support EPA's proposed rule
found in 77 FR 67596 to approve the inclusion of Montana's Subchapters
16 and 17 into the Montana SIP. The commenter states they fully concur
with EPA's review of those rules and that they meet all obligations
under the Federal Clean Air Act for incorporation into a state SIP.
    Response: We acknowledge receipt of these comments and the support
for our proposal for approval.
C. MDEQ
    Comment: Commenter states that they support EPA's proposed rule
found in 77 FR 67596 to approve the inclusion of Montana's Subchapters
16 and 17 into the Montana SIP. The commenter states that Montana's Oil
and Gas Registration program represents advanced regulatory ideas for
stewardship and sustainability and that the program is an innovative,
efficient method for ensuring sources install and operate emission
control equipment that protects and improves air quality. The commenter
also states they appreciate the time EPA invested in reviewing and
studying the issues around Montana's Oil and Gas Registration program.
    Response: We acknowledge receipt of these comments and the support
for our proposal for approval. EPA recognizes that approval of an oil
and gas registration program is a priority for the State; EPA also
indicates its support for registration/permit-by-rule programs as they
provide efficiencies and environmental benefits. EPA commends MDEQ for
periodically revising their SIP in order to adapt to environmental,
economic and social changes, and recognizing the need for a more
collaborative, flexible, and performance based regulatory strategy to
meet the regulatory challenge posed by Montana's oil and gas industry.
EPA also commends Montana's work in developing an approvable program
that is consistent with CAA and regulatory requirements.

IV. What are the grounds for this approval action?

    EPA evaluated the new rules and revisions, as described in section
I of this preamble, using the following:
    (1) The statutory requirements under CAA section 110(a)(2)(c),
which requires states to include a minor NSR program in their SIP to
regulate modifications and new construction of stationary sources
within the area as necessary to assure the NAAQS are achieved;
    (2) The regulatory requirements under 40 CFR 51.160, including
section 51.160(a), which require that the SIP include legally
enforceable procedures that enable a state or local agency to determine
whether construction or modification of a facility, building, structure
or installation, or combination of these will result in a violation of
applicable portions of the control strategy; or interference with
attainment or maintenance of a national standard in the state in which
the proposed source (or modification) is located or in a neighboring
state; section 51.160(b), which requires states to have legally
enforceable procedures to prevent construction or modification of a
source if it would violate any SIP control strategies or interfere with
attainment or maintenance of the NAAQS; and
    (3) The statutory requirements under CAA section 110(l), which
provides that EPA cannot approve a SIP revision if the revision would
interfere with any applicable requirement concerning attainment and
RFP, or any other applicable requirement of the CAA. Therefore, EPA
will approve a SIP revision only after a state has demonstrated that
such a revision will not interfere (``noninterference'') with
attainment of the NAAQS, RFP or any other applicable requirement of the
CAA. In this instance, EPA asked the State to submit an analysis
showing that the new rules and revisions, as described in section I of
this preamble, would not violate section 110(l) of the CAA (see
docket); this is also referred to as a ``demonstration of
noninterference'' with attainment and maintenance under CAA section
110(l). The scope and rigor of the demonstration of noninterference
conducted in support of this notice is appropriate given the air
quality status of the State, and the potential impact of the revision
on air quality and the pollutants affected.
    As EPA described in this preamble and in the proposed notice (77 FR
67596), the new rules and revisions we are taking final action to
approve meet the requirements of CAA section 110(a)(2)(c) and 40 CFR
51.160. In addition, the State's September 23, 2011, demonstration of
noninterference indicates that incorporating the new rules and
revisions, as described in section I of this preamble, will not
interfere with attainment of the NAAQS, RFP, or any other applicable
requirement of the CAA.

V. Final Action

    EPA is taking final action to approve the new and revised rules as
submitted by Montana on September 23, 2011, based upon three criteria.
First, the State provided sufficient information to determine that the
requested revision to add the new oil and gas registration program to
the Montana Minor NSR SIP will not interfere with any applicable
requirement concerning attainment and RFP as required by CAA section
110(l), or any other requirement of the Act; Second, the new rules
comply with CAA section 110(a)(2)(C), which requires states to include
a minor NSR program in their SIP to regulate modifications and new
construction of stationary sources within the area as necessary to
assure the NAAQS are achieved; Third, the new rules comply with 40 CFR
51.160.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this final action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 21, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to

enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq

    Dated: April 26, 2013.
Howard M. Cantor,
Acting Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart BB--Montana

0
2. Section 52.1370 is amended by adding paragraph (c)(73) to read as
follows:

Sec.  52.1370  Identification of plan.

* * * * *
    (c) * * *
    (73) On September 23, 2011, the State of Montana submitted new
rules to the Administrative Rules of Montana (ARM). The submittal
included new rules to ARM Chapter 17. The incorporation by reference in
paragraphs (i)(A) and (i)(B) reflect the new rules.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana: 17.8.1601, Definitions;
17.8.1602, Applicability and Coordination with Montana Air Quality
Permit Rules; 17.8.1603, Emission Control Requirements; 17.8.1604,
Inspection and Repair Requirements; 17.8.1605, Recordkeeping
Requirements; 17.8.1606, Delayed Effective Date; effective January 1,
2006.
    (B) Administrative Rules of Montana: 17.8.1701, Definitions;
17.8.1702, Applicability; 17.8.1703, Registration Process and
Information; 17.8.1704, Registration Fee; 17.8.1705, Operating
Requirements: Facility-wide; 17.8.1710, Oil or Gas Well Facilities
General Requirements; 17.8.1711, Oil or Gas Well Facilities Emission
Control Requirements; 17.8.1712, Oil or Gas Well Facilities Inspection
and Repair Requirements; 17.8.1713, Oil or Gas Well Facilities
Recordkeeping and Reporting Requirements; effective April 7, 2006.

[FR Doc. 2013-27555 Filed 11-18-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Proposed Rules]
[Pages 21123-21126]
[FR Doc No: 2023-07189]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0662; Project Identifier MCAI-2022-00745-T]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2020-07-13, which applies to certain Bombardier, Inc., Model BD-100-
1A10 airplanes. AD 2020-07-13 requires revising the existing airplane
flight manual (AFM) to provide the flightcrew with new warnings for
``Autoflight'' and ``Engine Failure in Climb During ALTS CAP.'' Since
the FAA issued AD 2020-07-13, the procedures were revised to ensure
that all applicable altitude capture modes utilized and annunciated in
the affected fleet are included and to more clearly denote these
altitude capture modes. This proposed AD would require revising the
existing AFM to provide the flightcrew with new warnings for
``Autoflight'' and ``Engine Failure in Climb During (V) ALTS CAP or (V)
ALTV CAP.'' The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by May 25,
2023.

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 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. AD
Docket: You may examine the AD docket at regulations.gov under Docket
No. FAA-2023-0662; or in person at Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this NPRM, the mandatory continuing airworthiness information
(MCAI), any comments received, and other information. The street
address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact
Bombardier Business Aircraft Customer Response Center, 400 C[ocirc]te-
Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone 514-
855-2999; email bombardier.com">[email protected]bombardier.com; website bombardier.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aerospace
Engineer, Avionics and Electrical Systems Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone
516-228-7367; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-0662; Project Identifier
MCAI-2022-00745-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner.

Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is
exempt from public disclosure. If your comments responsive to this NPRM
contain commercial or financial information that is customarily treated
as private, that you actually treat as private, and that is relevant or
responsive to this NPRM, it is important that you clearly designate the
submitted comments as CBI. Please mark each page of your submission
containing CBI as ``PROPIN.'' The FAA will treat such marked
submissions as confidential under the FOIA, and they will not be placed
in the public docket of this NPRM. Submissions containing CBI should be
sent to Steven Dzierzynski, Aerospace Engineer, Avionics and Electrical
Systems Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected]. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

    The FAA issued AD 2020-07-13, Amendment 39-19892 (85 FR 20394,
April 13, 2020) (AD 2020-07-13), for certain Bombardier, Inc., Model
BD-100-1A10 airplanes. AD 2020-07-13 was prompted by an MCAI originated
by Transport Canada, which is the aviation authority for Canada.
Transport Canada issued AD CF-2019-12, dated April 3, 2019 (AD CF-2019-
12), to correct an unsafe condition.
    AD 2020-07-13 requires revising the existing AFM to provide the
flightcrew with new warnings for ``Autoflight'' and ``Engine Failure in
Climb During ALTS CAP.'' The FAA issued AD 2020-07-13 to address the
occurrence of an engine failure during or before a climb while in ALTS
CAP or (V) ALTS CAP mode, as it could cause the airspeed to drop
significantly below the safe operating speed and may require prompt
flightcrew intervention to maintain a safe operating speed.

Actions Since AD 2020-07-13 was Issued

    Since the FAA issued AD 2020-07-13, Transport Canada superseded AD
CF-2019-12 and issued Transport Canada AD CF-2019-12R1, dated June 9,
2022 (referred to after this as the MCAI), to correct an unsafe
condition on certain Bombardier, Inc., Model BD-100-1A10 airplanes. The
MCAI states that during altitude capture flight, the flight guidance/
autopilot does not account for engine failure while capturing an
altitude. The MCAI states that Transport Canada AD CF-2019-12
referenced specific altitude capture modes but did not consider all
possible available annunciated altitude capture modes used in the
affected airplanes. Therefore, the MCAI mandates further updates to the
Limitation and Emergency Procedures sections of the AFM to ensure that
all applicable altitude capture modes utilized and annunciated in the
affected fleet are included and more clearly denotes these altitude
capture modes in these new procedures.
    The FAA is proposing this AD to address the occurrence of an engine
failure during or before a climb while in altitude capture flight. The
unsafe condition, if not addressed, could cause the airspeed to drop
significantly below the safe operating speed and may require prompt
flightcrew intervention to maintain a safe operating speed.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-0662.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following service information, which provides
new warnings for the ``Autoflight'' procedure in Section 02-04,
``Systems Limitations,'' of the LIMITATIONS section; and ``Engine
Failure in Climb During (V) ALTS CAP or (V) ALTV CAP,'' procedure in
Section 03-32, ``Powerplant,'' of the EMERGENCY PROCEDURES section; of
the applicable AFMs.
     Bombardier Challenger 300 Airplane Flight Manual (Imperial
Version), Publication No. CSP 100-1, Revision 69, dated July 4, 2022.
(For obtaining the procedures for Bombardier Challenger 300 AFM
(Imperial Version), Publication No. CSP 100-1, use Document
Identification No. CH 300 AFM-I.)
     Bombardier Challenger 350 Airplane Flight Manual,
Publication No. CH 350 AFM, Revision 34, dated June 14, 2022. (For
obtaining the procedures for Bombardier Challenger 350 AFM, Publication
No. CH 350 AFM, use Document Identification No. CH 350 AFM.)
    These documents are distinct since they apply to different airplane
models in different configurations. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with this State of Design Authority,
it has notified the FAA of the unsafe condition described in the MCAI
and service information described above. The FAA is issuing this NPRM
after determining that unsafe condition described previously is likely
to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain none of the requirements of AD 2020-
07-13. This proposed AD would require revising the existing AFM to
provide the flightcrew with new warnings for ``Autoflight'' and
``Engine Failure in Climb During (V) ALTS CAP or (V) ALTV CAP.''

Compliance With AFM Revisions

    Transport Canada AD CF-2019-12R1 requires operators to ``advise all
flight crews'' of revisions to the AFM, and thereafter to ``operate the
aeroplane accordingly.'' However, this proposed AD would not
specifically require those actions as those actions are already
required by FAA regulations. FAA regulations require operators furnish
to pilots any changes to the AFM (for example, 14 CFR 121.137), and to
ensure the pilots are familiar with the AFM (for example, 14 CFR
91.505). As with any other flightcrew training requirement, training on
the updated AFM content is tracked by the operators and recorded in
each pilot's training record, which is available for the FAA to review.
FAA regulations also require pilots to follow the procedures in the
existing AFM including all updates. 14 CFR 91.9 requires that any
person operating a civil aircraft must comply with the operating
limitations specified in the AFM. Therefore, including a requirement in
this proposed AD to operate the airplane according to the revised AFM
would be redundant and unnecessary.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 244 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85          $20,740
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    The FAA has 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) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

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:
0
a. Removing Airworthiness Directive (AD) 2020-07-13, Amendment 39-19892
(85 FR 20394, April 13, 2020); and
0
b. Adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2023-0662; Project Identifier MCAI-
2022-00745-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by May 25, 2023.

(b) Affected ADs

    This AD replaces AD 2020-07-13, Amendment 39-19892 (85 FR 20394,
April 13, 2020) (AD 2020-07-13).

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-100-1A10
airplanes, certificated in any category, serial numbers 20003
through 20500 inclusive, and 20501 through 20867 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 22, Auto flight.

(e) Reason

    This AD was prompted by a report that during altitude capture
flight, the flight guidance/autopilot does not account for engine
failure while capturing an altitude. The FAA is issuing this AD to
address the occurrence of an engine failure during or before a climb
while in altitude capture flight. The unsafe condition, if not
addressed, could cause the airspeed to drop significantly below the
safe operating speed and may require prompt flightcrew intervention
to maintain a safe operating speed.

(f) Compliance

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

(g) Revision of Existing Airplane Flight Manual (AFM)

    Within 30 days after the effective date of this AD, revise the
existing AFM to include the information specified in ``Autoflight''
procedure in Section 02-04, ``System Limitations,'' of the
LIMITATIONS section, and ``Engine Failure in Climb During (V) ALTS
CAP or (V) ALTV CAP,'' procedure in Section 03-32, ``Powerplant,''
of the EMERGENCY PROCEDURES section; of the Bombardier Challenger
300 Airplane Flight Manual (Imperial Version), Publication No. CSP
100-1, Revision 69, dated July 4, 2022 (for airplanes having serial
numbers 20003 through 20500 inclusive); or the Bombardier Challenger
350 Airplane Flight Manual, Publication No. CH 350 AFM, Revision 34,
dated June 14, 2022 (for airplanes having serial numbers 20501
through 20867 inclusive); as applicable.
    Note 1 to paragraph (g): For obtaining the procedures for
Bombardier Challenger 300 AFM (Imperial Version), Publication No.
CSP 100-1, use Document Identification No. CH 300 AFM-I.
    Note 2 to paragraph (g): For obtaining the procedures for
Bombardier Challenger 350 AFM, Publication No. CH 350 AFM, use
Document Identification No. CH 350 AFM.

(h) Additional AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the New York ACO
Branch, mail it to ATTN: Program Manager, Continuing Operational
Safety, at the address identified in paragraph (i)(2) of this AD or
email to: [email protected]. If mailing information, also
submit information by email. Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada; or Bombardier, Inc.'s Transport
Canada Design Approval Organization (DAO). If approved by the DAO,
the approval must include the DAO-authorized signature.

(i) Additional Information

    (1) Refer to Transport Canada AD CF-2019-12R1, dated June 9,
2022, for related information. This Transport Canada AD may be found
in the AD docket at regulations.gov under Docket No. FAA-2023-0662.
    (2) For more information about this AD, contact Steven
Dzierzynski, Aerospace Engineer, Avionics and Electrical Systems
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected].

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Section 02-04, ``Systems Limitations,'' of the LIMITATIONS
section, of the Bombardier Challenger 300 Airplane Flight Manual
(Imperial Version), Publication No. CSP 100-1, Revision 69, dated
July 4, 2022.
    Note 1 to paragraph (j)(2)(i) of this AD: This note applies to
paragraphs (j)(2)(i) and (ii). For obtaining the procedures for
Bombardier Challenger 300 AFM (Imperial Version), Publication No.
CSP 100-1, use Document Identification No. CH 300 AFM-I.
    (ii) Section 03-32, ``Powerplant,'' of the EMERGENCY PROCEDURES
section, of the Bombardier Challenger 300 Airplane Flight Manual
(Imperial Version), Publication No. CSP 100-1, Revision 69, dated
July 4, 2022.
    (iii) Section 02-04, ``Systems Limitations,'' of the LIMITATIONS
section, of the Bombardier Challenger 350 Airplane Flight Manual,
Publication No. CH 350 AFM, Revision 34, dated June 14, 2022.
    Note 2 to paragraph (j)(2)(iii): This note applies to paragraphs
(j)(2)(iii) and (iv) of this AD. For obtaining the procedures for
Bombardier Challenger 350 AFM, Publication No. CH 350 AFM, use
Document Identification No. CH 350 AFM.
    (iv) Section 03-32, ``Powerplant,'' of the EMERGENCY PROCEDURES
section, of the Bombardier Challenger 350 Airplane Flight Manual,
Publication No. CH 350 AFM, Revision 34, dated June 14, 2022.
    (3) For service information identified in this AD, contact
Bombardier Business Aircraft Customer Response Center, 400
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone<PHONE_NUMBER>; email bombardier.com">[email protected]bombardier.com; website
bombardier.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 1, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-07189 Filed 4-7-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Notices]
[Pages 73726-73727]
[FR Doc No: 2020-25601]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2020-N-1394]

Richard M. Simon: Final Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is issuing an
order under the Federal Food, Drug, and Cosmetic Act (FD&C Act)
permanently debarring Richard M. Simon from providing services in any
capacity to a person that has an approved or pending drug product
application. FDA bases this order on a finding that Richard M. Simon
was convicted of a felony under Federal law for conduct that relates to
the regulation of a drug product under the FD&C Act. Mr. Simon was
given notice of the proposed permanent debarment and an opportunity to
request a hearing to show why he should not be debarred. As of August
6, 2020 (30 days after receipt of the notice), Mr. Simon had not
responded. Mr. Simon's failure to respond and request a hearing
constitutes a waiver of his right to a hearing concerning this action.

DATES: This order is applicable November 19, 2020.

ADDRESSES: Submit applications for special termination of debarment to
the Dockets Management Staff (HFA-305), Food and Drug Administration,
5630 Fishers Lane, Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jaime Espinosa, (ELEM-4029) Division
of Enforcement, Office of Strategic Planning and Operational Policy,
Office of Regulatory Affairs, Food and Drug Administration, 12420
Parklawn Dr., Rockville, MD 20857<EMAIL_ADDRESS>or at 240-
402-8743.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(a)(2)(B) of the FD&C Act (21 U.S.C. 335a(a)(2)(B))
requires debarment of an individual from providing services in any
capacity to a person that has an approved or pending drug product
application if FDA finds that the individual has been convicted of a
felony under Federal law for conduct relating to the regulation of any
drug product under the FD&C Act. On January 21, 2020, Mr. Simon was
convicted as defined in section 306(l)(1) of the FD&C Act when judgment
was entered against him in the U.S. District Court for the District of
Massachusetts, after a jury verdict, on one count of Racketeering
Conspiracy in violation of 18 U.S.C. 1962(d). The pattern of
racketeering activity he was convicted of included engaging in multiple
acts of mail fraud (18 U.S.C. 1341) and wire fraud (18 U.S.C. 1343).
    The factual basis for this conviction is as follows: Mr. Simon held
executive management positions, including Regional Sales Manager for
the Southeast Region and Vice President of Sales, of Insys Therapeutics
Inc. (Insys), a Delaware Corporation, with headquarters in Chandler,
Arizona. Insys developed and owned a drug called SUBSYS, a liquid
formulation of fentanyl to be applied under the tongue. FDA approved
SUBSYS for the management of breakthrough pain in adult cancer patients
who are already receiving and are already tolerant to opioid therapy
for their underlying persistent cancer pain. From early 2012 and
continuing through 2015, Mr. Simon participated in a conspiracy whereby
employees of Insys bribed medical practitioners in various states to
get those practitioners to increase prescribing SUBSYS to their
patients, many of whom did not have cancer. Mr. Simon, along with his
co-conspirators, measured the effect of these bribes on each
practitioner's prescribing habits and on the revenue that each bribed
practitioner generated for Insys. Mr. Simon, along with his co-
conspirators, reduced or eliminated bribes paid to those practitioners
who failed to meet the minimum prescription requirements or failed to
generate enough revenue to justify additional bribes.
    As a result of this conviction, FDA sent Mr. Simon by certified
mail on August 3, 2020, a notice proposing to permanently debar him
from providing services in any capacity to a person that has an
approved or pending drug product application. The proposal was based on
a finding, under section 306(a)(2)(B) of the FD&C Act, that Mr. Simon
was convicted of a felony under Federal law for conduct relating to the
regulation of a drug product under the FD&C Act. The proposal also
offered Mr. Simon an opportunity to request a hearing, providing him 30
days from the date of receipt of the letter in which to file the
request, and advised him that failure to request a hearing constituted
an election not to use the opportunity for a hearing and a waiver of
any contentions concerning this action. Mr. Simon received the proposal
on August 7, 2020. He did not request a hearing within the timeframe
prescribed by regulation and has, therefore, waived his opportunity for
a hearing and any contentions concerning his debarment (21 CFR part
12).

II. Findings and Order

    Therefore, the Assistant Commissioner, Office of Human and Animal
Food Operations, under section 306(a)(2)(B) of the FD&C Act, under
authority delegated to the Assistant Commissioner, finds that Mr. Simon
has been convicted of a felony under Federal law for conduct otherwise
relating to the regulation of a drug product under the FD&C Act.
    As a result of the foregoing finding, Mr. Simon, is permanently
debarred from providing services in any capacity to a person with an
approved or pending drug product application, effective (see DATES)
(see section 306(a)(2)(B) and (c)(2)(A)(ii) of the FD&C Act). Any
person with an approved or pending drug product application who
knowingly employs or retains as a consultant or contractor, or
otherwise uses the services of Mr. Simon, in any capacity, during his
debarment, will be subject to civil money penalties (section 307(a)(6)
of the FD&C Act (21 U.S.C. 335b(a)(6))). If Mr. Simon provides services
in any capacity to a person with an approved or pending drug product
application during his period of debarment, he will be subject to civil
money penalties (section 307(a)(7) of the FD&C Act). In addition, FDA
will not accept or review any abbreviated new drug application from Mr.
Simon during his period of debarment, other than in connection with an
audit under section 306(c)(1)(B) of the FD&C Act. Note that, for
purposes of section 306 of the FD&C Act, a ``drug product'' is defined
as a drug subject to regulation under section 505, 512, or 802 of the
FD&C Act (21 U.S.C. 355, 360b, or 382) or under section 351 of the
Public Health Service Act (42 U.S.C. 262) (see section 201(dd) of the
FD&C Act (21 U.S.C. 321(dd))).
    Any application by Mr. Simon for special termination of debarment
under section 306(d)(4) of the FD&C Act should be identified with
Docket No. FDA-2020-N-1394 and sent to the Dockets Management Staff
(see ADDRESSES). The public availability of information in these
submissions is governed by 21 CFR 10.20.
    Publicly available submissions will be placed in the docket and
will be viewable at https://www.regulations.gov or at the Dockets
Management Staff (see ADDRESSES) between 9 a.m. and 4 p.m., Monday
through Friday,<PHONE_NUMBER>.

    Dated: November 16, 2020.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2020-25601 Filed 11-18-20; 8:45 am]
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[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Notices]
[Page 62494]
[FR Doc No: 2016-21746]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 11175-025]

Crown Hydro, LLC; Minnesota Notice of Availability of Draft
Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission or FERC's)
regulations, 18 Code of Federal Regulations (CFR) Part 380 (Order No.
486,52 Federal Register [FR] 47897), the Office of Energy Projects has
reviewed Crown Hydro, LLC's application for an amendment to original
license for the Crown Mill Hydroelectric Project (FERC Project No.
11175), that would be located on the Mississippi River at the U.S. Army
Corps of Engineers' (Corps') lock facility in Minneapolis, Minnesota.
    Staff prepared a draft environmental assessment (EA), which
analyzes the potential environmental effects of amending the license
for the project, and concludes that the amended license, with
appropriate environmental protective measures, would not constitute a
major federal action that would significantly affect the quality of the
human environment.
    A copy of the draft EA is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
at www.ferc.gov using the ``eLibrary'' link. Enter the docket number
excluding the last three digits in the docket number field to access
the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll-free at 1-866-208-3676, or for TTY,
202-502-8659.
    You may also register online at www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    Any comments should be filed within 30 days from the date of this
notice. Comments may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support. Although the Commission strongly encourages electronic filing,
documents may also be paper-filed. To paper-file, mail an original and
five copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426.
    For further information, contact Mo Fayyad by telephone at (202)
502-8759, or at<EMAIL_ADDRESS>
    Dated: September 2, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-21746 Filed 9-8-16; 8:45 am]
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