[Federal Register Volume 82, Number 50 (Thursday, March 16, 2017)]
[Notices]
[Pages 14094-14095]
[FR Doc No: 2017-05217]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80210; File No. SR-NASDAQ-2017-023]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend the Continued Listing Requirements for Exchange-Traded Products

March 10, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 24, 2017, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Nasdaq Rules 5705 and 5735 to
reinsert a word that is in the current rule language for these rules,
but would otherwise be deleted once SR-NASDAQ-2016-135 goes into effect
later this year.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaq.cchwallstreet.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    Earlier this year, the Commission approved a Nasdaq filing (the
``Prior Filing'') to amend the continued listing requirements for
exchange-traded products (``ETPs'').\3\ The Exchange now proposes to
make a minor amendment to Nasdaq Rules 5705(a) and (b), as well as
Nasdaq Rule 5735, to reinsert a word inadvertently deleted by the Prior
Filing and that is in the current rule language for these rules, but
would otherwise be deleted once the Prior Filing goes into effect later
this year.
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    \3\ See Securities Exchange Act Release No. 79784 (Jan. 12,
2017), 82 FR 6664 (Jan. 19, 2017) (SR-NASDAQ-2016-135) (the ``Prior
Filing'').
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    Under the fixed income section for Portfolio Depository Receipts
(Nasdaq Rule 5705(a)), Index Fund Shares (Nasdaq Rule 5705(b)), and
Managed Fund Shares (Nasdaq Rule 5735(b)) the word ``original'' has
been reinserted. Specifically, the word ``original'' has been
reinserted, respectively, into the following sentences: ``Components
that in aggregate account for at least 75% of the weight of the index
or portfolio must have a minimum original principal amount outstanding
of $100 million or more;'' in the case of Nasdaq Rules 5705(a) and
5705(b); and ``Components that in the aggregate account for at least
75% of the fixed income weight of the portfolio each shall have a
minimum original principal amount outstanding of $100 million or
more;'' in the case of Nasdaq Rule 5735(b).
    Adding the word ``original'' back into the above sentences and into
the designated rules properly reflects the intended meaning of the
sentence and is in keeping with the language as it was initially
adopted.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\4\ in general and with
Section 6(b)(5) of the Act,\5\ in particular in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in

general, to protect investors and the public interest.
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    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change will provide
clarity and accurately reflect the intent of the rules amended herein
to the benefit of investors and the public interest by correcting an
error caused by the inadvertent deletion of a word in the Prior Filing
in Nasdaq Rules 5705(a) and (b) and 5735(b).

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended. The
proposed rule change simply corrects an inadvertent deletion made in
the Prior Filing to the rules amended herein. For this reason, Nasdaq
does not believe that the proposed rule change will result in any
burden on competition.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) \6\ of the Act and Rule 19b-
4(f)(6) thereunder.\7\
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2017-023 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2017-023. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2017-023 and should
be submitted on or before April 6, 2017.
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    \8\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-05217 Filed 3-15-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: June 1, 2010 (Volume 75, Number 104)]
[Rules and Regulations]
[Page 30280-30282]
[DOCID:fr01jn10-7]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 39

[Docket No. FAA-2008-0788; Directorate Identifier 2008-CE-039-AD;
Amendment 39-16313; AD 2010-11-08]
RIN 2120-AA64

Airworthiness Directives; Stemme GmbH & Co. KG Model S10-VT
Powered Sailplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD)
for the products listed above. This AD results from mandatory
continuing airworthiness information (MCAI) issued by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    AD 2007-0315-E was issued to address a possible fuel leakage in
the gear compartment in front of the engine and mandated inspections
and replacement of fuel plastic-made connectors by connectors made
of metal. Since its publication, another fuel leakage has been
reported on a S10-VT which had implemented the STEMME Service
Bulletin (SB) A31-10-082 as required by AD 2007-0315-E.
    It has been determined that the fuel leak may have been caused
by the deformation that the originally installed clamps created on
the fuel hoses and thus preventing the new clamps from being
sufficiently pinched to perform a correct tightening.

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective July 6, 2010.
    On July 6, 2010, the Director of the Federal Register approved the
incorporation by reference of STEMME F & D Service Bulletin A31-10-083,
Am-Index: 01.b, dated May 6, 2009, listed in this AD.
    As of June 23, 2008 (73 FR 31355, June 2, 2008), the Director of
the Federal Register approved the incorporation by reference of STEMME
F & D Service Bulletin A31-10-083, Am-Index: 01.a, dated February 26,
2008, listed in this AD.
    As of February 20, 2008 (73 FR 5733, January 31, 2008), the
Director of the Federal Register approved the incorporation by
reference of STEMME F & D Service Bulletin A31-10-082, AM.-Index: 01.a,
dated November 30, 2007, listed in this AD.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the Docket Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Greg Davison, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on July 3, 2008 (73 FR
38160), and proposed to supersede AD 2008-11-20, Amendment 39-15543 (73
FR 31355, June 2, 2008).
    AD 2008-11-20 was issued as an interim action in order to address
the need for the immediate prevention of leaks in the area of the fuel
line.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, issued Emergency
AD No. 2008-0053-E, dated March 5, 2008 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products.
    The EASA AD requires mandatory replacement of STEMME part number
(P/N) M476 single-ear clamps in the fuel system with P/N 10M-181
single-ear clamps on all affected sailplanes within 12 months after the
effective date of the AD.
    The Administrative Procedure Act does not permit the FAA to
``bootstrap'' a long-term requirement into an urgent safety of flight
action where the rule becomes effective at the same time the public has
the opportunity to comment. The short-term action and the long-term
action are analyzed separately for justification to bypass prior public
notice.
    We are issuing this AD to address the mandatory replacement of all
P/Ns M476 in the fuel system with P/Ns 10M-181.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received.

Comment Issue: Allow Installation of a Stainless Steel T- and Y-
Connector in the Fuel System in Lieu of a Zinc Metal T- and Y-Connector

    Gary Rode requests allowance to install an appropriately sized
stainless steel fuel connector fitting instead of the zinc metal
connector specified in STEMME F & D Service Bulletin A31-10-083, Am-
Index: 01.a, dated February 26, 2008.
    Mr. Rode states the zinc metal fuel connector fitting identified in
the manufacturer's service bulletin is improperly sized and is made
from a material that is susceptible to corrosion. Mr. Rode also states
his disagreement with the manufacturer's use of a smaller clamp to
alleviate fuel leakage at the fuel connector/hose interface.
    Mr. Rode recommends using a specific stainless steel connector that
has a larger outside diameter. He states that using a larger diameter
connector would provide a better fit when matched with the fuel hose
inside diameter, thereby eliminating fuel leakage. Also, using a
stainless steel connector would provide greater corrosion resistance.
    We agree that the stainless steel connector is an acceptable
replacement part. We do not agree that the zinc metal connector is an
unsafe part.
    We have coordinated Mr. Rode's concerns with the German
airworthiness authority (LBA) and the manufacturer. The manufacturer
has, in agreement with the LBA, revised STEMME F & D Service Bulletin
A31-10-083, Am-Index: 01.a, dated February 26, 2008, to include
allowance for installing a stainless steel connector as an optional
replacement part.
    There has not been any safety issue related to the zinc metal
connector reported in Europe or in the United States. Therefore, based
on service history, we have elected at this time to not mandate a
replacement of the zinc metal connector.
    We have changed the final rule AD action to incorporate using
STEMME F & D Service Bulletin A31-10-083, Am-Index: 01.b, dated May 6,
2009, which allows installing a zinc metal fuel connector or a
stainless steel fuel connector.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the AD.

Costs of Compliance

    Based on the service information, we estimate that this AD will
affect 46 products of U.S. registry. We also estimate that it will take
about 3 work-hours per product to comply with the basic requirements of
this AD. The average labor rate is $80 per work-hour.
    Based on these figures, we estimate the cost of the AD on U.S.
operators to be $11,040, or $240 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD Docket.

Examining the AD Docket

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-15543 (73 FR
31355; June 2, 2008), and adding the following new AD:

2010-11-08 Stemme GmbH & Co. KG: Amendment 39-16313; Docket No. FAA-
2008-0788; Directorate Identifier 2008-CE-039-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 6,
2010.

Affected ADs

    (b) This AD supersedes AD 2008-11-20, Amendment 39-15543.

Applicability

    (c) This AD applies to Model S10-VT powered sailplanes, serial
numbers 11-001 through 11-112, certificated in any category.

Subject

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

Reason

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

    AD 2007-0315-E was issued to address a possible fuel leakage in
the gear compartment in front of the engine and mandated inspections
and replacement of fuel plastic-made connectors by connectors made
of metal. Since its publication, another fuel leakage has been
reported on a S10-VT which had implemented the STEMME Service
Bulletin (SB) A31-10-082 as required by AD 2007-0315-E.
    It has been determined that the fuel leak may have been caused
by the deformation that the originally installed clamps created on
the fuel hoses and thus preventing the new clamps from being
sufficiently pinched to perform a correct tightening.
    The present Airworthiness Directive (AD) supersedes AD 2007-
0315-E and requires you to check the fuel system according to the
STEMME SB A31-10-083 as well as to replace single-ear clamps and
plastic connectors.
    The actions specified by this AD are intended to reduce the
potential for a fire to ignite and which could lead to loss of
control of the sailplane.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) For all sailplanes affected by this AD, except for serial
numbers 11-036, 11-067, 11-068, and 11-090: Before further flight
after March 21, 2008 (the compliance date retained from AD 2008-03-
06, which was superseded by AD 2008-11-20), replace all plastic T-
and Y-connectors in the fuel system with metal connectors. Do the
replacements following STEMME F & D Service Bulletin A31-10-082,
AM.-Index: 01.a, dated November 30, 2007, or STEMME F & D Service
Bulletin A31-10-083, Am-Index: 01.b, dated May 6, 2009.

    Note 1: Serial numbers 11-036, 11-067, 11-068, and 11-090 had
the plastic T- and Y-connectors in the fuel system replaced with
metal connectors by the manufacturer.

    (2) For all sailplanes affected by this AD: Before further
flight after June 23, 2008 (the compliance date retained from AD
2008-11-20), inspect the fuel system for possible leakage. Do the
inspection following STEMME F & D Service Bulletin A31-10-083, Am-
Index: 01.a, dated February 26, 2008, or STEMME F & D Service
Bulletin A31-10-083, Am-Index: 01.b, dated May 6, 2009.
    (3) For all sailplanes affected by this AD: If any leak is found
during the inspection required in paragraph (f)(2) of this AD,
before further flight, repair the leak following an FAA-approved
procedure and replace all STEMME part number (P/N) M476 single-ear
clamps in the fuel system with P/N 10M-181 single-ear clamps.
Contact the manufacturer at the address specified in paragraph
(i)(4) of this AD to obtain an FAA-approved repair procedure. Do the
replacements following

STEMME F & D Service Bulletin A31-10-083, Am-Index: 01.a, dated
February 26, 2008, or STEMME F & D Service Bulletin A31-10-083, Am-
Index: 01.b, dated May 6, 2009.
    (4) For sailplanes that had P/Ns M476 replaced with P/Ns 10M-181
in compliance with AD 2008-11-20: Before further flight after July
6, 2010 (the effective date of this AD), do a leak test as specified
in STEMME F & D Service Bulletin A31-10-083, Am-Index: 01.a, dated
February 26, 2008, or STEMME F & D Service Bulletin A31-10-083, Am-
Index: 01.b, dated May 6, 2009.
    (5) For sailplanes that had P/Ns M476 replaced with P/Ns 10M-181
in compliance with AD 2008-11-20: If a leak is found during the leak
test required in paragraph (f)(4) of this AD, before further flight,
repair the leak following an FAA-approved procedure. Contact the
manufacturer at the address specified in paragraph (i)(4) of this AD
to obtain an FAA-approved repair procedure.
    (6) For all sailplanes affected by this AD: If no leak is found
during the inspection required in paragraph (f)(2) of this AD,
within the next 12 months after July 6, 2010 (the effective date of
this AD), replace all P/Ns M476 in the fuel system with P/Ns 10M-
181. Do the replacements following STEMME F & D Service Bulletin
A31-10-083, Am-Index: 01.a, dated February 26, 2008, or STEMME F & D
Service Bulletin A31-10-083, Am-Index: 01.b, dated May 6, 2009.
    (7) For all sailplanes affected by this AD: Before further
flight after doing the replacement required in paragraph (f)(6) of
this AD, do a leak test as specified in STEMME F & D Service
Bulletin A31-10-083, Am-Index: 01.a, dated February 26, 2008, or
STEMME F & D Service Bulletin A31-10-083, Am-Index: 01.b, dated May
6, 2009.
    (8) For all sailplanes affected by this AD: If a leak is found
during the leak test required in paragraph (f)(7) of this AD, before
further flight, repair the leak following an FAA-approved procedure.
Contact the manufacturer at the address specified in paragraph
(i)(4) of this AD to obtain an FAA-approved repair procedure.
    (9) For all sailplanes affected by this AD: After June 23, 2008
(the compliance date retained from AD 2008-11-20), do not install
plastic ``T'' and ``Y'' shape connectors and P/N M476 single-ear
clamps in the fuel system.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Greg Davison, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et. seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA)
Emergency AD No. 2008-0053-E, dated March 5, 2008; STEMME F & D
Service Bulletin A31-10-082, AM.-Index: 01.a, dated November 30,
2007; STEMME F & D Service Bulletin A31-10-083, Am-Index: 01.a,
dated February 26, 2008; and STEMME F & D Service Bulletin A31-10-
083, Am-Index: 01.b, dated May 6, 2009, for related information.

Material Incorporated by Reference

    (i) You must use STEMME F & D Service Bulletin A31-10-082, AM.-
Index: 01.a, dated November 30, 2007; STEMME F & D Service Bulletin
A31-10-083, Am-Index: 01.a, dated February 26, 2008; and STEMME F &
D Service Bulletin A31-10-083, Am-Index: 01.b, dated May 6, 2009, to
do the actions required by this AD, unless the AD specifies
otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of STEMME F & D Service Bulletin A31-10-
083, Am-Index: 01.b, dated May 6, 2009, under 5 U.S.C. 552(a) and 1
CFR part 51.
    (2) On June 23, 2008 (73 FR 31355, June 2, 2008), the Director
of the Federal Register previously approved the incorporation by
reference of STEMME F & D Service Bulletin A31-10-083, Am-Index:
01.a, dated February 26, 2008, listed in this AD.
    (3) On February 20, 2008 (73 FR 5733, January 31, 2008), the
Director of the Federal Register previously approved the
incorporation by reference of STEMME F & D Service Bulletin A31-10-
082, AM.-Index: 01.a, dated November 30, 2007, listed in this AD.
    (4) For service information identified in this AD, contact
STEMME GmbH & Co. KG, Flugplatzstra[szlig]e F 2, Nr. 7, 15344
Strausberg, Federal Republic of Germany; Internet: http://
www.stemme.de/man/.
    (5) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call<PHONE_NUMBER>.
    (6) You may also review copies of the service information
incorporated by reference for this AD at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Kansas City, Missouri, on May 18, 2010.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-12443 Filed 5-28-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)]
[Rules and Regulations]
[Pages 79260-79261]
[FR Doc No: 2015-31938]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-1064]

Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
Wrightsville Beach, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the SR 74 Bascule Bridge, across the
Atlantic Intracoastal Waterway (AIWW), mile 283.1, at Wrightsville
Beach, NC. The deviation is necessary to accommodate the 7th annual
Quintiles Wrightsville Beach Marathon. This deviation allows the bridge
to remain in the closed position during the race to facilitate the safe
travels of the runners and bystanders.

DATES: This deviation is effective from 5 a.m. to 10:30 a.m. on Sunday,
March 20, 2016.

ADDRESSES: The docket for this deviation, [USCG-2015-1064] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Kashanda Booker, Bridge
Administration Branch, Fifth Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The 7th Annual Quintiles Wrightsville Beach
Marathon committee on behalf of the North Carolina Department of
Transportation (NCDOT) has requested a temporary deviation from the
current operating schedule for the SR 74 Bascule Drawbridge across the
AIWW, mile 283.1, at Wrightsville Beach, NC. The requested deviation
will accommodate the 7th Annual Quintiles Wrightsville Beach Marathon
scheduled for Sunday, March 20, 2016. To facilitate this event, the
draw of the bridge will be maintained in the closed-to-navigation
position from 5 a.m. to 10:30 a.m. to allow race participants to cross
during the scheduled event.
    The current operation schedule is set out in 33 CFR 117.821(a)(4).
The regulation requires the bridge to open on signal for vessels at all
times except that from 7 a.m. until 7 p.m. the bridge shall open on the
hour; every third and fourth Saturday in September the bridge shall
remain closed from 7 a.m. until 11 a.m.; and the last Saturday of
October or the first or second Saturday of November the bridge shall
remain closed from 7 a.m. until 10:30 a.m. The bascule drawbridge has a
vertical clearance of 20 feet above mean high water (MHW) in the closed
position.
    Vessels able to pass through the bridge in the closed position may
do so at anytime. The bridge will be able to open for emergencies and
there is no immediate alternate route for vessels. Most waterway
traffic consists of recreational boats with a few barges and tugs
during the daytime. The Coast Guard will also inform the users of the
waterways through our Local and Broadcast Notices to Mariners of the
change in operating schedule for the bridge so that vessel operators
can arrange their transits to minimize any impact caused by the
temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: December 15, 2015.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2015-31938 Filed 12-18-15; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Notices]
[Pages 23209-23210]
[FR Doc No: E9-11426]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0009]

Lead in General Industry Standard; Extension of the Office of
Management and Budget's (OMB) Approval of Information Collection
(Paperwork) Requirements

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

ACTION: Request for public comment.

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SUMMARY: OSHA solicits comments concerning its proposal to extend OMB
approval of the information collection requirements contained in the
Lead in General Industry Standard (29 CFR 1910.1025).

DATES: Comments must be submitted (postmarked, sent, or received) by
July 17, 2009.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit three copies of your comments
and attachments to the OSHA Docket Office, Docket No. OSHA-2009-0009,
U.S. Department of Labor, Occupational Safety and Health
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington,
DC 20210. Deliveries (hand, express mail, messenger, and courier
service) are accepted during the Department of Labor's and Docket
Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA
docket number for the Information Collection Request (ICR) (OSHA-2009-
0009). All comments, including any personal information you provide,
are placed in the public docket without change, and may be made
available online at http://www.regulations.gov. For further information
on submitting comments see the ``Public Participation'' heading in the
section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may contact Jamaa Hill at the
address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Jamaa N. Hill or Todd Owen,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210;
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)).
    This program ensures that information is in the desired format,
reporting burden (time and costs) is minimal, collection instruments
are clearly understood, and OSHA's estimate of the information
collection burden is accurate. The Occupational Safety and Health Act
of 1970 (the Act) (29 U.S.C. 651 et seq.) authorizes information
collection by employers as necessary or appropriate for enforcement of
the Act or for developing information regarding the causes and
prevention of occupational injuries, illnesses, and accidents (29
U.S.C. 657).
    The information collection requirements in the Lead in General
Industry Standard are designed to reduce occupational lead exposure in
general industry. Lead exposure can result in both acute and chronic
effects and can be fatal in severe cases of lead toxicity. The standard
specifies the following requirements that impose paperwork burdens on
employers: Establishing a compliance program and notifying laundry
personnel of lead hazards; instituting programs for exposure monitoring
and medical surveillance (including medical examinations); notifying
employees of exposure levels, biological monitoring results, the option
for multiple physician review; and the restricted availability of
chelation; providing information to physicians; obtaining written
medical opinions; implementing employee information and training
programs; recording medical removals; maintaining and transferring
records of exposure monitoring and medical surveillance results,
medical removals, and objective data used for the initial exposure
monitoring exemption; and making records available to specified
parties.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting OMB to extend their approval of the information
collection requirements contained in the Lead in General Industry
Standard. The Agency proposes to decrease burden hours from 1,242,562
hours to 1,225,255 hours, a total decrease of 17,307 hours. The
decrease is primarily due to the reduction in the number of facilities
(from 62,357 to 61,405) and exposed employees (from 887,113 to
871,974). There is also a cost reduction as a result of reducing the
number of facilities and exposed employees as stated above. Although
there is a reduction in the number of facilities and exposed employees,
the cost estimate to perform medical surveillance has increased from
$61.50 to $65.37 and medical examinations have increased from $210 to
$223, resulting in a total cost increase of $2,578,340.

    Type of Review: Extension of currently approved information
collection requirements.
    Title: Lead in General Industry Standard (29 CFR 1910.1025).
    OMB Number: 1218-0092.
    Affected Public: Business or other for-profits; Federal government;
State, local and tribal governments.
    Number of Respondents: 61,405.
    Frequency: On occasion.
    Total Responses: 4,219,272.
    Average Time per Response: Ranges from 1 minute to notify employees
of their right to seek a second medical opinion to 2 hours for an
employee to receive a medical examination.
    Estimated Total Burden Hours: 1,225,255.
    Estimated Cost (Operation and Maintenance): $143,566,299.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2009-0009). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER> (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit
comments and access the docket is available at the Web site's ``User
Tips'' link. Contact the OSHA Docket Office for information about
materials not available through the Web site, and for assistance in
using the Internet to locate docket submissions.

V. Authority and Signature

    Jordan Barab, Acting Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice. The
authority for this notice is the Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 5-2007 (72 FR
31160).

    Signed at Washington, DC, this 11th day of May 2009.
Jordan Barab,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E9-11426 Filed 5-15-09; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 80, Number 181 (Friday, September 18, 2015)]
[Notices]
[Pages 56465-56466]
[FR Doc No: 2015-23476]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2004-0013; FRL-9934-37-OW]

Proposed Information Collection Request; Comment Request; EPA
Strategic Plan Information on Source Water Protection

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is planning to
submit an information collection request (ICR), ``EPA Strategic Plan
Information on Source Water Protection'' (EPA ICR No. 1816.06, OMB
Control No. 2040-0197) to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act
(PRA) (44 U.S.C. 3501 et seq.). Before doing so, EPA is soliciting
public comments on specific aspects of the proposed information
collection as described in this renewal notice. This is a proposed
extension of the existing ICR, which is approved through December 31,
2015. An Agency may not conduct or sponsor and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number.

DATES: Comments must be submitted on or before November 17, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2004-0013, on-line using www.regulations.gov (our preferred method), by
email to the OW Docket at<EMAIL_ADDRESS>or by mail to the Water
Docket, Environmental Protection Agency, EPA Docket Center (EPA/DC),
Mail Code: 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanities, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Beth Hall, Drinking Water Protection
Division--Prevention Branch, Office of Ground Water and Drinking Water
(MC 4606M), Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
202-564-3756; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents that explain in detail
the information that EPA will be collecting are available in the public
docket for this ICR. The docket can be viewed online at http://www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to: (i) Evaluate whether
the proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility and clarity of the information
to be collected; and (iv) minimize the burden of the collection of
information on those who are to respond, including through the use of
appropriate automated electronic, mechanical or other technological
collection techniques or other forms of information technology. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: EPA is collecting, on a voluntary basis, data from the
states on their progress toward substantial implementation of
protection strategies for all community water systems (CWSs). The
information to be collected will help states and EPA understand the
progress toward the Agency's goal of increasing the number of CWSs (and
the populations they serve) with minimized risk to public health
through development and implementation of source water protection
strategies for source water areas. In April of 2015, the National Water
Program published guidance for meeting the water-related goals in the
FY 2014-2018 EPA Strategic Plan. In keeping with this guidance, EPA
specifically tracks the percentage of all CWSs that are implementing
source water protection and the percentage of the total population
which is served by those systems.
    Form Numbers: None.
    Respondents/affected entities: 51.
    Respondent's obligation to respond: Voluntary.
    Frequency of response: Annual.
    Total estimated burden: 342 hours. Burden is defined at 5 CFR
1320.03(b).
    Total estimated cost: $14,853 (per year).
    Changes in Estimates: There is a decrease in the total estimated
burden of 1,026 hours and a decrease in the total estimated cost of
$130,416 from the existing ICR. This decrease is because source water
protection programs are maturing. State databases are fully developed
and tracking is routine compared to the burden and costs

calculated for the existing ICR. The change in costs due to increased
hourly labor charges is also factored into this estimate.

    Dated: September 14, 2015.
Peter Grevatt,
Director, Office of Ground Water and Drinking Water.
[FR Doc. 2015-23476 Filed 9-17-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 47 (Tuesday, March 10, 2020)]
[Notices]
[Page 13890]
[FR Doc No: 2020-04871]

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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:

    Docket Numbers: RP20-643-000.
    Applicants: Transwestern Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Housekeeping Supplement to
RP20-595-000 filed on 3-3-20 to be effective 4/1/2020.
    Filed Date: 3/3/20.
    Accession Number: 20200303-5031.
    Comments Due: 5 p.m. ET 3/16/20.

    Docket Numbers: RP20-644-000.
    Applicants: KPC Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: Scheduling Priority for
Interruptible Transportation Service to be effective 4/3/2020.
    Filed Date: 3/3/20.
    Accession Number: 20200303-5093.
    Comments Due: 5 p.m. ET 3/16/20.

    Docket Numbers: RP20-645-000.
    Applicants: Enable Mississippi River Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Filing--Olin
Corporation RP18-923 & RP20-131 Settlement to be effective 1/1/2019.
    Filed Date: 3/3/20.
    Accession Number: 20200303-5210.
    Comments Due: 5 p.m. ET 3/16/20.

    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 date(s). 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 4, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-04871 Filed 3-9-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Rules and Regulations]
[Pages 28720-28724]
[FR Doc No: 2016-10993]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 258

[EPA-HQ-RCRA-2015-0126; FRL-9943-87-OLEM]
RIN 2050-AG75

Revision to the Research, Development and Demonstration Permits
Rule for Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is publishing a
final rule to revise the maximum permit term for Municipal Solid Waste
Landfill (MSWLF) units operating under Research, Development and
Demonstration (RD&D) permits. The RD&D permit program, which began in
2004, allows landfill facilities to utilize innovative methods that
vary from the run-on control systems, liquids restrictions, and final
cover criteria prescribed in 40 CFR part 258 if these systems are
determined by the Director of an approved State to be at least as
protective as those criteria. The current rule limits permits for these
units to three years, and they are renewable three times for a total
permit term of 12 years. This revision allows the Director of an
approved State to increase the

number of permit renewals to six, for a total permit term of up to 21
years.

DATES: This final rule is effective on November 10, 2016.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-RCRA-2015-0126. All documents in the docket are
listed on the http://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, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available electronically
through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Craig Dufficy, Materials Recovery and
Waste Management Division of the Office of Land and Emergency
Management (mail code 5304P), U.S. Environmental Protection Agency,
1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone: 703-308-
9037; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this rule are public or private
owners or operators of MSWLFs. These entities include:

------------------------------------------------------------------------
                Category                   Example of affected entities
------------------------------------------------------------------------
State Governments......................  Regulatory agencies and
                                          agencies operating landfills.
Industry...............................  Owners or operators of
                                          municipal solid waste
                                          landfills.
Municipalities, including Tribal         Owners or operators of
 Governments.                             municipal solid waste
                                          landfills.
------------------------------------------------------------------------

    The affected entities may also fall under the North American
Industry Classification System (NAICS) code 924110, Sanitation
engineering agencies, government; or 562212, Solid Waste Landfill. This
list of sectors is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that the EPA believes
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your entity is regulated by this action, you should carefully examine
the applicability criteria found in 40 CFR part 258 and the Research,
Development and Demonstration Permits for Municipal Solid Waste
Landfills final rule, referred to as the ``2004 RD&D rule'' (69 FR
13242, March 22, 2004). If you have questions regarding the
applicability of this action to a particular entity, consult the person
listed in the FOR FURTHER INFORMATION CONTACT section.

B. What action is the agency taking?

    The EPA is revising the maximum permit term for MSWLF units
operating under RD&D permits. The rule allows the Director of an
approved State to issue up to six, 3-year permit renewals, for a total
permit term of 21 years. The RD&D rule previously limited the total
permit term to 12 years.
    The primary basis for this extension of the permit period to up to
21 years is to provide the EPA more time to characterize the
performance of RD&D projects without making the permit period so long
as to be open-ended. The EPA believes that the period of 21 years
strikes an appropriate balance between providing more time for projects
to continue operations as research facilities, while providing enough
time for the EPA to consider making additional changes to the part 258
MSWLF regulations.

C. What is the agency's authority for taking this action?

    The authority for this rulemaking is sections 1008, 2002(a), 4004,
4005(c), 4010 and 8001(a) of the Resource Conservation and Recovery Act
of 1976 (RCRA), as amended, 42 U.S.C. 6907, 6912(a), 6944, 6945(c),
6949a, 6981(a).

D. What are the anticipated effects and benefits of this action?

    The anticipated effect of this action is to provide the Director of
an approved State the ability to issue renewals to existing RD&D
permits, as well as new RD&D permits, for up to 21 years instead of 12
years. During this time, the EPA will continue to evaluate data from
these facilities. There are approximately 30 facilities currently
operating with RD&D permits. It is also relevant to one facility
operating on tribal lands under a site-specific action. Additional
facilities may also seek an RD&D permit in the future. The EPA has no
information with which to estimate whether any new facilities will seek
RD&D permits. Owners/operators operating under existing RD&D permits
are not expected to incur any new costs as a result of this final rule.
The annual costs for ongoing recordkeeping and annual reporting
requirements are estimated at $2,410 per facility.
    It is important to note that applying for a RD&D permit remains
voluntary. This action does not impose any new regulatory burden. This
action allows the Director of an approved State to increase the number
of extensions of the permit period for existing facilities, or offer
more extensions of the permit term for new facilities, for those owners
and operators who choose to participate in this research program.
Increasing the possible number of extensions of the RD&D permit term
may benefit current owners and operators of RD&D units by providing
additional time to recover their costs, if the Director of an approved
State chooses to extend existing permits. For example, data from one
RD&D permitted facility show a projected increase of 3% in the rate of
return for 20 years compared to 12 years.\1\
---------------------------------------------------------------------------

    \1\ See docket item EPA-HQ-RCRA-2015-0126-0012, Smiths Creek
Bioreactor Report.
---------------------------------------------------------------------------

    Increasing the possible number of extensions of RD&D permit terms
is also expected to provide more time for the EPA to collect additional
data on the potential benefits of the approaches being taken under
these RD&D permits. These potential benefits include: Decreased costs
for leachate treatment due to leachate recirculation in bioreactors;
increased revenue from the sale of landfill gas for use as a renewable
source of fuel; decreased risk due to a reduction in the transportation
of leachate for treatment; accelerated production and capture of
landfill gas for use as a renewable fuel; and accelerated stabilization
and corresponding decreased post-closure care activities, for
facilities as a result of the accelerated decomposition of waste.

II. Background

    Under Subchapter IV of RCRA, 42 U.S.C. 6941-6949a, the EPA has
promulgated minimum national standards for MSWLFs at 40 CFR part 258
(56 FR 50978, October 9, 1991). As specified in 42 U.S.C. 6981(a), RCRA
also directs EPA to encourage research and development for, among other
things, the development and application of new and improved methods of
collecting and disposing of solid waste.

    The initial 1991 MSWLF regulations addressed seven basic areas:
Location restrictions; operation; design; groundwater monitoring;
corrective action; closure and post-closure care; and financial
assurance. These MSWLF landfill regulations focused on dry-tomb
landfills to minimize the possibility of groundwater contamination from
the production and subsequent leakage of leachate. After the
promulgation of those standards, the EPA became aware that landfill
technology had advanced sufficiently that some alternative designs and
operations could benefit from further study through research and
demonstration projects. For example, some of these methods,
particularly the addition of liquids and leachate recirculation, could
accelerate biodegradation and provide additional potential benefits.
These include:

--Acceleration of landfill gas generation which can be collected as a
source of renewable fuel;
--minimization of leachate treatment requirements during the
operational life of the landfill;
--more rapid reduction in concentration of leachate constituents of
concern, thereby limiting the corresponding post-closure activities for
leachate control; and
--an increase in the rate of landfill settlement resulting in the more
efficient use of permitted landfill capacity.

    As a means to advance innovation in landfill design, in 2000 the
EPA selected four landfills to participate in its Project XL
program,\2\ all of which involved some use of bioreactor technology or
leachate recirculation. The landfills are located in Buncombe County,
North Carolina; Yolo County, California; King George County, Virginia;
and the Maplewood facility in Amelia Country, Virginia.
---------------------------------------------------------------------------

    \2\ EPA began Project XL in 1995, and accepted projects until
2002, as a national pilot program to help business, state and local
governments, and federal facilities work with EPA to develop and
test innovative approaches to achieve better and more cost-effective
environmental and public health protection. The provisions for the
four Project XL landfills discussed here are codified in Sec.
258.41.
---------------------------------------------------------------------------

    In addition to Project XL, in 2001 the EPA began using Cooperative
Research and Development Agreements (CRADAs) to promote collaborative
research between federal and non-federal scientists as an additional
means to explore the addition of liquids to landfills to promote faster
biodegradation and stabilization. Bioreactor landfill sites operating
with CRADAs include the Outer Loop landfill in Louisville, Kentucky;
and the Polk County landfill in Florida.
    Subsequently, in 2004, the EPA amended the part 258 MSWLF
regulations to create a broader RD&D research program. The 2004 RD&D
action (69 FR 13242, March 22, 2004), which added Sec.  258.4, enabled
the Director of an approved State to allow RD&D projects with variances
to specific provisions of the MSWLF criteria, including variances from
operating criteria in part 258 with respect to run-on controls (Sec.
258.26(a)(1)) and the liquids restrictions in Sec.  258.28(a). In
addition, the 2004 RD&D rule allows an additional variance for the
final cover requirements set forth in the closure criteria in Sec.
258.60(a)(1), (a)(2) and (b)(1). The 2004 RD&D rule limits the duration
of the initial permit to three years, and the permit can be renewed for
up to three additional 3-year terms, for a total of 12 years.
    As of March 2014, in the most recent compilation of data available
to the EPA, there were 30 active RD&D projects in 11 approved states
and one project on tribal lands.\3\ The maximum permit period for the
first of these projects is coming to an end. This final rule allows the
Director of an approved State to continue to extend the permit period
for up to a total of 21 years to allow for continued research.
---------------------------------------------------------------------------

    \3\ Permitting of Landfill Bioreactor Operations: Ten years
After the RD&D Rule, EPA document number EPA/600/R-14/335.
---------------------------------------------------------------------------

A. What did EPA propose?

    EPA proposed this rulemaking through an action in the Federal
Register published at 80 FR 70180, November 13, 2015. EPA proposed to
allow the Director of an approved State to increase the maximum term
for RD&D permits from 12 to 21 years at Sec.  258.4(e)(1), in order to
provide the EPA more time to continue to support research into the
performance of bioreactors, alternative covers and run-on systems. In
effect, the proposal would allow the Director of an approved State to
increase the number of permit renewals from three to six. The EPA did
not propose any other changes to the RD&D permit program and made it
clear that EPA was not reopening at this time any other provision of
the existing RD&D rule or MSWLF criteria in 40 CFR part 258.
    Separately from this final rule, the EPA plans to publish an
Advanced Notice of Proposed Rulemaking (ANPRM) seeking comment on the
possibility of revising other sections of the MSWLF criteria (40 CFR
part 258) to authorize the operation of wet landfills and bioreactors
and other possible changes to the national criteria on a permanent
basis. Interested parties will have an opportunity to comment on
broader issues relating to bioreactor operation during the public
comment period on that ANPRM.
    In response to the 80 FR 70180, November 13, 2015 proposed rule,
the Agency received six sets of comments during the comment period that
closed on December 14, 2015. The six sets of comments were from: The
States of Iowa, Kansas, Michigan and Nebraska; the Southeast Michigan
Council of Governments, and the Solid Waste Disposal and Conversion
Task Force of the Association of State and Territorial Solid Waste
Management Officials. All comments can be reviewed on-line at http://www.regulations.gov/, using ``EPA-HQ-RCRA-2015-0126'' in the search
box, and then by opening the docket folder and select `view comments'
to review any or all of the comments.
    Five of the six commenters expressed support for extending maximum
permit term for RD&D permits to EPA's proposed term of 21 years.
Several commenters (including the one commenter that did not support an
extension to 21 years) indicated support for eliminating the overall
permit term entirely, arguing that any time limit may discourage
entities from making investments. Several commenters also encouraged
the EPA to establish a mechanism to convert RD&D permits into permanent
designs and operational practices subject to appropriate monitoring and
performance standards as administered by an approved state. Commenters
indicated support for making permanent changes to the regulations at 40
CFR part 258 to authorize bioreactor operations.
    After consideration of these comments, and in light of other
information in the record, the EPA has decided to issue the final rule
as proposed. The EPA disagrees with the comments that the RD&D permit
program should not be time-limited, which is consistent with the EPA
position since the original RD&D rule was promulgated in 2004. The RD&D
permits have always been intended to be used for innovation and
experimentation for a limited period of time. As such, the RD&D rule is
not intended to authorize activities on a permanent basis, as unlimited
renewals could effectively allow. In addition, EPA notes that the
commenters did not suggest an alternative, discrete, maximum time frame
other than EPA's proposal for a maximum permit term of 21 years.
    The issue of making changes to the part 258 regulations to
authorize

bioreactor operations on a permanent basis is outside the scope of this
rule, as EPA stated in the proposed rule (80 FR 70180, November 13,
2015). As discussed previously, EPA plans to publish an ANPRM
requesting data relating to wet landfills and bioreactors. EPA intends
this ANPRM to begin the process of considering additional changes to
the part 258 regulations. In that proceeding, the commenters are free
to raise concerns about how existing RD&D projects can be appropriately
addressed under any potential future amendments to the existing MSWLF
regulations. Thus, the comments did not change EPA's view that a
maximum term of 21 years is an appropriate balance between allowing
more time for continued research by EPA and allowing the facilities to
continue operating for a significant but not open-ended period of time.

B. Basis for This Final Rule

    In the 2004 RD&D final rule, the EPA made clear its intention that
MSWLF RD&D permits be of limited duration while also providing data to
support future rulemaking. This final rule is intended to further these
dual goals. Although the EPA does not expect that all RD&D permits will
necessarily extend to the full permit term, the EPA believes that the
current 12-year time limit may not be sufficient to realize potential
benefits in all cases. Thus, extending the permit period for up to 21
years will provide more time to collect data on potential benefits and
any problems without making the permit period so long as to be open-
ended.
    Extending the maximum permit term will help continuing efforts to
collect data at existing RD&D units. If the EPA did not take this
action, owners and operators using existing RD&D permits would need to
make significant modifications to their disposal units or cease
operation altogether, before reaching the end of their normal
operations or closure. Because of the potential environmental benefits
that may be derived from bioreactors, alternative cover designs, and
run-on systems, the EPA believes that it is important to extend the
maximum permit period to 21 years to provide more time to characterize
the performance of RD&D projects without making the permit period so
long as to be open-ended.
    The EPA also wishes to enhance the economic feasibility to build
and operate bioreactors or employ alternative approaches for final
covers, which would provide additional sources of data in the future.
The EPA has heard from stakeholders that limiting the permit period to
12 years has the unintended consequence of discouraging the development
of bioreactors.

C. Implementation of This Final Rule

    This rule does not require states with EPA-approved RD&D programs
to modify their solid waste permit programs. Since this change to the
2004 RD&D rule provides more flexibility than existing federal
criteria, states are not required to amend existing solid waste permit
programs that have been determined by EPA to be adequate under 40 CFR
part 239. At the same time, the RD&D rule (including the revised
maximum permit term) is not self-implementing, and states are required
to adopt the RD&D rule and obtain EPA approval for their RD&D program
in order to issue a RD&D permit. States previously approved to issue
RD&D permits that wish to increase the total length of time for which
RD&D permits can be issued will need to notify the EPA in accordance
with 40 CFR part 239. States with EPA-approved solid waste permit
programs that have not previously sought approval for an RD&D program
and now wish to do so will need to apply to EPA for approval of an RD&D
program, including approval of the longer time period allowed by this
rulemaking. Any state without an EPA-approved solid waste permit
program may submit an application to EPA for a determination of
adequacy under 40 CFR part 239 and may include a request for approval
of the RD&D permit provisions reflecting the longer time period allowed
by this rule. For MSWLF units located in Indian Country, EPA intends to
consider the longer maximum permit term when issuing or modifying any
site-specific RD&D rule. EPA has previously issued draft guidance on
the site-specific flexibility request process in Indian Country. See
``Site-Specific Flexibility Requests for Municipal Solid Waste
Landfills in Indian Country,'' EPA 530-R-97-016, August 1997.

III. Statutory and Executive Orders Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new Information Collection Request
(ICR) burden under the PRA. The purpose of this action is to extend the
maximum allowable permit period for this program, and this change to
the RD&D program itself does not impose any additional reporting
requirements. The OMB has previously approved the information
collection activities contained in the existing regulations in two
different, applicable ICRs. The ICRs affected by this proposal are for
40 CFR part 239, Requirements for State Permit Program Determination of
Adequacy and part 258, MSWLF Criteria. The OMB has reviewed the ICR for
part 239 (ICR# 1608.07, OMB# 2050-0152). The EPA will request comments
under the ICR review process from states that plan to make these
revisions so that the EPA can better understand the expected burden
that would be incurred by states who wish to make these changes. In
addition, the EPA will also be requesting information from MSWLF
owners/operators on the reporting burden that they would incur under an
extended permit term provided in accordance with this rule under the
part 258, MSWLF criteria ICR (ICR# 1381.09, OMB# 2050-0122) when that
review process begins. This process is scheduled to be completed in
June 2016.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. This rule will not create any additional
burden for small entities. Small entities are not required to take any
action as a consequence of this rule, and this action will not have a
significant impact on a substantial number of small entities. We have
therefore concluded that this action will have no net regulatory burden
for all directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small

governments. The action imposes no enforceable duty on any state, local
or tribal governments or the private sector. The costs involved in this
action are imposed only by voluntary participation in a federal
program.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects 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.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. The EPA has concluded that this action will have
no new tribal implications, nor would it present any additional burden
on the tribes. It will neither impose substantial direct compliance
costs on tribal governments, nor preempt tribal law. Thus, Executive
Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045, because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. The underlying RD&D rule requires all RD&D permits to include
terms and conditions that are at least as protective as the criteria
for municipal solid waste landfills to assure protection of human
health and the environment, and this rule does not reopen or otherwise
change that requirement.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health and environmental risk addressed
by this action will not have a new disproportionately high and adverse
human health or environmental effects on minority, low-income or
indigenous populations. The underlying RD&D regulations require all
RD&D permits to include terms and conditions that are at least as
protective as the criteria for municipal solid waste landfills to
assure protection of human health and the environment. This final rule
is an administrative action to extend the maximum permit period, and it
does not reopen or otherwise change the requirement for protectiveness.
Therefore, the EPA finds that the human health and environmental risks
addressed by this action will not have disproportionately high and
adverse human health or environmental effects on minority, low-income
or indigenous populations, because this action does not affect the
level of protection provided to human health or the environment.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 258

    Environmental protection, Municipal landfills, Reporting and
recordkeeping requirements, Waste treatment and disposal.

    Dated: April 29, 2016.
Gina McCarthy,
Administrator.

    For the reasons set forth in the preamble, EPA amends 40 CFR part
258 as follows:

PART 258--CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS

0
1. The authority citation for part 258 continues to read as follows:

    Authority:  33 U.S.C. 1345(d) and (e); 42 U.S.C. 6902(a), 6907,
6912(a), 6944, 6945(c) and 6949a(c), 6981(a).

Subpart A--General

0
2. Revise Sec.  258.4(e)(1) to read as follows:

Sec.  258.4  Research, development, and demonstration permits.

* * * * *
    (e) * * *
    (1) The total term for a permit for a project including renewals
may not exceed twenty-one (21) years; and
* * * * *
[FR Doc. 2016-10993 Filed 5-9-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Notices]
[Pages 39416-39417]
[FR Doc No: 2023-12943]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2459-279]

Lake Lynn Generation, LLC; Notice of Application Accepted for
Filing and Soliciting Motions To Intervene and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2459-279.
    c. Date filed: November 30, 2022.
    d. Applicant: Lake Lynn Generation, LLC (Lake Lynn Generation).
    e. Name of Project: Lake Lynn Hydroelectric Project.
    f. Location: On the Cheat River, near the city of Morgantown, in
Monongalia County, West Virginia, and near the borough of Point Marion,
in Fayette County, Pennsylvania.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Jody Smet, Lake Lynn Generation, LLC, 7315
Wisconsin Avenue, Suite 1100W, Bethesda, MD 20814; Phone at (240) 482-
2700; or email at [email protected].
    i. FERC Contact: Allan Creamer at<PHONE_NUMBER>, or email at
[email protected].
    j. Deadline for filing motions to intervene and protests: 60 days
from the issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file
using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. For assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852. All filings must clearly identify the project name and
docket number on the first page: Lake Lynn Hydroelectric Project (P-
2459-279).
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application has been accepted, but is not ready for
environmental analysis at this time.
    l. The Lake Lynn Project consists of: (1) a 13 mile-long, 1,729-
acre impoundment (Cheat Lake; originally named Lake Lynn) with a
maximum storage capacity of 72,300 acre-feet at a normal water surface
elevation of 870 feet National Geodetic Vertical Datum of 1929 (NGVD
29) and a normal minimum storage capacity of 51,100 acre-feet at 857
feet NGVD 29; (2) a 1,000-foot-long, 125-foot-high, concrete gravity
dam with a 624-foot-long spillway section controlled by 26, 21-foot-
wide by 17-foot-high, Tainter gates; (3) a concrete intake structure
equipped with a log boom and eight trash racks with 4-inch clear bar
spacing; (4) eight 12-foot-wide by 18-foot-deep gated reinforced
concrete penstocks; (5) a 160-foot-long by 94.5-foot-wide powerhouse
containing four Francis generating units with a combined capacity of
51.2 megawatts; and (6) two 800-foot-long transmission lines that run
from the powerhouse to a substation within the project boundary.
    The Lake Lynn Project is currently operated as a peaking facility
with storage. Peaking hours and operations are dictated by market
value. Seasonal peaking during winter typically occurs in the morning
for 5 hours and in the afternoon for 5 hours to meet demand. During the
summer, peaking occurs between 6:00 p.m.-11:00 p.m. in the evening. The
maximum drawdown rate to meet peak demand is one-half a foot/hour.
Typical drawdown is 0.2-0.4 feet/day, which can vary depending on
environmental and economic considerations. The current license requires
Lake Lynn Generation to maintain Cheat Lake between 868 feet and 870
feet NGVD 29 from May 1 through October 31, 857 feet and 870 feet NGVD
29 from November 1 through March 31, and 863 feet and 870 feet NGVD 29
from April 1 through April 30 each year. The current license also
requires Lake Lynn Generation to release a downstream minimum flow of
212 cubic-feet-per-second (cfs), or inflow, from the dam when not
generating, with an absolute minimum flow of 100 cfs regardless of
inflow, when not generating. The project generates about 144,741
megawatt-hours annually.
    Lake Lynn Generation proposes to continue operating the project as
a peaking facility with storage, and does not propose any new
development at the project.
    m. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number, excluding the last
three digits in the docket number field to access the document. At this
time, the Commission has suspended access to the Commission's Public
Reference Room. For assistance, contact FERC at
[email protected], or call<PHONE_NUMBER> (toll free) or (202)
502-8659 (TTY).
    You may also register online at http://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.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members, and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER>, or [email protected].
    n. Anyone may submit a protest or a motion to intervene in
accordance with the requirements of Rules of Practice and Procedure, 18
CFR 385.210, 385.211, and 385.214. In determining the appropriate
action to take, the Commission will consider all protests filed, but
only those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any protests
or motions to intervene must be received on or before the specified
deadline date for the particular application.
    All filings must (1) bear in all capital letters the title
``PROTEST'' or ``MOTION TO INTERVENE;'' (2) set forth in the heading
the name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005.

Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application.
    o. Procedural schedule: The application will be processed according
to the following schedule. Revisions to the schedule will be made as
appropriate.
Issue Scoping Document 1 for comments--August 2023
Request Additional Information (if necessary)--October 2023
Issue Scoping Document 2--November 2023
Issue Notice of Ready for Environmental Analysis--November 2023

    Dated: June 12, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-12943 Filed 6-15-23; 8:45 am]
BILLING CODE 6717-01-P