[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Notices]
[Pages 71479-71482]
[FR Doc No: 2021-27253]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9228-01-OMS]

Privacy Act of 1974; System of Records

AGENCY: Office of Mission Support, Environmental Protection Agency
(EPA).

ACTION: Notice of a modified system of records.

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SUMMARY: The U.S. Environmental Protection Agency's (EPA) Office of
Mission Support, Office of Enterprise Information Programs is giving
notice that it proposes to modify a system of records pursuant to the
provisions of the Privacy Act of 1974. eDiscovery Enterprise Tool
Suite, EPA-63 is being modified to update the system manager, add
locations where the data may be stored, modify Routine Use L, and add
Routine Use M. The purpose of the system is to assist with the
preservation, search, processing, review, and production of
electronically stored information (ESI) in support of legal discovery
or to respond to other formal information requests, such as FOIA
requests and congressional inquiries. Unless noted in this
modification, all exemptions and provisions included in the previously
published system of record notice for eDiscovery Enterprise Tool Suite,
EPA-63 will transfer to the modified system of record notice for
eDiscovery Enterprise Tool Suite, EPA-63.

DATES: Persons wishing to comment on this system of records notice must
do so by January 18, 2022. New or Modified routine uses if adding or
changing routine uses for this modified system of records will be
effective January 18, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2012-0882, by one of the following methods:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the
online instructions for submitting comments.
    Email: [email protected]. Include the Docket ID number in the
subject line of the message.
    Fax:<PHONE_NUMBER>.
    Mail: OMS Docket, Environmental Protection Agency, Mail Code:
2822T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
    Hand Delivery: OMS Docket, EPA/DC, WJC West Building, Room 3334,
1301 Constitution Ave. NW, Washington, DC 20460. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special

arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OEI-
2012-0882. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Controlled Unclassified Information (CUI) or other information
for which disclosure is restricted by statute. Do not submit
information that you consider to be CUI or otherwise protected through
https://www.regulations.gov. The https://www.regulations.gov website is
an ``anonymous access'' system for the EPA, which means the EPA will
not know your identity or contact information. If you submit an
electronic comment, the EPA recommends that you include your name and
other contact information in the body of your comment. If the EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, the EPA may not be able to consider your
comment. If you send an email comment directly to the EPA without going
through https://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the internet.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses. For additional
information about the EPA public docket, visit the EPA Docket Center
homepage at https://www.epa.gov/dockets.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CUI or other information
for which 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 https://www.regulations.gov or in hard copy at the
OMS Docket, EPA/DC, WJC West Building, Room 3334, 1301 Constitution
Ave. NW, Washington, DC 20460. The Public Reading Room is normally open
from 8:30 a.m. to 4:30 p.m., Monday through Friday excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OMS Docket is (202) 566-
1752.

Temporary Hours During COVID-19

    Out of an abundance of caution for members of the public and our
staff, the EPA Docket Center and Reading Room are closed to the public,
with limited exceptions, to reduce the risk of transmitting COVID-19.
Our Docket Center staff will continue to provide remote customer
service via email, phone, and webform. We encourage the public to
submit comments via https://www.regulations.gov/ or email, as there may
be a delay in processing mail and faxes. Hand deliveries and couriers
may be received by scheduled appointment only. For further information
about EPA Docket Center services and the current status, please visit
us online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Division Director, eDiscovery
Division, Office of Mission Support, Office of Enterprise Information
Programs, 1301 Constitution Ave. NW, Washington, DC 20001.

SUPPLEMENTARY INFORMATION: eDiscovery Enterprise Tool Suite, EPA-63 is
being modified to update the System Manager to the Director of the
eDiscovery Division, to add government-certified cloud locations where
data may be stored to the System Location section, to modify Routine
Use L, and to add Routine Use M.

SYSTEM NAME AND NUMBER:
    eDiscovery Enterprise Tool Suite, EPA-63.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    eDiscovery Enterprise Tool Suite, U.S. Environmental Protection
Agency, eDiscovery Division, Office of Mission Support, Office of
Enterprise Information Programs, 1200 Pennsylvania Avenue NW,
Washington, DC 20460. Records are also maintained in Research Triangle
Park, 109 T.W. Alexander Drive, Durham, NC 27709, and other Agency
offices, or mission locations. Information may also be stored within a
government-certified cloud, implemented and overseen by the Agency's
Chief Information Officer (CIO).

SYSTEM MANAGER(S):
    The system manager is the eDiscovery Division Director, Office of
Mission Support, Office of Enterprise Information Programs, 1301
Constitution Ave. NW, Washington, DC 20001; [email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    40 U.S.C. 11315 and 44 U.S.C. 3506.

PURPOSE(S) OF THE SYSTEM:
    To support the document identification and collection processes for
eDiscovery, Freedom of Information Act requests and other formal
information requests.

CATEGORIES OF INDIVIDUALS COVERED BY SYSTEM:
    Categories of individuals covered by this system include: (1) All
persons subject to a litigation hold due to a ``reasonable anticipation
of litigation'' as determined by EPA; (2) all persons deemed a
participant of past or present litigation, investigation or arbitration
where EPA is involved, including civil and criminal enforcement cases
and defensive litigation; and (3) individuals impacted by Freedom of
Information Act (FOIA) requests, litigation or other cases in EPA.
    A wide variety of individuals are covered by the system, including
individuals who correspond with EPA; provide information to EPA that is
subject to discovery, a FOIA request or other formal information
request; or are the subject of litigation with EPA; individuals who
file complaints or petitions with EPA; and individuals involved in
matters with EPA as either plaintiffs or defendants in both civil and
criminal matters.

CATEGORIES OF RECORDS IN THE SYSTEM:
    eDiscovery Litigation Hold Files. The litigation hold files contain
the names and email addresses of EPA employees and EPA contractors,
interns, or grantees who have been provided EPA email addresses and who
have been identified as custodians of information that needs to be
preserved in the anticipation of litigation. The records in the system
will include these individuals' names and EPA email addresses which are
entered into the system by designated EPA employees responsible for the
administration of litigation holds. Information in the system includes
litigation hold notices and answers to certification questions. Reports
may be generated from the system that identify whether an individual is
designated as a custodian of hold-responsive information, as well as
reports containing the information received from individuals in
response to questions asked through the litigation hold system.
    eDiscovery Case Tracking Files. The case tracking files contain
information about the cases created in response to a litigation,
investigation, FOIA matter or other formal information request. Case
tracking files may contain the names, phone numbers, organizations, and
email addresses of EPA employees and

EPA contractors, interns, or grantees who have been identified as
custodians in a case or as points of contact for managing the case.
Information in the case tracking files may include the location of the
information to be searched, search terms and case notes entered into
the system by designated EPA employees or contractors responsible for
operating EPA's eDiscovery Enterprise Tool Suite.
    eDiscovery Collection Files. The collection files contain
information potentially responsive to a litigation, investigation, FOIA
matter or other formal information request. The Tool Suite may capture
many types of personally identifiable information depending on where
that information is stored, including an individual's name; work
address and telephone number; home address and telephone number; email
addresses; vehicle information; names of individuals associated with a
FOIA request or litigation hold; or other related information. The
collection files contain all data collected by the tools using the
search criteria and may contain, but not be limited to, correspondence
(e.g., case coordination reports; memoranda and other records of
communication, including electronic communication over email systems or
instant messaging among other EPA employees and/or personnel of other
federal agencies and outside parties and attachments to those messages
or communications); local/shared drive data; information collected or
compiled from EPA database systems; spreadsheets of data collections
often including personally identifiable information or law enforcement
data used to track the process of investigations or focus investigative
priorities; records relating to litigation by or against the United
States government; records relating to requests for EPA records other
than requests under the FOIA and the Privacy Act of 1974; legal
documents including complaints, summaries, affidavits, litigation
reports, motions, subpoenas and any other court filing or
administrative filing, or other related litigation documents;
documentary evidence; supporting documents related to the legal and
programmatic issues of a case; transcripts of interviews; regulatory
history (i.e., permits and reports generated as a result of normal
program activity); administrative record material and comments on
administrative records; technical support (reports generated to test
search criteria); investigative notes; reports requesting permission
and use; transcripts of tapes; records checks (personal history, police
information, fingerprint cards, photographs); property reports;
property obtained and retained by an examiner including documents,
personal property and documentary or other evidence; employment records
and information related to employment matters; claims and records
regarding discrimination, including employment and sex discrimination;
personnel matters; contracts and information relating to contracts;
manifests and other related investigative information.

RECORD SOURCE CATEGORIES:
    EPA employees; employees of federal contractors; employees of other
federal agencies and of state, local, tribal and foreign agencies;
witnesses; informants; public source materials; and other persons who
may have information relevant to the search criteria.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
    The routine uses below are both related to and compatible with the
original purpose for which the information was collected. The following
general routine uses apply to this system:
    A. Disclosure for Law Enforcement Purposes: Information may be
disclosed to the appropriate Federal, State, local, tribal, or foreign
agency responsible for investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation, or order, if the information
is relevant to a violation or potential violation of civil or criminal
law or regulation within the jurisdiction of the receiving entity.
    C. Disclosure to Requesting Agency: Disclosure may be made to a
Federal, State, local, foreign, or tribal or other public authority of
the fact that this system of records contains information relevant to
the retention of an employee, the retention of a security clearance,
the letting of a contract, or the issuance or retention of a license,
grant, or other benefit. The other agency or licensing organization may
then make a request supported by the written consent of the individual
for the entire record if it so chooses. No disclosure will be made
unless the information has been determined to be sufficiently reliable
to support a referral to another office within the agency or to another
Federal agency for criminal, civil, administrative, personnel, or
regulatory action.
    D. Disclosure to Office of Management and Budget: Information may
be disclosed to the Office of Management and Budget at any stage in the
legislative coordination and clearance process in connection with
private relief legislation as set forth in OMB Circular No. A-19.
    E. Disclosure to Congressional Offices: Information may be
disclosed to a congressional office from the record of an individual in
response to an inquiry from the congressional office made at the
request of the individual.
    F. Disclosure to Department of Justice: Information may be
disclosed to the Department of Justice, or in a proceeding before a
court, adjudicative body, or other administrative body before which the
Agency is authorized to appear, when:
    1. The Agency, or any component thereof;
    2. Any employee of the Agency in his or her official capacity;
    3. Any employee of the Agency in his or her individual capacity
where the Department of Justice or the Agency have agreed to represent
the employee; or
    4. The United States, if the Agency determines that litigation is
likely to affect the Agency or any of its components,
    Is a party to litigation or has an interest in such litigation, and
the use of such records by the Department of Justice or the Agency is
deemed by the Agency to be relevant and necessary to the litigation
provided, however, that in each case it has been determined that the
disclosure is compatible with the purpose for which the records were
collected.
    G. Disclosure to the National Archives: Information may be
disclosed to the National Archives and Records Administration in
records management inspections.
    H. Disclosure to Contractors, Grantees, and Others: Information may
be disclosed to contractors, grantees, consultants, or volunteers
performing or working on a contract, service, grant, cooperative
agreement, job, or other activity for the Agency and who have a need to
have access to the information in the performance of their duties or
activities for the Agency. When appropriate, recipients will be
required to comply with the requirements of the Privacy Act of 1974 as
provided in 5 U.S.C. 552a(m).
    I. Disclosures for Administrative Claims, Complaints and Appeals:
Information from this system of records may be disclosed to an
authorized appeal grievance examiner, formal complaints examiner, equal
employment opportunity investigator, arbitrator or other person
properly engaged in investigation or settlement of an administrative
grievance, complaint,

claim, or appeal filed by an employee, but only to the extent that the
information is relevant and necessary to the proceeding. Agencies that
may obtain information under this routine use include, but are not
limited to, the Office of Personnel Management, Office of Special
Counsel, Merit Systems Protection Board, Federal Labor Relations
Authority, Equal Employment Opportunity Commission, and Office of
Government Ethics.
    K. Disclosure in Connection With Litigation: Information from this
system of records may be disclosed in connection with litigation or
settlement discussions regarding claims by or against the Agency,
including public filing with a court, to the extent that disclosure of
the information is relevant and necessary to the litigation or
discussions and except where court orders are otherwise required under
section (b)(11) of the Privacy Act of 1974, 5 U.S.C. 552a(b)(11).
    The two routine uses below (L and M) are required by OMB Memorandum
M-17-12.
    L. Disclosure to Persons or Entities in Response to an Actual or
Suspected Breach of Personally Identifiable Information: To appropriate
agencies, entities, and persons when (1) EPA suspects or has confirmed
that there has been a breach of the system of records; (2) EPA has
determined that as a result of the suspected or confirmed breach there
is a risk of harm to individuals, EPA (including its information
systems, programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with EPA's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
    M. Disclosure to Assist Another Agency in Its Efforts to Respond to
a Breach of Personally Identifiable Information: To another Federal
agency or Federal entity, when EPA determines that information from
this system of records is reasonably necessary to assist the recipient
agency or entity in (1) responding to a suspected or confirmed breach
or (2) preventing, minimizing, or remedying the risk of harm to
individuals, the recipient agency or entity (including its information
systems, programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in the system are stored in database applications running
on computer servers.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Litigation hold and case tracking files are assigned a case file
control number or case name. Information collected from individuals
pertaining to particular cases may be retrieved by name of individuals,
email addresses, and other unique identifiers.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records stored in the system are subject to records schedules 1012
and 0089.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Computer records are maintained in a secure, password protected
computer system. Role-based access controls limit a user's access to
the information in the system. Users are provided access to information
in the system based on their need to know. Individuals working on a
particular matter will be given access to the information related to
that matter. The eDiscovery Enterprise Tool Suite is a password
protected system requiring all users log in to access the information
in the system. The system times out after a period of latency ensuring
a user re-authenticates their session with a username and password. The
system also maintains a user log that identifies and records persons
who access and use the system. Users of EPA systems are required to
complete security and privacy training on an annual basis to ensure
continued access to the system. All records are maintained in secure
areas and buildings with physical access controls.

RECORD ACCESS PROCEDURES:
    Request for access must be made in accordance with the procedures
described in EPA's Privacy Act regulations at 40 CFR part 16.
Requesters will be required to provide adequate identification, such as
a driver's license, employee identification card or other identifying
document. Additional identification procedures may be required in some
instances.

CONTESTING RECORDS PROCEDURES:
    Requests for correction or amendment must identify the record to be
changed and the corrective action sought. Complete EPA Privacy Act
procedures are described in EPA's Privacy Act regulations at 40 CFR
part 16.

NOTIFICATION PROCEDURES:
    Individuals who wish to be informed whether a Privacy Act system of
records maintained by EPA contains any record pertaining to them,
should make a written request to the EPA, Attn: Agency Privacy Officer,
MC 2831T, 1200 Pennsylvania Ave. NW, Washington, DC 20460, or by email
at: [email protected].

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    For those records within the system collected and maintained
pursuant to the Federal Rules of Civil Procedure (FRCP) and/or for the
purpose of civil discovery, action or proceeding, 5 U.S.C. 552a(d)(5)
will apply, stating that ``nothing in this [Act] shall allow an
individual access to any information compiled in reasonable
anticipation of a civil action or proceeding.'' In addition, pursuant
to 5 U.S.C. 552a(k)(2), this system is exempt from the following
provisions of the Privacy Act, subject to the limitations set forth in
that subsection: 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H)
and (f)(2) through (5). Finally, pursuant to 5 U.S.C. 552a(j)(2), when
records are contained in this system related to a criminal enforcement
proceeding, this system is exempt from the following provisions of the
Privacy Act, subject to the limitations set forth in that subsection: 5
U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G),
(e)(4)(H), (e)(5), (e)(8), (f)(2) through (f)(5) and (g).

HISTORY:
    83 FR 35637 (July 27, 2018).

Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2021-27253 Filed 12-15-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 53 (Friday, March 18, 2011)]
[Rules and Regulations]
[Pages 14803-14804]
[FR Doc No: 2011-6338]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-0079]

Drawbridge Operation Regulation; Townsend Inlet, Avalon, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Fifth Coast Guard District, has issued a
temporary deviation from the regulations governing the operation of the
Townsends Inlet Bridge across, mile 0.3, at Avalon, NJ. The deviation
is necessary to facilitate the cleaning and painting of the structure.
This deviation allows the bridge to remain in the closed position for
the deviation period.

DATES: This deviation is effective from 5 a.m. on March 1, 2011 to 5
p.m. on April 30, 2011.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2011-0079 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0079 in the
``Keyword'' box and then clicking ``Search''. They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Mr. Terrance A. Knowles, Environmental Protection
Specialist, Fifth District; Coast Guard; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Cape May County Bridge Commission
(CMCBC), who owns and operates this bascule drawbridge, has requested a
temporary deviation from the current operating schedule to facilitate
the cleaning and painting of the bridge structure. Under the regular
operating schedule required by 33 CFR 117.757, the bridge opens on
signal, except from 9:15 a.m. to 2:30 p.m. on the fourth Sunday in
March of every year, the draw need not open for vessels. If the fourth
Sunday falls on a religious holiday, the draw need not open from 9:15
a.m. to 2:30 p.m. on the third Sunday of March of every year. From 11
p.m. on December 24 until 11 p.m. on December 25, the draw need open
only if at least two hours notice is given.
    The Townsend Inlet Bridge, mile 0.3, in Avalon, NJ, has a vertical
clearance in the closed position of 23 feet above mean high water.
Vessels that can transit under the bridge without an opening may do so
at any time. Under this temporary deviation, CMCBC will maintain the
bridge in the closed position to vessels beginning at 5 a.m. on March
1, 2011 until and including 5 p.m. on April 30, 2011.
    In 2010, during the months of March and April, the bridge has
opened for vessels 62 and 45 times, respectively. The majority of the
vessels for which the bridge opened were tugs and barges being used for
beach replenishment.
    The Coast Guard will inform users of the waterway through our Local
and Broadcast Notices to Mariners of the closure periods for the bridge
so that vessels can arrange their transits to minimize any impact
caused by the temporary deviation.
    Vessels have two alternate routes by transiting either eight miles
to the south through Hereford Inlet or eight miles to the north through
Corson Inlet. The drawbridge will be able to open in the event of an
emergency.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: March 7, 2011.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch, Fifth Coast Guard District.
[FR Doc. 2011-6338 Filed 3-17-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 236 (Monday, December 13, 2021)]
[Notices]
[Pages 70834-70835]
[FR Doc No: 2021-26897]

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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: EG22-27-000.
    Applicants: El Sauz Ranch Wind, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of El Sauz Ranch Wind, LLC.
    Filed Date: 12/6/21.
    Accession Number: 20211206-5246.
    Comment Date: 5 p.m. ET 12/27/21.

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

    Docket Numbers: ER10-1521-006; ER10-1520-006; ER10-1522-005; ER20-
2493-001.
    Applicants: OTCF, LLC, Occidental Chemical Corporation, Occidental
Power Services, Inc., Occidental Power Marketing, L.P.
    Description: Occidental Power Marketing, L.P., et al. submits
Supplement to June 29, 2021 Updated Market Power Analysis for the
Central Regional.
    Filed Date: 12/3/21.
    Accession Number: 20211203-5127.
    Comment Date: 5 p.m. ET 2/1/22.

    Docket Numbers: ER19-13-000; ER19-1816-000; ER20-2265-000.
    Applicants: Pacific Gas and Electric Company, Pacific Gas and
Electric Company, Pacific Gas and Electric Company.
    Description: Annual Formula Transmission Rate Update Filing for
Rate Year 2022 of Pacific Gas and Electric Company.
    Filed Date: 12/1/21.
    Accession Number: 20211201-5328.
    Comment Date: 5 p.m. ET 12/22/21.

    Docket Numbers: ER20-2878-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Wholesale Distribution Tariff for Rate Year 2022 of
Pacific Gas and Electric Company.
    Filed Date: 12/1/21.
    Accession Number: 20211201-5330.
    Comment Date: 5 p.m. ET 12/22/21.

    Docket Numbers: ER21-1118-004.
    Applicants: Louisville Gas and Electric Company.
    Description: Compliance filing: SEEM Attachment S Compliance Filing
to be effective 12/31/9998.
    Filed Date: 12/7/21.
    Accession Number: 20211207-5047.
    Comment Date: 5 p.m. ET 12/28/21.

    Docket Numbers: ER21-1154-001.

    Applicants: ISO New England Inc., Fitchburg Gas and Electric Light
Company.
    Description: Compliance filing: ISO New England Inc. submits tariff
filing per 35: FG&E, Docket No. ER21-1154; Amended Supplemental Order
No. 864 Compliance Filing to be effective 1/1/2020.
    Filed Date: 12/7/21.
    Accession Number: 20211207-5114.
    Comment Date: 5 p.m. ET 12/17/21.

    Docket Numbers: ER21-1241-001.
    Applicants: ISO New England Inc., New England Power Company.
    Description: Compliance filing: ISO New England Inc. submits tariff
filing per 35: New England Power; ER21-1241 Amended Order 864
Compliance Filing to be effective 1/1/2020.
    Filed Date: 12/7/21.
    Accession Number: 20211207-5094.
    Comment Date: 5 p.m. ET 12/17/21.

    Docket Numbers: ER21-2926-000.
    Applicants: Caddo Wind, LLC.
    Description: Filing Withdrawal: Withdraw of Supplement to
Application for Market-Based Rate Authorization to be effective N/A.
    Filed Date: 12/7/21.
    Accession Number: 20211207-5142.
    Comment Date: 5 p.m. ET 12/28/21.

    Docket Numbers: ER22-306-001.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Tariff Amendment: Errata Filing--DEF Revised
Depreciation Rates to be effective 1/1/2022.
    Filed Date: 12/7/21.
    Accession Number: 20211207-5096.
    Comment Date: 5 p.m. ET 12/28/21.

    Docket Numbers: ER22-414-001.
    Applicants: AES Marketing and Trading, LLC.
    Description: Tariff Amendment: AES Marketing and Trading, LLC MBR
Supplement to be effective 11/17/2021.
    Filed Date: 12/7/21.
    Accession Number: 20211207-5053.
    Comment Date: 5 p.m. ET 12/28/21.

    Docket Numbers: ER22-46-002.
    Applicants: Parkway Generation Essex, LLC.
    Description: Tariff Amendment: Response to Deficiency Letter to be
effective 12/1/2021.
    Filed Date: 12/6/21.
    Accession Number: 20211206-5176.
    Comment Date: 5 p.m. ET 12/27/21.

    Docket Numbers: ER22-564-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original NSA, Service
Agreement No. 6262; Queue No. K11 to be effective 11/4/2021.
    Filed Date: 12/6/21.
    Accession Number: 20211206-5206.
    Comment Date: 5 p.m. ET 12/27/21.

    Docket Numbers: ER22-566-000.
    Applicants: Southern California Edison Company.
    Description: Compliance filing: WDAT Storage Settlement Compliance
Filing to be effective 6/15/2021.
    Filed Date: 12/7/21.
    Accession Number: 20211207-5066.
    Comment Date: 5 p.m. ET 12/28/21.

    Docket Numbers: ER22-567-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Seminole Solar (Seminole I
Solar) LGIA Filing to be effective 11/22/2021.
    Filed Date: 12/7/21.
    Accession Number: 20211207-5081.
    Comment Date: 5 p.m. ET 12/28/21.

    Docket Numbers: ER22-568-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Seminole Solar (Seminole II
Solar) LGIA Filing to be effective 11/22/2021.
    Filed Date: 12/7/21.
    Accession Number: 20211207-5082.
    Comment Date: 5 p.m. ET 12/28/21.

    Docket Numbers: ER22-569-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Seminole Solar (Seminole III
Solar) LGIA Filing to be effective 11/22/2021.
    Filed Date: 12/7/21.
    Accession Number: 20211207-5086.
    Comment Date: 5 p.m. ET 12/28/21.

    Docket Numbers: ER22-570-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Seminole Solar (Seminole IV
Solar) LGIA Filing to be effective 11/22/2021.
    Filed Date: 12/7/21.
    Accession Number: 20211207-5087.
    Comment Date: 5 p.m. ET 12/28/21.

    Docket Numbers: ER22-571-000.
    Applicants: Assembly Solar I, LLC.
    Description: Sec.  205(d) Rate Filing: COC update 2021 to be
effective 12/8/2021.
    Filed Date: 12/7/21.
    Accession Number: 20211207-5117.
    Comment Date: 5 p.m. ET 12/28/21.

    Docket Numbers: ER22-572-000.
    Applicants: Assembly Solar II, LLC.
    Description: Sec.  205(d) Rate Filing: COC update 2021 to be
effective 12/8/2021.
    Filed Date: 12/7/21.
    Accession Number: 20211207-5121.
    Comment Date: 5 p.m. ET 12/28/21.

    Docket Numbers: ER22-573-000.
    Applicants: Assembly Solar III, LLC.
    Description: Sec.  205(d) Rate Filing: COC update 2021 to be
effective 12/8/2021.
    Filed Date: 12/7/21.
    Accession Number: 20211207-5127.
    Comment Date: 5 p.m. ET 12/28/21.

    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: December 7, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-26897 Filed 12-10-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 177 (Thursday, September 14, 2017)]
[Notices]
[Pages 43283-43285]
[FR Doc No: 2017-19512]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0243]

Hours of Service of Drivers: Application for Exemption; Power and
Communication Contractors Association (PCCA)

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: FMCSA announces that the Power and Communication Contractors
Association (PCCA) has requested an exemption from the requirement that
a motor carrier install and require each of its drivers to use an
electronic logging device (ELD) to record the driver's hours-of-service
(HOS) no later than December 18, 2017. PCCA requests the exemption for
all operators of a commercial motor vehicle (CMV) in the power and
communications construction industry. Construction contractors spend
considerable time working off-road on varying jobsites, and a single
CMV may have several different drivers over the course of a day, moving
the vehicle short distances around the jobsite. Because of the limited
time within a workday that their drivers spend driving on public roads,
PCCA states that ELD and record of duty status (RODS) requirements for
drivers in their industries do not result in a significant safety
benefit. PCCA's drivers would remain subject to the standard HOS limits
and maintain a paper RODS for HOS compliance. PCCA believes that the
exemption, if granted, will achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
the exemption. FMCSA requests public comment on PCCA's application for
exemption.

DATES: Comments must be received on or before October 16, 2017.

ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2017-0243 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
     Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at

any time or visit Room W12-140 on the ground level of the West
Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m.
and 5 p.m., ET, Monday through Friday, except Federal holidays. The on-
line FDMS is available 24 hours each day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2017-0243), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
    To submit your comments online, go to www.regulations.gov and put
the docket number, ``FMCSA-2017-0243'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party, and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. FMCSA will consider all comments and material received
during the comment period and may grant or not grant this application
based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations (FMCSRs). FMCSA must publish a notice of each exemption
request in the Federal Register (49 CFR 381.315(a)). The Agency must
provide the public an opportunity to inspect the information relevant
to the application, including any safety analyses that have been
conducted. The Agency must also provide an opportunity for public
comment on the request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).

III. Request for Exemption

    The PCCA represents contractors, manufacturers, and distributors
who build and repair America's power and communications infrastructure,
including electric transmission, distribution, and substation
facilities and broadband, telephone, and cable television systems. PCCA
members also engage in directional drilling, local area and premises
wiring, and improvements to water and sewer infrastructure, as well as
gas and oil pipelines. While PCCA is not aware of a confirmed, finite
number of drivers in the power and communication construction industry,
they believe there are tens of thousands of them across the U.S. These
are construction workers--driving is incidental to their core job
function.
    PCCA contractors maintain a wide range of different vehicles,
including dump trucks, water-related vehicles, skid trucks, and
flatbeds used to carry heavy excavation equipment. Buses are also used
to transport workers to and from a construction jobsite.
    The exemption would apply to drivers in the power and
communications construction industry, who operate under significantly
different circumstances than interstate truck drivers. CMV operators
working on broadband and/or electric infrastructure projects commonly
drive multiple vehicles for short distances within a single day, and a
single vehicle is often driven by multiple drivers.
    Numerous exemptions to the ELD and RODS requirements are available
depending on varying job functions, including for those operating 8
days in 30-day period, short haul 100 air-mile rule, 150 air-mile rule,
utility service vehicle (USV) exemption, ready mix trucks, pipeline
welders, etc. The complexity of navigating the ELD and RODS
requirements and exemptions make compliance difficult, exposing their
drivers to unknowing violations. According to PCCA, application of
these requirements to their drivers is confusing even for law
enforcement officials. When contrasted against the requirements'
minimal benefit to the safety of their drivers, application of the ELD
and RODS requirements to their construction personnel proves to be
quite unnecessary.
    Drivers in the power and communication construction industry
commonly operate under the USV exemption as defined under Sec.  395.2
of FMCSRs, which exempts drivers of a USV ``used in the furtherance of
repairing, maintaining, or operating any structures or any other
physical facilities necessary for the delivery of public utility
services, including the furnishing of electric, gas, water, sanitary
sewer, telephone, and television cable or community antenna service.''
Requiring installation of ELD technology in USVs operated in an
industry that is normally exempt from HOS requirements because of the
critical nature of its work presents an unnecessary burden.
    PCCA's application requests an exemption from requirements to use
ELDs in lieu of written logs to document their RODS under 49 CFR
395.8(a). The exemption they are requesting would be limited to their
drivers: (1) Who are on duty no more than 14 hours per day; (2) Who
drive less than 200 miles per day, regardless of start and stop
location; and (3) For whom the driving of CMVs is incidental to their
core employment.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    According to PCCA, exempting power and communication contractors
from ELD requirements would not compromise the safety of drivers in the
industry in any way. All rules related to the short-haul exemption
would still apply, and drivers would continue to comply with written
RODS requirements when short-haul limitations are exceeded. Unlike
long-haul interstate truckers, drivers in the construction industry
meet a variety of job functions and spend the vast majority of their
time on a jobsite within a short distance of their daily assembly
point, not on public roads and highways. Power and communication
contractors would continue to meet all other HOS requirements overseen
by FMCSA.
    PCCA believes an equivalent level of safety will be achieved if
drivers in the power and communication construction industry are exempt
from ELD requirements as described above.
    A copy of PCCA's application for exemption is available for review
in the docket for this notice.

    Issued on: September 8, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-19512 Filed 9-13-17; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)]
[Proposed Rules]
[Pages 34101-34103]
[FR Doc No: 2015-14228]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-1429; Directorate Identifier 2014-NM-246-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Airbus Model A319-113, A319-114, A320-211, and A320-212
airplanes. This proposed AD was prompted by a report that the aft mount
pylon bolts of the CFM56-5 engines may have been installed using the
wrong torque values. This proposed AD would require identification of
engines that were installed using the wrong torque values and re-torque
of the four aft mount pylon bolts of those engines. We are proposing
this AD to detect and correct improper torque of the aft mount pylon
bolts, which, if combined with any maintenance damage, could lead to
aft engine mount failure, possibly resulting in engine detachment and
consequent reduced control of the airplane.

DATES: We must receive comments on this proposed AD by July 30, 2015.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5
61 93 44 51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
1429; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-1429;
Directorate Identifier 2014-NM-246-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness

Directive 2014-0258, dated November 28, 2014 (referred to after this as
the Mandatory Continuing Airworthiness Information, or ``the MCAI''),
to correct an unsafe condition for certain Airbus Model A319-113, A319-
114, A320-211, and A320-212 airplanes. The MCAI states:

    In the Aircraft Maintenance Manual (AMM) revision dated May
2013, a wrong torque value was added in AMM task 71-00-00-400-040-
A01 ``Installation of the power plant with Engine Positioner
TWW75E''. Temporary Revisions (TR) dated March 2014 were published
by Airbus to correct the information and with AMM revision dated May
2014, Task 71-00-00-400-040-A01 was corrected to include the correct
values. Notwithstanding those actions, static and fatigue analyses
have concluded that this under-torque scenario negatively impacts
the assembly performance, reducing the aft mount capability.
    This condition, if not corrected and if combined with any
maintenance damage, could lead to aft engine mount failure, possibly
resulting in engine detachment and consequent reduced control of the
aeroplane.
    For the reasons described above, this [EASA] AD requires
identification of CFM56-5 engines (those listed in TCDS EASA.E.067
[http://easa.europa.eu/document-library/type-certificates/easae067])
that were installed by using the wrong torque data of AMM
instructions mentioned above and re-torque of the four aft mount
pylon bolts of those engines.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
1429.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A320-71-1063, including Appendix
01, dated August 13, 2014. The service information describes procedures
to detect and correct improper torque of the aft mount pylon bolts. The
actions described in this service information are intended to correct
the unsafe condition identified in the MCAI. 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 of this NPRM.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Costs of Compliance

    We estimate that this proposed AD affects 126 airplanes of U.S.
registry.
    We also estimate that it would take about 2 work-hours per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of this proposed AD on U.S. operators to be $21,420, or $170
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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus: Docket No. FAA-2015-1429; Directorate Identifier 2014-NM-
246-AD.

(a) Comments Due Date

    We must receive comments by July 30, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes, certificated in any category,
identified in paragraphs (c)(1) and (c)(2) of this AD, all
manufacturer serial numbers.
    (1) Airbus Model A319-113 and -114 airplanes.
    (2) Airbus Model A320-211 and -212 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 71, Powerplant.

(e) Reason

    This AD was prompted by a report that the aft mount pylon bolts
of the CFM56-5 engines may have been installed using the wrong
torque values. We are issuing this AD to detect and correct improper
torque of the aft mount pylon bolts, which, if combined with any
maintenance damage, could lead to aft engine mount failure, possibly
resulting in engine detachment and consequent reduced control of the
airplane.

(f) Compliance

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

(g) Inspection for Incorrect Torque Values

    Within 6 months or 1,500 flight cycles, whichever occurs first
after the effective date of this AD, determine the method used to
install the engines, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-71-1063, including
Appendix 01, dated August 13, 2014. A review of airplane maintenance
records is acceptable in lieu of this inspection if the method used
to install the engines can be

conclusively determined from that review. For any engine replaced as
specified in the Airbus A318/A319/A320/A321 Aircraft Maintenance
Manual (AMM), Task 71-00-00-400-040-A01, ``Installation of the Power
Plant with Engine Positioner TWW 75E,'' dated May 2013: Within 6
months or 1,500 flight cycles, whichever occurs first after the
effective date of this AD, re-torque the 4 aft mount pylon bolts
using a method approved by the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or the European Aviation
Safety Agency (EASA); or Airbus' EASA Design Organization Approval
(DOA).
    Note 1 to paragraph (g) of this AD: Additional guidance for the
re-torque can be found in Airbus A318/A319/A320/A321 AMM Temporary
Revision 71-030, dated March 14, 2014, or Airbus A318/A319/A320/A321
AMM Task 71-00-00-400-040-A01, ``Installation of the Power Plant
with Engine Positioner TWW 75E,'' dated May 2014.

(h) Parts Installation Limitation

    As of the effective date of this AD, no person may install a
CFM56-5 engine, on any airplane, unless the engine is installed in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-71-1063, including Appendix 01, dated August 13, 2014.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA;
or Airbus's EASA DOA. If approved by the DOA, the approval must
include the DOA-authorized signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2014-0258, dated November 28,
2014, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2015-1429.
    (2) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96;
fax: +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com. You may view this service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on June 3, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-14228 Filed 6-12-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 235 (Friday, December 6, 2019)]
[Notices]
[Pages 66951-66953]
[FR Doc No: 2019-26307]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87643; File No. SR-Phlx-2019-50]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Phlx Rule
507

December 2, 2019.
    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 November 18, 2019, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I and II below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Phlx Rule 507, titled ``Application
for Approval as an SQT, RSQT, or RSQTO and Assignment in Options.''
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaqphlx.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
    The Exchange proposes to amend Phlx Rule 507, titled ``Application
for Approval as an SQT, RSQT, or RSQTO and Assignment in Options.''
Specifically, the Exchange proposes to delete Commentaries .02 (Maximum
Number of Quoters (``MNQ'') in Equity Options), .03 (Increasing the MNQ
in Exceptional Circumstances), and .04 (Announcing Regarding, or
Changes to MNQs) to Rule 507. The term ``MNQ'' refers to the maximum
number of participants that may be assigned in a particular equity
option at any one time. The MNQ level for options trading on the
Exchange is 30 for all equity options listed for trading on the
Exchange.'' The Exchange believes that its proposal will promote
liquidity on Phlx.
Background
    In 2006, the Exchange filed an amendment to Phlx Rule 507 to enable
the Exchange to manage its quotation traffic and bandwidth capacity by
limiting the number of streaming quote market participants that may be
assigned to a particular option at a given point in time.\3\
Specifically, the rule change established: (i) A maximum number of
quoters (``MNQ'') equity options based on each option's monthly trading
volume; (ii) a process for recalculating the MNQ based upon changes in
an option's monthly trading volume; (iii) an increase to the MNQ due to
exceptional circumstances; (iv) the process by which the Exchange will
notify market participants of changes to the MNQ; and (v) additional
criteria relating to the process by which the Exchange will assign
Streaming Quote Traders (``SQTs'') \4\ and/or Remote Streaming Quote
Trader (``RSQT'') \5\ applicants in options in the event that there are
more applicants for assignment in a particular option than there are
positions.\6\ The Exchange's filing also noted the manner in which the
MNQ would be recalculated within the first five days of each month
based on the previous month's trading volume (``new MNQ'') as well as
the process by which the Exchange will administer a decrease in the
previous month's MNQ.\7\ The rule change also permitted the Exchange to
increase the MNQ in exceptional circumstances.\8\
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    \3\ See Securities Exchange Act Release No. 55114 (January 17,
2007), 72 FR 3185 (January 24, 2007) (SR-Phlx-2006-81) (Order
Granting Approval to Proposed Rule Change Relating to the
Establishment of a Maximum Number of Quoting Participants Permitted
in a Particular Option on the Exchange).
    \4\ A ``Streaming Quote Trader'' or ``SQT'' is an Registered
Options Trader who has received permission from the Exchange to
generate and submit option quotations electronically in options to
which such SQT is assigned. An SQT may only submit such quotations
while such SQT is physically present on the trading floor of the
Exchange. An SQT may only submit quotes in classes of options in
which the SQT is assigned. See Phlx Rule 1000(b)(59).
    \5\ A ``Remote Streaming Quote Trader'' or ``RSQT'' is an
Registered Options Trader that is a member affiliated with an Remote
Streaming Quote Trader Organization with no physical trading floor
presence who has received permission from the Exchange to generate
and submit option quotations electronically in options to which such
RSQT has been assigned. A qualified RSQT may function as a Remote
Specialist upon Exchange approval. An RSQT is also known as a Remote
Market Maker (``RMM'') pursuant to Rule 501. A Remote Streaming
Quote Organization (``RSQTO'') or Remote Market Maker Organization
(``RMO'') are Exchange member organizations that have qualified
pursuant to Rule 507. See Phlx Rule 1000(b)(60).
    \6\ See note 3 above.
    \7\ See note 3 above.
    \8\ See note 3 above.
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    Since the adoption of this provision the Exchange has amended Phlx
Rule 507 \9\ to provide additional liquidity in equity options on the
Exchange by increasing the MNQ in all equity options. Currently, the
MNQ level is set to 30 for all equity options listed for trading on the
Exchange.
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    \9\ See Securities Exchange Act Release Nos. 56261 (August 15,
2007), 72 FR 47112 (August 22, 2007) (SR-Phlx-2007-51); 58906
(November 6, 2008), 73 FR 67239 (November 13, 2008) (SR-Phlx-2008-
76); 60688 (September 18, 2009), 74 FR 49058 (September 25, 2009)
(SR-Phlx-2009-82); 65373 (September 21, 2011), 76 FR 59764
(September 27, 2011) (SR-Phlx-2011-127) (Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Relating to the
Maximum Number of Quoters (``MNQ'') Permitted To Be Assigned in
Equity Options).
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    The Chicago Board Options Exchange, Incorporated (``Cboe'') also
had a similar limit that it imposed on its market making participants
within its former Rule 8.3A, which limited the number of market
participants that could quote

electronically on Cboe.\10\ Cboe recently filed a non-controversial
rule change to update defined terms in its Rules, delete obsolete and
redundant language, and make other non-substantive changes.\11\ Within
that rule change Cboe eliminated its CQL limit.\12\
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    \10\ Cboe established class quoting limits (``CQL'') for each
class traded on Cboe's system. A CQL is the maximum number of
quoters that may quote electronically in a given product and Rule
8.3A.
    \11\ See Securities Exchange Act Release No. 85657 (April 16,
2019), 84 FR 16701 (April 22, 2019) (SR-Cboe-2019-017).
    \12\ Id.
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    After careful analysis, the Exchange no longer desires to limit the
number of quoters on Phlx. The Exchange believes that allowing
additional market making firms to be assigned to quote in options
series would foster competition. With this proposal there would be no
limit on the amount of SQTs and RSQTs that would be permitted to submit
quotations into Phlx. The Exchange believes that allowing any SQT or
RSQT that is eligible pursuant to Rule 507 to submit quotations would
increase the available liquidity on Phlx. Similar to Cboe, Phlx
represents that it has capacity to handle any additional quoters due to
the elimination of the MNQ. Phlx monitors System capacity in other
ways, making a MNQ no longer necessary.\13\
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    \13\ Regulation SCI requires the Exchange to establish written
policies and procedures reasonably designed to ensure that its
System has levels of capacity, integrity, resiliency, availability,
and security adequate to maintain its operational capability and
promote the maintenance of fair and orderly markets, and that it
operates in a manner that complies with the Exchange Act. See 17 CFR
242.1001.
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    In conjunction with the elimination of Commentary .02 to Rule 507,
the Exchange proposes to eliminate Commentaries .03 and .04 of Phlx
Rule 507 as these provisions, which relate to increasing the MNQ and
announcing the changes to the MNQ, would be rendered irrelevant with
the removal of the limit. The Exchange also proposes to amend Rule
507(b)(iii) to remove rule text which references a limitation on the
number of positions available while retaining the criteria in Rule
507(b)(iii) for consideration of new applicants.
    The Exchange notes that this proposal would be immediately
effective. The Exchange would issue an Options Trader Alert to members
noting that the Exchange is removing the limitation on the maximum
number of quoters. SQTs and RSQTs would be able to apply to make
markets in any options series. All new applicants for trading
privileges will be subject to the process for assignment described in
Rule 507. The Exchange considers all applicants for assignment in
options using the objective criteria set forth in Exchange Rule 507(b).
The objective criteria are used by the Exchange in determining the most
beneficial assignment of options for the Exchange and the public.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\14\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\15\ in particular, in that it is designed to
promote just and equitable principles of trade and to protect investors
and the public interest because the Exchange's elimination of the MNQ
limitation will support the addition of depth and liquidity to Phlx.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
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    Allowing additional market making firms to be assigned to quote in
options series would foster competition. Removing the MNQ limitation
for all equity options traded on the Exchange, is pro-competitive,
because it adds depth and liquidity to the Exchange's markets by
permitting additional participants to compete on the Exchange. With
this proposal there would be no limit on the amount of SQTs and RSQTs
that would be permitted to submit quotations into Phlx. The Exchange
believes that allowing any SQT or RSQT that is eligible pursuant to
Rule 507 to submit quotations would increase the available liquidity on
Phlx. Finally, Phlx represents that it has capacity to handle any
additional quoters due to the elimination of the MNQ. Phlx monitors
System capacity in other ways, making a MNQ no longer necessary.\16\
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    \16\ See note 13 above.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange's proposal does
not impose a burden on intra-market competition because removing the
MNQ limitation for all equity options traded on the Exchange, is pro-
competitive, because it adds depth and liquidity to the Exchange's
markets by permitting additional participants to compete on the
Exchange. The Exchange's proposal does not impose a burden on inter-
market competition because there would be no limit on the amount of
SQTs and RSQTs that would be permitted to submit quotations into Phlx.
The Exchange believes that allowing any SQT or RSQT that is eligible
pursuant to Rule 507 to submit quotations would increase the available
liquidity on Phlx to the benefit of all market participants. Phlx
represents that it has capacity to handle any additional quoters due to
the elimination of the MNQ. Phlx monitors System capacity in other
ways, making a MNQ no longer necessary.\17\
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    \17\ See note 13 above.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \18\ and Rule 19b-
4(f)(6) thereunder.\19\
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    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and 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.
The Exchange has satisfied this requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \20\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \21\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has requested that the Commission waive the 30-day operative delay so
that the Exchange may immediately eliminate the maximum number of
quoting participants that may apply to all options listed for trading
on the Exchange. According to the Exchange, the proposed rule change
will promote liquidity on the Exchange. For these reasons, the
Commission believes that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest.
Accordingly, the Commission hereby waives the operative delay and

designates the proposed rule change operative upon filing.\22\
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    \20\ 17 CFR 240.19b-4(f)(6).
    \21\ 17 CFR 240.19b-4(f)(6)(iii).
    \22\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2019-50 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2019-50. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-Phlx-2019-50, and should be submitted on
or before December 27, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-26307 Filed 12-5-19; 8:45 am]
 BILLING CODE 8011-01-P