[Federal Register: May 22, 2009 (Volume 74, Number 98)]
[Notices]
[Page 24004-24005]
[DOCID:fr22my09-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

May 14, 2009.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP09-553-000.
    Applicants: Eastern Shore Natural Gas Company.
    Description: IT Revenue Sharing Report of Eastern Shore Natural Gas
Company.
    Filed Date: 04/30/2009.
    Accession Number: 20090430-5149.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 19, 2009.

    Docket Numbers: RP09-585-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Columbia Gas Transmission, LLC submits as part of its
FERC Gas Tariff, Third Revised Volume No. 1, First Revised Sheet No.
403, to become effective June 10, 2009.
    Filed Date: 05/11/2009.
    Accession Number: 20090512-0041.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 26, 2009.

    Docket Numbers: RP09-586-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Columbia Gas Transmission, LLC submits their FTS
Service Agreement 8899 between Columbia Gas Transmission Corp and
Chesapeake Appalachia, LLC dated 9/5/08.
    Filed Date: 05/12/2009.
    Accession Number: 20090513-0192.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 26, 2009.

    Docket Numbers: RP09-587-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Petition of Rockies Express Pipeline LLC for a limited
waiver of tariff provision and request for expedited action.
    Filed Date: 05/12/2009.
    Accession Number: 20090513-0191.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 26, 2009.

    Docket Numbers: RP09-588-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Transcontinental Gas Pipe Line Co, LLC requests for
expedited waiver of Section 20 of the General Terms and Conditions of
their FERC Gas Tariff.
    Filed Date: 05/13/2009.
    Accession Number: 20090514-0046.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 26, 2009.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference

to filings initiating a new proceeding, interventions or protests
submitted on or before the comment deadline need not be served on
persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-11958 Filed 5-21-09; 8:45 am]

BILLING CODE 6717-01-P


Comment Info: =================

General Comment:A 75 day time to review the proposed regulations is insufficient. We are requesting that the review be extended to 180 days. Thank you.


[Federal Register: January 18, 2011 (Volume 76, Number 11)]
[Notices]
[Page 2894]
[DOCID:fr18ja11-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

January 7, 2011.
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER01-48-020.
    Applicants: Powerex Corp.
    Description: Powerex Corp submits notice of change in status.
    Filed Date: 11/30/2010.
    Accession Number: 20101201-0201.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 18, 2011.

    Docket Numbers: ER10-2426-001.
    Applicants: Sagebrush Power Partners, LLC.
    Description: Notice of Non-Material Change in Status of Sagebrush
Power Partners, LLC.
    Filed Date: 01/04/2011.
    Accession Number: 20110104-5132.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 25, 2011.

    Docket Numbers: ER10-3290-001.
    Applicants: Startrans IO, LLC.
    Description: Compliance Filing of Startrans IO, LLC.
    Filed Date: 01/06/2011.
    Accession Number: 20110106-5172.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 27, 2011.

    Docket Numbers: ER11-2645-000.
    Applicants: Carolina Power & Light Company.
    Description: Carolina Power & Light Company submits tariff filing
per 35.13(a)(2)(iii): Service Agreement No. 322 under Carolina Power
and Light Company OATT to be effective 1/1/2011.
    Filed Date: 01/07/2011.
    Accession Number: 20110107-5054.
    Comment Date: 5 p.m. Eastern Time on Friday, January 28, 2011.

    Docket Numbers: ER11-2646-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy, Inc. submits tariff filing per 35:
Schedule 3A, Generator Regulation & Frequency Response Svc to be
effective 8/31/2010.
    Filed Date: 01/07/2011.
    Accession Number: 20110107-5071.
    Comment Date: 5 p.m. Eastern Time on Friday, January 28, 2011.

    Docket Numbers: ER11-2647-000.
    Applicants: Carolina Power & Light Company.
    Description: Cancellation of NITSA with Piedmont EMC by Carolina
Power & Light Company.
    Filed Date: 01/07/2011.
    Accession Number: 20110107-5075.
    Comment Date: 5 p.m. Eastern Time on Friday, January 28, 2011.
    Take notice that the Commission received the following electric
securities filings:
    Docket Numbers: ES11-9-000.
    Applicants: ITC Midwest LLC.
    Description: On January 6, 2011 and on January 7, 2011 ITC Midwest
LLC filed Requests for Modification.
    Filed Date: 01/06/2011; 01/07/2011.
    Accession Number: 20110106-5173; 20110107-5130.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 18, 2011.
    Take notice that the Commission received the following land
acquisition reports:
    Docket Numbers: LA10-3-000.
    Applicants: GE Companies.
    Description: Report of The GE Companies.
    Filed Date: 12/28/2010.
    Accession Number: 20101228-5166.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 18, 2011.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-847 Filed 1-14-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 36 (Friday, February 22, 2019)]
[Rules and Regulations]
[Pages 5603-5604]
[FR Doc No: 2019-03106]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R04-RCRA-2018-0255; FRL-9989-93-Region 4]

Georgia: Final Authorization of State Hazardous Waste Management
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is granting Georgia
final authorization for changes to its hazardous waste program under
the Resource Conservation and Recovery Act (RCRA). The Agency published
a notice of proposed rulemaking on August 13, 2018, and provided for
public comment. No comments were received on Georgia's proposed
revisions. No further opportunity for comment will be provided.

DATES: This final authorization is effective February 22, 2019.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R04-2018-0255. All documents in the docket are listed
on the https://www.regulations.gov website. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (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: Thornell Cheeks, Materials and Waste
Management Branch, RCR Division, U.S. Environmental Protection Agency,
Atlanta Federal Center, 61 Forsyth Street SW, Atlanta, Georgia 30303-
8960; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. What changes to Georgia's hazardous waste program is EPA authorizing
with this action?

    On September 22, 2015, September 12, 2016, and November 7, 2017,
Georgia submitted final complete program revision applications seeking
authorization of changes to its hazardous waste program in accordance
with 40 CFR 271.21. EPA now makes a final decision that Georgia's
hazardous waste program revisions that are being authorized are
equivalent to, consistent with, and no less stringent than the Federal
program, and therefore satisfy all of the requirements necessary to
qualify for final authorization. For a list of State rules being
authorized with this Final Rule, please see the Proposed Rulemaking
published in the Federal Register 83 FR 39975, August 13, 2018.

B. What is codification and is EPA codifying Georgia's hazardous waste
program as authorized in this rule?

    Codification is the process of placing citations and references to
the State's statutes and regulations that comprise the State's
authorized hazardous waste program into the Code of Federal Regulations
(CFR). EPA does this by adding those citations and references to the
authorized State rules in 40 CFR part 272. EPA is not codifying the
authorization of Georgia's revisions at this time. However, EPA
reserves the ability to amend 40 CFR part 272, subpart L, for the
authorization of Georgia's program changes at a later date.

C. Statutory and Executive Order Reviews

    This final authorization revises Georgia's authorized hazardous
waste management program pursuant to Section 3006 of RCRA and imposes
no requirements other than those currently imposed by State law. For
further information on how this authorization complies with applicable
executive orders and statutory provisions, please

see the Proposed Rule published in the Federal Register 83 FR 39975,
August 13, 2018. The Congressional Review Act, 5 U.S.C. 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
document and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This final action will be effective February 22, 2019.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Intergovernmental relations, Penalties, Reporting and
recordkeeping requirements.

    Authority: This action is issued under the authority of Sections
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

    Dated: December 21, 2018.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019-03106 Filed 2-21-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Notices]
[Pages 32750-32751]
[FR Doc No: 2017-14872]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2017-0706]

Recommendations for Facilities Realignments To Support Transition
to NextGen as Part of Section 804 of the FAA Modernization and Reform
Act of 2012--Part 3; Request for Comments

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

ACTION: Notice of availability; request for comments.

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SUMMARY: This document announces the availability of the FAA National
Facilities Realignment and Consolidation Report, Part 3. The report was
developed in response to Section 804 of the FAA Modernization and
Reform Act of 2012. The report and recommendations contained therein
have been developed collaboratively with the National Air Traffic
Controllers Association (NATCA) and the Professional Aviation Safety
Specialists (PASS) labor unions and with input from stakeholders. The
FAA seeks comments on this report.

DATES: Send comments on or before August 31, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-0706
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA dockets, including name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or visit Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: William Middleswart, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
email<EMAIL_ADDRESS>phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    Section 804 of the FAA Modernization and Reform Act of 2012 (Pub.
L. 112-95) requires the FAA to develop a plan for realigning and
consolidating facilities in an effort to support the transition to
NextGen and reduce costs where such cost reductions can be implemented
without adversely affecting safety. To address Section 804
requirements, the FAA formed a collaborative workgroup of
representatives from the FAA and NATCA and PASS labor unions to develop
a comprehensive process to analyze different realignment and
consolidation scenarios. The collaborative process takes into account
the following factors and criteria when prioritizing facilities for
realignment analysis: NextGen readiness; the Terminal Automation
program schedule; operational and airspace factors; existing facility
conditions and workforce impacts; industry stakeholder input; costs and
benefits associated with each potential realignment alternative;
facilities and engineering planning and priorities; and employee career
development.
    The collaborative workgroup developed the guiding principles and
criteria for evaluating existing Terminal Radar Approach Control
(TRACON) operations. The principles support the goals of developing
operationally viable realignment and consolidation scenarios, capturing
recommendations, and outlining next steps. The workgroup has developed
a repeatable and defensible four-step process to evaluate facility
TRACON operations and prioritize for analysis; determine an initial set
of realignment scenarios and a set of alternatives for each scenario;
collect facility and operational data and

document system requirements; document facility, equipment,
infrastructure, operational and safety data; capture qualitative
workforce considerations, including training, transition, facility, and
potential workforce impacts of potential realignments; consider
potential impacts on operations, airspace modifications, route/fixes
changes, arrival/departure procedures, intra/inter-facility
coordination, and pilot community interaction; collect and consider
industry stakeholder input; quantify benefits and cost of potential
realignments; and develop a recommendation for each realignment
scenario. A copy of this report has been placed in the docket for this
notice. The docket may be accessed at http://www.regulations.gov. A
copy of the report has also been made available on the FAA's Web site
at http://www.faa.gov/regulations_policies/rulemaking/recently_published/.
    The realignment recommendations outlined in the Part 3 report are
the result of a collaborative process that involved a multi-
disciplinary team of FAA management, labor, field facilities, finance,
and subject matter experts. The Section 804 process serves as a stable
foundation for future realignment analyses and recommendations. The
process aims to maximize operational, administrative, and maintenance
efficiencies, support transition to NextGen, and deliver the highest
value to stakeholders.
    The FAA is requesting comments on this report pursuant to Section
804 of the FAA Modernization and Reform Act of 2012. The agency will
consider all comments received on or before August 31, 2017. Following
a 60-day comment review period, the final report along with public
comments will be submitted to Congress. The FAA continues to analyze
data collected from facilities across the United States and evaluate
possible realignment scenarios.

    Issued in Washington, DC, on July 10, 2017.
William Middleswart,
Management Services, Federal Aviation Administration.
[FR Doc. 2017-14872 Filed 7-14-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 21 (Thursday, January 31, 2019)]
[Rules and Regulations]
[Pages 530-533]
[FR Doc No: 2019-00423]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0376]
RIN 1625-AA00

Safety Zone; Neches River, Beaumont, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is extending the duration of a temporary
safety zone on the navigable waters of the Neches River extending 500-
feet on either side of the Kansas City Southern Railroad Bridge that
crosses the Neches River in Beaumont, TX. The safety zone is necessary
to protect the bridge as well as persons and property on or near the
bridge from potential damage from passing vessels until missing and/or
damaged fendering systems are repaired

or replaced. Entry of certain vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Marine Safety Unit Port Arthur or a designated representative.

DATES: This rule is effective from 1 a.m. on February 1, 2019 through
midnight on September 30, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0376 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Scott Whalen, Marine Safety Unit Port Arthur, U.S.
Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety Unit Port Arthur
DHS Department of Homeland Security
FR Federal Register
KCS Kansas City Southern Railroad Company
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
VTS Vessel Traffic Service

II. Background Information and Regulatory History

    On April 19, 2018, the Coast Guard was notified that the wood
fendering systems designed to protect bridge support columns of the
Kansas City Southern Railroad Company's bridge (KSC) from strikes by
vessels transiting under the bridge had been damaged or destroyed by
Hurricane Harvey. The south bank column protection fenders are missing
and the north bank column protection fenders are severely damaged. KCS
indicated that strikes to the support columns could compromise the
bridge structure. In response, on May 7, 2018 the Coast Guard published
a temporary final rule; request for comment titled Safety Zone; Neches
River, Beaumont, TX (83 FR 19965). During the comment period that ended
on May 29, 2018, we received no comments. The safety zone was
established on May 7, 2018, and extended on September 5, 2018 via a
temporary final rule titled Safety Zone; Neches River, Beaumont, TX (83
FR 45047). The zone is scheduled to expire on January 31, 2019.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to continue to respond to potential
safety hazards posed by and to passing vessel traffic and to the
unprotected bridge columns supporting the KCS Bridge.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Marine Safety Unit Port Arthur (COTP) has
determined that potential hazards posed by the unprotected bridge
columns are a safety concern to the KCS Bridge and to persons and
property on or near the bridge. The purpose of this rule is to provide
for the safety of the KCS Bridge and persons and property on or near
the bridge.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our temporary final
rule; request for comments published on May 7, 2018. The only changes
in the regulatory text of this rule are minor formatting edits and the
extension of the effective period until September 30, 2019, or until
the missing and/or damaged fenders are repaired or replaced, whichever
occurs first.
    This rule extends the temporary safety zone from February 1, 2019
through September 30, 2019 or until missing and/or damaged fendering
systems are repaired or replaced, whichever occurs first. The safety
zone extends 500-feet on either side of the KCS Bridge that crosses the
Neches River in Beaumont, TX in approximate location 30[deg]04'54.8'' N
094[deg]05'29.4'' W. The duration of the zone is intended to protect
the bridge support columns as well as persons and property on or near
the bridge until the bridge fendering is repaired or replaced. Only
vessels less than 65 feet in length and not engaged in towing are
authorized to enter the zone, unless otherwise permitted by the COTP or
a designated representative to enter the safety zone.
    Persons and vessels desiring to enter the safety zone must request
permission from the COTP or a designated representative. They may be
contacted through Vessel Traffic Service (VTS) on channels 65A or 13
VHF-FM, or by telephone at<PHONE_NUMBER>.
    Permission to transit through the bridge will be based on weather,
tide and current conditions, vessel size, horsepower, and availability
of assist vessels. All persons and vessels permitted to enter this
temporary safety zone shall comply with the lawful orders or directions
given to them by COTP or a designated representative. Intentional or
unintentional contact with any part of the bridge or associated
structure, including fendering systems, support columns, spans or any
other portion of the bridge, is strictly prohibited. Report any contact
with the bridge or associated structures immediately to VTS Port Arthur
on channels 65A, 13 or 16 VHF-FM or by telephone at<PHONE_NUMBER>.
    The Coast Guard will inform the public through public of the
effective period of this safety zone through VTS Advisories, Broadcast
Notices to Mariners (BNMs), Local Notice to Mariners (LNMs), and/or
Marine Safety Information Bulletins (MSIBs) as appropriate.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, and duration of the safety zone. This rule will only affect
certain vessels transiting the upper reaches of the Neches River in
Beaumont, TX. The Coast Guard will issue a VTS Advisory concerning the
zone, and the rule allows vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and

operated and are not dominant in their fields, and governmental
jurisdictions with populations of less than 50,000. The Coast Guard
received no comments from the Small Business Administration on this
rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this
rule will not have a significant economic impact on a substantial
number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a safety zone that will prohibit entry within 500-feet of either side
of the KCS Bridge that crosses the Neches River in Beaumont, TX. It is
categorically excluded from further review under paragraph L60(d) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T08-0376 to read as follows:

Sec.  165.T08-0376  Safety Zone; Neches River, Beaumont, TX.

    (a) Location. The following area is a safety zone: all navigable
waters extending 500-feet on either side of the Kansas City Southern
Railroad Bridge that crosses the Neches River in Beaumont, TX in
approximate location 30[deg]04'54.8'' N 094[deg]05'29.4'' W.
    (b) Effective and enforcement periods. This section is effective
from 1 p.m. on February 1, 2019 through midnight on September 30, 2019.
This section will be enforced from 1 p.m. on February 1, 2019 through
midnight on September 30, 2019, or until missing and/or damaged
fendering systems are repaired or replaced, whichever occurs first.
    (c) Regulations. (1) No vessel may enter or remain in the safety
zone except:
    (i) A vessel less than 65 feet in length and not engaged in towing;
or
    (ii) A vessel authorized by the Captain of the Port Marine Safety
Unit Port Arthur (COTP) or a designated representative.
    (2) Persons and vessels desiring to enter the safety zone must
request permission from the COTP or a designated representative. They
may be contacted through Vessel Traffic Service (VTS) on channels 65A
or 13 VHF-FM, or by telephone at<PHONE_NUMBER>.
    (3) Permission to transit through the bridge will be based on
weather, tide and current conditions, vessel size, horsepower, and
availability of assist vessels. All persons and vessels permitted to
enter this temporary safety zone shall comply with the lawful orders or
directions given to them by COTP or a designated representative.
    (4) Intentional or unintentional contact with any part of the
bridge or associated structure, including fendering systems, support
columns,

spans or any other portion of the bridge, is strictly prohibited.
Report any contact with the bridge or associated structures immediately
to VTS Port Arthur on channels 65A, 13 or 16 VHF-FM or by telephone at
(409) 719-5070.
    (d) Informational broadcasts. The Coast Guard will inform the
public through public of the effective period of this safety zone
through VTS Advisories, Broadcast Notices to Mariners (BNMs), Local
Notice to Mariners (LNMs), and/or Marine Safety Information Bulletins
(MSIBs) as appropriate.

    Dated: December 26, 2018.
K.J. Pierre,
Commander, U.S. Coast Guard, Acting Captain of the Port Marine Safety
Unit Port Arthur.
[FR Doc. 2019-00423 Filed 1-30-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 174 (Monday, September 13, 2021)]
[Rules and Regulations]
[Pages 50843-50844]
[FR Doc No: 2021-19573]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0069; Airspace Docket No. 21-ASO-1]
RIN 2120-AA66

Amendment of Class E Airspace; Courtland, AL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace extending upward from 700
feet above the surface for Courtland Airport, Courtland, AL, by
amending the name and geographical coordinates of Courtland Airport
(formerly Industrial Airpark Airport).

DATES: Effective 0901 UTC, December 2, 2021. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order 7400.11E, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; Telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Ave., College Park, GA 30337; Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends the Class E airspace extending upward from 700 feet above
the surface in Courtland, AL, to support IFR operations in the area.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (86 FR 33585, June 25, 2021) for Docket No. FAA-2021-0069 to
amend Class E airspace extending upward from 700 feet above the surface
at Courtland Airport, Courtland, AL, by amending the name and
geographical coordinates of Courtland Airport.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class E airspace designations are published in Paragraph 6005 of
FAA Order 7400.11E, dated July 21, 2020, and effective September 15,
2020, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020. FAA Order 7400.11E is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11E lists Class A,
B, C, D, and E airspace areas, air traffic routes, and reporting
points.

The Rule

    The FAA is amending 14 CFR part 71 by amending the Class E airspace
extending upward from 700 feet above the surface at Courtland Airport,
Courtland, AL, by updating the airport's name and geographical
coordinates. In addition, the reference to Muscle Shoals Airport would
be removed from the description, in compliance with (FAA Order
7400.2M).
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (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) does not warrant preparation of a regulatory evaluation as the
anticipated impact is minimal. Since this is a routine matter that only
affects air traffic procedures and air navigation, it is certified that
this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air)

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASO AL E5 Courtland, AL [Amended]

Courtland Airport, AL
    (Lat. 34[deg]39'29'' N, long. 87[deg]20'55'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Courtland Airport.

    Issued in College Park, Georgia, on September 7, 2021.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2021-19573 Filed 9-10-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 1, 2005 (Volume 70, Number 210)]
[Proposed Rules]
[Page 65866-65871]
[DOCID:fr01no05-21]

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

Federal Energy Regulatory Commission

18 CFR Parts 41, 158, 286 and 349

[Docket No. RM06-2-000]

Procedures for Disposition of Contested Audit Matters

October 20, 2005.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: Pursuant to section 309 of the Federal Power Act, 16 U.S.C.
825h (2000); section 16 of the Natural Gas Act, 15 U.S.C. 717o (2000);
sections 20 and 204(a)(6) of the Interstate Commerce Act, 49 App.
U.S.C. 20 and 204(a)(6)(2000); and section 501 of the Natural Gas
Policy Act of 1978, 15 U.S.C. 3411 (2000), the Federal Energy
Regulatory Commission proposes to issue Rules permitting audited
persons to challenge audit findings before the issuance of a Commission
order on the merits of those findings. The Commission seeks public
comment on the Rules proposed herein.

DATES: Comments are due November 22, 2005. Reply comments are due
November 29, 2005.

ADDRESSES: Comments may be filed electronically via the eFiling link on
the Commission's Web site at http://www.ferc.gov. Commenters unable to

file comments electronically must send an original and 14 copies of
their comments to: Federal Energy Regulatory Commission, Office of the
Secretary, 888 First Street NE., Washington, DC 20426. Refer to the
Comment Procedures section of the preamble for additional information
on how to file comments.

FOR FURTHER INFORMATION CONTACT: John R. Kroeger, Office of Market
Oversight and Investigations, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Summary

    1. In this Notice of Proposed Rulemaking (NOPR), the Federal Energy
Regulatory Commission (Commission) proposes to amend parts 41 and 158,
add new language to part 286 and to add a new part 349 to its
regulations.\1\ The main purpose of the proposed rule is to apply
existing procedures for challenging the Commission staff's financial
audit findings and proposed remedies to the Commission staff's
operational audit findings and proposed remedies as well.
---------------------------------------------------------------------------

    \1\ 18 CFR parts 41, 158 and 286 (2005). Part 41 applies to
public utilities and licensees under the Federal Power Act (FPA),
part 158 applies to natural gas companies under the Natural Gas Act
(NGA), part 286 applies to entities subject to the Commission's
jurisdiction under the Natural Gas Policy Act of 1978 (NGPA) and the
new part 349 would apply to common carries subject to the
Commission's jurisdiction under the Interstate Commerce Act (ICA).
---------------------------------------------------------------------------

    2. The Commission is proposing to amend its regulations to permit
any audited person \2\ to challenge staff audit findings and proposed
remedies (collectively, audit matters) before the issuance of a
Commission order on the merits of those audit matters. Under the
proposed rule, the Commission would issue an order on the merits with
respect to non-disputed audit matters contained in a notice of
deficiency, audit report or similar document and would notice, without
making any findings on the merits, any disputed audit matters. The
Commission would provide the audited person an opportunity to challenge
any such disputed audit matters. The audited person could then elect a
shortened procedure \3\ or a trial-type hearing to challenge the
disputed audit matters. The Commission would honor this election unless
in the Commission's judgment there were no material facts in dispute
which require cross-examination.
---------------------------------------------------------------------------

    \2\ The term ``person'' as used in this notice and the
accompanying regulatory text is the same as the definition of person
found in parts 101 (Definition 24) and 201 (Definition 27) of the
Commission's regulations, which reads as follows: ``An individual, a
corporation, a partnership, an association, a joint stock company, a
business trust, or any other organized group of persons, whether
incorporated or not, or any receiver or trust.''
    \3\ The term ``shortened procedure'' as used in this notice and
the accompanying regulatory text refers to a ``paper hearing,'' or
briefing of matters only, not including a trial-type proceeding, in
a contested proceeding before the Commission.
---------------------------------------------------------------------------

II. Background

    3. Relevant portions of the existing language of parts 41 and 158
that relate to procedures for challenging audit matters date at least
to 1937.\4\ At that time and for many years afterward, Commission staff
audited primarily the financial accounts and records of jurisdictional
persons and the language of these sections was adequate. Financial
audits have been conducted mainly to determine compliance with parts
101 (Uniform System of Accounts Prescribed for Public Utilities and
Licensees), 201 (Uniform System of Accounts Prescribed for Natural Gas
Companies) and 352 (Uniform Systems of Accounts Prescribed for Oil
Pipeline Companies). However, in more recent years the Commission staff
has conducted operational audits. Operational audits have been
conducted to determine compliance with the Commission's Standards of
Conduct,\5\ Behavior Rules,\6\ Codes of Conduct, tariff matters and
other Commission requirements. Thus, operational audits address matters
that are not explicitly covered by the existing provisions of parts 41
and 158. Accordingly, the proposed rule is needed to provide the
audited persons who are subject to operational audits, and indeed, to
all audits the Commission staff conducts, the same procedural benefits
provided to audited persons who are subject to financial audits. The
proposed rule would advance the due process rights of all audited
persons by providing an effective procedure for them to challenge staff
audit findings.
---------------------------------------------------------------------------

    \4\ See Federal Power Commission, Rules of Practice and
Regulations Sec.  301(a) (Revised January 1, 1937).
    \5\ See 18 CFR part 358 (2005).
    \6\ See Authorization of Terms and Conditions of Public Utility
Market-Based Rate Authorizations, 105 FERC ] 61,218 (2003);
Amendments to Blanket Sales Certificates, III FERC Statutes &
Regulations, Regulations Preambles ] 31,153 (2003).
---------------------------------------------------------------------------

    4. The Commission's regulations do not now contain procedures for
challenging audit findings and proposed remedies of audits conducted
under the NGPA and the ICA. The proposed rule includes audits under
these statutes for the sake of completeness. While the Commission's
staff conducts audits under the authority of these statutes less
frequently than it does under the NGA and FPA, the proposed rule would
permit persons audited under the NGPA and the ICA to challenge audit
matters in the same way that persons audited under the NGA or FPA could
challenge audit matters.

III. Discussion

    5. The Commission staff conducts audits of persons subject to the
Commission's jurisdiction to determine compliance with the Uniform
Systems of Accounts and other requirements of the Commission. The
Commission's audit staff conducts audits that pertain to orders, rules
and regulations covering, among other things, financial accounting and
reporting, annual charges, Standards of Conduct and Codes of Conduct,
interlocking directorates, and other requirements affecting persons
under the Commission's jurisdiction.
    6. The Commission's rules now permit persons subject to financial
audits to challenge staff audit findings before the issuance of a
Commission order on the merits of those findings. Parts 41 and 158, at
sections 41.1 through 41.7 and at sections 158.1 through 158.7,
respectively, currently provide for Commission or Commission staff to
inform a person subject to the Commission's FPA jurisdiction (in the
case of part 41) or the Commission's NGA jurisdiction (in the case of
part 158) of a deficiency with respect to the following limited
classification of items: (1) The maintenance of accounts, or any books
and records pertaining to or in support of those accounts; or (2) any
statement or report submitted by such person. In the event of a
disagreement between such person and the Commission or its staff with
respect to any finding, parts 41 and 158 permit such person to
challenge one or more findings of audit staff before issuance of an
order by the Commission on the merits of the audit findings. An audited
person can challenge the findings by either choosing a paper hearing,
referred to as a ``shortened procedure'' in parts 41 and 158, or a
trial type-hearing under subpart E of part 385 of the Commission's
regulations.\7\ The shortened procedure consists of an opportunity to
submit briefs to the Commission with respect to the disagreement. If
the audited person does not choose the shortened procedure, the
Commission will assign the proceeding for a trial-type hearing except
when there are no material facts in dispute requiring cross-
examination.
---------------------------------------------------------------------------

    \7\ See 18 CFR 41.1 and 158.1 (2005).
---------------------------------------------------------------------------

    7. The proposed rule would expand the existing procedural rights of
persons subject to audits conducted by the Commission staff.
Accordingly, under the proposed rule, the Commission would not limit
the ability to challenge staff audit findings before the issuance of a
Commission order on the merits of those findings to persons subject to
financial audits only, i.e., audits of accounts or books and records in
support of those accounts, or audits of statements or reports submitted
to the Commission. Instead, the Commission would amend its regulations
to permit all audited persons who disagree with staff audit findings to
so challenge them.
    8. The Commission's audit staff communicates its audit findings and

proposed remedies with the audited person. The audited person has an
opportunity to provide written comments signifying agreement or
disagreement with the audit findings and proposed remedial measures.
Under the proposed rule, in cases where the audited person communicated
its disagreement with any finding or proposed remedy, the Commission
would notice any such disputed findings and proposed remedies, without
ruling on the merits with respect to them, in any initial order
regarding the notice of deficiency, audit report or similar document.
For all audits, the Commission would provide the audited person the
opportunity to timely challenge the noticed finding or findings and
proposed remedial measures through the shortened procedure or a trial-
type hearing. The Commission would honor the audited person's election
unless in the Commission's judgment there were no material facts in
dispute which require cross-examination. By opting for the shortened
procedure, the person has waived any right to subsequently request a
hearing before an administrative law judge under section 41.7 or
158.7.\8\
---------------------------------------------------------------------------

    \8\ See sections 41.3 and 158.3 of the Commission's regulations;
18 CFR 41.3 and 158.7 (2005).
---------------------------------------------------------------------------

    9. The Commission is also proposing to permit persons audited under
the NGPA or the ICA the same opportunity to challenge staff audit
findings before the Commission issues an order on the merits of those
findings.\9\ The Commission's regulations applicable to these statutes
do not contain provisions analogous to the procedures in parts 41 and
158. Accordingly, the proposed rule would add sections 286.103 through
286.109 to part 286 to provide the indicated provisions for persons
audited under authority of the NGPA. The proposed rule would further
add a new part 349 to provide the indicated provisions for persons
audited under authority of the ICA.
---------------------------------------------------------------------------

    \9\ The Commission staff may conduct an audit pursuant to its
enforcement authority found in section 501(a) of the NGPA, 15 U.S.C.
3411(a) (2000). Such audits are infrequent and the Commission
suggests no change in the frequency of such audits by the
promulgation of this proposed rule. The Commission staff may conduct
an audit to assure compliance with the Uniform Systems of Accounts
Prescribed for Oil Pipeline Companies, 18 CFR part 352 (2005).
---------------------------------------------------------------------------

    10. The Commission has legal authority to make the proposed changes
under the FPA, NGA, ICA and NGPA.\10\ In this respect, the FPA and NGA
empower the Commission, with respect to public utilities and interstate
natural gas pipeline companies to ``perform any and all acts, and to
prescribe, issue, make, amend, and rescind such orders, rules and
regulations as it may find necessary or appropriate to carry out the
provisions of [the] Act.''\11\
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    \10\ See section 309 of the FPA, 16 U.S.C. 825h (2000); section
16 of the NGA, 15 U.S.C. 717o (2000); sections 20 and 204(a)(6) of
the ICA; 49 App. U.S.C. 20 and 204(a)(6) (2000); and section 501 of
the NGPA, 15 U.S.C. 3411 (2000).
    \11\ Section 309 of the FPA, 16 U.S.C. 825h (2000); and section
16 of the NGA, 15 U.S.C. 717o (2000).
---------------------------------------------------------------------------

    11. The Commission invites public comments on whether the
Commission should also provide informal procedures before proceeding
with the formal procedures contained in the proposed rule. Commenters
should address the relative merits of such processes and how they could
function in concert with the proposed rule.

IV. Information Collection Statement

    12. This proposed rule clarifies and amends the existing
requirements to apply to all audits and does not include new
information collections under the provisions of the Paperwork Reduction
Act of 1995.\12\
---------------------------------------------------------------------------

    \12\ 44 U.S.C. 3501 et seq. (2000).
---------------------------------------------------------------------------

V. Environmental Analysis

    13. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment. The
Commission has categorically excluded certain actions from this
requirement as not have a significant effect on the human environment.
Included in the exclusions are rules that are clarifying, corrective,
or procedural or that do not substantively change the effect of the
regulations being amended. This proposed rule, if finalized, is
procedural in natural and therefore falls under this exception;
consequently, no environmental consideration would be necessary.

VI. Regulatory Flexibility Act Statement

    14. The Regulatory Flexibility Act of 1980 (RFA) \13\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
The Commission is not required to make such analyses if a rule would
not have such an effect. The Commission concludes that this rule would
not have such an impact on small entities. Most filing companies
regulated by the Commission do not fall within the Commission's
definition of a small entity. The proposed rule would not impose new
filing requirements.
---------------------------------------------------------------------------

    \13\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------

VII. Comment Procedures

    15. The Commission invites interested persons to submit written
comments on the matters and issues proposed in this notice to be
adopted, including any related matters or alternative proposals that
commenters may wish to discuss. Comments are due 21 days from
publication in the Federal Register. Comments must refer to Docket No.
RM06-2-000, and may be filed either in electronic or paper format.
Those filing electronically do not need to make a paper filing.
    16. Documents filed electronically via the Internet can be prepared
in a variety of formats, including WordPerfect, MS Word, Portable
Document Format, Real Text Format, or ASCII format, as listed on the
Commission's Web site at http://ferc.gov under the e-Filing link. The

e-Filing link provides instructions for how to Login and complete an
electronic filing. First time users will have to establish a user name
and password. The Commission will send an automatic acknowledgment to
the sender's e-mail address upon receipt of comments. User assistance
for electronic filing is available at<PHONE_NUMBER> or by e-mail to
<EMAIL_ADDRESS>Comments should not be submitted to the e-mail

address.
    17. For paper filings, the original and 14 copies of such comments
should be submitted to the Office of the Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    18. All comments will be placed in the Commission's public files
and will be available for inspection in the Commission's Public
Reference Room at 888 First Street, NE., Washington, DC 20426, during
regular business hours. Additionally, all comments may be viewed,
printed, or downloaded remotely via the Internet through FERC's home
page.

VIII. Document Availability

    19. 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 FERC's home page and in FERC's Public Reference Room
during normal business hours.
    20. From FERC's home page on the Internet, this information is
available in e-library. The full text of this document is available in
e-library in PDF and MS Word format for viewing, printing or
downloading. To access this document in e-library, type the docket
number excluding the last three digits of this document in the docket
number field.

    21. User assistance is available for e-library and the FERC's Web
site during normal business hours from our Help line at<PHONE_NUMBER>
or the Public Reference Room at<PHONE_NUMBER>. E-mail the Public
Reference Room at<EMAIL_ADDRESS>
List of Subjects

18 CFR Part 41

    Electric power, accounts, records, memoranda, conduct, shortened
procedure.

18 CFR Part 158

    Natural gas, accounts, records, memoranda, conduct, shortened
procedure.

18 CFR Part 286

    Natural gas, accounts, records, memoranda, conduct, shortened
procedure.

18 CFR Part 349.

    Oil pipelines, accounts, records, memoranda, conduct, shortened
procedure.

    By direction of the Commission.
Magalie R. Salas,
Secretary.
    In consideration of the foregoing, the Commission proposes to amend
Chapter 1, Title 18, of the Code of Federal Regulations, as follows:

PART 41--ACCOUNTS, RECORDS, MEMORANDA AND DISPOSITION OF CONTESTED
AUDIT FINDINGS AND PROPOSED REMEDIES

    1. The authority citation for part 41 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r.

    2. The heading of part 41 is revised to read as set forth above.
    3. Sections 41.1, 41.2 and 41.3, and the undesignated center
heading preceding them, are revised to read as follows:

Disposition of Contested Audit Findings and Proposed Remedies

Sec.  41.1  Notice to audited person.

    An audit conducted by the Commission's staff under authority of the
Federal Power Act may result in a notice of deficiency or audit report
or similar document containing a finding or findings that the audited
person has not complied with a requirement of the Commission with
respect to, but not limited to, the following: A filed tariff or
tariffs, contracts, data, records, accounts, books, communications or
papers relevant to the audit of the audited person; matters under the
Standards of Conduct or the Code of Conduct; and the activities or
operations of the audited person. The notice of deficiency, audit
report or similar document may also contain one or more proposed
remedies that address findings of noncompliance. Where such findings,
with or without proposed remedies, appear in a notice of deficiency,
audit report or similar document, such document shall be provided to
the audited person, and the finding or findings, and any proposed
remedies, shall be noted and explained. The audited person shall timely
indicate in a written response any and all findings, including any and
all proposed remedies, with which the audited person disagrees. Any
initial order that the Commission subsequently may issue with respect
to the notice of deficiency, audit report or similar document shall
note, but not address on the merits, the finding or findings and any
proposed remedies with which the audited person disagreed. The
Commission shall provide the audited person a specified number of days
to respond with respect to the finding or findings and any proposed
remedies with which it disagreed.

Sec.  41.2  Response to notification.

    Upon issuance of a Commission order that notes a finding or
findings, with or without proposed remedies, with which the audited
person has disagreed, the audited person may: Acquiesce in the findings
and proposed remedies by not timely responding to the Commission order,
in which case the Commission may issue an order approving them or
taking other action; or challenge the finding or findings, and any
proposed remedies, with which it disagreed by timely notifying the
Commission in writing that it requests Commission review by means of a
shortened procedure or, if there are material facts in dispute which
require cross-examination, a trial-type hearing.

Sec.  41.3  Shortened procedure.

    If the audited person subject to a Commission order described in
Sec.  41.1 notifies the Commission that it seeks to challenge one or
more audit findings, with or without proposed remedies, by the
shortened procedure, the Commission shall thereupon issue a notice
setting a schedule for the filing of memoranda. The person electing the
use of the shortened procedure, and any other interested entities,
including the Commission staff, shall file, by the date specified by
the Commission in the notice, an initial memorandum that addresses the
relevant facts and applicable law that support the position or
positions taken regarding the matters at issue. In the notice, the
Commission shall also set a date for the filing of reply memoranda,
which may be filed only by participants that filed initial memoranda.
Subpart T of part 385 of the Commission's regulations shall apply to
all filings. A person that consents to the matter being handled
pursuant to the shortened procedure has waived any right to
subsequently request a hearing pursuant to Sec.  41.7 and may not later
request such a hearing.
* * * * *

PART 158--ACCOUNTS, RECORDS MEMORANDA AND DISPOSITION OF CONTESTED
AUDIT FINDINGS AND PROPOSED REMEDIES

    4. The authority citation for part 158 continues to read as
follows:

    Authority: 15 U.S.C. 717-717w.

    5. The heading of part 158 is revised to read as set forth above.
    6. Sections 158.1, 158.2 and 158.3, and the undesignated center
heading preceding them, are revised to read as follows:

Disposition of Contested Audit Findings and Proposed Remedies

Sec.  158.1  Notice to audited person.

    An audit conducted by the Commission or its staff under authority
of the Natural Gas Act may result in a notice of deficiency or audit
report or similar document containing a finding or findings that the
audited person has not complied with a requirement of the Commission
with respect to, but not limited to, the following: A filed tariff or
tariffs, contracts, data, records, accounts, books, communications or
papers relevant to the audit of the audited person; matters under the
Standards of Conduct or the Code of Conduct; and the activities or
operations of the audited person. The notice of deficiency, audit
report or similar document may also contain one or more proposed
remedies that address findings of noncompliance. Where such findings,
with or without proposed remedies, appear in a notice of deficiency,
audit report or similar document, such document shall be provided to
the audited person, and the finding or findings, and any proposed
remedies, shall be noted and explained. The audited person shall timely
indicate in a written response any and all findings, including any and
all proposed remedies, with which the audited person disagrees. Any
initial order that the Commission subsequently may issue with respect
to the notice of deficiency, audit report or similar document shall
note, but not address on the merits, the

finding or findings and any proposed remedies with which the audited
person disagreed. The Commission shall provide the audited person a
specified number of days to respond with respect to the finding or
findings and any proposed remedies with which it disagreed.

Sec.  158.2  Response to notification.

    Upon issuance of a Commission order that notes a finding or
findings, with or without proposed remedies, with which the audited
person has disagreed, the audited person may: Acquiesce in the findings
and proposed remedies by not timely responding to the Commission order,
in which case the Commission may issue an order approving them or
taking other action; or challenge the finding or findings and any
proposed remedies with which it disagreed by timely notifying the
Commission in writing that it requests Commission review by means of a
shortened procedure, or, if there are material facts in dispute which
require cross-examination, a trial-type hearing.

Sec.  158.3  Shortened procedure.

    If the audited person subject to a Commission order described in
Sec.  158.1 notifies the Commission that it seeks to challenge one or
more audit findings, with or without proposed remedies, by the
shortened procedure, the Commission shall thereupon issue a notice
setting a schedule for the filing of memoranda. The person electing the
use of the shortened procedure, and any other interested entities,
including the Commission staff, shall file, by the date specified by
the Commission in the notice, an initial memorandum that addresses the
relevant facts and applicable law that support the position or
positions taken regarding the matters at issue. In the notice, the
Commission shall also set a date for the filing of reply memoranda,
which may be filed only by participants that filed initial memoranda.
Subpart T of part 385 of the Commission's regulations shall apply to
all filings. A person that consents to the matter being handled
pursuant to the shortened procedure has waived any right to
subsequently request a hearing pursuant to Sec.  158.7 and may not
later request such a hearing.
* * * * *

PART 286--ADMINISTRATIVE PROCEDURES AND DISPOSITION OF CONTESTED
AUDIT FINDINGS AND PROPOSED REMEDIES

    7. The authority citation for part 286 continues to read as
follows:

    Authority: Administrative Procedure Act, 5 U.S.C. 551 et seq.,
Natural Gas Policy Act of 1978, Pub. L. 95-621, 92 Stat. 3350,
Department of Energy Organization Act, Pub. L. 95-91, E.O. 12009, 42
FR 46267.

    8. The heading of part 286 is revised to read as set forth above.
    9. Sections 286.103 through 286.109 and a new undesignated center
heading preceding them are added as follows:

Disposition of Contested Audit Findings and Proposed Remedies

Sec.  286.103  Notice to audited person.

    An audit conducted by the Commission or its staff under authority
of the Natural Gas Policy Act may result in a notice of deficiency or
audit report or similar document containing a finding or findings that
the audited person has not complied with a requirement of the
Commission with respect to, but not limited to, the following: A filed
tariff or tariffs, contracts, data, records, accounts, books,
communications or papers relevant to the audit of the audited person;
matters under the Standards of Conduct or the Code of Conduct; and the
activities or operations of the audited person. The notice of
deficiency, audit report or similar document may also contain one or
more proposed remedies that address findings of noncompliance. Where
such findings, with or without proposed remedies, appear in a notice of
deficiency, audit report or similar document, such document shall be
provided to the audited person, and the finding or findings, and any
proposed remedies, shall be noted and explained. The audited person
shall timely indicate in a written response any and all findings,
including any and all proposed remedies, with which the audited person
disagrees. Any initial order that the Commission subsequently may issue
with respect to the notice of deficiency, audit report or similar
document shall note, but not address on the merits, the finding or
findings and any proposed remedies with which the audited person
disagreed. The Commission shall provide the audited person a specified
number of days to respond with respect to the finding or findings and
any proposed remedies with which it disagreed.

Sec.  286.104  Response to notification.

    Upon issuance of a Commission order that notes a finding or
findings, with or without proposed remedies, with which the audited
person has disagreed, the audited person may: Acquiesce in the findings
and proposed remedies by not timely responding to the Commission order,
in which case the Commission may issue an order approving them or
taking other action; or challenge the finding or findings and any
proposed remedies with which it disagreed by timely notifying the
Commission in writing that it requests Commission review by means of a
shortened procedure, or, if there are material facts in dispute which
require cross-examination, a trial-type hearing.

Sec.  286.105  Shortened procedure.

    If the audited person subject to a Commission order described in
Sec.  286.103 notifies the Commission that it seeks to challenge one or
more audit findings, with or without proposed remedies, by the
shortened procedure, the Commission shall thereupon issue a notice
setting a schedule for the filing of memoranda. The person electing the
use of the shortened procedure, and any other interested entities,
including the Commission staff, shall file, by the date specified by
the Commission in the notice, an initial memorandum that addresses the
relevant facts and applicable law that support the position or
positions taken regarding the matters at issue. In the notice, the
Commission shall also set a date for the filing of reply memoranda,
which may be filed only by participants that filed initial memoranda.
Subpart T of part 385 of the Commission's regulations shall apply to
all filings. A person that consents to the matter being handled
pursuant to the shortened procedure has waived any right to
subsequently request a hearing pursuant to Sec.  286.109 and may not
later request such a hearing.

Sec.  286.106  Form and style.

    Each copy of such memorandum must be complete in itself. All
pertinent data should be set forth fully, and each memorandum should
set out the facts and argument as prescribed for briefs in Sec.
385.706 of this chapter.

Sec.  286.107  Verification.

    The facts stated in the memorandum must be sworn to by persons
having knowledge thereof, which latter fact must affirmatively appear
in the affidavit. Except under unusual circumstances, such persons
should be those who would appear as witnesses if hearing were had to
testify as to the facts stated in the memorandum.

Sec.  286.108  Determination.

    If no formal hearing is had the matter in issue will be determined
by the Commission on the basis of the facts and arguments submitted.

Sec.  286.109  Assignment for oral hearing.

    Except when there are no material facts in dispute, when a person
does not

consent to the shortened procedure, the Commission will assign the
proceeding for hearing as provided by subpart E of part 385 of this
chapter. Notwithstanding a person's not giving consent to the shortened
procedure, and instead seeking assignment for hearing as provided for
by subpart E of part 385 of this chapter, the Commission will not
assign the proceeding for a hearing when no material facts are in
dispute. The Commission may also, in its discretion, at any stage in
the proceeding, set the proceeding for hearing.
    10. Part 349 is added to Subchapter P to read as follows:

PART 349--DISPOSITION OF CONTESTED AUDIT FINDINGS AND PROPOSED
REMEDIES

Sec.
349.1 Notice to audited person.
349.2 Response to notification.
349.3 Shortened procedure.
349.4 Form and style.
349.5 Verification.
349.6 Determination.
349.7 Assignment for oral hearing.

    Authority: 42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C.
1-85.

Sec.  349.1  Notice to audited person.

    An audit conducted by the Commission or its staff under authority
of the Interstate Commerce Act may result in a notice of deficiency or
audit report or similar document containing a finding or findings that
the audited person has not complied with a requirement of the
Commission with respect to, but not limited to, the following: A filed
tariff or tariffs, contracts, data, records, accounts, books,
communications or papers relevant to the audit of the audited person;
matters under the Standards of Conduct or the Code of Conduct; and the
activities or operations of the audited person. The notice of
deficiency, audit report or similar document may also contain one or
more proposed remedies that address findings of noncompliance. Where
such findings, with or without proposed remedies, appear in a notice of
deficiency, audit report or similar document, such document shall be
provided to the audited person, and the finding or findings, and any
proposed remedies, shall be noted and explained. The audited person
shall timely indicate in a written response any and all findings,
including any and all proposed remedies, with which the audited person
disagrees. Any initial order that the Commission subsequently may issue
with respect to the notice of deficiency, audit report or similar
document shall note, but not address on the merits, the finding or
findings and any proposed remedies with which the audited person
disagreed. The Commission shall provide the audited person a specified
number of days to respond with respect to the finding or findings and
any proposed remedies with which it disagreed.

Sec.  349.2  Response to notification.

    Upon issuance of a Commission order that notes a finding or
findings, with or without proposed remedies, with which the audited
person has disagreed, the audited person may: Acquiesce in the findings
and proposed remedies by not timely responding to the Commission order,
in which case the Commission may issue an order approving them or
taking other action; or challenge the finding or findings and any
proposed remedies with which it disagreed by timely notifying the
Commission in writing that it requests Commission review by means of a
shortened procedure, or, if there are material facts in dispute which
require cross-examination, a trial-type hearing.

Sec.  349.3  Shortened procedure.

    If the audited person subject to a Commission order described in
Sec.  349.1 above notifies the Commission that it seeks to challenge
one or more audit findings, with or without proposed remedies, by the
shortened procedure, the Commission shall thereupon issue a notice
setting a schedule for the filing of memoranda. The person electing the
use of the shortened procedure, and any other interested entities,
including the Commission staff, shall file, by the date specified by
the Commission in the notice, an initial memorandum that addresses the
relevant facts and applicable law that support the position or
positions taken regarding the matters at issue. In the notice, the
Commission shall also set a date for the filing of reply memoranda,
which may be filed only by participants that filed initial memoranda.
Subpart T of Part 385 of the Commission's regulations shall apply to
all filings. A person that consents to the matter being handled
pursuant to the shortened procedure has waived any right to
subsequently request a hearing pursuant to Sec.  349.7 and may not
later request such a hearing.

Sec.  349.4  Form and style.

    Each copy of such memorandum must be complete in itself. All
pertinent data should be set forth fully, and each memorandum should
set out the facts and argument as prescribed for briefs in Sec.
385.706 of this chapter.

Sec.  349.5  Verification.

    The facts stated in the memorandum must be sworn to by persons
having knowledge thereof, which latter fact must affirmatively appear
in the affidavit. Except under unusual circumstances, such persons
should be those who would appear as witnesses if hearing were had to
testify as to the facts stated in the memorandum.

Sec.  349.6  Determination.

    If no formal hearing is had the matter in issue will be determined
by the Commission on the basis of the facts and arguments submitted.

Sec.  349.7  Assignment for oral hearing.

    Except when there are no material facts in dispute, when a person
does not consent to the shortened procedure, the Commission will assign
the proceeding for hearing as provided by subpart E of part 385 of this
chapter. Notwithstanding a person's not giving consent to the shortened
procedure, and instead seeking assignment for hearing as provided for
by subpart E of part 385 of this chapter, the Commission will not
assign the proceeding for a hearing when no material facts are in
dispute. The Commission may also, in its discretion, at any stage in
the proceeding, set the proceeding for hearing.

[FR Doc. 05-21422 Filed 10-31-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 75, Number 245 (Wednesday, December 22, 2010)]
[Notices]
[Pages 80568-80569]
[FR Doc No: 2010-32043]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2010-57]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
the FAA's regulatory activities. Neither publication of this notice nor
the inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATE: Comments on this petition must identify the petition docket
number involved and must be received on or before January 11, 2011.

ADDRESSES: You may send comments identified by Docket Number FAA-2010-
1050 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to

http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mark Forseth, ANM-113,<PHONE_NUMBER>,
Federal Aviation Administration, 1601 Lind Avenue SW., Renton, WA
98057-3356, or Frances Shaver,<PHONE_NUMBER>, Office of Rulemaking
(ARM-207), Federal Aviation Administration, 800 Independence Avenue,
SW., Washington, DC 20591. This notice is published pursuant to 14 CFR
11.85.

    Issued in Washington, DC, on December 16, 2010.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2010-1050.
    Petitioner: Voyageur Airways Ltd.
    Section of 14 CFR Affected: Sec.  25.981(a)(3), Amendment 25-125.
    Description of Relief Sought: The petitioner requests an exemption
from fuel-tank ignition-source prevention requirements that apply to
installation of an auxiliary fuel system on De Havilland Model DHC-8-
100, -200, and -300 airplanes.

[FR Doc. 2010-32043 Filed 12-21-10; 8:45 am]
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