UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on November 16, 2007

                     NOTICE OF ACTION TAKEN -- DOCKET OST-2005-20255

________________________________________________________________________
_____________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of CHAUTAUQUA AIRLINES, INC. (CHAUTAUQUA) filed 1/25/07 for:

XX Renewal of exemption for two years under 49 U.S.C. 40109 to provide
the following service:

Scheduled foreign air transportation of persons, property, and mail
between any point or points in the United States and any point or points
in Canada and to integrate this authority with its existing certificate
and exemption authority.

Applicant rep: Robert E. Cohn<PHONE_NUMBER>    DOT Analyst: Thuy H.
Cooper<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken: November 16, 2007, through
November 16, 2009.

Action taken by: Paul L. Gretch, Director

		    Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and Canada.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  XX Holder’s
certificates of public convenience and necessity

	    XX Standard exemption conditions (attached)

________________________________________________________________________
____________

Conditions:  The route integration authority granted Chautauqua is
subject to the condition that any service provided under this exemption
shall be consistent with all applicable agreements between the United
States and the foreign countries involved.  Furthermore, (a) nothing in
the award of the route integration authority requested should be
construed as conferring upon Chautauqua rights (including fifth-freedom
intermediate and/or beyond rights) to serve markets where U.S. carrier
entry is limited unless Chautauqua notifies the Department of its intent
to serve such a market and unless and until the Department has completed
any necessary carrier selection procedures to determine which carrier(s)
should be authorized to exercise such rights; and (b) should there be a
request by any carrier to use the limited-entry route rights that are
included in Chautauqua’s authority by virtue of the route integration
exemption granted here, but that are not then being used by Chautauqua,
the holding of such authority by route integration will not be
considered as providing any preference for Chautauqua in a competitive
carrier selection proceeding to determine which carrier(s) should be
entitled to use the authority at issue.

The code-share operations conducted under this authorization are subject
to the following conditions:

(a) the code-sharing operations conducted under this authority must
comply with 14 CFR 257 and with any amendment to the Department’s
regulations concerning code-share arrangements that may be adopted.
Notwithstanding any provisions in the contract between the carriers, our
approval here is expressly conditioned upon the requirements that the
subject foreign air transportation be sold in the name of the carrier
holding out such service in computer reservation systems and elsewhere;
that the carrier selling such transportation (i.e., the carrier shown on
the ticket) accept responsibility for the entirety of the code-share
journey for all obligations established in its contract of carriage with
the passenger; and that the passenger liability of the operating carrier
be unaffected; and

(b) the authority granted here is specifically conditioned so that
neither Chautauqua nor its code-share partner(s) shall give any force or
effect to any contractual provisions between themselves that are
contrary to these conditions.

Remarks: The authority for which Chautauqua requested renewal expired
April 1, 2007, but has been kept in force pursuant to the provisions of
the Administrative Procedure Act, 5 U.S.C. 558(c), as implemented by 14
CFR Part 377, pending action on its timely-filed renewal application.

________________________________________________________________________
_____________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that

(1) our action was consistent with Department policy; (2) grant of the
exemption authority was consistent with the public interest; and (3)
grant of the authority would not constitute a major regulatory action
under the Energy Policy and Conservation Act of 1975.  To the extent not
granted, we denied all requests in the referenced Docket.  We may amend,
modify, or revoke the authority granted in this Notice at any time
without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://www.regulations.gov"  http://www.regulations.gov

APPENDIX

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration, the Transportation Security Administration, and with all
applicable U.S. Government requirements concerning security, including,
but not limited to, 49 CFR Part 1544.  To assure compliance with all
applicable U.S. Government requirements concerning security, the holder
shall, before commencing any new service (including charter flights) to
or from a foreign airport, contact its International Principal Security
Inspector (IPSI) to advise the IPSI of its plans and to find out whether
the Transportation Security Administration has determined that security
is adequate to allow such airport(s) to be served;

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

			11/2006

 Chautauqua operates its regional jet service on a code-share basis
under agreements with major U.S. air carriers.

 PAGE

 PAGE   2


[Federal Register Volume 83, Number 222 (Friday, November 16, 2018)]
[Notices]
[Pages 57724-57725]
[FR Doc No: 2018-25074]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Number: PR19-13-000.
    Applicants: Cypress Gas Pipeline, LLC.
    Description: Tariff filing per 284.123(b),(e)+(g): 20180327
Petition for Rate Approval and Revised SOC to be effective 11/8/2018.
    Filed Date: 11/8/18.
    Accession Number:<PHONE_NUMBER>01.
    Comments Due: 5 p.m. ET 11/29/18.
    284.123(g) Protests Due: 5 p.m. ET 1/7/19.

    Docket Numbers: RP19-265-000.
    Applicants: Garden Banks Gas Pipeline, LLC.
    Description: eTariff filing per 1430: Garden Banks FERC Form 501-G.
    Filed Date: 11/8/18.
    Accession Number: 20181108-5048.
    Comments Due: 5 p.m. ET 11/20/18.

    Docket Numbers: RP19-266-000.
    Applicants: Southeast Supply Header, LLC.
    Description: eTariff filing per 1430: SESH FERC Form 501-G.
    Filed Date: 11/8/18.
    Accession Number: 20181108-5049.
    Comments Due: 5 p.m. ET 11/20/18.

    Docket Numbers: RP19-267-000.
    Applicants: Southeast Supply Header, LLC.
    Description: eTariff filing per 1440: SESH Limited Section 4 to be
effective 1/1/2019.
    Filed Date: 11/8/18.
    Accession Number: 20181108-5056.
    Comments Due: 5 p.m. ET 11/20/18.

    Docket Numbers: RP19-268-000.
    Applicants: Elba Express Company, L.L.C.
    Description: eTariff filing per 1430: FERC Form No. 501-G Report.
    Filed Date: 11/8/18.
    Accession Number: 20181108-5059.
    Comments Due: 5 p.m. ET 11/20/18.

    Docket Numbers: RP19-269-000.
    Applicants: Southern LNG Company, L.L.C.
    Description: eTariff filing per 1430: FERC Form No. 501-G Report.
    Filed Date: 11/8/18.
    Accession Number: 20181108-5060.
    Comments Due: 5 p.m. ET 11/20/18.

    Docket Numbers: RP19-270-000.
    Applicants: Dominion Energy Carolina Gas Transmission.
    Description: eTariff filing per 1430: DECG--FERC Form No. 501-G
Report.
    Filed Date: 11/8/18.
    Accession Number: 20181108-5061.
    Comments Due: 5 p.m. ET 11/20/18.

    Docket Numbers: RP19-271-000.
    Applicants: Big Sandy Pipeline, LLC.
    Description: eTariff filing per 1430: BSP FERC Form 501-G.
    Filed Date: 11/8/18.

    Accession Number: 20181108-5084.
    Comments Due: 5 p.m. ET 11/20/18.

    Docket Numbers: RP19-272-000.
    Applicants: KPC Pipeline, LLC.
    Description: eTariff filing per 1430: FERC Form No. 501-G Filing.
    Filed Date: 11/8/18.
    Accession Number: 20181108-5101.
    Comments Due: 5 p.m. ET 11/20/18.

    Docket Numbers: RP19-273-000.
    Applicants: MarkWest New Mexico, L.L.C.
    Description: eTariff filing per 1430: FERC Form No. 501-G Filing.
    Filed Date: 11/8/18.
    Accession Number: 20181108-5106.
    Comments Due: 5 p.m. ET 11/20/18.

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

    Dated: November 9, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-25074 Filed 11-15-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Rules and Regulations]
[Pages 60300-60302]
[FR Doc No: 2017-27169]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0251; Product Identifier 2016-NM-101-AD; Amendment
39-19133; AD 2017-26-02]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 757-200 series airplanes. This AD was prompted
by a report indicating that the main cargo door (MCD) forward-most cam
latch on the forward center cam latch pair broke during flight. This AD
requires repetitive inspections for discrepancies of cam latches, latch
pins, and latch pin cross bolts of the MCD; replacement of all alloy
steel latch pin cross bolts with corrosion-resistant steel (CRES) latch
pin cross bolts of the MCD; and related investigative and corrective
actions if necessary. We are issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective January 24, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 24,
2018.

ADDRESSES: For service information identified in this final rule,
contact VT Mobile Aerospace Engineering Inc., 2100 9th Street, Brookley
Aeroplex, Mobile, AL 36615; telephone:<PHONE_NUMBER>; email:
[email protected]; internet: http://www.vtmae.com. You may view this
service information at the FAA, Transport Standards Branch, 1601 Lind
Avenue SW, Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2017-0251.

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-2017-
0251; 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 final rule, the regulatory evaluation, any comments
received, and other information. The address for the Docket Office
(phone:<PHONE_NUMBER>) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Samuel Belete, Aerospace Engineer,
Systems and Equipment Section, FAA, Atlanta ACO Branch, 1701 Columbia
Avenue, College Park, GA 30337; telephone:<PHONE_NUMBER>; fax: 404-474-
5605; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain The Boeing Company
Model 757-200 series airplanes. The NPRM published in the Federal
Register on June 8, 2017 (82 FR 26617). The NPRM was prompted by a
report indicating that the MCD forward-most cam latch on the forward
center cam

latch pair broke during flight. The NPRM proposed to require repetitive
inspections for discrepancies of cam latches, latch pins, and latch pin
cross bolts of the MCD; replacement of all alloy steel latch pin cross
bolts with CRES latch pin cross bolts of the MCD; and related
investigative and corrective actions if necessary.
    We are issuing this AD to detect and correct discrepancies of the
MCD cam latches, latch pins, and latch pin cross bolts, which, if left
undetected, could reduce the structural integrity of the MCD and result
in potential loss of the cargo door and rapid decompression of the
airplane.

Comments

    We gave the public the opportunity to participate in developing
this final rule. We have considered the comments received. Air Line
Pilots Association, International, FedEx Express, and VT Mobile
Aerospace Engineering Inc. supported the NPRM.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule as proposed, except for minor editorial changes. We
have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed VT Mobile Aerospace Engineering Inc. Service Bulletin
MAE757SF-SB-52-12/02, Revision 3, dated July 22, 2016. This service
information describes procedures for doing inspections for
discrepancies of cam latches, latch pins, and latch pin cross bolts of
the MCD; replacement of all alloy steel latch pin cross bolts with CRES
latch pin cross bolts of the MCD; and related investigative and
corrective actions. 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.

Costs of Compliance

    We estimate that this AD affects 119 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost     Cost per  product        operators
----------------------------------------------------------------------------------------------------------------
Inspections                        20 work-hours x $85              $0  $1,700 per           $202,300 per
                                    per hour = $1,700                    inspection cycle     inspection cycle.
                                    per inspection
                                    cycle
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacement of
latch pin cross bolts and related investigative and corrective actions
that would be required based on the results of the inspection. We have
no way of determining the number of aircraft that might need these
actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                         Labor cost                Parts cost           Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement and Related              Up to 144 work-hours x $85   Up to $3,000            Up to $15,240.
 investigative and corrective         per hour = $12,240
 actions
----------------------------------------------------------------------------------------------------------------

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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (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.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2017-26-02 The Boeing Company: Amendment 39-19133; Docket No. FAA-
2017-0251; Product Identifier 2016-NM-101-AD.

 (a) Effective Date

    This AD is effective January 24, 2018.

 (b) Affected ADs

    None.

 (c) Applicability

    This AD applies to The Boeing Company Model 757-200 series
airplanes, certificated in any category, that have been converted
from passenger to freighter configuration as specified in any of the
VT Mobile Aerospace Engineering Inc. supplemental type certificates
(STCs) identified in paragraphs (c)(1), (c)(2), and (c)(3) of this
AD.
    (1) STC ST03562AT (14 pallet) (http://rgl.faa.gov/
Regulatory_and_Guidance_Library/rgstc.nsf/0/
7239683609eb1b4086257ff1004d0f2b/$FILE/ST03562AT.pdf).
    (2) STC ST04242AT (15 pallet) (http://rgl.faa.gov/
Regulatory_and_Guidance_Library/rgstc.nsf/0/
edd46d607cedd3a286257ff1004d8d82/$FILE/ST03952AT.pdf.)
    (3) STC ST03952AT (combi--airplanes that can carry passenger,
freight, or both in the cabin) (http://rgl.faa.gov/
Regulatory_and_Guidance_Library/rgstc.nsf/0/
edd46d607cedd3a286257ff1004d8d82/$FILE/ST03952AT.pdf).

 (d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

 (e) Unsafe Condition

    This AD was prompted by a report indicating that the main cargo
door (MCD) forward-most cam latch on the forward center cam latch
pair broke during flight. We are issuing this AD to detect and
correct discrepancies of the MCD cam latches, latch pins, and latch
pin cross bolts, which, if left undetected, could reduce the
structural integrity of the MCD and result in potential loss of the
MCD and rapid decompression of the airplane.

 (f) Compliance

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

 (g) Repetitive Inspections, Replacement, and Related Investigative and
Corrective Actions

    At the applicable time specified in paragraph I.D.,
``Compliance,'' of VT Mobile Aerospace Engineering Inc. Service
Bulletin MAE757SF-SB-52-12/02, Revision 3, dated July 22, 2016 (``SB
MAE757SF-SB-52-12/02, R3''), except as required by paragraph (h)(1)
of this AD; or within 30 days after the effective date of this AD,
whichever occurs later: Do the actions specified in paragraphs
(g)(1) through (g)(4) of this AD, and do all applicable related
investigative and corrective actions, in accordance with the
Accomplishment Instructions of SB MAE757SF-SB-52-12/02, R3, except
as specified in paragraph (h)(2) of this AD. Do all applicable
related investigative and corrective actions before further flight.
Repeat the inspections specified in paragraphs (g)(1), (g)(2), and
(g)(4) of this AD thereafter at the applicable intervals specified
in paragraph I.D., ``Compliance,'' of SB MAE757SF-SB-52-12/02, R3.
    (1) Do a general visual inspection for any broken or missing cam
latches, latch pins, and latch pin cross bolts of the MCD.
    (2) Do a detailed inspection for any cracks or gouges in
critical areas of the cam latches and latch pins of the MCD and for
any cam latches with lip deformation.
    (3) Replace all previously unreplaced alloy steel latch pin
cross bolts with corrosion resistant steel (CRES) latch pin cross
bolts of the MCD.
    (4) Do a high frequency eddy current (HFEC) or magnetic particle
inspection for any cracks in the critical areas of cam latch 1 and
cam latch 2 of the MCD.

 (h) Exceptions to Service Information

    (1) Where the ``Condition'' column of table 1 of paragraph I.D.,
``Compliance,'' of SB MAE757SF-SB-52-12/02, R3, refers to airplanes
meeting certain conditions identified in ``Condition 1,'' for this
AD, ``Condition 1'' applies to all airplanes.
    (2) Where the Accomplishment Instructions of SB MAE757SF-SB-52-
12/02, R3, specify doing actions only for airplanes that have
completed a certain rig and check of the MCD, this AD requires doing
those actions on all airplanes.

 (i) Credit for Previous Actions

    This paragraph provides credit for the actions specified in
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using VT Mobile Aerospace Engineering Inc.
Service Bulletin MAE757SF-SB-52-12/02, Revision 2, dated February
18, 2016.

 (j) Special Flight Permit

    A special flight permit may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane, for a single
unpressurized flight, to a location where the requirements of this
AD can be accomplished.

 (k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the ACO, send it to the attention of the person
identified in paragraph (l) of this AD.
    (2) 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.

 (l) Related Information

    For more information about this AD, contact Samuel Belete,
Aerospace Engineer, Systems and Equipment Section, Atlanta ACO
Branch, 1701 Columbia Avenue, College Park, GA 30337; telephone 404-
474-5580; fax<PHONE_NUMBER>; email: [email protected].

 (m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) VT Mobile Aerospace Engineering Inc. Service Bulletin
MAE757SF-SB-52-12/02, Revision 3, dated July 22, 2016. The date
appears only on pages 1 and 3 of this document.
    (ii) Reserved.
    (3) For service information identified in this AD, contact VT
Mobile Aerospace Engineering Inc., 2100 9th Street, Brookley
Aeroplex, Mobile, AL 36615; telephone:<PHONE_NUMBER>; email:
[email protected]; internet: http://www.vtmae.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 1601 Lind Avenue SW, Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on December 8, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-27169 Filed 12-19-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 239 (Friday, December 12, 2014)]
[Proposed Rules]
[Pages 73854-73856]
[FR Doc No: 2014-29184]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2014-0871; Airspace Docket No. 14-AWP-8]

Proposed Establishment of Class E Airspace; Coaldale, NV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E airspace at the
Coaldale VHF Omni-Directional Radio Range Tactical Air Navigation Aid
(VORTAC), Coaldale, NV, to facilitate vectoring of Instrument Flight
Rules (IFR) aircraft under control of Oakland Air Route Traffic Control
Center (ARTCC). The FAA is proposing this action to enhance the safety
and management of aircraft operations within the National Airspace
System.

DATES: Comments must be received on or before January 26, 2015.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2014-
0871; Airspace Docket No. 14-AWP-8, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Steve Haga, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA 2014-0871 and Airspace Docket No. 14-AWP-8) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2014-0871 and Airspace Docket No. 14-AWP-8''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by establishing Class E en route domestic
airspace extending upward from 1,200 feet above the surface at the
Coaldale VORTAC navigation aid, Coaldale, NV. This action would contain
aircraft while in IFR conditions under control of Oakland ARTCCs by
vectoring aircraft from en route airspace to terminal areas.
    Class E airspace designations are published in paragraph 6006, of
FAA Order 7400.9Y, dated August 6, 2014, and effective September 15,
2014, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in this Order.
    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation; (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 so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority for 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 the
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 would establish controlled airspace at the Coaldale VORTAC,
Coaldale, NV.
    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 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 14 CFR part 71 continues to read as
follows:

     Authority:  49 U.S.C. 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 the Federal
Aviation Administration Order 7400.9Y, Airspace Designations and
Reporting Points, dated August 6, 2014, and effective September 15,
2014 is amended as follows:

Paragraph 6006 En Route Domestic Airspace Areas.

* * * * *

AWP NV E6 Coaldale, NV [New]

Coaldale VORTAC, NV
(Lat. 38[deg]00'12'' N., long. 117[deg]46'14'' W.)

    That airspace extending upward from 1,200 feet above the surface
within an area bounded by a line beginning at lat. 39[deg]39'28''
N., long. 117[deg]59'55'' W.; to lat. 37[deg]55'11'' N., long.
117[deg]53'37'' W.; to lat. 38[deg]13'30'' N., long. 117[deg]16'30''
W.; to lat. 38[deg]05'00'' N., long. 117[deg]16'00'' W.; to lat.
37[deg]53'00'' N., long. 117[deg]05'41'' W.; to lat. 37[deg]33'00''
N., long. 117[deg]05'41'' W.; to lat. 37[deg]26'30'' N., long.
117[deg]04'33'' W.; to lat. 37[deg]22'00'' N., long. 117[deg]00'30''
W.; to lat. 37[deg]12'00'' N., long. 117[deg]20'00'' W.; to lat.
37[deg]12'02'' N., long. 117[deg]53'49'' W.; to lat. 37[deg]12'00''
N., long. 118[deg]35'00'' W.; to lat. 36[deg]08'00'' N., long.
118[deg]35'00'' W.; to lat. 36[deg]08'00'' N., long. 118[deg]52'00''
W.; to lat. 37[deg]47'57'' N., long. 120[deg]22'00'' W.; to lat.
38[deg]53'30'' N., long. 119[deg]49'00'' W.; thence to the point of
beginning.

    Issued in Seattle, Washington, on December 2, 2014.
Clark Desing,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2014-29184 Filed 12-11-14; 8:45 am]
BILLING CODE 4910-13-P


80329 Federal Register / Vol. 67, No. 251 / Tuesday, December 31, 2002 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 58 [ AD   FRL   7388   3]

RIN 2060   AK05 National Ambient Air Quality Standard: Particulate Matter AGENCY: Environmental Protection Agency ( EPA). ACTION: Proposed rule.

SUMMARY: EPA is taking direct final action to revise the national ambient air quality standards for particulate matter. This requirement describes the number of collocated sites required within a reporting organization. In the `` Rules and Regulations'' section of today's Federal Register, we are approving revisions to `` Quality Assurance Requirements for State and Local Air Monitoring Stations'' ( SLAMS) as a direct final rule without prior proposal because we view this as a noncontroversial revision and anticipate no adverse comment. We have explained our reasons for this approval in the preamble to the direct final rule. If we receive adverse comment, we will withdraw the direct final rule and it will not take effect. We will address all public comments in a subsequent final rule based on this proposed rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time.

DATES: Comments must be submitted on or before March 3, 2003.

ADDRESSES: Written comments should be submitted ( in duplicate if possible) to: Air and Radiation Docket and Information Center ( 6102), Attention: Docket No. A96   51, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. In person or by courier, deliver comments ( in duplicate if possible) to: Air and Radiation Docket and Information Center ( 6102), Attention Docket A96   51, U. S. EPA, 401 M Street, SW., Washington, DC 20460. We request that you send a separate copy of your comments to Mr. Michael Papp, Monitoring and Quality Assurance Group ( C339   02), Emissions, Monitoring, and Analysis Division, U. S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711.

FOR FURTHER INFORMATION CONTACT: For information concerning the proposed rule, contact Mr. Michael Papp, Monitoring and Quality Assurance Group ( C339   02), Emissions, Monitoring, and Analysis Division, U. S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711, telephone number ( 919) 541   2408.

SUPPLEMENTARY INFORMATION: This document concerns revising the national ambient air quality standards for particulate matter, 40 CFR part 58, appendix A, section 3.5.2. For further information, please see the information provided in the direct final action that is located in the `` Rules and Regulations'' section of this Federal Register publication.

Dated: December 18, 2002. Christine Todd Whitman, Administrator. [ FR Doc. 02   32385 Filed 12   30   02; 8: 45 am]

BILLING CODE 6560   50   P VerDate Dec< 13> 2002 09: 51 Dec 30, 2002 Jkt 200001 PO 00000 Frm 00001 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 31DEP4. SGM 31DEP4


[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Notices]
[Pages 6294-6295]
[FR Doc No: 2023-01892]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4663-DR; Docket ID FEMA-2022-0001]

Kentucky; Amendment No. 12 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Kentucky (FEMA-4663-DR), dated July 29, 2022,
and related determinations.

DATES: This change occurred on December 22, 2022.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Myra M. Shird,
of FEMA is appointed to act as the Federal Coordinating Officer for
this disaster.
    This action terminates the appointment of Brett H. Howard as
Federal Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-01892 Filed 1-30-23; 8:45 am]
BILLING CODE 9111-23-P


July 14, 2010

MEMORANDUM

TO: 			Air Docket EPA-HQ-OAR-2010-0133

SUBJECT:	Canola-Based Biodiesel Lifecycle Greenhouse Gas Emissions

This memorandum accompanies information related to the Environmental
Protection Agency’s (EPA) analysis of lifecycle greenhouse gas (GHG)
emissions for canola oil biodiesel.  As explained in the Notice of Data
Availability (NODA), our analysis utilizes several data sources and
models.  To facilitate public review, below is a brief description of
the informational materials which accompany this memorandum under the
same docket number.

1.  Lifecycle Analysis Inputs and Assumptions

This document lists EPA’s key modeling inputs and assumptions,
including citations for supporting data.

2.  Canola-Based Biodiesel Lifecycle Analysis Results

This spreadsheet integrates results from all stages of the fuel
lifecycle to calculate canola-based biodiesel lifecycle GHG emissions.
The lifecycle GHG reductions are calculated as percent emissions
reductions compared to a 2005 petroleum baseline, in this case diesel
fuel.

3.  Lifecycle Analysis Impact Calculations

This spreadsheet calculates GHG emissions per unit of canola-based
biodiesel.  The spreadsheet integrates results from of each stage of the
renewable fuel lifecycle (e.g., feedstock production, domestic and
international agricultural emissions, fuel transport and distribution).
The only piece of the lifecycle analysis not calculated in this
spreadsheet is the emissions from international land use change.  The
results from the impact calculation spreadsheet are used in the results
spreadsheet, which compares the lifecycle GHG emissions of canola-based
biodiesel with the 2005 petroleum baseline.

4.  Domestic Agricultural Projections from the Forest and Agricultural
Sector Optimization Model (FASOM)

This spreadsheet includes raw results from the FASOM model.  FASOM
results are used to estimate lifecycle greenhouse gas (GHG) emissions
produced by the domestic agricultural sector.

5.  GHG Factors from the Forest and Agricultural Sector Optimization
Model (FASOM)

This spreadsheet includes results from the FASOM model converted into
the format needed to calculate domestic agricultural sector and land use
change GHG calculations.  These results are input into the impact
calculation spreadsheet to convert the results to GHG emissions
estimates associated with canola biodiesel.

6.  International Agricultural Projections from the Food and
Agricultural Policy Research Institute Center for Agricultural and Rural
Development (FAPRI-CARD) Model

This spreadsheet includes raw results from the FAPRI-CARD model for a
canola oil biodiesel scenario.  FAPRI-CARD results are used to estimate
lifecycle greenhouse gas (GHG) emissions produced by the international
agricultural sector.

7.  Calculation of Canola Biodiesel International Agricultural Impacts
from the Food and Agricultural Policy Research Institute Center for
Agricultural and Rural Development (FAPRI-CARD) Model

This spreadsheet includes EPA’s calculations to convert the raw
FAPRI-CARD model results data into differences between scenarios to
determine biofuel-induced GHG emissions impacts in the international
agricultural sector associated with canola oil biodiesel production.

8. Stochastic International Land Use Change Model Results

This Excel-based model is used to perform EPA’s stochastic analysis of
international land use change GHG emissions impacts induced by
canola-based biodiesel.  The results from this model are input into the
results spreadsheet to calculate a 95% confidence range for lifecycle
GHG emissions.

9.  Foreign Agricultural Chemical Impact Calculations

This spreadsheet includes data about agricultural fertilizer inputs in
foreign countries.  It is used to project lifecycle greenhouse gas (GHG)
emissions produced by additional crop production in foreign countries.
Specifically emissions associated with:

Fertilizer, pesticide and herbicide use per hectare of foreign crop
production;

Nitrous oxide emissions per metric ton of foreign fertilizer
application;

Upstream emissions from fertilizer production are calculated separately
in the impact calculation spreadsheet.

10.  Foreign Agricultural Energy Use Calculations

This spreadsheet includes data about agricultural energy use in foreign
countries.  It is used to project lifecycle greenhouse gas (GHG)
emissions produced by additional crop production in foreign countries.
Specifically emissions associated with:

Energy use per hectare of foreign crop production

11.  Foreign Agricultural Rice Methane Calculations

This spreadsheet includes data about rice methane emissions in foreign
countries.  It is used to project lifecycle greenhouse gas (GHG)
emissions produced by additional crop production in foreign countries.
Specifically emissions associated with:

Methane emissions per hectare of foreign rice production

  PAGE   \* MERGEFORMAT  2


[Federal Register Volume 84, Number 152 (Wednesday, August 7, 2019)]
[Notices]
[Pages 38617-38618]
[FR Doc No: 2019-16846]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD19-10-000]

Wallowa Resources Community Solutions, Inc.; Notice of
Preliminary Determination of a Qualifying Conduit Hydropower Facility
and Soliciting Comments and Motions To Intervene

    On July 25, 2019, Wallowa Resources Community Solutions, Inc.,
filed a notice of intent to construct a qualifying conduit hydropower
facility, pursuant to section 30 of the Federal Power Act (FPA). The
proposed Cook Springs Hydro Station Project would have an installed
capacity of 49 kilowatts (kW), and would be located at the end of a
newly constructed 8-inch pipeline on private ranchland near the town of
Lostine, Wallowa County, Oregon.
    Applicant Contact: Kyle Petrocine, Wallowa Resources Community
Solutions, Inc., 401 NE 1st St., Enterprise, OR 97828, Phone No. (541)
398-0018, Email<EMAIL_ADDRESS>    FERC Contact: Christopher Chaney, Phone No.<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    Qualifying Conduit Hydropower Facility Description: The proposed
project would consist of: (1) A 13-foot by 14-foot powerhouse
containing one 49-kW Pelton turbine-generator unit; (2) a 12-inch
pipeline discharging water to an irrigation ditch; and (3) appurtenant
facilities. The proposed project would have an estimated annual
generation of 400 megawatt-hours.
    A qualifying conduit hydropower facility is one that is determined
or deemed to meet all of the criteria shown in the table below.

      Table 1--Criteria for Qualifying Conduit Hydropower Facility
------------------------------------------------------------------------
      Statutory provision              Description       Satisfies (Y/N)
------------------------------------------------------------------------
FPA 30(a)(3)(A)................  The conduit the                      Y
                                  facility uses is a
                                  tunnel, canal,
                                  pipeline, aqueduct,
                                  flume, ditch, or
                                  similar manmade water
                                  conveyance that is
                                  operated for the
                                  distribution of water
                                  for agricultural,
                                  municipal, or
                                  industrial
                                  consumption and not
                                  primarily for the
                                  generation of
                                  electricity.
FPA 30(a)(3)(C)(i).............  The facility is                      Y
                                  constructed,
                                  operated, or
                                  maintained for the
                                  generation of
                                  electric power and
                                  uses for such
                                  generation only the
                                  hydroelectric
                                  potential of a non-
                                  federally owned
                                  conduit.
FPA 30(a)(3)(C)(ii)............  The facility has an                  Y
                                  installed capacity
                                  that does not exceed
                                  40 megawatts.
FPA 30(a)(3)(C)(iii)...........  On or before August 9,               Y
                                  2013, the facility is
                                  not licensed, or
                                  exempted from the
                                  licensing
                                  requirements of Part
                                  I of the FPA.
------------------------------------------------------------------------

    Preliminary Determination: The proposed Cook Springs Hydro Station
Project will not interfere with the primary purpose of the conduit,
which is to transport water for irrigation. Therefore, based upon the
above criteria, Commission staff preliminarily determines that the
proposal satisfies the requirements for a qualifying conduit hydropower
facility, which is not required to be licensed or exempted from
licensing.
    Comments and Motions to Intervene: Deadline for filing comments
contesting whether the facility meets the qualifying criteria is 30
days from the issuance date of this notice.
    Deadline for filing motions to intervene is 30 days from the
issuance date of this notice.
    Anyone may submit comments or a motion to intervene in accordance
with the requirements of Rules of Practice and Procedure, 18 CFR
385.210 and 385.214. Any motions to intervene must be received on or
before the specified deadline date for the particular proceeding.
    Filing and Service of Responsive Documents: All filings must (1)
bear in all capital letters the COMMENTS CONTESTING QUALIFICATION FOR A
CONDUIT HYDROPOWER FACILITY or MOTION TO INTERVENE, as applicable; (2)
state in the heading the name of the applicant and the project number
of the application to which the filing responds; (3) state the name,
address, and telephone number of the person filing; and (4) otherwise
comply with the requirements of sections 385.2001 through 385.2005 of
the Commission's regulations.\1\ All comments contesting Commission
staff's preliminary determination that the facility meets the
qualifying criteria must set forth their evidentiary basis.
---------------------------------------------------------------------------

    \1\ 18 CFR 385.2001-2005 (2018).
---------------------------------------------------------------------------

    The Commission strongly encourages electronic filing. Please file
motions to intervene and comments using the Commission's eFiling system
at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE, Washington, DC 20426.

A copy of all other filings in reference to this application must be
accompanied by proof of service on all persons listed in the service
list prepared by the Commission in this proceeding, in accordance with
18 CFR 4.34(b) and 385.2010.
    Locations of Notice of Intent: Copies of the notice of intent can
be obtained directly from the applicant or such copies can be viewed
and reproduced at the Commission in its Public Reference Room, Room 2A,
888 First Street NE, Washington, DC 20426. The filing may also be
viewed on the web at http://www.ferc.gov/docs-filing/elibrary.asp using
the eLibrary link. Enter the docket number (i.e., CD19-10) in the
docket number field to access the document. For assistance, call toll-
free 1-866-208-3676 or email<EMAIL_ADDRESS>For TTY, call
(202) 502-8659.

    Dated: August 1, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-16846 Filed 8-6-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Notices]
[Pages 29808-29809]
[FR Doc No: 2011-12620]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64512; File No. SR-FINRA-2011-017]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Order Granting Accelerated Approval of a Proposed Rule
Change To Amend FINRA Rule 5131 (New Issue Allocations and
Distributions)

May 18, 2011.

I. Introduction

    On April 26, 2011, the Financial Industry Regulatory Authority,
Inc. (``FINRA'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend FINRA Rule 5131 (New Issue Allocations
and Distributions) to simplify the spinning provision in that Rule and
to delay the implementation date of paragraphs (b) and (d)(4) under
that Rule. This proposal was published for comment in the Federal
Register on April 29, 2011.\3\ The Commission received no comments
regarding the proposal.\4\ This order approves this proposed rule
change on an accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 64341 (Apr. 26, 2011),
76 FR 24076 (Apr. 29, 2011) (SR-FINRA-2011-017).
    \4\ The Commission received one comment whose caption indicated
that it was filed in response to this proposal, but whose substance
was directed to another proposal by the Commission. See comment
letter submitted by Nancy DeTine, dated April 29, 2011.
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    On November 29, 2010, FINRA issued Regulatory Notice 10-60
announcing Commission approval of SR-NASD-2003-140 \5\ and designating
the effective date of new Rule 5131 (the ``Rule'') as May 27, 2011.\6\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 63010 (September 29,
2010), 75 FR 61541 (October 5, 2010) (Order Approving File No. SR-
NASD-2003-140).
    \6\ See Regulatory Notice 10-60 (November 2010) (Approval of New
Issue Rule).
---------------------------------------------------------------------------

    Paragraph (b) of the Rule (Spinning), implements a recommendation
from the IPO Advisory Committee Report \7\ to prohibit spinning--i.e.,
an underwriter's allocation of IPO shares to directors or executives of
investment banking clients in exchange for receipt of investment
banking business. The primary means by which the Rule prohibits
spinning is through a series of prophylactic prohibitions on the
allocation of new issues. Specifically, the Rule prohibits allocations
of a new issue to any account in which an executive officer or director
of a public company or a covered non-public company, or a person
materially supported by such executive officer or director, has a
beneficial interest: (A) If the company is currently an investment
banking services client of the member or the member has received
compensation from the company for investment banking services in the
past 12 months; (B) if the person responsible for making the allocation
decision knows or has reason to know that the member intends to
provide, or expects to be retained by the company for, investment
banking services within the next 3 months; or (C) on the express or
implied condition that such executive officer or director, on behalf of
the company, will retain the member for the performance of future
investment banking services.
---------------------------------------------------------------------------

    \7\ NYSE/NASD IPO Advisory Committee Report and Recommendations
(May 2003). http://ww.finra.org/web/groups/industry/@ip/<EMAIL_ADDRESS>---------------------------------------------------------------------------

    Paragraph (b)(1) requires that members establish, maintain, and
enforce policies and procedures reasonably designed to ensure that
investment banking personnel have no involvement or influence, directly
or indirectly, in the new issue allocation decisions of the member.
Because the term ``investment banking personnel'' is not defined in the
Rule, members have raised concern that, if the term is read co-
extensively with the definition of ``investment banking services,''
certain necessary functions traditionally performed by syndicate
personnel would be prohibited. In light of this unintended consequence,
FINRA proposes to delete paragraph (b)(1). FINRA believes that benefits
of the anti-spinning provisions can be attained without this particular
provision

inasmuch as firms currently are required to have written policies and
procedures with respect to the spinning prohibitions in paragraph
(b)(2) pursuant to NASD Rule 3010.
    In addition, upon further discussions with member firms regarding
the steps necessary to prepare for compliance with the spinning
provisions,\8\ FINRA proposes to delay the implementation date of
paragraph (b), as amended, until September 26, 2011.
---------------------------------------------------------------------------

    \8\ For example, members have requested additional time to: (1)
Create additional forms, account documents and other measures of
obtaining information from clients necessary to assess eligibility
for new issue allocations under the new Rule; (2) build systems and
surveillance infrastructure to ensure appropriate blocks of
allocations; and (3) develop appropriate compliance policies and
procedures and training materials on the new policies and
procedures.
---------------------------------------------------------------------------

    Paragraph (d)(4) of the Rule (Market Orders) prohibits members from
accepting any market order for the purchase of shares of a new issue in
the secondary market prior to the commencement of trading of such
shares in the secondary market. Members have requested additional time
to develop a process for reliably identifying new issues and to modify
their order handling systems to prevent the acceptance of market orders
in new issue shares in contravention of the Rule. Accordingly, FINRA
proposes to delay the implementation date of paragraph (d)(4) until
September 26, 2011.
    FINRA represented that these proposed rule changes would be
effective on the date of Commission approval.

III. Discussion and Findings

    After careful review, the Commission finds that the proposed rule
change to amend FINRA Rule 5131 is consistent with the requirements of
the Act, and the rules and regulations thereunder that are applicable
to a national securities association.\9\ In particular, the Commission
finds that the proposed rule change is consistent with the provisions
of Section 15A(b)(6) of the Act,\10\ which requires, among other
things, that FINRA rules be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. The proposed rule change reflects the concern that the
Rule, as written, would prohibit certain necessary functions
traditionally performed by syndicate personnel. To respond to this
concern, the Rule simplifies FINRA members' obligations with respect to
Rule 5131, thereby aiding member compliance efforts and helping to
maintain investor confidence in the capital markets. Further, delay of
the implementation date of paragraphs (b) and (d)(4) until September
26, 2011 will enable FINRA members to develop a process for reliably
identifying new issues and to modify their order handling systems to
prevent the acceptance of market orders in new issue shares in
contravention of the Rule.
---------------------------------------------------------------------------

    \9\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \10\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

    In addition, the Commission finds good cause, pursuant to Section
19(b)(2) of the Exchange Act,\11\ for approving the proposed rule
change on an accelerated basis. Without accelerated approval the Rule
would take effect on May 27, 2011, even though the Commission is
approving delaying the effective date of the Rule until September 26,
2011. Moreover, accelerated approval is appropriate because the
proposed rule changes are minor and do not raise material or novel
issues. Accordingly, the Commission finds that good cause exists for
approving the rule change on an accelerated basis.
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    \11\ 15 U.S.C. 78s(b)(2).
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\12\ that the proposed rule change (File No. SR-FINRA-2011-017) be,
and hereby is, approved on an accelerated basis.
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    \12\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-12620 Filed 5-20-11; 8:45 am]
BILLING CODE 8011-01-P