[Federal Register Volume 86, Number 227 (Tuesday, November 30, 2021)]
[Notices]
[Pages 68014-68018]
[FR Doc No: 2021-26068]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93668; File No. SR-ICEEU-2021-015]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing of Proposed Rule Change Relating to Amendments to the
Counterparty Credit Risk Policy and Counterparty Credit Risk Procedures

November 24, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 15, 2021, ICE Clear Europe Limited (``ICE Clear Europe'' or
the ``Clearing House'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule changes described in
Items I, II and III below, which Items have been prepared primarily by
ICE Clear Europe. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The principal purpose of the proposed amendments is for ICE Clear
Europe to adopt a new Counterparty Credit Risk Policy (the ``CC Risk
Policy'') and a new Counterparty Credit Risk Procedures (the ``CC Risk
Procedures'').

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

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

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

(a) Purpose
    ICE Clear Europe is proposing to adopt the CC Risk Policy that
would consolidate the Clearing House's overall policies for monitoring
counterparty credit risk. ICE Clear Europe is also proposing to adopt
the CC Risk Procedures that would consolidate and provide further
detail as to the application of the Clearinghouse's policies for
monitoring counterparty credit risk, in accordance with the
requirements of the ICE Clear Europe Rules. Certain components of the
CC Risk Policy and the CC Risk Procedures would replace components of
ICE Clear Europe's current Unsecured Credit Limits Procedures and
Capital to Margin Policy (as applicable, explained further below),
which would both be retired. References to the Unsecured Credit Limits
Procedures in other ICE Clear Europe documents would be revised in due
course to reference the CC Risk Policy or the CC Risk Procedures, as
applicable. The adoption of the CC Risk Policy and CC Risk Procedures
is intended to generally reflect and document on a consolidated basis
the Clearing House's existing policies and practices relating to
counterparty credit risk management, as well as provide certain updates
to current Clearing House practices, which are not intended to be
material. Further explanations are provided below.

I. Counterparty Credit Risk Policy

    The CC Risk Policy would define Counterparty Credit Risk and set
out the Clearing House's objectives of minimizing the risk of being
materially undercollateralized as a result of a Clearing Member
(``CM'') default or realizing a material loss due to a Financial
Service Provider (``FSP'') default.
    Under the policy, the Clearing House classifies prospective CM's
according to risk and sets credit eligibility criteria for prospective
CMs and FSPs in order to check financial stability. Prospective CMs and
FSPs are assessed against such criteria during onboarding. Existing CMs
and FSPs are reviewed against such criteria at least annually.
    The CC Risk Policy would describe ICE Clear Europe's counterparty
rating system, which calculates a credit score that represents a
counterparty's credit quality, and together with the exposure is used
to identify the combination of the likeliness of default and heightened
risk in a counterparty's portfolio of risk with ICE Clear Europe.
Credit scores would be calculated by the model or, for FSPs (as
provided in the CC Risk Procedures), a combination of Minimum External
Rating requirements and exposure limits. See Section II below for more
information. Depending on the risk classification, Counterparties may
be subject to additional monitoring and potentially mitigating actions
by the Clearing House.
    The CC Risk Policy also would describe ICE Clear Europe's
counterparty risk monitoring processes, which are based on a
combination of continuous monitoring and additional counterparty risk
reviews, tailored to the relationships and obligations of each type of
counterparty. The new policy (and related procedures) provide further
detail as to the content and frequency of such reviews, as well as
distinguish how such reviews would be performed with respect to high
risk counterparties. Specifically, the amendments would provide that
all counterparties are monitored continuously through counterparty
rating system scores, the Clearing House watch list and exposure
limits. The Clearing House also performs Counterparty Risk Reviews on
higher risk counterparties. Triggers for reviews are (i) a counterparty
being added to the watch list, and (ii) there being concerns about the
stability of a counterparty. Periodically, lower risk counterparties
are subject to Counterparty Risk Reviews, such that all counterparties
are subject to a risk review at least once every five years. (As
explained further in Section II below, the CC Risk Procedures would
require the Clearing House to perform a Counterparty Risk Review on CMs
more frequently, at least once every four years.) These aspects of the
Policy are generally consistent with, and will replace, the Unsecured
Credit Limits Procedures.

    The CC Risk Policy also would address exposure limits and
monitoring. As described in the policy, the Clearing House monitors its
uncollateralized exposure to each CM (assuming the CM were to default)
at least daily against exposure limits. The Clearing House also
monitors a CM's initial margin relative to its capital at least daily
against threshold limits. If an exposure limit or threshold limit is
breached, then the Clearing House would take mitigating actions to
lower the exposure (such as requiring additional margin or requiring
the CM to reduce its positions under the Rules). This aspect of the
policy would replace existing provisions in the Capital to Margin
Policy. Consistent with current practice, monitoring of the capital to
margin ratio will apply to both CDS CMs \3\ and F&O CMs. With respect
to F&O CMs, the capital-to-margin approach is being revised to
eliminate the use of two separate ratios based on house and customer
margin, respectively, and will continue using a single combined margin
ratio, which ICE Clear Europe believes is more representative of the
overall risk. Certain aspects of the Capital to Margin Policy relating
to shortfall margin, while not included in the CC Risk Policy and CC
Risk Procedures, are already covered by the Clearing House's F&O Risk
Procedures. As such, those provisions of the Capital to Margin Policy
are not necessary and can be retired. A copy of the F&O Risk Procedures
is set forth in Exhibit 3.
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    \3\ Application of the current capital-to-margin ratio for CDS
Clearing Members is not addressed in the Capital to Margin Policy
but in existing CDS risk documentation.
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    The CC Risk Policy would also describe the Clearing House's
monitoring of limits with respect to FSPs. ICE Clear Europe monitors
its overnight unsecured cash exposure to FSPs at least daily against
exposure limits. If an exposure limit is breached, then the Clearing
House would take mitigating actions to reduce its exposure (such as
moving cash to different FSPs or investing cash in securities). These
provisions generally would replace provisions of the Clearing House's
Unsecured Credit Limits Procedures.
    Finally, the policy would address the Clearing House's document
governance and exception handling processes, which are similar to those
of other ICE Clear Europe policies. Specifically, the document owner
would be responsible for maintaining up-to-date documents and reviewing
documents in accordance with the Clearing House's governance processes.
The document owner would be required to report material breaches or
unapproved deviations to the Head of Department, the Chief Risk Officer
and the Head of Compliance (or their delegates) who would together
determine if further escalation should be made to relevant senior
executives, the Board, or competent authorities. Exceptions to the CC
Risk Policy would be approved in accordance with ICE Clear Europe's
governance process for approval of changes to the CC Risk Policy.

II. CC Risk Procedures

    The CC Risk Procedures supplement the CC Risk Policy with further
detail about procedures for monitoring of counterparty credit risk. The
CC Risk Procedures also would support certain aspects of the existing
Clearing House Liquidity and Investment Management Policy and
Investment Procedures. The criteria and principles set out in the CC
Risk Procedures as well as in the CC Risk Policy are implemented in
further operational detail in the Counterparty Risk Parameters and
Reviews. The Counterparty Risk Parameters and Reviews are set forth in
Exhibit 3.
    The CC Risk Procedures would address the credit eligibility
criteria for assessing the financial stability of prospective
counterparties during the onboarding process and existing
counterparties on at least an annual basis. Under the CC Risk
Procedures, the Clearing House would produce a credit recommendation
based on financial and qualitative information concerning prospective
CMs and may propose approaches to mitigating credit risk (including
increased buffer margin or increased capital, among other steps).
    The CC Risk Procedures would set out in further detail the credit
scoring process known as Counterparty Rating System (``CRS''),
including the elements considered in producing such scoring, which
include financial information specific to the counterparty and
qualitative operational and conduct information concerning the
counterparty. The CRS score is updated at least quarterly based on the
latest financial statements. Material changes in the CRS score for a
counterparty would be reviewed by the Clearing House.
    ICE Clear Europe ranks CMs by their CRS score in order to identify
those with lower relative credit quality that may require further
examination to determine whether additional actions are necessary to
mitigate credit risk. CMs with the weakest classifications, as well as
all other CMs linked to such CMs by a common owner with a controlling
stake in the entities, may be added to the watch list. The CC Risk
Procedures would outline watch list monitoring as well as procedures
for removing CMs from the watch list. The CC Risk Procedures would also
outline the actions the Clearing House may take to reduce exposure to
counterparties on the watch list under the Rules, including requiring
additional or different forms of margin, additional capital or
reduction of positions.
    The CC Risk Procedures would also describe in further detail the
ongoing continuous counterparty monitoring and trigger-based
counterparty risk review processes under the CC Risk Policy, as
discussed above. The CC Risk Procedures would provide for trigger-based
reviews to be conducted on higher risk counterparties and additional
periodic reviews on lower risk counterparties and prospective new CMs.
Reviews are tailored to the relationship and obligation of the
counterparty, and covers such matters as capital metrics, credit
scores, financials, business description, ownership structure and risks
to the Clearing House.
    The CC Risk Procedures would also describe the Clearing House's
procedures for setting exposures and limits for CMs and FSPs. For CMs,
exposure is monitored daily against exposure limits for each CM using
the uncollateralised stress loss (``USL'') as a proxy for the
exposures. The procedures would address the Clearing House's processes
for managing breaches of CM exposure limits. Where exposure to a CM
exceeds the limit, the mitigating actions under the Rules that the
Clearing House could take include (i) requiring CMs to post additional
collateral to meet a ``buffer'' margin, (ii) requiring CMs to reduce
their positions, thereby reducing their initial margin requirements,
and (iii) requiring the CM to increase its capital or to implement a
parental guarantee or subordinated debt to increase the exposure limit.
    The procedures also address the monitoring of the margin to capital
ratio for each CM. The Clearing House, for each CM and on each business
day, monitors whether the size of a CM's positions are large relative
to the CM by monitoring the ratio of their total margin to their
capital (known as the margin to capital ratio). When a CM's margin to
capital ratio is above a certain threshold, the Clearing House would
investigate the breach in order to understand its cause. If the margin
to capital ratio over a period of time is above the threshold, then ICE
Clear Europe would take mitigating actions including (i) enhanced
monitoring of the CM to assess whether the increased ratio is
temporary, (ii) requiring CMs to reduce

positions leading to a reduction in their initial margin, and (iii)
requiring the CM to increase its capital or to implement a parental
guarantee or subordinated debt to increase the exposure limit. This
aspect of the CC Risk Procedures replaces (but does not change the
substance of) the provisions of the Capital to Margin Policy, which
would be retired.
    The procedures also address monitoring of ``tiering'' concentration
with respect to CM clients, which is intended to identify the risk from
clients of a CM that could cause the default of the CM. The Clearing
House periodically identifies clients of a CM whose initial margin
constitutes more than a defined threshold of all client initial margin
at that CM. The Clearing House may request additional information from
the CM with respect to its risk management for such clients or take
other risk mitigation actions as the Clearing House determines
appropriate.
    The procedures also address limits set for issuers of collateral.
With respect to issuers of collateral, the Clearing House will set an
overall limit with sub-limits for CM collateral, Treasury (reverse repo
and other collateral) and Finance (investment of the Clearing House's
own capital and Skin-in-the-Game). The overall limit will equal the sum
of the sub-limits and can be borrowed between departments. This
provision represents an enhancement to the Clearing House's existing
policies and practices relating to exposure limits to address risk
across different departments. If a limit is breached, ICEU may reach
out to CMs for the replacement of collateral or reduce exposures to
FSPs as the case may be.
    The CC Risk Procedures would also address the Clearing House's
procedures for setting exposures and limits for FSPs, including the
roles and responsibilities of the Clearing House's credit team and its
treasury team. This aspect of the CC Risk Procedures replaces (but does
not change the substance of) the provisions of the Clearing House's
Unsecured Credit Procedures, which would be retired. Detail would be
provided regarding the allocation and monitoring of unsecured credit
limits with respect to FSPs, including the minimum requirements for
such FSPs and how the Clearing House allocates such limits based on the
capital of the FSP and other exposures of the Clearing House to the
FSP. The section would also outline ICE Clear Europe's mitigating
responses where exposure to an FSP breaches the unsecured cash limit,
including the allocating of unsecured cash to different FSPs, securing
the cash exposure, and escalating material breaches as described in the
Parameters.
    Finally, the CC Risk Procedures would detail ICE Clear Europe's
document governance and exception handling procedures, which would be
the same as for the CC Risk Policy, described in Part I hereof. The
Clearing House's Documentation Governance Schedule is attached [sic] in
Exhibit 3.
    As discussed above, since the CC Risk Policy and CC Risk Procedures
cover the same substance as the Unsecured Credit Limits Procedures and
Capital to Margin Policy, those documents would be retired.
(b) Statutory Basis
    ICE Clear Europe believes that the CC Risk Policy and the CC Risk
Procedures are consistent with the requirements of Section 17A of the
Act \4\ and the regulations thereunder applicable to it. In particular,
Section 17A(b)(3)(F) of the Act \5\ requires, among other things, that
the rules of a clearing agency be designed to promote the prompt and
accurate clearance and settlement of securities transactions and, to
the extent applicable, derivative agreements, contracts, and
transactions, the safeguarding of securities and funds in the custody
or control of the clearing agency or for which it is responsible, and
the protection of investors and the public interest.
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    \4\ 15 U.S.C. 78q-1.
    \5\ 15 U.S.C. 78q-1(b)(3)(F).
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    The CC Risk Procedures and CC Risk Policy are designed to more
clearly document and consolidate certain of the Clearing House's
practices with respect to the management of counterparty credit risk,
including both the risk of losses resulting from defaulting Clearing
Members' and losses resulting from the default of other Financial
Service Providers to the Clearing House. They would clearly describe
the processes, controls and escalations with respect to the ongoing
testing, monitoring and reviewing of counterparty credit risk, and the
mitigation steps the Clearing House can take where risk in excess of
limits is identified. The proposed documents thus enhance the overall
risk management of the Clearing House and promote the stability of the
Clearing House and the prompt and accurate clearance and settlement of
cleared contracts. The new CC Risk Policy and CC Risk Procedures are
thus also generally consistent with the protection of investors and the
public interest in the safe operation of the Clearing House. The
aspects of the CC Risk Policy and CC Risk Procedures that relate to
counterparty credit risk for FSPs will also help manage the risk of the
cash held by the Clearing House from CMs and their customers, and thus
enhance the safeguarding of securities and funds in ICE Clear Europe's
custody or control or for which it is responsible. Accordingly, the
amendments satisfy the requirements of Section 17A(b)(3)(F).\6\
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    \6\ 15 U.S.C. 78q-1(b)(3)(F).
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    The CC Risk Policy and the Risk Procedures are also consistent with
relevant provisions of Rule 17Ad-22. Rule 17Ad-22(e)(3)(i) \7\ provides
that the ``covered clearing agency shall establish, implement, maintain
and enforce written policies and procedures reasonable designed to, as
applicable [. . .] maintain a sound risk management framework that''
among other matters identifies, measures, monitors and manages the
range of risks that it faces. The CC Risk Policy and the CC Risk
Procedures are intended to document the Clearing House's policies and
practices for monitoring and reviewing counterparty credit risk and
related exposures, through clear descriptions of such policies and
processes, as well as delineation of responsibilities and potential
response to exposures exceeding limits. The documents would thus
strengthen the management of potential counterparty risks, and risk
management more generally. In ICE Clear Europe's view, the amendments
are therefore consistent with the requirements of Rule 17Ad-
22(e)(3)(i).\8\
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    \7\ 17 CFR 240.17Ad-22(e)(3)(i).
    \8\ 17 CFR 240.17Ad-22(e)(3)(i).
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    Rule 17Ad-22(e)(6)(i) \9\ provides that the ``covered clearing
agency shall establish, implement, maintain and enforce written
policies and procedures reasonable designed to, as applicable [. . .]
cover [. . .] its credit exposures to its participants by establishing
a risk-based margin system that, at a minimum,[. . .] considers, and
produces margin levels commensurate with, the risks and particular
attributes of each relevant product, portfolio, and market.'' The
proposed CC Risk Procedures provide descriptions of mitigating actions
the Clearing House would take with respect higher-risk counterparties
for which credit exposure may breach ICE Clear Europe's exposure limits
or exceed the relevant margin to capital ratio, including requiring a
CM to post additional margin and requiring a CM to reduce positions
leading to a reduction in their initial margin. The documents thus
enhance of ICE Clear Europe's overall margin framework and
documentation

and facilitate compliance with the requirements of Rule 17Ad-
22(e)(6)(i).\10\
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    \9\ 17 CFR 240.17Ad-22(e)(6)(i).
    \10\ 17 CFR 240.17Ad-22(e)(6)(i).
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    Rule 17Ad-22(b)(1) \11\ requires a clearing agency to maintain
policies and procedures to ``[m]easure its credit exposures to its
participants at least once a day and limit its exposures to potential
losses from defaults by its participants under normal market conditions
so that the operations of the clearing agency would not be disrupted
and non-defaulting participants would not be exposed to losses that
they cannot anticipate or control.'' The practices described in the CC
Risk Policy and CC Risk Procedures are consistent with this
requirement. The CRS described in the CC Risk Procedures would
calculate credit scores for each CP on each day to determine their
creditworthiness. CPs with the weakest classifications would then be
added to the watch list, monitored more closely and potentially subject
to mitigating actions such as being required to post additional or
different collateral. For each CM and on each business day, ICE Clear
Europe would also measure a CMs margin to capital ratio. ICE Clear
Europe would also measure CM exposure limits. CMs that exceed ICE Clear
Europe's exposure limit or exceed the relevant margin to capital ratio
could also be subject to mitigating actions, including requiring a CM
to post additional margin and requiring a CM to reduce positions
leading to a reduction in their initial margin. By facilitating the
Clearing House's ability to measure its credit exposures and limit
potential losses, the amendments would therefore be consistent with the
requirements of Rule 17Ad-22(b)(1).\12\
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    \11\ 17 CFR 240.17Ad-22(b)(1).
    \12\ 17 CFR 240.17Ad-22(b)(1).
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    Rule 17A-22(e)(16) provides that the ``covered clearing agency
shall establish, implement, maintain and enforce written policies and
procedures reasonable designed to, as applicable [. . .] safeguard
[its] own and its participants' assets, minimize the risk of loss and
delay in access to these assets, and invest such assets in instruments
with minimal credit, market and liquidity risks.'' \13\ As discussed
above, the CC Risk Policy and CC Risk Procedures are intended to
document Clearing House practices with respect to the management of
credit risk with respect to FSPs with which assets of the Clearing
House and CMs may be maintained. The policy and procedures address the
monitoring of FSP counterparty credit risk and the steps the Clearing
House may take to mitigate such risk where it exceeds exposure limits.
As such, the policy and procedure will continue to enable the Clearing
House to safeguard such assets and minimize the risk of loss from FSP
default, consistent with the requirements of Rule 17Ad-22(e)(16).\14\
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    \13\ 17 CFR 240.17Ad-22(e)(16).
    \14\ 17 CFR 240.17Ad-22(e)(16).
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    Rule 17Ad-22(e)(2) \15\ provides that the ``covered clearing agency
shall establish, implement, maintain and enforce written policies and
procedures reasonable designed to, as applicable [. . .] provide for
governance arrangements'' that ``are clear and transparent'' \16\ and
``specify clear and direct lines of responsibility''.\17\ Consistent
with existing policies, the proposed CC Risk Policy and the CC Risk
Procedures would continue to provide for review by the document owner
to ensure that each remains up-to-date and is reviewed in accordance
with the Clearing House's governance processes. They would also
describe the role of the Chief Risk Officer and the Head of Compliance
(or their delegates) in managing material breaches of the documents. In
ICE Clear Europe's view, the documents are therefore consistent with
the aforementioned requirements of Rule 17Ad-22(e)(2).\18\
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    \15\ 17 CFR 240.17Ad-22(e)(2).
    \16\ 17 CFR 240.17Ad-22(e)(2)(i).
    \17\ 17 CFR 240.17Ad-22(e)(2)(v).
    \18\ 17 CFR 240.17Ad-22(e)(2).
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(B) Clearing Agency's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed documents would have
any impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the purposes of the Act. The CC Risk
Policy and the CC Risk Procedures are intended to document existing
practices with respect to counterparty credit risk, for both CMs and
FSPs, and are not intended to impose new requirements on CMs. The
proposed documents clarify ICE Clear Europe risk management procedures
and ensure that ICE Clear Europe continues to appropriately monitors
and limit risks relating to Clearing Members' creditworthiness, capital
to margin ratio and uncovered stress losses. The policy and procedures
would apply to all Clearing Members. The proposed documents are not
expected to materially change margin requirements or costs for Clearing
Members and any such change which may occur would be tailored to the
counterparty credit risk presented by a particular CM. ICE Clear Europe
does not believe that the new CC Risk Policy and the CC Risk Procedures
will otherwise impact competition among Clearing Members or other
market participants or affect the ability of market participants to
access clearing generally. Therefore, ICE Clear Europe does not believe
the proposed rule change imposes any burden on competition that is
inappropriate or unnecessary in furtherance of the purposes of the Act.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments relating to the proposed amendments have not been
solicited or received by ICE Clear Europe. ICE Clear Europe will notify
the Commission of any written comments received with respect to the
proposed rule change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml) or
     Send an email to [email protected]. Please include
File Number SR-ICEEU-2021-015 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICEEU-2021-015. This
file number should be included on the subject line if email is used. To
help the Commission process and review your

comments more efficiently, please use only one method. The Commission
will post all comments on the Commission's internet website (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent
amendments, all written statements with respect to the proposed rule
change that are filed with the Commission, and all written
communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for website viewing and printing in the Commission's Public
Reference Room, 100 F Street NE, Washington, DC 20549, on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
such filings will also be available for inspection and copying at the
principal office of ICE Clear Europe and on ICE Clear Europe's website
at https://www.theice.com/clear-europe/regulation. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-ICEEU-2021-015 and should be submitted
on or before December 21, 2021.
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    \19\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-26068 Filed 11-29-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Notices]
[Page 46685]
[FR Doc No: 2020-16735]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4551-DR; Docket ID FEMA-2020-0001]

Mississippi; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Mississippi (FEMA-4551-DR), dated July 9,
2020, and related determinations.

DATES: The declaration was issued July 9, 2020.

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: Notice is hereby given that, in a letter
dated July 9, 2020, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Mississippi resulting from severe storms, tornadoes, straight-
line winds, and flooding during the period of April 22 to April 23,
2020, is of sufficient severity and magnitude to warrant a major
disaster declaration under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Mississippi.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Jose M. Girot, of FEMA is appointed
to act as the Federal Coordinating Officer for this major disaster.
    The following areas of the State of Mississippi have been
designated as adversely affected by this major disaster:

    Amite, Claiborne, Covington, George, Jefferson Davis, Jones,
Lawrence, Pike, Simpson, Smith, and Wayne Counties for Public
Assistance.
    All areas within the State of Mississippi are eligible for
assistance under the Hazard Mitigation Grant Program.

    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.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-16735 Filed 7-31-20; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Proposed Rules]
[Pages 77093-77095]
[FR Doc No: 2020-24821]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0630]
RIN 1625-AA00

Safety Zone; Bahia de Ponce, Ponce, PR

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a permanment safety
zone for certain waters of the Bahia de Ponce, Ponce, Puerto Rico. This
action is necessary to provide for the safety of life on these
navigable waters during ship-to-ship liquefied natural gas transfer
operations between liquefied gas carriers. This proposed rulemaking
would prohibit persons and vessels from being in the safety zone when
activated unless authorized by the Captain of the Port San Juan or a
designated representative. We invite your comments on this proposed
rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before December 31, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0630 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Natallia Lopez, Sector
San Juan Prevention Department, Waterways Management Division, 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
DHS Department of Homeland Security
FR Federal Register
LG Liquefied Gas
LNG Liquefied Natural Gas
NPRM Notice of proposed rulemaking
PR Puerto Rico
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On April 20, 2020, New Fortress Energy submitted arequest to begin
conducting ship-to-ship liquefied natural gas (LNG) transfer operations
in the approximate location of three nautical miles south of Ponce,
Puerto Rico (PR). Coast Guard Sector San Juan engaged with local
stakeholders and determined the proposed location could accommodate
regular anchoring and ship-to-ship LNG transfer operations between
liquefied gas (LG) carriers. The Captain of the Port San Juan (COTP)
has determined that potential hazards associated with ship-to-ship LNG
transfer operations between LG carriers would be a safety concern for
anyone within 100-yards of the location of the transfer operations.
    The purpose of this rulemaking is to establish a permanent safety
zone to ensure the safety of vessels and the navigable waters during
ship-to-ship LNG transfer operations between LG carriers. The Coast
Guard is proposing this rulemaking under authority in 46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a permanent safety zone in Bahia
de Ponce, Ponce, PR where New Fortress Energy would be conducting ship-
to-ship LNG transfer operations. The proposed rule would consist of a
100-yard safety zone in a location approximately three nautical miles
south of Ponce, PR, while LNG transfer operations are being conducted.
No vessel or person would be permitted to enter the safety zone when
activated without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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, duration and restrictions of the safety zone. The safety zone
required for these operations is 100 yards, making the safety zone
limited in size. The safety zone is limited to a location approximately
three nautical miles south of Ponce, PR, making the zone limited in
location. Additionally, the safety zone will be enforced only while LNG
transfer operations are being conducted, making it limited in duration.
Vessels will be permitted to enter the safety zone when ship-to-ship
transfer operations are not being conducted, limiting the restrictions
associated with the safety 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 certifies under 5 U.S.C. 605(b) that this
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    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 proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed rule has implications for federalism or
Indian tribes, please call or email 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy

Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination 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 proposed rule involves a safety zone during ship-to-
ship LNG transfer operations lasting approximately 24 hours that would
prohibit entry within 100 yards of the proposed location of the
transfer operations. Normally such actions are categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

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 is
proposing to amend 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:  46 U.S.C. 70034, 70051; 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.  165.788 to read as follows:

Sec.  165.788   Safety Zone; Bahia de San Juan, Ponce, Puerto Rico.

    (a) Regulated area. A safety zone is established in the following
area: The waters around liquefied gas carriers conducting ship-to-ship
liquefied natural gas transfer operations in an area 100-yards around
each vessel in the approximate position 17[deg]54'20'' N,
066[deg]35'6'' W. All coordinates are North American Datum 1983.
    (b) Regulations. (1) No person or vessel may enter, transit or
remain in the safety zone unless authorized by the Captain of the Port,
San Juan, Puerto Rico, or a designated Coast Guard commissioned,
warrant, or petty officer. Those in the safety zone must comply with
all lawful orders or directions given to them by the COTP or the
designated Coast Guard commissioned, warrant, or petty officer.
    (2) Vessels encountering emergencies, which require transit through
the safety zone, should contact the Coast Guard patrol craft or Duty
Officer on VHF Channel 16. In the event of an emergency, the Coast
Guard patrol craft may authorize a vessel to transit through the safety
zone with a Coast Guard designated escort.
    (3) The Captain of the Port and the Duty Officer at Sector San
Juan, Puerto Rico, can be contacted at telephone number<PHONE_NUMBER>.
The Coast Guard Patrol Commander enforcing the safety zone can be
contacted on VHF-FM channels 16 and 22A.
    (4) Coast Guard Sector San Juan will, when necessary and
practicable, notify the maritime community of periods during which the
safety zones will be in effect by providing advance notice of scheduled
ship-to-ship liquefied natural gas transfer operations of liquefied gas
carriers via a Marine Broadcast Notice to Mariners.
    (5) All persons and vessels must comply with the instructions of
on-scene patrol personnel. On-scene patrol personnel include
commissioned, warrant, or petty officers of the U.S. Coast Guard. Coast
Guard Auxiliary and local or state officials may be present to inform
vessel operators of the requirements of this section, and other
applicable laws.

    Dated: November 3, 2020.
G.H. Magee,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2020-24821 Filed 11-30-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 58 (Friday, March 25, 2022)]
[Proposed Rules]
[Pages 17035-17037]
[FR Doc No: 2022-06315]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0156; Project Identifier AD-2021-01474-T]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) AD
2021-06-03, which applies to all The Boeing Company Model 777F series
airplanes. AD 2021-06-03 requires deactivating the potable water
system. Since the FAA issued AD 2021-06-03, Boeing developed new
actions to address the unsafe condition, which terminate the action
required by AD 2021-06-03. This proposed AD would retain the actions
required by AD 2021-06-03 and would require installing a shroud to the
water supply line in the forward cargo compartment, and performing a
leak test of the potable water system. For certain airplanes, this
proposed AD would also require replacing tubes and hoses from the water
supply line and installing a shroud to the water return line. The FAA
is proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by May 9,
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may
view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available at https://www.regulations.gov
by searching for and locating Docket No. FAA-2022-0156.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0156; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Courtney Tuck, Aerospace Engineer,
Cabin Safety and Environmental Systems Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-
231-3986; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0156; Project Identifier
AD-2021-01474-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Courtney Tuck, Aerospace Engineer, Cabin Safety and Environmental
Systems Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email:
[email protected]. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Background

    The FAA issued AD 2021-06-03, Amendment 39-21469 (86 FR 12809,
March 5, 2021) (AD 2021-06-03), for all The Boeing Company Model 777F
series airplanes. AD 2021-06-03 was prompted by a report of a water
supply line that detached above an electronic equipment (EE) cooling
filter, leading to water intrusion into the forward EE bay. AD 2021-06-
03 requires deactivating the potable water system. The agency issued AD
2021-06-03 to address water entering the EE cooling system via the
cooling filter, which can affect multiple EE bay racks and line
replaceable units (LRUs), resulting in loss of functionality or
inaccurate output of critical electrical systems and possible loss of
control of the airplane.
    The reported water supply detachment occurred on a Model 777F
series airplane with 34,000 total flight hours and 6,000 total flight
cycles. During potable water servicing on ground, the operator received
multiple messages appearing on the engine indication and crew alert
system (EICAS) indicating multiple affected EE LRUs. Further
investigation revealed that the location of a joint on a swaged end
fitting ferrule of a corrosion resistant stainless steel (CRES) water
supply line had become partially or fully detached from the tube,
causing water to spill onto an EE cooling filter (directly below the
fitting) in the left-hand sidewall at station (STA) 571. The amount and
duration of the water spillage are unknown. Water saturated the cooling
filter, which was then blown via the EE cooling system into multiple EE
LRUs located in the EE bay.
    Model 777F series airplanes line numbers (L/Ns) 960 and subsequent

have a joint at this location from the factory-installed CRES tube
assembly. Boeing released Service Bulletin 777-38-0042 as an economic
service bulletin providing operators with airplanes prior to L/N 960
instructions to retrofit to this configuration at their discretion.
Therefore, AD 2021-06-03 requires deactivation of the potable water
system for all 777F airplanes with this joint installed either in
production or through accomplishment of Boeing SB 777-38-0042.

Actions Since AD 2021-06-03 Was Issued

    Since the FAA issued AD 2021-06-03, the FAA has determined that
further rulemaking is necessary. The preamble to AD 2021-06-03
specifies that the FAA considers the requirements ``interim action''
and that the manufacturer is developing a modification to address the
unsafe condition. That AD explains that the FAA might consider further
rulemaking if a modification is developed, approved, and available. The
manufacturer now has developed such a modification, and this proposed
AD follows from that determination.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 777-38A0048 RB,
dated October 18, 2021. This service information specifies procedures
for replacing tubes and hoses from the water supply line and installing
a shroud to the water supply and return lines in the forward cargo
compartment and performing a leak test of the potable water system.
    This proposed AD would also require Boeing Multi Operator Message
MOM-MOM-21-0089-01B, dated February 26, 2021, which the Director of the
Federal Register approved for incorporation by reference as of March 5,
2021 (86 FR 12809, March 5, 2021).
    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 ADDRESSES.

Proposed AD Requirements in this NPRM

    This proposed AD would retain all of the requirements of AD 2021-
06-03. This proposed AD would also require accomplishment of the
actions identified in Boeing Alert Requirements Bulletin 777-38A0048
RB, dated October 18, 2021, described previously, except as discussed
under ``Differences Between this Proposed AD and the Service
Information,'' and except for any differences identified as exceptions
in the regulatory text of this proposed AD. This proposed AD would also
prohibit the future accomplishment of the actions specified in Boeing
Service Bulletin 777-38-0042.
    For information on the procedures and compliance times, see this
service information at https://www.regulations.gov by searching for and
locating Docket No. FAA-2022-0156.

Difference Between This AD and the Service Information

    Boeing Multi Operator Message MOM-MOM-21-0089-01B, dated February
26, 2021, specifies one Safety Action and six Recommended Actions.
Although the FAA recommends accomplishment of all of these actions,
this proposed AD would require only deactivation of the potable water
system, as specified in the Safety Action of the service information.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 58 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Action                        Labor cost                  Parts cost                 Cost per product           Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Deactivation of potable water system  2 work-hours x $85 per   $0...........................  $170........................  $9,860.
 (retained actions from AD 2021-06-    hour = $170.
 03).
Replace tubes and hoses, and install  Up to 12 work-hours x    Up to $1,850.................  Up to $2,870................  Up to $166,460.
 shroud (new proposed action).         $85 per hour = Up to
                                       $1,020.
Potable water system leak test (new   2 work-hours x $85 per   $0...........................  $170........................  $9,860.
 proposed action).                     hour = $170.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.

Authority for This Rulemaking

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

Regulatory Findings

    The FAA has determined that this proposed AD would not have
federalism implications under Executive Order 13132. This proposed AD
would not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
    For the reasons discussed above, I certify that the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2021-06-03, Amendment 39-21469
(86 FR 12809, March 5, 2021), and
0
b. Adding the following new AD:

The Boeing Company: Docket No. FAA-2022-0156; Project Identifier AD-
2021-01474-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) action by May 9, 2022.

(b) Affected ADs

    This AD replaces AD 2021-06-03, Amendment 39-21469 (86 FR 12809,
March 5, 2021) (AD 2021-06-03).

(c) Applicability

    This AD applies to all The Boeing Company Model 777F series
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 38, Water/waste.

(e) Unsafe Condition

    This AD was prompted by a report of a water supply line that
detached at a certain joint located above an electronic equipment
(EE) cooling filter, leading to water intrusion into the forward EE
bay. This AD was also prompted by the development of new actions to
address the unsafe condition. The FAA is issuing this AD to address
water entering the EE cooling system via the cooling filter, which
can affect multiple EE bay racks and line replaceable units (LRUs),
resulting in loss of functionality or inaccurate output of critical
electrical systems and possible loss of control of the airplane.

(f) Compliance

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

(g) Retained Deactivation of Potable Water System, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD
2021-06-03, with no changes. For the airplanes identified in
paragraphs (g)(1) and (2) of this AD: Within 5 days after March 5,
2021 (the effective date of AD 2021-06-03), deactivate the potable
water system, in accordance with Boeing Multi Operator Message MOM-
MOM-21-0089-01B, dated February 26, 2021 (Boeing MOM-MOM-21-0089-
01B).
    (1) Line numbers (L/Ns) 959 and earlier on which the actions
specified in Boeing Service Bulletin 777-38-0042 have been
accomplished.
    (2) L/Ns 960 and subsequent.
    Note 1 to paragraph (g): Guidance on deactivating the potable
water system can be found in Boeing 777 Aircraft Maintenance Manual
(AMM) Task 38-10-00-040-801.

(h) Retained Installation Prohibition, With No Changes

    This paragraph restates the requirements of paragraph (h) of AD
2021-06-03, with no changes. For airplanes not identified in
paragraph (g) of this AD: As of March 5, 2021 (the effective date of
AD 2021-06-03), accomplishment of the actions specified in Boeing
Service Bulletin 777-38-0042 is prohibited.

(i) Retained Reporting Provisions, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD
2021-06-03, with no changes. Although Boeing MOM-MOM-21-0089-01B
specifies to report inspection findings, this AD does not require
any report.

(j) New Required Actions

    Except as specified by paragraph (k) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 777-38A0048 RB, dated October 18, 2021,
do all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
777-38A0048 RB, dated October 18, 2021.
    Note 1 to paragraph (j): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
777-38A0048, dated October 18, 2021, which is referred to in Boeing
Alert Requirements Bulletin 777-38A0048 RB, dated October 18, 2021.

(k) Exceptions to Service Information Specifications

    Where the Compliance Time columns of the tables in the
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 777-
38A0048 RB, dated October 18, 2021, use the phrase ``the Original
Issue date of Requirements Bulletin 777-38A0048 RB,'' this AD
requires using ``the effective date of this AD.''

(l) Terminating Action for Deactivation of Potable Water System

    Accomplishment of the required actions specified in the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
777-38A0048 RB, dated October 18, 2021, terminates the potable water
system deactivation required by paragraph (g) of this AD.

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or responsible Flight Standards Office,
as appropriate. If sending information directly to the manager of
the certification office, send it to the attention of the person
identified in paragraph (n)(1) of this AD. Information may be
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.

(n) Related Information

    (1) For more information about this AD, contact Courtney Tuck,
Aerospace Engineer, Cabin Safety and Environmental Systems Section,
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax:<PHONE_NUMBER>; email: [email protected].
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued on March 7, 2022.
Derek Morgan,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.

[FR Doc. 2022-06315 Filed 3-24-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 14 (Monday, January 23, 2023)]
[Rules and Regulations]
[Pages 3914-3915]
[FR Doc No: 2023-01055]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1351; Airspace Docket No. 22-ASW-22]
RIN 2120-AA66

Revocation of Class E Airspace; Marfa, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action removes the Class E airspace at Marfa, TX. This
action is due to the closure of the airport.

DATES: Effective 0901 UTC, April 20, 2023. 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 JO 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11G, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at 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.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; 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 removes the Class E airspace extending upward from 700 feet above
the surface at Alta Vista Ranch Airport, Marfa, TX, due to the closure
of the airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (87 FR 66975; November 7, 2022) for Docket No. FAA-2022-1351
to remove the Class E airspace at Marfa, TX. 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 JO 7400.11G, dated August 19, 2022, and effective September
15, 2022, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11G, Airspace Designations
and Reporting Points, dated August 19, 2022, and effective September
15, 2022. FAA Order JO 7400.11G is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11G lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to 14 CFR part 71 removes the Class E airspace
extending upward from 700 feet above the surface at Alta Vista Ranch
Airport, Marfa, TX.
    This action is the result of the closure of the airport.
    FAA Order JO 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, is
non-controversial and unlikely to result in adverse or negative
comments. 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 so 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 5-6.5.a. 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 JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

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

* * * * *

ASW TX E5 Marfa, Alta Vista Ranch Airport, TX [Remove]

    Issued in Fort Worth, Texas, on January 17, 2023.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2023-01055 Filed 1-20-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 209 (Wednesday, October 28, 2020)]
[Notices]
[Pages 68324-68326]
[FR Doc No: 2020-23858]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-6-000]

Spire Storage West LLC; Notice of Application and Establishing
Intervention Deadline

    Take notice that on October 9, 2020, Spire Storage West LLC
(Spire), 3773 Richmond Avenue, Suite 300, Houston, Texas 77046, filed
an application under section 7(c) of the Natural Gas Act (NGA), and
Part 157 of the Commission's regulations requesting authorization of
its Clear Creek Expansion Project (Project). Spire requests
authorization to: (i) Amend its certificate issued in Docket No. CP98-
256-000, for Spire Storage's Clear Creek Storage Field in Uinta County,
Wyoming, (ii) reaffirmation of market-based rate authority, and (iii)
related authorizations and waivers, as requested herein, as may be
necessary in order to grant the authorizations requested. The amended
project would increase certificated base gas and working gas capacity
each from 4.0 billion cubic feet (Bcf) to 20.0 Bcf, and increase
injections and withdrawals from 35 million cubic feet per day (MMcf/d)
and 50 MMcf/d to 350 MMcf/d and 500 MMcf/d, respectively, by increasing
horsepower (hp) at the Clear Creek Plant from 3,740 hp to 24,340 hp and
the installation of 11 injection--withdrawal wells. Additionally, the
amended facilities would include approximately 10.6 miles of pipeline
between the Canyon Creek compressor station, the Clear Creek Plant, and
a new interconnection with the Kern River Gas Transmission mainline, as
well as the establishment of a one-quarter mile buffer zone around the
storage reservoir, all as more fully set forth in the application which
is on file with the Commission and open for public inspection.
    Spire Storage West LLC's application states that a water quality
certificate under section 401 of the Clean Water Act is required for
the project from the Wyoming Department of Environmental Quality, Water
Quality Division. The request for certification must be submitted to
the certifying agency and to the Commission concurrently. Proof of the
certifying agency's receipt date must be filed no later than five (5)
days after the request is submitted to the certifying agency.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Any questions regarding the proposed project should be directed to
Sean P. Jamieson, General Counsel, Spire Storage West LLC, 3773
Richmond Ave., Suite 300, Houston, Texas 77046, Phone:<PHONE_NUMBER>,
Email<EMAIL_ADDRESS>    Pursuant to Section 157.9 of the Commission's Rules of Practice and
Procedure,\1\ within 90 days of this Notice the Commission staff will
either: Complete its environmental review and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS)

or environmental assessment (EA) for this proposal. The filing of an EA
in the Commission's public record for this proceeding or the issuance
of a Notice of Schedule for Environmental Review will serve to notify
federal and state agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
---------------------------------------------------------------------------

    \1\ 18 CFR 157.9.
---------------------------------------------------------------------------

Public Participation

    There are two ways to become involved in the Commission's review of
this project: You can file comments on the project, and you can file a
motion to intervene in the proceeding. There is no fee or cost for
filing comments or intervening. The deadline for filing a motion to
intervene is 5:00 p.m. Eastern Time on November 12, 2020.

Comments

    Any person wishing to comment on the project may do so. Comments
may include statements of support or objections to the project as a
whole or specific aspects of the project. The more specific your
comments, the more useful they will be. To ensure that your comments
are timely and properly recorded, please submit your comments on or
before November 12, 2020.
    There are three methods you can use to submit your comments to the
Commission. In all instances, please reference the Project docket
number CP21-6-000 in your submission.
    (1) You may file your comments electronically by using the eComment
feature, which is located on the Commission's website at www.ferc.gov
under the link to Documents and Filings. Using eComment is an easy
method for interested persons to submit brief, text-only comments on a
project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. With eFiling, you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on eRegister. You will be asked to select the type of filing you are
making; first select ``General'' and then select ``Comment on a
Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address below.\2\ Your written comments must reference
the Project docket number (CP21-6-000).
---------------------------------------------------------------------------

    \2\ Hand delivered submissions in docketed proceedings should be
delivered to Health and Human Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.
---------------------------------------------------------------------------

    Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
888 First Street NE, Washington, DC 20426.
    The Commission encourages electronic filing of comments (options 1
and 2 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected]
    Persons who comment on the environmental review of this project
will be placed on the Commission's environmental mailing list, and will
receive notification when the environmental documents (EA or EIS) are
issued for this project and will be notified of meetings associated
with the Commission's environmental review process.
    The Commission considers all comments received about the project in
determining the appropriate action to be taken. However, the filing of
a comment alone will not serve to make the filer a party to the
proceeding. To become a party, you must intervene in the proceeding.
For instructions on how to intervene, see below.

Interventions

    Any person, which includes individuals, organizations, businesses,
municipalities, and other entities,\3\ has the option to file a motion
to intervene in this proceeding. Only intervenors have the right to
request rehearing of Commission orders issued in this proceeding and to
subsequently challenge the Commission's orders in the U.S. Circuit
Courts of Appeal.
---------------------------------------------------------------------------

    \3\ 18 CFR 385.102(d).
---------------------------------------------------------------------------

    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \4\ and the regulations under the NGA \5\ by the
intervention deadline for the project, which is November 12, 2020. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
the your interest in the proceeding. [For an individual, this could
include your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene.] For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
---------------------------------------------------------------------------

    \4\ 18 CFR 385.214.
    \5\ 18 CFR 157.10.
---------------------------------------------------------------------------

    There are two ways to submit your motion to intervene. In both
instances, please reference the Project docket number CP21-6-000 in
your submission.
    (1) You may file your motion to intervene by using the Commission's
eFiling feature, which is located on the Commission's website
(www.ferc.gov) under the link to Documents and Filings. New eFiling
users must first create an account by clicking on eRegister. You will
be asked to select the type of filing you are making; first select
``General'' and then select Intervention. The eFiling feature includes
a document-less intervention option; for more information, visit
https://www.ferc.gov/docs-filing/efiling/document-less-intervention.pdf.; or
    (2) You can file a paper copy of your motion to intervene, along
with three copies, by mailing the documents to the address below.\6\
Your motion to intervene must reference the Project docket number CP21-
6-000.
---------------------------------------------------------------------------

    \6\ Hand delivered submissions in docketed proceedings should be
delivered to Health and Human Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.
---------------------------------------------------------------------------

    Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
888 First Street NE, Washington, DC 20426.
    The Commission encourages electronic filing of motions to intervene
(option 1 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected]
    Motions to intervene must be served on the applicant either by mail
or email at: 3773 Richmond Ave., Suite 300, Houston, Texas 77046, or
Email<EMAIL_ADDRESS>Any subsequent submissions by an
intervenor must be served on the applicant and all other parties to the
proceeding. Contact information for parties can be downloaded from the
service list at the eService link on FERC Online. Service can be via
email with a link to the document.
    All timely, unopposed \7\ motions to intervene are automatically
granted by operation of Rule 214(c)(1).\8\ Motions to intervene that
are filed after the intervention deadline are untimely, and may be
denied. Any late-filed motion to intervene must show good cause for
being late and must explain why the time limitation should be waived
and provide justification by reference to factors set forth in Rule
214(d) of the Commission's Rules and Regulations.\9\ A person obtaining
party status will be placed on the service list maintained by the
Secretary of the Commission and

will receive copies (paper or electronic) of all documents filed by the
applicant and by all other parties.
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    \7\ The applicant has 15 days from the submittal of a motion to
intervene to file a written objection to the intervention.
    \8\ 18 CFR 385.214(c)(1).
    \9\ 18 CFR 385.214(b)(3) and (d).
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Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.
    Intervention Deadline: 5:00 p.m. Eastern Time on November 12, 2020.

    Dated: October 22, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-23858 Filed 10-27-20; 8:45 am]
BILLING CODE 6717-01-P