[Federal Register Volume 77, Number 137 (Tuesday, July 17, 2012)]
[Notices]
[Pages 42024-42026]
[FR Doc No: 2012-17333]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67408; File No. SR-NYSE-2012-22]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Changes
to the Transaction Fees and Credits Within Its Price List

July 11, 2012.
    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 June 29, 2012, New York Stock Exchange LLC (the ``Exchange''
or ``NYSE'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes certain changes to the transaction fees and
credits within its Price List, which the Exchange proposes to become
operative on July 1, 2012. The text of the proposed rule change is
available on the Exchange's Web site at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange is proposing certain changes to the transaction fees
and credits within its Price List, which the Exchange proposes to
become operative on July 1, 2012.
    The Exchange recently amended Rule 107B, which currently operates
on a pilot basis,\3\ to add a class of Supplemental Liquidity Providers
(``SLPs'') that are registered as market makers at the Exchange
(``SLMMs'').\4\ SLPs in the original class (``SLP-Props'') are eligible
for credits when adding liquidity on the Exchange. The amount of the
credit is determined by the ``tier'' for which the SLP-Prop qualifies,
which is based on (i) whether the SLP-Prop meets the 10% average or
more quoting requirement in all assigned securities pursuant to Rule
107B; and (ii) whether the SLP-Prop (a) adds liquidity of an average
daily volume (``ADV'') of more than 10 million shares for all assigned
SLP securities in the aggregate; and (b) for each assigned SLP
security, adds liquidity within a specified range of percentages of
consolidated ADV (``CADV'') for that security.
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    \3\ See Securities Exchange Act Release No. 58877 (October 29,
2008), 73 FR 65904 (November 5, 2008) (SR-NYSE-2008-108). The pilot
is currently scheduled to end on July 31, 2012.
    \4\ See Securities Exchange Act Release No. 67154 (June 7,
2012), 77 FR 35455 (June 13, 2012) (SR-NYSE-2012-10). The Exchange
notes that pursuant to SR-NYSE-2012-10 the addition of the SLMM
class would not be effective until the first day of the month
following Commission approval, which is July 2, 2012.
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    The Exchange hereby proposes that transaction credits for SLMMs
would be identical to those that are applicable to SLP-Props, both with
respect to the rate of the credit and the qualification requirements
for the tiers. The Exchange also proposes to specify that, for purposes
of determining whether an SLP has added liquidity of an ADV of more
than 10 million shares for all assigned SLP securities in the
aggregate, shares of an SLP-Prop and an SLMM of the same member
organization would be aggregated.\5\ The Exchange has proposed this
aggregation because, as described in SR-NYSE-2012-10, if a member
organization has more than one business unit, and the SLP-Prop business
unit is walled off from the SLMM business unit, the member organization
may engage in both an SLP-Prop and SLMM business from those different
business units.\6\ Accordingly, because the 10 million share threshold
applies to all of an SLP's shares in the aggregate, the Exchange
believes that the activity of an SLP-Prop and an SLMM of the same
member organization should be aggregated.\7\ However, for purposes of
determining whether an SLP has satisfied the 10% average or more
quoting requirement pursuant to Rule 107B as well as the per-security
percentage of added liquidity, shares of an SLP-Prop and an SLMM of the
same member organization would not be aggregated. As described in SR-
NYSE-2012-10, provided there is no coordinated trading between the SLP-
Prop and SLMM business units, they may be assigned the same
securities.\8\ In

this regard, the Exchange believes that this proposed disaggregation is
consistent with the prohibition of an SLP-Prop coordinating its trading
with an SLMM of the same member organization, and vice versa.\9\
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    \5\ The Exchange proposes to add ``in the aggregate'' to the
$0.0005 tier for securities with a per-share price of less than
$1.00 to make this language consistent with the other tiers. This
aspect of the proposed rule change would not be a substantive
change.
    \6\ See supra note 4 at 35456.
    \7\ Additionally, this would be consistent with the manner in
which the Exchange aggregates the activity of an SLP-Prop and an
SLMM of the same member organization for purposes of determining
whether the 10 million share requirement of Rule 107B(a) has been
satisfied.
    \8\ See supra note 4 at 35456. See also Rule 107B(i)(2)(B),
which provides that an SLP-Prop shall not also act as an SLMM in the
same securities in which it is registered as an SLP-Prop and vice
versa, provided, however, that if a member organization maintains
information barriers between an SLP-Prop unit and an SLMM unit, the
SLP-Prop and SLMM units may be assigned the same securities.
    \9\ This also would be consistent with the manner in which the
Exchange disaggregates the activity of an SLP-Prop and an SLMM of
the same member organization for purposes of determining whether the
10% requirement of Rule 107B(a) has been satisfied.
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    Accordingly, the credits for SLP-Props and SLMMs would be as
follows:

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

------------------------------------------------------------------------
Credit per Share--per              $0.0015; or $0.0010 if a Non-
 transaction--for Supplemental      Displayed Reserve Order.
 Liquidity Providers (``SLPs'')--
 when adding liquidity to the
 NYSE in securities with a per
 share price of $1.00 or more, if
 the SLP does not qualify for the
 higher credit set forth below.
Credit per Share--per              $0.0020; or $0.0015 if a Non-
 transaction--for SLPs--when        Displayed Reserve Order.
 adding liquidity to the NYSE in
 securities with a per share
 price of $1.00 or more, if the
 SLP (i) meets the 10% average or
 more quoting requirement in an
 assigned security pursuant to
 Rule 107B [sic] and (ii) adds
 liquidity of an ADV of more than
 10 million shares for all
 assigned SLP securities in the
 aggregate (including shares of
 both an SLP-Prop and an SLMM of
 the same member organization)
 and, for each assigned SLP
 security, adds liquidity of not
 more than 1.0% of the
 consolidated ADV for that
 assigned SLP security in the
 applicable month (shares of an
 SLP-Prop and an SLMM of the same
 member organization shall not be
 aggregated).
Credit per Share--per              $0.0021; or $0.0016 if a Non-
 transaction--for SLPs--when        Displayed Reserve Order.
 adding liquidity to the NYSE in
 securities with a per share
 price of $1.00 or more, if the
 SLP (i) meets the 10% average or
 more quoting requirement in an
 assigned security pursuant to
 Rule 107B [sic] and (ii) adds
 liquidity of an ADV of more than
 10 million shares for all
 assigned SLP securities in the
 aggregate (including shares of
 both an SLP-Prop and an SLMM of
 the same member organization)
 and, for each assigned SLP
 security, adds liquidity of more
 than 1.0% but not more than 2.5%
 of the consolidated ADV for that
 assigned SLP security in the
 applicable month (shares of an
 SLP-Prop and an SLMM of the same
 member organization shall not be
 aggregated).
Credit per Share--per              $0.0024; or $0.0019 if a Non-
 transaction--for SLPs--when        Displayed Reserve Order.
 adding liquidity to the NYSE in
 securities with a per share
 price of $1.00 or more, if the
 SLP (i) meets the 10% average or
 more quoting requirement in an
 assigned security pursuant to
 Rule 107B [sic] and (ii) adds
 liquidity of an ADV of more than
 10 million shares for all
 assigned SLP securities in the
 aggregate (including shares of
 both an SLP-Prop and an SLMM of
 the same member organization)
 and, for each assigned SLP
 security, adds liquidity of more
 than 2.5% of the consolidated
 ADV for that assigned SLP
 security in the applicable month
 (shares of an SLP-Prop and an
 SLMM of the same member
 organization shall not be
 aggregated).
Credit per Share for SLPs for      None.
 executions of securities with a
 per share price of $1.00 or more
 at the close.
Credit per Share--per              $0.0005.
 transaction--for SLPs--when
 adding liquidity to the NYSE in
 securities with a per share
 price of less than $1.00, if the
 SLP (i) meets the 10% average or
 more quoting requirement in an
 assigned security pursuant to
 Rule 107B [sic] and (ii) adds
 liquidity of an ADV of more than
 10 million shares for all
 assigned SLP securities in the
 aggregate (including shares of
 both an SLP-Prop and an SLMM of
 the same member organization) in
 the applicable month.
------------------------------------------------------------------------

    The following example illustrates how the proposed aggregation/
disaggregation would operate for a member organization that has
separate business units that operate as an SLP-Prop and an SLMM, where
the SLP-Prop and SLMM are each assigned securities ABC and XYZ and the
following assumptions are made:
     The percentage of time at the NBBO for securities ABC and
XYZ during the month is 13% and 11%, respectively for SLP-Prop and 11%
and 9%, respectively, for SLMM;
     The ADV of adding liquidity for all assigned securities
(i.e., securities ABC and XYZ) during the month is 5 million shares per
day for SLP-Prop and 6 million shares per day for SLMM; and
     The adding liquidity in securities ABC and XYZ during the
month is 1.5% and 2.6% of CADV, respectively, for SLP-Prop and 0.6% and
1.5% of CADV, respectively, for SLMM.
    In this example, the member organization's combined ADV for adding
liquidity in all assigned securities is greater than 10 million, which
enables both the SLP-Prop and SLMM units of that member organization to
qualify for the SLP credit of $0.0020 or more if it meets the
individual per security requirements. The SLP-Prop would qualify for a
$0.0021 credit per share in security ABC and a $0.0024 credit per share
in security XYZ. The SLMM would qualify for a $0.0020 credit per share
in security ABC, but only a $0.0015 credit per share in security XYZ
because it does not meet the quoting requirements in security XYZ.
    Unrelated to the proposed SLMM credits, the Exchange proposes to
remove obsolete text from the Price List that states that there is no
charge during Crossing Session (``CS'') II, CSIII and CSIV.\10\ In this
regard, CSIII and CSIV are no longer in effect on the Exchange.\11\
Additionally, the Exchange currently charges a fee for executions
during CSII.\12\ For clarity, the Exchange proposes to move the fee
schedule references to CSI and CSII under one heading.
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    \10\ The Exchange also proposes to designate related footnote 14
in the Price List as ``reserved.''
    \11\ CSIII and CSIV operated pursuant to a pilot program that
ceased operating after it was last extended to February 2009. See
Securities Exchange Act Release No. 57213 (January 28, 2008), 73 FR
6540 (February 4, 2008) (SR-NYSE-2008-07).
    \12\ See Securities Exchange Act Release No. 62082 (May 11,
2010), 75 FR 27848 (May 18, 2010) (SR-NYSE-2010-34). See also
Securities Exchange Act Release No. 66600 (March 14, 2012), 77 FR
16298 (March 20, 2012) (SR-NYSE-2012-07).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Securities Exchange Act of 1934 (the
``Act''),\13\ in general, and furthers the objectives of Section
6(b)(4) of the Act,\14\ in particular, because it provides for the
equitable allocation of reasonable dues, fees, and other charges among
its members, issuers and other persons using its facilities. The
proposed rule change is equitably allocated and not unfairly
discriminatory because it applies uniformly to all similarly situated
member organizations.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(4).
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    Specifically, the Exchange believes that the proposed rule change
is reasonable, equitable and not unfairly discriminatory because the
same credits would be made available to SLMMs that are currently
available for SLP-Props. In this regard, the proposed SLMM credits are
reasonable, equitable and not unfairly discriminatory because they are
available to all SLMMs on an equal basis and because the credits would

provide incentives to SLMMs that are reasonably related to an SLMM's
additional quoting and liquidity obligations in each security.
    The Exchange also believes that it is reasonable, equitable and not
unfairly discriminatory to aggregate shares of an SLP-Prop and an SLMM
of the same member organization for purposes of determining whether an
SLP has added liquidity of an ADV of more than 10 million shares for
all assigned SLP securities. Specifically, and as described in SR-NYSE-
2012-10, if a member organization has more than one business unit, and
the SLP-Prop business unit is walled off from the SLMM business unit,
the member organization may engage in both an SLP-Prop and SLMM
business from those different business units.\15\ Accordingly, because
the 10 million share threshold applies to all of an SLP's shares in the
aggregate, the Exchange believes that the activity of an SLP-Prop and
an SLMM of the same member organization should be aggregated.\16\
Furthermore, provided there is no coordinated trading between the SLP-
Prop and SLMM business units, they may be assigned the same
securities.\17\ In this regard, however, the Exchange believes that it
is reasonable, equitable and not unfairly discriminatory to
disaggregate shares of an SLP-Prop and an SLMM of the same member
organization for purposes of determining whether an SLP has satisfied
the 10% average or more quoting requirement pursuant to Rule 107B as
well as the per-security percentage of added liquidity. The Exchange
believes that this proposed disaggregation is consistent with the
prohibition of an SLP-Prop coordinating its trading with an SLMM of the
same member organization, and vice versa.\18\
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    \15\ See supra note 4 at 35456.
    \16\ Additionally, this would be consistent with the manner in
which the Exchange aggregates the activity of an SLP-Prop and an
SLMM of the same member organization for purposes of determining
whether the 10 million share requirement of Rule 107B(a) has been
satisfied.
    \17\ See supra note 4 at 35456. See also Rule 107B(i)(2)(B),
which provides that an SLP-Prop shall not also act as an SLMM in the
same securities in which it is registered as an SLP-Prop and vice
versa, provided, however, if a member organization maintains
information barriers between an SLP-Prop unit and an SLMM unit, the
SLP-Prop and SLMM units may be assigned the same securities.
    \18\ Additionally, this would be consistent with the manner in
which the Exchange disaggregates the activity of an SLP-Prop and an
SLMM of the same member organization for purposes of determining
whether the 10% requirement of Rule 107B(a) has been satisfied.
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    The Exchange also believes that the removal of the text describing
that there is no charge during CSII, CSIII and CSIV and putting the
text describing CSI and CSII under one heading is reasonable, equitable
and not unfairly discriminatory because it would result in the removal
of obsolete text from the Price List and add greater clarity regarding
off-hours trading.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \19\ of the Act and subparagraph (f)(2) of Rule
19b-4 \20\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please
include File Number SR-NYSE-2012-22 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2012-22. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2012-22 and should be
submitted on or before August 7, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-17333 Filed 7-16-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 219 (Tuesday, November 13, 2018)]
[Notices]
[Pages 56315-56316]
[FR Doc No: 2018-24701]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 11426-000]

T.A. Keck, III and H.S. Keck; Notice of Existing Licensee's
Failure To File a Notice of Intent To File a Subsequent License
Application, and Soliciting Notices of Intent To File a License
Application and Pre-Application Documents

    The current license for T.A. Keck, III and H.S. Keck's (the Kecks')
Blackstone Mill Hydroelectric Project No. 11426 (Blackstone Mill
Project) was issued on November 18, 1993, for a term of 30 years,
ending October 31, 2023.\1\ The 65-

kilowatt (kW) project is located on East Mahantango Creek, a tributary
of the Susquehanna River near the Town of Pillow, in Dauphin County,
Pennsylvania.
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    \1\ See T.A. Keck, III and H.S. Keck, 65 FERC ] 62,149 (1993).
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    The principal project works consist of: (1) A 102-foot-long,
approximately 2.5-foot-high dam; (2) a reservoir with a surface area of
about 3 acres and a total volume of about 7 acre-feet at the normal
water surface elevation of approximately 470 feet mean sea level; (3) a
headrace or power canal about 3,200 feet long by 20 feet wide by 5 feet
deep; (4) a stone-masonry powerhouse containing two generating units
rated at 50 kW and 15 kW for a total installed capacity of 65 kW; (5)
an overhead 240-volt transmission line about 60 feet long; and (6)
appurtenant equipment and facilities.
    At least five years before the expiration of a license for a minor
water power project in which sections 14 and 15 of the Federal Power
Act were waived, the Commission's regulations require the licensee to
file with the Commission a notice of intent (NOI) that contains an
unequivocal statement of the licensee's intention to file or not to
file an application for a subsequent license, details on the principal
project works and installed plant capacity, and other information.\2\
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    \2\ 18 CFR 16.19(b) (2018) (citing 18 CFR 16.6(b)). Section
16.19(b) applies to licenses not subject to Parts 14 and 15 of the
Federal Power Act.
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    If such a licensee does not inform the Commission that it intends
to file an application for, in this case, a subsequent license for the
project, the licensee may not file an application for a subsequent
license, either individually or in conjunction with an entity or
entities that are not currently licensees of the project.\3\
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    \3\ 18 CFR 16.24(b) (2018).
---------------------------------------------------------------------------

    Because the existing license expires on October 31, 2023, the NOI
was due to be filed no later than the close of business on October 31,
2018. The Kecks, the existing licensee for the Blackstone Mill Project,
failed to file an NOI by this date.
    Any party interested in filing a license application for the
Blackstone Mill Project No. 11426 must first file a Notice of Intent
(NOI) \4\ and pre-application document (PAD) \5\ pursuant to Part 5 of
the Commission's regulations. Although the integrated licensing process
(ILP) is the default pre-filing process, section 5.3(b) of the
Commission's regulations allows a potential license applicant to
request to use alternative licensing procedures when it files its
NOI.\6\
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    \4\ 18 CFR 5.5 (2018).
    \5\ 18 CFR 5.6 (2018).
    \6\ 18 CFR 5.3(b) (2018).
---------------------------------------------------------------------------

    This notice sets a deadline of 120 days from the date of this
notice for interested applicants, other than the existing licensee, to
file NOIs, PADs, and requests to use an alternative licensing process.
    Applications for a subsequent license from potential (non-licensee)
applicants must be filed with the Commission at least 24 months prior
to the expiration of the existing license.\7\ Because the existing
license expires on October 31, 2023, applications for license for this
project must be filed by October 31, 2021.\8\
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    \7\ 18 CFR 16.20 (2018).
    \8\ To the extent an interested applicant files an NOI and PAD
and elects or is required to use the Commission's ILP, a process
plan will be issued within 180 days of this notice, which
accelerates the steps of the ILP to allow for filing a subsequent
license application by the October 31, 2021 deadline.
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    Questions concerning this notice should be directed to Andy Bernick
at<PHONE_NUMBER> or [email protected].

    Dated: November 6, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-24701 Filed 11-9-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 167 (Wednesday, August 28, 2013)]
[Notices]
[Page 53185]
[FR Doc No: 2013-20971]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2013-37]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

DATE: Comments on this petition must identify the petition docket
number involved and must be received on or before September 17, 2013.

ADDRESSES: You may send comments identified by docket number FAA-2013-
0560 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments digitally.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review the
DOT's complete Privacy Act Statement in the Federal Register published
on April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mark Forseth, ANM-113,<PHONE_NUMBER>,
Federal Aviation Administration, 1601 Lind Avenue SW., Renton, WA
98057-3356, or Andrea Copeland, ARM-208, Office of Rulemaking, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591; email<EMAIL_ADDRESS>(202) 267-8081.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on August 23, 2013.
Brenda D. Courtney,
Acting Director, Office of Rulemaking.

Petition For Exemption

    Docket No.: FAA-2013-0560
    Petitioner: Dassault Aviation
    Section of 14 CFR Affected: Sec. Sec.  25.629 & 25.671
    Description of Relief Sought: Petitioner requests relief from
requirements of 14 Code of Federal Aviation Regulations 25.629 and
25.671 for aeroelastic stability evaluations regarding flutter,
divergence, control reversal, and any undue loss of stability and
control as a result of structural deformation; and the airplane must be
shown by analysis, tests, or both to be capable of continued safe
flight and landing, following a dual hydraulic-system failure or any
single failure in combination with a probable hydraulic failure, on
Dassault Falcon 900 airplanes equipped with blended winglets.

[FR Doc. 2013-20971 Filed 8-27-13; 8:45 am]
BILLING CODE 4910-13-P


                             Oxyfluorfen (111601)
                     Screening Level Usage Analysis (SLUA)
                              Date: 30 April 2014

What is a Screening Level Usage Analysis (SLUA)?
 Available estimates of pesticide usage data for a particular active ingredient that is used on agricultural crops in the United States.
 Pesticide usage data obtained from various sources.  The data are then merged, averaged, and rounded so that the presented information is not proprietary, business confidential, or trade secret.
What does it contain?
 Pesticide usage data for a single active ingredient only.
 Agricultural use sites (crops) that the pesticide is reported to be used on.
 Available pesticide usage information from U.S. states that produce 80% or more of a crop, in most cases, or less than 80%, in rare cases, depending on the scope of the survey and available resources.
 Annual percent of crop treated (average & maximum) for each agricultural crop.
 Average annual pounds of the pesticide applied for each agricultural crop (i.e., for the states surveyed, not for the entire United States).
What assumptions can I make about the reported data?
 Average pounds of active ingredient applied - Values are calculated by merging pesticide usage data sources together; averaging across all observations, then rounding.  Note:  If the estimated value is less than 500, then that value is labeled <500.  Estimated values between 500 & <1,000,000 are rounded to 1 significant digit.  Estimated values of 1,000,000 or greater are rounded to 2 significant digits.)
 Average percent of crop treated - Values are calculated by merging data sources together; averaging by year, averaging across all years, & rounding to the nearest multiple of 5.  Note:  If the estimated value is less than 2.5, then the value is labeled <2.5.  If the estimated value is less than 1, then the value is labeled <1.
 Maximum percent of crop treated - Value is the single maximum value reported across all data sources, across all years, & rounded up to the nearest multiple of 5.  Note:  If the estimated value is less than 2.5, then the value is labeled <2.5.
What are the data sources used?
 USDA-NASS (United States Department of Agriculture's National Agricultural Statistics Service)  -  pesticide usage data from 2004 to 2012.
 Private pesticide market research  -  pesticide usage data from 2004 to 2012.
 California Department of Pesticide Regulation (DPR) Pesticide Use Reporting (PUR) data for 2004 to 2011.
What are the limitations to the data?
 Additional registered uses may exist but are not included because the available surveys do not report usage (e.g., small acreage crops).
 Lack of reported usage data for the pesticide on a crop does not imply zero usage.
 Usage data on a particular site may be noted in data sources, but not quantified.  In these instances, the site would not be reported in the SLUA.
 Non-agricultural use sites (e.g., turf, post-harvest, mosquito control, etc.) are not reported in the SLUA.  A separate request must be made to receive these estimates.
 Some sites show some use, even though they are not on the label.  This usage could be due to various factors, including, but not limited to Section 18 requests, existing stocks of the chemical, data collection errors, and experimental use permits (EUPs).

                                 30 April 2014

    Screening Level Estimates of Agricultural Uses of Oxyfluorfen (111601)
             Sorted Alphabetically  -  Reporting Time:  2004-2012

                             Percent Crop Treated
                                     Crop
                               Average Lbs. A.I.
                                    Average
                                    Maximum
                                       1
Almonds
                                    400,000
                                      65
                                      80
                                       2
Apples
                                    30,000
                                       5
                                      20
                                       3
Apricots
                                     2,000
                                      35
                                      50
                                       4
Artichokes
                                     3,000
                                      45
                                      65
                                       5
Avocados
                                     2,000
                                     <1
                                    <2.5
                                       6
Beans, Green +
                                    <500
                                       5
                                      10
                                       7
Broccoli
                                     9,000
                                      30
                                      60
                                       8
Cabbage
                                     4,000
                                      20
                                      35
                                       9
Caneberries
                                     2,000
                                      20
                                      35
                                      10
Cantaloupes ^
                                     4,000
                                      15
                                      35
                                      11
Carrots ^
                                    <500
                                     <1
                                    <2.5
                                      12
Cauliflower
                                     6,000
                                      50
                                      65
                                      13
Celery
                                    <500
                                     <1
                                    <2.5
                                      14
Cherries
                                    20,000
                                      15
                                      25
                                      15
Corn
                                    10,000
                                     <1
                                    <2.5
                                      16
Cotton
                                    20,000
                                     <1
                                    <2.5
                                      17
Cucumbers ^
                                    <500
                                       5
                                      10
                                      18
Dates *
                                    <500
                                      NC
                                      NC
                                      19
Dry Beans/Peas ^
                                     3,000
                                     <1
                                    <2.5
                                      20
Garlic
                                     6,000
                                      70
                                      90
                                      21
Grapes
                                    300,000
                                      35
                                      45
                                      22
Hazelnuts
                                     2,000
                                      10
                                      20
                                      23
Lemons
                                    <500
                                     <1
                                    <2.5
                                      24
Lettuce
                                    <500
                                     <1
                                    <2.5
                                      25
Onions
                                    30,000
                                      75
                                      85
                                      26
Oranges
                                     5,000
                                     <1
                                    <2.5
                                      27
Peaches
                                    20,000
                                      20
                                      35
                                      28
Pears
                                     9,000
                                      15
                                      25
                                      29
Pecans
                                     1,000
                                     <1
                                    <2.5
                                      30
Peppers ^
                                     1,000
                                       5
                                      15
                                      31
Pistachios
                                    80,000
                                      50
                                      70
                                      32
Plums/Prunes
                                    30,000
                                      35
                                      55
                                      33
Pluots *
                                    <500
                                      NC
                                      NC
                                      34
Pomegranates *
                                    10,000
                                      NC
                                      NC
                                      35
Pumpkins
                                    <500
                                     <1
                                    <2.5
                                      36
Squash ^
                                    <500
                                       5
                                      10
                                      37
Strawberries
                                     4,000
                                      20
                                      35
                                      38
Sweet Corn
                                    <500
                                     <1
                                    <2.5
                                      39
Tomatoes ^
                                    10,000
                                      20
                                      30
                                      40
Walnuts
                                    100,000
                                      55
                                      65
                                      41
Watermelons ^
                                    <500
                                    <2.5
                                      10
All numbers rounded.

<500     Less than 500 pounds of active ingredient

<2.5      Less than 2.5 percent of crop treated

<1         Less than 1 percent of crop treated

NC       Not calculated, only pounds active ingredient are available

                                                                              *
Based on CA DPR data only (valid because 80% or more of U.S. acres grown are in California)
                                                                              +
Crop not known to be listed on active end use product registrations or as Section 18 emergency
exemptions when this report was run
                                                                              ^
Crops listed on label with fallow land use only. Please see table below:

Cantaloupes
Registered for fallow use only.
Carrots
Registered for fallow use only.
Cucumbers
Registered for fallow use only.
Dry Beans/Peas
Registered for fallow use only.
Peppers
Registered for fallow use only.
Squash
Registered for fallow use only.
Tomatoes
Registered for fallow use only.
Watermelons
Registered for fallow use only.

SLUA data sources include:
  USDA-NASS (United States Department of Agriculture's National Agricultural Statistics Service)
Private Pesticide Market Research
  California DPR (Department of Pesticide Regulation)

These results reflect amalgamated data developed by the Agency and are releasable to the public.


[Federal Register: May 9, 2008 (Volume 73, Number 91)]
[Rules and Regulations]
[Page 26318-26321]
[DOCID:fr09my08-4]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0527; Directorate Identifier 2008-CE-027-AD;
Amendment 39-15520; AD 2008-10-13]
RIN 2120-AA64

Airworthiness Directives; EADS SOCATA Model TBM 700 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by the aviation authority of
another country to identify and correct

an unsafe condition on an aviation product. The MCAI describes the
unsafe condition as:

    A rupture of the alternator and vapour cycle cooling system
pulley drive assembly has reportedly been found. Such a failure
could lead to the loss of the alternator and vapour cycle cooling
systems and could also cause mechanical damage inside the powerplant
compartment.

This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective May 29, 2008.
    On May 29, 2008, the Director of the Federal Register approved the
incorporation by reference of certain publications listed in this AD.
    We must receive comments on this AD by June 9, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

Examining the AD Docket

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

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

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD No.: 2008-0067-E, dated April 3, 2008 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    A rupture of the alternator and vapour cycle cooling system
pulley drive assembly has reportedly been found. Such a failure
could lead to the loss of the alternator and vapour cycle cooling
systems and could also cause mechanical damage inside the powerplant
compartment.
    To address this condition, AD 2008-0063-E had been published to
require a check of the pulley drive assembly for leakage and, as an
interim action, removal of the compressor drive belt from the
assembly, and adoption of a new operational procedure to keep the
air-conditioning system deactivated.
    This AD retains the requirements of AD 2008-0063-E which is
superseded, introduces a mandatory terminating action which consists
in replacing the original pulley drive assembly by a new one of an
improved design--corresponding to the EADS SOCATA modification MOD
70-0231-21--that permits reinstallation of the compressor drive
belt.

The MCAI requires you to deactivate the air conditioning system,
inspect the pulley drive assembly for leaks, and replace the pulley
drive assembly if leaks are found.

    You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    EADS SOCATA has issued Mandatory Service Bulletin SB 70-156,
Amendment 1, dated March 2008. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

FAA's Determination and Requirements of the AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are issuing this AD because we
evaluated all information provided by the State of Design Authority and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.
    The MCAI and the service information require replacement of the
pulley drive assembly part number (P/N) T700G215504900000 with the new
P/N T700G215505710000 and reinstallation of the compressor drive belt
by no later than March 31, 2009. This AD is considered an interim
action because we are only mandating this replacement if a leak is
found. The Administrative Procedure Act does not permit the FAA to
``bootstrap'' a long-term requirement into an urgent safety of flight
action where the rule becomes effective at the same time the public has
the opportunity to comment. The short-term action and the long-term
action are analyzed separately for justification to bypass prior public
notice.
    After issuing this AD, we may initiate further AD action (notice of
proposed rulemaking followed by a final rule) to require such a
terminating action.

Differences Between This AD and the MCAI or Service Information

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

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because a
rupture of the alternator and vapour cycle cooling system pulley drive
assembly has been reported. Such a failure could lead to the loss of
the alternator and vapor cycle cooling systems and could cause
mechanical damage inside the powerplant compartment.
    Therefore, we determined that notice and opportunity for public
comment before issuing this AD are impracticable and that good cause
exists for making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2008-0527; Directorate
Identifier 2008-CE-027-

AD'' at the beginning of your comments. We specifically invite comments
on the overall regulatory, economic, environmental, and energy aspects
of this AD. We will consider all comments received by the closing date
and may amend this AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify 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); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2008-10-13 EADS SOCATA: Amendment 39-15520; Docket No. FAA-2008-
0527; Directorate Identifier 2008-CE-027-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 29,
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models TBM 700 airplanes, serial numbers
434 through 455, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 24: Electric
Power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    A rupture of the alternator and vapour cycle cooling system
pulley drive assembly has reportedly been found. Such a failure
could lead to the loss of the alternator and vapour cycle cooling
systems and could also cause mechanical damage inside the powerplant
compartment.
    To address this condition, AD 2008-0063-E had been published to
require a check of the pulley drive assembly for leakage and, as an
interim action, removal of the compressor drive belt from the
assembly, and adoption of a new operational procedure to keep the
air-conditioning system deactivated.
    This AD retains the requirements of AD 2008-0063-E which is
superseded, introduces a mandatory terminating action which consists
in replacing the original pulley drive assembly by a new one of an
improved design--corresponding to the EADS SOCATA modification MOD
70-0231-21--that permits reinstallation of the compressor drive
belt.

The MCAI requires you to deactivate the air conditioning system,
inspect the pulley drive assembly for leaks, and replace the pulley
drive assembly if leaks are found.

Actions and Compliance

    (f) Unless already done, before further flight after May 29,
2008 (the effective date of this AD), do the following actions:
    (1) Position to ``OFF'' the air-conditioning ``AIR COND''
switch.
    (2) Check for oil leakage in the pulley drive assembly by
following EADS SOCATA Service Bulletin (SB) No. 70-156 Amendment 1,
dated March 2008.
    (3) If any leak is found, before further flight, replace the
pulley drive assembly part number (P/N) T700G215504900000 with P/N
T700G215505710000 following EADS SOCATA Service Bulletin (SB) No.
70-156 Amendment 1, dated March 2008.
    (4) If no leak is found, before further flight, remove the
compressor drive belt from the pulley drive assembly following
either EADS SOCATA Service Bulletin (SB) No. 70-156, original issue;
or EADS SOCATA Service Bulletin (SB) No. 70-156, Amendment 1; both
dated March 2008.
    (5) The air-conditioning ``AIR COND'' switch must be in the
``OFF'' position and the compressor drive belt must remain removed
until the pulley drive assembly part number (P/N) T700G215504900000
is replaced with P/N T700G215505710000 following EADS SOCATA Service
Bulletin (SB) No. 70-156 Amendment 1, dated March 2008. This
replacement must be done before further flight if any leak is found
and may be done at any time as terminating action to this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows:
    (1) The MCAI and the service information require replacement of
the pulley drive assembly part number (P/N) T700G215504900000 with
the improved design P/N T700G215505710000 and reinstallation of the
compressor drive belt by no later than March 31, 2009.
    (2) This AD is considered an interim action because we are only
mandating this replacement if a leak is found. The Administrative
Procedure Act does not permit the FAA to ``bootstrap'' a long-term
requirement into an urgent safety of flight action where the rule
becomes effective at the same time the public has the opportunity to
comment. The short-term action and the long-term action are analyzed
separately for justification to bypass prior public notice.
    (3) After issuing this AD, we may initiate further AD action
(notice of proposed rulemaking followed by a final rule) to require
the replacement of the pulley drive assembly part number (P/N)
T700G215504900000 with the new P/N T700G215505710000, and
reinstallation of the compressor drive belt as a terminating action.
Appropriate credit would be given for the initial actions done under
this AD.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to

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

Special Flight Permit

    (h) Under 14 CFR 39.23, we are limiting the special flight
permits for this AD under the following condition: The air-
conditioning ``AIR-COND'' switch is set to the ``OFF'' position.

Related Information

    (i) Refer to MCAI European Aviation Safety Agency (EASA)
Emergency AD No.: 2008-0067-E, dated April 3, 2008, and EADS SOCATA
Service Bulletin (SB) No. 70-156, Amendment 1, dated March 2008, for
related information.

Material Incorporated by Reference

    (j) You must use EADS SOCATA Service Bulletin (SB) No. 70-156,
original issue; or EADS SOCATA Service Bulletin (SB) No. 70-156,
Amendment 1, both dated March 2008, to do the actions required by
this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact EADS
SOCATA--Direction des Services, 65921 Tarbes Cedex 9, France;
telephone: +33 (0)5 62 41 73 00; fax: +33 (0)5 62 41 7-54; or in the
United States contact EADS SOCATA North America, Inc., North Perry
Airport, 7501 South Airport Road., Pembroke Pines, Florida 33023;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
    (3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri
64106; or 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 Kansas City, Missouri, on April 30, 2008.
Patrick R. Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-10066 Filed 5-8-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: February 13, 2009 (Volume 74, Number 29)]
[Proposed Rules]
[Page 7196-7198]
[DOCID:fr13fe09-10]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0125; Directorate Identifier 2009-CE-002-AD]
RIN 2120-AA64

Airworthiness Directives; Diamond Aircraft Industries GmbH Models
DA 40 and DA 40F Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    A number of wings manufactured by Diamond Aircraft Industries
Inc. in Canada have been found to exhibit voids in the adhesive
joint between the main spar caps and the upper wing skins. The
available information indicates that wings with voids continue to
meet the certification design limits, provided the voids are within
established criteria. However, to detect any wings that may have
voids exceeding these criteria, Diamond has issued Mandatory Service
Bulletin MSB-40-060 and MSB-F4-016 (single document) that describes
instructions for inspection of the aircraft that had these wings
installed during manufacture. Aircraft that have voids within the
inspection criteria may continue to operate without restriction,
pending the outcome of ongoing investigations. Aircraft that have
voids exceeding the inspection criteria must be repaired.

The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by March 16, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

Examining the AD Docket

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

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0125;
Directorate Identifier 2009-CE-002-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD No.: 2008-0224, dated December 16, 2008 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    A number of wings manufactured by Diamond Aircraft Industries
Inc. in Canada have been found to exhibit voids in the adhesive
joint between the main spar caps and the upper wing skins. The
available information indicates that wings with voids continue to
meet the certification design limits, provided the voids are within
established criteria. However, to detect any wings that may have
voids exceeding these criteria, Diamond has issued Mandatory Service
Bulletin MSB-40-060 and MSB-F4-016 (single document) that describes
instructions for inspection of the aircraft that had these wings
installed during manufacture. Aircraft that have voids within the
inspection criteria may continue to operate without restriction,
pending the outcome of ongoing investigations. Aircraft that have
voids exceeding the inspection criteria must be repaired.
    For the reasons described above, this EASA AD requires the
inspection of the affected aircraft to measure the voids in the
adhesive joint between the main spar caps and the upper wing skin,
the reporting of all findings to Diamond Aircraft Industries and the
repair of any voids exceeding the criteria as specified in the MSB.

Relevant Service Information

    Diamond Aircraft Industries GmbH has issued Mandatory Service
Bulletins No. MSB-40-060 and No. MSB-F4-016 (single document), dated
October 20, 2008. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

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

Differences Between This Proposed AD and the MCAI or Service
Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.

    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.

Costs of Compliance

    We estimate that this proposed AD will affect 649 products of U.S.
registry. We also estimate that it would take about 2 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $80 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $103,840, or $160 per product.
    Because a permanent resolution to this action has not yet been
determined, we have no way of determining the cost of any necessary
repairs or parts that may be required as a result of any proposed
inspection.

Authority for This Rulemaking

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

Regulatory Findings

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

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Diamond Aircraft Industries GmbH: Docket No. FAA-2009-0125;
Directorate Identifier 2009-CE-002-AD.

Comments Due Date

    (a) We must receive comments by March 16, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the following model and serial number
airplanes, certificated in any category: DA 40 airplanes serial
numbers 40.377, 40.420, 40.422, 40.644 through 40.693, 40.695
through 40.842, 40.844, 40.846 through 40.887, 40.889 through
40.912, 40.915 through 40.917, 40.919 through 40.929, 40.931,
40.932, 40.934 through 40.940, 40.944 through 40.949, 40.951 through
40.953, 40.955 through 40.957, 40.961, 40.964, and 40.971; and DA
40F airplanes, serial numbers 40.FC007 through 40.FC029.

Subject

    (d) Air Transport Association of America (ATA) Code 57: Wings.

Reason

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

    A number of wings manufactured by Diamond Aircraft Industries
Inc. in Canada have been found to exhibit voids in the adhesive
joint between the main spar caps and the upper wing skins. The
available information indicates that wings with voids continue to
meet the certification design limits, provided the voids are within
established criteria. However, to detect any wings that may have
voids exceeding these criteria, Diamond has issued Mandatory Service
Bulletin MSB-40-060 and MSB-F4-016 (single document) that describes
instructions for inspection of the aircraft that had these wings
installed during manufacture. Aircraft that have voids within the
inspection criteria may continue to operate without restriction,
pending the outcome of ongoing investigations. Aircraft that have
voids exceeding the inspection criteria must be repaired.
    For the reasons described above, this EASA AD requires the
inspection of the affected aircraft to measure the voids in the
adhesive joint between the main spar caps and the upper wing skin,
the reporting of all findings to Diamond Aircraft industries and the
repair of any voids exceeding the criteria as specified in the MSB.

Actions and Compliance

    (f) Unless already done, do the following actions following
Diamond Aircraft Industries GmbH Mandatory Service Bulletins No.
MSB-40-060 and No. MSB-F4-016 (single document), dated October 20,
2008:
    (1) Within the next 100 hours time-in-service (TIS) after the
effective date of this AD or within the next 3 months after the
effective date of this AD, whichever occurs first, inspect the
adhesive joint between the wing main spar caps and the upper wing
skin for adhesive voids.
    (2) Within the next 30 days after the inspection required in
paragraph (f)(1) of this AD or within 30 days after the effective
date of this AD, whichever occurs later, report the results to
Diamond Aircraft Industries following the instructions in Diamond
Aircraft Industries GmbH Mandatory Service Bulletins No. MSB-40-060
and No. MSB-F4-016 (single document), dated October 20, 2008.
    (3) If, as a result of the inspection required by paragraph
(f)(1) of this AD, an adhesive void is found that exceeds the
criteria specified in the service information, before further
flight, contact Diamond Aircraft Industries at Diamond Aircraft
Industries GmbH, N.A. Otto-Stra[beta]e 5, A-2700 Wiener Neustadt;
telephone: +43 2622 26700; fax: +43 2622 26780; email:
<EMAIL_ADDRESS>for approved repair instructions and
accomplish the repair accordingly.

FAA AD Differences

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

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Sarjapur Nagarajan, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies,

notify your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2008-0224, dated December 16, 2008; and Diamond Aircraft Industries
GmbH Mandatory Service Bulletins No. MSB-40-060 and No. MSB-F4-016
(single document), dated October 20, 2008, for related information.

    Issued in Kansas City, Missouri, on February 6, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
 [FR Doc. E9-3117 Filed 2-12-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: September 24, 2008 (Volume 73, Number 186)]
[Notices]
[Page 55067]
[DOCID:fr24se08-71]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER08-1528-000]

NorthWestern Corp.; Notice of Filing

September 17, 2008.
    Take notice that on September 12, 2008, NorthWestern Corporation
(NorthWestern) tendered for filing an executed Agreement for Regulating
Reserve Services under which Powerex Corp proposes to supply
NorthWestern with Regulating Reserves Service for an approximately two
year term beginning on January 1, 2009.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 pm Eastern Time on October 3, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-22278 Filed 9-23-08; 8:45 am]

BILLING CODE 6717-01-P


Exception section, a new License Exception STA paragraph to read as
follows:

8E001 ``Technology'' according to the General Technology Note for the
``development'' or ``production'' of equipment or materials, controlled
by 8A (except 8A018 or 8A992), 8B or 8C.

* * * * *

License Exceptions

* * * * *
    STA: License Exception STA may not be used to ship or transmit
``technology'' according to the General Technology Note for the
``development'' or ``production'' of equipment specified by 8A001.b,
8A001.c, 8A001.d, 8A002.b, 8A002.h, 8A002.j, 8A002.o.3 or 8A002.p to
any of the eight destinations listed in Sec.  740.20(c)(2) of the
EAR.
* * * * *

0
53. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 8, ECCN 8E002 is amended by adding at the end of the License
Exception section, a new License Exception STA paragraph to read as
follows:

8E002 Other ``technology'' as follows (see List of Items Controlled).

* * * * *

License Exceptions

* * * * *
    STA: License Exception STA may not be used to ship or transmit
technology in 8E002.a to any of the eight destinations listed in
Sec.  740.20(c)(2) of the EAR.
* * * * *

0
54. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 9, ECCN 9B001 is amended by adding at the end of the License
Exception section, a new License Exception STA paragraph to read as
follows:

9B001 Equipment, tooling and fixtures, specially designed for
manufacturing gas turbine blades, vanes or tip shroud castings, as
follows (see List of Items Controlled).

* * * * *

License Exceptions

* * * * *
    STA: License Exception STA may not be used to ship commodities
in 9B001.b to any of the eight destinations listed in Sec.
740.20(c)(2) of the EAR.
* * * * *

0
55. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 9, ECCN 9D001 is amended by adding at the end of the License
Exception section, a new License Exception STA paragraph to read as
follows:

9D001 ``Software'' specially designed or modified for the
``development'' of equipment or ``technology'', controlled by 9A
(except 9A018, 9A990 or 9A991), 9B (except 9B990 or 9B991) or 9E003.

* * * * *

License Exceptions

* * * * *
    STA: License Exception STA may not be used to ship or transmit
``software'' specially designed or modified for the ``development''
of equipment or ``technology'', specified by ECCNs 9B001.b. or
9E003.a.1, 9E003.a.2 to a.5, 9E003.a.8, or 9E003.h to any of the
eight destinations listed in Sec.  740.20(c)(2) of the EAR.
* * * * *

0
56. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 9, ECCN 9D002 is amended by adding at the end of the License
Exception section, a new License Exception STA paragraph to read as
follows:

9D002 ``Software'' specially designed or modified for the
``production'' of equipment controlled by 9A (except 9A018, 9A990, or
9A991) or 9B (except 9B990 or 9B991).

* * * * *

License Exceptions

* * * * *
    STA: License Exception STA may not be used to ship or transmit
``software'' specially

designed or modified for the ``production'' of equipment specified
by 9B001.b to any of the eight destinations listed in Sec.
740.20(c)(2) of the EAR.
* * * * *

0
57. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 9, ECCN 9D004 is amended by adding at the end of the License
Exception section, a new License Exception STA paragraph to read as
follows:

9D004 Other ``software'' as follows (see List of Items Controlled).

* * * * *

License Exceptions

* * * * *
    STA: License Exception STA may not be used to ship or transmit
software in 9D004.a and 9D004.c to any of the eight destinations
listed in Sec.  740.20(c)(2) of the EAR.
* * * * *

0
58. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 9, ECCN 9E001 is amended by adding at the end of the License
Exception section, a new License Exception STA paragraph to read as
follows:

9E001 ``Technology'' according to the General Technology Note for the
``development'' of equipment or ``software'', controlled by 9A001.b,
9A004 to 9A012, 9B (except 9B990 or 9B991), or 9D (except 9D990 or
9D991).

* * * * *

License Exceptions

* * * * *
    STA: License Exception STA may not be used to ship or transmit
any technology in this entry to any of the eight destinations listed
in Sec.  740.20(c)(2) of the EAR.
* * * * *

0
59. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 9, ECCN 9E002 is amended by adding at the end of the License
Exception section, a new License Exception STA paragraph to read as
follows:

9E002 ``Technology'' according to the General Technology Note for the
``production'' of equipment controlled by 9A001.b, 9A004 to 9A011 or 9B
(except 9B990 or 9B991).

* * * * *

License Exceptions

* * * * *
    STA: License Exception STA may not be used to ship or transmit
any technology in this entry to any of the eight destinations listed
in Sec.  740.20(c)(2) of the EAR.
* * * * *

0
60. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 9, ECCN 9E003 is amended by adding at the end of the License
Exception section, a new License Exception STA paragraph to read as
follows:

9E003 Other ``technology'' as follows (see List of Items Controlled).

* * * * *

License Exceptions

* * * * *
    STA: License Exception STA may not be used to ship or transmit
any technology in 9E003.a.1, 9E003.a.2 to a.5, 9E003.a.8, or 9E003.h
to any of the eight destinations listed in Sec.  740.20(c)(2) of the
EAR.
* * * * *

    Dated: June 8, 2011.
Gary Locke,
Secretary of Commerce.
[FR Doc. 2011-14705 Filed 6-15-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 25, 2007 (Volume 72, Number 206)]
[Notices]
[Page 60666]
[DOCID:fr25oc07-69]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R09-OAR-2007-0887; FRL-8487-4

Adequacy Status of Motor Vehicle Budgets in Submitted Eight-Hour
Ozone Attainment Plan for the Phoenix-Mesa Nonattainment Area for
Transportation Conformity Purposes; Arizona

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy.

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

SUMMARY: In this notice, EPA is notifying the public that the Agency
has found that the motor vehicle emissions budgets in the submitted
Eight-Hour Ozone Plan for the Maricopa Nonattainment Area (June 2007)
(``2007 MAG Eight-Hour Ozone Plan'') are adequate for transportation
conformity purposes. The 2007 MAG Eight-Hour Ozone Plan was submitted
to EPA on June 15, 2007 by the Arizona Department of Environmental
Quality as a revision to the Arizona state implementation plan. As a
result of our finding, the Maricopa Association of Governments (MAG)
and the Federal Highway Administration must use the motor vehicle
emissions budgets from the submitted eight-hour ozone attainment plan
for future conformity determinations.

DATES: This finding is effective November 9, 2007.

FOR FURTHER INFORMATION CONTACT: Wienke Tax, U.S. EPA, Region IX, Air
Division AIR-2, 75 Hawthorne Street, San Francisco, CA 94105-3901;
(520) 622-1622 or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    Today's notice is simply an announcement of a finding that we have
already made. EPA Region IX sent a letter, dated October 4, 2007, to
the Arizona Department of Environmental Quality on October 10, 2007
stating that the motor vehicle emissions budgets for volatile organic
compounds (VOC) and oxides of nitrogen (NOX) in the
submitted 2007 MAG Eight-Hour Ozone Plan for 2008 are adequate. The
budgets correspond to the Phoenix-Mesa 8-hour ozone nonattainment area,
which encompasses roughly half of Maricopa County, including the cities
of Phoenix and Mesa, and also the Apache Junction area of Pinal County,
in central Arizona. The finding is available at EPA's conformity Web
site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm.

The adequate motor vehicle emissions budgets (calculated for a Thursday
in 2008) are provided in the following table:

                Adequate Motor Vehicle Emissions Budgets
                        [In metric tons per day]
------------------------------------------------------------------------
                                                VOC motor     NOX motor
                                                 vehicle       vehicle
                 Budget year                    emissions     emissions
                                                 budget        budget
------------------------------------------------------------------------
2008........................................         67.9         138.2
------------------------------------------------------------------------

    Transportation conformity is required by Clean Air Act section
176(c). EPA's conformity rule requires that transportation plans,
transportation improvement programs, and projects conform to state air
quality implementation plans (SIPs) and establishes the criteria and
procedures for determining whether or not they do. Conformity to a SIP
means that transportation activities will not produce new air quality
violations, worsen existing violations, or delay timely attainment of
the national ambient air quality standards.
    The criteria by which we determine whether a SIP's motor vehicle
emission budgets are adequate for conformity purposes are outlined in
40 CFR 93.118(e)(4). The process for determining the adequacy of such
budgets is set forth at 40 CFR 93.118(f). Please note that an adequacy
review is separate from EPA's completeness review, and should not be
used to prejudge EPA's ultimate approval action for the SIP. Even if we
find a budget adequate, the SIP could later be disapproved.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: October 16, 2007.
Nancy Lindsay,
Acting Regional Administrator, Region IX.
 [FR Doc. E7-21073 Filed 10-24-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 187 (Tuesday, September 27, 2011)]
[Notices]
[Pages 59679-59680]
[FR Doc No: 2011-24756]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Docket No. CP11-56-000

Notice of Intent to Hold Public Meetings and Hear Public Comment
on the Proposed New Jersey-New York Expansion Project Draft
Environmental Impact Statement; Algonquin Gas Transmission, LLC; Texas
Eastern Transmission, LP

    On September 9, 2011, the staff of the Federal Energy Regulatory
Commission (FERC or Commission) issued the Draft Environmental Impact
Statement (draft EIS) for the proposed New Jersey-New York Expansion
Project (NJ-NY Project or Project) and mailed it to resource and land
management agencies, interested organizations, and individuals. The
draft EIS assesses the potential environmental effects of the

construction and operation of the NJ-NY Project in accordance with the
requirements of the National Environmental Policy Act of 1969 (NEPA).
    Any person wishing to comment on the draft EIS may do so. The
public comment deadline is October 31, 2011. In addition to or in lieu
of sending written comments, FERC staff invites you to attend one of
the public comment meetings conducted in the Project area, scheduled as
follows:

------------------------------------------------------------------------
             Date                               Location
------------------------------------------------------------------------
Monday, October 17, 2011,      P.S. 44--Thomas C. Brown School
 7:00 p.m..                     Auditorium, 80 Maple Parkway, Staten
                                Island, New York 10303.
Tuesday, October 18, 2011,     Knights of Columbus Hall, 669 Avenue C,
 7:00 p.m..                     Bayonne, New Jersey 07002.
Wednesday, October 19, 2011,   James J. Ferris High School Auditorium,
 7:00 p.m..                     35 Colgate Street, Jersey City, New
                                Jersey 07302.
Thursday, October 20, 2011,    P.S. 41--Greenwich Village School
 7:00 p.m..                     Auditorium, 116 West 11th Street, New
                                York, New York 10011.
------------------------------------------------------------------------

    The locations and times of these meetings will also be posted on
the Commission's calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx along with other relevant information. Interested
groups and individuals are encouraged to attend the public comment
meetings and present oral comments on the draft EIS. A transcript of
the meetings will be prepared and submitted to the docket for public
review.
    We expect to have numerous attendees and speakers at the meetings.
Based on the attendance at previous meetings, commentors may be
required to limit verbal presentations to 5 minutes or less; therefore,
we request you structure your comments so that they are as specific and
concise as possible. This will allow us to accommodate all who are
interested in speaking. If you would prefer, you may submit written
comments at the public meeting or directly to the FERC docket at your
convenience. Oral comments will not receive greater attention than
written comments. We will address oral and written comments equally.
    The draft EIS has been placed in the public files of the FERC and
is available for distribution and public inspection at: Federal Energy
Regulatory Commission, Public Reference Room, 888 First Street, NE,
Room 2A, Washington, DC 20426,<PHONE_NUMBER>.
    CD-ROM copies of the draft EIS were mailed to federal, state, and
local agencies; public interest groups; individuals who requested a
copy of the draft EIS or provided comments during scoping; libraries
and newspapers in the Project area; and parties to this proceeding.
Hard copy versions of the draft EIS were mailed to those specifically
requesting them. A limited number of hard copies and CD-ROMs are
available from the Public Reference Room identified above.
    Please note that copies of the CD-ROM were mailed with a postcard
that included a docket number for Algonquin Gas Transmission, LLC that
was incorrect. There is only one docket number for the Project: CP11-
56-000.
    Additional information about the Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC or on the
FERC (http://www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search,'' and enter the docket number
excluding the last three digits in the Docket Number field (i.e., CP11-
56). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at FercOnline
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>; for TTY, contact (202)
502-8659. The eLibrary link also provides access to the texts of formal
documents issued by the Commission, such as orders, notices, and
rulemakings.
    In addition, the Commission offers a free service called
eSubscription that 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. Go to http://www.ferc.gov/esubscribenow.htm.

    Dated: September 16, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-24756 Filed 9-26-11; 8:45 am]
BILLING CODE 6717-01-P