[Federal Register: January 29, 2010 (Volume 75, Number 19)]
[Notices]
[Page 4805-4809]
[DOCID:fr29ja10-49]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM10-12-000; 130 FERC ] 61,039]

Electricity Market Transparency Provisions of Section 220 of the
Federal Power Act

 January 21, 2010.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of inquiry.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) seeks
comments on whether the Commission's Electric Quarterly Report (EQR)
filing requirements should be applied to market participants that are
excluded from the Commission's jurisdiction under section 205 of the
Federal Power Act (FPA). This Notice of Inquiry will assist the
Commission in determining what changes, if any, should be made to its
regulations under the electric market transparency provisions of
section 220 of the FPA, as adopted in the Energy Policy Act of 2005
(EPAct 2005).

DATES: Comments are due March 30, 2010.

ADDRESSES: You may submit comments, identified by docket number by any
of the following methods:
     Agency Web Site: http://ferc.gov. Documents created
electronically using word processing software should be filed in native
applications or print-to-PDF format and not in a scanned format.
     Mail/Hand Delivery: Commenters unable to file comments
electronically must mail or hand deliver an original and 14 copies of
their comments to: Federal Energy Regulatory Commission, Secretary of
the Commission, 888 First Street, NE., Washington, DC 20426.
    Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Comment
Procedures Section of this document.

FOR FURTHER INFORMATION CONTACT:
Raymond Montini, Office of Enforcement, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426, (202) 502-
8714<EMAIL_ADDRESS>Christina Switzer (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>

    Before Commissioners: Jon Wellinghoff, Chairman; Marc Spitzer,
Philip D. Moeller, and John R. Norris.

Notice of Inquiry

Issued January 21, 2010

    1. In this Notice of Inquiry, the Federal Energy Regulatory
Commission (Commission) seeks comments on whether the Commission's
Electric Quarterly Report (EQR) \1\ filing requirements should be
applied to market participants that are excluded from the Commission's
jurisdiction under section 205 of the Federal Power Act (FPA).\2\
Section 201(f) of the FPA excludes certain entities (i.e., Federal
entities, municipalities, and certain cooperatives with Rural
Electrification Act financing and that sell less than 4,000,000 MWh of
electricity per year) from the Commission's jurisdiction.\3\ However,
section 201(b)(2) states that, notwithstanding section 201(f), several
sections of the FPA, including section 220,\4\ shall apply to the
entities described in those sections and such entities shall be subject
to the Commission's jurisdiction for the purposes of carrying out those
particular provisions. Section 220 of the FPA directs the Commission
``to facilitate price transparency in markets for the sale and
transmission of electric energy in interstate commerce * * *'' and
states that the Commission may obtain ``information about the
availability and prices of wholesale electric energy and transmission
service'' from ``any market participant.'' Thus, section 220 of the
FPA, when read in conjunction with section 201(b)(2), provides the
Commission with jurisdiction to require information regarding the
availability and prices of wholesale electric energy and transmission
service from market participants, including those that are typically
beyond the Commission's jurisdiction for other purposes.
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    \1\ At present, all public utilities, including power marketers,
must file EQRs summarizing contractual terms and conditions in their
agreements for all jurisdictional power sales. In addition to other
requirements, EQR filers must provide detailed transactional
information, including product type, price, quantity, duration and
receipt and delivery points.
    \2\ 16 U.S.C. 824d (2006).
    \3\ 16 U.S.C. 824(f) (2006).
    \4\ 16 U.S.C. 824t (2006).
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    2. This Notice of Inquiry will assist the Commission in determining
what changes, if any, should be made to its regulations under the
electric market transparency provisions of section 220 of the FPA, as
adopted in the Energy Policy Act of 2005 (EPAct 2005).\5\ In addition,
the Commission is considering other refinements to the existing EQR
filing requirements that may significantly enhance the effectiveness of
the information gathered.
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    \5\ EPAct 2005, Public Law 109-58, 119 Stat. 594. EPAct 2005
Sec.  1281(a)(1)-(2) states:
    (1) The Commission is directed to facilitate price transparency
in markets for the sale and transmission of electric energy in
interstate commerce, having due regard for the public interest, the
integrity of those markets, fair competition, and the protection of
consumers.
    (2) The Commission may prescribe such rules as the Commission
determines necessary and appropriate to carry out the purposes of
this section. The rules shall provide for the dissemination, on a
timely basis, of information about the availability and prices of
wholesale electric energy and transmission service to the
Commission, State commissions, buyers and sellers of wholesale
electric energy, users of transmission services, and the public.
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I. Background

A. Commission Authority

    3. EPAct 2005's transparency provisions \6\ enhance the
Commission's authority to collect ``information about the availability
and prices'' of natural gas and electricity sold at wholesale in
interstate commerce ``to facilitate price transparency.'' \7\ EPAct
2005 requires that the Commission consider the degree of price
transparency provided by existing price publishers and trade processing
services, and rely on such publishers and services to the maximum
extent possible.\8\ However, if the Commission determines that existing
price publications do not adequately provide price discovery or market
transparency, the Commission may establish an electronic information
system.\9\ EPAct 2005 also permits the Commission to require ``any
market participant,'' except for entities with a de minimis market
presence, to provide information with ``due regard for the public
interest, the integrity of those markets, fair competition, and the
protection of consumers.'' \10\
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    \6\ See EPAct 2005 Sec.  316 (codified as 15 U.S.C. 717t-2)
(amending the Natural Gas Act (NGA) to add the Natural Gas Market
Transparency Rules in section 23); EPAct 2005 Sec.  1281 (codified
as 16 U.S.C. 824t) (amending the FPA to add the Electricity Market
Transparency Rules in section 220).
    \7\ Id.
    \8\ Id.
    \9\ EPAct 2005 Sec.  1281(a)(4).
    \10\ EPAct 2005 Sec.  1281(d). In addition, EPAct 2005 Sec.
1281(b)(1-2) directs the Commission to exempt from disclosure
information that is ``detrimental to the operation of an effective
market or [that would] jeopardize system security,'' and ``to ensure
that consumers and competitive markets are protected from the
adverse effects of potential collusion or other anticompetitive
behaviors that can be facilitated by untimely public disclosure of
proprietary trading information.''
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    4. In 2006, Commission staff conducted an extensive outreach effort
to formulate options for implementing EPAct 2005's transparency
provisions for wholesale natural gas and electric markets. As a result,
the Commission used its new transparency authority to adopt additional
filing and posting requirements for the sale or transportation of
physical natural gas in interstate commerce. Specifically, Order No.
704 requires buyers and sellers of more than a de minimis volume of
natural gas to report aggregate volumes of relevant transactions in an
annual filing.\11\
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    \11\ Transparency Provisions of Section 23 of the Natural Gas
Act, Order No. 704, FERC Stats. & Regs. ] 31,260, at P 32 (2007),
order on reh'g, Order No. 704-A, 73 FR 55726 (Sept. 26, 2008), FERC
Stats. & Regs. ] 31,275 (2008), order dismissing reh'g and
clarification, Order No. 704-B, 125 FERC ] 61,302 (2008) (``Without
confidence in the basic processes of price formation, market
participants cannot have faith in the value of their transactions,
the public cannot believe that the prices they see are fair, and it
is more difficult for the Commission to ensure that jurisdictional
prices are `just and reasonable.' ''); see also, Pipeline Posting
Requirements under Section 23 of the Natural Gas Act, Order No. 720,
73 FR 73494 (Dec. 2, 2008), FERC Stats. & Regs. ] 31,283, at P 3
(2008), order on reh'g, Order No. 720-A, 130 FERC ] 61,040 (2010).
In addition, if a market participant buys or sells less than a de
minimis volume, but operates under blanket sales certificate
authority pursuant to section 284.402 or section 284.284 of the
Commission's regulations, then it must make a filing with the
Commission for identification and reporting purposes. However, it is
not required to report aggregate volumes of relevant transactions. A
market participant that buys or sells less than a de minimis volume
and does not operate under blanket sales certificate authority is
not required to make an annual filing with the Commission.
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    5. In exercising its new market transparency authority, the
Commission explained that it required information from a market
participant regardless of whether it is subject to the Commission's
traditional jurisdiction because ``[p]rice formation in natural gas
markets makes no distinction between transactions that are
jurisdictional.'' The Commission further explained that the ``final
rule will facilitate transparency of the price formation process in
natural gas markets by collecting information to understand in broad
terms the size of the natural gas market and the use of fixed prices
and of index prices.'' In turn, this information

further[s] the Commission's efforts to monitor price formation in
the wholesale natural gas markets, which supports the Commission's
market-oriented policies for the wholesale natural gas industries.
[Such] policies require that interested persons have broad
confidence that reported market prices accurately reflect the
interplay of legitimate market forces. Without confidence in the
basic processes of price formation, market participants cannot have
faith in the value of their transactions, the public cannot believe
that the prices they see are fair, and it is more difficult for the
Commission to ensure that

jurisdictional prices are ``just and reasonable.'' \12\

    \12\ Order No. 704, FERC Stats. & Regs. ] 31,260 at P 7.
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    6. In Order No. 720, the Commission required major non-interstate
pipelines to post scheduled flow information and information for each
receipt and delivery point with a design capacity greater than 15,000
MMBtu per day.\13\ Order No. 720 also requires interstate pipelines to
post information regarding no-notice service.\14\ Similar to the
Commission's reasoning in Order No. 704, the Commission explained that
Order No. 720's

    \13\ Order No. 720, FERC Stats. & Regs. ] 31,283 at P 1. Issued
contemporaneously with this order is Order No. 720-A, which broadly
affirms Order No. 720, but grants certain requests for rehearing and
clarification, including a finding that major non-interstate
pipelines must post scheduled flow data for virtual or pooling
points, subject to certain conditions.
    \14\ Id.
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posting requirements . . . are grounded in the Commission's
authority under section 23 of the NGA (as added by EPAct 2005),
which directs the Commission, in relevant part, to obtain and
disseminate `information about the availability and prices of
natural gas at wholesale and in interstate commerce.' This provision
enhances the Commission's authority to ensure confidence in the
nation's natural gas markets. The Commission's market-oriented
policies for the wholesale natural gas industry require that
interested persons have broad confidence that reported market prices
accurately reflect the interplay of legitimate market forces.
Without confidence in the efficiency of price formation, the true
value of transactions is very difficult to determine.\15\
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    \15\ Id. P 3.

    7. In the Natural Gas Transparency Notice of Proposed Rulemaking
(NOPR), the Commission declined to extend such requirements to
wholesale electric markets because, at the time, the Commission was
considering other reforms to its regulation of electric markets.\16\ In
particular, the Commission referred to its open access transmission
service reforms and the more general review of competition in wholesale
electric markets.\17\ These efforts eventually led to two final rules.
In Order No. 890, the Commission exercised its remedial authority ``to
limit further opportunities for undue discrimination, by minimizing
areas of discretion, addressing ambiguities and clarifying various
aspects of the pro forma [Open Access Transmission Tariff].'' \18\
Moreover, in Order No. 719, the Commission made reforms ``to improve
the operation [and competitiveness] of organized wholesale electric
power markets'' in connection with ``fulfilling its statutory mandate
to ensure supplies of electric energy at just, reasonable and not
unduly discriminatory or preferential rates.'' \19\ Nonetheless, these
final rules did not specifically address the facilitation of price
transparency in electric markets. As a result, the Commission now seeks
comments on whether the EQR filing requirements should be applied to
market participants that are excluded from the Commission's
jurisdiction under section 205 of the FPA.
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    \16\ See Transparency Provisions of Section 23 of the Natural
Gas Act; Transparency Provisions of the Energy Policy Act, Notice of
Proposed Rulemaking, FERC Stats. & Regs. 32,614, at P 9-11 (2007)
(Natural Gas Transparency NOPR) (``The Commission does not propose
action with respect to electric markets at this time. The Commission
has recently addressed and is currently addressing electric market
transparency in other proceedings.'').
    \17\ Id.
    \18\ Preventing Undue Discrimination and Preference in
Transmission Service, Order No. 890, FERC Stats. & Regs. ] 31,241,
at P 40, order on reh'g, Order No. 890-A, FERC Stats. & Regs. ]
31,261 (2007), order on reh'g and clarification, Order No. 890-B, 73
FR 39092 (Jul. 8, 2008), 123 FERC ] 61,299 (2008), order on reh'g,
Order No. 890-C, 126 FERC ] 61,228 (2009), order on clarification,
Order No. 890-D, 129 FERC ] 61,126 (2009).
    \19\ Wholesale Competition in Regions with Organized Electric
Markets, Order No. 719, 73 FR 64100 (Oct. 28, 2008), FERC Stats. &
Regs. ] 31,281, at P 1 (2008), order on reh'g, Order No. 719-A, 74
FR 37776 (Jul. 29, 2009), FERC Stats. & Regs. ] 31,292 (2009), order
denying reh'g and providing clarification, Order No. 719-B, 129 FERC
] 61,252 (2009).
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B. Current Collection and Uses of EQR Data

    8. At present, market participants that fall within the
Commission's jurisdiction under section 205(c) of the FPA must file
EQRs summarizing contractual terms and conditions in their agreements
for all jurisdictional services, including market-based rate power
sales, cost-based rate power sales and transmission service sales that
are part of power sales. EQR filers also must provide detailed
transactional information, including product type, price, quantity,
duration and receipt and delivery points for all power sales.
    9. As explained in Order No. 2001, one goal of the EQR is to ensure
that customers and the Commission have the information ``to identify
situations that indicate the possible exercise of market power that
warrant specific investigation.'' \20\ Requiring EQR information from
market participants that are excluded from the Commission's section 205
jurisdiction will enhance the Commission's ability to effectively
examine and monitor: (1) Price formation; (2) the number of sales; and
(3) the market concentration occurring in electric markets where market
participants that are excluded from the Commission's section 205
jurisdiction play a large role.\21\ Because numerous market
participants that are excluded from the Commission's section 205
jurisdiction do not file EQRs, a jurisdictional seller's market
presence (i.e., its role in price formation) is difficult to
determine.\22\ Obtaining more complete price and volume information for
sales of electricity will increase the Commission's ability to monitor
power sales for indications of market power and manipulation.
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    \20\ Revised Public Utility Filing Requirements, Order No. 2001,
FERC Stats. & Regs. ] 31,127, at P 1,4, reh'g denied, Order No.
2001-A, 100 FERC ] 61,074, reh'g denied, Order No. 2001-B, 100 FERC
] 61,342, order directing filing, Order No. 2001-C, 101 FERC ]
61,314 (2002), order directing filing, Order No. 2001-D, 102 FERC ]
61,334 (2003).
    \21\ The Energy Information Administration's Electric Power
Industry Overview 2007 estimated that 29 percent of electric utility
sales are made by publicly-owned electric utilities (municipals,
public utility districts or public power districts, State
authorities, irrigation districts, and joint municipal action
agencies), consumer-owned rural electric cooperatives, and Federal
electric utilities. Energy Information Administration, Electric
Power Industry Overview 2007 (March 2009), http://www.eia.doe.gov/
cneaf/electricity/page/prim2/toc2.html.
    \22\ For example, obtaining the sales information from market
participants that are excluded from the Commission's jurisdiction
under section 205 of the FPA in the West and Southeast would enhance
Commission staff's ability to assess market conditions and identify
the sales volumes transacted at major trading hubs in these regions.
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    10. In addition, the EQR assists the Commission's analysis of
whether to grant a seller market-based rate authority (ex ante
analysis) and provides an after the fact look at market-based rate
authorization (ex post analysis).\23\ Collecting information from
market participants that are excluded from the Commission's section 205
jurisdiction would strengthen the Commission's regulatory scheme and
enhance its oversight of the market-based rate program.
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    \23\ Ex post analysis includes ongoing oversight (EQR post
analysis) and a timely reconsideration of market-based rate
authorization (triennial review). Ongoing EQR post analysis is
conducted by Commission staff after each quarterly filing. A
triennial review is an updated market power analysis filed every
three years by large jurisdictional sellers that have been granted
market-based rate authorization. The filing includes, among other
things, representations of how the seller satisfies the Commission's
concerns with regard to horizontal and vertical market power.
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    11. For instance, the Commission's ex ante analysis of whether to
grant a seller market-based rate authority \24\ may

include, among other things, a detailed review of price data. One tool
used by the Commission is the delivered price test (DPT),\25\ a well-
established test that has been used routinely to analyze market power
for market-based rate authorizations and merger analyses. Commission
staff and outside parties preparing a DPT analysis rely on proxy prices
and published price indices to determine the price at which market
participants that do not file EQRs may be able to deliver power. A
better approach would be to obtain more complete price and volume
information for sales of electricity to more accurately reflect market
prices, improve the quality of the DPT results and assist the
Commission in determinations regarding the ability of sellers to
exercise market power. Further, market participants also will benefit
as a result of having more transparency in the market because enhanced
transparency will provide more information for market participants to
make decisions regarding the value of transactions. In addition, with
regard to mergers and acquisitions, because the DPT is a primary tool
used to evaluate the effect on competition, obtaining power sales
information from market participants that are excluded from the
Commission section 205 jurisdiction will provide a better basis for
consideration of whether to approve merger/acquisition proposals under
section 203 of the FPA.\26\
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    \24\ The Commission's market-based rate program does not rely on
an ex ante finding alone, but instead depends on a consistent review
of transaction data to ensure that such rates are just and
reasonable. In approving the Commission's market-based rate program,
the Ninth Circuit upheld the Commission's program because it relies
on a ``system [that] consists of a finding that the applicant lacks
market power (or has taken sufficient steps to mitigate market
power), coupled with strict reporting requirements to ensure that
the rate is `just and reasonable' and that markets are not subject
to manipulation.'' State of California, ex rel. Bill Lockyer v.
FERC, 383 F.3d 1006, 1013 (9th Cir. 2004), cert. denied (S. Ct. Nos.
06-888 and 06-1100, June 18, 2007)).
    \25\ The DPT defines the relevant market by identifying
potential suppliers based on market prices, input costs and
transmission availability, and then calculates each supplier's
economic capacity and available economic capacity for each season/
load condition. Market-Based Rates For Wholesale Sales Of Electric
Energy, Capacity And Ancillary Services By Public Utilities, Order
No. 697, FERC Stats. & Regs. ] 31,252, at P 106 (2007), clarified,
121 FERC ] 61,260 (2007), order on reh'g, Order No. 697-A, 73 FR
25832 (May 7, 2008), FERC Stats. & Regs. ] 31,268, order on reh'g,
Order No. 697-B, FERC Stats. & Regs. ] 31,285 (2008), order on
reh'g, Order No. 697-C, FERC Stats. & Regs. ] 31,291 (2009). The
Commission requires the DPT if a seller fails one of the indicative
screens. The indicative screens analyze the number of megawatts of
capacity an applicant owns or controls, rather than analyzing actual
price data. However, ``sellers that do not pass the indicative
screens are allowed to provide additional analysis for Commission
consideration,'' including price data. Id. P 62.
    \26\ 16 U.S.C. 824b (2006).
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    12. Ex post analysis using market information from market
participants that are excluded from the Commission's section 205
jurisdiction would provide the Commission with critical information to
consider whether, based on actual sales data,\27\ a seller with market-
based rate authority has obtained an excessive market share since the
original authorization to transact at market-based rates or since its
last review of such rates. Ex post analyses that fail to include sales
by all market participants, except for those with a de minimis market
presence, are under-inclusive and may provide unreliable results. In
addition, because market information from market participants that are
excluded from the Commission's section 205 jurisdiction is not
available, the Commission is not able to compare prices for power sold
by section 205 jurisdictional sellers with those prices of certain
sellers in the same market. The Commission's post-approval reporting
requirements are a crucial aspect of the Commission's market-based rate
program.\28\ Thus, requiring market participants that are excluded from
the Commission's section 205 jurisdiction to file market information
would improve the quality of the information available to the
Commission and enhance staff's ability to evaluate jurisdictional
markets.
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    \27\ The use of actual sales information is consistent with the
analysis used by the Department of Justice's Antitrust Division and
the Federal Trade Commission.
    \28\ As noted above, the Ninth Circuit upheld the Commission's
market-based rate regulatory scheme and found that it was valid due
to the Commission's ``dual requirement of an ex ante finding of the
absence of market power and sufficient post-approval reporting
requirements.'' State of California, ex rel. Bill Lockyer, Attorney
General of the State of California, 125 FERC ] 61,016 (2008)
(denying the California Parties' request for rehearing).
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C. Refinements to Existing EQR Requirements

    13. In combination with the broader effort to improve the
Commission's access to information about the availability and prices of
wholesale sales of electricity outlined above, the Commission is also
considering other refinements to the existing EQR filing requirements
that may significantly enhance the effectiveness of the information.
The specific refinements include: (1) Reporting the trade date (i.e.,
the date on which a transaction price is set) and the type of rate
(i.e., fixed price, a formula, or an index); (2) reporting resales of
financial transmission rights in secondary markets; (3) standardizing
the unit for reporting energy and capacity transactions (i.e., dollars
per MWh and dollars per MW/month); and (4) omitting the time zone from
the contract section of the EQR.

II. Discussion

    14. Applying the EQR filing requirements to all market participants
that are excluded from the Commission's section 205 jurisdiction,
except for those with a de minimis market presence, would aid the
Commission's oversight and surveillance of wholesale electric markets
and increase price transparency for market participants. The Commission
requests comments on what EQR information should be obtained from these
market participants for the Commission to ensure that electricity
markets are transparent. Specifically, the Commission requests comments
on the following questions:
    (1) Should the Commission extend EQR filing requirements to market
participants that are excluded from the Commission's section 205
jurisdiction?
    (2) Should the Commission establish a threshold pursuant to which
market participants (that are excluded from the Commission's
jurisdiction under section 205 of the FPA) with a de minimis market
presence would not be subject to the EQR filing requirements? If so,
what should that threshold be and on what basis should it be
established (i.e., by total annual sales, total annual sales for
resale, power exchanges delivered)?
    (3) Would extending the EQR reporting requirements to market
participants that are excluded from the Commission's section 205
jurisdiction impact liquidity (e.g., the number of power sales) or the
amount of power made available in the markets? If so how, and, to the
extent possible, quantify it.
    (4) What specific information should the Commission require to be
filed? Include specific data elements from the Commission's EQR Data
Dictionary, version 1.1 (issued October 28, 2008) and explain why the
information with respect to these specific data elements should be
required.
    (5) Are there certain EQR filing requirements that should not
extend to market participants that are excluded from the Commission's
section 205 jurisdiction? If so, specify the data elements from the
Commission's EQR Data Dictionary, version 1.1 (issued October 28, 2008)
and explain why the information with respect to these specific data
elements should not be required.
    (6) What would the burden be on market participants that are
excluded from the Commission's section 205 jurisdiction that must adapt
their existing systems to be able to provide the information to comply
with the Commission's EQR filing requirements?

Please estimate the amount of time and resources that would be
necessary for market participants that are excluded from the
Commission's section 205 jurisdiction to comply with the Commission's
EQR filing requirements and provide explanation and support for any
estimate.
    15. In addition, as described above in section I.C., the Commission
is evaluating whether refinements are needed to improve the
effectiveness and analytical potential of the existing EQR filing
requirements. Accordingly, the Commission requests comments on the
following additional questions:
    (7) Should the EQR filing requirements include the date on which
parties to a reported transaction agreed upon a price (trade date) and
type of rate by which the price was set (i.e., fixed price, a formula,
or an index)? If so, how should the trade date be defined and are there
any issues in determining the trade date for sales under master
agreement or evergreen contracts?
    (8) Should the Commission collect information about the resale of
financial transmission rights in secondary markets? Would collecting
this information enhance market transparency? If so, what current EQR
filing requirements should be imposed on resales of financial
transmission rights in secondary markets? Include data elements from
the Commission's EQR Data Dictionary, version 1.1 (issued October 28,
2008) and explain how the information with respect to these specific
data elements would improve market transparency. In addition, identify
all other filing requirements that may be applicable to resales of
financial transmission rights in secondary markets that are not current
EQR filing requirements and explain whether and, if so, how collection
of the information would improve market transparency.
    (9) Should the Commission require market participants to use a
standardized unit for reporting energy and capacity transactions (i.e.,
$/MWh or $/MWmonth for energy and $/MW or $/KW for capacity)? Would
requiring market participants to use a standardized unit enhance market
transparency?
    (10) Should the Commission eliminate the requirement to report the
time zone in the contract section of the EQR? Would doing so be
detrimental to the market as a whole?

III. Comment Procedures

    16. The Commission invites interested persons to submit comments on
the matters and issues proposed in this notice to be adopted, including
any related matters or alternative proposals that commenters may wish
to discuss. Comments are due March 30, 2010. Comments must refer to
Docket No. RM10-12-000, and must include the commenter's name, the
organization they represent, if applicable, and their address in their
comments.
    17. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's Web site at http://
www.ferc.gov. The Commission accepts most standard word processing
formats. Documents created electronically using word processing
software should be filed in native applications or print-to-PDF format
and not in a scanned format. Commenters filing electronically do not
need to make a paper filing.
    18. Commenters that are not able to file comments electronically
must send an original and 14 copies of their comments to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street, NE., Washington, DC 20426.
    19. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.

IV. Document Availability

    20. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through FERC's Home Page (http://www.ferc.gov) and in FERC's
Public Reference Room during normal business hours (8:30 a.m. to 5 p.m.
Eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426.
    21. From FERC's Home Page on the Internet, this information is
available on eLibrary. The full text of this document is available on
eLibrary in PDF and Microsoft Word format for viewing, printing, and/or
downloading. To access this document in eLibrary, type the docket
number excluding the last three digits of this document in the docket
number field.
    22. User assistance is available for eLibrary and the FERC's Web
site during normal business hours from FERC Online Support at 202-502-
6652 (toll free at 1-866-208-3676) or e-mail at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. E-mail the Public Reference Room at
<EMAIL_ADDRESS>
    By the Commission. Commissioner Norris voting present.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-1545 Filed 1-28-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Notices]
[Pages 35803-35805]
[FR Doc No: 2021-14461]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2020-E-2223]

Determination of Regulatory Review Period for Purposes of Patent
Extension; BARHEMSYS

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for BARHEMSYS and is publishing
this notice of that determination as required by law. FDA has made the
determination because of the submission of an application to the
Director of the U.S. Patent and Trademark Office (USPTO), Department of
Commerce, for the extension of a patent which claims that human drug
product.

DATES: Anyone with knowledge that any of the dates as published (see
SUPPLEMENTARY INFORMATION) are incorrect may submit either electronic
or written comments and ask for a redetermination by September 7, 2021.
Furthermore, any interested person may petition FDA for a determination
regarding whether the applicant for extension acted with due diligence
during the regulatory review period by January 3, 2022. See
``Petitions'' in the SUPPLEMENTARY INFORMATION section for more
information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before September 7, 2021. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of September 7, 2021. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submission'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management

Staff, FDA will post your comment, as well as any attachments, except
for information submitted, marked and identified, as confidential, if
submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2020-E-2223 for ``Determination of Regulatory Review Period for
Purposes of Patent Extension; BARHEMSYS.'' Received comments, those
filed in a timely manner (see ADDRESSES), will be placed in the docket
and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-
402-7500.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with Sec.  10.20 (21 CFR 10.20) and
other applicable disclosure law. For more information about FDA's
posting of comments to public dockets, see 80 FR 56469, September 18,
2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug product, animal drug product, medical device, food
additive, or color additive) was subject to regulatory review by FDA
before the item was marketed. Under these acts, a product's regulatory
review period forms the basis for determining the amount of extension
an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the drug becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of USPTO may award
(for example, half the testing phase must be subtracted as well as any
time that may have occurred before the patent was issued), FDA's
determination of the length of a regulatory review period for a human
drug product will include all of the testing phase and approval phase
as specified in 35 U.S.C. 156(g)(1)(B).
    FDA has approved for marketing the human drug product BARHEMSYS
(amisulpride) indicated in adults for: (1) Prevention of postoperative
nausea and vomiting (PONV) either alone or in combination with an
antiemetic of a different class, or (2) treatment of PONV in patients
who have received antiemetic prophylaxis with an agent of a different
class or have not received prophylaxis. Subsequent to this approval,
the USPTO received a patent term restoration application for BARHEMSYS
(U.S. Patent No. 9,084,765) from Acacia Pharma Limited and the USPTO
requested FDA's assistance in determining the patent's eligibility for
patent term restoration. In a letter dated December 14, 2020, FDA
advised the USPTO that this human drug product had undergone a
regulatory review period and that the approval of BARHEMSYS represented
the first permitted commercial marketing or use of the product.
Thereafter, the USPTO requested that FDA determine the product's
regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
BARHEMSYS is 2,960 days. Of this time, 2,085 days occurred during the
testing phase of the regulatory review period, while 875 days occurred
during the approval phase. These periods of time were derived from the
following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 355(i)) became effective:
January 21, 2012. FDA has verified the applicant's claim that the date
the investigational new drug application became effective was on
January 21, 2012.
    2. The date the application was initially submitted with respect to
the human drug product under section 505 of the FD&C Act: October 5,
2017. FDA has verified the applicant's claim that the new drug
application (NDA) for BARHEMSYS (NDA 209510) was initially submitted on
October 5, 2017.
    3. The date the application was approved: February 26, 2020. FDA
has verified the applicant's claim that NDA 209510 was approved on
February 26, 2020.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its application for patent extension,
this applicant seeks 1,085 days of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in Sec.  60.30 (21 CFR 60.30), any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period.
To meet its burden, the petition must comply with all the requirements
of Sec.  60.30, including but not limited to: Must be timely (see
DATES), must be filed in accordance with Sec.  10.20, must contain
sufficient facts to merit an FDA

investigation, and must certify that a true and complete copy of the
petition has been served upon the patent applicant. (See H. Rept. 857,
part 1, 98th Cong., 2d sess., pp. 41-42, 1984.) Petitions should be in
the format specified in 21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: June 25, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-14461 Filed 7-6-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: January 30, 2008 (Volume 73, Number 20)]
[Notices]
[Page 5547]
[DOCID:fr30ja08-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP07-398-000; CP07-399-000; CP07-400-000; CP07-401-000;
CP07-402-000; CP07-403-000]

Gulf Crossing Pipeline Company LLC; Gulf South Pipeline Company,
LP; Enogex Inc.; Notice of Meeting

January 24, 2008.
    On January 30, 2008, staff of the Office of Energy Projects (OEP)
will hold a meeting on the pending applications in the above referenced
dockets. The purpose of the meeting is to discuss various procedural,
tariff, and environmental matters.
    The meeting will be held on Wednesday, January 30, 2008 at 2:30
p.m. (EST), in Room 62-26 at the Commission Headquarters in Washington,
DC, and is open to the public.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-1638 Filed 1-29-08; 8:45 am]

BILLING CODE 6717-01-P


STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 4

OPEN FIRES

Effective 2 August 1967

Last Amended 19 July 2007

AUTHORITY:	These regulations are authorized pursuant to R.I. Gen. Laws
§ 42-17.1-2(s) and 23-23, as amended, and have been promulgated
pursuant to the procedures set forth in the R.I. Administrative
Procedures Act, R.I. Gen. Laws Chapter 42-35.

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 4

OPEN FIRES

Definitions

Unless otherwise expressly defined in this section, the terms used in
this regulation shall be defined by reference to the Rhode Island Air
Pollution Control General Definitions Regulation.  As used in this
regulation, the following terms shall, where the context permits, be
construed as follows:

"Open fire,” means any fire from which the products of combustion are

emitted directly into the open air without passing through a stack.

"Solid waste management facility" means any plant, structure, equipment
and

other real and personal property acquired, constructed or operated for
the purpose of processing, treating or disposing of solid wastes but not
segregated solid waste.

"Hazardous waste disposal facility" means real and personal property
acquired, constructed or operated for the purpose of the disposal of
hazardous waste.

Prohibition

It shall be unlawful for any person to burn any material in an open fire
at a solid waste management facility and/or hazardous waste disposal
facility or in connection with any salvage, industrial, commercial or
institutional operation.

Exemptions

The following shall not be subject to this regulation:

Open burning for weed abatement or pest control after receiving written
approval from the Director.

Bonfires composed of clean, untreated wood or cellulose derivatives for
festive occasions conducted by an institution.

Open burning of solid or liquid fuels or structures for the purpose of
instruction and training of municipal, volunteer and industrial
firefighters in the method of fighting fires when conducted under the
direct control and supervision of qualified instructors after receiving
written approval from the Director.

Open burning of combustible material after demonstration to the
satisfaction of the Director that no alternative and practical method of
disposal of said material is available. Alternative disposal methods may
include chipping, cutting for forest products, landfilling, piling for
protective cover for wildlife and others.  Persons wishing to burn must
receive written approval from the Director and demonstrate that approval
has been granted by the municipality in which burning is to take place.
Such burning must be conducted:

during periods of good atmospheric ventilation.

without causing a nuisance.

With smoke minimizing starters if starters or starting aids are used.

Effect on Local Ordinances

This regulation does not preclude a municipality from prohibiting or
attaching any more stringent conditions to any open burning

General Provisions

Purpose

The purpose of this regulation is to prohibit burning of any material in
an open fire at a solid waste facility and/or hazardous waste disposal
facility or in connection with any salvage, industrial, commercial or
institutional operation.

Authority

These regulations are authorized pursuant to R.I. Gen. Laws §
42-17.1-2(s) and 23-23, as amended, and have been promulgated pursuant
to the procedures set forth in the R.I. Administrative Procedures Act,
R.I. Gen. Laws Chapter 42-35

Application

The terms and provisions of this regulation shall be liberally construed
to permit the Department to effectuate the purposes of state law, goals
and policies.

Severability

If any provision of this regulation or the application thereof to any
person or circumstance, is held invalid by a court of competent
jurisdiction, the validity of the remainder of the regulation shall not
be affected thereby.

Effective Date

The foregoing regulation, "Open Fires”, as amended, after due notice,
is hereby adopted and filed with the Secretary of State this __29th__
day of __June___, 2007__ to become effective twenty (20) days
thereafter, in accordance with the provisions of Chapters 23-23, 42-35,
42-17.1, 42-17.6, of the General Laws of Rhode Island of 1956, as
amended.

W. Michael Sullivan, PhD., Director

Department of Environmental Management

Notice Given on:	February 21, 2007

Public Hearing held:	 March 23, 2007

Filing Date:	June 29, 2007

Effective Date:	July 19, 2007

Page   PAGE  3  of 3


[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Proposed Rules]
[Pages 49213-49217]
[FR Doc No: 2013-19528]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0692; Directorate Identifier 2012-NM-024-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede airworthiness directive (AD) 2011-14-
06 that applies to all Airbus Model A318, A319, A320, and A321 series
airplanes. That AD currently requires revising the maintenance program.
Since we issued that AD, we have determined that more restrictive
limitations are necessary. This proposed AD would require revising the
maintenance program to incorporate new limitations. We are proposing
this AD to prevent fatigue cracking, accidental damage, or corrosion in
principal structural elements, and possible failure of certain life
limited parts, which could result in reduced structural integrity of
the airplane.

DATES: We must receive comments on this proposed AD by September 27,
2013.

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, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0692;
Directorate Identifier 2012-NM-024-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On June 24, 2011, we issued AD 2011-14-06, Amendment 39-16741 (76
FR 42024, July 18, 2011). That AD required actions intended to address
an unsafe condition on the products listed above.
    Since we issued AD 2011-14-06, Amendment 39-16741 (76 FR 42024,
July 18, 2011), we have determined that more restrictive limitations
are necessary. The European Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, has
issued EASA Airworthiness Directive 2012-0008, dated January 16, 2012
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:

The airworthiness limitations for Airbus aeroplanes are currently
published in Airworthiness Limitations Section (ALS) documents. The
airworthiness limitations applicable to the Safe Life Airworthiness
Limitation Items (SL ALI) are specified in Airbus A318/A319/A320/
A321 ALS Part 1, which is approved by the European Aviation Safety
Agency (EASA).
EASA AD 2006-0162 [which corresponds to FAA AD 2007-20-05, Amendment
39-15215 (72 FR 56262, October 3, 2007) which was superseded by FAA
AD 2011-14-06, Amendment 39-16741 (76 FR 42024, July 18, 2011)] was
issued to require the implementation of the instructions and
airworthiness limitations as specified in Airbus A318/A319/A320/A321
ALS Part 1 original issue. Failure to comply with the instructions
of ALS Part 1 could result in an unsafe condition.
This [EASA] AD retains the requirements of EASA AD 2006-0162, which
is superseded, extends the applicability by adding the Models A318-
121, A318-122, A320-215 and A320-216, and requires the
implementation of the instructions and airworthiness limitations as
specified in Airbus A318/A319/A320/A321 ALS part 1 revision 02,
approved on 13 May 2011.

The unsafe condition is fatigue cracking, accidental damage, or
corrosion in principal structural elements and possible failure of
certain life limited parts, which could result in reduced structural
integrity of the airplane. The required actions also include revising
the maintenance program to include Airbus A318/A319/A320/A321 ALS Part
4--Ageing Systems Maintenance, dated January 8, 2008. You may obtain
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued A318/A319/A320/A321 ALS Part 1--Safe Life
Airworthiness Limitation Items, Revision 02, dated May 13, 2011; and
A318/A319/A320/A321 ALS Part 4--Ageing Systems Maintenance, dated
January 8, 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 This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation

in the United States. Pursuant to our bilateral agreement with the
State of Design Authority, we have been notified of the unsafe
condition described in the MCAI and service information referenced
above. We are proposing this AD because we evaluated all pertinent
information and determined an unsafe condition exists and is likely to
exist or develop on other products of the same type design.
    This proposed AD requires revisions to certain operator maintenance
documents to include new actions. Compliance with these actions is
required by section 91.403(c) of the Federal Aviation Regulations (14
CFR 91.403(c)). For airplanes that have been previously modified,
altered, or repaired in the areas addressed by these inspections, an
operator might not be able to accomplish the actions described in the
revisions. In this situation, to comply with 14 CFR 91.403(c), the
operator must request approval of an alternative method of compliance
(AMOC) in accordance with the provisions of paragraph (o) of this
proposed AD. The request should include a description of changes to the
required inspections that will ensure the continued damage tolerance of
the affected structure and the continued operational safety of the
airplane.

Differences Between This AD and the MCAI or Service Information

    Although the MCAI requires revising the maintenance program to
include the incorporation of Airbus A318/A319/A320/A321 ALS Part 1--
Safe Life Airworthiness Limitation Items, Revision 02, dated May 13,
2011, this AD also requires revising the maintenance program to include
the incorporation of Airbus A318/A319/A320/A321 ALS Part 4--Ageing
Systems Maintenance, dated January 8, 2008. This difference has been
coordinated with EASA.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 851 products of U.S. registry.
    The actions that are required by AD 2011-14-06, Amendment 39-16741
(76 FR 42024, July 18, 2011), and retained in this proposed AD take
about 1 work-hour per product, at an average labor rate of $85 per work
hour. Based on these figures, the estimated cost of the currently
required actions is $85 per product.
    We estimate that it would take about 1 work-hour per product to
comply with the new basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of the proposed AD on U.S. operators to be $72,335, or $85 per
product.

Authority for This Rulemaking

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

Regulatory Findings

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

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 removing airworthiness directive (AD)
2011-14-06, Amendment 39-16741 (76 FR 42024, July 18, 2011), and adding
the following new AD:

Airbus: Docket No. FAA-2013-0692; Directorate Identifier 2012-NM-
024-AD.

(a) Comments Due Date

    We must receive comments by September 27, 2013.

(b) Affected ADs

    This AD supersedes AD 2011-14-06, Amendment 39-16741 (76 FR
42024, July 18, 2011).

(c) Applicability

    This AD applies to all Airbus Model A318-111, -112, -121, and -
122 airplanes; Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes; Model A320-111, -211, -212, -214, -231, -232,
and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -
213, -231, and -232 airplanes; certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Periodic
inspections.

(e) Reason

    This AD was prompted by a determination that more restrictive
limitations are necessary. We are issuing this AD to prevent fatigue
cracking, accidental damage, or corrosion in principal structural
elements, and possible failure of certain life limited parts, which
could result in reduced structural integrity of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Retained Revision of Airworthiness Limitations Section (ALS) To
Incorporate Safe Life ALIs

    This paragraph restates the requirements of paragraph (g) of AD
2011-14-06, Amendment 39-16741 (76 FR 42024, July 18, 2011). For
Model A318-111 and -112 airplanes; Model A319-111, -112, -113, -114,
-115, -131, -132, and -133 airplanes; Model A320-111, -211, -212, -
214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131,
-211, -212, -213, -231, and -232 airplanes: Within 3 months after
November 7, 2007 (the effective date of AD 2007-20-05, Amendment 39-
15215 (72 FR 56262, October 3, 2007)), revise the ALS of the
Instructions for Continued Airworthiness to incorporate Sub-part 1-
2, ``Life Limits,'' and Sub-part 1-3, ``Demonstrated Fatigue
Lives,'' of Airbus A318/A319/A320/A321

ALS Part 1--Safe Life Airworthiness Limitation Items, dated February
28, 2006. Accomplish the actions in Sub-part 1-2, ``Life Limits,''
and Sub-part 1-3, ``Demonstrated Fatigue Lives,'' of Airbus A318/
A319/A320/A321 ALS Part 1--Safe Life Airworthiness Limitation Items,
dated February 28, 2006, at the times specified in Sub-part 1-2,
``Life Limits,'' and Sub-part 1-3, ``Demonstrated Fatigue Lives,''
of Airbus A318/A319/A320/A321 ALS Part 1--Safe Life Airworthiness
Limitation Items, dated February 28, 2006, except as provided by
paragraph (h) of this AD. Doing the actions required by paragraph
(m) of this AD terminates the requirements of this paragraph.

(h) Retained Grace Period for New or More Restrictive Actions

    This paragraph restates certain provisions of paragraph (i) of
AD 2011-14-06, Amendment 39-16741 (76 FR 42024, July 18, 2011). For
Model A318-111 and -112 airplanes; Model A319-111, -112, -113, -114,
-115, -131, -132, and -133 airplanes; Model A320-111, -211, -212, -
214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131,
-211, -212, -213, -231, and -232 airplanes: For any new or more
restrictive life limit introduced with Sub-part 1-2, ``Life
Limits,'' and Sub-part 1-3, ``Demonstrated Fatigue Lives,'' of
Airbus A318/A319/A320/A321 ALS Part 1--Safe Life Airworthiness
Limitation Items, dated February 28, 2006, replace the part at the
time specified in Sub-part 1-2, ``Life Limits,'' and Sub-part 1-3,
``Demonstrated Fatigue Lives,'' of Airbus A318/A319/A320/A321 ALS
Part 1--Safe Life Airworthiness Limitation Items, dated February 28,
2006, or within 6 months after November 7, 2007 (the effective date
of AD 2007-20-05, Amendment 39-15215 (72 FR 56262, October 3,
2007)), whichever is later.

(i) Retained Revision of ALS To Incorporate Damage-Tolerant ALIs With
Revised Compliance Times

    This paragraph restates the requirements of paragraph (j) of AD
2011-14-06, Amendment 39-16741 (76 FR 42024, July 18, 2011), with
revised compliance times. Within 9 months after August 22, 2011 (the
effective date of AD 2011-14-06): Revise the maintenance program by
incorporating all maintenance requirements and associated
airworthiness limitations specified in the Airbus A318/A319/A320/
A321 Airworthiness Limitation Items, Document AI/SE-M4/95A.0252/96,
Issue 10, dated October 2009; or Issue 11, dated September 2010.
Comply with all applicable maintenance requirements and associated
airworthiness limitations included in Airbus A318/A319/A320/A321
Airworthiness Limitation Items, Document AI/SE-M4/95A.0252/96, Issue
10, dated October 2009; or Issue 11, dated September 2010; except as
provided by paragraph (j) of this AD. Doing the actions required by
paragraph (m) of this AD terminates the requirements of this
paragraph.

(j) Retained Special Compliance Times for Certain Tasks

    This paragraph restates the requirements of paragraph (k) of AD
2011-14-06, Amendment 39-16741 (76 FR 42024, July 18, 2011), with
changes to table 1 to paragraph (j) of this AD. For new and more
restrictive tasks introduced with Airbus A318/A319/A320/A321
Airworthiness Limitation Items, Document AI/SE-M4/95A.0252/96, Issue
10, dated October 2009; or Issue 11, dated September 2010; as
specified in table 1 to paragraph (j) of this AD: The initial
compliance time for doing the tasks is specified in table 1 to
paragraph (j) of this AD.

                         Table 1 to Paragraph (j) of This AD--Compliance Times for Tasks
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
Task                                   Applicability (as           Compliance time, whichever occurs later
                                        specified in the
                                      applicability column
                                          of the task)
----------------------------------------------------------------------------------------------------------------
545102-01-6.......................  Group 19-1A CFM, Group  The threshold as defined   Within 2,000 flight
                                     19-1B CFM, and Model    in Airbus A318/A319/A320/  cycles or 5,500 flight
                                     A320-200 airplanes      A321 Airworthiness         hours, after August 22,
                                     with CFM Industrial     Limitation Items,          2011 (the effective date
                                     (CFM)/International     Document AI/SE-M4/         of AD 2011-14-06,
                                     Aero Engine (IAE)       95A.0252/96, Issue 10,     Amendment 39-16741 (76
                                     engines.                dated October 2009; or     FR 42024, July 18,
                                                             Issue 11, dated            2011)), whichever occurs
                                                             September 2010.            first.
545102-01-7.......................  Model A320-100 series   The threshold as defined   Within 2,000 flight
                                     airplanes.              in Airbus A318/A319/A320/  cycles or 2,000 flight
                                                             A321 Airworthiness         hours, after August 22,
                                                             Limitation Items,          2011 (the effective date
                                                             Document AI/SE-M4/         of AD 2011-14-06,
                                                             95A.0252/96, Issue 10,     Amendment 39-16741 (76
                                                             dated October 2009; or     FR 42024, July 18,
                                                             Issue 11, dated            2011)), whichever occurs
                                                             September 2010.            first.
572050-01-1 or alternative task     Group 19-1A and Group   At the time of the next    Within 6 months after
 572050-02-1.                        19-1B airplanes.        due accomplishment of      August 22, 2011 (the
                                                             any one of the tasks       effective date of AD
                                                             572004, 572020, or         2011-14-06, Amendment 39-
                                                             572053 as currently        16741 (76 FR 42024, July
                                                             described in the Airbus    18, 2011)).
                                                             A318/A319/A320/A321
                                                             Airworthiness Limitation
                                                             Items, Document AI/SE-M4/
                                                             95A.0252/96, Issue 7,
                                                             dated December 2005;
                                                             Issue 08, dated March
                                                             2006; or Issue 09, dated
                                                             November 2006.
572050-01-4 or alternative task     Model A320-200 series   At the time of the next    Within 6 months after
 572050-02-4.                        airplanes.              due accomplishment of      August 22, 2011 (the
                                                             any one of the tasks       effective date of AD
                                                             572004, 572020, or         2011-14-06, Amendment 39-
                                                             572053 as currently        16741 (76 FR 42024, July
                                                             described in the Airbus    18, 2011)).
                                                             A318/A319/A320/A321
                                                             Airworthiness Limitation
                                                             Items, Document AI/SE-M4/
                                                             95A.0252/96, Issue 7,
                                                             dated December 2005;
                                                             Issue 08, dated March
                                                             2006; or Issue 09, dated
                                                             November 2006.

572050-01-5 or alternative task     Group 21-1A airplanes.  At the time of the next    Within 6 months after
 572050-02-5.                                                due accomplishment of      August 22, 2011 (the
                                                             any one of the tasks       effective date of AD
                                                             572004, 572020, or         2011-14-06, Amendment 39-
                                                             572053 as currently        16741 (76 FR 42024, July
                                                             described in the Airbus    18, 2011)).
                                                             A318/A319/A320/A321
                                                             Airworthiness Limitation
                                                             Items, Document AI/SE-M4/
                                                             95A.0252/96, Issue 7,
                                                             dated December 2005;
                                                             Issue 08, dated March
                                                             2006; or Issue 09, dated
                                                             November 2006.
572050-01-7 or alternative task     Model A320-100 series   At the time of the next    Within 6 months after
 572050-02-7.                        airplanes.              due accomplishment of      August 22, 2011 (the
                                                             any one of the tasks       effective date of AD
                                                             572004, 572020, or         2011-14-06, Amendment 39-
                                                             572053 as currently        16741 (76 FR 42024, July
                                                             described in the Airbus    18, 2011)).
                                                             A318/A319/A320/A321
                                                             Airworthiness Limitation
                                                             Items, Document AI/SE-M4/
                                                             95A.0252/96, Issue 7,
                                                             dated December 2005;
                                                             Issue 08, dated March
                                                             2006; or Issue 09, dated
                                                             November 2006.
534132-01-1.......................  Model A320 PRE 30748    The threshold/interval as  Within 100 days after
                                     airplanes.              defined in Airbus A318/    August 22, 2011 (the
                                                             A319/A320/A321             effective date of AD
                                                             Airworthiness Limitation   2011-14-06, Amendment 39-
                                                             Items, Document AI/SE-M4/  16741 (76 FR 42024, July
                                                             95A.0252/96, Issue 10,     18, 2011)), without
                                                             dated October 2009; or     exceeding the previous
                                                             Issue 11, dated            threshold/interval as
                                                             September 2010.            defined in Airbus A318/
                                                                                A319/A320/A321
                                                                                Airworthiness Limitation
                                                                                Items, Document AI/SE-M4/
                                                                                95A.0252/96, Issue 7,
                                                                                dated December 2005;
                                                                                Issue 08, dated March
                                                                                2006; or Issue 09, dated
                                                                                November 2006.
531118-01-1.......................  Model A318 (except      The threshold/interval as  Within 100 days after
                                     (A318-121 and -122),    defined in Airbus A318/    August 22, 2011 (the
                                     Group 19-1A, Group 19-  A319/A320/A321             effective date of AD
                                     1B, and Model A320      Airworthiness Limitation   2011-14-06, Amendment 39-
                                     and A321 series         Items, Document AI/SE-M4/  16741 (76 FR 42024, July
                                     airplanes.              95A.0252/96, Issue 10,     18, 2011)), without
                                                             dated October 2009; or     exceeding the previous
                                                             Issue 11, dated            threshold/interval as
                                                             September 2010.            defined in Airbus A318/
                                                                                A319/A320/A321
                                                                                Airworthiness Limitation
                                                                                Items, Document AI/SE-M4/
                                                                                95A.0252/96, Issue 7,
                                                                                dated December 2005;
                                                                                Issue 08, dated March
                                                                                2006; or Issue 09, dated
                                                                                November 2006.
531118-01-1.......................  Model A318-121 and -    The threshold/interval as  Within 100 days after
                                     122 airplanes.          defined in Airbus A318/    August 22, 2011 (the
                                                             A319/A320/A321             effective date of AD
                                                             Airworthiness Limitation   2011-14-06, Amendment 39-
                                                             Items, Document AI/SE-M4/  16741 (76 FR 42024, July
                                                             95A.0252/96, Issue 10,     18, 2011)).
                                                             dated October 2009; or
                                                             Issue 11, dated
                                                             September 2010.
----------------------------------------------------------------------------------------------------------------
Note 1 to table 1 to paragraph (j) of this AD: ALI Task 572050 refers to the outer wing dry bay and is comprised
  of extracts from three ALI Tasks 572004, 572020, and 572053. The threshold of ALI Task 572050 for the whole
  dry bay area is that of the lowest threshold of the source ALI tasks, i.e., that of ALI Task 572053.

(k) Retained Limitation: No Alternative Life Limits, Inspections, or
Inspection Intervals After Accomplishment of the Actions Specified in
Paragraph (g) of This AD

    This paragraph restates the requirements of paragraph (l) of AD
2011-14-06, Amendment 39-16741 (76 FR 42024, July 18, 2011). After
the actions specified in paragraph (g) of this AD have been
accomplished, no alternative life limits, inspections, or inspection
intervals may be used, except as provided by paragraph (h) of this
AD, and except as required by paragraph (m) of this AD.

(l) Retained Limitation: No Alternative Life Limits, Inspections, or
Inspection Intervals After Accomplishment of the Actions Specified in
Paragraph (j) of This AD

    This paragraph restates the requirements of paragraph (m) of AD
2011-14-06, Amendment 39-16741 (76 FR 42024, July 18, 2011). After
the actions specified in paragraph (i) of this AD have been
accomplished, no alternative life limits, inspections, or inspection
intervals may be used, except as required by paragraph (m) of this
AD.

(m) New Maintenance Program Revision

    Within 30 days after the effective date of this AD, revise the
maintenance program to incorporate Airbus A318/A319/A320/A321 ALS
Part 1--Safe Life Airworthiness Limitation Items, Revision 02, dated
May 13, 2011; and Airbus A318/A319/A320/A321 ALS Part 4--Ageing
Systems Maintenance, dated January 8, 2008. The initial compliance
time for the accomplishing the actions is at the applicable time
specified in Airbus A318/A319/A320/A321 ALS Part 1--Safe Life
Airworthiness Limitation Items, Revision 02, dated May 13, 2011, and
Airbus A318/A319/A320/A321 ALS Part 4--Ageing Systems

Maintenance, dated January 8, 2008; or within 4 months after the
effective date of this AD; whichever occurs later.

(n) New Limitation: No Alternative Actions or Intervals

    After accomplishing the revision required by paragraph (m) of
this AD, no alternative actions (e.g., inspections) or intervals,
may be used unless the actions or intervals are approved as an
alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (o) of this AD.

(o) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the International
Branch, send it to ATTN: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>. Information may be emailed to<EMAIL_ADDRESS>Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office. The AMOC approval letter must
specifically reference this AD. AMOCs approved previously in
accordance with AD 2011-14-06, Amendment 39-16741 (76 FR 42024, July
18, 2011), are approved as AMOCs for the corresponding actions
specified in this AD.
    (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.

(p) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
European Aviation Safety Agency (EASA) Airworthiness Directive 2012-
0008, dated January 16, 2012, and the service information specified
in paragraphs (p)(1)(i) through (p)(1)(viii) of this AD, for related
information.
    (i) Airbus A318/A319/A320/A321 ALS Part 1--Safe Life
Airworthiness Limitation Items, Revision 02, dated May 13, 2011.
    (ii) Airbus A318/A319/A320/A321 ALS Part 1--Safe Life
Airworthiness Limitation Items, dated February 28, 2006.
    (iii) Airbus A318/A319/A320/A321 ALS Part 4--Ageing Systems
Maintenance, dated January 8, 2008.
    (iv) Airbus A318/A319/A320/A321 Airworthiness Limitation Items,
Document AI/SE-M4/95A.0252/96, Issue 7, dated December 2005.
    (v) Airbus A318/A319/A320/A321 Airworthiness Limitation Items,
Document AI/SE-M4/95A.0252/96, Issue 08, dated March 2006.
    (vi) Airbus A318/A319/A320/A321 Airworthiness Limitation Items,
Document AI/SE-M4/95A.0252/96, Issue 09, dated November 2006.
    (vii) Airbus A318/A319/A320/A321 Airworthiness Limitation Items,
Document AI/SE-M4/95A.0252/96, Issue 10, dated October 2009.
    (viii) Airbus A318/A319/A320/A321 Airworthiness Limitation
Items, Document AI/SE-M4/95A.0252/96, Issue 11, dated September
2010.
    (2) For service information identified in this AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on August 2, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.

[FR Doc. 2013-19528 Filed 8-12-13; 8:45 am]
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[Federal Register: September 8, 2008 (Volume 73, Number 174)]
[Notices]
[Page 52034-52035]
[DOCID:fr08se08-48]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP08-465-000]

ANR Pipeline Company; Notice of Application

August 29, 2008.
    Take notice that on August 20, 2008, ANR Pipeline Company (ANR),
717 Texas Street, Houston, Texas 77002, filed in Docket No. CP08-465-
000 an application pursuant to section 7(c) of the Natural Gas Act
(NGA) and the Commission's Regulations, for authorization to construct
and operate certain facilities referred to as its Wisconsin Expansion
Project 2009 in various Wisconsin counties, as more fully set forth in
the application which is open to the public for inspection. This filing
may be also viewed on the web at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, please contact FERCOnline Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or TTY,
contact<PHONE_NUMBER>.
    ANR proposes to: (1) Construct and operate approximately 8.9 miles
of 30-inch diameter pipeline looping on its Madison lateral in Rock
County; (2) install one mainline control valve each at the Marshfield
compressor station in Wood County and at the Fairwater meter station in
Columbia County; and (3) upgrade minor facilities at the Marshfield
meter station in Wood County, the North Wausau meter station in
Marathon County, and the Randolph meter station in Columbia County. ANR
states that the proposed new facilities would allow ANR to provide
approximately 97,880 Dekatherm equivalent of natural gas per day in new
firm transportation capacity in Wisconsin. ANR also states that the
proposed Wisconsin Expansion Project 2009 facilities would cost
approximately $38,259,931 to construct.
    Any questions regarding this application should be directed to Dean
Ferguson, Vice President, Marketing and Business Development, ANR
Pipeline Company, 717 Texas Street, Houston, Texas 77002, or by
telephone at<PHONE_NUMBER>, facsimile at<PHONE_NUMBER> or via e-mail:
<EMAIL_ADDRESS>    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions via the Internet in lieu of paper. See, 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-Filing'' link.

    Comment Date: September 19, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-20711 Filed 9-5-08; 8:45 am]

BILLING CODE 6717-01-P