[Federal Register Volume 76, Number 153 (Tuesday, August 9, 2011)]
[Notices]
[Pages 48843-48844]
[FR Doc No: 2011-20044]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. DI11-13-000]

Cottonwood Hydro, LLC; Notice of Petition for Declaratory Order
and Soliciting Comments, Protests, and/or Motions To Intervene

    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Petition for Declaratory Order.
    b. Docket No: DI11-13-000.
    c. Date Filed: July 22, 2011.
    d. Applicant: Cottonwood Hydro, LLC.
    e. Name of Project: Cottonwood Hydro Project.
    f. Location: The existing Cottonwood Hydro Project is located on
Little Cottonwood Creek, in Salt Lake County, Utah, affecting T. 35 S.,
R. 2 E., sec. 7, Salt Lake Meridian.
    g. Filed Pursuant to: Section 23(b)(1) of the Federal Power Act, 16
U.S.C. 817(b).
    h. Applicant Contact: Susannah Williams, 5014 East Little
Cottonwood Canyon Road, Sandy, UT 84092; telephone:<PHONE_NUMBER>;
FAX:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>    i. FERC Contact: Any questions on this notice should be addressed
to Henry Ecton,<PHONE_NUMBER>, or e-mail address:
<EMAIL_ADDRESS>    j. Deadline for filing comments, protests, and/or motions:
September 5, 2011.
    All documents should be filed electronically via the Internet. See
18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site at http://www.ferc.gov/docs-filing/efiling.asp. If unable to be
filed electronically, documents may be paper-filed. To paper-file, an
original and seven copies should be filed with: Secretary, Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    Commenters can submit brief comments up to 6,000 characters,
without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. Please include the docket number
(DI11-13-000) on any comments, protests, and/or motions filed.
    k. Description of Project: The existing Cottonwood Hydro Project
consists of an upper and a lower project:
    The upper project consists of: (1) A fifty-foot-wide concrete weir,
directing water into a 2,002-foot-long, 24-28-inch-diameter steel
penstock; (2) a single-story reinforced concrete powerhouse, containing
a 261-kW turbine/generator; (3) a tailrace releasing water into the
intake for the lower powerhouse; (4) a 75-foot-long transmission line;
and (5) appurtenant facilities.
    The lower project consists of: (1) A fifty-foot-wide concrete weir,
directing water into a 5,341-foot-long 24-28-inch-diameter steel
penstock; (2) a two-story reinforced concrete and masonry powerhouse,
containing an 850-kW turbine/generator; (3) a tailrace releasing water
into Little Cottonwood Creek; (4) a 200-foot-long transmission line;
and (5) appurtenant facilities.
    When a Petition for Declaratory Order is filed with the Federal
Energy Regulatory Commission, the Federal Power Act requires the
Commission to investigate and determine if the interests of interstate
or foreign commerce would be affected by the proposed project. The
Commission also determines whether or not the project: (1) Would be
located on a navigable waterway; (2) would occupy or affect public
lands or reservations of the United States; (3) would utilize surplus
water or water power from a government dam; or (4) if applicable, has
involved or would involve any construction subsequent to 1935 that may
have increased or would increase the project's head or generating
capacity, or have otherwise significantly modified the project's pre-
1935 design or operation.
    l. Locations of the Application: Copies of this filing are on file
with the Commission and are available for public inspection. This
filing may be 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. You may also
register online at  http://www.ferc.gov/docs-filing/esubscription.asp
to be notified via e-mail of new filings and issuances related to this
or other pending projects. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>,
or TTY, contact<PHONE_NUMBER>. A copy is also available for inspection
and reproduction at the address in item (h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``Comments'', ``Protests'', and/
or ``Motions to Intervene'', as applicable, and the Docket Number of
the particular application to which the filing refers. A copy of any
motion to intervene must also be served upon each representative of the
Applicant specified in the particular application.
    p. Agency Comments--Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to

have no comments. One copy of an agency's comments must also be sent to
the Applicant's representatives.

    Dated: July 29, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-20044 Filed 8-8-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Notices]
[Pages 54532-54533]
[FR Doc No: 2011-22342]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2006-26618]

Pipeline Safety: Request for Special Permit

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA);
DOT.

ACTION: Notice.

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

SUMMARY: Pursuant to the Federal pipeline safety laws, PHMSA is
publishing this notice to announce the availability of the draft
environment assessment prepared in response to the request for a
special permit we have received from El Paso Pipeline, seeking relief
from compliance with certain requirements in the Federal pipeline
safety regulations. This notice also seeks public comments on any
safety or environmental impacts relative to this request. At the
conclusion of the 30-day comment period, PHMSA will evaluate the
comments and determine whether to grant or deny a special permit.

DATES: Submit any comments regarding the draft environmental assessment
for this special permit request by October 3, 2011.

ADDRESSES: Comments should reference the docket number for the specific
special permit request and may be submitted in the following ways:
     E-Gov Web Site: http://www.Regulations.gov. This site
allows the public to enter comments on any Federal Register notice
issued by any agency.
     Fax: 1-202-493-2251.
     Mail: Docket Management System: 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: Docket Management System: 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.

    Instructions: You should identify the docket number for the special
permit request you are commenting on at the beginning of your comments.
If you submit your comments by mail, please submit two copies. To
receive confirmation that PHMSA has received your comments, please
include a self-addressed stamped postcard. Internet users may submit
comments at http://www.Regulations.gov.

    Note: Comments are posted without changes or edits to http://www.Regulations.gov, including any personal information provided.
There is a privacy statement published on http://www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: General: Kay McIver by telephone at
202-366-0113, or e-mail at<EMAIL_ADDRESS>    Technical: Steve Nanney by telephone at<PHONE_NUMBER>, or e-mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: PHMSA has received a request for special
permit from El Paso pipeline seeking relief from compliance with
certain pipeline safety regulations. The request included the
completion of an environmental assessment questionnaire, and submission
of a technical analysis by the operator. The request and supporting
documents were filed at http://www.Regulations.gov and assigned docket
number Docket No. PHMSA-2006-26618. We invite interested persons to
participate by reviewing the draft environment assessment at http://www.Regulations.gov, and by submitting written comments, data or other
views. Please include any comments on potential environmental impacts
that may result if this special permit is granted.
    Before acting on the special permit request, PHMSA will evaluate
all comments received on or before the comments closing date. Comments
will be evaluated after this date if it is possible to do so without
incurring additional expense or delay. PHMSA will consider each
relevant comment we receive in making our decision to grant or deny a
request.
    PHMSA is publishing the draft environment assessment in response to
this special permit request.

----------------------------------------------------------------------------------------------------------------
           Docket number                    Requester        Regulation(s) affected    Nature of special permit
----------------------------------------------------------------------------------------------------------------
PHMSA-2006-26618...................  El Paso Pipeline Group  49 CFR 192.611........  The special permit request
                                      for Tennessee Gas                               from El Paso Pipeline
                                      Pipeline.                                       seeks permission to extend
                                                                                a previously approved
                                                                                permit for the 30-inch
                                                                                Niagara Spur Loop Line
                                                                                230B-200, near Lockport,
                                                                                New York by an additional
                                                                                1,250 feet. The previously
                                                                                issued permit allowed
                                                                                Tennessee Gas Pipeline
                                                                                (TGP) to operate at or
                                                                                below the MAOP of 877
                                                                                psig. We are publishing
                                                                                the draft environment
                                                                                assessment to seek public
                                                                                comments on any
                                                                                environmental impacts that
                                                                                granting an extension of
                                                                                this permit would present.
----------------------------------------------------------------------------------------------------------------

    Authority:  49 U.S.C. 60118 (c)(1) and 49 CFR 1.53.

    Issued in Washington, DC, on August 23, 2011.
Alan K. Mayberry,
Deputy Associate Administrator for Pipeline Safety Field Operations.
[FR Doc. 2011-22342 Filed 8-31-11; 8:45 am]
BILLING CODE 4910-60-P


"Schwab, Margo"<EMAIL_ADDRESS> 11/08/2007 04:10 PM

To

Harvey Richmond/RTP/USEPA/US@EPA, "Johansson, Robert" <EMAIL_ADDRESS>"King, Heidi R." <EMAIL_ADDRESS> cc

Lydia Wegman/RTP/USEPA/US@EPA, Karen Martin/RTP/USEPA/US@EPA, Tricia Crabtree/RTP/USEPA/US@EPA

Subject

RE: Response to your follow-up questions on contribution of ranges to nonaccidental mortality associated with ozone just meeting current standard   AND Two Ozone public comments

Thanks - were you able to track down an electronic copy of the tables

that you sent to Art in July?  Thanks.  Margo

-----Original Message-----

From<EMAIL_ADDRESS> <EMAIL_ADDRESS> Sent: Wednesday, October 31, 2007 4:51 PM

To: Johansson, Robert; Schwab, Margo; King, Heidi R.

Cc<EMAIL_ADDRESS><EMAIL_ADDRESS> <EMAIL_ADDRESS> Subject: Fw: Response to your follow-up questions on contribution of

ranges to nonaccidental mortality associated with ozone just meeting

current standard AND Two Ozone public comments

As we discussed earlier today, here's the email with the files that

Lydia sent in the Spring with tables showing the contribution of ranges

to nonaccidental mortality associated with ozone just meeting the

current standard.

You also requested the docket id's for two of the public comments.  I

have the docket id for the UARG, October 9, 2007 comments and it is:

EPA-HQ-OAR-2005-0172-4183.  I haven't located the docket id for the

Univ. of Rochester report, but I do have an electronic file for this

report, which I've attached below.

Harvey

(See attached file: Rochester Conference Ozone Report__Oct 1 2007.doc)

    Harvey M. Richmond

    Ambient Standards Group

    Health and Environmental Impacts Division

    U.S. EPA

    C504-06

    RTP, NC  27711

    (office)<PHONE_NUMBER>

    (fax)<PHONE_NUMBER>

    (email<EMAIL_ADDRESS> ----- Forwarded by Harvey Richmond/RTP/USEPA/US on 10/31/2007 04:40 PM

-----

             Lydia

             Wegman/RTP/USEPA

             /US                                                     To

<EMAIL_ADDRESS>

             05/08/2007 10:26<EMAIL_ADDRESS>

             AM<EMAIL_ADDRESS>

                                                                     cc

<EMAIL_ADDRESS>

<EMAIL_ADDRESS>

<EMAIL_ADDRESS>

                                                                Subject

                                      Response to your follow-up

                                      questions on contribution of

                                      ranges to nonaccidental mortality

                                      associated with ozone just

                                      meeting current standard

Amy, Art and Rob,

Please find attached Harvey's response to Art's question about the

contribution of different levels of ozone to nonaccidental mortality.

I hope this answers your questions.  Please let me know if you have

further questions about this material.

Rob, as to our Friday meeting that we discussed this morning, I learned

that Harvey will not be available on Friday.  I don't know if any of

your follow-up questions are about the risk assessment, but if they are,

we will have to postpone those to next week when Harvey is available, or

move the meeting back to Thursday.  If none of the questions are about

the risk assessment, we should be able to proceed with our Friday

meeting as planned.   Thanks.

Lydia

----- Forwarded by Lydia Wegman/RTP/USEPA/US on 05/08/2007 10:16 AM

-----

             Harvey

             Richmond/RTP/USE

             PA/US                                                   To

                                      Lydia Wegman/RTP/USEPA/US@EPA

             05/08/2007 10:00                                        cc

             AM                       Karen Martin/RTP/USEPA/US@EPA,

                                      Dave Mckee/RTP/USEPA/US@EPA

                                                                Subject

                                      Re: Follow-up to CEQ question on

                                      contribution of ranges to

                                      nonaccidental mortality

                                      associated with ozone just

                                      meeting current standard

Lydia,

   In response to the request from OMB made during the meetings arranged

   by CEQ, attached are two Excel files that contain tables showing the

   estimated number of cases, and associated 95% credible intervals, for

   nonaccidental mortality based on the risk assessment broken down by

   the number of cases estimated to occur due to exposure to different

   24-hr O3 intervals associated with just meeting the current 8-hr

   standard in 12 urban areas.  The tables, and Figure 5-15a,b in the

   Staff Paper, present risks broken down by 24-hr intervals because the

   epidemiological studies report effects related to the average of the

   24-hr concentrations across the monitors in an urban area.  To

   provide some perspective on the daily maximum 8-hr average that would

   be associated with each 24-hr interval, we note that the 8-hr daily

   maximum concentrations at the highest (i.e., design value) monitor

   are, on average, roughly twice the 24-hr average O3 concentrations

   provided in these tables.  For example, the 0.03-0.04 ppm 24-hr range

   in the table roughly corresponds to the highest monitor in the urban

   area observing a daily maximum 8-hr average in the range 0.06-0.08

   ppm.

(See attached file: mortality incidence-contribution of 24-hr

ranges_current std based on 2002 data-5-4-07.xls)(See attached file:

mortality incidence-contribution of 24-hr ranges_current std based on

2004 data-5-4-07.xls)

    Harvey M. Richmond

    Ambient Standards Group

    Health and Environmental Impacts Division

    U.S. EPA

    C504-06

    RTP, NC  27711

    (office)<PHONE_NUMBER>

    (fax)<PHONE_NUMBER>

    (email<EMAIL_ADDRESS>


[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Rules and Regulations]
[Pages 82272-82274]
[FR Doc No: 2010-32899]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1162]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

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

SUMMARY: This interim rule lists communities where modification of the
Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because
of new scientific or technical data. New flood insurance premium rates
will be calculated from the modified BFEs for new buildings and their
contents.

DATES: These modified BFEs are currently in effect on the dates listed
in the table below and revise the Flood Insurance Rate Maps (FIRMs) in
effect prior to this determination for the listed communities.
    From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the Deputy Federal
Insurance and Mitigation Administrator reconsider the changes. The
modified BFEs may be changed during the 90-day period.

ADDRESSES: The modified BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community where the modified BFE
determinations are available for inspection is provided.
    Any request for reconsideration must be based on knowledge of
changed conditions or new scientific or technical data.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management
measures that the community is required either to adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own or pursuant to policies established by other

Federal, State, or regional entities. The changes in BFEs are in
accordance with 44 CFR 65.4.
    National Environmental Policy Act. This interim rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This interim rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This interim rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
    Executive Order 12988, Civil Justice Reform. This interim rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

0
Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
1. The authority citation for part 65 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  65.4  [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended
as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Date and name of
         State and county             Location and case      newspaper  where     Chief executive officer   Effective date of  modification   Community
                                             No.           notice was published         of community                                             No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arkansas: Benton..................  City of Bentonville    July 30, 2010;        The Honorable Bob          December 6, 2010...............       050012
                                     (09-06-3053P).         August 6, 2010; The   McCaslin, Mayor, City of
                                                            Benton County Daily   Bentonville, 117 West
                                                            Record.               Central Avenue,
                                                                                Bentonville, AR 72712.
Oklahoma: Tulsa...................  City of Tulsa (10-06-  August 6, 2010;       The Honorable Dewey        July 30, 2010..................       405381
                                     2150P).                August 13, 2010;      Bartlett, Mayor, City of
                                                            The Tulsa World.      Tulsa, 175 East 2nd
                                                                                Street, Suite 690,
                                                                                Tulsa, OK 74103.
Pennsylvania: Montgomery..........  Township of Upper      July 23, 2010; July   Mr. Ronald Wagenmann,      July 16, 2010..................       420957
                                     Merion (10-03-0510P).  30, 2010; The Times   Upper Merion Township
                                                            Herald.               Manager, 175 West Valley
                                                                                Forge Road, King of
                                                                                Prussia, PA 19406.
Texas:
    Potter and Randall............  City of Amarillo (10-  August 20, 2010;      The Honorable Debra        August 13, 2010................       480529
                                     06-2283P).             August 26, 2010;      McCartt, Mayor, City of
                                                            The Amarillo Globe-   Amarillo, P.O. Box 1971,
                                                            News.                 Amarillo, TX 79105.
    Brazoria......................  Unincorporated areas   August 9, 2010;       The Honorable Joe King,    August 26, 2010................       485458
                                     of Brazoria County     August 16, 2010;      Brazoria County Judge,
                                     (10-06-1185P).         The Facts.            111 East Locust Street,
                                                                                Angleton, TX 77515.
    Williamson....................  City of Cedar Park     September 9, 2010;    The Honorable Bob Lemon,   January 14, 2011...............       481282
                                     (09-06-3455P).         September 16, 2010;   Mayor, City of Cedar
                                                            The Hill Country      Park, 600 North Bell
                                                            News.                 Boulevard, Cedar Park,
                                                                                TX 78613.
    Tarrant.......................  City of Fort Worth     July 13, 2010; July   The Honorable Michael J.   November 17, 2010..............       480596
                                     (10-06-1675P).         20, 2010; The Fort    Moncrief, Mayor, City of
                                                            Worth Star-Telegram.  Fort Worth, 1000
                                                                                Throckmorton Street,
                                                                                Fort Worth, TX 76102.
    Harris........................  Unincorporated areas   September 7, 2010;    The Honorable Ed Emmett,   January 12, 2011...............       480287
                                     of Harris County (10-  September 14, 2010;   Harris County Judge,
                                     06-0320P).             The Houston           1001 Preston Street,
                                                            Chronicle.            Suite 911, Houston, TX
                                                                                77002.
    Johnson.......................  Unincorporated areas   July 20, 2010; July   The Honorable Roger        November 24, 2010..............       480879
                                     of Johnson Countyn     27, 2010; The Fort    Harmon, Johnson County
                                     (10-06-0427P).         Worth Star-Telegram.  Judge, 2 Main Street,
                                                                                Cleburne, TX 76033.
    Johnson.......................  City of Mansfield (10- July 20, 2010; July   The Honorable David Cook,  November 24, 2010..............       480606
                                     06-0427P).             27, 2010; The Fort    Mayor, City of
                                                            Worth Star-Telegram.  Mansfield, 1200 East
                                                                                Broad Street, Mansfield,
                                                                                TX 76063.
    Brazoria......................  City of Manvel (10-06- August 9, 2010;       The Honorable Delores      August 26, 2010................       480076
                                     1185P).                August 16, 2010;      Martin, Mayor, City of
                                                            The Alvin Sun.        Manvel, P.O. Box 187,
                                                                                Manvel, TX 77578.
    Tarrant.......................  City of North          August 4, 2010;       The Honorable Oscar        July 28, 2010..................       480607
                                     Richland Hills (10-    August 11, 2010;      Trevino, Mayor, City of
                                     06-1011P).             The Fort Worth Star-  North Richland Hills,
                                                            Telegram.             7301 Northeast Loop 820,
                                                                                North Richland Hills, TX
                                                                                76180.
    Comal.........................  City of Schertz (09-   August 23, 2010;      The Honorable Harold D.    August 13, 2010................       480269
                                     06-3497P).             August 30, 2010;      Baldwin, Mayor, City of
                                                            The Daily             Schertz, 1400 Schertz
                                                            Commercial Recorder.  Parkway, Schertz, TX
                                                                                78154.
    Tarrant.......................  City of Watauga (09-   June 8, 2010; June    The Honorable Henry        October 13, 2010...............       480613
                                     06-3519P).             15, 2010; The Fort    Jeffries, Mayor, City of
                                                            Worth Star-Telegram.  Watauga, 7105 Whitley
                                                                                Road, Watauga, TX 76148.
    Collin........................  City of Wylie (10-06-  August 25, 2010;      The Honorable Eric Hogue,  December 30, 2010..............       480759
                                     1838P).                September 1, 2010;    Mayor, City of Wylie,
                                                            The Wylie News.       2000 State Highway 78
                                                                                North, Wylie, TX 75098.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: December 3, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-32899 Filed 12-29-10; 8:45 am]
BILLING CODE 9110-12-P


MEMORANDUM

TO:  Docket EPA-HQ-OAR-2005-0161

FROM:  Scott Christian, Environmental Engineer, OAR/OTAQ/CISD

SUBJECT:  Meeting notes for cellulosic biofuel waiver credits discussion

DATE:  November 12, 2009

Location: EPA offices

Attendees:

On phone

Scott Christian, EPA

Jim Redding, Renewable Fuels Assn

Samantha Slater, Renewable Fuels Assn

Sandra Franco, Renewable Fuels Assn

Wes Golson, Coskata

Loula Merkel, Coskata

Eric Gockel NES Bio

Chris Hessler, representing Iogen

We discussed the invitee’s comments that were provided to the docket on the cellulosic biofuel waiver credits provision.


[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Rules and Regulations]
[Pages 22172-22175]
[FR Doc No: 2013-08191]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1094; Directorate Identifier 2011-NM-070-AD;
Amendment 39-17412; AD 2013-07-08]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 757 airplanes. This AD was prompted by reports
that inspections of the wing center section revealed defective,
misapplied, or missing secondary fuel vapor barriers on the center fuel
tank. This AD requires inspecting for discrepancies and insufficient
coverage of the secondary fuel barrier, determining the thickness of
the secondary fuel barrier, and corrective actions if necessary. We are
issuing this AD to detect and correct defective surfaces and
insufficient thickness of the secondary fuel barrier, which could allow
fuel leaks or fumes into the pressurized cabin, and allow fuel or fuel
vapors to come in contact with an ignition source, which could result
in a fire or an explosion.

DATES: This AD is effective May 20, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of May 20, 2013.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. 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 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 address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Kevin Nguyen, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: (425) 917-
6501; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM published in the Federal Register on October 26, 2011 (76 FR
66200). That NPRM proposed to require inspecting for discrepancies and
insufficient coverage of the secondary fuel barrier, determining the
thickness of the secondary fuel barrier, and corrective actions if
necessary.

Actions Since NPRM (76 FR 66200, October 26, 2011) Was Issued

    The NPRM (76 FR 66200, October 26, 2011) referred to Boeing Service
Bulletin 757-57-0060, Revision 2, dated May 24, 2007; and Boeing
Service Bulletin 757-57-0061, Revision 1, dated May 24, 2007; as the
appropriate sources of service information for accomplishing the
proposed actions.
    Since we issued the NPRM (76 FR 66200, October 26, 2011), we have
reviewed Boeing Service Bulletin 757-57-0060, Revision 4, dated
December 7, 2012; and Boeing Service Bulletin 757-57-0061, Revision 3,
dated December 7, 2012. We also reviewed Boeing Service Bulletin 757-
57-0060, Revision 3, dated May 9, 2012; and Boeing Service Bulletin
757-57-0061, Revision 2, dated May 4, 2012. Among other things, these
service bulletins eliminate a reference to the ``upper panel'' from
certain steps of the Accomplishment Instructions. Boeing Service
Bulletin 757-57-0061, Revision 2, dated May 4, 2012, also removed
references to Group 2 airplanes from certain parts of the
Accomplishment Instructions.
    This final rule has been revised to reference the latest revisions
of this service information. In addition, the reference to ``upper
panel'' has been removed from paragraph (h) of this AD.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(76 FR 66200, October 26, 2011) and the FAA's response to each comment.
Boeing supported the NPRM. FedEx had no technical objections to the
NPRM.

Request To Extend the Compliance Time

    American Airlines (AA) requested that we revise the NPRM (76 FR
66200, October 26, 2011) to extend the compliance time specified in
paragraph (g) of the NPRM from 60 months to 72 months to align with the
regular heavy check interval for Model 757 airplanes. AA added that,
based on current findings and the design of the vapor barrier, safety
of flight is not affected by extending the compliance time.
    We agree with extending the compliance time to 72 months. The
purpose of the secondary fuel barrier on Model 757 airplanes is to
contain leaks due to fastener failures, primary tank sealant failures,
and/or structural cracking of the center fuel tank. Model 757 airplanes
have not had a history of those failures, thus extending the compliance
time from 60 months to 72 months is acceptable for operators to
accomplish the inspections during a regularly scheduled heavy
maintenance check. We revised paragraphs (g), (h), (i), and (j) of this
AD accordingly.

Request To Provide Credit for Previous Actions

    British Airways PLc requested that we revise the NPRM (76 FR 66200,
October 26, 2011) to provide credit for Groups 1, 2, and 3 airplanes
for accomplishing the actions specified in Boeing Service

Bulletin 757-57-0060, dated January 9, 2003; or Boeing Service Bulletin
757-57-0060, Revision 1, dated April 10, 2003. European Air Transport
Leipzig GmbH/DHL Air Ltd. also requested that the NPRM be amended to
provide credit for previous actions performed using Boeing Service
Bulletin 757-57-0060, Revision 1, dated April 10, 2003. British Airways
PLc indicated that not providing credit for previous actions would
represent an unnecessary cost to the aviation industry that would
provide no safety benefit. Both commenters stated that unless credit is
provided, operators that choose to accomplish the actions proactively
using those earlier revisions of this service bulletin would be
penalized.
    We partially agree. We agree to provide credit for the actions for
Model 757-200 airplanes identified as Group 3 airplanes. We have added
paragraph (k)(1) of this AD to provide credit for Group 3 airplanes if
those actions were performed using Boeing Service Bulletin 757-57-0060,
Revision 1, dated April 10, 2003; or Boeing Service Bulletin 757-57-
0060, dated January 9, 2003.
    However, we disagree to provide credit for any Model 757-200
airplane group other than Group 3. As discussed in the NPRM (76 FR
66200, October 26, 2011), Boeing Service Bulletin 757-57-0060, Revision
2, dated May 24, 2007, contains further detailed inspection
requirements for the secondary fuel barrier for Model 757-200 airplanes
identified as Group 1 and Group 4, Configuration 1; and for Model 757-
200CB and 757-200PF airplanes identified as Group 2. Boeing Service
Bulletin 757-57-0060, Revision 2, dated May 24, 2007, had additional
requirements that were not included in earlier revisions. These
additional requirements are inspection for air bubbles or blister-like
areas, solid metallic particles, and defective surfaces that are found
in the secondary fuel barrier, not just found between the secondary
fuel barrier and the structure. Also, Boeing Service Bulletin 757-57-
0060, Revision 2, dated May 24, 2007, provides procedures for thickness
measurements for Model 757-200 airplanes identified as Group 4,
Configuration 1; and Group 4, Configuration 2 airplanes.
    In addition, we have determined that it is also appropriate to
provide credit for actions done for Model 757-300 airplanes identified
as Group 2 airplanes. We have added paragraph (k)(4) of this AD to
provide credit for Model 757-300 airplanes identified as Group 2
airplanes if those actions were performed using Boeing Service Bulletin
757-57-0061, dated February 6, 2003, before the effective date of this
AD.

Additional Changes Made to This AD

    As previously explained, since the NPRM (76 FR 66200, October 26,
2011) was issued, Boeing released Boeing Service Bulletin 757-57-0060,
Revision 4, dated December 7, 2012; and Boeing Service Bulletin 757-57-
0061, Revision 3, dated December 7, 2012. Therefore, we find it
appropriate to provide credit in paragraph (k) of this final rule for
Boeing Service Bulletin 757-57-0060, Revision 3, dated May 9, 2012;
Boeing Service Bulletin 757-57-0060, Revision 2, dated May 24, 2007;
Boeing Service Bulletin 757-57-0061, Revision 2, dated May 4, 2012; and
Boeing Service Bulletin 757-57-0061, Revision 1, dated May 24, 2007.
    Note 1 to paragraph (g) of the NPRM (76 FR 66200, October 26, 2011)
defined a detailed inspection. We have removed that note in this final
rule, since the appropriate service information contains the inspection
definition.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously--and minor editorial
changes. We have determined that these minor changes:
     [Agr]re consistent with the intent that was proposed in
the NPRM (76 FR 66200, October 26, 2011) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (76 FR 66200, October 26, 2011).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 619 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor Cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Access and inspect secondary fuel     42 work-hours x $85 per              $0           $3,570       $2,209,830
 barrier.                              hour = $3,570 per
                                       inspection.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs that
would be required based on the results of the inspection. We have no
way of determining the number of aircraft that might need these
repairs:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                Action                        Labor cost            Parts cost        product
-------------------------------------------------------------------------------------------------
Apply secondary fuel barrier.........  7 work-hours x $85 per                $0             $595
                                        hour = $595 per
                                        secondary fuel barrier
                                        application.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2013-07-08 The Boeing Company: Amendment 39-17412; Docket No. FAA-
2011-1094; Directorate Identifier 2011-NM-070-AD.

(a) Effective Date

    This AD is effective May 20, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 757-200, 757-200PF,
and 757-200CB series airplanes, certificated in any category, as
identified in Boeing Service Bulletin 757-57-0060, Revision 4, dated
December 7, 2012; and Model 757-300 series airplanes, certificated
in any category, as identified in Boeing Service Bulletin 757-57-
0061, Revision 3, dated December 7, 2012.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 57: Wings.

(e) Unsafe Condition

    This AD was prompted by reports that inspections of the wing
center section revealed defective, misapplied, or missing secondary
fuel vapor barriers on the center fuel tank. We are issuing this AD
to detect and correct defective surfaces and insufficient thickness
of the secondary fuel barrier, which could allow fuel leaks or fumes
into the pressurized cabin, and allow fuel or fuel vapors to come in
contact with an ignition source, which could result in a fire or an
explosion.

(f) Compliance

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

(g) Detailed Inspection

    For Group 1, Group 2, and Group 4, Configuration 1 airplanes, as
identified in Boeing Service Bulletin 757-57-0060, Revision 4, dated
December 7, 2012; and Group 1 and Group 3, Configuration 1
airplanes, as identified in Boeing Service Bulletin 757-57-0061,
Revision 3, dated December 7, 2012: Within 72 months after the
effective date of this AD, do a detailed inspection to detect
discrepancies of the secondary fuel barrier at the front spar and
the upper panel of the wing center section, and if any discrepancy
exists, repair before further flight; in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 757-57-0060,
Revision 4, dated December 7, 2012; or Boeing Service Bulletin 757-
57-0061, Revision 3, dated December 7, 2012; as applicable.

(h) Inspection of Minimum Application Coverage Area

    For Group 3 airplanes, as identified in Boeing Service Bulletin
757-57-0060, Revision 4, dated December 7, 2012; and Group 2
airplanes, as identified in Boeing Service Bulletin 757-57-0061,
Revision 3, dated December 7, 2012: Within 72 months after the
effective date of this AD, do a detailed inspection of the front
spar to ensure the secondary fuel barrier application covers the
minimum area specified in Boeing Service Bulletin 757-57-0060,
Revision 4, dated December 7, 2012; or Boeing Service Bulletin 757-
57-0061, Revision 3, dated December 7, 2012; as applicable. If the
secondary fuel barrier does not cover the minimum specified area,
apply more secondary fuel barrier before further flight, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 757-57-0060, Revision 4, dated December 7, 2012; or Boeing
Service Bulletin 757-57-0061, Revision 3, dated December 7, 2012; as
applicable.

(i) Measurement of Thickness of Secondary Fuel Barrier

    For Group 1, Group 2, and Group 4, Configuration 1, airplanes,
as identified in Boeing Service Bulletin 757-57-0060, Revision 4,
dated December 7, 2012; and for Group 1 and Group 3, Configuration
1, airplanes, as identified in Boeing Service Bulletin 757-57-0061,
Revision 3, dated December 7, 2012: Within 72 months after the
effective date of this AD, measure the thickness of the secondary
fuel barrier. If the thickness is less than or more than the
acceptable limits defined in Boeing Service Bulletin 757-57-0060,
Revision 4, dated December 7, 2012; or Boeing Service Bulletin 757-
57-0061, Revision 3, dated December 7, 2012; as applicable; apply
more secondary fuel barrier or repair before further flight, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 757-57-0060, Revision 4, dated December 7, 2012; or Boeing
Service Bulletin 757-57-0061, Revision 3, dated December 7, 2012; as
applicable.

(j) Records Review or Measurement of Thickness of Secondary Fuel
Barrier

    For Group 4, Configuration 2, airplanes, as identified in Boeing
Service Bulletin 757-57-0060, Revision 4, dated December 7, 2012;
and Group 3, Configuration 2, airplanes, as identified in Boeing
Service Bulletin 757-57-0061, Revision 3, dated December 7, 2012:
Within 72 months, review the maintenance records to determine if
there was a minimum of 0.005 inch of new secondary fuel barrier
applied, or if the thickness of the secondary fuel barrier cannot be
determined from the maintenance records, measure the thickness of
the secondary fuel barrier. If the thickness is less than or more
than the acceptable limits specified in Boeing Service Bulletin 757-
57-0060, Revision 4, dated December 7, 2012; or Boeing Service
Bulletin 757-57-0061, Revision 3, dated December 7, 2012; as
applicable; apply more secondary fuel barrier or repair before
further flight, in accordance with the Accomplishment Instructions
of Boeing Service Bulletin 757-57-0060, Revision 4, dated December
7, 2012; or Boeing Service Bulletin 757-57-0061, Revision 3, dated
December 7, 2012; as applicable.

(k) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraphs (g), (h), (i), and (j) of this AD, if those actions were
performed before the effective date of this AD using the applicable
service information specified in paragraphs (k)(1) through (k)(4) of
this AD, which are not incorporated by reference in this AD.
    (1) For Group 3 airplanes, as identified in Boeing Service
Bulletin 757-57-0060, Revision 4, dated December 7, 2012: Boeing
Service Bulletin 757-57-0060, Revision 1,

dated April 10, 2003; or Boeing Service Bulletin 757-57-0060, dated
January 9, 2003.
    (2) For all airplanes, as identified in Boeing Service Bulletin
757-57-0060, Revision 4, dated December 7, 2012: Boeing Service
Bulletin 757-57-0060, Revision 2, dated May 24, 2007; or Boeing
Service Bulletin 757-57-0060, Revision 3, dated May 9, 2012.
    (3) For all airplanes, as identified in Boeing Service Bulletin
757-57-0061, Revision 3, dated December 7, 2012: Boeing Service
Bulletin 757-57-0061, Revision 1, dated May 24, 2007; or Boeing
Service Bulletin 757-57-0061, Revision 2, dated May 4, 2012.
    (4) For Group 2 airplanes, as identified in Boeing Service
Bulletin 757-57-0061, Revision 3, dated December 7, 2012: Boeing
Service Bulletin 757-57-0061, dated February 6, 2003.

(l) No Reporting Requirement

    Although Boeing Service Bulletin 757-57-0060, Revision 4, dated
December 7, 2012; and Boeing Service Bulletin 757-57-0061, Revision
3, dated December 7, 2012; specify to submit certain information to
the manufacturer, this AD does not include that requirement.

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(n) Related Information

    (1) For more information about this AD, contact Kevin Nguyen,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle
Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton,
WA 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Service Bulletin 757-57-0060, Revision 4, dated
December 7, 2012.
    (ii) Boeing Service Bulletin 757-57-0061, Revision 3, dated
December 7, 2012.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view copies of this service information that is
incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on March 29, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-08191 Filed 4-12-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Notices]
[Pages 40241-40243]
[FR Doc No: 2013-15929]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69877; File No. SR-BATS-2013-036]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing of a Proposed Rule Change To Introduce a Connectivity Option
Through Points of Presence

June 27, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on June 19, 2013, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposed rule change to offer a new means of
connecting to the Exchange via physical connections in a data center
other than the data centers where the Exchange's servers are located.
    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to offer new physical
connections to Members and non-Members of the Exchange.
    The Exchange currently maintains a presence in two third-party data
centers: (i) The primary data center where the Exchange's business is
primarily conducted on a daily basis, and (ii) a secondary data center,
which is predominantly maintained for business continuity purposes.
Exchange participants, including participants trading on the Exchange
and market data recipients, are required to connect directly to the
Exchange at the data centers where the Exchange maintains servers. If
an Exchange participant does not have a presence within the same data
centers as the Exchange then such connection necessarily involves
acquiring connectivity from a participant's location or data center to
the data centers where the Exchange's servers are located. The Exchange
is proposing to provide market participants with the ability to access
the Exchange's network through data center entry points at one or more
data centers other than the Exchange's primary or secondary data center
(``Remote Data Centers''), or Points of Presence (``PoPs'').
    PoP ports will be located at Remote Data Centers in order to
provide participants that may not have a presence at the Exchange's
primary or secondary data center with connectivity to such data
centers. Connectivity established via PoP ports at any data center
where the Exchange offers them will allow market participants to
perform all operations that they would typically perform when
connecting directly to the Exchange at the Exchange's primary or
secondary data

center, including order entry and receipt of market data. In providing
this service, participants will establish a physical connection to the
PoP ports in the Remote Data Center, from which point the Exchange will
provide the requisite connectivity for the participants to access the
Exchange's primary and/or secondary data centers through one or more
third party telecommunications carriers.
    PoP access will not provide any market participant a connectivity
option from the PoP data center to the Exchange's primary or secondary
data center that the Exchange can guarantee is any faster or more
reliable than can be achieved through independently established
connections to the Exchange's primary or secondary data center.
However, the Exchange does believe that some participants may choose to
connect to the Exchange at a PoP to the extent the Exchange's service
offering makes connecting to the Exchange in this way more easily
established (i.e., rather than separately establishing relationships
with one or more connectivity providers) or more cost effective. While
PoP access will be available to all participants, the Exchange believes
it will be most attractive to smaller market participants that
otherwise may not connect to the Exchange at all.
    As noted above, participants that do not maintain a presence in
either of the Exchange's data centers must establish connectivity to
such data centers and currently must do so through third party
telecommunications providers. By making PoP entry points available, the
Exchange is adding additional entry points to the Exchange's network
and reducing the need for such connectivity for participants located in
the same data center as such PoPs. Thus, the optional means of access
to the Exchange via PoPs at other data centers will provide market
participants with another means of accessing the Exchange.
    The Exchange proposes to provide the option to connect to the
Exchange via physical ports at data centers where the Exchange
maintains PoPs to any Member or non-member that has been approved to
connect to the Exchange. Specifically, a PoP connection could be used
by any Member, non-member service bureau that acts as a conduit for
orders entered by Exchange Members, Sponsored Participant, or market
data recipient. This new access option is in response to industry
demand. Clients opting not to access the Exchange at a PoP point of
entry will still be able to access the Exchange in the existing data
centers in the same way as they do currently. The Exchange does not
anticipate that demand will exceed the capacity planned for PoP access.
In the event that demand does exceed the capacity planned for PoP
access, the Exchange will expand its infrastructure as necessary in
order to meet demand.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\3\
Specifically, the Exchange believes the proposal furthers the
objectives of Section 6(b)(5) \4\ of the Act in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest and is not designed to permit unfair discrimination between
customer, issuers, brokers and dealers.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f.
    \4\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Competition for customers and order flow amongst exchanges and
other non-exchange market participants is considerable and the Exchange
believes that the proposal to offer PoP connectivity clearly evidences
such competition. The Exchange is offering this new connectivity option
to keep pace with changes in the industry and evolving customer needs.
PoP connectivity will be available to all Exchange constituents to whom
such connectivity will be useful and cost-effective. The offering is
entirely optional, and is geared towards attracting new customers, as
well as retaining existing customers.

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 not necessary or appropriate in
furtherance of the purposes of the Act. To the contrary, this proposal
will promote competition through the offering of an optional,
additional mechanism to connect to the Exchange. The proposed rule
change will enhance competition among service providers offering
connections between market participants and the data centers. The
offering will expand the multiple means of connectivity available,
allowing customers to compare the benefits and costs connectivity with
reference to numerous variables. The Exchange, and presumably its
competitors, selects service providers on a competitive basis in order
to pass along price advantages to their customers, and to win and
maintain their business. The offering is consistent with the Exchange's
own incentives to facilitate as many market participants as possible in
connecting to its market.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please
include File Number SR-BATS-2013-036 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-BATS-2013-036. 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-
BATS-2013-036 and should be submitted on or before July 24, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\5\
---------------------------------------------------------------------------

    \5\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-15929 Filed 7-2-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Notices]
[Pages 59210-59211]
[FR Doc No: 2016-20624]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-2443-000]

NextEra Blythe Solar Energy Center, LLC; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
NextEra Blythe Solar Energy Center, LLC`s application for market-based
rate authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888

First Street NE., Washington, DC 20426, in accordance with Rules 211
and 214 of the Commission's Rules of Practice and Procedure (18 CFR
385.211 and 385.214). Anyone filing a motion to intervene or protest
must serve a copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 12, 2016.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic 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
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: August 23, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-20624 Filed 8-26-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Notices]
[Page 72799]
[FR Doc No: 2016-25456]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: CP16-503-000.
    Applicants: UGI Storage Company and UGI Central Penn Gas, Inc.
    Description: Abbreviated Joint Application of UGI Storage Company
and UGI Central Penn Gas, Inc. to Abandon Capacity Lease and Amend
Certificate.
    Filed Date: 9/22/16.
    Accession Number: 20160922-5054.
    Comments Due: 5 p.m. ET 10/13/16.

    Docket Numbers: RP16-1242-000.
    Applicants: Kern River Gas Transmission Company.
    Description: Sec.  4(d) Rate Filing: 2016 Misc Updates Third Rev
Col 1 to be effective 10/24/2016.
    Filed Date: 9/22/16.
    Accession Number: 20160922-5059.
    Comments Due: 5 p.m. ET 10/4/16.

    Docket Numbers: RP16-1243-000.
    Applicants: ANR Storage Company.
    Description: Compliance filing Compliance to RP16-1030-000 to be
effective 7/1/2016.
    Filed Date: 9/22/16.
    Accession Number: 20160922-5074.
    Comments Due: 5 p.m. ET 10/4/16.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP16-1168-001.
    Applicants: Midcontinent Express Pipeline LLC.
    Description: Compliance filing Buy Out Language Filing Compliance
to be effective 9/10/2016.
    Filed Date: 9/20/16.
    Accession Number: 20160920-5051.
    Comments Due: 5 p.m. ET 10/3/16.

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

    Dated September 22, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-25456 Filed 10-20-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 153 (Friday, August 7, 2020)]
[Rules and Regulations]
[Page 47912]
[FR Doc No: 2020-17011]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2020-0402]

Special Local Regulation; Southern California Annual Marine
Events for San Diego--San Diego Bayfair

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the San Diego Bayfair special
local regulations on the waters of Mission Bay, California from
September 18 through September 20, 2020. These special local
regulations are necessary to provide for the safety of the
participants, crew, spectators, sponsor vessels, and general users of
the waterway. During the enforcement period, persons and vessels are
prohibited from anchoring, blocking, loitering, or impeding within this
regulated area unless authorized by the Captain of the Port, or his
designated representative.

DATES: The regulations in 33 CFR 100.1101, Item 9, will be enforced
from 6 a.m. until 6 p.m., each day from September 18, 2020 through
September 20, 2020.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Lieutenant Briana Biagas,
Waterways Management, U.S. Coast Guard Sector San Diego, CA; telephone
(619) 278-7656, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce special local
regulations in 33 CFR 100.1101 for the San Diego Bayfair race regulated
area from 6 a.m. to 6 p.m. from September 18, 2020 through September
20, 2020. This action is being taken to provide for the safety of life
on navigable waterways during this 3-day event. Our regulation for
marine events within the Eleventh Coast Guard District, Sec.  100.1101,
specifies the location of the regulated area for the San Diego Bayfair
which encompasses the waters of Mission Bay to include Fiesta Bay, the
east side of Vacation Isle, and Crown Point shores. Under the
provisions of Sec.  100.1101, persons and vessels are prohibited from
anchoring, blocking, loitering, or impeding within this regulated area
unless authorized by the Captain of the Port, or his designated
representative. The Coast Guard may be assisted by other Federal,
State, or local law enforcement agencies in enforcing this regulation.
    In addition to this notice of enforcement in the Federal Register,
the Coast Guard plans to provide notification of this enforcement
period via the Local Notice to Mariners and local advertising by the
event sponsor.
    If the Captain of the Port Sector San Diego or his designated
representative determines that the regulated area need not be enforced
for the full duration stated on this document, he or she may use a
Safety Marine Information Broadcast or other communications coordinated
with the event sponsor to grant general permission to enter the
regulated area.

    Dated: July 29, 2020.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2020-17011 Filed 8-6-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: May 8, 2008 (Volume 73, Number 90)]
[Rules and Regulations]
[Page 26000-26001]
[DOCID:fr08my08-13]

=======================================================================
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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 080307395-8515-01]
RIN 0694-AE32

Technical Corrections to the Export Administration Regulations
Based Upon a Systematic Review of the CCL; Correction

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Correcting amendment.

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SUMMARY: The Bureau of Industry and Security published a final rule in
the Federal Register on April 18, 2008 (73 FR 21035), that amended the
Export Administration Regulations (EAR) to make various technical
corrections and clarifications to the EAR as a result of a systematic
review of the CCL. The amendments in that final rule included a
revision to the ``Unit'' paragraph in the List of Items Controlled
section of Export Control Classification Number (ECCN) 9A004. However,
because of an inadvertent formatting error in a rule published on March
18, 1999 (64 FR 13338), the ``Related Controls'' paragraph in that CCL
entry appeared to be a part of the ``Unit'' paragraph. This resulted in
the inadvertent removal of the ``Related Controls'' paragraph in the
List of Items Controlled section of that ECCN entry when the ``Unit''
paragraph was revised with the publication of the April 18, 2008, rule.
Today's rule corrects that inadvertent removal by adding the ``Related
Controls'' paragraph back into that ECCN entry.

DATES: Effective Date: This rule is effective: May 8, 2008.

ADDRESSES: You may submit comments, identified by RIN 0694-AE32, by any
of the following methods:
    E-mail<EMAIL_ADDRESS>Include ``RIN 0694-AE32'' in
the subject line of the message.
    Fax:<PHONE_NUMBER>. Please alert the Regulatory Policy Division,
by calling<PHONE_NUMBER>, if you are faxing comments.
    Mail or Hand Delivery/Courier: Timothy Mooney, U.S. Department of
Commerce, Bureau of Industry and Security, Regulatory Policy Division,
14th Street & Pennsylvania Avenue, NW., Room 2705, Washington, DC
20230, Attn: RIN 0694-AE32.
    Send comments regarding the collection of information associated
with this rule, including suggestions for reducing the burden, to David
Rostker, Office of Management and Budget (OMB), by e-mail to David--
<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>; and to the U.S.
Department of Commerce, Bureau of Industry and Security, Regulatory
Policy Division, 14th Street & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230. Comments on this collection of information should
be submitted separately from comments on the final rule (i.e. RIN 0694-
AE32)--all comments on the latter should be submitted by one of the
three methods outlined above.

FOR FURTHER INFORMATION CONTACT: Timothy Mooney, Office of Exporter
Services, Bureau of Industry and Security, U.S. Department of Commerce;
by telephone:<PHONE_NUMBER>; or by fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    On April 18, 2008, the final rule, Technical Corrections to the
Export Administration Regulations based upon a Systematic Review of the
CCL was published in the Federal Register (73 FR 21035). The amendments
in that final rule included a revision to the ``Unit'' paragraph in the
List of Items Controlled section of Export Control Classification
Number (ECCN) 9A004. The changes made in the April 18 rule made no
changes to the ``Related Controls'' paragraph of that ECCN entry.
However, because of an inadvertent formatting error that occurred in a
final rule published on March 18, 1999 (64 FR 13338), the ``Related
Controls'' paragraph appeared to be a part of the ``Unit'' paragraph,
which resulted in the inadvertent removal of the ``Related Controls''
paragraph in the List of Items Controlled section when the ``Unit''
paragraph was revised with the publication of the April 18, 2008, rule.
The formatting issue involved the ``Related Controls'' paragraph not
appearing on its own line in the Code of Federal Regulations (CFR) and
the ``Related Controls'' heading not being italicized. This rule
corrects those inadvertent formatting errors from the 1999 rule that
were compounded with the publication of the April 18 rule, by adding
the ``Related Controls'' paragraph back into ECCN 9A004.
    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of August 15,
2007, 72 FR 46137 (August 16, 2007), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for
purposes of E.O. 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with a collection of information, subject to the
requirements of the Paperwork Reduction Act, unless that collection of
information displays a currently valid Office of Management and Budget
Control Number. This rule contains a collection of information subject
to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This
collection has been approved by the Office of Management and Budget
under control number 0694-0088, ``Multi-Purpose Application,'' which
carries a burden hour estimate of 58 minutes for a manual or electronic
submission.
    3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
    4. The Department finds that there is good cause under 5 U.S.C.
553(b)(B) to waive the provisions of the Administrative Procedure Act
requiring prior notice and the opportunity for public comment because
they are unnecessary. The changes made by this rule are not substantive
changes, but rather are updates to cross-references, conformance of
units of measure to item descriptions, and removal of outdated
references. This rule does not alter any right, obligation or
prohibition that applies to any person under the Export Administration
Regulations (EAR). Because these revisions are not substantive changes,
it is unnecessary to provide notice and opportunity for

public comment. In addition, the 30-day delay in effectiveness required
by 5 U.S.C. 553(d) is not applicable because this rule is not a
substantive rule. Because a notice of proposed rulemaking and an
opportunity for public comment are not required to be given for this
rule under the Administrative Procedure Act or by any other law, the
analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are not applicable.

List of Subjects in 15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

0
Accordingly, part 774 of the Export Administration Regulations (15 CFR
parts 730-774) is corrected by making the following correcting
amendment:

PART 774--[CORRECTED]

0
1. The authority citation for 15 CFR part 774 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5;
22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; Notice of August 15, 2007, 72 FR 46137 (August 16, 2007).

0
2. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Propulsion Systems, Space Vehicles and Related Equipment,
Export Control Classification Number (ECCN) 9A004 is amended by adding
the ``Related Controls'' paragraph in the List of Items Controlled
section, to read as follows:

Supplement No. 1 to Part 774--The Commerce Control List

* * * * *

9A004 Space launch vehicles and ``spacecraft''.

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls:
    (1.) See also 9A104.
    (2.) Space launch vehicles are under the jurisdiction of the
Department of State.
    (3.) Effective March 15, 1999, all satellites, including
commercial communications satellites, are subject to the ITAR.
Effective March 15, 1999, all license applications for the export of
commercial communications satellites will be processed by the State
Department, Directorate of Defense Trade Controls. Retransfer of
jurisdiction for commercial communications satellites and related
items shall not affect the validity of any export license issued by
the Department of Commerce prior to March 15, 1999, or of any export
license application filed under the Export Administration
Regulations on or before March 14, 1999, and subsequently issued by
the Department of Commerce. Commercial communications satellites
licensed by the Department of Commerce, including those already
exported, remain subject to the EAR and all terms and conditions of
issued export licenses until their stated expiration date. All
licenses issued by the Department of Commerce for commercial
communications satellites, including licenses issued after March 15,
1999, remain subject to SI controls throughout the validity of the
license. Effective March 15, 1999, Department of State jurisdiction
shall apply to any instance where a replacement license would
normally be required from the Department of Commerce. Transferring
registration or operational control to any foreign person of any
item controlled by this entry must be authorized on a license issued
by the Department of State, Directorate of Defense Trade Controls.
This requirement applies whether the item is physically located in
the United States or abroad.
    (4.) All other ``spacecraft'' not controlled under 9A004 and
their payloads, and specifically designed or modified components,
parts, accessories, attachments, and associated equipment, including
ground support equipment, are subject to the export licensing
authority of the Department of State unless otherwise transferred to
the Department of Commerce via a commodity jurisdiction
determination by the Department of State.
    (5.) Exporters requesting a license from the Department of
Commerce for ``spacecraft'' and their associated parts and
components, other than the international space station, must provide
a statement from the Department of State, Directorate of Defense
Trade Controls, verifying that the item intended for export is under
the licensing jurisdiction of the Department of Commerce. All
specially designed or modified components, parts, accessories,
attachments, and associated equipment for ``spacecraft'' that have
been determined by the Department of State through the commodity
jurisdiction process to be under the licensing jurisdiction of the
Department of Commerce and that are not controlled by any other ECCN
on the Commerce Control List will be assigned a classification under
this ECCN 9A004.
    (6.) Technical data required for the detailed design,
development, manufacturing, or production of the international space
station (to include specifically designed parts and components)
remains under the jurisdiction of the Department of State. This
control by the ITAR of detailed design, development, manufacturing
or production technology for NASA's international space station does
not include that level of technical data necessary and reasonable
for assurance that a U.S.-built item intended to operate on NASA's
international space station has been designed, manufactured, and
tested in conformance with specified requirements (e.g., operational
performance, reliability, lifetime, product quality, or delivery
expectations). All technical data and all defense services,
including all technical assistance, for launch of the international
space station, including launch vehicle compatibility, integration,
or processing data, are controlled and subject to the jurisdiction
of the Department of State, in accordance with 22 CFR parts 120
through 130.
* * * * *

Eileen Albanese,
Director, Office of Exporter Services.
[FR Doc. E8-10309 Filed 5-7-08; 8:45 am]

BILLING CODE 3510-33-P