[Federal Register: November 4, 2008 (Volume 73, Number 214)]
[Rules and Regulations]
[Page 65511-65514]
[DOCID:fr04no08-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29343; Directorate Identifier 2000-NE-13-AD;
Amendment 39-15721; AD 2008-22-24]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce plc RB211-535E4-37, RB211-
535E4-B-37, and RB211-535E4-B-75 Series Turbofan Engines

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD) for Rolls-Royce plc (RR) RB211-535E4-37, RB211-535E4-B-37, and
RB211-535E4-B-75 series turbofan engines. That AD currently requires
initial and repetitive ultrasonic inspections of installed low pressure
compressor (LPC) fan blade roots on-wing and during overhaul, and
relubrication according to accumulated life cycles. Also, that AD
introduces application of Metco 58 blade root coating as an optional
terminating action. This AD requires the same actions but adds
compliance paragraphs to relax the compliance schedule for repetitive
inspections for fan blades operating within RB211-535E4 flight profiles
A and B, if certain requirements are met. This AD also relaxes the
initial compliance threshold by extending the cycles at which an
initial inspection is required. This AD results from RR issuing
Mandatory Service Bulletin (MSB) No. RB.211-72-C879, Revision 5 and
Revision 6, that introduced a relaxed repetitive compliance schedule
for fan blades operating within RB211-535E4 flight profiles A and B, if
certain requirements are met, and introduced a relaxed initial
compliance threshold. We are issuing this AD to detect cracks in LPC
fan blade roots, which if not detected, could lead to uncontained
multiple fan blade failure, and damage to the airplane.

DATES: This AD becomes effective December 9, 2008. The Director of the
Federal Register approved the incorporation by reference of certain
publications listed in the regulations as of December 9, 2008.

ADDRESSES: You can get the service information identified in this AD
from Rolls-Royce plc, PO Box 31, Derby, England, DE248BJ; telephone:
011-44-1332-242-424; fax: 011-44-1332-249-936.
    The Docket Operations office is located at Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.

FOR FURTHER INFORMATION CONTACT: Ian Dargin, Aerospace Engineer, Engine
Certification Office, FAA, Engine and Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 by
superseding AD 2005-02-05, Amendment 39-13950 (70 FR 3863, January 27,
2005), with a proposed AD. The proposed AD applies to RR RB211-535E4-
37, RB211-535E4-B-37, and RB211-535E4-B-75 series turbofan engines. We
published the proposed AD in the Federal Register on October 25, 2007
(72 FR 60606). That action proposed to require initial and repetitive
ultrasonic inspections of installed LPC fan blade roots on-wing and
during overhaul, and relubrication according to accumulated life
cycles. That action also proposed to add compliance paragraphs to relax
the compliance schedule for repetitive inspections for RB211-535E4
engines operating in flight profiles A and B, if certain requirements
are met.

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 AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is provided in
the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

Comments

    We provided the public the opportunity to participate in the
development of this AD. We have considered the comment received.
    One commenter states that Rolls-Royce plc issued Mandatory Service
Bulletin No. RB.211-72-C879, Revision 6, dated December 14, 2007, while
the proposed AD comment period was still open, and the AD should
reference Revision 6.
    We agree. Revision 6 contains the changes from Revision 5, and
relaxes the initial compliance threshold by extending the cycles at
which an inspection is required. We changed the AD to reference
Revision 6, and made the following changes based on Revision 6:
     We deleted proposed AD paragraph (f), which referenced
full sets of fan blades modified using RR Service Bulletin No. RB.211-
72-C946, Revision 2, dated September 26, 2002, as the reference is
unnecessary. As a result we recodified paragraphs (f) through (n).
     We clarified that the ultrasonic inspection is performed
on the fan blade roots.
     Proposed AD paragraph (g) is changed from ``On RB211-535E4
engines, operated to Flight Profile A, ultrasonically inspect, and if
required,

relubricate using the following Table 2'' to the following:
    ``(f) On RB211-535E4 engines, operated to Flight Profile A:
    (1) Ultrasonically inspect the fan blade root, and if required,
relubricate using one of the methods in Table 2 of this AD.
    (2) If the initial inspection is complete prior to 18,600 cycles-
since-new (CSN), then the next inspection may be postponed until 20,000
CSN.''
     Proposed AD paragraph (h) is changed from ``On RB211-535E4
engines, operated to Flight Profile B, ultrasonically inspect, and if
required, relubricate using the following Table 3:'' to the following:
    ``(g) On RB211-535E4 engines, operated to Flight Profile B:
    (1) Ultrasonically inspect the fan blade root, and if required,
relubricate using one of the methods in Table 3 of this AD.
    (2) If the initial inspection is complete prior to 14,150 CSN, then
the next inspection may be postponed until 15,000 CSN.''
     Proposed AD paragraph (i) is changed from ``On RB211-535E4
engines, operated to Flight Profile A and B, ultrasonically inspect,
and if required, relubricate using the following Table 4:'' to the
following:
    ``(i) For fan blades operated to any combination of RB211-535E4
Flight Profile A, -535E4 Flight Profile B, -535E4-B, -535E4-B and -
535E4-C engines:
    (1) Calculate an equivalent CSN as defined in the Time Limits
Manual. See References Section 1.G.(3), of MSB RB.211-72-C879, Revision
6, dated December 14, 2007.
    (2) For fan blades that are currently flying in Profile A, inspect
using paragraph (f) and Table 2 of this AD using equivalent CSN.
    (3) For fan blades that are currently flying in Profile B, inspect
using paragraph (g) and Table 3 of this AD using equivalent CSN.
    (4) For fan blades that are currently flying in an RB211-535E4-B
engine, inspect using paragraph (h) and Table 4 of this AD using
equivalent CSN.''
     We deleted proposed AD Table 4 because the information in
it was redundant. We recodified proposed AD Table 5 to Table 4.
     We clarified in three of the proposed AD tables that
relubrication is to be done at shop visit if blade life is more than
19,650 cycles, 14,650 cycles, and 19,650 respectively.
     Proposed AD paragraph (j) is changed from ``For RB211-
535E4 engines that are currently flying in Profile A, if the initial
inspection is completed before X minus 1,400 cycles then the next
inspection may be delayed to X, where X is 65% of the revised life
limit'' to ``(i)(2) For fan blades that are currently flying in Profile
A, inspect using paragraph (f) and Table 2 of this AD using equivalent
CSN''.
     Proposed AD paragraph (k) is changed from ``For RB211-
535E4 engines that are currently flying in Profile B, if the initial
inspection is completed before X minus 850 cycles then the next
inspection may be delayed to X, where X is 65% of the revised life
limit'' to ``(i)(3) For fan blades that are currently flying in Profile
B, inspect using paragraph (g) and Table 3 of this AD using equivalent
CSN''.
     Proposed AD paragraph (l) is deleted and incorporated into
paragraph (i).
     Proposed AD paragraph (m) is changed from ``On RB211-
535E4-B engines, ultrasonically inspect, and if required, relubricate
using the following Table 5:'' to the following:
    ``(h) On RB211-535E4-B engines:
    (1) Ultrasonically inspect the fan blade root, and if required,
relubricate using one of the methods in Table 4 of this AD.
    (2) If the initial inspection is complete prior to 18,800 CSN, then
the next inspection may be postponed until 20,000 CSN.''
    In addition, we updated our estimate of the total cost of the AD to
U.S. operators to $441,280. The proposed AD estimated the total cost of
the AD to U.S. operators to be $358,540. The estimate in the proposed
AD was based on an estimated average labor rate of $65 per work-hour.
The latest estimated average labor rate is $80 per work-hour.

Conclusion

    We have carefully reviewed the available data, including the
comment received, and determined that air safety and the public
interest require adopting the AD with the change described previously.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    We estimate that this AD will affect 788 engines installed on
airplanes of U.S. registry. We also estimate that it will take about 7
work-hours per engine to perform the actions, and that the average
labor rate is $80 per work-hour. Based on these figures, we estimate
the total cost of the AD to U.S. operators to be $441,280.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the Federal Aviation Administration 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 removing Amendment 39-13950 (70 FR
3863, January 27, 2005), and by adding a new airworthiness directive,
Amendment 39-15721, to read as follows:

2008-22-24 Rolls-Royce plc: Amendment 39-15721. Docket No. FAA-2007-
29343; Directorate Identifier 2000-NE-13-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December
9, 2008.

Affected ADs

    (b) This AD supersedes AD 2005-02-05, Amendment 39-13950.

Applicability

    (c) This AD applies to Rolls-Royce plc (RR) RB211-535E4-37,
RB211-535E4-B-37, and RB211-535E4-B-75 series turbofan engines with
low pressure compressor (LPC) fan blades with the part numbers (P/
Ns) listed in Table 1 of this AD. These engines are installed on,
but not limited to, Boeing 757 and Tupolev Tu204 series airplanes.
Table 1 follows:

                                     Table 1--Applicable LPC Fan Blade P/Ns
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----------------------------------------------------------------------------------------------------------------
            UL16135                UL16171                UL16182                UL19643               UL20044
            UL20132                UL20616                UL21345                UL22286               UL23122
            UL24525                UL24528                UL24530                UL24532               UL24534
            UL27992                UL28601                UL28602                UL29511               UL29556
            UL30817                UL30819                UL30933                UL30935               UL33707
            UL33709                UL36992                UL37090                UL37272               UL37274
            UL37276                UL37278                UL38029                UL38032
----------------------------------------------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from RR issuing Mandatory Service Bulletin
(MSB) No. RB.211-72-C879, Revision 5 and Revision 6, that introduced
a relaxed repetitive compliance schedule for fan blades operating
within RB211-535E4 flight profiles A and B, if certain requirements
are met, and introduced a relaxed initial compliance threshold. We
are issuing this AD to detect cracks in low pressure compressor
(LPC) fan blade roots, which if not detected, could lead to
uncontained multiple fan blade failure, and damage to the airplane.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified unless the
actions have already been done.
    (f) On RB211-535E4 engines, operated to Flight Profile A:
    (1) Ultrasonically inspect the fan blade root, and if required,
relubricate using one of the methods in Table 2 of this AD.
    (2) If the initial inspection is complete prior to 18,600
cycles-since-new (CSN), then the next inspection may be postponed
until 20,000 CSN.

                                      Table 2--RB211-535E4 Flight Profile A
----------------------------------------------------------------------------------------------------------------
                                                                                Repeat
                                                                                inspection
                                        Initial                              In accordance with   within  cycles
          Engine location             inspection         Type action         mandatory service      since last
                                     within  (CSN)                             bulletin (MSB)       inspection
                                                                                (CSLI)
----------------------------------------------------------------------------------------------------------------
(1) On-wing.......................          20,000  (i) Root Probe         RB.211-72-C879                  1,400
                                                     inspect, OR.           Revision 6, 3.A.(1)
                                                                            through 3.A.(7),
                                                                            dated December 14,
                                                                            2007.
                                                    (ii) Wave Probe        RB.211-72-C879                  1,150
                                                     inspect.               Revision 6, 3.B.(1)
                                                                            through 3.B.(7),
                                                                            dated December 14,
                                                                            2007.
(2) In shop.......................          20,000  Root Probe inspect.    RB.211-72-C879                  1,400
                                                     Relubricate if blade   Revision 6, 3.C.(1)
                                                     life is more than      through 3.C.(4),
                                                     19,650 cycles.         dated December 14,
                                                                            2007.
----------------------------------------------------------------------------------------------------------------

    (g) On RB211-535E4 engines, operated to Flight Profile B:
    (1) Ultrasonically inspect the fan blade root, and if required,
relubricate using one of the methods in Table 3 of this AD.
    (2) If the initial inspection is complete prior to 14,150 CSN,
then the next inspection may be postponed until 15,000 CSN.

                                      Table 3--RB211-535E4 Flight Profile B
----------------------------------------------------------------------------------------------------------------
                                        Initial                                                       Repeat
          Engine location             inspection         Type action         In accordance with     inspection
                                     within  (CSN)                                  MSB             within CSLI
----------------------------------------------------------------------------------------------------------------
(1) On-wing.......................          15,000  (i) Root Probe         RB.211-72-C879                    850
                                                     inspect, OR.           Revision 6, 3.A.(1)
                                                                            through 3.A.(7),
                                                                            dated December 14,
                                                                            2007.
                                                    (ii) Wave Probe        RB.211-72-C879                    700
                                                     inspect.               Revision 6, 3.B.(1)
                                                                            through 3.B.(7),
                                                                            dated December 14,
                                                                            2007.
(2) In shop.......................          15,000  Root Probe, inspect.   RB.211-72-C879                    850
                                                     Relubricate if blade   Revision 6, 3.C.(1)
                                                     life is more than      through 3.C.(4),
                                                     14,650 cycles.         dated December 14,
                                                                            2007.
----------------------------------------------------------------------------------------------------------------

    (h) On RB211-535E4-B engines:
    (1) Ultrasonically inspect the fan blade root, and if required,
relubricate using one of the methods in Table 4 of this AD.
    (2) If the initial inspection is complete prior to 18,800 CSN,
then the next inspection may be postponed until 20,000 CSN.

                                             Table 4--RB211-535E4-B
----------------------------------------------------------------------------------------------------------------
                                        Initial                                                       Repeat
          Engine location             inspection         Type action         In accordance with     inspection
                                     within  (CSN)                                  MSB            within (CSLI)
----------------------------------------------------------------------------------------------------------------
(i) On-wing.......................          20,000  (A) Root Probe         RB.211-72-C879                  1,200
                                                     inspect, OR.           Revision 6, 3.A.(1)
                                                                            through 3.A.(7),
                                                                            dated December 14,
                                                                            2007.
                                                    (B) Wave Probe         RB.211-72-C879                  1,000
                                                     inspect.               Revision 6, 3.B.(1)
                                                                            through 3.B.(7),
                                                                            dated December 14,
                                                                            2007.
(ii) In shop......................          20,000  Root Probe inspect.    RB.211-72-C879                  1,200
                                                     Relubricate if blade   Revision 6, 3.C.(1)
                                                     life is more than      through 3.C.(4),
                                                     19,650 cycles.         dated December 14,
                                                                            2007.
----------------------------------------------------------------------------------------------------------------

    (i) For fan blades operated to any combination of RB211-535E4
Flight Profile A, -535E4 Flight Profile B, -535E4-B, -535E4-B and -
535E4-C engines:
    (1) Calculate an equivalent CSN as defined in the Time Limits
Manual. See References Section 1.G.(3), of MSB RB.211-72-C879,
Revision 6, dated December 14, 2007.
    (2) For fan blades that are currently flying in Profile A,
inspect using paragraph (f) and Table 2 of this AD using equivalent
CSN.
    (3) For fan blades that are currently flying in Profile B,
inspect using paragraph (g) and Table 3 of this AD using equivalent
CSN.
    (4) For fan blades that are currently flying in an RB211-535E4-B
engine, inspect using paragraph (h) and Table 4 of this AD using
equivalent CSN.

Optional Terminating Action

    (j) Application of Metco 58 blade root coating using RR SB No.
RB.211-72-C946, Revision 2, dated September 26, 2002, constitutes
terminating action to the repetitive inspection requirements
specified in paragraphs (f), (g), (h), and (i) of this AD.

Alternative Methods of Compliance

    (k) The Manager, Engine Certification Office, has the authority
to approve alternative methods of compliance for this AD if
requested using the procedures found in 14 CFR 39.19.

Previous Credit

    (l) Inspections and relubrication done before the effective date
of this AD that use AD 2003-12-15 (Amendment 39-13200, 68 FR 37735,
June 25, 2003), RR MSB No. RB.211-72-C879, Revision 3, dated October
9, 2002, MSB No. RB.211-72-C879, Revision 4, dated April 2, 2004, or
MSB No. RB.211-72-C879, Revision 5, dated March 8, 2007, comply with
the requirements specified in this AD.

Related Information

    (m) United Kingdom Civil Aviation Authority airworthiness
directive AD 002-01-2000, dated October 9, 2002, also addresses the
subject of this AD.
    (n) Contact Ian Dargin, Aerospace Engineer, Engine Certification
Office, FAA, Engine and Propeller Directorate, 12 New England
Executive Park, Burlington, MA 01803; e-mail<EMAIL_ADDRESS>
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>, for more information
about this AD.

Material Incorporated by Reference

    (o) You must use Rolls-Royce plc Mandatory Service Bulletin No.
RB.211-72-C879, Revision 6, dated December 14, 2007 to perform the
inspections and relubrication required by this AD. The Director of
the Federal Register approved the incorporation by reference of this
service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Contact Rolls-Royce plc, PO Box 31, Derby, England, DE248BJ;
telephone: 011-44-1332-242424; fax: 011-44-1332-249936, for a copy
of this service information. You may review copies at the FAA, New
England Region, 12 New England Executive Park, Burlington, MA; or at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal-register/cfr/
ibr-locations.html.

    Issued in Burlington, Massachusetts, on October 23, 2008.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. E8-25891 Filed 11-3-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 74 (Monday, April 18, 2011)]
[Notices]
[Pages 21791-21792]
[FR Doc No: 2011-9319]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0312]

Parts and Accessories Necessary for Safe Operation; Exemption
Renewal for DriveCam, Inc.

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemption; request for comments.

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SUMMARY: FMCSA renews the exemption requested by DriveCam, Inc.
(DriveCam) which allows the placement of video event recorders at the
top of the windshields on commercial motor vehicles (CMVs). CMVs may
continue to use the video event recorders to increase safety through
(1) identification and remediation of risky driving behaviors such as
distracted driving and drowsiness; (2) enhanced monitoring of passenger
behavior for CMVs in passenger service; and (3) enhanced collision
review and analysis. The Agency has concluded that granting this
exemption renewal will maintain a level of safety that is equivalent to
or greater than the level of safety achieved without the exemption.
However, FMCSA also solicits comments and information on the exemption,
especially from anyone who believes this standard will not be
maintained.

DATES: This decision is effective April 16, 2011. Comments must be
received on or before May 18, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) number FMCSA-2008-0312 by any of the following
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue, SE., Washington,
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.
e.t., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and
docket number for this notice. For detailed instructions on submitting
comments and additional information on the exemption process, see the
``Public Participation'' heading below. Note that all comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided. Please see the ``Privacy Act''
heading for further information.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to Room W12-140,
DOT Building, New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The Federal
Docket Management System (FDMS) is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgment page that appears after submitting comments
on-line.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement for the FDMS published in the Federal
Register on January 17, 2008 (73 FR 3316) or you may visit http://
edocket/access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Bus and Truck Standards and Operations,
MC-PSV,<PHONE_NUMBER>; Federal Motor Carrier Safety Administration,
1200 New Jersey Avenue, SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315(b)(1), FMCSA may renew an
exemption from the Federal Motor Carrier Safety Regulations for a 2-
year period if it finds ``such exemption would likely achieve a level
of safety that is equivalent to, or greater than, the level that would
be achieved absent such exemption.'' DriveCam has requested a two year
extension of the current exemption from 49 CFR 393.60(e)(1). The
procedures for requesting an exemption (including renewals) are set out
in 49 CFR part 381.

Basis for Renewing Exemption

    DriveCam applied for an exemption from 49 CFR 393.60(e)(1) to allow
the use of video event recorders on all CMVs. FMCSA published a notice
of the application, and requested public comments, on October 31, 2008
(73 FR 65008). On April 15, 2009, FMCSA published a notice of final
disposition granting the exemption (74 FR 17549).
    Recently, FMCSA completed a driving behavior management system
study that involved installing video event recorders in two commercial
carrier fleets and collecting data using the systems. In June 2010,
FMCSA released a report titled ``Evaluating the Safety Benefits of a
Low-Cost Driving Behavior Management System in Commercial Vehicle
Operations,'' which outlined this study and its results. The two
carriers that participated in the study experienced a reduction in
safety-related events per 10,000 miles of over 38 percent at one
carrier and over 52 percent at the other. In addition, they found that
severe safety-related incidents decreased by more than 59 percent and
44 percent, respectively. The report is available on FMCSA' Web site
at: http://www.fmcsa.dot.gov/facts-research/research-/FMCSA-RRR-10-033.pdf.
    On September 28, 2010, the National Transportation Safety Board
(NTSB) published Highway Accident Report NTSB/HAR-10/02, ``Truck-
Tractor Semitrailer Rear-End Collision into Passenger Vehicles on
Interstate 44 Near Miami, Oklahoma, June 26, 2009.'' In this report,
NTSB issued two safety recommendations to FMCSA relating to the use of
video event recorders:
    Safety Recommendation H-10-10: ``Require all heavy commercial
vehicles to be equipped with video event recorders that capture data in
connection with the driver and the outside environment and roadway in
the event of a crash or sudden deceleration event. The device should
create recordings that are easily accessible for review when conducting
efficiency testing and systemwide performance-monitoring programs.''
    Safety Recommendation H-10-11: ``Require motor carriers to review
and use video event recorder information in conjunction with other
performance data to verify that driver actions are in accordance with
company and regulatory rules and procedures essential to safety.''
    In support of these safety recommendations, the report noted:

    * * * VERs [video event recorders] can provide information not
typically available through other investigative means, potentially
allowing a more accurate determination of probable cause. In the
case of the Miami accident, a forward-looking video could have
provided investigators more information on the actions of the
vehicles ahead of the accident truck and their visibility, and an
interior video could have allowed investigators to entirely rule out
medical incapacitation or distraction and

identify periods of reduced vigilance. The NTSB concludes that had
the accident truck been equipped with a VER, a more definitive
assessment of the driver's precrash condition and behavior would
have been possible * * *
    The NTSB has long advocated the use of recording devices as a
means of quantifying operator and vehicle behaviors in other modes
of transportation. NTSB investigations have benefitted from the
presence of data, video, and audio recorders in most modes of
transportation, and it is evident from FMCSA-funded research that
VER data are being used on a routine basis by transportation safety
managers to reduce risky behaviors by their drivers through
structured safety-performance-monitoring programs * * *
    The Miami accident investigation shows not only the value of
having scientific, unbiased data available when investigating and
reconstructing highway transportation accidents but also the value
of having video-based event data to correlate with analog and
digital EDR data to establish a driver's condition and state of
attention. Heavy commercial vehicle industry members could also
realize safety, cost, and other benefits by installing VERs in all
their vehicles. Therefore, the NTSB recommends that the FMCSA
require all heavy commercial vehicles to be equipped with VERs that
capture data in connection with the driver and the outside
environment and roadway in the event of a crash or sudden
deceleration event. The device should create recordings that are
easily accessible for review when conducting efficiency testing and
systemwide performance-monitoring programs. Further, the NTSB
recommends that the FMCSA require motor carriers to review and use
VER information in conjunction with other performance data to verify
that driver actions are in accordance with company and regulatory
rules and procedures essential to safety.

    NTSB/HAR-10/02, at 67, 68.
Renewal of the existing exemption to enable the continued voluntary use
of video event recorders is consistent with the NTSB's efforts to
expand the use of such technology as noted above.
    On May 15, 2009, FMCSA received a letter from Karen S. Burstein,
counsel for Transport Workers Union (TWU) Local 101 (``Local 101''),
requesting temporary suspension of the DriveCam exemption. Local 101
expressed concerns regarding the use and installation of video event
recorders on CMVs operated by National Grid, a utility operator in the
northeastern United States. A copy of this letter was placed in the
docket established by FMCSA for its notice of the DriveCam application
for an exemption and request for public comments (Docket No. FMCSA-
2008-0312).
    FMCSA determined that the information provided by Local 101 did not
warrant suspension of the exemption. Local 101 did not provide specific
evidence that safety was compromised through use of the video event
recorders. With respect to drivers' field of view, FMCSA concluded
that, provided the video event recorders are positioned within the top
two inches of the area swept by the windshield wiper, as specified in
the 2009 exemption, drivers' vision is not impacted any more than
when--for example--the sun visor is lowered. As noted in the original
exemption, trucks and buses generally have an elevated seating position
which greatly improves the forward visual field of the driver, and any
impairment of available sight lines is minimal.
    However, as a result of the letter from Local 101, FMCSA requested
(1) that DriveCam place in the docket specific mounting instructions
for its video event recorder unit, and (2) that DriveCam
representatives visit National Grid to review installation of the video
event recorder units in its vehicles. DriveCam satisfactorily addressed
both of these requests.

Exemption Decision

    FMCSA is not aware of any evidence showing that the installation of
video event recorders on CMVs, in accordance with the conditions of the
original exemption, has resulted in any degradation in safety. FMCSA
continues to believe that the potential safety gains from the use of
video event recorders to improve driver behavior will improve the
overall level of safety to the motoring public.
    The exemption is renewed subject to the requirements that video
event recorders installed in commercial motor vehicles be mounted not
more than 50mm (2 inches) below the upper edge of the area swept by the
windshield wipers, and located outside the driver's sight lines to the
road and highway signs and signals. The exemption will be valid for two
years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) Motor carriers and/or commercial motor vehicles fail
to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315.
    The Agency believes that extending the exemption for another two
years will likely achieve a level of safety that is equivalent to, or
greater than, the level of safety achieved without the exemption
because (1) based on the technical information available, there is no
indication that the video event recorders obstruct drivers' views of
the roadway, highway signs and surrounding traffic; (2) trucks and
buses generally have an elevated seating position which greatly
improves the forward visual field of the driver, and any impairment of
available sight lines is minimal; and (3) the location within the top
two inches of the area swept by the windshield wiper and out of the
driver's normal sightline is reasonable and enforceable at roadside. In
addition, the Agency believes that the use of video event recorders by
fleets to deter unsafe driving behavior is likely to improve the
overall level of safety to the motoring public. Without the exemption,
FMCSA would be unable to continue to test this innovative safety
management control system.

Request for Comments

    FMCSA requests comments from parties with data concerning the
safety record of CMVs equipped with video event recorders by May 18,
2011. The Agency will evaluate any data submitted and, if adverse
evidence suggests that safety is being compromised or if continuation
of the exemption would not be consistent with the goals and objectives
of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to
revoke the DriveCam exemption.

    Issued on: April 13, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-9319 Filed 4-15-11; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: August 19, 2008 (Volume 73, Number 161)]
[Notices]
[Page 48414-48416]
[DOCID:fr19au08-77]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58342; File No. SR-NSX-2008-14]

Self-Regulatory Organizations; National Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend the NSX BLADESM Fee Schedule To Reduce Routing Fees

August 11, 2008.
    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 August 8, 2008, the National Stock Exchange, Inc. (the
``Exchange'' or the ``NSX'') 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 NSX filed the proposal pursuant to Section 19(b)(3)(A) of
the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders the
proposal effective upon filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).

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

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

    The Exchange is proposing to amend the NSX BLADESM Fee
and Rebate Schedule (the ``Fee Schedule'') issued pursuant to Exchange
Rule 16.1(c) in order to modify the fees associated with routing
transactions to away market centers.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nsx.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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    With this rule change, the Exchange is proposing to modify certain
fees with respect to outbound routing. Specifically, with respect to
securities traded at one dollar or more, the instant filing proposes
reducing the per share executed routing fee across all tapes from
$0.0040 to $0.0029. With respect to securities traded at less than one
dollar, the instant filing proposes reducing the per share executed
routing fee across all tapes from $0.0040 to 0.3 percent (0.3%) of the
trade value. As with the fees and rebates currently applicable to
trades of securities under one dollar, ``trade value'' means a dollar
amount equal to the price per share multiplied by the number of shares
executed.
    In addition, the Exchange is proposing in the instant rule filing
to eliminate the reference to the term ``NSX BLADESM'' in
the Fee Schedule.
Rationale
    The Exchange has determined that this change is necessary for
competitive reasons. Under the current Fee Schedule, the charge for
routed executions at the Exchange is $0.0040 per share, which is higher
than the routing fee currently charged by other exchanges and ECN
alternatives. Consequently, many ETP Holders do not send orders to the
Exchange that are ``routable'' in order to avoid the current NSX
routing charge. The instant proposal seeks to offer competitive routing
fees in order to attract more routable orders. The Exchange is able to
reduce this routing fee as a result of the activation of NSX
Securities, LLC as the Exchange's outbound router. In addition, the
proposed rule change is intended to increase the amount of order flow
on the Exchange, regardless of whether a given trade in fact executes
at an away exchange or other market center.
    NSX notes that it operates in a highly competitive market in which
market participants can readily direct order flow to competing venues
if they deem fee levels at a particular venue to be more attractive.
Accordingly, the proposed modification attempts to keep the fees
reflected in the Fee Schedule competitive with fees charged by other
venues and to continue to be reasonable and equitably allocated to
those ETP Holders that opt to route orders. Based upon the information
above, the Exchange believes that the proposed rule change is
consistent with the protection of investors and the public interest.
    In addition, the Exchange proposes to delete the term ``NSX
BLADESM'' in the Fee Schedule in order to eliminate
potential confusion. NSX currently has only one trading platform and
therefore does not need to distinguish between NSX BLADE and any other
platform. For purposes of clarity, the instant rule filing therefore
proposes to delete reference to ``NSX BLADESM'' and to
rename the fee schedule referenced in Rule 16.1(c) as simply the ``Fee
and Rebate Schedule.''
Operative Date and Notice
    The Exchange intends to make the proposed fee structure for routed
trades operative on August 8, 2008. Pursuant to Exchange Rule 16.1(c),
the Exchange will ``provide ETP Holders with notice of all relevant
dues, fees, assessments and charges of the Exchange'' through the
issuance of a Regulatory Circular of the changes to the Fee Schedule
and will provide a copy of the rule filing on the Exchange's Web site
(www.nsx.com).
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b) of the Act,\5\ in general, and
Section 6(b)(4) of the Act,\6\ in particular, in that it is designed to
provide for the equitable allocation of reasonable dues, fees and other
charges among its members and other persons using the facilities of the
Exchange. Moreover, the proposed routing fees are not discriminatory in
that all ETP Holders are eligible to submit (or not submit) trades for
routing and may do so at their discretion.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any inappropriate burden on competition.

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

    The proposed rule change has taken effect upon filing pursuant to
Section 19(b)(3)(A)(ii) of the Act \7\ and subparagraph (f)(2) of Rule
19b-4 thereunder,\8\ because, as provided in (f)(2), it ``changes a
due, fee or other charge imposed by the Exchange applicable only to a
member'' (known on the Exchange as an ETP Holder). At any time within
sixty (60) days of the filing of such proposed rule change, the
Commission may summarily abrogate such rule change if it appears to the
Commission that such action is necessary or appropriate in the public
interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \8\ 17 CFR 19b-4(f)(2).
---------------------------------------------------------------------------

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NSX-2008-14 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NSX-2008-14. This file
number should be included on the subject line if e-mail 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 inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such 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 publicly available. All
submissions should refer to File Number SR-NSX-2008-14 and should be
submitted on or before September 9, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-19114 Filed 8-18-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 84, Number 244 (Thursday, December 19, 2019)]
[Notices]
[Pages 69738-69739]
[FR Doc No: 2019-27417]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3251-010]

Cornell University; Notice Soliciting Scoping Comments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 3251-010.
    c. Date Filed: June 28, 2019.
    d. Applicant: Cornell University.
    e. Name of Project: Cornell University Hydroelectric Project
(Cornell Project).
    f. Location: On Fall Creek within the Cornell University campus in
the City of Ithaca, Tompkins County, New York. The project does not
occupy federal land.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Frank Perry, Manager of Projects, Energy
and Sustainability, Humphreys Service Building, Room 131, Cornell
University, Ithaca, NY 14853-3701;<PHONE_NUMBER>; email_
[email protected]
    i. FERC Contact: Christopher Millard at<PHONE_NUMBER>; or email at
<EMAIL_ADDRESS>    j. Deadline for filing scoping comments: 30 days from the issuance
date of this notice.
    The Commission strongly encourages electronic filing. Please file
scoping comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-3251-010.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a

particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application is not ready for environmental analysis at this
time.
    l. The Cornell Project consists of: (1) An existing 28-foot-high,
260-foot-long reinforced-concrete gravity overflow-type dam, known as
Beebe Lake Dam, with a crest elevation of 780.7 feet mean sea level
(msl); (2) an impoundment (Beebe Lake) with a surface area of 16 acres
and a storage capacity of 50 acre-feet at the normal pool elevation of
780.7 feet msl; (3) a concrete forebay wall and reinforced-concrete
intake with a 6-foot-high, 6-foot-wide steel vertical-slide gate along
the right (north) bank; (4) a 5-foot-diameter, 1,507-foot-long
reinforced-concrete underground pipeline and a 5-foot-diameter, 200-
foot-long riveted-steel underground penstock; (5) a 79-foot-long, 29-
foot-wide, 24-foot-high powerhouse containing two Ossberger turbines
and induction generators with a combined authorized capacity of 1,718
kilowatts; (6) a tailrace located on the river right-side of Fall Creek
directly below the powerhouse; (7) a 385-foot-long, 2.4-kilovolt
transmission line connecting to Cornell's distribution system; and (8)
appurtenant facilities.
    The Cornell Project is operated in a run-of-river mode and bypasses
an 1,800-foot-long reach of Fall Creek that extends from the toe of the
dam to the powerhouse tailrace. From 2013 through 2018, the average
annual generation was 4,599 megawatt-hours.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's website 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, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    n. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. Scoping Process: The Commission intends to prepare an
environmental assessment (EA) for the Cornell Project in accordance
with the National Environmental Policy Act. The EA will consider both
site-specific and cumulative environmental impacts and reasonable
alternatives to the proposed action.
    Commission staff does not propose to conduct any on-site scoping
meetings at this time. Instead, we are soliciting comments,
recommendations, and information, on the Scoping Document 1 (SD1)
issued December 13, 2019.
    Copies of SD1 outlining the subject areas to be addressed in the EA
were distributed to the parties on the Commission's mailing list.
Copies of SD1 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. For
assistance, call 1-866-208-3676 or for TTY,<PHONE_NUMBER>.

    Dated: December 13, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-27417 Filed 12-18-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Notices]
[Pages 64471-64473]
[FR Doc No: 2022-23175]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following Complaints
and Compliance filings in EL Dockets:

    Docket Numbers: EL21-83-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance filing: Supplement to Regulation Market
Performance-Clearing Price Credit in EL21-83 to be effective 12/31/
9998.
    Filed Date: 10/19/22.
    Accession Number: 20221019-5046.
    Comment Date: 5 p.m. ET 11/8/22.

    Docket Numbers: EL23-5-000; QF21-77-001; QF20-300-001; QF22-1085-
001; QF22-846-001; QF20-151-001; QF20-152-001; QF22-213-001; QF22-1086-
001; QF21-1275-001; QF21-1276-001; QF21-1277-001; QF21-1273-001; QF21-
451-001; QF20-546-

001; QF22-918-001; QF22-917-001; QF22-1098-001; QF22-1101-001; QF22-
1102-001; QF22-1103-001; QF22-1116-001; QF22-1115-001; QF22-1109-001;
QF22-1114-001; QF22-1104-001; QF22-1113-001; QF22-1112-001; QF22-1111-
001; QF22-1119-001; QF22-1118-001; QF22-1110-001; QF22-1117-001.
    Applicants: CSU 2020 Renewable Energy, LLC, PPS School Solar, LLC,
Waters Rd S, LLC, Waters Rd N, LLC, Wakefield Solar Fund, LLC, USS New
Scotland 1 LLC, Turin Solar Fund, LLC, Tri-County Solar Fund 1, LLC,
Mtn Solar 5 LLC, Mtn Solar 4 LLC, Mtn Solar 2 LLC, Mtn Solar 1 LLC, ECA
Maine BET, LLC, CO LI CSG 3 LLC, CO LI CSG 1 LLC, Burrillville Solar,
LLC, Standard Solar, Inc.
    Description: Petition for Declaratory Order of Standard Solar,
Inc., et al.
    Filed Date: 10/18/22.
    Accession Number: 20221018-5161.
    Comment Date: 5 p.m. ET 11/17/22.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER18-1639-000.
    Applicants: Constellation Mystic Power, LLC.
    Description: Out-Of-Time, Formal Challenges of The Eastern New
England Consumer-Owned Systems to Constellation Mystic Power, LLC's,
September 2022 Informational Filing.
    Filed Date: 10/18/22.
    Accession Number: 20221018-5158.
    Comment Date: 5 p.m. ET 11/8/22.

    Docket Numbers: ER18-1639-000.
    Applicants: Constellation Mystic Power, LLC.
    Description: The Eastern New England Consumer-Owned Systems submits
Formal Challenges of Constellation Mystic Power, LLC's, September 15,
2022, Informational Filing.
    Filed Date: 10/18/22.
    Accession Number: 20221018-5167.
    Comment Date: 5 p.m. ET 11/8/22.

    Docket Numbers: ER20-1435-001.
    Applicants: Energy Harbor LLC.
    Description: Compliance filing: Informational Filing Regarding
Planned Transfer to be effective N/A.
    Filed Date: 10/19/22.
    Accession Number: 20221019-5071.
    Comment Date: 5 p.m. ET 11/9/22.

    Docket Numbers: ER23-125-000.
    Applicants: Arizona Public Service Company.
    Description: Sec.  205(d) Rate Filing: Rate Schedule No. 217,
Exhibit B.GLA-GLV to be effective 12/18/2022.
    Filed Date: 10/18/22.
    Accession Number: 20221018-5139.
    Comment Date: 5 p.m. ET 11/8/22.

    Docket Numbers: ER23-126-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Notice of Cancellation of WMPA, SA
No. 5554; Queue No. AE1-015 to be effective 10/6/2022.
    Filed Date: 10/18/22.
    Accession Number: 20221018-5141.
    Comment Date: 5 p.m. ET 11/8/22.

    Docket Numbers: ER23-127-000.
    Applicants: Arizona Public Service Company.
    Description: Sec.  205(d) Rate Filing: Rate Schedule No. 33, WAPA
Triangle Agreement to be effective 12/31/2022.
    Filed Date: 10/18/22.
    Accession Number: 20221018-5144.
    Comment Date: 5 p.m. ET 11/8/22.

    Docket Numbers: ER23-128-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Notice of Cancellation of WMPA, SA
No. 5857; Queue No. AB2-180 to be effective 10/6/2022.
    Filed Date: 10/18/22.
    Accession Number: 20221018-5145.
    Comment Date: 5 p.m. ET 11/8/22.

    Docket Numbers: ER23-129-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Notice of Cancellation of WMPA, SA
No. 5553; Queue No. AE1-012 to be effective 10/6/2022.
    Filed Date: 10/18/22.
    Accession Number: 20221018-5146.
    Comment Date: 5 p.m. ET 11/8/22.

    Docket Numbers: ER23-130-000.
    Applicants: New York State Electric & Gas Corporation.
    Description: Sec.  205(d) Rate Filing: NYSEG-DCEC Attachment C
Annual Update to be effective 1/1/2023.
    Filed Date: 10/19/22.
    Accession Number: 20221019-5026.
    Comment Date: 5 p.m. ET 11/9/22.

    Docket Numbers: ER23-131-000.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Illinois Company.
    Description: Sec.  205(d) Rate Filing: Midcontinent Independent
System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii: 2022-
10-19_SA 3916 Ameren-Lotus Wind E&P (J1289) to be effective 11/1/2022.
    Filed Date: 10/19/22.
    Accession Number: 20221019-5063.
    Comment Date: 5 p.m. ET 11/9/22.

    Docket Numbers: ER23-132-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Amendment to FERC Rate
Schedule No. 61 to be effective 12/19/2022.
    Filed Date: 10/19/22.
    Accession Number: 20221019-5067.
    Comment Date: 5 p.m. ET 11/9/22.

    Docket Numbers: ER23-133-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Initial Filing of Service
Agreement No. 908 to be effective 10/6/2022.
    Filed Date: 10/19/22.
    Accession Number: 20221019-5069.
    Comment Date: 5 p.m. ET 11/9/22.

    Docket Numbers: ER23-134-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Initial Filing of Rate
Schedule FERC No. 348 to be effective 9/27/2022.
    Filed Date: 10/19/22.
    Accession Number: 20221019-5070.
    Comment Date: 5 p.m. ET 11/9/22.

    Docket Numbers: ER23-135-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Amendment to Rate Schedule
FERC No. 38 to be effective 12/19/2022.
    Filed Date: 10/19/22.
    Accession Number: 20221019-5075.
    Comment Date: 5 p.m. ET 11/9/22.

    Docket Numbers: ER23-136-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA No. 5071;
Queue No. AB1-132 to be effective 4/16/2018.
    Filed Date: 10/19/22.
    Accession Number: 20221019-5084.
    Comment Date: 5 p.m. ET 11/9/22.

    Docket Numbers: ER23-138-000.
    Applicants: Watlington Solar, LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authorization and Request for Waivers to be effective 12/19/2022.
    Filed Date: 10/19/22.
    Accession Number: 20221019-5104.
    Comment Date: 5 p.m. ET 11/9/22.

    Docket Numbers: ER23-139-000.
    Applicants: Pleasant Hill Solar, LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authorization and Request for Waivers to be effective 12/19/2022.
    Filed Date: 10/19/22.
    Accession Number: 20221019-5110.
    Comment Date: 5 p.m. ET 11/9/22.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF21-77-000; QF20-300-000; QF22-1085-000; QF22-846-
000; QF20-151-000; QF20-152-000; QF22-213-000; QF22-1086-000; QF21-
1275-000; QF21-1276-000; QF21-1277-000; QF21-1273-000; QF21-451-000;
QF20-546-000; QF22-918-000; QF22-917-000.

    Applicants: Waters Rd S, LLC, Waters Rd N, LLC, Wakefield Solar
Fund, LLC, USS New Scotland 1 LLC, Turin Solar Fund, LLC, Tri-County
Solar Fund 1, LLC, Tri-County Solar Fund 1, LLC, Tri-County Solar Fund
1, LLC, Mtn Solar 5 LLC, Mtn Solar 4 LLC, Mtn Solar 2 LLC, Mtn Solar 1
LLC,ECA Maine BET, LLC,CO LI CSG 3 LLC,CO LI CSG 1 LLC, Burrillville
Solar, LLC.
    Description: Refund Reports of Burrillville Solar, LLC, et al.
    Filed Date: 10/18/22.
    Accession Number: 20221018-5159.
    Comment Date: 5 p.m. ET 11/8/22.

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

    Dated: October 19, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-23175 Filed 10-24-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: February 26, 2009 (Volume 74, Number 37)]
[Notices]
[Page 8786-8787]
[DOCID:fr26fe09-47]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No 12613-001]

Tygart, LLC.; Notice of Intent To File License Application,
Filing of Pre-Application Document, Commencement of Licensing
Proceeding, Scoping Meetings, Solicitation of Comments on the Pad and
Scoping Document, and Identification of Issues and Associated Study
Requests

February 19, 2009.
    a. Type of Filing: Notice of Intent to File License Application and
Commencing Licensing Proceeding.
    b. Project No.: 12613-001.
    c. Dated Filed: December 23, 2008.
    d. Submitted By: Tygart, LLC.
    e. Name of Project: Tygart Hydroelectric Project.
    f. Location: At the Corps of Engineers' Tygart dam on the Tygart
River in Barbour and Taylor Counties, West Virginia.
    g. Filed Pursuant to: 18 CFR Part 5 of the Commission's
Regulations.
    h. Potential Applicant Contact: Clifford Phillips, Tygart, LLC, 150
North Miller Road, Suite 450 C, Fairlawn, Ohio 44333,<PHONE_NUMBER>.
    i. FERC Contact: Michael Spencer<EMAIL_ADDRESS>(202)
502-6093.
    j. We are asking Federal, State, local, and tribal agencies with
jurisdiction and/or special expertise with respect to environmental
issues to cooperate with us in the preparation of the environmental
document. Agencies who would like to request cooperating status should
follow the instructions for filing comments described in paragraph o
below. Cooperating agencies should note the Commission's policy that
agencies that cooperate in the preparation of the environmental
document cannot also intervene. See, 94 FERC ] 61,076 (2001).
    k. With this notice, we are initiating informal consultation with:
(a) The U.S. Fish and Wildlife Service and/or NOAA Fisheries under
section 7 of the Endangered Species Act and the joint agency
regulations thereunder at 50 CFR Part 402; and (b) the State Historic
Preservation Officer, as required by section 106, National Historical
Preservation Act, and the implementing regulations of the Advisory
Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Tygart, LLC as the
Commission's non-Federal representative for carrying out informal
consultation, pursuant to Section 7 of the Endangered Species Act, and
Section 106 of the National Historic Preservation Act.
    m. Tygart, LLC filed a Pre-Application Document (PAD, including a
proposed process plan and schedule) with the Commission pursuant to 18
CFR 5.6 of the Commission's regulations. The Commission will issue the
Scoping Document for the proposed Tygart Project on or about February
20, 2009.
    n. A copy of the PAD and the scoping document are available for
review at the Commission in the Public Reference Room or may be viewed
on the Commission's Web site (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, contact FERC Online Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in
paragraph h.
    Register online at http://ferc.gov/esubscribenow.htm to be notified
via e-mail of new filing and issuances related to this or other pending
projects. For assistance, contact FERC Online Support.
    o. The commencement date of this proceeding is February 21, 2009.
With this notice we are soliciting comments on the PAD and the scoping
document, as well as study requests. All comments on the PAD and the
scoping document, and study requests should be sent to the address
above in paragraph h. In addition, all comments on the PAD and the
scoping document, study requests, requests for cooperating agency
status, and all communications to and from Commission staff related to
the merits of the potential application (original and eight copies)
must be filed with the Commission at the following address: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426. All filings with the Commission must
include on the first page, the project name (Tygart Project) and number
(P-12613-001), and bear the heading ``Comments on Pre-Application
Document,'' ``Study Requests,'' ``Comments on Scoping Document 1,''
``Request for Cooperating Agency Status,'' or ``Communications to and
from Commission Staff.'' Any individual or entity interested in
submitting study requests, commenting on the PAD or the scoping
document, and any agency requesting cooperating status must do so by
April 22, 2009.
    1. Comments on the PAD and the scoping document, study requests,
requests for cooperating agency status, and other permissible forms of
communications with the Commission may be filed electronically via the
Internet in lieu of paper. The Commission strongly encourages
electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions
on the Commission's Web site (http://www.ferc.gov/docs-filing/
ferconline.asp) under the ``e-filing'' link. For a simpler method of
submitting text-only comments, click on ``Quick Comment.''
    p. Although our current intent is to prepare an environmental
assessment (EA), there is the possibility that an Environmental Impact
Statement (EIS) will be required. Nevertheless, this meeting will
satisfy the NEPA scoping requirements, irrespective of whether an EA or
EIS is issued by the Commission.

Scoping Meetings

    Commission staff will hold two scoping meetings in the vicinity of
the project at the time and place noted below. The daytime meeting will
focus on resource agency, Indian tribes, and non-governmental
organization concerns, while the evening meeting is primarily for
receiving input from the public. We invite all interested individuals,
organizations, and agencies to attend one or both of the meetings, and
to assist staff in identifying particular study needs, as well as the
scope of environmental issues to be addressed in the environmental
document. The times and locations of these meetings are as follows:

Evening Scoping Meeting

    Date: Monday, March 23, 2009.
    Time: 6 p.m. (EST).
    Location: Wingate Hotel, 350 Conference Center Way, Bridgeport, WV
26330.
    Phone:<PHONE_NUMBER>.

Daytime Scoping Meeting

    Date: Tuesday, March 24, 2009.
    Time: 10 a.m. (EST).
    Location: Same location.

    The scoping document, which outlines the issues to be addressed in
the environmental document, will be mailed to the individuals and
entities on the Commission's mailing list. Copies of the scoping
document will be available at the scoping meetings, and may be viewed
on the Web at http://www.ferc.gov, using the ``eLibrary'' link. Follow
the directions for accessing information in paragraph n. Depending on
the extent of comments received, a revised Scoping Document may or may
not be issued.

Site Visit

    Tygart, LLC will conduct a tour of the proposed project site at 2
p.m. on Monday, March 23, 2009. All participants should meet in the
parking lot in front of the Army Corps of Engineers' office at Tygart
dam. All participants are responsible for providing photo
identification to enter this Corps of Engineers' facility. Photography
will be prohibited. Anyone with questions about the site visit should
contact Mr. Clifford Phillips of Tygart, LLC at<PHONE_NUMBER> on or
before March 20, 2009.

Scoping Meeting Objectives

    At the scoping meetings, staff will: (1) Present a proposed list of
issues to be addressed in the EA; (2) review and discuss existing
conditions and resource agency management objectives; (3) review and
discuss existing information and identify preliminary information and
study needs; (4) review and discuss the process plan and schedule for
pre-filing activity that incorporates the time frames provided for in
Part 5 of the Commission's regulations and, to the extent possible,
maximizes coordination of Federal, State, and Tribal permitting and
certification processes; and (5) discuss requests by any Federal or
State agency or Indian tribe acting as a cooperating agency for
development of an environmental document.
    Meeting participants should come prepared to discuss their issues
and/or concerns. Please review the PAD in preparation for the scoping
meetings. Directions on how to obtain a copy of the PAD and the scoping
document are included in item n of this document.

Meeting Procedures

    The meetings will be recorded by a stenographer and will become
part of the formal record of the Commission proceeding on the project.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-4086 Filed 2-25-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 207 (Monday, October 27, 2014)]
[Rules and Regulations]
[Pages 63818-63819]
[FR Doc No: 2014-25501]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0929]
RIN 1625-AA00

Safety Zone, Brandon Road Lock and Dam to Lake Michigan Including
Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and
Calumet-Saganashkee Channel, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a segment of the Safety Zone;
Brandon Road Lock and Dam to Lake Michigan including Des Plaines River,
Chicago Sanitary and Ship Canal, Chicago River, Calumet-Saganashkee
Channel on all waters of the Chicago Sanitary and Ship Canal from Mile
Marker 296.1 to Mile Marker 296.7 at specified times from October 8,
2014 to November 26, 2014. This action is necessary to protect the
waterway, waterway users, and vessels from the hazards associated with
the U.S. Army Corps of Engineers' installation of a new permanent fish
barrier.
    During the enforcement periods listed below, entry into,
transiting, mooring, laying-up or anchoring within the enforced area of
this safety zone by any person or vessel is prohibited unless
authorized by the Captain of the Port Lake Michigan, or his or her
designated representative.

DATES: The regulations in 33 CFR 165.930 will be enforced
intermittently from 7 a.m. until 4 p.m. on Monday through Friday, from
October 8, 2014 through November 26, 2014.

    This schedule supersedes the previously published schedule for
enforcement of 33 CFR 165.930 due to the installation of a new
permanent fish barrier (USCG 2011-0228, published in the Federal
Register June 16, 2014 at 79 FR 34231). The Captain of the Port
suspends this previously issued schedule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email MST1 John Ng, Waterways Department, Coast Guard
Marine Safety Unit Chicago, telephone<PHONE_NUMBER>, email address
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a segment of
the Safety Zone; Brandon Road Lock and Dam to Lake Michigan including
Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River,
Calumet-Saganashkee Channel, Chicago, IL, listed in 33 CFR 165.930.
Specifically, the Coast Guard will enforce this safety zone on all
waters of the Chicago Sanitary and Ship Canal between Mile Marker 296.1
to Mile Marker 296.7. Enforcement will occur intermittently from 7 a.m.
to 4 p.m. on Monday through Friday, from October 8, 2014 through
November 26, 2014.
    This enforcement action is necessary because the Captain of the
Port Lake Michigan, has determined that the U.S. Army Corps of
Engineers' installation of a new permanent fish barrier poses risks to
life and property. Because of these risks, it is necessary to control
vessel movement during the operations to prevent injury and property
loss.
    In accordance with the general regulations in Sec.  165.23 of this
part, entry into, transiting, mooring, laying up, or anchoring within
the enforced area of this safety zone by any person or vessel is
prohibited unless authorized by the Captain of the Port Lake Michigan
or his or her designated representative.
    Vessels that wish to transit through the safety zone may request
permission from the Captain of the Port Lake Michigan or a designated
on scene representative. Requests must be made in advance and approved
by the Captain of the Port before transits will be authorized.
Approvals will be granted on a case by case basis. The Captain of the
Port representative may be contacted via U.S. Coast Guard Sector Lake
Michigan on VHF channel 16.
    This document is issued under authority of 33 CFR 165.930 and 5
U.S.C. 552(a). In addition to this publication in the Federal Register,
the Captain of the Port Lake Michigan, will also provide notice through
other means, which may include Broadcast Notice to Mariners, Local
Notice to Mariners, local news media, distribution in leaflet form, and
on-scene oral notice. Additionally, the Captain of the Port Lake
Michigan, may notify representatives from the maritime industry through
telephonic and email notifications.

    Dated: October 8, 2014.
K.M. Moser,
Commander, U.S. Coast Guard, Acting Captain of the Port, Lake Michigan.
[FR Doc. 2014-25501 Filed 10-24-14; 8:45 am]
BILLING CODE 9110-04-P