[Federal Register Volume 78, Number 136 (Tuesday, July 16, 2013)]
[Rules and Regulations]
[Pages 42411-42415]
[FR Doc No: 2013-15526]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0864; Directorate Identifier 2011-NM-023-AD;
Amendment 39-17496; AD 2013-13-08]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD)
for certain The Boeing Company Model 767 airplanes. That AD currently
requires sealing certain fasteners and stiffeners in the fuel tank,
changing certain wire bundle clamp configurations on the fuel tank
walls, inspecting certain fasteners in the fuel tanks and determining
the method of attachment of the vortex generators; and performing
corrective actions if necessary. This new AD adds a general visual
inspection for the presence of a polytetrafluoroethylene

(TFE) sleeve at the clamp location on the rear spar, and installation
of a TFE sleeve if necessary. This new AD also adds airplanes to the
applicability. This AD was prompted by fuel system reviews conducted by
the manufacturer, and the identification of another possible ignition
source location. We are issuing this AD to prevent possible ignition
sources in the auxiliary (center) fuel tank, main fuel tanks, and surge
tanks caused by a wiring short or lightning strike, which could result
in fuel tank explosions and consequent loss of the airplane.

DATES: This AD is effective August 20, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of August 20,
2013.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of October
1, 2009 (76 FR 43621, August 27, 2009).

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management, P.
O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone<PHONE_NUMBER>,
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, WA. For
information on the availability of this material at the FAA, call 425-
227-1221.

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: Rebel Nichols, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6509; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2009-18-02, Amendment 39-15998 (74 FR 43621,
August 27, 2009). AD 2009-18-02 applied to the specified products. The
NPRM published in the Federal Register on September 6, 2012 (77 FR
54850). The NPRM proposed to continue to require sealing certain
fasteners and stiffeners in the fuel tank, changing certain wire bundle
clamp configurations on the fuel tank walls, inspecting certain
fasteners in the fuel tanks and determining the method of attachment of
the vortex generators; and performing corrective action if necessary.
The NPRM also proposed to require a general visual inspection for the
presence of a polytetrafluoroethylene (TFE) sleeve at the clamp
location on the rear spar, and installation of a TFE sleeve if
necessary. The NPRM also proposed to add airplanes to the
applicability.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(77 FR 54850, September 6, 2012) and the FAA's response to each
comment.
    United Airlines stated that it has no comment for the NPRM (77 FR
54850, September 6, 2012).

Request to Change Acronym

    Boeing requested that we change the NPRM (77 FR 54850, September 6,
2012) to correct an acronym from ``TFE'' to ``PTFE.'' Boeing stated
that the proper acronym for polytetrafluoroethylene is ``PTFE.''
    We disagree with changing the acronym in this AD. The service
information required by this AD refers to polytetrafluoroethylene as
``TFE'' throughout; therefore, to reduce the potential for confusion,
we have not changed the acronym ``TFE'' in this AD.

Request for Credit

    Air New Zealand requested that we allow credit for prior
incorporation of Boeing Service Bulletin 767-57A0102, Revision 3, dated
December 2, 2010, for the requirements of paragraph (j) of the NPRM (77
FR 54850, September 6, 2012).
    We agree with the request, but provide the following clarification.
Paragraph (j) of this AD specifies the compliance time for certain
airplanes to accomplish the actions of paragraph (h) of this AD. We
have changed the heading for paragraph (j) of this AD to focus on the
compliance time. Paragraph (h) of this AD specifies to do the actions
in accordance with Boeing Service Bulletins 767-57A0102, Revision 01,
dated November 27, 2007; or Revision 4, dated September 20, 2011. Since
paragraph (l)(2) of this AD gives credit for Boeing Service Bulletin
767-57A0102, Revision 3, dated December 2, 2010, for accomplishing the
actions in paragraph (h) of this AD, we have not changed the AD in this
regard.

STC Winglet Comment

    Aviation Partners Boeing and Air New Zealand stated that the
installation of winglets per STC ST01920SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/59027F43B9A7486E86257B1D006591EE?OpenDocument&Highlight=st01920se) does
not affect the accomplishment of the manufacturer's service
instructions.
    We have added paragraph (c)(2) to this AD to state that
installation of STC ST01920SE does not affect the ability to accomplish
the actions required by this AD. Therefore, for airplanes on which STC
ST01920SE is installed, a ``change in product'' alternative method of
compliance (AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17. For all other AMOC requests, the operator
must request approval for an AMOC in accordance with the procedures
specified in paragraph (m) of this AD.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the change described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (77 FR 54850, September 6, 2012) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 54850, September 6, 2012).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 414 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
            Action                 Labor cost       Parts cost       Cost per       registered     Cost on U.S.
                                                                      product        airplanes       operators
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Group 1--Seal ends of           6 work-hours x                $0            $510             367        $187,170
 fasteners--Boeing Service       $85 per hour =
 Bulletin 767[dash]57A0100       $510.
 (retained actions from AD
 2009-18-02, Amendment 39-
 15998 (74 FR 43621, August
 27, 2009)).
Group 2--Seal ends of           114 work-hours x               0           9,690              37         358,530
 fasteners--Boeing Service       $85 per hour =
 Bulletin 767[dash]57A0100       $9,690.
 (retained actions from AD
 2009-18-02, Amendment 39-
 15998 (74 FR 43621, August
 27, 2009)).
Group 3--Inspection--Boeing     1 work-hour x                  0              85               9             765
 Service Bulletin 767-57A0100    $85 per hour =
 (retained actions from AD       $85.
 2009-18-02, Amendment 39-
 15998 (74 FR 43621, August
 27, 2009)).
Group 1--Change wire bundle     250 work-hours x           1,632          22,882             376       8,603,632
 clamp configurations, Boeing    $85 per hour =
 Service Bulletin                $21,250.
 767[dash]57A0102 (retained
 actions from AD 2009-18-02,
 Amendment 39-15998 (74 FR
 43621, August 27, 2009)).
Group 2--Change wire bundle     874 work-hours x           1,304          75,594              37       2,796,978
 clamp configurations, Boeing    $85 per hour =
 Service Bulletin                $74,290.
 767[dash]57A0102 (retained
 actions from AD 2009-18-02,
 Amendment 39-15998 (74 FR
 43621, August 27, 2009)).
Group 3--Change wire bundle     26 work-hours x              338           2,548               1           2,548
 clamp configuration and seal    $85 per hour =
 fasteners, Boeing Service       $2,210.
 Bulletin 767[dash]57A0102
 (retained actions from AD
 2009-18-02, Amendment 39-
 15998 (74 FR 43621, August
 27, 2009)).
All airplanes--Inspection (new  1 work-hour x                  0              85             414          35,190
 action).                        $85 per hour =
                                 $85.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                Action                         Labor cost           Parts cost           Cost per product
----------------------------------------------------------------------------------------------------------------
Seal ends of fasteners--Boeing Service  6 work-hours x $85 per                $0  Up to $510.
 Bulletin 767-57A0100 (retained          hour = $510.
 actions from AD 2009-18-02, Amendment
 39-15998 (74 FR 43621, August 27,
 2009)).
Installation of TFE sleeve--Boeing      1 work-hour x $85 per                 $0  $85.
 Service Bulletin 767[dash]57A0102.      hour = $85.
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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),
    (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 removing airworthiness directive (AD)
2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009), and
adding the following new AD:

2013-13-08 The Boeing Company: Amendment 39-17496; Docket No. FAA-
2012-0864; Directorate Identifier 2011-NM-023-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective August 20, 2013.

(b) Affected ADs

    This AD supersedes AD 2009-18-02, Amendment 39-15998 (74 FR
43621, August 27, 2009).

(c) Applicability

    (1) This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes; certificated in any category; as
identified in Boeing Service Bulletin 767-57A0100, Revision 3, dated
July 28, 2011; and Boeing Service Bulletin 767-57A0102, Revision 4,
dated September 20, 2011.
    (2) Installation of Supplemental Type Certificate (STC)
ST01920SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/59027F43B9A7486E86257B1D006591EE?OpenDocument&Highlight=st01920se)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST01920SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent possible ignition
sources in the auxiliary (center) fuel tank, main fuel tanks, and
surge tanks caused by a wiring short or lightning strike, which
could result in fuel tank explosions and consequent loss of the
airplane.

(f) Compliance

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

(g) Retained Fastener Sealant Application

    This paragraph restates the requirements of paragraph (f) of AD
2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009), with
revised service information. For airplanes identified in Boeing
Service Bulletin 767-57A0100, Revision 01, dated June 19, 2008:
Within 60 months after October 1, 2009 (the effective date of AD
2009-18-02), do the actions in paragraph (g)(1) or (g)(2) of this
AD, as applicable, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 767-57A0100, Revision 01,
dated June 19, 2008; or Boeing Service Bulletin 767-57A0100,
Revision 3, dated July 28, 2011. As of the effective date of this
AD, only Boeing Service Bulletin 767-57A0100, Revision 3, dated July
28, 2011, may be used to accomplish the requirements of this
paragraph.
    (1) For Groups 1 and 2 airplanes: Seal the ends of the fasteners
on the brackets that hold the vortex generators, and seal the ends
of the fasteners on certain stiffeners on the rear spar, as
applicable.
    (2) For Group 3 airplanes: Do a detailed inspection to determine
the method of attachment of the vortex generators and, before
further flight, do all applicable specified corrective actions.

(h) Retained Wire Bundle Sleeve and Clamp Installation and Fastener
Sealant Application

    This paragraph restates the requirements of paragraph (g) of AD
2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009), with
revised service information. For airplanes identified in Boeing
Service Bulletin 767-57A0102, Revision 01, dated November 27, 2007:
Within 60 months after October 1, 2009 (the effective date of AD
2009-18-02), do the actions specified in paragraphs (h)(1), (h)(2),
and (h)(3) of this AD, as applicable, in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 767-57A0102,
Revision 01, dated November 27, 2007; or Boeing Service Bulletin
767-57A0102, Revision 4, dated September 20, 2011. As of the
effective date of this AD, only Boeing Service Bulletin 767-57A0102,
Revision 4, dated September 20, 2011, may be used to accomplish the
actions required by this paragraph.
    (1) Change the wire bundle clamp configurations at specified
locations on the fuel tank walls.
    (2) Seal the fasteners and certain stiffeners at specified
locations in the fuel tank.
    (3) Do a detailed inspection of the sealant of the fasteners in
the auxiliary tank center bay and rib 28 of the left and right main
fuel tanks. Seal any unsealed fasteners before further flight.

(i) Definition

    This paragraph restates the information specified in Note 1 of
AD 2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009).
For the purposes of this AD, a detailed inspection is: An intensive
examination of a specific item, installation, or assembly to detect
damage, failure, or irregularity. Available lighting is normally
supplemented with a direct source of good lighting at an intensity
deemed appropriate. Inspection aids such as mirror, magnifying
lenses, etc., may be necessary. Surface cleaning and elaborate
procedures may be required.

(j) Compliance Time for New Wire Bundle Sleeve and Clamp Installation
and Fastener Sealant Application for Newly Added Airplanes

    For airplanes identified in Boeing Service Bulletin 767-57A0102,
Revision 4, dated September 20, 2011, but not identified in
paragraph (h) of this AD: Do the actions required by paragraph (h)
of this AD within 60 months after the effective date of this AD.

(k) New Inspection and Sleeve Installation

    For airplanes identified as Groups 1 and 2 in Boeing Service
Bulletin 767-57A0102, Revision 4, dated September 20, 2011: Within
60 months after the effective date of this AD, do a general visual
inspection of the clamp location on the rear spar to determine
whether a polytetrafluoroethylene (TFE) sleeve is installed between
the clamp and the plastic convoluted tube, in accordance with Work
Package 13 of the Accomplishment Instructions of Boeing Service
Bulletin 767-57A0102, Revision 4, dated September 20, 2011.
    (1) If a TFE sleeve is not installed between the clamp and the
plastic convoluted tubing, before further flight, install a TFE
sleeve, in accordance with the Accomplishment Instructions of Boeing
Service Bulletin 767-57A0102, Revision 4, dated September 20, 2011.
    (2) If a TFE sleeve is installed between the clamp and the
plastic convoluted tubing, no more work is required by this
paragraph.

(l) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Service Bulletin 767-57A0100,
dated August 21, 2006, which is not incorporated by reference in
this AD; Revision 1, dated June 19, 2008; or Revision 2, dated May
20, 2010, which is not incorporated by reference in this AD.
    (2) This paragraph provides credit for the actions required by
paragraph (h) of this AD, if those actions were performed before the
effective date of this AD using Boeing Service Bulletin 767-57A0102,
Revision 1, dated November 27, 2007; Revision 2, dated January 7,
2010, which is not incorporated by

reference in this AD; or Revision 3, dated December 2, 2010, which
is not incorporated by reference in this AD.

(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.
    (3) AMOCs approved previously in accordance with AD 2009-18-02,
Amendment 39-15998 (74 FR 43621, August 27, 2009), are approved as
AMOCs for the corresponding provisions of this AD.

(n) Related Information

    (1) For more information about this AD, contact Rebel Nichols,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Service information identified in this AD that is not
incorporated by reference may be obtained at the address specified
in paragraph (o)(5) of this AD. For service information identified
in this AD, contact Boeing Commercial Airplanes, Attention: Data &
Services Management, P. O. Box 3707, MC 2H-65, Seattle, WA 98124-
2207; telephone<PHONE_NUMBER>, 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, WA. 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.
    (3) The following service information was approved for IBR on
August 20, 2013.
    (i) Boeing Service Bulletin 767-57A0100, Revision 3, dated July
28, 2011.
    (ii) Boeing Service Bulletin 767-57A0102, Revision 4, dated
September 20, 2011.
    (4) The following service information was approved for IBR on
October 1, 2009, (74 FR 43621, August 27, 2009).
    (i) Boeing Service Bulletin 767-57A0100, Revision 01, dated June
19, 2008.
    (ii) Boeing Service Bulletin 767-57A0102, Revision 01, dated
November 27, 2007.
    (5) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (6) You may view this service information at FAA, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (7) You may view 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 June 13, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-15526 Filed 7-15-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 99 (Thursday, May 22, 2014)]
[Notices]
[Page 29456]
[FR Doc No: 2014-11837]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0027]

Addendum to the Memorandum of Understanding With the Department
of Energy (August 28, 1992); Oak Ridge, Tennessee Properties

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: This is a notice of an addendum to the interagency Memorandum
of Understanding (MOU) between the U.S. Department of Labor and the
U.S. Department of Energy (DOE). The MOU establishes specific
interagency procedures for the transfer of occupational safety and
health coverage for privatized facilities, properties, and operations
from DOE to OSHA and state agencies acting under state plans approved
by OSHA.

DATES: Effective Date: The effective date of the Addendum to the
Memorandum of Understanding is May 22, 2014.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. David W. Johnson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, U.S.
Department of Labor, Occupational Safety and Health Administration,
Room N-3655, 200 Constitution Avenue NW., Washington, DC 20210; phone:
(202) 693-2110; email<EMAIL_ADDRESS>    Copies of this Federal Register notice. Electronic copies of this
Federal Register notice are available at http://www.regulations.gov.
This Federal Register notice, as well as news releases and other
relevant information, also are available at OSHA's Web page at http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    DOE and OSHA of the U.S. Department of Labor entered into a MOU on
August 10, 1992, delineating regulatory authority over the occupational
safety and health of contractor employees at DOE government-owned or
leased, contractor-operated (GOCO) facilities. In general, the MOU
recognizes that DOE exercises statutory authority under section 161(f)
of the Atomic Energy Act of 1954, as amended, (42 U.S.C. 2201(f)),
relating to the occupational safety and health of private-sector
employees at these facilities.
    Section 4(b)(1) of the OSH Act of 1970, 29 U.S.C. 653(b)(1),
exempts from OSHA authority working conditions with respect to which
other federal agencies have exercised statutory authority to prescribe
or enforce standards or regulations affecting occupational safety or
health. The 1992 MOU acknowledges DOE's extensive program for the
regulation of contractor health and safety, which requires contractor
compliance with all OSHA standards as well as additional requirements
prescribed by DOE, and concludes with an agreement by the agencies that
the provisions of the OSH Act will not apply to GOCO sites for which
DOE has exercised its authority to regulate occupational safety and
health under the Atomic Energy Act.
    In light of DOE's policy emphasis on privatization activities, OSHA
and DOE entered into a second MOU on July 25, 2000, that establishes
interagency procedures to address regulatory authority for occupational
safety and health at specified privatized facilities and operations on
sites formerly controlled by DOE. The 2000 MOU covers facilities and
operations on lands no longer controlled by DOE, which are not
conducting activities for or on behalf of DOE and where there is no
likelihood that any employee exposure to radiation from DOE sources
would be 25 millirems per year (mrem/yr) or more.

II. Notice of Transfer

    In a letter dated October 18, 2013, DOE requested that OSHA or, as
appropriate, the Tennessee Occupational Safety and Health
Administration (TOSHA) accept occupational safety and health regulatory
authority over employees at the East Tennessee Technology Park in Oak
Ridge, Tennessee at two parcels of land pursuant to the MOU on Safety
and Health Enforcement at Privatized Facilities and Operations dated
July 25, 2000. Other facilities and properties at the East Tennessee
Technology Park were transferred to TOSHA jurisdiction under this MOU
by Federal Register notices (74 FR 120 (January 2, 2009), 74 FR 39977
(August 10, 2009), and 76 FR 80408 (December 23, 2011)).
    The parcels of land located at the East Tennessee Technology Park
within the city of Oak Ridge, Tennessee transferred to the Community
Reuse Organization of East Tennessee (CROET) are described as follows:
     Land Parcel ED-9 (approximately 13 acres) consisting of
two tracts of land, ED-9A (7.06 acres) and ED-9B (5.02 acres),
separated by a roadway, and a third tract, ED-9C (0.98 acre),
consisting of approximately 900 linear feet of paved road and adjacent
right of way; and
     Land Parcel ED-10 (also approximately 13 acres) consists
of grassy fields and infrastructure. No buildings are included in this
transfer.
    OSHA's Regional Office in Atlanta, Georgia, working with the OSHA
Nashville Area Office and TOSHA, determined that TOSHA is willing to
accept authority over the occupational safety and health of public-
sector and private-sector employees at the two parcels of land at the
East Tennessee Technology Park in Oak Ridge, Tennessee that were
transferred by deed to CROET. In a letter from OSHA to DOE dated March
24, 2014, OSHA stated that TOSHA is satisfied with DOE assurances that
(1) there is no likelihood that any employee at facilities in the
vicinity of these land parcels will be exposed to radiation levels that
will be 25 millirems per year (mrem/yr) or more, and; (2) transfer of
authority to TOSHA is free from regulatory gaps and does not diminish
the safety and health protection of the employees.
    Accordingly, TOSHA accepts and maintains health and safety
regulatory authority over employees in the vicinity of Land Parcels ED-
9 and ED-10.

III. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, authorized the preparation of this notice. This
Federal Register notice provides public notice and serves as an
addendum to the 1992 OSHA/DOE MOU. Accordingly, the Agency is issuing
this notice pursuant to Section 8(g)(2) of the Occupational Health and
Safety Act of 1970 (29 U.S.C. 657(g)(2)), Secretary of Labor's Order
No. 1-2012 (77 FR 3912, Jan. 25, 2012).

    Signed at Washington, DC, on May 16, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-11837 FILED 5-21-14; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Notices]
[Pages 61588-61590]
[FR Doc No: 2023-19302]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG23-271-000.
    Applicants: Arche Energy Project, LLC.
    Description: Arche Energy Project, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 8/31/23.
    Accession Number: 20230831-5040.
    Comment Date: 5 p.m. ET 9/21/23.

    Docket Numbers: EG23-272-000.
    Applicants: El Sol Energy Storage LLC.
    Description: El Sol Energy Storage LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 8/31/23.

    Accession Number: 20230831-5177.
    Comment Date: 5 p.m. ET 9/21/23.

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

    Docket Numbers: ER23-1361-002.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance filing: Compliance Filing in Response to
August 3 Order in ER23-1361 to be effective 5/15/2023.
    Filed Date: 8/31/23.
    Accession Number: 20230831-5157.
    Comment Date: 5 p.m. ET 9/21/23.

    Docket Numbers: ER23-2252-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Tariff Amendment: 1266R14 Kansas Municipal Energy
Agency NITSA and NOA to be effective 9/1/2023.
    Filed Date: 8/31/23.
    Accession Number: 20230831-5084.
    Comment Date: 5 p.m. ET 9/21/23.

    Docket Numbers: ER23-2280-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Tariff Amendment: 1875R6 Kansas Electric Power
Cooperative, Inc. NITSA and NOA to be effective 9/1/2023.
    Filed Date: 8/31/23.
    Accession Number: 20230831-5093.
    Comment Date: 5 p.m. ET 9/21/23.

    Docket Numbers: ER23-2734-000.
    Applicants: Puget Sound Energy, Inc.
    Description: Sec.  205(d) Rate Filing: Engineering and Construction
Agreement between BP Products and PSE to be effective 6/1/2022.
    Filed Date: 8/30/23.
    Accession Number: 20230830-5146.
    Comment Date: 5 p.m. ET 9/20/23.

    Docket Numbers: ER23-2735-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 4115 Steeple Wind Energy GIA
to be effective 8/1/2023.
    Filed Date: 8/31/23.
    Accession Number: 20230831-5001.
    Comment Date: 5 p.m. ET 9/21/23.

    Docket Numbers: ER23-2736-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 4116 Big Blue Nebraska Wind
GIA to be effective 8/1/2023.
    Filed Date: 8/31/23.
    Accession Number: 20230831-5002.
    Comment Date: 5 p.m. ET 9/21/23.

    Docket Numbers: ER23-2737-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 4117 Blue Prairie Wind GIA
to be effective 8/1/2023.
    Filed Date: 8/31/23.
    Accession Number: 20230831-5003.
    Comment Date: 5 p.m. ET 9/21/23.

    Docket Numbers: ER23-2738-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 4118 K Junction Solar GIA to
be effective 8/1/2023.
    Filed Date: 8/31/23.
    Accession Number: 20230831-5004.
    Comment Date: 5 p.m. ET 9/21/23.

    Docket Numbers: ER23-2739-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 4119 Greeley Wind Nebraska
GIA to be effective 8/1/2023.
    Filed Date: 8/31/23.
    Accession Number: 20230831-5005.
    Comment Date: 5 p.m. ET 9/21/23.

    Docket Numbers: ER23-2740-000.
    Applicants: Arche Energy Project, LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authorization to be effective 9/20/2023.
    Filed Date: 8/31/23.
    Accession Number: 20230831-5006.
    Comment Date: 5 p.m. ET 9/21/23.

    Docket Numbers: ER23-2741-000.
    Applicants: Clearwater Energy Resources LLC.
    Description: Sec.  205(d) Rate Filing: Transmission Services
Agreement with Clearwater East to be effective 9/1/2023.
    Filed Date: 8/31/23.
    Accession Number: 20230831-5022.
    Comment Date: 5 p.m. ET 9/21/23.

    Docket Numbers: ER23-2742-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2023-08-31_Attachment X IC
Deposits for D1 D2 to be effective 10/31/2023.
    Filed Date: 8/31/23.
    Accession Number: 20230831-5117.
    Comment Date: 5 p.m. ET 9/21/23.

    Docket Numbers: ER23-2743-000.
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company.
    Description: Tariff Amendment: Alabama Power Company submits tariff
filing per 35.15: Silver Arrow LGIA Termination Filing to be effective
8/31/2023.
    Filed Date: 8/31/23.
    Accession Number: 20230831-5120.
    Comment Date: 5 p.m. ET 9/21/23.

    Docket Numbers: ER23-2744-000.
    Applicants: The Potomac Edison Company, PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: The Potomac Edison Company
submits tariff filing per 35.13(a)(2)(iii: The Potomac Edison Co.'s
Request for Order Authorizing Abandoned Plant Incentive to be effective
10/31/2023.
    Filed Date: 8/31/23.
    Accession Number: 20230831-5122.
    Comment Date: 5 p.m. ET 9/21/23.

    Docket Numbers: ER23-2745-000.
    Applicants: Tucson Electric Power Company.
    Description: Sec.  205(d) Rate Filing: Depreciation Rate Update to
be effective 9/1/2023.
    Filed Date: 8/31/23.
    Accession Number: 20230831-5144.
    Comment Date: 5 p.m. ET 9/21/23.

    Docket Numbers: ER23-2746-000.
    Applicants: El Sol Storage LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authorization to be effective 10/31/2023.
    Filed Date: 8/31/23.
    Accession Number: 20230831-5154.
    Comment Date: 5 p.m. ET 9/21/23.

    Docket Numbers: ER23-2747-000.
    Applicants: SCEF1 Fuel Cell, LLC.
    Description: Baseline eTariff Filing: Baseline new to be effective
10/31/2023.
    Filed Date: 8/31/23.
    Accession Number: 20230831-5162.
    Comment Date: 5 p.m. ET 9/21/23.

    Docket Numbers: ER23-2748-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1628R24 Western Farmers
Electric Cooperative NITSA NOAs to be effective 8/1/2023.
    Filed Date: 8/31/23.
    Accession Number: 20230831-5172.
    Comment Date: 5 p.m. ET 9/21/23.

    Docket Numbers: ER23-2749-000.
    Applicants: AEUG Union Solar, LLC.
    Description: Baseline eTariff Filing: AEUG Union Solar, LLC Market-
Based Rate Tariff to be effective 11/1/2023.
    Filed Date: 8/31/23.
    Accession Number: 20230831-5176.
    Comment Date: 5 p.m. ET 9/21/23.

    Docket Numbers: ER23-2750-000.
    Applicants: HORIZON HILL WIND, LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authorization, Request for Related Waivers to be effective 10/31/
2023.
    Filed Date: 8/31/23.
    Accession Number: 20230831-5212.
    Comment Date: 5 p.m. ET 9/21/23.

    Docket Numbers: ER23-2751-000.
    Applicants: WHITE ROCK WIND EAST, LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authorization, Request for Related Waivers to be effective 10/31/
2023.
    Filed Date: 8/31/23.
    Accession Number: 20230831-5218.

    Comment Date: 5 p.m. ET 9/21/23.

    Docket Numbers: ER23-2752-000.
    Applicants: WHITE ROCK WIND WEST, LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authorization, Request for Related Waivers to be effective 10/20/
2023.
    Filed Date: 8/31/23.
    Accession Number: 20230831-5219.
    Comment Date: 5 p.m. ET 9/21/23.

    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, to protest, or to answer a
complaint in any of the above proceedings must file in accordance with
Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211,
385.214, or 385.206) 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>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: August 31, 2023..
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-19302 Filed 9-6-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)]
[Notices]
[Pages 34634-34635]
[FR Doc No: 2015-14871]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Public Availability of FY 2014 Service Contract
Inventories and Supplemental Data

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of public availability of FY 2014 service contract
inventories and supplemental data.

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SUMMARY: In accordance with Section 743 of Division C of the
Consolidated Appropriations Act of 2010 (Pub. L. 111-117), the Federal
Energy Regulatory Commission (FERC) is publishing this notice to advise
the public on the availability of the FY 2014 Service Contract
Inventory, a report that analyzes the Commission's FY 2014 Service
Contract Inventory and an inventory supplement that identifies the
amount invoiced and direct labor hours for covered service contract
actions.
    The service contract inventory provides information on service
contract actions over $25,000 that FERC completed in FY 2014. The
information is organized by function to show how contracted resources
are distributed throughout the agency. The inventory has been developed
in accordance with guidance issued on November 5, 2010, by the Office
of Management and Budget's Office of Federal Procurement Policy (OFPP).
    OFPP's guidance is available at http://www.whitehouse.gov/sites/default/files/omb/procurement/memo/service-contract-inventories-guidance-11052010.pdf. On December 19, 2011, OFPP issued additional
guidance available at http://www.whitehouse.gov/

 sites/default/files/omb/procurement/memo/service-contract-inventory-
guidance.pdf. FERC has posted its FY 2014 inventory and summary at the
following link: http://www.ferc.gov/about/offices/oed/oed-fo/oed-acquisition.asp.

FOR FURTHER INFORMATION CONTACT: Katharine Lindner, Acquisition
Services Division, Office of the Executive Director, Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426,
(202) 502-6044<EMAIL_ADDRESS>
    Dated: June 11, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-14871 Filed 6-16-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 30 (Wednesday, February 15, 2017)]
[Notices]
[Pages 10844-10846]
[FR Doc No: 2017-02993]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79996; File Nos. SR-BX-2016-068; SR-NASDAQ-2016-169;
SR-Phlx-2016-120]

Self-Regulatory Organizations; NASDAQ BX, Inc.; The Nasdaq Stock
Market LLC; NASDAQ PHLX LLC; Order Granting Approval of Proposed Rule
Changes, as Modified by Amendment No. 1s, To Accept Orders Routed
Inbound From the International Stock Exchange, LLC, ISE Gemini, LLC,
and ISE Mercury, LLC, by Nasdaq Execution Services, LLC

February 9, 2017.

I. Introduction

    On December 9, 2016, NASDAQ BX, Inc. (``BX''), The NASDAQ Stock
Market LLC (``Nasdaq''), and NASDAQ PHLX LLC (``Phlx'' and, each of BX,
Nasdaq, and Phlx a ``NASDAQ Exchange'' or ``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\
and Rule 19b-4 thereunder,\2\ proposed rule changes to permit BX, Phlx,
and The NASDAQ Options Market LLC (``NOM'') \3\ to accept options
orders routed inbound from the International Stock Exchange, LLC
(``ISE''), ISE Gemini, LLC (``ISE Gemini''), and ISE Mercury, LLC
(``ISE Mercury'' and, together with ISE and ISE Gemini, the ``ISE
Exchanges'') by Nasdaq Execution Services, LLC (``NES''), an affiliate
of both the NASDAQ Exchanges and the ISE Exchanges (the NASDAQ
Exchanges, together with the ISE Exchanges, the ``Affiliated
Exchanges'').\4\ On December 20, 2016, each of the NASDAQ Exchanges
filed an Amendment No. 1 to its respective proposed rule change. The
proposed rule changes, each as modified by Amendment No. 1 thereto,
were published for comment in the Federal Register on December 29,
2016.\5\ The Commission received no comments on the proposals. This
order approves the proposed rule changes, as modified by their
respective Amendment No. 1s.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ NOM is a facility of Nasdaq. See Nasdaq Options Rules,
Chapter I, Section 1(a)(28).
    \4\ The ISE Exchanges submitted related proposed rule changes
that, among other things, would permit each ISE Exchange to use NES
to route options orders outbound to away markets. See Securities
Exchange Act Release Nos. 79665 (December 22, 2016), 81 FR 96092
(December 29, 2016) (SR-ISE-2016-27); 79664 (December 22, 2016), 81
FR 96136 (December 29, 2016) (SR-ISEGemini-2016-16); and 79663
(December 22, 2016), 81 FR 96089 (December 29, 2016) (SR-ISEMercury-
2016-22). The Commission is also today approving these proposed
rules changes. See Securities Exchange Act Release Nos. 79994
(February 9, 2017); and 79995 (February 9, 2017) (``ISE Exchange
Routing Orders'').
    \5\ See Securities Exchange Act Release Nos. 79661 (December 22,
2016), 81 FR 96100 (SR-BX-2016-068) (``BX Notice''); 79662 (December
22, 2016), 81 FR 96087 (SR-NASDAQ-2016-169) (``Nasdaq Notice''); and
79660 (December 22, 2016), 81 FR 96060 (SR-Phlx-2016-120) (``Phlx
Notice'').
---------------------------------------------------------------------------

II. Background

    Phlx Rule 985(b)(i)(A) prohibits Phlx or any entity with which it
is affiliated from, directly or indirectly, acquiring or maintaining an
ownership interest in, or engaging in a business venture with, an
Exchange member or an affiliate of an Exchange member in the absence of
an effective filing under Section 19(b) of the Act.\6\ Nasdaq's and
BX's rules include similar prohibitions.\7\ NES is a registered broker-
dealer that is a member of NOM,\8\ BX,\9\ and Phlx,\10\ and currently
provides to members of each, optional routing services to other
markets.\11\ NES is owned by Nasdaq, Inc.,\12\ which also owns all of
the Affiliated Exchanges.\13\ Thus, NES is an affiliate of the NASDAQ
Exchanges, as well as an affiliate of the ISE Exchanges. Absent an
effective filing, the rules of Nasdaq, BX, and Phlx would prohibit NES
from being a member of each of those Exchanges. Today, NES is a member
of each of the NASDAQ Exchanges and performs certain limited activities
for each, pursuant to effective filings pursuant to Section 19(b).\14\
Among other activities, each of the NASDAQ Exchanges accepts options
orders routed inbound from each of the other NASDAQ Exchanges pursuant
to certain limitations and conditions.\15\ With the current proposed
rule changes, the NASDAQ Exchanges seek approval to permit NES to also
route options orders inbound from the ISE Exchanges pursuant to those
same limitations and conditions.\16\
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    \6\ 15 U.S.C. 78s(b). Phlx Rule 985 also prohibits a Phlx member
from being or becoming an affiliate of Phlx, or an affiliate of an
entity affiliated with Phlx, in the absence of an effective filing
under Section 19(b) of the Act. See Phlx Rule 958(b)(i)(B).
    \7\ Pursuant to Nasdaq Rule 2160(a): ``(1) Nasdaq or any entity
with which it is affiliated shall not, directly or indirectly,
acquire or maintain an ownership interest in, or engage in a
business venture with, a Nasdaq member or an affiliate of a Nasdaq
member in the absence of an effective filing under Section 19(b) of
the Act; and (2) a Nasdaq member shall not be or become an affiliate
of Nasdaq, or an affiliate of an entity affiliated with Nasdaq, in
the absence of an effective filing under Section 19(b) of the Act.''
    Pursuant to BX Rule 2140(a): ``(1) [BX] or any entity with which
it is affiliated shall not, directly or indirectly, acquire or
maintain an ownership interest in, or engage in a business venture
with, [a BX] member or an affiliate of [a BX] member in the absence
of an effective filing under Section 19(b) of the Act; and (2) [a
BX] member shall not be or become an affiliate of [BX], or an
affiliate of an entity affiliated with [BX], in the absence of an
effective filing under Section 19(b) of the Act.''
    \8\ See Nasdaq Notice, supra note 5, at 96087.
    \9\ See BX Notice, supra note 5, at 96100.
    \10\ See Phlx Notice, supra note 5, at 96061.
    \11\ See Phlx Rule 1080(m)(iii); Nasdaq Options Rules, Chapter
VI, Section 11(e); and BX Options Rules, Chapter VI, Section 11(e).
See also Phlx Notice, supra note 5, at 96061; Nasdaq Notice, supra
note 5, at 96087; and BX Notice, supra note 5, at 96100.
    \12\ See Securities Exchange Act Release No. 69233 (March 25,
2013), 78 FR 19352 (March 29, 2013) (SR-NASDAQ-2013-028) (order
approving a proposed rule change to make permanent a pilot program
to permit NASDAQ to accept inbound orders routed by NES from the BX
Equities market and PSX) at 19352 n.6 and accompanying text.
    \13\ See Securities Exchange Act Release No. 78119 (June 21,
2016), 81 FR 41611 (June 27, 2016) (SR-ISE-2016-11; SR-ISE Gemini-
2016-05; SR-ISE Mercury-2016-10) (order approving a proposed rule
change relating to Nasdaq, Inc.'s acquisition of ISE, ISE Gemini,
and ISE Mercury).
    \14\ See, e.g., supra note 11; and Securities Exchange Act
Release Nos. 69233, supra note 12; 69232 (March 25, 2013), 78 FR
19342 (March 29, 2013) (SR-BX-2013-013) (order approving a proposed
rule change to make permanent a pilot program to permit BX to accept
inbound orders routed by NES from PSX); 69229 (March 25, 2013), 78
FR 19337 (March 29, 2013) (SR-Phlx-2013-15) (order approving a
proposed rule change to make permanent a pilot program to permit PSX
to accept inbound orders routed by NES from BX); 71416 (January 28,
2014), 79 FR 6244 (February 3, 2014) (SR-Phlx-2014-05) (notice of
filing and immediate effectiveness of proposed rule change to permit
Phlx to receive inbound orders in options routed through NES from
NOM and BX); 71420 (January 28, 2014), 79 FR 6256 (February 3,
2014)(SR-BX-2014-004) (notice of filing and immediate effectiveness
of proposed rule change to permit BX to receive inbound orders in
options routed through NES from NOM and Phlx); and 71418 (January
28, 2014), 79 FR 6262 (February 3, 2014) (SR-NASDAQ-2014-008)
(notice of filing and immediate effectiveness of proposed rule
change to permit NOM to receive inbound orders in options routed
through NES from BX and Phlx).
    \15\ See Securities Exchange Act Release Nos. 71416, supra note
14; 71420, supra note 14; and 71418, supra note 14. With respect to
Nasdaq, routing of options orders is permitted into NOM from BX and
Phlx, into Phlx from NOM and BX, and into BX from NOM and Phlx. See
id.
    \16\ See Phlx Notice, supra note 5, at 96062; Nasdaq Notice,
supra note 5, at 96088; and BX Notice, supra note 5, at 96101. In
the case of Nasdaq, Nasdaq proposes to permit NES to route options
orders into NOM. See Nasdaq Notice, supra note 5, at 96087.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
changes, each as modified by Amendment No. 1,

are consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\17\ Specifically, the Commission finds that the proposed rule
changes are consistent with Section 6(b)(1) of the Act,\18\ which
requires, among other things, that a national securities exchange be so
organized and have the capacity to carry out the purposes of the Act,
and to comply and enforce compliance by its members and persons
associated with its members, with the provisions of the Act, the rules
and regulation thereunder, and the rules of the exchange. Further, the
Commission finds that the proposed rule changes are consistent with
Section 6(b)(5) of the Act,\19\ which requires, among other things,
that the rules of a national securities exchange be designed to prevent
fraudulent and manipulative acts and practices; to promote just and
equitable principles of trade; to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, and processing
information with respect to, and facilitating transactions in
securities; 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. Section 6(b)(5) also
requires that the rules of an exchange not be designed to permit unfair
discrimination among customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \17\ In approving these proposed rule changes, the Commission
has considered the proposed rules' impact on efficiency, competition
and capital formation. 15 U.S.C. 78c(f).
    \18\ 15 U.S.C. 78f(b)(1).
    \19\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    For each of the ISE Exchanges, NES will operate as a facility that
provides outbound options routing from the respective ISE Exchange to
other market centers, subject to certain conditions.\20\ The operation
of NES as a facility of each of the ISE Exchanges providing outbound
routing services will be subject to oversight by each of the ISE
Exchanges, respectively, as well as Commission oversight. Each of the
ISE Exchanges will be responsible for ensuring that NES's outbound
options routing services are operated consistent with Section 6 of the
Act and ISE, ISE Gemini, and ISE Mercury's rules, respectively. In
addition, the ISE Exchanges must each file with the Commission rule
changes and fees relating to their outbound options routing services
provided by NES.
---------------------------------------------------------------------------

    \20\ See ISE Exchange Routing Orders, supra note 4.
---------------------------------------------------------------------------

    Recognizing that the Commission has expressed concern regarding the
potential for conflicts of interest in instances where a member firm is
affiliated with an exchange to which it is routing orders, each NASDAQ
Exchange previously implemented limitations and conditions on its
affiliation with NES to permit the Exchange to accept inbound options
orders that NES routes in its capacity as a facility of the other
NASDAQ Exchanges.\21\ Again recognizing the concern previously
expressed by the Commission, each NASDAQ Exchange now proposes that it
be permitted \22\ to accept inbound options orders that NES routes in
its capacity as a facility of ISE, ISE Gemini, and ISE Mercury, subject
to those same limitations and conditions, as follows: \23\
---------------------------------------------------------------------------

    \21\ See supra note 15 and accompanying text.
    \22\ In the case of Nasdaq, the Exchange requests that NOM be
permitted to accept inbound options orders that NES routes in its
capacity as a facility of the ISE Exchanges. See Nasdaq Notice,
supra note 5, at 96087.
    \23\ See Phlx Notice, supra note 5, at 96061; Nasdaq Notice,
supra note 5, at 96087-88; BX Notice, supra note 5, at 96101.
---------------------------------------------------------------------------

     First, each NASDAQ Exchange and the Financial Industry
Regulatory Authority (``FINRA'') will maintain a Regulatory Services
Agreement (``RSA''), as well as an agreement pursuant to Rule 17d-2
under the Act (``17d-2 Agreement'').\24\ Pursuant to the RSA and the
17d-2 Agreement, FINRA will be allocated regulatory responsibilities to
review NES's compliance with certain Nasdaq, BX, and Phlx rules,
respectively.\25\ Pursuant to the RSA, however, each Exchange retains
ultimate responsibility for enforcing its rules with respect to NES.
---------------------------------------------------------------------------

    \24\ 17 CFR 240.17d-2.
    \25\ NES is also subject to independent oversight by FINRA, its
designated examining authority, for compliance with financial
responsibility requirements.
---------------------------------------------------------------------------

     Second, FINRA will monitor NES for compliance with each of
the Exchange's trading rules, and will collect and maintain certain
related information.\26\
---------------------------------------------------------------------------

    \26\ Pursuant to the RSA, both FINRA and the respective Exchange
will collect and maintain all alerts, complaints, investigations and
enforcement actions in which NES (in its capacity as a facility of
each of the ISE Exchanges routing orders to the Exchange) is
identified as a participant that has potentially violated applicable
Commission or Exchange rules. The respective Exchange and FINRA will
retain these records in an easily accessible manner in order to
facilitate any potential review conducted by the Commission's Office
of Compliance Inspections and Examinations. See Nasdaq Notice, supra
note 5, at 96088 n.12; BX Notice, supra note 5, at 96101 n.12; and
Phlx Notice, supra note 5, at 96061 n.12. Each of the NASDAQ
Exchanges state that the RSA functions in this manner in connection
with NES routing in its capacity as a facility of the other NASDAQ
Exchanges, and each now seeks to permit an inbound routing
relationship with the ISE Exchanges pursuant to the same conditions.
See Phlx Notice, supra note 5, at 96061-62 & n.12; Nasdaq Notice,
supra note 5, at 96088 & n.12; and BX Notice, supra note 5, at 96101
& n.12.
---------------------------------------------------------------------------

     Third, FINRA will provide a report to each Exchange's
chief regulatory officer (``CRO''), on a quarterly basis, that: (i)
Quantifies all alerts (of which the Exchange or FINRA is aware) that
identify NES as a participant that has potentially violated Commission,
or the respective Exchange's, rules, and (ii) lists all investigations
that identify NES as a participant that has potentially violated
Commission, or the respective Exchange's, rules.
     Fourth, Nasdaq, BX, and Phlx each have in place a rule
that requires Nasdaq, Inc., as the holding company owning both the
Exchange and NES, to establish and maintain procedures and internal
controls reasonably designed to ensure that NES does not develop or
implement changes to its system, based on non-public information
obtained regarding planned changes to the Exchange's systems as a
result of its affiliation with the Exchange, until such information is
available generally to similarly situated Exchange members, in
connection with the provision of inbound routing to the Exchange.\27\
---------------------------------------------------------------------------

    \27\ See Nasdaq Rule 2160(c); Phlx Rule 985(c)(2); BX Rule
2140(c). The NASDAQ Exchange rules each state that ``NASDAQ OMX
Group, Inc.'' shall establish and maintain these procedures and
controls. Nasdaq, Inc. was formerly known as NASDAQ OMX Group, Inc.
See Securities Exchange Act Release No. 75421 (July 10, 2015), 80 FR
42136 (July 16, 2015) (SR-BSECC-2015-001; SR-BX-2015-030; SR-NASDAQ-
2015-058; SR-Phlx-2015-46; SR-SCCP-2015-01).
---------------------------------------------------------------------------

    Each of the NASDAQ Exchanges has stated that it has met all of the
above-listed conditions in connection with NES routing in its capacity
as a facility of the other NASDAQ Exchanges, and will comply with these
conditions in connection with NES routing in its capacity as a facility
of the ISE Exchanges. By meeting such conditions, each NASDAQ Exchange
believes that it has set up mechanisms that protect the independence of
the Exchange's regulatory responsibility with respect to NES, and has
demonstrated that NES cannot use any information advantage it may have
because of its affiliation with each NASDAQ Exchange.\28\
---------------------------------------------------------------------------

    \28\ See Nasdaq Notice, supra note 5, at 96088; Phlx Notice,
supra note 5, at 96061-62; BX Notice, supra note 5, at 96101.
---------------------------------------------------------------------------

    In the past, the Commission has expressed concern that the
affiliation of an exchange with one of its members raises potential
conflicts of interest and the potential for unfair competitive
advantage.\29\ Although the Commission

continues to be concerned about potential unfair competition and
conflicts of interest between an exchange's self-regulatory obligations
and its commercial interest when the exchange is affiliated with one of
its members, for the reasons discussed below, the Commission believes
that it is consistent with the Act to permit NES, in its capacity as a
facility of each of the ISE Exchanges, to route options orders inbound
to each of the NASDAQ Exchanges, subject to the limitations and
conditions described above.\30\
---------------------------------------------------------------------------

    \29\ See, e.g., Securities Exchange Act Release Nos. 54170 (July
18, 2006), 71 FR 42149 (July 25, 2006) (SR-NASDAQ-2006-006) (order
approving Nasdaq's proposal to adopt Nasdaq Rule 2140, restricting
affiliations between Nasdaq and its members); 53382 (February 27,
2006), 71 FR 11251 (March 6, 2006) (SR-NYSE-2005-77) (order
approving the combination of the New York Stock Exchange, Inc. and
Archipelago Holdings, Inc.); 58673 (September 29, 2008), 73 FR 57707
(October 3, 2008) (SR-Amex-2008-62 and SR-NYSE-2008-60) (order
approving the combination of NYSE Euronext and the American Stock
Exchange LLC); 59135 (December 22, 2008), 73 FR 79954 (December 30,
2008) (SR-ISE-2008-85) (order approving the purchase by ISE Holdings
of an ownership interest in Direct Edge Holdings LLC); 59281
(January 22, 2009), 74 FR 5014 (January 28, 2009) (SR-NYSE-2008-120)
(order approving a joint venture between NYSE and BIDS Holdings
L.P.); 58375 (August 18, 2008), 73 FR 49498 (August 21, 2008) (File
No. 10-182) (order granting the exchange registration of BATS
Exchange, Inc.); 61698 (March 12, 2010), 75 FR 13151 (March 18,
2010) (File Nos. 10-194 and 10-196) (order granting the exchange
registration of EDGX Exchange, Inc. and EDGA Exchange, Inc.); and
62716 (August 13, 2010), 75 FR 51295 (August 19, 2010) (File No. 10-
198) (order granting the exchange registration of BATS-Y Exchange,
Inc.).
    \30\ The Commission notes that these limitations and conditions
are consistent with those previously approved by the Commission for
other exchanges. See, e.g., Securities Exchange Act Release Nos.
67256 (June 26, 2012), 77 FR 39277 (July 2, 2012) (SR-BX-2012-030)
(order approving rules relating to the establishment of the BX
options market) at 39281-39282; 69233, supra note 12; 69232, supra
note 14; 69229, supra note 14; and the ISE Exchange Routing Orders,
supra note 4.
---------------------------------------------------------------------------

    The Commission believes that these limitations and conditions will
mitigate its concerns about potential conflicts of interest and unfair
competitive advantage. In particular, the Commission believes that a
non-affiliated SRO's oversight of NES,\31\ combined with a non-
affiliated SRO's monitoring of NES's compliance with each of the NASDAQ
Exchange's rules and quarterly reporting to each NASDAQ Exchange, will
help to protect the independence of Nasdaq's, BX's, and Phlx's
regulatory responsibilities with respect to NES. The Commission also
believes that the Exchanges' rules are designed to ensure that NES
cannot use any information advantage it may have because of its
affiliation with Nasdaq, BX, or Phlx, respectively.\32\
---------------------------------------------------------------------------

    \31\ This oversight will be accomplished through the 17d-2
Agreement and the RSA.
    \32\ See supra note 27 and accompanying text.
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\33\ that the proposed rule changes (SR-BX-2016-068; SR-NASDAQ-
2016-169; SR-Phlx-2016-120), each as modified by their respective
Amendment No. 1, be, and hereby is, approved.
---------------------------------------------------------------------------

    \33\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\34\
---------------------------------------------------------------------------

    \34\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-02993 Filed 2-14-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 134 (Thursday, July 12, 2012)]
[Proposed Rules]
[Pages 41108-41109]
[FR Doc No: 2012-16948]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-0617; Airspace Docket No. 12-ANM-18]

Proposed Establishment of Class E Airspace; Fort Garland, CO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E airspace at
Trinchera Ranch Airstrip Airport, Fort Garland, CO. Controlled airspace
is necessary to accommodate aircraft using new Area Navigation (RNAV)
Global Positioning System (GPS) standard instrument approach procedures
at Trinchera Ranch Airstrip Airport. The FAA is proposing this action
to enhance the safety and management of aircraft operations at the
airport.

DATES: Comments must be received on or before August 27, 2012.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2012-
0617; Airspace Docket No. 12-ANM-18, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA 2012-0617 and Airspace Docket No. 12-ANM-18) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2012-0617 and Airspace Docket No. 12-ANM-18'' . The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9 a.m. and 5 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed

Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by establishing Class E airspace at
Trinchera Ranch Airstrip Airport, Fort Garland, CO to accommodate
aircraft using the new RNAV (GPS) standard instrument approach
procedures at Trinchera Ranch Airstrip Airport. This action would
enhance the safety and management of aircraft operations at the
airport.
    Class E airspace designations are published in paragraph 6005, of
FAA Order 7400.9V, dated August 9, 2011, and effective September 15,
2011, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in this Order.
    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation; (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority for the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish controlled airspace at Fort Garland, Trinchera
Ranch Airstrip Airport, CO.
    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9V, Airspace Designations and
Reporting Points, dated August 9, 2011, and effective September 15,
2011 is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ANM CO E5 Fort Garland, CO [New]

Trinchera Ranch Airstrip Airport, CO
    (Lat. 37[deg]27'50'' N., long. 105[deg]24'25'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.9-mile radius of Trinchera Ranch Airstrip Airport; that
airspace extending upward from 1,200 feet above the surface in an
area bounded by a line beginning at lat. 37[deg]38'00'' N., long.
105[deg]31'00'' W.; to lat. 37[deg]33'00'' N., long. 105[deg]12'00''
W.; to lat. 37[deg]24'00'' N., long. 105[deg]07'00'' W.; to lat.
37[deg]04'00'' N., long. 105[deg]23'30'' W.; to lat. 37[deg]03'00''
N., long. 105[deg]43'00'' W.; to lat. 37[deg]15'00'' N., long.
105[deg]50'00'' W.; to lat. 37[deg]29'00'' N., long. 105[deg]42'00''
W., thence to the point of beginning.

    Issued in Seattle, Washington, on July 3, 2012.
John Warner,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2012-16948 Filed 7-11-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 233 (Wednesday, December 4, 2019)]
[Notices]
[Pages 66398-66400]
[FR Doc No: 2019-26199]

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

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:

    Docket Number: PR20-12-000.
    Applicants: Rocky Mountain Natural Gas LLC.
    Description: Tariff filing per 284.123(b),(e)/: RMNG Revised SOC
Filing to be effective 11/1/2019.
    Filed Date: 11/21/19.
    Accession Number:<PHONE_NUMBER>63.
    Comments/Protests Due: 5 p.m. ET 12/12/19.

    Docket Numbers: RP19-1291-003.
    Applicants: Paiute Pipeline Company.
    Description: Compliance filing 2019 Rate Case--Motion Rate Filing
to be effective 12/1/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5100.
    Comments Due: 5 p.m. ET 12/9/19.

    Docket Numbers: RP19-257-009.
    Applicants: Southwest Gas Storage Company.
    Description: Compliance filing RP19-257-000 Settlement Compliance
Filing to be effective 12/1/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5085.
    Comments Due: 5 p.m. ET 12/9/19.

    Docket Numbers: RP19-370-001.
    Applicants: Gas Transmission Northwest LLC.
    Description: Compliance filing Compliance to RP15-904-001
(Implement 501-G Settlement) Phase II Rates to be effective 1/1/2020.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5005.
    Comments Due: 5 p.m. ET 12/9/19.

    Docket Numbers: RP19-414-002.
    Applicants: Northern Border Pipeline Company.
    Description: Compliance filing Amended Settlement Compliance Period
3 Eff. Jan 2020 to be effective 1/1/2020.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5057.
    Comments Due: 5 p.m. ET 12/9/19.

    Docket Numbers: RP20-257-000.

    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--Boston Gas
511109 to Plymouth Rock 800706 to be effective 12/1/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5004.
    Comments Due: 5 p.m. ET 12/9/19.

    Docket Numbers: RP20-258-000.
    Applicants: Gas Transmission Northwest LLC.
    Description: Annual Fuel Charge Adjustment of Gas Transmission
Northwest LLC under RP20-258.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5056.
    Comments Due: 5 p.m. ET 12/9/19.

    Docket Numbers: RP20-259-000.
    Applicants: Kern River Gas Transmission Company.
    Description: Sec.  4(d) Rate Filing: 2020 Leap Year Rates to be
effective 1/1/2020.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5072.
    Comments Due: 5 p.m. ET 12/9/19.

    Docket Numbers: RP20-260-000.
    Applicants: Kern River Gas Transmission Company.
    Description: Sec.  4(d) Rate Filing: 2019 Calpine Amendment to be
effective 12/1/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5089.
    Comments Due: 5 p.m. ET 12/9/19.

    Docket Numbers: RP20-262-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Sec.  4(d) Rate Filing: New Negotiated Rate
Agreements-Municipal Customers to be effective 12/1/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5092.
    Comments Due: 5 p.m. ET 12/9/19.

    Docket Numbers: RP20-263-000.
    Applicants: Rover Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Summary of Negotiated Rate
Capacity Release Agreements on 11-26-19 to be effective 12/1/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5105.
    Comments Due: 5 p.m. ET 12/9/19.

    Docket Numbers: RP20-264-000.
    Applicants: Alliance Pipeline L.P.
    Description: Sec.  4(d) Rate Filing: Hess 2020 Tioga Usage Charge
Filing to be effective 1/1/2020.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5111.
    Comments Due: 5 p.m. ET 12/9/19.

    Docket Numbers: RP20-265-000.
    Applicants: Cameron Interstate Pipeline, LLC.
    Description: Compliance filing CIP Request for Tariff Waiver and
Request for Shortened Comment Period.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5137.
    Comments Due: 5 p.m. ET 12/3/19.

    Docket Numbers: RP20-266-000.
    Applicants: Dauphin Island Gathering Partners.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Filing--
Chevron 11-26-2019 to be effective 12/1/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5144.
    Comments Due: 5 p.m. ET 12/9/19.

    Docket Numbers: RP20-267-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--Boston Gas
510807 release to UGI 800743 eff 12-1-19 to be effective 12/1/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5158.
    Comments Due: 5 p.m. ET 12/9/19.

    Docket Numbers: RP20-268-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--Boston Gas
510798 releases eff 12-1-19 to be effective 12/1/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5161.
    Comments Due: 5 p.m. ET 12/9/19.

    Docket Numbers: RP20-269-000.
    Applicants: LA Storage, LLC.
    Description: Sec.  4(d) Rate Filing: Filing of Negotiated Rate,
Conforming IW Agreement (BP) to be effective 12/1/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5185.
    Comments Due: 5 p.m. ET 12/9/19.

    Docket Numbers: RP20-270-000.
    Applicants: ANR Pipeline Company.
    Description: Sec.  4(d) Rate Filing: Prepayments to be effective
12/27/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5192.
    Comments Due: 5 p.m. ET 12/9/19.

    Docket Numbers: RP20-271-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--MC Global
911524 releases eff 12-1-19 to be effective 12/1/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5252.
    Comments Due: 5 p.m. ET 12/9/19.

    Docket Numbers: RP20-272-000.
    Applicants: Equitrans, L.P.
    Description: Compliance filing Copley Certificated Gathering
Facilities Abandonment--Compliance Filing to be effective 12/31/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5270.
    Comments Due: 5 p.m. ET 12/9/19.

    Docket Numbers: RP20-273-000.
    Applicants: Equitrans, L.P.
    Description: Tariff Cancellation: Terminate Negotiated Rate Copley
Gathering Agreement to be effective 12/31/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5274.
    Comments Due: 5 p.m. ET 12/9/19.

    Docket Numbers: RP20-274-000.
    Applicants: Viking Gas Transmission Company.
    Description: Sec.  4(d) Rate Filing: Part 5.0 Correction Filing to
be effective 11/1/2019.
    Filed Date: 11/27/19.
    Accession Number: 20191127-5000.
    Comments Due: 5 p.m. ET 12/3/19.

    Docket Numbers: RP20-275-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Rate Schedule S-2 Tracker
Filing (ASA/PCB) eff 12/1/2019 to be effective 12/1/2019.
    Filed Date: 11/27/19.
    Accession Number: 20191127-5001.
    Comments Due: 5 p.m. ET 12/9/19.

    Docket Numbers: RP20-276-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: TETLP--Macquarie k911714
Negotiated Rate eff 12-1-19 to be effective 12/1/2019.
    Filed Date: 11/27/19.
    Accession Number: 20191127-5003.
    Comments Due: 5 p.m. ET 12/9/19.

    Docket Numbers: RP20-277-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Sec.  4(d) Rate Filing: Amendment to a Negotiated Rate
Agreement-Macquarie Energy LLC to be effective 12/1/2019.
    Filed Date: 11/27/19.
    Accession Number: 20191127-5019.
    Comments Due: 5 p.m. ET 12/9/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or 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 date(s). 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: November 27, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-26199 Filed 12-3-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 111 (Friday, June 11, 2021)]
[Rules and Regulations]
[Pages 31114-31115]
[FR Doc No: 2021-12276]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-1187; Airspace Docket No. 20-ANE-9]
RIN 2120-AA66

Establishment of Class E Airspace; Wareham, MA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace extending upward from
700 feet above the surface at Tobey Hospital Heliport, Wareham, MA, to
accommodate new area navigation (RNAV) global positioning system (GPS)
standard instrument approach procedures (SIAPs) serving this heliport.
Controlled airspace is necessary for the safety and management of
instrument flight rules (IFR) operations in the area.

DATES: Effective 0901 UTC, August 12, 2021. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order 7400.11E, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; Telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes Class E airspace extending upward from 700 feet above
the surface at Tobey Hospital Heliport in Wareham, MA, to support IFR
operations in the area.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (86 FR 3896, January 15, 2021) for Docket No. FAA-2020-1187 to
establish Class E airspace extending upward from 700 feet above the
surface at Tobey Hospital Heliport, Wareham, MA, to accommodate area
navigation (RNAV) global positioning system (GPS) standard instrument
approach procedures (SIAPs) serving this heliport.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class E airspace designations are published in Paragraph 6005, of
FAA Order 7400.11E, dated July 21, 2020, and effective September 15,
2020, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020. FAA Order 7400.11E is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11E lists Class A,
B, C, D, and E airspace areas, air traffic routes, and reporting
points.

The Rule

    The FAA is amending 14 CFR part 71 by establishing Class E airspace
extending upward from 700 feet above the surface at Tobey Hospital
Heliport, Wareham, MA, providing the controlled airspace required to
support the new RNAV (GPS) standard instrument approach procedures for
IFR operations at Tobey Hospital Heliport. Subsequent to publication of
the Notice of Proposed Rulemaking, the FAA found the geographic
coordinates of Tobey Hospital Heliport were incorrect. This action
corrects the error. These changes are necessary for continued safety
and management of IFR operations in the area.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is minimal. Since this is a routine matter that only
affects air traffic procedures an air navigation, it is certified that
this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air)

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

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

* * * * *

ANE MA E5 Wareham, MA [New]

Tobey Hospital Heliport, MA
    (Lat. 41[deg]45'18'' N, long. 70[deg]42'52'' W)

    That airspace extending upward from 700 feet above the surface
within a 6-mile radius of Tobey Hospital Heliport.

    Issued in College Park, Georgia, on June 7, 2021.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2021-12276 Filed 6-10-21; 8:45 am]
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