[Federal Register: September 25, 2009 (Volume 74, Number 185)]
[Rules and Regulations]
[Page 48857-48863]
[DOCID:fr25se09-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2009-0368; FRL-8950-9]

Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Clean Air Interstate Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a revision to the Ohio State Implementation
Plan (SIP) that would address the requirements of EPA's Clean Air
Interstate Rule (CAIR). EPA previously approved an ``abbreviated SIP''
for Ohio, primarily consisting of rules governing allocation of
allowances to electric generating units (EGUs) for use in the trading
programs established pursuant to CAIR and providing for voluntary opt-
in to these programs. The abbreviated SIP was implemented in
conjunction with a Federal Implementation Plan (FIP) that specified
requirements for emissions monitoring, permit provisions, and other
elements of the CAIR programs. EPA is now approving the addition of
non-EGUs to the CAIR Nitrogen Oxides (NOX) Ozone Season
Trading Program, and EPA is issuing a ``full SIP'' approval under which
the various CAIR implementation provisions would be governed by State
rules rather than FIP rules. This rulemaking addresses rules Ohio
submitted on July 15, 2009, and August 13, 2009. This action also
causes the CAIR Federal Implementation Plans (CAIR FIPs) concerning
sulfur dioxides (SO2), NOX annual, and
NOX ozone season emissions by Ohio sources to be
automatically withdrawn.

DATES: This direct final rule will be effective November 24, 2009,
unless EPA receives adverse comments by October 26, 2009. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R05-OAR-2009-0368 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2009-0368. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail.
    The http://www.regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through http://
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters and any form of encryption and should be free of any defects
or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy during normal business hours at the
Air and Radiation Division, U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, Chicago, IL 60604. This Facility
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal holidays. We recommend that you telephone John Summerhays,
Environmental Scientist, at<PHONE_NUMBER>, before visiting the Region
5 office.

FOR FURTHER INFORMATION CONTACT: John Summerhays,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. What Action Is EPA Taking?
II. What Is the Regulatory History of CAIR and the CAIR FIPs?
III. What Are the General Requirements of CAIR and the CAIR FIPs?
IV. What Are the Types of CAIR SIP Submittals?
V. History of Ohio's CAIR Submittals
VI. Analysis of Ohio's CAIR SIP Submittal
    A. Elements of Ohio's Submittal
    B. State Budgets for Allowance Allocations
    C. CAIR Cap-and-Trade Programs
    D. Applicability Provisions
    E. NOX Allowance Allocations
    F. Allocation of NOX Allowances From Compliance
Supplement Pool
    G. Individual Opt-In Units
VII. Final Action
VIII. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is approving a ``full SIP'' revision addressing CAIR in Ohio.
In this action, EPA is approving the entire set of rules in Ohio
Administrative Code (OAC) Chapter 3745-109, entitled ``Clean Air
Interstate Rule.'' Ohio submitted these rules in two parts: A submittal
dated July 15, 2009, provided rules that were to become effective July
16, 2009, and a submittal dated August 13, 2009, provided rules that
had become effective on September 27, 2007.
    On February 1, 2008, at 73 FR 6034, EPA approved an ``abbreviated
SIP,'' primarily consisting of rules governing allocation of
NOX allowances to EGUs for use in the trading programs
established pursuant to CAIR and rules

allowing sources to opt into the CAIR programs. The abbreviated SIP was
implemented in conjunction with a FIP that specified requirements for
emissions monitoring, permit provisions, and other elements of the CAIR
programs. EPA is now approving the addition of non-EGUs to the CAIR
NOX Ozone Season Trading Program, and EPA is issuing ``full
SIP'' approval under which the various CAIR implementation provisions
will be governed by State rules rather than FIP rules. EPA finds that
Ohio's rules meet the applicable CAIR requirements by requiring certain
EGUs to participate in the EPA-administered CAIR cap-and-trade programs
addressing SO2, NOX annual, and NOX
ozone season emissions, and by requiring certain non-EGUs to
participate in the program for NOX ozone season emissions.

II. What Is the Regulatory History of CAIR and the CAIR FIPs?

    EPA published CAIR on May 12, 2005 (70 FR 25162). In adopting this
rule, EPA determined that 28 States and the District of Columbia
contribute significantly to nonattainment and interfere with
maintenance of the NAAQS for fine particles (PM2.5) and/or
8-hour ozone in downwind States in the eastern part of the country. As
a result, EPA required those upwind States to revise their SIPs to
include control measures that reduce emissions of SO2, which
is a precursor to PM2.5 formation, and/or NOX,
which is a precursor to both ozone and PM2.5 formation. For
jurisdictions that contribute significantly to downwind
PM2.5 nonattainment, CAIR sets annual State-wide emission
reduction requirements (i.e., budgets) for SO2 and annual
State-wide emission reduction requirements for NOX.
Similarly, for jurisdictions that contribute significantly to 8-hour
ozone nonattainment, CAIR sets State-wide emission reduction
requirements or budgets for NOX for the ozone season (May
1st to September 30th). Under CAIR, States may implement these
reduction requirements by participating in the EPA-administered cap-
and-trade programs or by adopting any other control measures.
    CAIR explains to subject States what must be included in SIPs to
address the requirements of section 110(a)(2)(D) of the Clean Air Act
with regard to interstate transport with respect to the 8-hour ozone
and PM2.5 NAAQS. EPA made national findings, effective on
May 25, 2005, that the States had failed to submit SIPs meeting the
requirements of section 110(a)(2)(D). The SIPs were due in July 2000, 3
years after the promulgation of the 8-hour ozone and PM2.5
NAAQS. These findings started a 2-year clock for EPA to promulgate a
FIP to address the requirements of section 110(a)(2)(D). Under Clean
Air Act section 110(c)(1), EPA may issue a FIP anytime after such
findings are made, and must do so within two years unless a SIP
revision correcting the deficiency is approved by EPA before the FIP is
promulgated.
    On April 28, 2006, EPA promulgated FIPs for all States covered by
CAIR in order to ensure the emissions reductions required by CAIR are
achieved on schedule. The CAIR FIPs require EGUs to participate in the
EPA-administered CAIR trading programs for SO2,
NOX annual, and NOX ozone emissions, as
appropriate. These CAIR FIP trading programs impose essentially the
same requirements as, and are integrated with, the respective CAIR SIP
trading programs. The integration of the FIP and SIP trading programs
means that these trading programs will work together to create
effectively a single trading program for each regulated pollutant
(SO2, NOX annual, and NOX ozone
season) in all States covered by the CAIR FIP or SIP trading program
for that pollutant. Further, as provided in a rule published by EPA on
November 2, 2007, at 72 FR 59190, a State's CAIR FIPs are automatically
withdrawn when EPA approves a SIP revision, in its entirety and without
any conditions, as fully meeting the requirements of CAIR. Where only
portions of the SIP revision are approved, the corresponding portions
of the FIPs are automatically withdrawn and the remaining portions of
the FIP stay in place. Finally, the CAIR FIPs also allow States to
submit abbreviated SIP revisions that, if approved by EPA, will
automatically replace or supplement certain CAIR FIP provisions (e.g.,
the methodology for allocating NOX allowances to sources in
the State), while the CAIR FIP remains in place for all other
provisions.
    On April 28, 2006, EPA published two additional CAIR-related final
rules that added the States of Delaware and New Jersey to the list of
States subject to CAIR for PM2.5 and announced EPA's final
decisions on reconsideration of five issues, without making any
substantive changes to the CAIR requirements.
    On October 19, 2007, at 72 FR 59190, EPA amended CAIR and the CAIR
FIPs to clarify the definition of ``cogeneration unit'' and thus the
applicability of the CAIR trading program to cogeneration units. Ohio
has amended its rules to incorporate a clarified definition, a change
that EPA is approving in this action.
    EPA was sued by a number of parties on various aspects of CAIR, and
on July 11, 2008, the U.S. Court of Appeals for the District of
Columbia Circuit issued its decision to vacate and remand both CAIR and
the associated CAIR FIPs in their entirety. North Carolina v. EPA, 531
F.3d 836 (DC Cir. Jul. 11, 2008). However, in response to EPA's
petition for rehearing, the Court issued an order remanding CAIR to EPA
without vacating either CAIR or the CAIR FIPs. North Carolina v. EPA,
550 F.3d 1176 (DC Cir. Dec. 23, 2008). The Court thereby left CAIR in
place in order to ``temporarily preserve the environmental values
covered by CAIR'' until EPA replaces it with a rule consistent with the
Court's opinion. Id. at 1178. The Court directed EPA to ``remedy CAIR's
flaws'' consistent with its July 11, 2008 opinion, but declined to
impose a schedule on EPA for completing that action. Id. Therefore,
CAIR and the CAIR FIP are currently in effect in Ohio.

III. What Are the General Requirements of CAIR and the CAIR FIPs?

    CAIR establishes State-wide emission budgets for SO2 and
NOX and is to be implemented in two phases. The first phase
of NOX reductions starts in 2009 and continues through 2014,
while the first phase of SO2 reductions starts in 2010 and
continues through 2014. The second phase of reductions for both
NOX and SO2 starts in 2015 and continues
thereafter. CAIR requires States to implement the budgets by either:
(1) Requiring EGUs to participate in the EPA-administered cap-and-trade
programs; or (2) adopting other control measures of the State's
choosing and demonstrating that such control measures will result in
compliance with the applicable State SO2 and NOX
budgets.
    The May 12, 2005, and April 28, 2006, CAIR rules provide model
rules that States must adopt (with certain limited changes, if desired)
if they want to participate in the EPA-administered trading programs.
With two exceptions, only States that choose to meet the requirements
of CAIR through methods that exclusively regulate EGUs are allowed to
participate in the EPA-administered trading programs. One exception is
for States that adopt the opt-in provisions of the model rules to allow
non-EGUs individually to opt into the EPA-administered trading
programs. The other exception is for States that include all non-EGUs
from their NOX SIP Call trading programs in the CAIR
NOX Ozone Season Trading Program.

IV. What Are the Types of CAIR SIP Submittals?

    States have the flexibility to choose the type of control measures
they will use to meet the requirements of CAIR. As EPA anticipated,
most States have chosen to meet the CAIR requirements by selecting an
option that requires EGUs to participate in the EPA-administered CAIR
cap-and-trade programs. For such States, EPA has provided two
approaches for submitting and obtaining approval for CAIR SIP
revisions. States may submit full SIP revisions that adopt the model
CAIR cap-and-trade rules. If approved, these SIP revisions will fully
replace the CAIR FIPs. Alternatively, States may submit abbreviated SIP
revisions. These SIP revisions will not replace the CAIR FIPs; however,
the CAIR FIPs provide that, when approved, the provisions in these
abbreviated SIP revisions will be used instead of or in conjunction
with, as appropriate, the corresponding provisions of the CAIR FIPs
(e.g., the NOX allowance allocation methodology).
    A State submitting a full SIP revision may either adopt regulations
that are substantively identical to the model rules or incorporate by
reference the model rules. CAIR provides that States may only make
limited changes to the model rules if the States want to participate in
the EPA-administered trading programs. A full SIP revision may change
the model rules only by altering their applicability and allowance
allocation provisions to:
    1. Include all NOX SIP Call trading sources that are not
EGUs under CAIR in the CAIR NOX Ozone Season Trading
Program;
    2. Provide for State allocation of NOX annual or ozone
season allowances using a methodology chosen by the State;
    3. Provide for State allocation of NOX annual allowances
from the compliance supplement pool (CSP) using the State's choice of
allowed, alternative methodologies; or
    4. Allow units that are not otherwise CAIR units to opt
individually into the CAIR SO2, NOX Annual, or
NOX Ozone Season Trading Programs under the opt-in
provisions in the model rules. An approved CAIR full SIP revision
addressing EGUs' SO2, NOX annual, or
NOX ozone season emissions will replace the CAIR FIP for
that State for the respective EGU emissions. As discussed above, EPA
approval in full, without any conditions, of a CAIR full SIP revision
causes the CAIR FIPs to be automatically withdrawn.

V. History of Ohio CAIR Submittals

    Ohio's initial response to CAIR was a submittal, dated April 17,
2007, providing draft rules. These rules were intended to constitute a
full SIP submittal, addressing the requirements under CAIR without
reliance on the CAIR FIPs. However, in its next submittal, dated
September 26, 2007, Ohio acknowledged ongoing discussions with EPA
regarding selected portions of the rules. In this submittal, Ohio
requested abbreviated SIP approval, in order to expedite Ohio's
participation in the CAIR trading programs, but Ohio also reiterated
its desire for full SIP approval once it had completed rule revisions
addressing EPA's concerns.
    Rulemaking on a full SIP submittal involves a broader range of
issues than rulemaking on an abbreviated SIP submittal. EPA wished to
expedite action on Ohio's NOx allowance allocation and its rules
allowing sources voluntarily to opt into the trading programs.
Therefore, as requested by Ohio, EPA took action on the abbreviated SIP
portion of Ohio's submittal and did not act on other Ohio CAIR rules.
EPA proposed direct final approval of these abbreviated SIP portions of
Ohio's rules on October 16, 2007 (72 FR 58546), withdrew that action on
December 5, 2007 (72 FR 68515), following receipt of a comment, and
took final action on these rules on February 1, 2008 (73 FR 6034).
    Ohio and EPA continued to discuss Ohio's rules, leading Ohio to
propose various rule revisions. These revisions amended Ohio's
applicability provisions consistent with EPA's revised definition of
cogeneration units, to help make Ohio's applicability provisions for
non-EGUs consistent with EPA guidance. Additional revisions corrected
rule references. However, before Ohio could adopt and submit these rule
revisions, the Court of Appeals for the District of Columbia Circuit
issued its opinion concluding that CAIR should be vacated. This opinion
led Ohio to suspend rulemaking on its CAIR-related rules. Then,
following the Court's issuance, on December 23, 2008, of its order
remanding but not vacating CAIR, Ohio resumed work on these rule
revisions. Ohio proposed revised rules, which it submitted to EPA on
May 11, 2009. Ohio held a public hearing on its proposed rules on June
2, 2009, and submitted final revised rules on July 15, 2009.
    Ohio's CAIR rules, in Ohio Administrative Code (OAC) Chapter 3745-
109, include rules from OAC 3745-109-01 to 3745-109-21. Thirteen of
these rules reflect revisions that became effective on July 16, 2009;
Ohio submitted these rules on July 15, 2009. The other eight rules,
although effective on September 27, 2007, were not included in either
Ohio's September 26, 2007, submittal or its July 15, 2009, submittal;
these rules were submitted on August 13, 2009. Ohio's August 13, 2009,
submittal also reaffirms Ohio's request for full SIP approval.

VI. Analysis of Ohio's CAIR SIP Submittal

A. Elements of Ohio's Submittal

    The rulemaking that EPA completed on February 1, 2008 (73 FR 6034),
granting abbreviated SIP approval, addressed only six of Ohio's CAIR
rules. EPA is today acting on Ohio's full set of rules, constituting a
full SIP that will supersede the FIPs that are currently in effect in
Ohio. Although some rules approved on February 1, 2008, have not
changed, and thus arguably need not be approved again, EPA is acting
again on these rules in conjunction with the remainder of Ohio's CAIR
rules for purposes of clarity and administrative convenience. The
following list identifies the rules that EPA is addressing today and
the applicable submittal date:

3745-109-01 CAIR NOX annual, CAIR SO2 and CAIR
NOX ozone season trading programs definitions and general
provisions--submitted July 15, 2009.
3745-109-02 CAIR designated representative for CAIR NOX
sources--submitted August 13, 2009.
3745-109-03 Permits--submitted August 13, 2009.
3745-109-04 CAIR NOX allowance allocations--submitted July
15, 2009.
3745-109-05 CAIR NOX allowance tracking system--submitted
August 13, 2009.
3745-109-06 CAIR NOX allowance transfers--submitted August
13, 2009.
3745-109-07 Monitoring and Reporting--submitted July 15, 2009.
3745-109-08 CAIR NOX opt-in units--submitted July 15, 2009.
3745-109-09 CAIR designated representative for CAIR SO2 sources--
submitted August 13, 2009.
3745-109-10 Permits--submitted August 13, 2009.
3745-109-11 CAIR SO2 allowance tracking system--submitted July 15,
2009.
3745-109-12 CAIR SO2 allowance transfers--submitted July 15, 2009.

3745-109-13 Monitoring and reporting--submitted July 15, 2009.
3745-109-14 CAIR SO2 opt-in units--submitted July 15, 2009.
3745-109-15 CAIR designated representative for CAIR NOX
ozone season sources--submitted August 13, 2009.
3745-109-16 Permits--submitted August 13, 2009.
3745-109-17 CAIR NOX ozone season allowance allocations--
submitted July 15, 2009.
3745-109-18 CAIR NOX ozone season allowance tracking
system--submitted July 15, 2009.
3745-109-19 CAIR NOX ozone season allowance transfers--
submitted July 15, 2009.
3745-109-20 Monitoring and reporting--submitted July 15, 2009.
3745-109-21 CAIR NOX ozone season opt-in units--submitted
July 15, 2009.
    In order to provide an orderly transition from the NOX Budget
Trading Program to the CAIR NOX Ozone Season Trading
Program, EPA requires States to adopt rules clarifying that the rules
of the NOX Budget Trading Program (adopted to address the NOX SIP Call)
are no longer in effect. However, approval of such transition
provisions is not a prerequisite for approval of Ohio's CAIR rules.
Ohio is taking separate action to propose rule revisions to clarify
that its rules for the NOX Budget Trading Program are no longer in
effect, for as long as EPA is instead implementing the CAIR
NOX Ozone Season Trading Program. EPA is not acting today on
such rules and will conduct separate rulemaking on Ohio's transition
rules at such time as Ohio adopts and submits the rules.

B. State Budgets for Allowance Allocations

    The CAIR NOX annual and ozone season budgets were
developed from historical heat input data for EGUs. Using these data,
EPA calculated annual and ozone season regional heat input values,
which were multiplied by 0.15 lb/mmBtu, for phase 1, and 0.125 lb/
mmBtu, for phase 2, to obtain regional NOX budgets for 2009-
2014 and for 2015 and thereafter, respectively. EPA derived the State
NOX annual and ozone season budgets from the regional
budgets using State heat input data adjusted by fuel factors.
    The CAIR State SO2 budgets were derived by discounting
the tonnage of emissions authorized by annual allowance allocations
under the Acid Rain Program under title IV of the Clean Air Act. Under
CAIR, each allowance allocated in the Acid Rain Program for the years
in phase 1 of CAIR (2010 through 2014) authorizes 0.5 ton of
SO2 emissions in the CAIR trading program, and each Acid
Rain Program allowance allocated for the years in phase 2 of CAIR (2015
and thereafter) authorizes 0.35 ton of SO2 emissions in the
CAIR trading program.
    In today's action, EPA is approving Ohio's SIP revision that adopts
the budgets established for the State in CAIR. These annual emission
budgets are: For NOX annual emissions, 108,667 tons from
2009 through 2014, and 90,556 tons in 2015 and thereafter; for
NOX ozone season emissions, 45,664 tons from 2009 through
2014, and 39,945 tons in 2015 and thereafter; and, for SO2
annual emissions, 333,520 tons from 2009 through 2014, and 233,464 tons
in 2015 and thereafter. Additionally, the CAIR NOX ozone
season budget will be increased annually by 4,030 tons to account for
NOX SIP Call trading sources that are not EGUs under CAIR
but are included in the CAIR NOX Ozone Season Trading
Program. Ohio's SIP revision sets these budgets as the total amounts of
allowances available for allocation for each year under the EPA-
administered cap-and-trade programs.
    In North Carolina, 531 F.3d at 916-21, the Court determined, among
other things, that the State SO2 and NOX budgets
established in CAIR were arbitrary and capricious.\1\ However, as
discussed above, the Court also decided to remand CAIR but to leave the
rule in place in order to ``temporarily preserve the environmental
values covered by CAIR'' pending EPA's development and promulgation of
a replacement rule that remedies CAIR's flaws. North Carolina, 550 F.3d
at 1178. EPA had indicated to the Court that development and
promulgation of a replacement rule would take about two years. Reply in
Support of Petition for Rehearing or Rehearing en Banc at 5 (filed Nov.
17, 2008 in North Carolina v. EPA, Case No. 05-1224, DC Cir.). The
process at EPA of developing a proposal that will undergo notice and
comment and result in a final replacement rule is ongoing. In the
meantime, consistent with the Court's orders, EPA is implementing CAIR
by approving State SIP revisions that are consistent with CAIR (such as
the provisions setting State SO2 and NOX budgets
for the CAIR trading programs) in order to ``temporarily preserve'' the
environmental benefits achievable under the CAIR trading programs.
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    \1\ The Court also determined that the CAIR trading programs
were unlawful (id. at 921-23). For the same reasons that EPA is
approving the provisions of Ohio's SIP revision that use the
SO2 and NOX budgets set in CAIR, EPA is also
approving as discussed below, Ohio's SIP revision to the extent the
SIP revision adopts the CAIR trading programs, including the
provisions addressing applicability, allowance allocations, and use
of title IV allowances.
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C. CAIR Cap-and-Trade Programs

    The CAIR NOX annual and ozone season model trading rules
both largely mirror the structure of the NOX SIP Call model
trading rule in 40 CFR Part 96, subparts A through I. While the
provisions of the NOX annual and ozone season model rules
are similar, there are some differences. For example, the
NOX annual model rule (but not the NOX ozone
season model rule) provides for a CSP, which is discussed below and
under which allowances may be awarded for early reductions of
NOX annual emissions. As a further example, the
NOX ozone season model rule reflects the fact that the CAIR
NOX Ozone Season Trading Program replaces the NOX
SIP Call trading program after the 2008 ozone season and is coordinated
with the NOX SIP Call program. The NOX ozone
season model rule provides incentives for early emissions reductions by
allowing banked, pre-2009 NOX SIP Call allowances to be used
for compliance in the CAIR NOX ozone season trading program.
In addition, States have the option of continuing to meet their
NOX SIP Call requirements by participating in the CAIR
NOX ozone season trading program and including all their
NOX SIP Call trading sources in that program.
    The provisions of the CAIR SO2 model rule are also
similar to the provisions of the NOX annual and ozone season
model rules. However, since Clean Air Act title IV establishes an
ongoing Acid Rain cap-and-trade program for SO2 and not for
NOX, the model rule for SO2 must additionally be
coordinated with the Acid Rain program. The SO2 model rule
uses the title IV allowances for compliance, with each allowance
allocated for 2010-2014 authorizing only 0.50 ton of emissions and each
allowance allocated for 2015 and thereafter authorizing only 0.35 ton
of emissions. Banked title IV allowances allocated for years before
2010 can be used at any time in the CAIR SO2 cap-and-trade
program, with each such allowance authorizing 1 ton of emissions. Title
IV allowances are to be freely transferable among sources covered by
the Acid Rain Program and sources covered by the CAIR SO2
cap-and-trade program.
    EPA used the CAIR model trading rules as the basis for the trading
programs in the CAIR FIPs. The CAIR FIP trading rules are virtually
identical to the CAIR model trading rules, with

changes made to account for Federal rather than State implementation.
The CAIR model SO2, NOX annual, and
NOX ozone season trading rules and the respective CAIR FIP
trading rules are designed to work together as integrated
SO2, NOX annual, and NOX ozone season
trading programs.
    In the SIP revision EPA is approving, Ohio chooses to implement its
CAIR budgets by requiring EGUs to participate in EPA-administered cap-
and-trade programs for SO2, NOX annual, and
NOX ozone season emissions. Ohio has adopted State rules for
a ``full SIP'' revision that adopts, with certain allowed changes
discussed below, the CAIR model cap-and-trade rules for SO2,
NOX annual, and NOX ozone season emissions.
Finally, Ohio's rules provide that non-EGUs that were required to
participate in the NOX Budget Trading Program must
participate in the CAIR NOX Ozone Season Trading Program.

D. Applicability Provisions

    In general, the CAIR model trading rules apply to any stationary,
fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion
turbine serving at any time, since the later of November 15, 1990, or
the start-up of the unit's combustion chamber, a generator with
nameplate capacity of more than 25 megawatts producing electricity for
sale.
    States have the option of bringing in, for the CAIR NOX
ozone season program only, those units in the State's NOX
SIP Call trading program that are not EGUs as defined under CAIR. EPA
advises States exercising this option to add the applicability
provisions in the State's NOX SIP Call trading rule for non-
EGUs to the applicability provisions in 40 CFR 96.304 in order to
include in the CAIR NOX ozone season trading program all
units required to be in the State's NOX SIP Call trading
program that are not already included under 40 CFR 96.304. Under this
option, the CAIR NOX ozone season program must cover all
large industrial boilers and combustion turbines, as well as any small
EGUs (i.e. units serving a generator with a nameplate capacity of 25
megawatts or less) that the State currently requires to be in the
NOX SIP Call trading program. Ohio has chosen to expand the
applicability provisions of the CAIR NOX Ozone Season
Trading Program to include all non-EGUs that were subject to the
State's NOX SIP Call trading program.

E. NOX Allowance Allocations

    Under the NOX allowance allocation methodology in the
CAIR model trading rules and in the CAIR FIP, NOX annual and
ozone season allowances are allocated to units that have operated for
five years, based on heat input data from a three-year period that are
adjusted for fuel type by using fuel factors of 1.0 for coal, 0.6 for
oil, and 0.4 for other fuels. The CAIR model trading rules and the CAIR
FIP also provide a new unit set-aside from which units without five
years of operation are allocated allowances based on the units' prior
year emissions.
    States may establish in their SIP submissions a different
NOX allowance allocation methodology that will be used to
allocate allowances to sources in the States if certain requirements
are met concerning the timing of submission of units' allocations to
the Administrator for recordation and the total amount of allowances
allocated for each control period. In adopting alternative
NOX allowance allocation methodologies, States have
flexibility with regard to:
    1. The cost to recipients of the allowances, which may be
distributed for free or auctioned;
    2. The frequency of allocations;
    3. The basis for allocating allowances, which may be distributed,
for example, based on historical heat input or electric and thermal
output; and
    4. The use of allowance set-asides and, if used, their size.
    Consistent with the flexibility given to States in the CAIR rules,
Ohio has chosen to distribute NOX annual and NOX
ozone season allowances in a manner that differs in selected respects
from the distribution in the Part 96 model rule. First, as noted above,
the State's NOX ozone season allocation provisions have been
modified to bring the State's non-EGUs into the CAIR NOX
ozone season trading program. Second, while Ohio's NOX ozone
season program rules provide the same set aside for new sources as in
the Part 96 model rule (reflecting five percent of budgeted emissions
for 2009 to 2014 and three percent of budgeted emissions for 2015 and
thereafter), the State provides additional set asides of one percent of
budgeted emissions for energy efficiency and renewable energy projects
and one percent of budgeted emissions for innovative technology
projects. Ohio's rules also authorize Ohio EPA to increase the size of
these two set asides up to five percent of budgeted emissions in the
event that requests for these set asides significantly exceed the one
percent level, with provision that a correspondingly smaller number of
allowances would be issued in the primary allowance distribution so as
to allocate no more than the budgeted number of allowances. In the
February 1, 2008 notice, EPA asked Ohio to clarify these set aside
allocation provisions. EPA believes that this revision provides
sufficient clarification.
    As is done in EPA's model rule, Ohio's rules distribute allowances
according to each source's proportion of heat input of subject sources.
CAIR NOX ozone season allowances for non-EGUs are
distributed according to heat input from a separate allowance pool from
the pool for EGUs.

F. Allocation of NOX Allowances From Compliance Supplement Pool

    CAIR establishes a CSP to provide an incentive for early reductions
in NOX annual emissions. The CSP consists of 200,000 CAIR
NOX annual allowances of vintage 2009 for the entire CAIR
region, and a State's share of the CSP is based upon the projected
magnitude of the emission reductions required by CAIR in that State.
States may distribute CSP allowances, one allowance for each ton of
early reduction, to sources that make NOX reductions during
2007 or 2008 beyond what is required by any applicable State or Federal
emission limitation. States also may distribute CSP allowances based
upon a demonstration of need for an extension of the 2009 deadline for
implementing emission controls.
    The CAIR annual NOX model trading rule establishes
specific methodologies for allocations of CSP allowances. States may
choose an allowed, alternative CSP allocation methodology to be used to
allocate CSP allowances to sources in the States.
    Consistent with the flexibility given to States in CAIR, Ohio has
chosen to adopt a modified version of the provisions of the CAIR
NOX annual model trading rule concerning the allocation of
allowances from the CSP. EPA approved these provisions, as discussed in
EPA's earlier rulemaking. (See 73 FR 6038 (February 1, 2008).) In
brief, Ohio's CSP is comprised of 25,037 allowances. Unlike the model
rule, which allocates allowances in the amount that either (1) early
reductions occur, or (2) allowances are needed to avoid disruption of
electricity supply (provided the total does not exceed the State's
share of the CSP), Ohio's rule provides (1) an initial allocation
reflecting early reductions, limited to the source's proportionate
share of the CSP, with provision for (2) distribution of the remainder
of the CSP according to the distribution of additional early
reductions. Ohio's recent rulemaking did not significantly change these
provisions, but the revised rule does clarify that Ohio will submit CSP
allocations to the Administrator by

November 30, 2009, as EPA requested in its February 1, 2008, rulemaking
notice. The revised rule continues to satisfy EPA requirements.

G. Individual Opt-In Units

    The opt-in provisions of the CAIR SIP model trading rules allow
certain non-EGUs (i.e., boilers, combustion turbines, and other
stationary fossil-fuel-fired devices) that do not meet the
applicability criteria for a CAIR trading program to participate
voluntarily in (i.e., opt into) the CAIR trading program. A non-EGU may
opt into one or more of the CAIR trading programs. In order to qualify
to opt into a CAIR trading program, a unit must vent all emissions
through a stack and be able to meet monitoring, recordkeeping, and
recording requirements of 40 CFR part 75. The owners and operators
seeking to opt a unit into a CAIR trading program must apply for a CAIR
opt-in permit. If the unit is issued a CAIR opt-in permit, the unit
becomes a CAIR unit, is allocated allowances, and must meet the same
allowance-holding and emissions monitoring and reporting requirements
as other units subject to the CAIR trading program. The opt-in
provisions provide for two methodologies for allocating allowances for
opt-in units, one methodology that applies to opt-in units in general
and a second methodology that allocates allowances only to opt-in units
that the owners and operators intend to repower before January 1, 2015.
    States have several options concerning the opt-in provisions.
States may adopt the CAIR opt-in provisions entirely or may adopt them
but exclude one of the methodologies for allocating allowances. States
may also decline to adopt the opt-in provisions at all.
    Consistent with this flexibility, Ohio has chosen to allow non-EGUs
meeting certain requirements to participate in the CAIR NOX
annual trading program, the CAIR NOX ozone season trading
program, and the CAIR SO2 trading program. EPA approved
Ohio's earlier version of rules authorizing these opt-ins (see 73 FR
6038 (February 1, 2008)), and Ohio's revised rules make only minor
ministerial changes.

VII. Final Action

    EPA is approving Ohio's full CAIR SIP revision, which includes
rules submitted on July 15, 2009, and August 13, 2009. With these
rules, Ohio is providing for continued participation in the EPA-
administered CAIR cap-and-trade programs for SO2,
NOX annual, and NOX ozone season emissions. The
requested SIP revision meets the applicable requirements of CAIR, which
are set forth in 40 CFR 51.123(o) and (aa), with regard to
NOX annual and NOX ozone season emissions, and 40
CFR 51.124(o), with regard to SO2 emissions. In accordance
with 40 CFR 52.35 and 52.36, as an automatic consequence of the
approval of Ohio's full CAIR SIP revision, EPA is also amending the
Ohio plan to withdraw the CAIR FIPs for SO2, NOX
annual, and NOX ozone season emissions for Ohio sources.
    We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the State plan if relevant adverse
written comments are filed. This rule will be effective November 24,
2009 without further notice unless we receive relevant adverse written
comments by October 26, 2009. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. If we do not receive any comments, this action will be
effective November 24, 2009.

VIII. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.

    Dated: August 19, 2009.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart KK--Ohio

0
2. Section 52.35 is amended by:
0
a. In paragraph (d)(1), by removing ``[STATE NAME]'' and by adding
``Ohio'', in its place; and
0
b. In paragraph (d)(2), by removing ``[STATE NAME]'' and by adding,
``Ohio'', in its place.

0
3. Section 52.36 is amended in paragraph (c) by removing ``[STATE
NAME]'' and by adding, ``Ohio'', in its place.

0
4. Section 52.1870 is amended by revising paragraph (c)(140) to read as
follows:

Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *
    (140) On July 15, 2009, and August 13, 2009, Ohio submitted rules
addressing the requirements of the Clean Air Interstate Rule.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-109-01 ``CAIR NOX
annual, CAIR SO2 and CAIR NOX ozone season
trading programs definitions and general provisions.'', Rule 3745-109-
04 ``CAIR NOX allowance allocations.'', Rule 3745-109-07
``Monitoring and Reporting.'', Rule 3745-109-08 ``CAIR NOX
opt-in units.'', Rule 3745-109-11 ``CAIR SO2 allowance
tracking system.'', Rule 3745-109-12 ``CAIR SO2 allowance
transfers.'', Rule 3745-109-13 ``Monitoring and reporting.'', Rule
3745-109-14 ``CAIR SO2 opt-in units.'', Rule 3745-109-17
``CAIR NOX ozone season allowance allocations.'', Rule 3745-
109-18 ``CAIR NOX ozone season allowance tracking system.'',
Rule 3745-109-19 ``CAIR NOX ozone season allowance
transfers.'', Rule 3745-109-20 ``Monitoring and reporting.'', and Rule
3745-109-21 ``CAIR NOX ozone season opt-in units.'', adopted
on July 6, 2009, effective on July 16, 2009.
    (B) July 6, 2009, ``Director's Final Findings and Orders'', signed
by Chris Korleski, Director, Ohio Environmental Protection Agency.
    (C) Ohio Administrative Code Rule 3745-109-02 ``CAIR designated
representative for CAIR NOX sources.'', Rule 3745-109-03
``Permits.'', Rule 3745-109-05 ``CAIR NOX allowance tracking
system.'', Rule 3745-109-06 ``CAIR NOX allowance
transfers.'', Rule 3745-109-09 ``CAIR designated representative for
CAIR SO2 sources.'', Rule 3745-109-10 ``Permits.'', Rule
3745-109-15 ``CAIR designated representative for CAIR NOX
ozone season sources.'', and Rule 3745-109-16 ``Permits.'', adopted on
September 17, 2007, effective on September 27, 2007.
    (D) September 17, 2007, ``Director's Final Findings and Orders'',
signed by Chris Korleski, Director, Ohio Environmental Protection
Agency.

0
5. Section 52.1891 is removed.

0
6. Section 52.1892 is removed.

[FR Doc. E9-23254 Filed 9-24-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Notices]
[Pages 33800-33801]
[FR Doc No: 2021-13506]

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

SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-151, OMB Control No. 3235-0291]

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Rules 17Ad-6 and 17Ad-7

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
previously approved collection of information provided for in Rule
17Ad-6 (17 CFR 240.17Ad-6) and Rule 17Ad-7 (17 CFR 240.17Ad-7) under
the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) (``Exchange
Act'').
    Rule 17Ad-6 under the Exchange Act requires every registered
transfer agent to make and keep current records about a variety of
information, such as: (1) Specific operational data regarding the time
taken to perform transfer agent activities (to ensure compliance with
the minimum performance standards in Rule 17Ad-2 (17 CFR 240.17Ad-2));
(2) written inquiries and requests by shareholders and broker-dealers
and response time thereto; (3) resolutions, contracts, or other
supporting documents concerning the appointment or termination of the
transfer agent; (4) stop orders or notices of adverse claims to the
securities; and (5) all canceled registered securities certificates.
    Rule 17Ad-7 under the Exchange Act requires each registered
transfer agent to retain the records specified in Rule 17Ad-6 in an
easily accessible place for a period of six months to six years,
depending on the type of record or document. Rule 17Ad-7 also specifies
the manner in which records may be maintained using electronic,
microfilm, and microfiche storage methods.
    These recordkeeping requirements are designed to ensure that all
registered transfer agents are maintaining the records necessary for
transfer agents to monitor and keep control over their own performance
and for the Commission to adequately examine registered transfer agents
on an historical basis for compliance with applicable rules.
    The Commission estimates that approximately 359 registered transfer

agents will spend a total of 179,500 hours per year complying with
Rules 17Ad-6 and 17Ad-7 (500 hours per year per transfer agent).
    The retention period under Rule 17Ad-7 for the recordkeeping
requirements under Rule 17Ad-6 is six months to six years, depending on
the particular record or document. The recordkeeping and retention
requirements under Rules 17Ad-6 and 17Ad-7 are mandatory to assist the
Commission and other regulatory agencies with monitoring transfer
agents and ensuring compliance with the rules. These rules do not
involve the collection of confidential information.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    The public may view background documentation for this information
collection at the following website: www.reginfo.gov. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication of this notice
to (i) www.reginfo.gov/public/do/PRAMain and (ii) David Bottom,
Director/Chief Information Officer, Securities and Exchange Commission,
c/o Cynthia Roscoe, 100 F Street NE, Washington, DC 20549, or by
sending an email to<EMAIL_ADDRESS>
    Dated: June 21, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-13506 Filed 6-24-21; 8:45 am]
BILLING CODE 8011-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on November 30, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-96-1359

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  British Airways PLC						Date Filed:  November 10, 2004

Relief requested:  Exemption authority to engage in scheduled foreign
air transportation of persons, property, and mail between (1) points in
the United Kingdom and Las Vegas, Nevada, via Dallas/Fort Worth, Texas,
New York, New York, and Boston, Massachusetts; and (2) points in the
United Kingdom and Portland, Oregon, via Phoenix, Arizona, for a period
of two years.  British Airways will conduct these services pursuant to
its code-share arrangement with America West on flights operated by
America West or by its America West Express service partner Mesa
Airlines, Inc.

Applicant representatives: Don H. Hainbach & Erin M. Tallardy (202)
776-3970

DOT Analyst:  Shelita A. Smith—(202) 366-1226

Responsive pleadings:  None

DISPOSITION

Action: Approved							Action date:  November 30, 2004

Effective dates of authority granted:  November 30, 2004 – November 9,
2006

Basis for approval (bilateral agreement/reciprocity):  U.S.-U.K.
aviation agreement

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

X  Standard exemption conditions (attached)         X  Foreign air
carrier permit conditions (Order 96-9-35)

X  Statement of Authorization dated October 3, 2002, in Docket
OST-2001-9973, approving the America West/

British Airways code-share services, and conditions therein.

Special conditions/Partial grant/Denial basis/Remarks:

Action taken by:  Paul L. Gretch, Director

		   Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant is qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied

all requests in the referenced Docket.  We may amend, modify, or revoke
the authority granted in this Notice at any time without hearing at our
discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

 The authority we are awarding here effectively amends by adding to
authority we awarded British Airways by Notice of Action Taken,
November 9, 2004, in this docket.  We are making the present grant of
authority coextensive with the previous award.

05/2004


[Federal Register Volume 85, Number 162 (Thursday, August 20, 2020)]
[Notices]
[Pages 51546-51548]
[FR Doc No: 2020-18215]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0171]

Hours of Service of Drivers: Association of American Railroads
and American Short Line and Regional Railroad Association; Application
for Exemption

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

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

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

SUMMARY: FMCSA announces that it has received an application from the
Association of American Railroads and American Short Line and Regional
Railroad Association (the Associations) on behalf of themselves and
member railroads for an exemption from the following hours of service
(HOS) provisions: (1) Driving a property-carrying commercial motor
vehicle (CMV) without first taking 10 consecutive hours off duty, (2)
driving after the 14th hour after coming on duty, (3) driving more than
11 hours during the 14-hour period after coming on duty, (4) driving if
more than 8 hours have passed since the end of the last off-duty or
sleeper-berth period of at lest 30 minutes, and (5) driving after
accumulating 60 hours of on-duty time in 7 consecutive days (60-hour
rule), or 70 hours of on-duty time in 8 consecutive days (70-hour
rule). The exemption would enable railroad employees subject to the HOS
rules to respond to unplanned events that occur outside of or extend
beyond the employee's normal work hours. FMCSA requests public comment
on the Associations' application for exemption.

DATES: Comments must be received on or before September 21, 2020.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2020-0171 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200

New Jersey Avenue SE, West Building, Ground Floor, Room W12-140,
Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received without
change to www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. To be sure someone is there to help you,
please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting Docket
Operations. The on-line FDMS is available 24 hours each day, 365 days
each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone:<PHONE_NUMBER>; Email<EMAIL_ADDRESS>If
you have questions on viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2020-0171), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put
the docket number, ``FMCSA-2020-0171'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. FMCSA will consider all comments and material received
during the comment period.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain Federal Motor Carrier Safety Regulations. FMCSA
must publish a notice of each exemption request in the Federal Register
(49 CFR 381.315(a)). The Agency must provide the public an opportunity
to inspect the information relevant to the application, including any
safety analyses that have been conducted. The Agency must also provide
an opportunity for public comment on the request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period (up to 5
years) and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).

III. Background

    Under 49 CFR 395.3(a) a property carrying commercial motor vehicle
driver may not drive without first taking 10 consecutive hours off
duty. Additionally, the driver may only drive a total of 11 hours
during a period of 14 consecutive hours after coming on duty following
10 consecutive hours off duty. Section 395.3(a)(3)(ii) currently
prohibits driving if more than 8 hours have passed since the end of the
driver's last off-duty or sleeper-berth period of at least 30 minutes.
However, under the amended rule adopted on June 1, 2020 [85 FR 33396],
which becomes effective on September 29, 2020, driving is not permitted
if more than 8 hours of driving time have passed without at least a
consecutive 30-minute interruption in driving status. The 30-minute
break may be taken as off-duty, on-duty/not-driving, or sleeper-berth
time, or any combination thereof. Under 49 CFR 395.3(b) no motor
carrier shall permit or require a driver of a property-carrying
commercial motor vehicle to driver, nor shall any driver drive a
property-carrying commercial motor vehicle, regardless of the number of
motor carriers using the driver's services, for any period after having
been on duty 60 hours in any period of 7 consecutive days or having
been on duty 70 hours in any period of 8 consecutive days.
    On October 11, 2018, the Associations submitted a similar exemption
request (83 FR 64929.) The request was later withdrawn by the
Associations and a new request has been submitted. The Associations
contend that the HOS prohibitions on driving after a 14-hour period,
and after 60 or 70 hours on duty in a moving 7- or 8-day ``week''
inhibit a railroad's ability to respond expeditiously to certain types
of emergency situations. For this reason the Associations request that
a railroad employee responding to an unplanned event that affects
interstate commerce, service or the safety of railway operations,
including passenger rail operations, and that occurs outside of or
extends beyond the employee's normal shift, be exempt from the
provisions in 49 CFR part 395.3(a) and (b).
    A copy of the exemption application is available for review in the
docket for this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public
comment from all interested persons on the Associations' exemption
application. All comments received before the close of business on the
comment closing date indicated at the beginning of this notice will be
considered and will be available for examination in the docket at the
location listed under the Addresses section of this notice. Comments

received after the comment closing date will be filed in the public
docket and will be considered to the extent practicable. In addition to
late comments, FMCSA will also continue to file, in the public docket,
relevant information that becomes available after the comment closing
date. Interested persons should continue to examine the public docket
for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-18215 Filed 8-19-20; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 81, Number 7 (Tuesday, January 12, 2016)]
[Notices]
[Pages 1467-1468]
[FR Doc No: 2016-00417]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2015-77]

Petition for Exemption; Summary of Petition Received; PHI, Inc.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

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

DATES: Comments on this petition must identify the petition docket
number and must be received on or before February 1, 2016.

ADDRESSES: Send comments identified by docket number FAA-2015-7749
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200

New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Nia Daniels,<PHONE_NUMBER>), 800 Independence
Avenue SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on January 6, 2016.
Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2015-7749.
    Petitioner: PHI, Inc.
    Section(s) of 14 CFR Affected: 91.9(a).

    Description of Relief Sought: PHI, Inc. requests an exemption from
the requirements of 14 CFR 91.9(a), to the extent required to allow
PHI, Inc. to operate Sikorsky S-92A helicopters with limited exposure
to engine failures during takeoff and landing while carrying up to 19
passengers. This exemption request applies to operations inside and
outside the United States.

[FR Doc. 2016-00417 Filed 1-11-16; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 85 (Tuesday, May 3, 2011)]
[Proposed Rules]
[Page 24846]
[FR Doc No: 2011-10028]

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

40 CFR Part 52

[EPA-R05-OAR-2010-0946; FRL-9294-8]

Approval and Promulgation of Air Quality Implementation Plans;
Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve a revision to the Illinois State
Implementation Plan (SIP) for ozone. The State is revising its
definition of volatile organic compound (VOC) to add two chemical
compounds to the list of compounds that are exempt from being
considered a VOC. This revision is based on EPA's 2009 determination
that these two listed compounds do not significantly contribute to
ozone formation.

DATES: Comments must be received on or before June 2, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-0946, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Douglas Aburano, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Control Strategies
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Final Rules section of this Federal
Register, EPA is approving the State's SIP submittal as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this rule, no
further activity is contemplated. If EPA receives adverse comments, the
direct final rule will be withdrawn and all public comments received
will be addressed in a subsequent final rule based on this proposed
rule. EPA will not institute a second comment period. Any parties
interested in commenting on this action should do so at this time.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment. For
additional information, see the direct final rule which is located in
the Rules section of this Federal Register.

    Dated: April 4, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011-10028 Filed 5-2-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Notices]
[Pages 39784-39785]
[FR Doc No: 2017-17727]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER10-2137-018; ER10-2124-017; ER10-2125-018; ER10-
2127-016; ER10-2128-017; ER10-2130-017; ER10-2131-018; ER10-2132-017;
ER10-2133-018; ER10-2138-018; ER10-2139-018; ER10-2140-018; ER10-2141-
018; ER10-2764-017; ER11-3872-019; ER11-4044-018; ER11-4046-017; ER12-
164-016; ER14-2187-012; ER14-2798-010; ER14-2799-010; ER15-1041-007;
ER15-1873-007; ER15-2205-007
    Applicants: Beech Ridge Energy LLC, Beech Ridge Energy II LLC,
Beech Ridge Energy Storage LLC, Bishop Hill Energy III LLC, Buckeye
Wind Energy LLC, Forward Energy LLC, Grand Ridge Energy LLC, Grand
Ridge Energy II LLC, Grand Ridge Energy III LLC, Grand Ridge Energy IV
LLC, Grand Ridge Energy V LLC, Grand Ridge Energy Storage LLC, Gratiot
County Wind LLC, Gratiot County Wind II LLC, Invenergy TN LLC, Judith
Gap Energy LLC, Prairie Breeze Wind Energy II LLC, Prairie Breeze Wind
Energy III LLC, Sheldon Energy LLC, Spring Canyon Energy LLC, Stony
Creek Energy LLC, Vantage Wind Energy LLC, Willow Creek Energy LLC,
Wolverine Creek Energy LLC.
    Description: Notice of Change in Facts Under Market-Based Rate
Authority of Beech Ridge Energy LLC, et al.
    Filed Date: 8/16/17.
    Accession Number: 20170816-5110.
    Comments Due: 5 p.m. ET 9/6/17.

    Docket Numbers: ER11-4050-005.
    Applicants: Cogentrix of Alamosa, LLC.
    Description: Supplement to May 12, 2017 Notice of non-material
change in status of Cogentrix of Alamosa, LLC.
    Filed Date: 7/20/17.
    Accession Number: 20170720-5177.
    Comments Due: 5 p.m. ET 9/6/17.

    Docket Numbers: ER16-1456-000.
    Applicants: Talen Energy Marketing, LLC.
    Description: Report Filing: TEM Refund Report (ER16-1456) to be
effective N/A.
    Filed Date: 8/15/17.
    Accession Number: 20170815-5128.
    Comments Due: 5 p.m. ET 9/5/17.

    Docket Numbers: ER17-2042-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Tariff Amendment: 3340 Otter Tail Power Company NITSA
and NOA to be effective 6/1/2017.
    Filed Date: 8/16/17.
    Accession Number: 20170816-5051.
    Comments Due: 5 p.m. ET 9/6/17.

    Docket Numbers: ER17-2153-001.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. submits tariff filing per
35.17(a): Withdrawal of eTariff document to be effective N/A.
    Filed Date: 7/28/17.
    Accession Number: 20170728-5225.
    Comments Due: 5 p.m. ET 8/18/17.

    Docket Numbers: ER17-2312-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Tariff Revisions to Remove
Day-Ahead Limited Must Offer Requirement to be effective 10/16/2017.
    Filed Date: 8/15/17.
    Accession Number: 20170815-5138.
    Comments Due: 5 p.m. ET 9/5/17.

    Docket Numbers: ER17-2313-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2017-08-16_SA 2506 ITC-
Pheasant Run E&P (J075) Termination to be effective 8/17/2017.
    Filed Date: 8/16/17.
    Accession Number: 20170816-5002.
    Comments Due: 5 p.m. ET 9/6/17.

    Docket Numbers: ER17-2314-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2017-08-16_Termination of SA
2729_MidAmerican-RPM E&P (J343) to be effective 8/17/2017.
    Filed Date: 8/16/17.
    Accession Number: 20170816-5003.
    Comments Due: 5 p.m. ET 9/6/17.

    Docket Numbers: ER17-2315-000.
    Applicants: Portland General Electric Company.
    Description: Portland General Electric Company submits Average
System Cost Filing for Sales of Electric Power to the Bonneville Power
Administration, FY 2018-2019.
    Filed Date: 8/15/17.
    Accession Number: 20170815-5164.
    Comments Due: 5 p.m. ET 9/5/17.

    Docket Numbers: ER17-2316-000.
    Applicants: Indiana Michigan Power Company, PJM Interconnection,
L.L.C.
    Description: Sec.  205(d) Rate Filing: Indiana Michigan submits
Original CIAC, Service Agreement No. 4755, with NIPSCO to be effective
7/18/2017.
    Filed Date: 8/16/17.
    Accession Number: 20170816-5010.
    Comments Due: 5 p.m. ET 9/6/17.

    Docket Numbers: ER17-2317-000.
    Applicants: Mid-Atlantic Interstate Transmission, LLC, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: MAIT submits an ECSA,
Service Agreement No. 4711 with PPL Electric to be effective 10/15/
2017.
    Filed Date: 8/16/17.
    Accession Number: 20170816-5065.
    Comments Due: 5 p.m. ET 9/6/17.

    Docket Numbers: ER17-2318-000.
    Applicants: Cuyama Solar, LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authority to be effective 9/29/2017.
    Filed Date: 8/16/17.
    Accession Number: 20170816-5081.
    Comments Due: 5 p.m. ET 9/6/17.

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

    Docket Numbers: QF17-1330-000.
    Applicants: S2NRG LLC.
    Description: Form 556 of S2NRG LLC.
    Filed Date: 8/15/17.
    Accession Number: 20170815-5177.
    Comments Due: None Applicable.

    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 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: August 16, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-17727 Filed 8-21-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 7 (Monday, January 12, 2015)]
[Notices]
[Pages 1500-1501]
[FR Doc No: 2015-00254]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL15-33-000]

TDI USA Holdings Corp. v. New York Independent System Operator,
Inc.; Notice of Complaint

    Take notice that on December 16, 2014, pursuant to section 206 of
the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, 18 CFR 385.206 and sections 206 and 306 of the
Federal Power Act, 16 U.S.C. 824(e) and 825(e), TDI USA Holding Corp.
(Complainant) filed a formal complaint against the New York Independent
System Operator, Inc. (Respondent) alleging that certain tariff
provisions impose buyer-side mitigation on Complainant's Champlain
Hudson Power Express Project. Complainant asserts that such imposition
is unjust and unreasonable, as more fully explained in the complaint.
    The Complainant certifies that copies of the complaint were served
on the contacts for the Respondent as listed on the Commission's list
of Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to

intervene, and protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
``eSubscription'' link on the Web site that enables subscribers to
receive email notification when a document is added to a subscribed
docket(s). For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on January 15, 2015.

    Dated: December 19, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-00254 Filed 1-9-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 2, 2008 (Volume 73, Number 86)]
[Rules and Regulations]
[Page 24153-24155]
[DOCID:fr02my08-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28664; Directorate Identifier 2007-NM-007-AD;
Amendment 39-15492; AD 2008-09-11]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 777-200, -300, and -300ER
Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Boeing Model 777-200, -300, and -300ER series airplanes. This AD
requires a one-time inspection to determine the material of the forward
and aft gray water drain masts. For airplanes having composite gray
water drain masts, this AD also requires installation of a bonding
jumper between a ground and the clamp on the tube of the forward and
aft gray water composite drain masts. This AD results from a report of
charred insulation blankets and burned wires around the forward gray
water composite drain mast found during an inspection of the forward
cargo compartment on a Model 767-300F airplane. We are issuing this AD
to prevent a fire near a composite drain mast and possible disruption
of the electrical power system due to a lightning strike on a composite
drain mast, which could result in the loss of several functions
essential for safe flight.

DATES: This AD is effective June 6, 2008.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 6,
2008.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.

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 (telephone<PHONE_NUMBER>) is the 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: Nicholas Wilson, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
all Boeing Model 777-200, -200LR, -300, and -300ER series airplanes.
That NPRM was published in the Federal Register on July 10, 2007 (72 FR
37475). That NPRM proposed to require a one-time inspection to
determine the material of the forward and aft gray water drain masts.
For airplanes having composite gray water drain masts, that NPRM also
proposed to require installation of a bonding jumper between a ground
and the clamp on the tube of the forward and aft gray water composite
drain masts.

Comments

    We gave the public the opportunity to participate in developing
this AD. We have considered the single comment received.

Request To Remove Airplanes From the Applicability Statement of the
Proposed AD

    Boeing requests that we revise the applicability statement of the
NPRM to remove certain airplanes. Boeing states that Model 777
airplanes beginning with line number 525 have a ground bracket and
copper bonding jumper installed in production for the aft composite
gray water drain mast, and an aluminum drain mast installed in the
forward drain mast position. Additionally, Boeing points out that all
Model 777-200LR series airplanes produced prior to line number 525 have
a bonding jumper installed on the aft composite gray water drain mast
and an aluminum forward gray water drain mast. Therefore, Boeing
asserts that these airplanes should not be subject to this AD.
    We partially agree. For the reasons Boeing stated, we have
determined that these airplanes should not be subject to this AD.
However, we do not agree to revise the applicability statement of this
AD as suggested by Boeing. Instead, we have revised the applicability
statement of this final rule to state, ``This AD

applies to Boeing Model 777-200, -300, and -300ER series airplanes,
certificated in any category, as identified in Boeing Special Attention
Service Bulletin 777-30-0014, dated July 24, 2006.'' We have confirmed
that the effectivities of these service bulletins match the
applicability suggested by Boeing.

Explanation of Changes Made to This AD

    We have confirmed with the airplane manufacturer that the composite
and aluminum drain mast can be interchangeable. Therefore, we have
added a new paragraph (i), ``Parts Installation,'' to this final rule
to prohibit installation of a composite gray water drain mast, unless a
bonding jumper is also installed, as specified in paragraph (g) of this
AD. We have also re-identified subsequent paragraphs accordingly.

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously. We also determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.

Costs of Compliance

    There are about 164 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Average
                                        Work      labor                                                        Number of U.S.-
               Action                  hours    rate  per           Parts            Cost per  airplane     registered airplanes         Fleet cost
                                                   hour
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection to determine gray water           1        $80  None..................  $80...................  20....................  $1,600.
 drain mast material.
Installation of bonding jumper.....          4         80  Between $132 and $274,  Between $452 and $594.  Up to 20..............  Between $9,040 and
                                                            depending on kit and                                                    $11,880.
                                                            number of kits needed
                                                            (1 or 2).
--------------------------------------------------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979), 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.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2008-09-11 Boeing: Amendment 39-15492. Docket No. FAA-2007-28664;
Directorate Identifier 2007-NM-007-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective June 6, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 777-200, -300, and -300ER
series airplanes, certificated in any category, as identified in
Boeing Special Attention Service Bulletin 777-30-0014, dated July
24, 2006.

Unsafe Condition

    (d) This AD results from a report of charred insulation blankets
and burned wires around the forward gray water composite drain mast
found during an inspection of the forward cargo compartment on a
Model 767-300F airplane. We are issuing this AD to prevent a fire
near a composite drain mast and possible disruption of the
electrical power system due to a lightning strike on a composite
drain mast, which could result in the loss of several functions
essential for safe flight.

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.

Inspection To Determine Material of Gray Water Drain Mast

    (f) Within 60 months after the effective date of this AD,
inspect the forward and aft gray water drain masts to determine
whether the drain mast is made of aluminum or composite material. A
review of airplane maintenance records is acceptable in lieu of this
inspection if the material of the forward and aft gray water drain
masts can be conclusively determined from that review.
    (1) For any aluminum gray water drain mast identified during the
inspection or records check required by paragraph (f) of this AD, no
further action is required by this AD for that drain mast only.
    (2) For any composite gray water drain mast identified during
the inspection or records check required by paragraph (f) of this
AD, do the actions specified in paragraph (g) of this AD.

Installation of Bonding Jumper

    (g) For any composite gray water drain mast identified during
the inspection or records check required by paragraph (f) of this
AD: Within 60 months after the effective date of this AD, install a
bonding jumper between a ground and the clamp on the tube of the
gray water composite drain mast, in accordance with the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 777-30-0014, dated July 24, 2006.

Installation of Bonding Jumper Not Necessary for Aluminum Drain Masts

    (h) For airplanes on which the forward composite drain mast has
been replaced with an aluminum drain mast per Boeing Service
Bulletin 777-38-0026: Installation of the bonding jumper specified
in paragraph (g) of this AD is not required for the forward gray
water drain mast, as specified in Part 1 of the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 777-30-
0014, dated July 24, 2006.

Parts Installation

    (i) As of the effective date of this AD, no person may install,
on any airplane, a composite gray water drain mast, unless a bonding
jumper is also installed, as specified in paragraph (g) of this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Seattle Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

Material Incorporated by Reference

    (k) You must use Boeing Special Attention Service Bulletin 777-
30-0014, dated July 24, 2006, to do the actions required by this AD,
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington
98124-2207.
    (3) You may review copies of the service information
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>, or
go to: http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.

    Issued in Renton, Washington, on April 17, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-9113 Filed 5-1-08; 8:45 am]

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