[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Proposed Rules]
[Pages 42607-42609]
[FR Doc No: 2011-18136]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0719; Directorate Identifier 2010-NM-087-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 767-200, -300,
and -400ER Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive
(AD) that applies to the products listed above. The existing AD
currently requires replacing the separation link assembly on the
applicable entry and service doors with an improved separation link
assembly, and doing related investigative and corrective actions if
necessary. Since we issued that AD, we have received a report that an
additional airplane is subject to the unsafe condition. This proposed
AD would add that airplane to the applicability and also remove certain
other airplanes from the applicability. We are proposing this AD to
prevent failure of an entry or service door to open fully in the event
of an emergency evacuation, which could impede exit from the airplane.
This condition could result in injury to passengers or crewmembers.

DATES: We must receive comments on this proposed AD by September 2,
2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, Washington 98124-2207; telephone<PHONE_NUMBER>,
extension 1, fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>Internet
https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Stephen Styskal, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-
mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0719;
Directorate Identifier 2010-NM-087-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On January 22, 2009, we issued AD 2009-04-12, Amendment 39-15818
(74 FR 8717, February 26, 2009), for certain Model 767-200, -300, and -
400ER series airplanes. That AD requires replacing the separation link
assembly on the applicable entry and service doors with an improved
separation link assembly, and doing related investigative and
corrective actions if necessary. That AD resulted from reports that
entry and service doors did not open fully during deployment of
emergency escape slides, and additional reports of missing snap rings.
We issued that AD to prevent failure of an entry or service door to
open fully in the event of an emergency evacuation, which could impede
exit from the airplane. This condition could result in injury to
passengers or crewmembers.

Actions Since Existing AD Was Issued

    Since we issued AD 2009-04-12, we have received a report indicating
that an additional airplane is subject to the unsafe condition. In
addition, four airplanes were converted to freighter configurations
without the affected slides, and, therefore, are no longer subject to
the unsafe condition.

Relevant Service Information

    We reviewed Boeing Special Attention Service Bulletin 767-25-0428,
Revision 3, dated October 21, 2010. This service bulletin describes the
same procedures that are described in Boeing Special Attention Service
Bulletin 767-25-0428, Revision 1, dated May 8, 2008 (which was
referenced in AD 2009-04-12 as the appropriate source of service
information). Revision 3 of Boeing Special Attention Service Bulletin
767-25-0428 adds a step to the entry/service door bustle installation
process, and contains information on airplanes identified in the
revised Effectivity section and a changed part number for a cap screw.
    Boeing Special Attention Service Bulletin 767-25-0428, Revision 2,
dated February 4, 2010, included an additional airplane in the
Effectivity section and removed four airplanes from the Effectivity
section.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain all the requirements of AD 2009-04-12
using the revised service information described previously. This
proposed AD would add an airplane to the

applicability and also remove certain other airplanes from the
applicability.

Change to Existing AD

    This proposed AD would retain all requirements of AD 2009-04-12.
Since AD 2009-04-12 was issued, the AD format has been revised, and
certain paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this proposed AD, as listed in
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                      Corresponding  requirement in this
    Requirement in AD 2009-04-12                 proposed AD
------------------------------------------------------------------------
             paragraph (f)                        paragraph (g)
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Costs of Compliance

    We estimate that this proposed AD affects 355 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on  U.S.
             Action                    Labor cost            Parts cost      Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Replacement (retained actions    Up to 7 work-hours x    Up to $10,671....  Up to $11,266....  Up to $3,999,430.
 from existing AD).               $85 per hour = $595.
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Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by removing airworthiness directive
(AD) 2009-04-12, Amendment 39-15818 (74 FR 8717, February 26, 2009),
and adding the following new AD:

The Boeing Company: Docket No. FAA-2010-0719; Directorate Identifier
2010-NM-087-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by September
2, 2011.

Affected ADs

    (b) This AD supersedes AD 2009-04-12, Amendment 39-15818.

Applicability

    (c) This AD applies to The Boeing Company Model 767-200, -300,
and -400ER series airplanes, certificated in any category, as
identified in Boeing Special Attention Service Bulletin 767-25-0428,
Revision 3, dated October 21, 2010.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport
Association (ATA) of America Code 25: Equipment/Furnishings.

Unsafe Condition

    (e) This AD was prompted by reports that entry and service doors
did not open fully during deployment of emergency escape slides, and
additional reports of missing snap rings. We are issuing this AD to
prevent failure of an entry or service door to open fully in the
event of an emergency evacuation, which could impede exit from the
airplane. This condition could result in injury to passengers or
crewmembers.

Compliance

    (f) Comply with this AD within the compliance times specified,
unless already done.
    Restatement of Requirements of AD 2009-04-12, with Revised
Service Information and Additional Airplane:

Replacement

    (g) At the applicable time specified in paragraphs (g)(1) and
(g)(2) of this AD, replace the separation link assembly on the
deployment bar of the emergency escape system on all the applicable
entry and service doors with an improved separation link assembly;
and do all the applicable related investigative and corrective
actions before further flight; by accomplishing all of the
applicable actions specified in the Accomplishment Instructions of
any service bulletin identified in table 1 of this AD. After April
2, 2009 (the effective date of AD 2009-04-12), only Boeing Special
Attention Service Bulletin 767-25-0428, Revision 1 or Revision 3 may
be used to accomplish the requirements of AD 2009-04-12. After the
effective date of this AD, only Revision 3 may be used.

                                          Table 1--Service Information
----------------------------------------------------------------------------------------------------------------
     Boeing special attention Service
                Bulletin--                          Revision--                           Dated--
----------------------------------------------------------------------------------------------------------------
767-25-0428..............................  Original....................  August 23, 2007.
767-25-0428..............................  1...........................  May 8, 2008.
767-25-0428..............................  3...........................  October 21, 2010.
----------------------------------------------------------------------------------------------------------------

    (1) For airplanes other than those having variable number VN
137: Within 48 months after April 2, 2009.
    (2) For the airplane having variable number VN 137: Within 48
months after the effective date of this AD.

Credit for Actions Accomplished in Accordance With Previous Service
Information

    (h) Actions done before the effective date of this AD in
accordance with Boeing Special Attention Service Bulletin 767-25-
0428, Revision 2, dated February 4, 2010, are acceptable for
compliance with the corresponding requirements of this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be e-mailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) AMOCs approved for AD 2009-04-12 are approved as AMOCs for
the corresponding provisions of this AD.

Related Information

    (j) For more information about this AD, contact Stephen Styskal,
Aerospace Engineer, Cabin Safety and Environmental Systems Branch,
ANM-150S, FAA, Seattle Aircraft Certification Office, 1601 Lind
Avenue, SW., Renton, Washington 98057-3356; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>    (k) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on July 8, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-18136 Filed 7-18-11; 8:45 am]
BILLING CODE 4910-13-P


 e UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

BEFORE THE ENVIRONMENTAL APPEALS BOARD IN THE MATTER OF:

NEXTEL Communications, Inc., et. al. 200 1 Edmond Halley Dr. Reston, Virginia 20191 NII Holdings, Inc 10700 Parkridge Blvd. Suite 600 Reston, Virginia 20191 Respondents 1 1 1 ) ) ) 1 ) Docket No. EPCRA HQ 2002 6001 Docket No. CWA HQ 2002 6001 Docket No. CAA HQ 2002 600 1 Docket No. RCRA HQ 2002 600 1 CONSENT AGREEMENT I. Preliminary Statement A. Complainant, the United States Environmental Protection Agency ( EPA), and Nextel Communications, Inc., its subsidiaries listed in Attachment A, ( collectively   Nextel) and NII Holdings, Inc., collectively referred to as   Respondents , having consented to the terms of this Consent Agreement ( Agreement), and before the taking of any testimony and without the adjudicationof issues of law or fact herein, agree to comply with the terns of this Agreement and attached proposed Final Order hereby incorporatedby reference.

B. On August 10,2001, pursuant to EPA s Policy on Incentives for Self Policing( Audit Policy), 65 Fed. Reg. 19,618 ( April 11,2000), Respondents submitted an initial voluntary disclosure to EPA regarding potential violations of:

1. Emergency Planning and Community Right to Know Act ( EPCRA) $$ 302 303, > 42 U. S. C. $ 9 11002 11003;

2 EPCRA 0 311,42U. S. C. 6 11021;

3. EPCRA 0 312,42 U. S. C. $ 11022;

4. Clean Water Act ( CWA) $ 311( j)( l)( C); 33 U. S. C. 0 1321U)( l)( C);

= AL..= A. v  , uL  s sT=... .

5. Clean Air Act ( CAA), 0 110,42 U. S. C. 6 7410, and the requiremmts adptFjkasi, gyt  7 .. %.

aof State Implementation Plans ( SIPS); I i j   DEc 13 2002 6. Resource Conservation and Recovery Act ( RCRA) $ 9 9002 900313 ! 1 42 U. S. C. § $ 6991a 6991b; and 4 7. RCRA 3002,42 U. S. C. 6922.

C. Respondents continued to submit additional and periodic disclosures for the above statutes. Such disclosures have resulted in a final list of disclosed violations found in Attachment B, hereby incorporated by reference, which are the subject of this Agreement.

11. Jurisdiction A. The parties agree to the commencement and conclusion of this cause of action by issuance of this Agreement, as prescribed by EPA s Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, 40 C. F. R. Part 22.

B. Respondents agree that Complainant has the jurisdiction to bring an administrative action, based upon the facts which Respondents disclosed, for these violations and for the assessment of civil penalties pursuant to EPCRA 6 325,42 U. S. C. $ 11045; CWA 311, 33 U. S. C. $ 1321; CAA 113,42 U. S. C. 7413; RCRA 0 3008,42 U. S. C. $ 6928; and RCRA 9 9006,42 U. S. C. $ 6991e.

C. Respondents hereby waive their right to request a judicial or administrative hearing on any issue of law or fact set forth in the Agreement and their right to appeal the proposed Final Order accompanying this Agreement.

D. For purposes of this proceeding, Respondents admit that EPA has jurisdiction over the subject matter which is the basis of this Agreement.

E. Respondents neither admit nor deny the statements of fact or conclusions of law as set forth in this Agreement.

F. This Agreement serves as the Notice of Violation required by § 113( a)( l) of the CAA, 42 U. S. C. 7413( a)( l). Complainant will also notify the appropriate States by providing a copy of this Agreement, in accordance with CAA 113( a)( l).

G. Respondents have been afforded the opportunity to confer with EPA asprovided for by CAA § 113( a)( 4), 42 U. S. C. § 7413( a)( 4). I

H. Complainant has provided notice of this action and a copy of this Agreement to the affected States, in accordance with CWA 309,33 U. S. C. 1319, and RCRA 3008( a)( 2), 42 U. S. C. 6928( a)( 2).

111. Statements of Fact A. Respondents, Nextel Communications, Inc., its subsidiaries, and NII Holdings, Inc., are telecommunications companies incorporated in the States noted on Attachment A.

2 B. Pursuant to the EPA s Audit Policy, Respondents hereby certify and warrant as true the facts referenced in this Section, and EPA accepts Respondents  certification. In addition, with respect to CAA tj 110,42, U. S. C. 4 7410, and the requirements adopted as part of the SIPs for the various States, Air Districts or Counties with jurisdiction over the violations found in Attachment B, Respondents have certified that they have applied for permits, andor taken all actions needed to comply with such requirements, but for some facilities are awaiting final determination on such actions by each respective State, Air District or County. EPA believes that, for the purposes of this Agreement, Respondents have taken all necessary steps to obtain such permits and/ or actions required, and upon approval by each State, Air District or County will be in compliance with the CAA requirements, as more fully described in Attachment B. As such, Respondents specifically certify to the following facts upon which this Agreement is based:

.1. the violations were discovered through an audit or through a compliance management system reflecting due diligence in preventing, detecting and correcting violations;

2. the violations were discovered voluntarily;

3. the initial violations were disclosed to EPA within 2 1 days of discovery, and in writing; subsequent disclosures were dso prompt and in writing;

4. the violations were disclosed prior to commencement of an agency inspection or investigation, notice of a citizen suit, filing of a complaint by a third party, reporting of the violations by a   whistle blower  employee, or imminent discovery by a regulatory agency;

5. the violations have been corrected and the Respondents are, to the best of their knowledge and belief, in full compliance with EPCRA § $ 302 303, $ 9 3 11 312, 42 U. S. C. $ 5 11002 1 1003, $ 0 11021 11022; CWA $ 31I( i)( l)( C), 33 U. S. C. 0 13210)( 1)( C); CAA 9 110,42 U. S. C. 9 7410 and the requirementsadopted as part of the SIPS; RCRA 3 3002,42 U. S. C: 9 6922; and RCRA $ 9 9002 9003,42 U. S. C. $ 9 699 1a 6991b, and the implementing regulations with respect to the violations set forth in this Agreement;

._ p 6. appropriate steps have been taken to prevent a recurrence of the violations;

7. Respondents have no knowledge that violations other than those covered in this Agreement ( or closely related violations), have occurred within the past three years at the same facilities; nor are the specific violations that are the subject of this Agreement part of a pattern of violations by Respondents which have occurred over the past five years;

8. the violations have not resulted in serious actual harm nor presented an imminent and substantial endangerment to human health or the environment and they did not 3 violate the specific terms of any judicial or administrative Final Order or Agreement; and 9. Respondents have cooperated as requested by the EPA.

IV. Conclusionsof Law EPCRA A. For purposes of this Agreement, Respondentsare   persons  as defined in EPCRA tj 329( 7), 42 U. S. C. tj 11049( 7), and are the owner or operator of   facilities  asdefined in EPCRA tj 329( 4), 42 U. S. C. 6 11049( 4).

B. Section 302( c) of EPCRA, 42 U. S. C. 0 11002( c), and the regulations found at 40 C. F. R. Part 355, require owners and operators of facilities at which an extremely hazardous substance is present, at or above stated designated threshold planning quantities ( TPQs), as defined in 40 C. F. R. Part 355, to notify the State Emergency Response Commission( SERC) that such facility is subject to the requirements of $ 302( c).

C. Section 303( d) of EPCRA, 42 U. S. C. 5 11003( d), and the regulations found at 40 C. F. R. Part 355, require owners and operators of facilities at which an extremely hazardous substance is present, at or above stated designatedTPQs, to notify the Local Emergency Planning Committee ( LEPC) of the facility representative who will participate in the emergency planning process as a facility emergency coordinator.

D. Section 31l( a) of EPCRA, 42 U. S. C. 5 11021( a), and the regulations found at 40 C. F. R. Part 370, require the owner or operator of a facility, which is required to prepare or have available a material safety data sheet ( MSDS) for a hazardous chemical under the Occupational Safety and Health Act of 1979,29 U. S. C. A. 6 651 et. seq., ( OSH Act) and regulations promulgated under the Act, and has substancespresent in excess of certain stated designated threshold quantities, as defined in Section G below, to submit the MSDS, or in the alternative, a list of chemicals to the LEPC, the SERC, and to the fire departmentwith jurisdiction over the facility by October 17, 1987, or within three months of first becoming subject to the 6 311 requirements.

Ef Section 312( a) of EPCRA, 42 U. S. C. tj 11022( a), adthe regulations found at 40 C. F. R. Part 370, require the owner or operator of a facility which is required to have an MSDS for a hazardous chemical under the OSH Act of 1979,29 U. S. C. A. 6 65 1 et. seq., and regulations promulgated under the OSH Act, and has substancespresent in excess of certain stated designated threshold quantities, as defined in Section G below, to prepare and submit an emergency and hazardous chemical inventory form ( Tier I or Tier I1 as described in 40 C. F. R. Part 370) containing the informationrequired by those sections to the LEPC, SERC, and to the fire department with jurisdiction over the facility by March 1, 1988, ( or March 1 of the first year after the facility first becomes subject to the tj 312 requirements), and annually thereafter.

4 F. Diesel fuel, heptaflouropropane and ethylene glycol are   hazardous chemicals , and sulfuric acid is an   extremely hazardous  substance, as defined under 9 312 of EPCRA and 40 C. F. R. 9 370.2.

G. As set forth in 40 C. F. R. 9 370.20, the threshold amount for reporting pursuant to Sections 31l( a) and 3 12( a) of EPCRA for   hazardous chemicals  present at a facility at any one time during the preceding calendar year is ten thousand ( 10,000) pounds. The reporting threshold under Sections 31l( a) and 312( a) of EPCRA, therefore, for diesel fuel, heptaflouropropane and ethylene glycol, is ten thousand ( 10,000) pounds. For   extremely hazardous  substances present at the facility, the threshold amount for reporting pursuant to Sections 3 1l( a) and 312( a) of EPCRA is five hundred ( 500) pounds or the TPQ, whichever is lower. The TPQ for sulfuric acid is one thousand ( 1,000) pounds. The reporting threshold for sulfuric acid, therefore, is five hundred ( 500) pounds.

H. The information supplied by the Respondents in their self disclosure indicated that for varying lengths of time during calendar years 1997 2002, Respondents had the hazardous chemicals, diesel fuel, heptaflouropropane and ethylene glycol, and/ or an extremely hazardous substance, sulfuric acid, in excess of the threshold amounts, present at its facilities listed in Attachment B.

I. For purposes of this Agreement, Complainant hereby states and alleges that, based on the information supplied by Respondents to EPA, Respondents have violated the following requirements :

1. EPCRA 9 302( c), 42 U. S. C. 9 11002( c), and the regulations found at 40 C. F. R. Part 355 when they failed to notify the SERC at seventy two ( 72) facilities, identified in Attachment B;

2. EPCRA 6 303( d), 42 U. S. C. 9 11003( d), and the regulations found at 40 C. F. R. Part 355 when they failed to notify the LEPC of the identity of the emergency coordinator who would participate in the emergency planning process at seventy two ( 72) facilities, identified in Attachment B;

.> 3. EPCRA 9 31l( a), 42 U. S. C. 0 11021( a) and the regulations found at 40 C. F. R. Part 370, when they failed to submit an MSDS for Kh iizkdous chemical( s) or, in the alternative, a list of such chemicals, for seventy five ( 75) facilities, to the LEPC, SERC, and the fire department with jurisdiction over these facilities, identified in Attachment B;

4. EPCRA 9 312( a), 42 U. S. C. 9 11022( a) and the regulations found at 40 C. F. R. Part 370 at sixty six ( 66) facilities, by failing to prepare and submit emergency and chemical inventory forms to the LEPC, the SERC and the fire department with jurisdiction over each facility, identified in Attachment B.

5 CWA A. For purposes of this Agreement, Respondents are   persons  within the meaning of CWA Q 31 l( a)( 7), 33 U. S. C. 5 1321( a)( 7), and 40C. F. R. 5 112.2, and are the   owners or operators , as defined by CWA Q 3 1l( a)( 6), 33 U. S. C. 9 1321( a)( 6), and 40C. F. R. 5 112.2, of the forty eight ( 48) facilities, described more fully in Attachment B.

B. The regulations at 40C. F. R. 0 112.3 through Cj 112.7, which implement $ 3 11( i)( 1)( C) of the CWA, 33 U. S. C. 5 13210)( 1)( C), set forth procedures, methods and requirementsto prevent the discharge of oil from non transportation relatedfacilities into or upon the navigable waters of the United States and adjoining shorelines in such quantities that by regulation have been determined may be harmhl to the public health or welfare or environment of the United States by owners or operators who are engaged in drilling, producing, gathering, storing, processing, refining, transferring, distributing or consuming oil or oil products.

C. 40 C. F. R. $ 112.3( a) requires owners and operators of onshore and offshore facilities that have discharged or due to their location, could reasonably be expected to discharge oil in harmful quantities into or upon the navigable waters of the United States or adjoining shorelines, to prepare a Spill Prevention Control and Countermeasure ( SPCC) Plan.

D. Respondents are engaged in storing or consuming oil or oil products for backup generators located at the forty eight ( 48) facilities, described in Attachment B, in quantities that   may be harmful,  as defined by 40 C. F. R. $ 110.3.

E. Forty eight ( 48) of Respondents  facilities, described in Attachment B, are   onshore facilities  within the meaning of CWA 5 31l( a)( lO), 33 U. S. C. 5 1321( a)( 10) and 40 C. F. R. 9 112.2, which, due to their location, could reasonably be expected to discharge oil into   navigable waters  of the United States, as defined by CWA 9 502(?), 33 U. S. C. 6 1362( 7), and 40 C. F. R. 3 110.1, or its adjoining shoreline, that may either ( 1) violate applicablewater quality standards or ( 2) cause a film or sheen or discolorationof the surface of the water or adjoining shorelines or cause a sludge or emulsionto be depositedbeneath the surface of the water or upon adjoining shorelines.

F. Based on the above, and pursuant to 3 31lQ)( l)( C) and its implementingregulations,  Respondentsare subject to the requirements of 40C. F. R. 8 1 12.3through Q 112.7, at the forty eight ( 48) facilities listed in Attachment B, hereby incorporated by reference.

G. For purposes of this Agreement, Complainanthereby states and alleges that, based on the information supplied by Respondentsto EPA, Respondents have violated the CWA at forty eight ( 48) facilities identified in Attachment B, by failing to prepare and/ or implement an SPCC Plan, as required by CWA $ 31 l( j)( l)( C), 33 U. S. C. 1321( i)( l)( C), and the regulations found at 40 C. F. R. 0 112.3 through Q 112.7.

6 A. For purposes of this Agreement, Respondents are   persons  within the meaning of CAA, $ 302( e), 42 U. S. C. 6 7602( e) and operate   stationary source  withinthe meaning of 9 302( z), 42 U. S. C. 6 7602( z).

B. Section 1 lO( a)( l) of the CAA, 42 U. S. C. 9 7410( a)( l), requires a State to submit an implementation plan, commonly known as a state implementation plan ( SIP) to implement, maintain and enforce ambient air quality standards.

C. The following States, in which Respondents  facilities are located, submitted SIPS, which were approved by EPA under 5 110 of the CAA, 42 U. S. C. 6 7410, on the following dates:

i. Maricopa County Environmental Services Department, Air Quality Division: 37 Fed. Reg. 15,080 ( July 27, 1972)

ii. South Coast Air Quality Management District: 43 Fed. Reg. 52,237 ( Nov. 9, 1978)

iii. San Joaquin Valley Air Pollution Control District: 64 Fed. Reg. 39,920 ( July 23,1999)

iv. Kansas: 60 Fed. Reg. 36,361 ( July 17, 1995)

v. New Jersey: 37 Fed. Reg. 10,880 ( May 3 1,1972), 5 1 Fed. Reg. 42,565 ( Nov. 25, 1986)

vi. Pennsylvania: 38 Fed. Reg. 32,893 ( Nov. 28,1973), as amended at 45 Fed. Reg. 33,627 ( May 20, 1980); 51 Fed. Reg. 18,840 ( May 20, 1986); 53 Fed. Reg. 3 1,330 ( Aug. 18, 1988); 59 Fed. Reg. 30,304 ( June 13, 1994); 60 Fed. Reg. 47,085 ( Sept. 11,1995); 6 1 Fed. Reg. 16,062 ( April 11,1996); 63 Fed. Reg. 13,794 ( March 23,1998); 63 Fed. Reg. 23,673 ( April 30,1998)

D. For purposes of this Agreement, Complainant hereby states and alleges that, based on the 2 information supplied by Respondents to EPA, Respondents have violated a SIP requirement at eight ( 8) facilities. The requirements and the facilities are listed in Attachment B, hereby incorporated by reference.

RCRA  HAZARDOUS WASTE A. Respondents are   persons  within the meaning of RCR4 9 1004( 15), 42 U. S. C. 0 6903( 15), and are the   operators  of the facility designated as VA 8 in Attachment B, within the meaning of 9 Virginia Administrative Code ( VAC) 20 60 260( A), [ 40 C. F. R. $ 260.101. Respondents are also   generators  of hazardous waste at VA 8, within the meaning of 9 VAC 20 60 260( A), [ 40 C. F. R. 9 260. lo]. Because Respondents generate less than one hundred 7 kilograms of hazardous waste in a month at VA 8, Respondents qualify as a conditionally exempt small quantity generator and are therefore subject to the requirements of 9 VAC 20 60261 A), [ 40 C. F. R. $ 261.51.

B. Section 3006 of RCRA, 42 U. S. C. § 6926, provides that States may be authorized to issue and enforce permits for the storage, treatment and disposal of hazardous waste, and to administer EPA authorized hazardous waste programs within their State. Virginia, where VA 8 is located, has been authorized to administer its own hazardous waste programs. Virginia has incorporated by reference the federal requirements found at 40 C. F. R. Part 260 through 270 at 9 VAC 20 60 260 through 270.

C. Pursuant to RCRA 6 3006( g), 42 U. S. C. 6926( g), and f3 3008( a) and ( g), 42 U. S. C. 3 6928( a) and ( g), EPA may enforce the federally approved state hazardous waste programs, as well as the federal regulations promulgated pursuant to the Hazardous and Solid Waste Amendments.

D. In order for a conditionally exempt small quantity generator ( CESQG) to be exempt fiom full regulation, they must comply with 9 VAC 20 60 261( A), [ 40 C. F. R. Q 261.5( g)] which lists three requirements. First, the CESQG must comply with9 VAC 20 60 262( A), [ 40 C. F. R. tj 262.1 13 and make a hazardous waste determination. Second, the waste may only accumulate for a specified time period. Finally, the waste must be treated on site or delivered to an off site treatment, storage or disposal facility as defined by 9 VAC 20 60 26 1( A), [ 40 C. F. R. $ 261S( g)( 3)( i)( vii)].

E. Respondents deactivated six squibs, a small explosive placed in airplane fire extinguishers, in a single event in 1998. The squibs were generated at VA 8. Squibs are regulated as a hazardous waste. since they are a reactive waste defined by 9 VAC 20 60 26 1( A) [ 40 C. F. R. 6 261.23( a)( 6)].

F. Based on information provided by Respondents, Respondents violated 9 VAC 20 60 261( A), [ 40 C. F. R. 0 261.5( g)( 1)] when they failed to makea hazardous waste determination on the squibs and 9 VAC 20 60 261( A), [ 40 C. F. R. 261.5( g)( 3)] when they improperly disposed of the squibs by detonating them.

RCRA  FINANCIAL ASSURANCE A

A. For purposes of this agreement, Respondents are   persons  within the meaning of RCRA $ 9001( 6), 42 U. S. C. $ 6991( 6), and 40 C. F. R. $ 280.12.

B. For purposes of this agreement, Respondents are the   operators,  as defined in RCRA 0 9001( 4), 42 U. S. C. 6991( 4), 40 C. F. R. 6 280.12, of four   underground storage tank  ( UST) systems, as defined in RCRA 6 9001( 1), 42 U. S. C. $ 6991( 1), 40 C. F. R. 0 280.12, and 30 Texas Administrative Code ( TAC) 5 334.2, identified in Attachment B.

8 .

C. Pursuant to RCRA $ 9 9002 9003,42 U. S. C. $ 9 6991a  6991b, EPA, and the State of Texas promulgated rules pertaining to owners and operators of UST Systems, set forth at 40 C. F. R. Part 280 and 30 TAC $ 9 334 and 37.

D. Section 9003( d) of RCRA, 42 U. S. C. 9 6991b( d) requires owners or operators of UST systems to obtain UST insurance policies that must be worded according to the format set forth in 40 C. F. R. 3 280.97 and 30 TAC $ 37.801.

E. For purposes of this Agreement, Complainant hereby states and alleges that, based on the information supplied by Respondents to EPA, Respondents have violated RCRA $ 9003( d), 42 U. S. C. 0 6991b( d), 40 C. F. R. $ 280.97 and 30 TAC $ 9 334 and 37.801, when the insurance policy failed to use the terms   corrective action  or   sudden, non sudden or accidental release  to describe coverage for the four ( 4) facilities listed in Attachment B.

RCRA  UST ( Philadelphia)

A. For purposes of this agreement, Respondents are   persons  within the meaning of RCRA 5 9001( 6), 42 U. S. C. § 6991( 6), and 40 C. F. R. 9 280.12.

B. For purposes of this agreement, Respondents are the   owners , as defined in RCRA 5 9001( 3), 42 U. S. C. 5 6991( 3), 40 C. F. R. 5 280.12, of one   underground storage tank  ( UST) system, as defined in RCRA 9 9001( 1), 42 U. S. C. 6 6991( 1), 40 C. F. R. tj 280.12, at their Philadelphia facility, identified in Attachment B.

C. Pursuant to RCRA $ 8 9002 9003,42 U. S. C. $ 9 6991a  6991b, EPA promulgated rules pertaining to owners and operators of UST systems, set forth at 40 C. F. R. Part280.

D. Section 9003 of RCRA, 42 U. S. C. 96991b and 40 C. F. R. Part 280 set forth all relevant regulations for owners or operators of UST systems including release detection, prevention, and financial assurance.

E. Respondents had a storage tank at the Philadelphia facility that was determined to be an UST because it was surrounded by an earthen material, Le., sand.

T. Pursuant to RCRA $ 9002( a), 42 U. S. C. $ 6991a( a), the owner of an UST shall notify the State or local agency or department designated pursuant to 5 9002( b)( 1) of the existence of such tank by May 8,1986. Pursuant to 40 C. F. R. $ 280.22( a) any owner who brings an UST system into use after May 8, 1996, must within 30 days of bringing such tank into use, submit a notice of existence of such tank system to the state or local agency or department designated to receive such notice.

G. For purposes of this Agreement, Complainant hereby states and alleges that, based on the information supplied by Respondents to EPA, Respondents have violated the following requirements:

9 1. RCRA 0 9002( a)( l), 42 U. S. C. 0 6991( a)( 1), and the regulations found at 40 C. F. R. 9 280.22( a) when they failed to notify the state at one ( 1) facility, identified in Attachment B.

2. RCRA 0 9003,42 U. S. C. 0 6991b, and all of the relevant UST regulations found at 40 C. F. R. tj 280 for the one ( 1) facility identified in Attachment B;

V. Civil Penaltv A. EPA agrees, based upon the facts and information submitted by Respondents and upon Respondents certification herein to the veracity of this information, that Respondents have satisfied all of the conditions set forth in the Audit Policy and thereby qualifies for a 100% reduction of the gravity component of the civil penalty. Complainant alleges that the gravity component of the civil penalty is $ 1,553,747. Of that penalty, $ 1,160,622 is attributableto EPCRA violations; $ 220,000 is attributableto CAA violations; $ 137,500 is attributable to CWA violations; and $ 35,625 is attributable to RCRA violations. EPA alleges that this gravity component is assessable against Respondents for the violations that are the basis of this Agreement.

B. Under the Audit Policy, EPA has discretion to assess a penalty equivalent to the economic benefit Respondents gained as a result of their noncompliance. Based on information provided by Respondents and use of the Economic Benefit ( BEN) computer model, EPA has determined that Respondents obtained an economic benefit of $ 35,004 as a result of their noncompliance in this matter. Of this amount, $ 7,581 is attributable to the EPCRA violations; $ 1,136 is attributable to the CAA violations; $ 21,458 is attributable to CWA violations; and $ 4,829 is attributable to the RCRA violations. Accordingly, the civil penalty agreed upon by the parties for settlement purposes is $ 35,004.

VI. Terms of Settlement A. Respondents agree to pay THIRTY FIVE THOUSAND AND FOUR DOLLARS ($ 35,004), in satisfaction of the civil penalty.

B. For payment of the civil penalties related to EPCRA, CAA, and RCRA, Respondents  .& all send, within thirty ( 30) days of issuance of the Final Order; a cashier s check or certified check in the amount of THIRTEEN THOUSAND, FIVE HUNDRED AND FORTY SIX DOLLARS ($ 13,546), made payable to the   Treasurer of the United States of America,  to the following address:

United States Environment Protection Agency Hearing Clerk P. O. Box 360277M Pittsburgh, PA 15251 10 The check should indicate that it is for In re: Nextel Communications, Inc., et. al. and NII Holdings, Inc., Docket No. EPCRA HQ 2002 6001, CAA HQ 2002L6001, and RCRA HQ2002 6001.

Alternatively, Respondents shall pay THIRTEEN THOUSAND, FIVE HUNDRED AND FORTY SIX DOLLARS ($ 13,546) by wire transfer with a notation of   Nextel Communications, Inc., et. al, and NII Holdings, Inc., Docket No. EPCRA HQ 2002 6001, CAA HQ 2002 600 1, and RCRA HQ 2002 600 1  by using the following instructions:

Name of Beneficiary: EPA Number of Account for deposit: 68010099 The Bank Holding Account: Treas NYC The ABA routing Number: 021030004 C. In payment of the civil penalty related to CWA, Respondents shall, withinthirty( 30) days of issuance of the Final Order, forward a cashier s or certified check, in the amount of TWENTY ONE THOUSAND AND FOUR HUNDRED AND FIFTY EIGHT DOLLARS, ($ 21, 458), made payable to the   Oil Spill Liability Trust Fund,  to:

Commander, National Pollution Funds Center United States Coast Guard Ballston Common Office Building Suite 1000 4200 Wilson Boulevard Arlington, VA 22203 The check should indicate that it is for In re: Nextel Communications, Inc., et. al.. and NII Holdings. Inc., Docket No. CWA HQ 2002 6001.

Alternatively, Respondents shall pay TWENTY ONE THOUSAND AND FOUR HUNDRED AND FIFTY EIGHT DOLLARS, ($ 21,458) by wire transfer with a notation of   Nextel Communications, Inc., et. al., and NII Holdings, Inc., Docket No. CWA HQ 2002 6001  by using the following instructions:

 >

Bank s ABA Number: 02103U004 Treas NYC Coast Guard BeneficiaryNumber: 69025102 Type/ Subtype Code: 10 00 D. Respondents shall forward copies of these checks or evidence of wire transfer to EPA, within five ( 5) days of payment, to the attention of:

11  Elizabeth Cavalier Multimedia Enforcement Division ( 2248 A) Office of Enforcement and Compliance Assurance U. S. Environmental Protection Agency 1200 PennsylvaniaAve, N. W. Ariel Rios Building, Room 3119A Washington, DC 20460 and Clerk, EnvironmentalAppeals Board U. S. EnvironmentalProtection Agency MC 1103B 1200 PennsylvaniaAve., NW Washington, DC 20460 E. Respondents  obligations under this Agreement shall end when they have paid the civil penalties as required by this Agreement and the Final Order, and in accordance with Section VI@) and ( C), and complied with its obligations under SectionVI( D) of this Agreement.

F. For the purposes of state and federal income taxation, Respondents shall not be entitled, and agree not to attempt, to claim a deduction for any civil penalty payment made pursuant to the Final Order. Any attempt by Respondentsto deduct any such payments shall co&& ute a violation of the Agreement.

G. Pursuant to 31 U. S. C. $ j3717, EPA is entitled to assess interest and penalties on debts owed to the United States and a charge to cover the cost of processing and handling a delinquent claim. Interest will therefore begin to accrue on the civil penalty fkom the date of entry of the Final Order, if the penalty is not paid by the date required. Interest will be assessed at the rate of the United States Treasury tax and loan rate in accordancewith 40 C. F. R. 9 13.11. A charge will be assessed to cover the costs of debt collection, including processing and handling costs and attorney fees. In addition, a penalty charge of twelve ( 12) percent per year compounded annually will be assessed on any portion of the debt that remains delinquent more than ninety ( 9.0) days after payment is due.

VII. Public Notice A. The parties acknowledgethat the settlementportions of this Agreement which pertain to the CWA violations are, pursuant to CWA 9 31 1( 6)( C)( i), 33 U. S. C. 9 1321( 6)( C)( i), subject to public notice and comment requirements. Furthermore, the parties acknowledgeand agree that at that time, EPA will also provide an opportunityto comment on the EPCRA, CAA, and RCRA portions of this Agreement. Should EPA receive comments regarding the issuance of the Final Order assessing the civil penalty agreed to in Paragraph VI( A), EPA shall forward all such comments to Respondents within ten ( 10) days of the receipt of the public comments. 12 B. As part of this Agreement, and in satisfactionof the requirements of the Audit Policy, Respondents have certified to certain material facts. The parties agree that should EPA receive, through public comments or in any way, informationthat proves or demonstrates that these material facts are other than as certified by Respondents, the portion of this Agreement pertaining to the affected facility or facilities, includingmitigation of the proposed penalty, may be voided, or this entire agreement may be declared null and void at EPA s election prior to the issuance of the Final Order, and EPA may proceed with an enforcement action.

C. The parties agree that the Respondents preserve all of their rights should this Agreement be voided in whole or in part. The parties further agree that Respondents  obligations under this Agreement will cease should this Agreement be rejected by the EnvironmentalAppeals Board.

VIII. Reservation of Rights and Settlement A. This Agreement and the Final Order, when issued by the EAB, and upon payment by Respondents of civil penalties in accordance with Section VI, shall resolve only the civil claims specified in Attachment B and shall constitute a final and complete settlement of all federal civil and administrative claims bd causes of action arising from the violations specified in Attachment B, and the facts alleged in Section IV. Nothing in this Agreement and the Final Order shall be construed to limit the authority of EPA and/ or the United States to undertake any action against Respondents, in response to any condition which EPA or the United States determines may present an imminent and substantialendangerment to the public health, welfare, or the environment. Furthermore, issuance of the Final Order does not constitute a waiver by EPA and/ or the United States of its right to bring an enforcement action, either civil or criminal, against Respondents for any other violation of any federal or state statute, regulation or permit.

IX. Other Matters A. Each party shall bear its own costs and attorney fees in this matter.

B. The provisions of this Agreement and the Final Order, when issued by the EAB, shall apply to and be binding on the Complainant, and the Respondents, as well as Respondents  afficers, agents, successors and assigns. Any change in omership or corporate status of the Respondents including, but not limited to, any transfer of assets or real or personal property shall not alter Respondents  responsibilities under this Agreement, including the obligation to pay the civil penalty referred to in Paragraph V@).

C. Nothing in this Agreement shall relieve Respondents of the duty to comply with all applicableprovisions of the EPCRA, CAA, CWA, and RCRA or other federal state or local laws or statutes, nor shall it restrict EPA s authority to seek compliance with any applicable laws, nor shall it be construed to be a ruling on, or a determinationof, any issue related to any federal, state or local permit.

13 D. Except as provided in Section VII( C), Respondents waive any rights they may have to contest the allegations contained herein and its right to appeal the proposed Final Order accompanying this Agreement by reference.

E. Although EPA is not requiring submission of inventory forms for previous reporting cycles, i. e., before reporting year 2000, in order to settle thismatter, Respondents agree to contact, if they has not already done so, the SERC, or the equivalent entity delegated the authority specified in EPCRA $ 301,42 U. S. C. $ 11001, for each State in which a facility is alleged to be in violation to determine whether submission of previous years of EPCRA $ 3 12 inventory forms is required. This Agreement does not preclude or limit any state action regarding filing fees which may be owed or any other state action regarding Respondents  obligations under state law.

F. The undersigned representatives of each party to this Agreement certify that each is duly authorized by the party whom he represents to enter into these terms and bind that party to it.

FOR Respondents ( Except NII Holdings, Inc.):

L. 23,  LOoL Senior Vice President and General Counsel Nextel Communications, Inc., et. a1 FOR Respondents NII Holdings, Inc.: \

Vice Prdent and General Counsel NII Holdings, Inc. FOR Complainant:

Dat Acting Director Mulitmedia Enforcement US. Environmental Protection Agency 14  BEFORE THE ENVIRONMENTAL APPEALS BOARD UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C.

IN THE MATTER OF:

NEXTEL Communications, Inc., et. a1 2001 Edmond Halley Dr. Reston, Virginia 20 191 NII Holdings, Inc. 10700 Parkridge Blvd Suite 600 Reston, Virginia 20191 Respondents 1 1 1 ) 1 ) ) 1 ) 1 FINAL ORDER Docket No. EPCRA HQ 2002 6001 Docket No. CWA HQ 2002 6001 Docket No. CAA HQ 2002 6001 Docket No. RCRA HQ 2002 6001 Whereas Complainant, the United States Environmental Protection Agency, and Respondents, Nextel Communications, Inc., its subsidiaries and NII Holdings, Inc., identified in the Consent Agreement, the Parties herein, represented by counsel, have consented to the entry of this Final Order, and agree to comply with the Consent Agreement signed by the parties and incorporated herein; and Whereas EPA caused a Notice for Public Comment on the proposed issuance of this Final Order to be published in the Federal Register on 2002, asrequired by the Clean Water . s.

Act 5 3 11( b)( 6), 33 U. S. C. tj 1321( b)( 6), the public notice and comment period required has closed, and no comments have been received;

The Consent Agreement is hereby approved and incorporated by reference into this Final Order. The Respondents are hereby ordered to comply with the terms of the Consent Agreement, effective immediately. SO ORDERED.

By: Date: Environmental Appeals Judge Environmental Appeals Board US EPA L ATTACHMENT A NEXTEL Subsidiarieswhich are parties to this agreement:

Nextel Finance Company 2001 Edmund Halley Drive Reston, Virginia 20191 Nextel Operatiom, Inc. 2001 Edmund Halley Drive Reston, Virginia 20191 Nextel Systems Corp. 2001 Edmund Halley Drive Reston, Virginia 20191 Domestic USF Corp. 2001 Edmund Halley Drive Reston, V i20191 Nextel Aviation, Inc. 2001 Edmund Halley Drive Reston, Vi@ 20191 NII Holdings, Inc. 10700 parkridge Blvd. Suite600 Reston, Virginia 20191 Nextel West Corp. 27755 Stansbury Blvd. FarmingtOn Hills, Michigan 48334 Nextel South Corp. 851 Trafalgar Court, Suite 300 E Maitland, Florida 32751 Nextel of California, Inc. 1255 Treat Blvd., Suite 800 Walnut Creek, California 945%

' IIJgtelCommunicationsof the Mid Atlantic, Inc. 4340 East WestHighway, Suite 800 Bethesda, Maryland 20814 Nextel of New York, Inc. 565 Taxter Road Elmsford, New York 10523 Nextel of Texas, lnc. Franklin Plaze 111 Congress Avenue, 7"' Floor Austin. Texas 78701 Stateof Incorporation Delaware Delaware Delaware Delaware Delaware Delaware Delaware Georgia Delaware Delaware Delaware Texas A:\ amch a 2 from Irn. doc gxg W 0 R ; D a D D < W 08; F N' N.

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: I  4 m


[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Notices]
[Pages 15210-15211]
[FR Doc No: 2019-07402]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP19-1109-000.
    Applicants: GenOn Wholesale Generation, LP, Entergy Mississippi,
LLC.
    Description: Joint Petition for Limited Waivers of Capacity Release
Regulations and Policies, et al. of GenOn Wholesale Generation, LP, et
al. under RP19-1109.
    Filed Date: 4/3/19.
    Accession Number: 20190403-5112.
    Comments Due: 5 p.m. ET 4/15/19.

    Docket Numbers: RP19-1073-001.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Tariff Amendment: Amendment to Docket No. RP19-1073-
000 to be effective 4/1/2019.
    Filed Date: 4/5/19.
    Accession Number: 20190405-5177.
    Comments Due: 5 p.m. ET 4/17/19.

    Docket Numbers: RP19-1105-001.
    Applicants: Texas Gas Transmission, LLC.
    Description: Tariff Amendment: Amendment to Docket No. RP19-1105-
000 to be effective 4/1/2019.
    Filed Date: 4/8/19.
    Accession Number: 20190408-5031.
    Comments Due: 5 p.m. ET 4/22/19.

    Docket Numbers: RP19-1112-000.
    Applicants: NEXUS Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--April 2019
Cleanup Filing to be effective 5/8/2019.
    Filed Date: 4/8/19.
    Accession Number: 20190408-5003.
    Comments Due: 5 p.m. ET 4/22/19.

    Docket Numbers: RP19-1113-000.
    Applicants: Guardian Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: Update Non-Conforming and
Negotiated Rate Agreements--April 2019 to be effective 4/8/2019.
    Filed Date: 4/8/19
    Accession Number: 20190408-5016.
    Comments Due: 5 p.m. ET 4/22/19.

    Docket Numbers: RP19-1114-000.
    Applicants: Midwestern Gas Transmission Company.
    Description: Sec.  4(d) Rate Filing: Update Negotiated Rate
Agreements--April 2019 to be effective 4/8/2019.
    Filed Date: 4/8/19.
    Accession Number: 20190408-5017.
    Comments Due: 5 p.m. ET 4/22/19.

    Docket Numbers: RP19-1115-000.
    Applicants: ANR Pipeline Company.
    Description: Compliance filing Request for Waiver--Gulf Coast
Project.
    Filed Date: 4/8/19.
    Accession Number: 20190408-5185.
    Comments Due: 5 p.m. ET 4/22/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified 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: April 9, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-07402 Filed 4-12-19; 8:45 am]
 BILLING CODE 6717-01-P