[Federal Register Volume 80, Number 21 (Monday, February 2, 2015)]
[Rules and Regulations]
[Page 5457]
[FR Doc No: 2015-01826]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0003]

Drawbridge Operation Regulation; Bonfouca Bayou, Slidell, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
regulation governing the operation of the State Route 433 (SR433)
Bridge across Bonfouca Bayou, mile 7.0, at Slidell, St. Tammany Parish,
Louisiana. This deviation provides for the bridge to remain closed to
navigation for five and a half consecutive hours in the morning and
four and a half hours in the afternoon with an opening in the middle to
pass vessels. There will be a two-hour notice to pass vessels in the
evenings and a four-hour notice to pass vessels on weekends. This
deviation will last for 33 consecutive days. The purpose of the closure
is to conduct scheduled maintenance and repairs to the drawbridge.

DATES: This deviation is effective from 6:30 a.m. on February 2, 2015
through 5:30 p.m. on March 6, 2015.

ADDRESSES: The docket for this deviation, [USCG-2015-0003] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this rulemaking. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Jim Wetherington, Bridge
Administration Branch, Coast Guard, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Cheryl F. Collins, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Louisiana Department of Transportation
and Development (LDOTD) requested a temporary deviation from the normal
operation of the drawbridge at 33 CFR 117.433 in order to perform
scheduled maintenance and rehabilitation. This is necessary for the
continued operation of the bridge. This deviation allows the draw of
the SR433 Bridge across Bonfouca Bayou, mile 7.0, to remain closed to
navigation for five and a half consecutive hours in the morning and
four and a half hours in the afternoon with an opening in the middle to
pass vessels. This deviation is effective from 6:30 a.m. to noon and
then again from 1 p.m. through 5:30 p.m. daily from February 2 through
March 6, 2015. There will be two-hour notice required in the evenings
and a four-hour notice all day on the weekends.
    Broadcast Notice to Mariners will be used to update mariners of any
changes in this deviation.
    The bridge has a vertical clearance of 8 feet above high water in
the closed-to-navigation position and unlimited clearance above high
water in the open-to-navigation position. There is 125 feet fender to
fender horizontal clearance. Navigation on the waterway consists of
tugs with tows, commercial fishing vessels and mainly recreational
craft. There is no alternate route.
    CEC (the contractor for the maintenance and rehab) and the Coast
Guard have coordinated the closure with waterway users, industry, and
other Coast Guard units. This date and this schedule were chosen to
minimize the significant effects on vessel traffic.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: January 27, 2015.
David M. Frank,
Bridge Administrator, Eighth District.
[FR Doc. 2015-01826 Filed 1-30-15; 8:45 am]
BILLING CODE 9110-04-P


                    PROPOSED AMENDMENTS TO THE RULES OF THE
                        DEPARTMENT OF NATURAL RESOURCES
                       ENVIRONMENTAL PROTECTION DIVISION
                   RELATING TO AIR QUALITY, CHAPTER 391-3-1

The Rules of the Department of Natural Resources, Chapter 391-3-1, Air Quality Control are hereby amended, added to, repealed in part, revised, as hereinafter explicitly set forth in the attached amendments, additions, partial repeals, and revisions for specific rules, or such subdivisions thereof as may be indicated.

[Note:  Underlined text is proposed to be added.]

Rule (zz), "Gasoline Dispensing Facilities -- Stage II", is amended to read as follows:

(zz)  Gasoline Dispensing Facilities--Stage II.

1.  After January 1, 1993, no person may construct or reconstruct a gasoline dispensing facility unless the gasoline dispensing facility is equipped and operating with a vapor recovery system to recover the displacement vapors from the vehicle's gasoline storage tank.

2.  The requirements of this subsection shall not apply to facilities used exclusively for the fueling of implements of husbandry or individual dispensers used exclusively for the initial fueling and/or re-fueling of vehicles equipped with onboard refueling vapor recovery (ORVR) equipment.  Furthermore, the gasoline volume dispensed into vehicles equipped with ORVR shall not be considered in any determination of applicability of this subsection.

3.  For the purpose of this subsection, the following definitions shall apply:

(i)  "Approved Stage II vapor recovery system" means a Stage II vapor recovery system that has demonstrated 95 percent by weight or greater VOC control efficiency by:

(I)  Stage II gasoline vapor recovery system properly certified under the CARB vapor recovery certification procedures effective on or before March 31, 2001, or a Stage II gasoline vapor recovery system properly certified under the CARB enhanced vapor recovery certification procedures effective April 1, 2001; mixing of equipment components certified under separate certification procedures may be allowed when supported by manufacturer or independent third-party certification that the configuration meets or exceeds the applicable performance standards and has received prior written approval from the Division; or

(II)  Tested and approved by the Department using appropriate CARB test procedures and methods; or equivalent test procedures and methods approved by the Environmental Protection Division and EPA, and conducted by the Division or by a third party approved by the Division.

(ii)  "Average monthly throughput rate" means the average of the gallons pumped monthly for the most recent two year period of operation excluding any inactive period.  If a facility has not been in operation for two years or does not have access to records for the most recent two years of operation, the Division shall determine the length of time to determine the average of the gallons pumped monthly.

(iii)  "CARB" means the California Air Resources Board, Sacramento, CA  96812.

(iv)  "Division" means the Environmental Protection Division of the Georgia Department of Natural Resources.

(v)  "Fill Cap" means a cap that fits over the stationary gasoline storage tank riser which contains the submerged fill pipe and that is used to prevent contaminants from entering the tank and as a secondary measure to prevent the release of gasoline vapors.

(vi)  "Gasoline" means a petroleum distillate having a Reid vapor pressure of 4.0 psia or greater.

(vii)  "Gasoline Dispensing Facility" means any site where gasoline is dispensed to motor vehicle gasoline tanks from stationary storage tanks.

(viii)  "Independent small business marketer of gasoline" means an owner engaged in the marketing of gasoline who receives more than 50 percent of his annual income from refining or marketing of gasoline, unless such a person:

(I)  Is a refiner; or

(II)  Controls, is controlled by, or is under   common control with, a refiner; or

(III)  Is otherwise directly or indirectly affiliated with a refiner or with a person who controls, is controlled by, or is under common control with a refiner, unless the sole affiliation referred to herein is by means of a supply contract or an agreement or contract to use a trademark, trade name, service mark, or other identifying symbol or name owned by such refiner or any such person.

(ix)  "Operator" means any person who operates a facility utilizing gasoline dispensing equipment and receives income from sale of gasoline at such facility.

(x)  "Owner" means the person who owns the gasoline dispensing equipment which transfers gasoline from a stationary gasoline storage tank, which shall include but not be limited to the gasoline dispensers, hoses, nozzles, breakaways, and vapor piping.

(xi)  "Reconstruction" means the replacement of any stationary gasoline storage tank and/or the replacement of all gasoline dispensers.

(xii)  "Refiner" means a person engaged in producing gasoline, kerosene, distillate fuel oils, lubricants, or other products through distillation of petroleum or through the redistillation, cracking, or reforming of unfinished petroleum derivatives, and whose total refinery capacity (including the refinery capacity of any person who controls, is controlled by, or is under common control with, such refiner) is 65,000 barrels per day or greater.

(xiii)  "Stage II controls" means a gasoline vapor recovery system which recovers vapors during the refueling of motor vehicles.

(xiv)  "Vapor cap" means the cap that fits over the stationary gasoline storage tank riser which carries vapors from the storage tank to the delivery vessels during the transfer of gasoline in two-point Stage I vapor recovery systems and that is used to prevent contaminants from entering the storage tank and as a secondary measure to prevent the loss of gasoline vapors.

4.  Once a gasoline dispensing facility becomes subject to this rule, it will continue to be subject even if the gasoline throughput rate falls below the applicability threshold until the facility decommissions its approved Stage II vapor recovery system as specified under paragraph 21. of this subsection.

5.  After the compliance date specified in paragraph 7. of this subsection, no person may transfer or cause or allow the transfer of gasoline from stationary storage tanks at gasoline dispensing facilities subject to regulation under 391-3-1-.02(2)(zz) to any vehicle gasoline tank unless the gasoline dispensing facility is equipped with an approved vapor recovery system to recover the displaced vapors from the vehicle's gasoline tank.  Beginning on May 1, 2014, gasoline dispensing facilities subject to regulation under 391-3-1-.02(2)(zz) may decommission its approved Stage II vapor recovery system as specified under paragraph 21. of this subsection.  Once a facility has decommissioned its Stage II vapor recovery system, it is no longer required to recover the displaced vapors from vehicle gasoline tanks.

6.  The requirements contained in this subsection shall apply to all gasoline dispensing facilities located in the counties of Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale.

7.  The compliance date for existing gasoline dispensing facilities required to install Stage II controls shall be as follows:

(i)  Facilities which began construction or reconstruction after November 15, 1990, must comply by no later than May 15, 1993.

(ii)  Facilities constructed before November 15,1990, which are not owned by independent small business marketers and which have an average monthly throughput rate of 100,000 gallons or more of gasoline per month, must comply by no later than November 15, 1993.

(iii)  Facilities constructed before November 15, 1990, which are not owned by independent small business marketers and which have an average monthly throughput rate between 10,000 and 100,000 gallons of gasoline per month, must comply by no later than November 15, 1994.

(iv)  Multiple facilities owned by a single independent small business marketer and which have an average monthly throughput rate of more than 50,000 gallons of gasoline per month, the following schedule applies:

(I)  no less than 33 percent of such facilities must comply by no later than November 15, 1993.

(II)  no less than 66 percent of such facilities must comply by no later than November 15, 1994.

(III)  all or 100 percent of such facilities must comply by no later than November 15, 1995.

(v)  A single facility owned by a single independent small business marketer of gasoline and which has an average monthly volume throughput rate of more than 50,000 gallons of gasoline per month, must comply no later than November 15, 1994.

8.  The following facilities are exempted from Stage II requirements:

(i)  All gasoline dispensing facilities that dispense no more than 10,000 gallons of gasoline per month.

(ii)  Any gasoline dispensing facility constructed or reconstructed prior to November 15, 1995 that dispenses up to and including 50,000 gallons and less per month and is owned by an independent small business marketer of gasoline.

(iii)  Any new gasoline dispensing facility or gasoline dispensing facility having undergone reconstruction that commenced or recommenced dispensing of gasoline to motor vehicles after December 31, 2011.

9.  Stage II vapor recovery systems at each gasoline dispensing facility shall be certified as being properly installed and properly functioning.  Certification, compliance testing, and recertification, and decommissioning shall be made by a trained, qualified technician who has a thorough knowledge of the system.  Tests shall be conducted in accordance with test procedures as approved by the Division.  The fill cap and vapor cap must be removed when performing any test to determine vapor tightness for a vapor recovery system for certification, compliance testing, and recertification, or decommissioning purposes.

10.  Testing may be conducted by the Division or by an installation or testing company that meets the minimum criteria established by the Division for conducting such tests.  In the case where a party other than the Division will be conducting the initially required certification testing, compliance testing, and recertification, or decommissioning testing, the owner or operator shall notify the Division at least five days in advance as to when the testing will occur and what party will conduct the testing.

11.  Compliance reporting and recertification testing of the vapor recovery system shall be required according to the following schedule:

(i)  Compliance reporting shall be required within twelve months of the original certification test and annually thereafter.  This report shall be submitted to the Division and shall include results of either:

(I)  a vapor tightness test and other functional test(s) as required by the Division; or

(II)  a procedure or procedures equivalent to (I) as approved by the Division.

(ii)  Recertification will be required every five years or upon major system modification or replacement. This recertification shall include a leak check test and other functional tests that are required by the Division.  A major system modification is considered to be replacing, repairing or upgrading 75 percent or more of a facility's Stage II vapor recovery system.  The percent measure is based on the cost of a total system replacement at the time of replacement, repair or upgrading.

12.  Facilities equipped with Stage II vapor controls shall be subject to annual compliance inspections and functional testing by the Environmental Protection Division personnel which include but are not limited to the following:

(i)  Verification that all equipment is present and maintains a certified system configuration and is in proper working order.

(ii)  Inspection of all Stage II related files to ensure that the facility has complied with maintenance requirements and other record keeping requirements such as inspection, compliance and volume reports.

(iii)  Observation of the use of equipment by facility operators and the public. These inspections shall include dispensing units, processors and handling units and any other systems-related equipment such as Stage I equipment.

(iv)  A functional test of the required shut off or flow prohibiting mechanisms.

(v)  A Dynamic Back pressure test (DBT); if applicable to the system.

(vi)  Other compliance tests as deemed necessary by the Division.

(vii)  Verification that the facility has complied with the Leak Test (LT) and the Liquid Blockage Test (LBT) requirements.

(viii)  Inspection for labels, signs and/or other public information.

13.  Each owner or operator shall ensure that at least one facility representative receives training and instruction in the operation and maintenance of the specific Stage II vapor recovery system in use at the facility.  Such training shall be provided by the qualified instructor on the specific Stage II equipment.  The trained facility representative shall instruct other appropriate facility employees as to the purpose and operating procedures of the system.  Training shall include, but is not limited to, the following:

(i)  Purposes and effects of the Stage II vapor control program;

(ii)  Equipment operation and function specific to the facility's system;

(iii)  Maintenance schedules and requirements for the facility's equipment;

(iv)  Equipment manufacturer contacts (names, addresses and phone numbers) for parts and service.

14.  Each owner or operator shall post operating instructions conspicuously on the front of each gasoline dispenser using the Stage II vapor recovery system. These instructions shall, at a minimum, include:

(i)  A clear description of how to correctly dispense gasoline using the system;

(ii)  A warning to not attempt continued refueling after automatic shutoff of the system (an indication that the vehicle fuel tank is full); and

(iii)  A telephone number to be used to report to the station owner or company repair representative any problems experienced with the system.

15.  The owner or operator shall maintain the Stage II vapor recovery system in proper operating condition as specified by the manufacturer and free of defects that could impair the effectiveness of the system. For the purposes of this paragraph, the following is a list of equipment defects in Stage II vapor recovery systems that substantially impair the effectiveness of the systems in reducing refueling vapor emissions:

(i)  Absence or disconnection of any component that is a part of the approved system;

(ii)  A vapor hose that is crimped or flattened such that the vapor passage is blocked, or the pressure drop through the vapor hose exceeds by a factor of 2 or more the value as certified in the approved system;

(iii)  A nozzle boot that is torn in one or both of the following ways:

(I)  A triangular-shaped or similar tear more than 1/2 inch on a side, or a hole more than 1/2 inch in diameter; or

(II)  A slit more than 1 inch in length;

(iv)  A faceplate or flexible cone on a balance nozzle or a nozzle in a vacuum assist type system, that is damaged such that the capability to achieve a seal with a fill pipe interface is affected for at least 1/4 of the circumference of the faceplate (accumulated);

(v)  A nozzle shutoff mechanism that malfunctions in any manner;

(vi)  Vapor return lines, including such components as swivels, anti-recirculation valves, and underground piping, that malfunction or are blocked, or are restricted such that the pressure drop through the line exceeds by a factor of 2 or more the value as certified in the approved system;

(vii)  A vapor processing unit that is inoperative;

(viii)  A vacuum producing device that is inoperative;

(ix)  Pressure/vacuum relief valves, vapor check valves, or dry breaks that are inoperative;

(x)  Any equipment defect that is identified by the Division as substantially impairing the effectiveness of the system in reducing refueling vapor emissions; or

(xi)  Any leaks.

16.  Upon identification of any of the defects as described above, the owner or operator shall tag "out-of-order" all dispensing equipment for which vapor recovery has been impaired. The tagged equipment shall be rendered inoperable and the tag(s) shall not be removed until the defective equipment has been repaired, replaced, or adjusted as necessary. The Division shall be promptly notified by U.S. Mail as to the corrective actions taken by the company's repair representative with regards to major repairs. Hoses, nozzles, nozzle boots and other routine repairs are exempted from this notification.

17.  The owner or operator shall inspect all nozzles and nozzle boots or faceplates on a daily basis.

18.  Owners or operators of facilities subject to Stage II vapor control shall maintain, at the facility, any applicable permits or licenses to operate the facility or specific system current at all times. All required records shall be made readily available for the Division's inspection. Certification and test results which verify that the Stage II vapor recovery system meets the requirements shall be maintained for five years or until it is decommissioned, whichever is less.

19.  The following records shall be maintained for two years or until the Stage II vapor recovery system is decommissioned, whichever is less:

(i)  Maintenance records including any repaired or replacement parts and a description of the problems.

(ii)  Compliance records including warnings or notices of violation issued by the Division.

(iii)  Gasoline throughput records which will allow the average monthly gasoline throughput rate to be continuously determined.

(iv)  Inspection results including self-inspection weekly summaries.

(v)  Records of operator employee training for current employees.

20.  Record disposal may be approved by the Division upon a written request by the owner or operator of the facility.  Approval may be granted on a case-by-case basis considering volume of records, number of times the records have been inspected by the Division; and the value of maintaining the records.  In no case, shall the time be extended beyond the requirements of this subsection.

21.  Owners or operators of gasoline dispensing facilities subject to the Stage II vapor recovery control requirements shall fully decommission their Stage II vapor recovery systems in accordance with the provisions of this subsection.

(i)   Beginning May 1, 2014, owners or operators of gasoline dispensing facilities with Stage II vapor recovery systems may commence decommissioning of those systems.  Decommissioning of the Stage II vapor recovery systems shall be completed no later than April 30, 2016.

(ii)  An existing Stage II vapor recovery system shall be decommissioned only in accordance with the requirements in this Subparagraph.

(I)  The entire existing Stage II vapor recovery system shall be fully decommissioned prior to the Stage II system no longer being operated and maintained as required by this rule and the terms and conditions of the system's currently applicable CARB Executive Order and Approval Letters.

(II)  The gasoline dispensers connected to the Stage II vapor recovery system shall be taken out of service prior to the start of decommissioning and shall not be brought back into service to dispense gasoline until the requirements in this Subparagraph have been met.

(III)  If the Stage II vapor recovery system has any liquid-collection points and liquid is present, the liquid must be removed and disposed of properly.  If the liquid-collection point has a tube leading back to the submersible pump, the tube must be disconnected at the submersible pump, and the tube sealed properly so that it is vapor tight.  A plug must be installed in the vacuum pump to seal the vacuum port.  As an alternative to sealing the tube, the tube may be removed completely as long as the opening for the tube in the liquid-collection point is sealed so that it is vapor tight.  The liquid-collection point cap shall create a vapor tight seal when placed on the liquid-collection point.

(IV)  If the Stage II vapor recovery system includes a vapor pump for each fueling position, the vapor pump shall be disabled or removed.

(V)  If the Stage II vapor-recovery system includes a centrally-located vacuum pump, the vacuum-pumping mechanism shall be removed.  After removing the vacuum-generating mechanism, the vapor piping that was attached to the vapor pump must be sealed so that it is vapor tight.

(VI)  The below-grade vapor piping shall be disconnected from the dispenser at a point that is at or below the level of the base of the dispenser.  The below-grade vapor piping shall be properly sealed so that it is vapor tight.

(VII)  The lower end of the vapor piping inside of each dispenser cabinet shall be sealed so that it is vapor tight.

(VIII)  The vapor recovery piping connection at the storage tank shall be disconnected if it can be disconnected without excavation.  If the vapor recovery piping is disconnected at the storage tank, the dispenser and tank side of the vapor piping shall be sealed so that it is vapor tight.

(IX)  A rubber cap held in place by a hose clamp shall not be used to seal the vapor piping for any of the requirements in this subparagraph.

(X)  If Stage II vapor recovery system operating instructions are posted on dispensers, the operating instructions shall be removed.

(iii)  Within 30 calendar days of meeting the requirements in Subparagraph 21.(ii), a pressure decay test and tie-tank test shall be conducted to insure that the Stage I vapor recovery system is vapor tight and the storage tank vents are still functional.  The pressure decay test shall be conducted in accordance with and meet the performance requirements in the CARB test procedure TP-201.3 "Determination of 2 Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities" adopted on April 12, 1996, and amended on March 17, 1999.  The tie-tank test shall be conducted in accordance with and meet the performance requirements in the CARB test procedure TP201.3C "Determination of Vapor Piping Connections to Underground Gasoline Storage Tanks" (Tie-Tank Test) adopted on March 17, 1999.

(iv)  The gasoline dispensing facility owner or operator shall notify the Division a minimum of five business days, as defined by the Division, prior to the testing required for the decommissioning of the Stage II vapor recovery system as specified by Subparagraph 21.(iii).  The owner or operator shall use and complete the notification form provided by the Division.

(v)  The gasoline dispensing facility owner or operator shall submit a complete test report containing the results of the testing required by Subparagraph 21.(iii) within 30 days of the test date to the Division.  The test report form shall be provided by the Division and must be used and completed in its entirety by the owner or operator.  The report shall include results of all tests conducted for decommissioning of the Stage II vapor recovery system.

(vi)   The gasoline dispensing facility owner or operator shall maintain the following records on-site for two years after decommissioning:

(I)   Contracts and invoices associated with decommissioning of the Stage II vapor recovery system.

(II)  Contracts, invoices, and test results for required testing for decommissioning of the Stage II vapor recovery system.

(vii)  A gasoline dispensing facility is considered fully decommissioned once the following conditions have been met:

(I)  All of the requirements in Subparagraph 21.(ii) have been met;

(II) All tests required in Subparagraph 21.(iii) have been conducted and performance requirements met; and

(III)  Test report(s) as required in Subparagraph 21.(v) have been submitted to and approved by the Division.


[Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Notices]
[Pages 41612-41613]
[FR Doc No: 2023-13608]

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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 & Oil Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP23-843-000.
    Applicants: Stagecoach Pipeline & Storage Company LLC.
    Description: Sec.  4(d) Rate Filing: Stagecoach Pipeline & Storage
Company LLC--Equinor Natural SP386894 to be effective 7/1/2023.
    Filed Date: 6/21/23.
    Accession Number: 20230621-5025.
    Comment Date: 5 p.m. ET 7/3/23.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: PR23-44-001.
    Applicants: Moss Bluff Hub, LLC.
    Description: Sec.  284.123 Rate Filing: Moss Bluff--TPGS Market
Power Study Notification to be effective N/A.
    Filed Date: 6/20/23.
    Accession Number: 20230620-5227.
    Comment Date: 5 p.m. ET 7/11/23.

    Docket Numbers: RP23-683-001.
    Applicants: Egan Hub Storage, LLC.
    Description: Compliance filing: Egan--TPGS Market Power Study
Notification to be effective N/A.
    Filed Date: 6/20/23.
    Accession Number: 20230620-5223.
    Comment Date: 5 p.m. ET 7/3/23.

    Docket Numbers: RP23-685-001.
    Applicants: Bobcat Gas Storage.
    Description: Compliance filing: Bobcat--TPGS Market Power Study
Notification to be effective N/A.
    Filed Date: 6/20/23.
    Accession Number: 20230620-5222.
    Comment Date: 5 p.m. ET 7/3/23.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for

rehearing, the public is encouraged to contact OPP at<PHONE_NUMBER> or
[email protected].

    Dated: June 21, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-13608 Filed 6-26-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 130 (Friday, July 6, 2012)]
[Notices]
[Pages 40110-40112]
[FR Doc No: 2012-16517]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67307; File No. SR-NYSEArca-2012-65]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Commentary
.02 to NYSE Arca Options Rule 6.72 in Order To Extend the Penny Pilot
in Options Classes in Certain Issues Through December 31, 2012

 June 28, 2012.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on June 15, 2012, NYSE Arca, Inc. (``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Commentary .02 to NYSE Arca Options
Rule 6.72 in order to extend the Penny Pilot in options classes in
certain issues (``Pilot Program'') previously approved by the
Securities and Exchange Commission (``Commission'') through December
31, 2012. The text of the proposed rule change is available on the
Exchange's Web site at www.nyse.com, at the Exchange's principal office
and at

the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange hereby proposes to amend Commentary .02 to NYSE Arca
Options Rule 6.72 to extend the time period of the Pilot Program,\4\
which is currently scheduled to expire on June 30, 2012 through
December 31, 2012. The Exchange also proposes that the date to replace
issues in the Pilot Program that have been delisted be revised to the
second trading day following July 1, 2012.\5\
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    \4\ See Securities Exchange Act Release No. 63376 (November 24,
2010), 75 FR 75527 (December 3, 2010) (SR-NYSEArca-2010-104).
    \5\ The Exchange will announce the replacement issues to the
Exchange's membership through a Trader Update.
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    This filing does not propose any substantive changes to the Pilot
Program: all classes currently participating will remain the same and
all minimum increments will remain unchanged. The Exchange believes the
benefits to public customers and other market participants who will be
able to express their true prices to buy and sell options have been
demonstrated to outweigh the increase in quote traffic.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \6\ of the
Securities Exchange Act of 1934 (the ``Act''), in general, and furthers
the objectives of Section 6(b)(5),\7\ in particular, in that it is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, and to remove impediments to and perfect the mechanisms of
a free and open market and a national market system. The Exchange
believes that extending the Pilot Program promotes just and equitable
principles of trade by enabling public customers and other market
participants to express their true prices to buy and sell options.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6)(iii) thereunder.\11\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after the date of the filing.\12\
However, pursuant to Rule 19b-4(f)(6)(iii),\13\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because doing so will
allow the Pilot Program to continue without interruption in a manner
that is consistent with the Commission's prior approval of the
extension and expansion of the Pilot Program and will allow the
Exchange and the Commission additional time to analyze the impact of
the Pilot Program.\14\ Accordingly, the Commission designates the
proposed rule change as operative upon filing with the Commission.\15\
---------------------------------------------------------------------------

    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this pre-filing requirement.
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ See Securities Exchange Act Release No. 61061 (November 24,
2009), 74 FR 62857 (December 1, 2009) (SR-NYSEArca-2009-44). See
also supra note 4.
    \15\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2012-65 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-NYSEArca-2012-65.
This file number should be included on the subject line if email is
used. To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's

Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the
submission, all subsequent amendments, all written statements with
respect to the proposed rule change that are filed with the Commission,
and all written communications relating to the proposed rule change
between the Commission and any person, other than those that may be
withheld from the public in accordance with the provisions of 5 U.S.C.
552, will be available for Web site viewing and printing in the
Commission's Public Reference Room, 100 F Street, NE., Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2012-65 and should
be submitted on or before July 27, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-16517 Filed 7-5-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 26, 2009 (Volume 74, Number 15)]
[Notices]
[Page 4423-4425]
[DOCID:fr26ja09-39]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings  1

January 13, 2009.
    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG09-22-000.
    Applicants: Penascal Wind Power LLC.
    Description: Penascal Wind Power LLC Notice of Self-Certification
of Exempt Wholesale Generator Status.
    Filed Date: 01/12/2009.
    Accession Number: 20090112-5085.
    Comment Date: 5 p.m. Eastern Time on Monday, February 2, 2009.

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

    Docket Numbers: ER98-2329-007.
    Applicants: Central Vermont Public Service Corp.
    Description: Central Vermont Public Service Corp submits an
affirmative statement that it has not erected any barriers to entry
into the Northeast Region and will not erect any barriers to entry into
the Northeast Region & request Waiver of Order 697.
    Filed Date: 01/07/2009.
    Accession Number: 20090112-0051.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 28, 2009.

    Docket Numbers: ER00-136-005; ER03-775-006.
    Applicants: FortisUS Energy Corporation; FortisOntario Inc.
    Description: FortisOntario Inc. and FortisUS Energy Corp submit
Second Revised Sheet No. 1 et al. to FERC Electric Tariff, Original
Volume No. 1, effective 9/18/07.
    Filed Date: 01/08/2009.
    Accession Number: 20090109-0161.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 29, 2009.

    Docket Numbers: ER03-9-015; ER98-2157-016.
    Applicants: Westar Energy, Inc.; Kansas Gas and Electric Company.
    Description: Change in Status Notification of Westar Energy, Inc.
    Filed Date: 01/12/2009.
    Accession Number: 20090112-5024.
    Comment Date: 5 p.m. Eastern Time on Monday, February 2, 2009.

    Docket Numbers: ER03-114-005; ER04-183-004.
    Applicants: Great Bay Power Marketing, Inc.; Great Bay Hydro
Corporation.
    Description: Great Bay Power Marketing and Great Bay Hydro Corp
submits updated versions of their Substitute First Revised Sheets to
Original Rate Schedule FERC 1.
    Filed Date: 01/08/2009.
    Accession Number: 20090109-0204.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 29, 2009.

    Docket Numbers: ER03-719-012; ER03-721-011; ER98-830-021.
    Applicants: New Athens Generating Company, LLC; New Harquahala
Generating Company, LLC; Millennium Power Partners, L.P.
    Description: Notice of New Athens Generating Company, LLC, et al.
for Non-material Change in Status.
    Filed Date: 01/12/2009.
    Accession Number: 20090112-5177.
    Comment Date: 5 p.m. Eastern Time on Monday, February 2, 2009.

    Docket Numbers: ER03-198-009.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Co. submits a Notice of Non-
Material Change in Status.
    Filed Date: 01/05/2009.
    Accession Number: 20090108-0108.
    Comment Date: 5 p.m. Eastern Time on Monday, January 26, 2009.

    Docket Numbers: ER09-219-001; ER09-220-001.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Duke Energy Carolinas, LLC submits Attachment A,
Substitute Sixth Revised Service Agreement 208, et al.
    Filed Date: 01/07/2009.
    Accession Number: 20090108-0200.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 28, 2009.

    Docket Numbers: ER09-459-000.
    Applicants: American Transmission Systems, Incorpora.
    Description: Amendment to Application of American Transmission
Systems, Incorporated for Wholesale Distribution Service Agreement with
Borough of Wampum, PA.
    Filed Date: 01/08/2009.
    Accession Number: 20090108-5068.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 29, 2009.

    Docket Numbers: ER09-503-000.
    Applicants: BC Landfill Energy LLC.
    Description: BC Landfill Energy, LLC submits for filing its
Petition for Acceptance of Electric Tariff, Waivers and Blanket
Authorization.
    Filed Date: 01/07/2009.
    Accession Number: 20090108-0373.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 28, 2009.

    Docket Numbers: ER09-504-000.
    Applicants: AC Landfill Energy, LLC.
    Description: AC Landfill Energy, LLC submits for filing its
Petition for Acceptance of Electric Tariff, Waivers and Blanket
Authorization.
    Filed Date: 01/07/2009
    Accession Number: 20090108-0372.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 28, 2009.

    Docket Numbers: ER09-505-000.
    Applicants: WC Landfill Energy, LLC.
    Description: WC Landfill Energy, LLC submits for filing its
Petition for Acceptance of Electric Tariff, Waivers and Blanket
Authorization.
    Filed Date: 01/07/2009.
    Accession Number: 20090108-0371.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 28, 2009.

    Docket Numbers: ER09-513-000
    Applicants: Cygnus Energy Partners, LLC.
    Description: Cygnus Energy Futures, LLC submits the Petition for
Acceptance of Initial Tariff and Waivers.
    Filed Date: 01/08/2009.
    Accession Number: 20090109-0198.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 29, 2009

    .Docket Numbers: ER09-514-000.
    Applicants: Cygnus Energy Futures, LLC.
    Description: Cygnus Energy Futures, LLC submits the Petition for
Acceptance of Initial Tariff and Waivers.
    Filed Date: 01/08/2009.
    Accession Number: 20090109-0197.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 29, 2009.

    Docket Numbers: ER09-515-000.
    Applicants: Ameren Services Company.
    Description: Ameren Services Company on behalf of Union Electric
Company submits for filing their Wholesale Distribution Service
Agreement.
    Filed Date: 01/07/2009.
    Accession Number: 20090108-0365.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 28, 2009.

    Docket Numbers: ER09-516-000.
    Applicants: Ameren Services Company.
    Description: Ameren Services Company on behalf of Central Illinois
Public Service Company submits for

filing their Wholesale Distribution Service Agreement.
    Filed Date: 01/07/2009.
    Accession Number: 20090108-0366.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 28, 2009.

    Docket Numbers: ER09-517-000.
    Applicants: Ameren Services Company.
    Description: Ameren Services Company on behalf of Central Illinois
Public Service Company submits for filing their Wholesale Distribution
Service Agreement.
    Filed Date: 01/07/2009.
    Accession Number: 20090108-0367.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 28, 2009.

    Docket Numbers: ER09-518-000.
    Applicants: Ameren Services Company.
    Description: Ameren Services Company on behalf of Union Electric
Company submits for filing their Wholesale Distribution Service
Agreement.
    Filed Date: 01/07/2009.
    Accession Number: 20090108-0368.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 28, 2009.

    Docket Numbers: ER09-519-000.
    Applicants: Ameren Services Company.
    Description: Ameren Services Company on behalf of Union Electric
Company submits for filing their Wholesale Distribution Service
Agreement.
    Filed Date: 01/07/2009.
    Accession Number: 20090108-0369.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 28, 2009.

    Docket Numbers: ER09-520-000.
    Applicants: Ameren Services Company.
    Description: Ameren Services Company on behalf of Union Electric
Company submits for filing their Wholesale Distribution Service
Agreement.
    Filed Date: 01/07/2009.
    Accession Number: 20090108-0370.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 28, 2009.

    Docket Numbers: ER09-521-000.
    Applicants: Ameren Services Company.
    Description: Ameren Services Company on behalf of Union Electric
Company submits for filing their Wholesale Distribution Service
Agreement.
    Filed Date: 01/07/2009.
    Accession Number: 20090108-0364.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 28, 2009.

    Docket Numbers: ER09-522-000.
    Applicants: Alliant Energy Corporate Services, Inc.
    Description: Alliant Energy Corporate Services, Inc submits Notice
of Cancellation of AECS's Interstate Electric Corporation FERC Electric
Tariff, Original Volume 2.
    Filed Date: 01/05/2009.
    Accession Number: 20090108-0199.
    Comment Date: 5 p.m. Eastern Time on Monday, January 26, 2009.

    Docket Numbers: ER09-524-000.
    Applicants: Idaho Power Company.
    Description: Idaho Power Co submits FERC Electric Tariff No. 8 for
the Sale, Assignment or Transfer of Bonneville Power Administration
Rights.
    Filed Date: 01/08/2009.
    Accession Number: 20090109-0160.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 29, 2009.

    Docket Numbers: ER09-525-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits its Seventh Revised Volume No. 11
Open Access Transmission Tariff.
    Filed Date: 01/08/2009.
    Accession Number: 20090109-0159
    Comment Date: 5 p.m. Eastern Time on Thursday, January 29, 2009.

    Docket Numbers: ER09-526-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy, Inc submits First Revised Sheet No. 9
of a Control Area Services Agreement with Missouri Joint Municipal
Electric Utility Commission.
    Filed Date: 01/08/2009.
    Accession Number: 20090109-0162.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 29, 2009.

    Docket Numbers: ER09-527-000.
    Applicants: PJM Interconnection L.L.C.
    Description: PJM Interconnection, LLC submits an executed
interconnection service agreement among PJM, Indian River Power and
Delmarva Power and Light Company.
    Filed Date: 01/09/2009.
    Accession Number: 20090112-0203.
    Comment Date: 5 p.m. Eastern Time on Friday, January 30, 2009.

    Docket Numbers: ER09-528-000.
    Applicants: Puget Sound Energy, Inc.
    Description: Puget Sound Energy, Inc submits FERC Electric
Transmission Reassignment Tariff, Original Volume 449.
    Filed Date: 01/09/2009.
    Accession Number: 20090112-0204.
    Comment Date: 5 p.m. Eastern Time on Friday, January 30, 2009.

    Docket Numbers: ER09-529-000.
    Applicants: Virginia Electric & Power Company.
    Description: Virginia Electric and Power Company et al submits a
revised Generator Interconnection and Operating Agreement between
Dominion and Fauquier Landfill Gas, LLC revising the rates associated
with Dominion provision etc.
    Filed Date: 01/09/2009.
    Accession Number: 20090112-0177.
    Comment Date: 5 p.m. Eastern Time on Friday, January 30, 2009.

    Docket Numbers: ER09-530-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits jurisdictional agreement et al.
    Filed Date: 01/09/2009.
    Accession Number: 20090112-0175.
    Comment Date: 5 p.m. Eastern Time on Friday, January 30, 2009.

    Docket Numbers: ER09-531-000.
    Applicants: Virginia Electric & Power Company.
    Description: Virginia Electric and Power Company et al. submits a
revised and executed Mutual Operating Agreement between Dominion and
Old Dominion Electric Cooperative providing for a wires-to-wires
operating between the two entities.
    Filed Date: 01/09/2009.
    Accession Number: 20090112-0174.
    Comment Date: 5 p.m. Eastern Time on Friday, January 30, 2009.

    Docket Numbers: ER09-532-000.
    Applicants: Entergy Services, Inc.
    Description: Entergy Operating Companies submits two executed
Network Integration Transmission Service Agreements and Network
Operating Agreements between ESI and American Electric Power Service
Corporation etc.
    Filed Date: 01/09/2009.
    Accession Number: 20090112-0178.
    Comment Date: 5 p.m. Eastern Time on Friday, January 30, 2009.

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH09-6-000.
    Applicants: Ecofin Holdings Limited.
    Description: FERC-65A Notice of Material Change in Facts of Ecofin
Holdings Limited.
    Filed Date: 01/09/2009.
    Accession Number: 20090109-5049.
    Comment Date: 5 p.m. Eastern Time on Friday, January 30, 2009.

    Docket Numbers: PH09-7-000.
    Applicants: The Capital Group Companies, Inc.
    Description: FERC-65A Notice of Material Change in Facts of The
Capital Group Companies, Inc.
    Filed Date: 01/09/2009.
    Accession Number: 20090109-5052.
    Comment Date: 5 p.m. Eastern Time on Friday, January 30, 2009.

    Docket Numbers: PH09-8-000.

    Applicants: Goldman Sachs Group, Inc.
    Description: Notice of Material Change in Facts--Goldman Sachs
Group Inc.
    Filed Date: 01/08/2009.
    Accession Number: 20090108-5070.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 29, 2009.

    Docket Numbers: PH09-9-000.
    Applicants: ArcLight Capital Holdings, LLC.
    Description: Notice of Change in Facts of ArcLight Capital
Holdings, LLC.
    Filed Date: 01/08/2009.
    Accession Number: 20090108-5069.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 29, 2009.

    Docket Numbers: PH09-10-000.
    Applicants: BayCorp Holdings, Ltd.
    Description: Report of BayCorp Holdings, Ltd. under PH06-30;
Material Change in Facts pursuant to 18 CFR 366.4(b) and FERC-65A
Exemption Notification.
    Filed Date: 01/09/2009.
    Accession Number: 20090109-5173.
    Comment Date: 5 p.m. Eastern Time on Friday, January 30, 2009.

    Docket Numbers: PH09-11-000.
    Applicants: FPL Group, Inc.
    Description: Notification of Update to Petition for Waiver of FPL
Group, Inc. (FERC Form 65B).
    Filed Date: 01/09/2009.
    Accession Number: 20090109-5175.
    Comment Date: 5 p.m. Eastern Time on Friday, January 30, 2009.

    Docket Numbers: PH09-12-000.
    Applicants: AES Corporation.
    Description: FERC-65B Notice of Material Change in Facts of AES
Corporation.
    Filed Date: 01/09/2009.
    Accession Number: 20090109-5223.
    Comment Date: 5 p.m. Eastern Time on Friday, January 30, 2009.

    Docket Numbers: PH09-13-000.
    Applicants: Freeport McMoran Copper & Gold, Inc., Freeport McMoRan
Corp.
    Description: Freeport McMoRan Copper & Gold, Inc. and Freeport
McMoRan Corp. Notification of Material Change in Facts Not Affecting
PUHCA 2005 Exemption.
    Filed Date: 01/09/2009.
    Accession Number: 20090109-5226.
    Comment Date: 5 p.m. Eastern Time on Friday, January 30, 2009.

    Docket Numbers: PH09-14-000.
    Applicants: Brookfield Asset Management Inc.
    Description: Brookfield Asset Management Inc. FERC Form 65 PUHCA.
    Filed Date: 01/09/2009.
    Accession Number: 20090109-5229.
    Comment Date: 5 p.m. Eastern Time on Friday, January 30, 2009.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for 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 e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-1477 Filed 1-23-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: October 9, 2008 (Volume 73, Number 197)]
[Notices]
[Page 59621]
[DOCID:fr09oc08-73]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL05-19-009; Docket No. ER05-168-008 (Consolidated); Docket
No. ER06-274-012 (Not Consolidated)]

Golden Spread Electric Cooperative, et al. v. Southwestern Public
Service Company; Notice of Filing

October 2, 2008.
    On September 30, 2008, Southwestern Public Service Company, on
behalf of itself, Golden Spread Electric Cooperative, Inc., Lyntegar
Electric Cooperative, Inc., Occidental Permian Ltd. and Occidental
Power Marketing, L.P., filed an Amendment No. 3 to its Offer of
Settlement and Settlement Agreement filed on December 3, 2007 and
approved by the Commission on April 21, 2008 in this proceeding.
    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. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    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 14 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 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 e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Comment Date: 5 p.m. Eastern Time on October 6, 2008.

Nathaniel Davis,
Deputy Secretary.
[FR Doc. E8-23936 Filed 10-8-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Proposed Rules]
[Pages 62736-62738]
[FR Doc No: 2018-26253]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0977; Product Identifier 2018-CE-041-AD]
RIN 2120-AA64

Airworthiness Directives; Rockwell Collins, Inc. Flight
Management Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Rockwell Collins, Inc. (Rockwell Collins) flight management
systems (FMS) installed on airplanes. This proposed AD was prompted by
reports of the flight management computer (FMC) software issuing
incorrect turn commands when the altitude climb field is edited or the
temperature compensation is activated on the FMS control display unit.
This proposed AD would require disabling the automatic temperature
compensation feature of the FMS through the configuration strapping
units (CSU) and revising the airplane flight manual (AFM) Limitations
section. We are proposing this AD to address the unsafe condition on
these products.

DATES: We must receive comments on this proposed AD by January 22,
2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, 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 NPRM, contact Rockwell
Collins, Inc., Collins Aviation Services, 400 Collins Road NE, M/S 164-
100, Cedar Rapids, IA 52498-0001; telephone:<PHONE_NUMBER> (U.S.) or
319-265-5467; fax:<PHONE_NUMBER> (outside U.S.); email:
[email protected]; internet: http://www.rockwellcollins.com/Services_and_Support/Publications.aspx. You may
review copies of the referenced service information at the FAA, Policy
and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call (816)
329-4148.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0977; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (phone: 800-647-
5527) is listed above. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Avi Acharya, Aerospace Engineer,
Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Room
100, Wichita, Kansas 67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0977;
Product Identifier 2018-CE-041-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM 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 NPRM.

Discussion

    During flight inspection on a Bombardier Model CRJ-200 airplane,
Nav Canada, which is Canada's civil air navigation service provider,
observed the FMS map displaying an incorrect turn for the Fort St. John
airport instrument landing system runway 29 missed approach while using
temperature compensation. Nav Canada assumed this was only an issue
with the map display and reported the incident to Rockwell Collins.
    Rockwell Collins subsequently determined that an error in the
design of the Pro Line 4 and Pro Line 21 FMC software causes changes to
the procedure-defined turn direction when the procedure has been
significantly modified. The FMS will change the planned database turn
direction to an incorrect turn direction when the altitude climb field
is edited, and the flight crew may not notice the change during climb.
The FMS will also change the planned database turn direction to an
incorrect turn direction if the temperature compensation is activated,
which may go unnoticed by the flight crew with the increased workload
involved with a missed approach procedure. Editing the altitude or
using temperature compensation does not change the flight segment.
However, due to the design error, the software thinks the flight
segment has changed. The change of the planned turn direction can occur
for either left or right turns.
    The FMS commanding incorrect turn direction may result in a
collision or controlled flight into terrain.

Related Service Information Under 1 CFR Part 51

    We reviewed Rockwell Collins Service Information Letter, CSU-XX00-
18-1, dated June 27, 2018. The service letter contains procedures for
disabling the automatic temperature compensation option in Pro Line 4
and Pro Line 21 FMC systems. We also reviewed Rockwell Collins Service
Information Letter FMC-XX00-18-1, dated June 27, 2018. The service
letter provides instructions for revising the

Limitations section of the AFM by adding prohibitions on editing
altitudes for specific Pro Line 4 and Pro Line 21 Flight Management
Systems. This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES 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 these same type
designs.

Proposed AD Requirements

    This proposed AD would require disabling the automatic temperature
compensation feature on the FMS through the CSUs. This proposed AD
would also require revising the Limitations section of the AFM by
adding limitations on the use of the temperature compensation feature
and the editing of altitudes.

Costs of Compliance

    We estimate that this proposed AD affects 2,855 products installed
on airplanes of U.S. registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
              Action                      Labor cost             Parts cost           product        operators
----------------------------------------------------------------------------------------------------------------
CSU strapping change..............  2 work-hours x $85     Not applicable.......            $170        $485,350
                                     per hour = $170.
Revision to the AFM Limitations     .5 work-hour x $85     Not applicable.......           42.50      121,337.50
 section.                            per hour = $42.50.
----------------------------------------------------------------------------------------------------------------

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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to small airplanes, domestic business
jet transport airplanes, and associated appliances to the Director of
the Policy and Innovation Division.

Regulatory Findings

    We 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 this 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

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

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

Sec.  39.13  [Amended]

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

Rockwell Collins, Inc.: Docket No. FAA-2018-0977; Product Identifier
2018-CE-041-AD.

(a) Comments Due Date

    We must receive comments by January 22, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Rockwell Collins, Inc. (``Rockwell Collins'')
Pro Line 4 and Pro Line 21 Flight Management Systems installed on
airplanes, certificated in any category, that has a flight
management computer (FMC) with a Rockwell Collins part number (RCPN)
listed in paragraph (c)(1) of this AD and with a configuration
strapping unit (CSU) listed in paragraph (c)(2) of this AD.
    (1) FMC-3000 RCPN 822-0883-031, -036, -038, -040, -041, -053, -
054, -056, -057, -058, -059, -060, -081, -082, -083, -084; FMC-4200
RCPN 822-0783-022, -025, -028, -032, -036, -039, -040; FMC-5000 RCPN
822-0891-021, -027, -028, -034, -040; or FMC-6000 RCPN 822-0868-074,
-075, -082, -083, -084, -085, -087, -089, -090, -109, -17, -111, -
112, -113, -114, -116, -117, -122, -123, -127, -130, -132, -133, -
134, -139.
    (2) CSU-3100 RCPN 822-1363-002, CSU-4000 RCPN 822-0049-002, or
CSU-4100 RCPN 822-1364-002.

    Note 1 to paragraph (c) of this AD: To determine the CSU and FMC
unit RCPN, refer to the aircraft manufacturer or applicable STC
holder maintenance instructions for accessing them.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 3460, Flight Management Computing Hardware
System.

(e) Unsafe Condition

    This AD was prompted by reports of the FMC software issuing
incorrect turn

commands when the altitude climb field is edited or when the
temperature compensation is activated. We are issuing this AD to
prevent the FMC from issuing an incorrect turn direction command.
The unsafe condition, if not addressed, could result in a collision
or controlled flight into terrain.

(f) Compliance

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

(g) Disable the Temperature Compensation

    Within the next 12 months after the effective date of this AD,
disable the automatic temperature compensation feature on the CSU by
following steps (2) through (6) of the Instructions in Rockwell
Collins Service Information Letter CSU-XX00-18-1, dated June 27,
2018.

(h) Revise the Airplane Flight Manual Limitations

    Within the next 12 months after the effective date of this AD,
revise the airplane flight manual by adding the information from
step 2 of the Aircraft Flight Manual Recommendation in Rockwell
Collins Service Information Letter FMC-XX00-18-1, dated June 27,
2018, into the Limitations section of the AFM.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita ACO Branch, 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 paragraph (j)(1) of this AD.
    (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.

(j) Related Information

    (1) For more information about this AD, contact Avi Acharya,
Aerospace Engineer, Wichita ACO Branch, FAA, 1801 Airport Road, Room
100, Wichita, Kansas 67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email: [email protected].
    (2) For service information identified in this AD, contact
Rockwell Collins, Inc., Collins Aviation Services, 400 Collins Road
NE, M/S 164-100, Cedar Rapids, IA 52498-0001; telephone: 888-265-
5467 (U.S.) or<PHONE_NUMBER>; fax:<PHONE_NUMBER> (outside U.S.);
email: [email protected]; internet: http://www.rockwellcollins.com/Services_and_Support/Publications.aspx. You
may view this referenced service information at the FAA, Small
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.

    Issued in Kansas City, Missouri, on November 26, 2018.
Melvin J. Johnson,
Aircraft Certification Service, Deputy Director, Policy and Innovation
Division, AIR-601.
[FR Doc. 2018-26253 Filed 12-4-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: December 24, 2008 (Volume 73, Number 248)]
[Rules and Regulations]
[Page 78956-78958]
[DOCID:fr24de08-13]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1044; Directorate Identifier 2008-NM-095-AD;
Amendment 39-15774; AD 2008-26-08]
RIN 2120-AA64

Airworthiness Directives; Saab AB, Saab Aerosystems Model 340A
(SAAB/SF340A) and SAAB 340B Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI)

originated by an aviation authority of another country to identify and
correct an unsafe condition on an aviation product. The MCAI describes
the unsafe condition as:

    Several landing gear emergency extension valves have been found
seized * * *. This condition, if not corrected, could result in
malfunctioning of the landing gear release during an operational
emergency.
* * * * *
    This malfunction could cause failure of the landing gear to extend
and lock in the extended position, which could result in a gear up
landing and reduced controllability of the airplane on the ground. We
are issuing this AD to require actions to correct the unsafe condition
on these products.

DATES: This AD becomes effective January 28, 2009.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 28,
2009.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace
Engineer, International Branch, ANM-116, Transport Airplane
Directorate, FAA, 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 AD that would apply to the specified products.
That NPRM was published in the Federal Register on September 30, 2008
(73 FR 56765). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states:

    Several landing gear emergency extension valves have been found
seized when performing checks according to the SAAB 340 Maintenance
Review Board (MRB) Report, Section F (Airworthiness Limitation
Section) task number 323106. The valves have seized due to lack of
internal lubrication. This condition, if not corrected, could result
in malfunctioning of the landing gear release during an operational
emergency.
    Because the valve lubrication performance is dependant on
calendar time since last valve operation, SAAB has revised the check
to cycle the emergency release handle 5 times and amended the
interval in MRB section F from 5,000 FH [flight hours] to every 2
years.
    For the reasons described above, this Airworthiness Directive
(AD) requires a functional check [for discrepancies (e.g., landing
gear does not extend, does not lock in down position)] of the
landing gear emergency extension valve at the newly established
intervals.

Malfunction of the landing gear release could cause failure of the
landing gear to extend and lock in the extended position, which could
result in a gear up landing and reduced controllability of the airplane
on the ground. The corrective action for any discrepancy that is found
is repair using a method approved by either the FAA or the European
Aviation Safety Agency (or its delegated agent). You may obtain further
information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 218 products of U.S.
registry. We also estimate that it will take about 4 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Based on these figures, we estimate
the cost of this AD to the U.S. operators to be $69,760, or $320 per
product.

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 determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    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); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

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

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:

2008-26-08 Saab AB, Saab Aerosystems: Amendment 39-15774. Docket No.
FAA-2008-1044; Directorate Identifier 2008-NM-095-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January
28, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Saab AB, Saab Aerosystems Model 340A
(SAAB/SF340A) and SAAB 340B airplanes, all serial numbers,
certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing
Gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    Several landing gear emergency extension valves have been found
seized when performing checks according to the SAAB 340 Maintenance
Review Board (MRB) Report, Section F (Airworthiness Limitation
Section) task number 323106. The valves have seized due to lack of
internal lubrication. This condition, if not corrected, could result
in malfunctioning of the landing gear release during an operational
emergency.
    Because the valve lubrication performance is dependant on
calendar time since last valve operation, SAAB has revised the check
to cycle the emergency release handle 5 times and amended the
interval in MRB section F from 5,000 FH [flight hours] to every 2
years.
    For the reasons described above, this Airworthiness Directive
(AD) requires a functional check [for discrepancies, (e.g., landing
gear does not extend, does not lock in down position)] of the
landing gear emergency extension valve at the newly established
intervals.

Malfunction of the landing gear release could cause failure of the
landing gear to extend and lock in the extended position, which
could result in a gear up landing and reduced controllability of the
airplane on the ground. The corrective action for any discrepancy
that is found is repair using a method approved by either the FAA or
the European Aviation Safety Agency (EASA) (or its delegated agent).

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 6 months after the effective date of this AD, do a
functional check of the landing gear emergency extension valve in
accordance with the Accomplishment Instructions of SAAB Service
Bulletin 340-32-136, dated January 9, 2008. Repeat the functional
check thereafter at intervals not to exceed 24 months.
    (2) If any discrepancy is found during any functional check
required by paragraph (f)(1) of this AD, before further flight,
repair using a method approved by either the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA
(or its delegated agent).

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows: Although the MCAI includes a note that allows the option
of the repetitive inspections (functional checks) to be accomplished
in accordance with SAAB 340 Maintenance Review Board Report, Section
F, Revision 6, Task Number 323106, this AD does not include that
option. That document is not yet available.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN:
Shahram Daneshmandi, Aerospace Engineer, International Branch, ANM-
116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW.,
Renton, Washington 98057-3356; telephone<PHONE_NUMBER>; fax (425)
227-1149. 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.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2008-0054, dated
March 5, 2008; and SAAB Service Bulletin 340-32-136, dated January
9, 2008; for related information.

Material Incorporated by Reference

    (i) You must use SAAB Service Bulletin 340-32-136, dated January
9, 2008, 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 Saab
Aircraft AB, SAAB Aerosystems, SE-581 88, Linkping, Sweden;
telephone +46 13 18 5591; fax +46 13 18 4874; e-mail
<EMAIL_ADDRESS>Internet http://
www.saabgroup.com.
    (3) You may review copies of the service information that is
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221 or<PHONE_NUMBER>.
    (4) You may also review copies of the service information 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 December 12, 2008.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-30262 Filed 12-23-08; 8:45 am]

BILLING CODE 4910-13-P