[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Rules and Regulations]
[Page 81826]
[FR Doc No: 2011-33367]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-1102]

Drawbridge Operation Regulation; Middle Branch of the Patapsco
River, Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Fifth Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Hanover Street S2 bridge across the Middle Branch of the Patapsco
River, mile 12.0, at Baltimore, MD. The deviation is necessary to
accommodate repairs to the bridge and will allow the bridge to open on
signal if at least four hours of notice is given except that the
drawbridge need not open during the morning and evening rush hours.

DATES: This deviation is effective from 12:01 a.m. on January 9, 2012
through 11:59 p.m. July 6, 2012.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2011-1102 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-1102 in the
``Keyword'' box and then clicking ``Search''. They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 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 rule,
call or email Lindsey Middleton, Bridge Management Specialist, Coast
Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If
you have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The City of Baltimore has requested a
temporary deviation from the current operating regulation of the
Hannover Street S2 bridge across the Middle Branch of the Patapsco
River, mile 12.0, at Baltimore, MD. The requested deviation is
necessary to accommodate gear motor and gate repairs on the bridge. To
facilitate this work, the draw of the bridge will open on signal if at
least four hours of notice is given except that from 6:30 a.m. to 9:30
a.m. and from 4 p.m. to 6:30 p.m. Monday through Friday, the bridge
need not open. The deviation will be in effect from Monday, January 9,
2012 through Friday, July 6, 2012.
    The vertical clearance of this double-leaf bascule bridge in the
closed position is 38 feet at Mean High Water and unlimited in the open
position. The operating regulation is set forth in 33 CFR 117.541(a)
which states that the bridge will open on signal except that from 6:30
a.m. to 9:30 a.m. and 4 p.m. to 6 p.m. the drawbridge need not open
except for emergency vessels. Vessels with mast heights less than 38
feet that are able to pass under the bridge in the closed position may
do so at any time.
    The main users of this waterway are recreational motorboats and
sailboats. The waterway users have been notified of the deviation and
the Coast Guard has not received any objections. The Coast Guard will
inform waterway users of the temporary deviation through our Local and
Broadcast Notices to Mariners to minimize any potential impacts caused
by the four hour advance notice. The bridge owner will also be required
to post signs upstream and downstream of the bridge notifying mariners
of the temporary regulation change.
    Tender logs provided by the city have shown that this bridge has
had minimal openings within the last three years. The bridge will be
able to open for emergencies. There are no alternate routes available
to vessels.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: December 14, 2011.
Waverly W. Gregory, Jr.,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2011-33367 Filed 12-28-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 114 (Thursday, June 13, 2019)]
[Rules and Regulations]
[Pages 27506-27508]
[FR Doc No: 2019-12352]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0405; Product Identifier 2019-NM-003-AD; Amendment
39-19647; AD 2019-11-01]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2018-25-12,
which applied to certain Airbus SAS Model A350-941 airplanes. AD 2018-
25-12 required modifying the vertical tail plane (VTP) tension bolts
connection by adding sealant and protective treatment to the head of
the connection, at the barrel nut cavities, and in the surrounding
area. Since we issued AD 2018-25-12, it was determined that the
instructions for certain airplanes are unclear for proper
accomplishment of the required modification. This AD, for certain
airplanes, requires accomplishing a revised modification and, for
certain other airplanes, retains the modification required by AD 2018-
25-12, as specified in an European Aviation Safety Agency (EASA) AD,
which will be incorporated by reference. We are issuing this AD to
address the unsafe condition on these products.

DATES: This AD becomes effective June 28, 2019.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 28,
2019.
    We must receive comments on this AD by July 29, 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For the material incorporated by reference (IBR) in this AD,
contact the EASA, at Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 89990 1000; email<EMAIL_ADDRESS>internet:
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available in the AD docket on the internet at
http://www.regulations.gov.

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-2019-
0405; 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 AD, 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: Kathleen Arrigotti, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued AD 2018-25-12, Amendment 39-19523 (83 FR 64230, December
14, 2018) (``AD 2018-25-12''), which applied to certain Airbus SAS
Model A350-941 airplanes. AD 2018-25-12 required modifying the VTP
tension bolts connection by adding sealant and protective treatment to
the head of the connection, at the barrel nut cavities, and in the
surrounding area. AD 2018-25-12 resulted from a determination that
certain holes for the VTP tension bolts connection are not properly
protected against corrosion. We issued AD 2018-25-12 to address
corrosion of the VTP tension bolts connection, which could reduce the
structural integrity of the VTP, and could ultimately lead to reduced
controllability of the airplane.

Actions Since AD 2018-25-12 Was Issued

    Since we issued AD 2018-25-12, it was determined that the
instructions for certain airplanes (Group 2 airplanes as identified in
the EASA AD identified below), are unclear for proper accomplishment of
the required modification.
    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2018-0290, dated December 21, 2018
(``EASA AD 2018-0290'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A350-941 airplanes. The MCAI
states:

    It was identified that the section 19 holes for the Vertical
Tail Plane (VTP) tension bolts connection are not properly protected
against corrosion.
    This condition, if not corrected, could reduce the structural
integrity of the VTP.
    To address this unsafe condition, Airbus developed production
mod 108307 and mod 110696 to improve protection against corrosion,
and issued the SB [service bulletin] to provide in-service
modification instructions. Consequently, EASA issued AD 2018-0045
[which corresponds to FAA 2018-25-12] to require a modification by
adding sealant and protective treatment to the head of the section
19 VTP tension bolts connection, at the barrel nut cavities and in
the surrounding area.
    Since that [EASA] AD was issued, it was identified that the
instructions for Group 2 aeroplanes, as identified in the SB, were
not clear enough for proper accomplishment. Consequently, Airbus
published Revision 01 of the SB to clarify those instructions for
Group 2 aeroplanes.
    For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2018-0045, which is superseded, and
requires, for Group 2 aeroplanes, accomplishment of the modification
in accordance with the instructions of Revision 01 of the SB.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0405.

Explanation of Retained Requirements

    Although this AD does not explicitly restate the requirements of AD
2018-25-12, this AD retains certain requirements of AD 2018-25-12 with
clarified instructions. Those requirements are referenced in EASA AD
2018-0290, which, in turn, is referenced in paragraph (g) of this AD.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2018-0290 describes procedures for implementing the means
to protect the section 19 VTP frames connections (by modifying the VTP
tension bolts connection by adding sealant and protective treatment to
the head of the connection, at the barrel nut cavities, and in the
surrounding area). This material 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

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI referenced
above. We are issuing this AD because we evaluated all pertinent
information and determined the unsafe condition exists and is likely to
exist or develop on other products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD
2018-0290 described previously, through the incorporation by reference
of EASA AD 2018-0290, except for any differences identified as
exceptions in the regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA worked with Airbus and EASA to develop a process to
use certain EASA ADs as the primary source of information for
compliance with requirements for corresponding FAA ADs. As a result,
EASA AD 2018-0290 is incorporated by reference in the FAA final rule.
This AD, therefore, requires compliance with the provisions specified
in EASA AD 2018-0290, except for any differences identified as
exceptions in the regulatory text of this AD. Service information
specified in EASA AD 2018-0290 that is required for compliance with
EASA AD 2018-0290 is available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0405.

FAA's Justification and Determination of the Effective Date

    Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary. In addition, for the reasons stated above, we find that
good cause exists for making this amendment effective in less than 30
days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2019-0405; Product
Identifier 2019-NM-003-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD based on
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 AD.

Costs of Compliance

    Currently, there are no U.S.-registered airplanes. If an affected
airplane is imported and placed on the U.S. Register in the future, we
provide the following cost estimates to comply with this AD:

                  Estimated Costs for Required Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
48 work-hour x $85 per hour = $4,080..          $9,200          $13,280
------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all known costs in our cost
estimate.

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 transport category airplanes and
associated appliances to the Director of the System Oversight Division.

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 that 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);
    3. Will not affect intrastate aviation in Alaska; and

    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2018-25-12, Amendment 39-19523 (83 FR 64230, December 14, 2018), and
adding the following new AD:

2019-11-01 Airbus SAS: Amendment 39-19647; Docket No. FAA-2019-0405;
Product Identifier 2019-NM-003-AD.

(a) Effective Date

    This AD becomes effective June 28, 2019.

(b) Affected ADs

    This AD replaces AD 2018-25-12, Amendment 39-19523 (83 FR 64230,
December 14, 2018) (``AD 2018-25-12'').

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 airplanes,
certificated in any category, as identified in European Aviation
Safety Agency (EASA) AD 2018-0290, dated December 21, 2018 (``EASA
AD 2018-0290'').

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Reason

    This AD was prompted by a determination that certain holes for
the vertical tail plane (VTP) tension bolts connection are not
properly protected against corrosion. We are issuing this AD to
address corrosion of the VTP tension bolts connection, which could
reduce the structural integrity of the VTP, and could ultimately
lead to reduced controllability of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2018-0290.

(h) Exceptions to EASA AD 2018-0290

    (1) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2018-0290 refers to its effective date,
this AD requires using the effective date of this AD.
    (2) Where EASA AD 2018-0290 refers to a compliance time after
March 1, 2018, this AD requires using January 18, 2019 (the
effective date of AD 2018-25-12).
    (3) The ``Remarks'' section of EASA AD 2018-0290 does not apply
to this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards 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 International Section, send it to the attention of
the person identified in paragraph (j) of this AD. Information may
be emailed to<EMAIL_ADDRESS>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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's
EASA Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2018-0290 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(j) Related Information

    For more information about this AD, contact Kathleen Arrigotti,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Aviation Safety Agency (EASA) AD 2018-0290, dated
December 21, 2018.
    (ii) [Reserved]
    (3) For EASA AD 2018-0290, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 6017; email
<EMAIL_ADDRESS>Internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this EASA AD at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. EASA AD
2018-0290 may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0405.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on May 29, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-12352 Filed 6-12-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 29 (Monday, February 13, 2023)]
[Rules and Regulations]
[Pages 9191-9194]
[FR Doc No: 2023-02408]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0506; FRL-9895-02-R4]

Alabama; Rescission of the Finding of Failure To Submit a State
Implementation Plan for Interstate Transport for the 2015 Ozone
National Ambient Air Quality Standards (NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final action; rescission of action.

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SUMMARY: The Environmental Protection Agency (EPA) is rescinding its
June 22, 2022, final action finding that the State of Alabama failed to
submit a complete infrastructure State Implementation Plan (SIP)
revision to satisfy the good neighbor interstate transport requirements
of the Clean Air Act (CAA or Act) with respect to the 2015 8-hour ozone
national ambient air quality standards (NAAQS or standards).

DATES: The effective date of these actions is March 15, 2023.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2022-0506. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials can either
be retrieved electronically via www.regulations.gov or in hard copy at
the Air Regulatory Management Section, Air Planning and Implementation
Branch, Air and Radiation Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960.
EPA requests that, if at all possible, you contact the person listed in
the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday

through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Evan Adams of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Adams can be
reached by telephone at<PHONE_NUMBER>, or via electronic mail at
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Overview

A. Interstate Transport SIPs

    CAA section 110(a) imposes an obligation upon states to submit SIP
revisions that provide for the implementation, maintenance, and
enforcement of a new or revised NAAQS within three years following the
promulgation of that NAAQS. CAA section 110(a)(2) lists specific
requirements that states must meet in these SIP submissions, as
applicable. EPA refers to this type of SIP as an ``infrastructure'' SIP
because it ensures that states can implement, maintain, and enforce the
new or revised air standards. Within these requirements, CAA section
110(a)(2)(D)(i) contains requirements to address interstate transport
of NAAQS pollutants. A SIP for this sub-section is referred to as an
``interstate transport SIP.'' CAA section 110(a)(2)(D)(i)(I) requires
that such a plan contain adequate provisions prohibiting any source or
other type of emissions activity within the state from emitting air
pollutants in amounts that will significantly contribute to
nonattainment of the NAAQS in any other state or interfere with
maintenance of the NAAQS in any other state. This action concerns SIP
submissions from the State of Alabama regarding these requirements,
also called collectively the ``good neighbor'' provision.
    Pursuant to CAA section 110(k)(1)(B), EPA must determine within 60
days of receiving a SIP revision, but no later than six months after
the date by which a state is required to submit a SIP revision, whether
a state has made a submission that meets the minimum completeness
criteria established pursuant to CAA section 110(k)(1)(A). These
criteria are set forth at 40 CFR part 51, appendix V. EPA refers to the
determination that a state has not submitted a SIP submission that
meets the minimum completeness criteria as a ``finding of failure to
submit.'' If EPA finds a state has failed to submit a SIP revision to
meet its statutory obligation to address CAA section
110(a)(2)(D)(i)(I), then pursuant to CAA section 110(c)(1), EPA has not
only the authority, but the obligation, to promulgate a Federal
implementation plan (FIP) within two years to address the CAA
requirement.

B. Background on the 2015 Ozone NAAQS, Alabama's SIP Revisions,
Incompleteness Determination, and Finding of Failure To Submit

    On October 1, 2015, EPA promulgated a revision to the 8-hour
primary and secondary ozone NAAQS of 70 parts per billion (ppb), which
is met when the 3-year average of the annual fourth highest daily
maximum 8-hour concentration does not exceed 70 ppb.\1\ Pursuant to the
3-year period provided in CAA section 110(a)(1), states' infrastructure
SIP revisions addressing the revised standard were due on October 1,
2018.\2\
---------------------------------------------------------------------------

    \1\ See Final Rule, National Ambient Air Quality Standards for
Ozone, 80 FR 65292 (October 26, 2015).
    \2\ EPA previously made findings of failure to submit with
respect to interstate transport obligations for the 2015 8-hour
ozone NAAQS for a number of other states. See 84 FR 66612 (December
5, 2019). As discussed further in this document, at the time EPA
made those findings, Alabama had provided a complete submission,
which it has subsequently withdrawn.
---------------------------------------------------------------------------

    On August 20, 2018, Alabama submitted a SIP revision to address the
interstate transport requirements for the 2015 8-hour ozone NAAQS. On
February 22, 2022, EPA proposed to disapprove Alabama's August 20,
2018, SIP revision because the Agency preliminarily determined, based
on updated EPA modeling, that Alabama's SIP revision did not meet CAA
requirements to contain the necessary provisions to eliminate emissions
that will contribute significantly to nonattainment or interfere with
maintenance of the 2015 8-hour ozone NAAQS in any other state. See 87
FR 9545. On April 21, 2022, Alabama withdrew its August 20, 2018, SIP
revision.\3\ Additionally, on that same day, Alabama provided EPA a new
SIP revision to address the CAA good neighbor interstate transport
requirements for the 2015 8-hour ozone NAAQS.
---------------------------------------------------------------------------

    \3\ See the docket for this action for a copy of Alabama's April
21, 2022, withdrawal letter.
---------------------------------------------------------------------------

    EPA evaluated the SIP revision that Alabama sent on April 21, 2022,
for completeness pursuant to the criteria in 40 CFR part 51, appendix
V, and found it to be an incomplete SIP submission.\4\ On June 14,
2022, EPA sent a letter to Alabama explaining the Agency's
incompleteness determination. This letter is included in the docket for
this action.\5\
---------------------------------------------------------------------------

    \4\ According to the CAA, a SIP revision may be considered
``complete'' by either of two methods: (1) EPA may make a
determination that a SIP is complete under the ``completeness
criteria'' set out at 40 CFR part 51, appendix V, see CAA section
110(k)(1); or (2) a SIP may be deemed complete by operation of law
if EPA has failed to make a completeness determination within six
months after receipt of the State's SIP submission, see CAA section
110(k)(1)(B).
    \5\ While this letter is included in the docket for this action,
and explains the deficiencies in the April 21, 2022, document, EPA
is not reopening its determination of incompleteness in this action.
---------------------------------------------------------------------------

    On June 15, 2022, EPA signed a finding of failure to submit for the
State of Alabama with respect to the April 21, 2022, SIP submission
addressing interstate transport obligations for the 2015 ozone NAAQS.
On the same day, EPA notified the State of this finding and posted a
prepublication version of the finding of failure to submit to its
website.
    On June 21, 2022, Alabama resubmitted a SIP submission to address
the CAA good neighbor interstate transport requirements for the 2015 8-
hour ozone NAAQS, which included the April submission, along with
additional information regarding completeness. On June 22, 2022, the
Office of the Federal Register published the finding of failure to
submit. See 87 FR 37235.
    EPA reviewed Alabama's June 21, 2022, SIP submission on the merits
and, on October 25, 2022, proposed to disapprove the submittal for
failing to adequately address good neighbor requirements under CAA
section 110(a)(2)(D)(i)(I) for the 2015 ozone NAAQS. See 87 FR 64412.
EPA is finalizing disapproval of the June 21 submission in a concurrent
action.

II. Rescission of the Finding of Failure To Submit for Alabama's
Interstate Transport SIP Submission for the 2015 Ozone NAAQS

    The June 21, 2022, submission has been deemed complete by operation
of law and contains within it the April 21, 2022, version that was
found incomplete. See CAA section 110(k)(1)(B). EPA acknowledges that
the bases for incompleteness of the April 21, 2022, submission were
relatively narrow. Alabama supplied additional information to EPA
regarding completeness after receipt of the incompleteness letter from
EPA. In light of this unique posture and the present circumstances
surrounding the finding of failure to submit and subsequent
developments, including EPA's decision to take substantive action on
the June 21, 2022, version of the SIP submission, the Agency is
rescinding the June 22, 2022, finding of failure to submit

contemporaneous with its separate final action disapproving Alabama's
June 21, 2022, version of the SIP submission.\6\
---------------------------------------------------------------------------

    \6\ Because the incompleteness letter returned the April 21,
2022, submission to the State, there is no further action that needs
to be taken on Alabama's April 21, 2022, submission. See CAA section
110(k)(1)(C).
---------------------------------------------------------------------------

    The Agency makes no determination here that the finding of failure
to submit was issued in error. EPA also notes that, with respect to the
CAA obligations at issue here, it remains the Agency's expressed
intention to finalize FIPs as needed for upwind states \7\--including,
potentially, Alabama--within the two-year statutory timeframe for EPA
to promulgate a FIP following either a disapproval of or a finding of
failure to submit a required SIP.
---------------------------------------------------------------------------

    \7\ See 87 FR 20036, 20038 (April 26, 2022), proposing FIPs for
Alabama and 25 other states, with intention to finalize in time for
emissions reductions to begin in the 2023 ozone season.
---------------------------------------------------------------------------

    This remains true for Alabama whether the two-year FIP deadline
would have run from the date of the finding of failure to submit or is
dated from the date of the disapproval action.
    EPA's obligation to promulgate a FIP addressing Alabama's good
neighbor obligations for the 2015 ozone NAAQS runs from the date of the
action disapproving the June 21, 2022, version of the submission.

III. Environmental Justice Considerations

    This action rescinds the procedural finding that Alabama failed to
submit a SIP revision to address CAA section 110(a)(2)(D)(i)(I) for the
2015 ozone NAAQS. EPA did not conduct an environmental justice analysis
for this action because it will not directly affect the air emissions
of particular sources. Because this action will not directly affect the
air emissions of particular sources, it does not affect the level of
protection provided to human health or the environment. Therefore, this
action will not have potential disproportionately high and adverse
human health or environmental effects on minority, low-income or
indigenous populations.

IV. Notice and Comment Under the Administrative Procedure Act (APA)

    Section 553 of the APA, 5 U.S.C. 553(b)(3)(B), provides that, when
an agency for good cause finds that notice and public procedure are
impracticable, unnecessary, or contrary to the public interest, the
agency may issue a rule without providing notice and an opportunity for
public comment. As discussed above, EPA is concurrently finalizing
action on Alabama's June 21, 2022, SIP submittal and will be subject to
the same obligations as it would be under a finding of failure to
submit (specifically, to promulgate a FIP or approve a SIP). Thus,
notice and comment are impracticable and unnecessary with respect to
issuance of this final action, as they were with the original finding
of failure to submit (FFS). EPA finds that this constitutes good cause
under 5 U.S.C. 553(b)(3)(B).

V. Statutory and Executive Order Reviews

A. Executive Orders 12866: Regulatory Planning and Executive Order
13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act. This final action does
not establish any new information collection requirement apart from
what is already required by law. This action rescinds the procedural
finding that Alabama failed to submit a complete SIP revision under
section 110(a)(2)(D)(i)(I) of the CAA for the 2015 ozone NAAQS.

C. Regulatory Flexibility Act (RFA)

    This action is not subject to notice and comment requirements
because the Agency has invoked the Administrative Procedure Act (APA)
``good cause'' exemption under 5 U.S.C. 553(b).

D. Unfunded Mandates Reform Act of 1995 (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments, or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects 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.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. This action rescinds the procedural finding that
Alabama failed to submit a complete SIP revision under section
110(a)(2)(D)(i)(I) of the CAA for the 2015 ozone NAAQS. No tribe is
subject to the requirement to submit a transport SIP under section
110(a)(2)(D)(i)(I) of the CAA for the 2015 ozone NAAQS. Thus, Executive
Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive order. This action is not subject to Executive Order
13045 because it rescinds the procedural finding that Alabama failed to
submit a complete SIP revision under section 110(a)(2)(D)(i)(I) of the
CAA for the 2015 ozone NAAQS and does not directly or
disproportionately affect children.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) directs
Federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations (people of color) and low-income
populations.
    EPA believes that this type of action does not concern human health
or environmental conditions and therefore cannot be evaluated with
respect to potentially disproportionate and adverse effects on people
of color, low-income populations and/or Indigenous peoples. This action
rescinds the procedural finding that Alabama failed to submit a SIP
revision to address CAA

section 110(a)(2)(D)(i)(I) for the 2015 ozone NAAQS and does not have a
direct connection to levels of air pollutants or controls to address
air emissions.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

L. Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 14, 2023. Filing a petition for
reconsideration by the Administrator of this final action does not
affect the finality of this action for the purposes of judicial review
nor does it extend the time within which a petition for judicial review
may be filed, and shall not postpone the effectiveness of such rule or
action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements.

    Dated: January 31, 2023.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2023-02408 Filed 2-10-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Notices]
[Pages 48475-48476]
[FR Doc No: 2018-20762]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84215; File No. SR-BX-2018-044]

Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Conform the
Exchange's By-Law Provisions Regarding the Chief Regulatory Officer to
Those of Its Affiliate, Nasdaq PHLX LLC

September 19, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 6, 2018, Nasdaq BX, Inc. (``BX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to conform the Exchange's By-Law provisions
regarding the Chief Regulatory Officer to those of its affiliate,
Nasdaq PHLX LLC.
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaqbx.cchwallstreet.com/, at the principal office
of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its By-Laws at Article V, Section
5.10 to conform its provisions regarding the Exchange's Chief
Regulatory Officer (``CRO'') to those of its affiliate, Nasdaq PHLX LLC
(``Phlx'').\3\ By-Law Article V, Section 5.10 presently requires that
an officer of the Exchange \4\ with the position of Executive Vice
President or Senior Vice President be designated as the CRO of the
Exchange. The Exchange now proposes to remove the requirement that the
CRO be an Executive Vice President or Senior Vice President of the
Exchange. The Exchange believes that this requirement is unnecessary
and notes that there may be officers of the Exchange who are well
qualified to serve in the CRO role, but who may not hold the position
of an Executive Vice President or Senior Vice President.\5\ The
Exchange does not seek to amend any of the current responsibilities of
the CRO as set forth in Section 5.10; \6\ rather, the proposed changes
are intended to give the Exchange more flexibility to attract and
retain well qualified officers to the role of CRO that are not
designated as an Executive Vice President or Senior Vice President of
the Exchange. As noted above, the Exchange desires to conform the
requirements to become CRO in its By-Laws to those in the By-Laws of
Phlx, which do not contain a similar restriction in Article IV, Section
4-7 of its By-Laws that its CRO be an Executive Vice President or
Senior Vice President of Phlx.\7\
---------------------------------------------------------------------------

    \3\ See Phlx By-Law Article IV, Section 4-7 (Chief Regulatory
Officer).
    \4\ In Exhibit 5, the references to ``Corporation'' mean the
Exchange.
    \5\ The Exchange notes that Phlx's CRO currently holds the
position of Vice President.
    \6\ The CRO's responsibilities include general supervision of
the regulatory operations of the Exchange, including responsibility
for overseeing the Exchange's surveillance, examination, and
enforcement functions and for administering any regulatory services
agreements with another SRO to which the Exchange is a party. In
addition, the CRO shall meet with the Regulatory Oversight Committee
of the Exchange in executive session at regularly scheduled meetings
of such committee, and at any time upon request of the CRO or any
member of the Regulatory Oversight Committee. Unlike Phlx, the
Exchange's By-Laws provide that the CRO may also serve as the
General Counsel of the Exchange. See By-Law Article V, Section 5.10.
    \7\ See note 5 above.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\8\ in general, and furthers the objectives of Section
6(b)(1) of the Act,\9\ in particular, in that it enables the Exchange
to be so organized so as to have the capacity to be able to carry out
the purposes of the Act and to comply, and to enforce compliance by its
members and persons associated with its members, with the provisions of
the Act, the rules and regulations thereunder, and the rules of the
Exchange. The Exchange also believes that this proposal furthers the
objectives of Section 6(b)(5) of the Act,\10\ in particular, in that it
is designed to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general to protect
investors and the public interest. The proposed changes will remove the
requirement currently in Article V, Section 5.10 of the Exchange's By-
Laws that the CRO be an Executive Vice President or Senior Vice
President of the Exchange. As discussed above, the current
responsibilities of the CRO as provided in Article V, Section 5.10
remain unchanged under this proposal, and the CRO will continue to have
general oversight of the regulatory operations of the Exchange and be
obligated to meet regularly with the Regulatory Oversight Committee.
The proposed rule change is intended to provide the Exchange with
greater flexibility to attract and retain capable individuals who are
well qualified to serve in the CRO role. In addition, the proposed
amendments will have the additional benefit of bringing the Exchange's
requirements on the CRO role into greater conformity with those of its
affiliate, Phlx, thereby creating equivalent standards among the
affiliated exchanges owned by Nasdaq, Inc. (``HoldCo'').\11\ As such,
the Exchange believes that its proposal will bring greater consistency
to its rules, which is beneficial to both investors and the public
interest.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(1).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ The Nasdaq Stock Market LLC (``NSM''), Nasdaq ISE, LLC
(``ISE''), Nasdaq GEMX, LLC (``GEMX''), and Nasdaq MRX, LLC will
file similar proposals to conform their By-Laws with Phlx's By-Laws.
ISE, GEMX, MRX, NSM, BX, and Phlx will hereinafter be referred to
collectively as ``Affiliated Exchanges.''

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

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 not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change does
not address competitive issues but relates to the administration and
functioning of the Exchange by allowing the Exchange greater
flexibility in attracting and retaining well qualified officers to the
role of CRO that are not designated as an Executive Vice President or
Senior Vice President.

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

    No written comments were either solicited or received.

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

    Because the foregoing 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 for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \12\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and 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 requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally
does not become operative prior to 30 days after the date of the
filing. However, Rule 19b-4(f)(6)(iii) \15\ permits the Commission to
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 proposed
rule change may become operative immediately upon filing. The Exchange
notes that waiver of the operative delay will allow it to amend its By-
Laws by September 26, 2018. The Exchange states that the boards of the
Affiliated Exchanges will collectively meet on that date to address,
among other matters, certain annual corporate ``housekeeping items,''
which the Exchange states has historically included Exchange officer
appointments. As such, the Commission believes that waiver of the
operative delay is consistent with the protection of investors and the
public interest. Therefore, the Commission hereby waives the 30-day
operative delay and designates the proposed rule change as operative
upon filing.\16\
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ For purposes only of waiving the 30-day operative delay,
the Commission has also 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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

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 protected]. Please include
File Number SR-BX-2018-044 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2018-044. 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 website (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 website 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-BX-2018-044 and should be submitted on
or before October 16, 2018.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
Brent J. Fields,
Secretary.
[FR Doc. 2018-20762 Filed 9-24-18; 8:45 am]
 BILLING CODE 8011-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on August 14, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST 2002-13217

________________________________________________________________________
________________________________________________________

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

Applicant:  AEROVIAS de MEXICO, S.A. de C.V.
                          Date Filed:  July 15, 2003

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to continue to conduct scheduled, combination service between
Loreto, Mexico, and San Diego, California.

If renewal, date and citation of last action:  August 28, 2002, in this
Docket.

Applicant representative:  William C. Evans,<PHONE_NUMBER>       DOT
analyst:  Allen F. Brown,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.			       			                            Action date:
August 14, 2003

Effective dates of authority granted:  August 14, 2003, through August
28, 2004.

Basis for approval:  United States-Mexico Air Transport Services
Agreement

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

Special conditions/Remarks:

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
_______________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

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

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

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


[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Notices]
[Page 66694]
[FR Doc No: 2018-27967]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER13-1589-002.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Midcontinent Independent System Operator, Inc. submits
tariff filing per 35.19a(b): Refund Report_RockGen Energy to be
effective N/A.
    Filed Date: 12/18/18.
    Accession Number: 20181218-5299.
    Comments Due: 5 p.m. ET 1/8/19.

    Docket Numbers: ER18-642-002.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Midcontinent Independent System Operator, Inc. submits
tariff filing per 35.19a(b): Refund Report_Settlers Trail Wind Farm to
be effective N/A.
    Filed Date: 12/18/18.
    Accession Number: 20181218-5298.
    Comments Due: 5 p.m. ET 1/8/19.

    Docket Numbers: ER18-2477-000.
    Applicants: DXT Commodities North America LLC.
    Description: Response of DXT Commodities North America LLC to
November 2, 2018 Deficiency Letter.
    Filed Date: 12/17/18.
    Accession Number: 20181217-5398.
    Comments Due: 5 p.m. ET 1/7/19.

    Docket Numbers: ER18-2520-002.
    Applicants: California Independent System Operator Corporation.
    Description: Compliance filing: 2018-12-18 Aliso Canyon Phase 4
Compliance to be effective 11/30/2018.
    Filed Date: 12/18/18.
    Accession Number: 20181218-5284.
    Comments Due: 5 p.m. ET 1/8/19.

    Docket Numbers: ER19-328-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Tariff Amendment: 2018-12-18_Amendment to Schedule 28
revisions related to Order 831 to be effective 12/31/9998.
    Filed Date: 12/18/18.
    Accession Number: 20181218-5281.
    Comments Due: 5 p.m. ET 1/8/19.

    Docket Numbers: ER19-587-000.
    Applicants: ALLETE, Inc., Midcontinent Independent System Operator,
Inc.
    Description: Sec.  205(d) Rate Filing: 2018-12-18_SA 3210 MP-SWLP
TALA to be effective 8/25/2010.
    Filed Date: 12/18/18.
    Accession Number: 20181218-5110.
    Comments Due: 5 p.m. ET 1/8/19.

    Docket Numbers: ER19-588-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revised SA No. 1313 NITSA
Among PJM and Central Virginia Electric Cooperative to be effective 12/
1/2018.
    Filed Date: 12/18/18.
    Accession Number: 20181218-5122.
    Comments Due: 5 p.m. ET 1/8/19.

    Docket Numbers: ER19-589-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 205 filing of SGIA among
NYISO, LIPA and Riverhead SA No. 2436 to be effective 11/29/2018.
    Filed Date: 12/18/18.
    Accession Number: 20181218-5175.
    Comments Due: 5 p.m. ET 1/8/19.

    Docket Numbers: ER19-590-000.
    Applicants: The Connecticut Light and Power Company.
    Description: Sec.  205(d) Rate Filing: Cricket Valley Energy Center
Related Facilities Agreement to be effective 2/17/2019.
    Filed Date: 12/18/18.
    Accession Number: 20181218-5296.
    Comments Due: 5 p.m. ET 1/8/19.

    Docket Numbers: ER19-591-000.
    Applicants: Cedars Rapids Transmission Company Limit.
    Description: Tariff Cancellation: Notice of Cancellation of Market-
Based Rate Tariff to be effective 2/17/2019.
    Filed Date: 12/18/18.
    Accession Number: 20181218-5330.
    Comments Due: 5 p.m. ET 1/8/19.
    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: December 18, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-27967 Filed 12-26-18; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)]
[Notices]
[Pages 43863-43864]
[FR Doc No: 2018-18599]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC18-140-000.
    Applicants: Pine River Wind Energy LLC, DTE Electric Company.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act, et al. of Pine River Wind Energy LLC, et al.
    Filed Date: 8/22/18.
    Accession Number: 20180822-5076.
    Comments Due: 5 p.m. ET 9/12/18.

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

    Docket Numbers: ER10-2137-021; ER10-2124-019; ER10-2125-020; ER10-
2127-018; ER10-2128-019; ER10-2130-020; ER10-2131-021; ER10-2132-019;
ER10-2133-020; ER10-2138-021; ER10-2139-021; ER10-2140-021; ER10-2141-
021; ER10-2764-019; ER11-3872-021; ER11-4044-021; ER11-4046-020; ER12-
164-020; ER14-2187-015; ER14-2798-013; ER14-2799-013; ER15-1041-009;
ER15-1873-009; ER15-2205-009; ER18-1197-002; ER18-1470-002; ER18-471-
003; ER18-472-003; ER18-491-002; ER18-492-002; ER18-494-002; ER18-784-
003.
    Applicants: Beech Ridge Energy LLC, Beech Ridge Energy II LLC,
Beech Ridge Energy II Holdings LLC, Beech Ridge Energy Storage LLC,
Bishop Hill Energy III LLC, Buckeye Wind Energy LLC, Camilla Solar
Energy LLC, Forward Energy LLC, Grand Ridge Energy LLC, Grand Ridge
Energy II LLC, Grand Ridge Energy III LLC, Grand Ridge Energy IV LLC,
Grand Ridge Energy V LLC, Grand Ridge Energy Storage LLC, Gratiot
County Wind LLC, Gratiot County Wind II LLC, Hardin Wind Energy, LLC,
Hardin Wind Energy Holdings LLC, Invenergy TN LLC, Judith Gap Energy
LLC, Pine River Wind Energy LLC, Prairie Breeze Wind Energy II LLC,
Prairie Breeze Wind Energy III LLC, Sheldon Energy LLC, Spring Canyon
Energy LLC, States Edge Wind I LLC, States Edge Wind I Holdings LLC,
Stony Creek Energy LLC, Upstream Wind Energy LLC, Vantage Wind Energy
LLC, Willow Creek Energy LLC, Wolverine Creek Energy LLC.
    Description: Notice of Change in Facts Under Market-Based Rate
Authority of Beech Ridge Energy LLC, et al.
    Filed Date: 8/22/18.
    Accession Number: 20180822-5089.
    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: ER18-2273-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Request for Waiver of Midcontinent Independent System
Operator, Inc.
    Filed Date: 8/21/18.
    Accession Number: 20180821-5115.
    Comments Due: 5 p.m. ET 9/11/18.

    Docket Numbers: ER18-2274-000.
    Applicants: Public Service Company of New Mexico.
    Description: Notice of cancellation of Interconnection Service
Agreement No. 208 of Public Service Company of New Mexico.
    Filed Date: 8/22/18.
    Accession Number: 20180822-5048.
    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: ER18-2275-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2018-08-22_SA 3159 ATC-WEPCo
Project Commitment Agreement (Berryville) to be effective 10/22/2018.
    Filed Date: 8/22/18.
    Accession Number: 20180822-5052.
    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: ER18-2276-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2018-08-22_SA 3160 ATC-WEPCo
Project Commitment Agreement (Somers) to be effective 10/22/2018.
    Filed Date: 8/22/18.
    Accession Number: 20180822-5065.
    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: ER18-2277-000.
    Applicants: Appalachian Power Company, Indiana Michigan Power
Company, Kentucky Power Company, Kingsport Power Company, Ohio Power
Company, Wheeling Power Company, AEP Appalachian Transmission Company,
Inc., AEP Indiana Michigan Transmission Company, Inc., AEP Kentucky
Transmission Company, Inc., AEP Ohio Transmission Company, Inc., AEP
West Virginia Transmission Company, Inc., PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: AEP et al submits revisions
to OATT, Att. H-14B and H-20B re Depreciation Rate to be effective 10/
22/2018.
    Filed Date: 8/22/18.
    Accession Number: 20180822-5079.
    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: ER18-2278-000.
    Applicants: Louisville Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: Joint Rate Sched FERC No.
509 IMEA Meter Installation Agmt to be effective 8/23/2018.
    Filed Date: 8/22/18.
    Accession Number: 20180822-5083.
    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: ER18-2279-000.
    Applicants: Kentucky Utilities Company.
    Description: Sec.  205(d) Rate Filing: LGE and KU Joint Rate
Schedule FERC No. 509 IMEA Meter Install Agmt to be effective 8/23/
2018.
    Filed Date: 8/22/18.
    Accession Number: 20180822-5088.
    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: ER18-2280-000.
    Applicants: Alliant Energy Corporate Services, Inc.
    Description: Sec.  205(d) Rate Filing: AECS Updated Rate Schedule 2
to be effective 10/22/2018.
    Filed Date: 8/22/18.
    Accession Number: 20180822-5101.
    Comments Due: 5 p.m. ET 9/12/18.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date.

Protests may be considered, but intervention is necessary to become a
party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 22, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-18599 Filed 8-27-18; 8:45 am]
 BILLING CODE 6717-01-P