[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Notices]
[Pages 46313-46314]
[FR Doc No: 2017-21281]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81756; File No. SR-GEMX-2017-40]

Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the
Schedule of Fees To Make It Clear That the Nasdaq GEMX Trades Feed Is a
Free Offering of the Exchange

September 28, 2017.
    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 15, 2017, Nasdaq GEMX, LLC (``GEMX'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III, 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\ 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 the Schedule of Fees to make it
clear that the Nasdaq GEMX Trades Feed is a free offering of the
Exchange provided to subscribers of at least one of the fee liable
real-time market data products offered on the Exchange.
    The text of the proposed rule change is available on the Exchange's
Web site at www.ise.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 purpose of the proposed rule change is to amend the Schedule of
Fees to make it clear that the Nasdaq GEMX Trades Feed (``Trades
Feed'') is a free offering of the Exchange provided to subscribers of
at least one of the fee liable real-time market data products offered
on the Exchange. On April 27, 2017 the Exchange filed a proposed rule
change to establish ports that members use to connect to the Exchange
with the migration of the Exchange's trading system to the Nasdaq INET
architecture.\3\ In that proposed rule change, the Exchange also
established the Trades Feed, which is a market data offering that
displays last trade information along with opening price, cumulative
volume, high and low prices for the day. The data provided for each
instrument includes the symbols (series and underlying security), put
or call indicator, expiration date, the strike price of the series, and
trading status. The Trades Feed is a free market data product provided
to subscribers of at

least one of the fee liable real-time market data products offered on
the Exchange--i.e., the Nasdaq GEMX Real-time Depth of Market Raw Data
Feed (``Depth Feed''), the Nasdaq GEMX Order Feed (``Order Feed''), and
the Nasdaq GEMX Top Quote Feed (``Top Quote Feed''). To make it clear
that the Trades Feed is a free offering of the Exchange, the Exchange
now proposes to add the Trades Feed to the Schedule of Fees at a price
of $0 per month for subscribers of the Depth Feed, Order Feed, or Top
Quote Feed.
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    \3\ See Securities Exchange Act Release No. 80649 (May 10,
2017), 82 FR 22595 (May 16, 2017) (SR-GEMX-2017-07).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\4\ in general, and Section
6(b)(4) of the Act,\5\ in particular, in that they are designed to
provide for the equitable allocation of reasonable dues, fees, and
other charges among its members and other persons using its facilities.
In particular, the Exchange believes that it is reasonable, equitable,
and not unfairly discriminatory to add the Trades Feed to the Schedule
of Fees at a cost of $0 per month for subscribers of the Depth Feed,
Order Feed, or Top Quote Feed to alert members to the availability of
this free market data product. The Exchange notes that the Trades Feed
is a current market data offering that the Exchange is adding to its
Schedule of Fees at this time to increase transparency to members.
While the Exchange previously noted this free product in the proposed
rule change that established the Trades Feed, the Exchange believes
that adding it to the Schedule of Fees will ensure that all members are
adequately apprised of its availability free of cost for subscribers of
the Depth Feed, Order Feed, or Top Quote Feed. The Exchange does not
believe that it is unfairly discriminatory to offer the Trades Feed
only to subscribers of one of the fee liable market data products
described above because those subscribers already have the appropriate
connections to receive real-time market data, and the fees paid for
those other products can offset costs associated with offering the
Trades Feed. Furthermore, the Exchange notes that the Trades Feed is
available to any interest [sic] market participant by paying the fees
associated with one of the fee liable real-time market data products.
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    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,\6\ the Exchange does
not believe that the proposed rule change will impose any burden on
intermarket or intramarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. As explained
above, the Exchange is adding the Trades Feed to the Schedule of Fees
at a cost of $0 per month for subscribers of the Depth Feed, Order
Feed, or Top Quote Feed to alert members to the availability of this
free market data product. The Exchange does not believe that adding
this free market data product to the Schedule of Fees will have any
significant competitive impact. All market participants can gain access
to the information contained in the Trades Feed by subscribing to any
of the fee liable real-time market data products described above.
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    \6\ 15 U.S.C. 78f(b)(8).
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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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\7\ 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.
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    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
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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-GEMX-2017-40 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-GEMX-2017-40. 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-GEMX-2017-40, and should be
submitted on or before October 25, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-21281 Filed 10-3-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 152 (Tuesday, August 7, 2012)]
[Rules and Regulations]
[Pages 46929-46932]
[FR Doc No: 2012-18625]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

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Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0802; Directorate Identifier 2012-NM-124-AD;
Amendment 39-17145; AD 2011-19-01 R1]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are revising an existing airworthiness directive (AD) that
applies to all Airbus Model A318, A319, A320, and A321 series
airplanes. The existing AD currently requires revising the airplane
flight manual (AFM) to include a procedure intended to address the
unsafe condition, an inspection of the firewall connector for signs of
arcing if an integrated drive generator (IDG) (or generator (GEN)) was
shut down in-flight automatically or using the AFM procedure, and
corrective action if necessary; and provides an optional terminating
action for certain AFM revision and inspections. This AD was prompted
by the potential for an inadvertent error by flightcrew to use the IDG
switch instead of the GEN switch when doing the AFM display unit
failure procedure required by the existing AD. This AD retains the
actions required by the existing AD and clarifies certain terminology.
We are issuing this AD to prevent transient loss of certain systems,
which could result in the reduced ability of the flightcrew to cope
with adverse flight conditions.

DATES: This AD becomes effective August 22, 2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
28, 2011 (76 FR 56279, September 13, 2011).
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of August
13, 2004 (69 FR 45243, July 29, 2004).
    We must receive comments on this AD by September 21, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

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 this AD, 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.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    On September 1, 2011, we issued AD 2011-19-01, Amendment 39-16806
(76 FR 56279, September 13, 2011). That AD required actions intended to
address an unsafe condition on the products listed above.
    Since we issued AD 2011-19-01, Amendment 39-16806 (76 FR 56279,
September 13, 2011), we have received information that there is
potential for an inadvertent error by flightcrew to use the ``IDG''
(integrated drive generator) switch instead of the ``GEN''
(abbreviation for generator) switch when doing the AFM display unit
failure procedure in this AD that requires turning off the integrated
drive generator under certain conditions. We find that it is necessary
to clarify our intent with the use of the acronym ``IDG'' in relation
to ``GEN,'' and to revise paragraphs (h), (i), and (k) of this AD to
refer to ``GEN.''

FAA's Determination and Requirements of this AD

    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 and service
information 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.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
transient loss of certain systems could result in the reduced ability
of the flightcrew to cope with adverse flight conditions. Therefore, we
determined that notice and opportunity for public comment before
issuing this AD are impracticable and that good cause exists for making
this amendment effective in fewer 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-2012-0802; Directorate
Identifier 2012-NM-124-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 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 AD.

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);
    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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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)
2011-19-01, Amendment 39-16806 (76 FR 56279, September 13, 2011), and
adding the following new AD:

2011-19-01 R1 Airbus: Amendment 39-17145; Docket No. FAA-2012-0802;
Directorate Identifier 2012-NM-124-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective August 22,
2012.

(b) Affected ADs

    This AD revises AD 2011-19-01, Amendment 39-16806 (76 FR 56279,
September 13, 2011).

(c) Applicability

    This AD applies to Airbus Model A318-111, A318-112, A318-121,
A318-122, A319-111, A319-112, A319-113, A319-114, A319-115, A319-
131, A319-132, A319-133, A320-111, A320-211, A320-212, A320-214,
A320-231, A320-232, A320-233, A321-111, A321-112, A321-131, A321-
211, A321-212, A321-213, A321-231, and A321-232 airplanes;
certificated in any category; all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 31: Instruments.

(e) Reason

    This AD was prompted by reports of transient loss of certain
systems and the potential for an inadvertent error by flightcrew to
use the IDG switch instead of the GEN switch when doing a certain
airplane flight manual (AFM) display unit failure procedure. We are
issuing this AD to prevent transient loss of certain systems, which
could result in the reduced ability of the flightcrew to cope with
adverse flight conditions.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Retained Revision of Airplane Flight Manual (AFM)

    This paragraph restates the requirements of paragraph (g) of AD
2011-19-01, Amendment 39-16806 (76 FR 56279, September 13, 2011).
For Airbus Model A319-131, -132, and -133, A320-231, -232, and -233,
and A321-131 and -231 series airplanes, except those airplanes on
which Airbus Modification 32943 has been incorporated in production:
Within 10 days after August 13, 2004 (the effective date of AD 2004-
15-14, Amendment 39-13748 (69 FR 45243, July 29, 2004)), revise the
Limitations section of the Airbus A318/319/320/321 AFM to include
the information in Temporary Revision (TR) 4.02.00/20, dated May 3,
2004. This may be done by inserting a copy of this TR into the AFM.
When this TR has been included in general revisions of the AFM,
those general revisions may be inserted into this AFM, provided the
relevant information in the general revisions is identical to that
in this TR. Accomplishing the actions required by paragraph (j) of
this AD terminates the requirements of this paragraph.

(h) Retained Post-Integrated Drive Generator Shutdown Inspection

    This paragraph restates the requirements of paragraph (h) of AD
2011-19-01, Amendment 39-16806 (76 FR 56279, September 13, 2011),
with replacement of the term ``IDG'' with ``GEN.'' For Airbus Model
A319-131, -132, and -133, A320-231, -232, and -233, and A321-131 and
-231 series airplanes, except those airplanes on which Airbus
Modification 32943 has been incorporated in production: If a GEN is
shut down by the flightcrew in accordance with the TR procedures
specified in paragraph (g) of this AD, or if a GEN is shut down
automatically before September 28, 2011 (the effective date of AD
2011-19-01), do the actions specified in paragraph (h)(1) or (h)(2)
of this AD. If a GEN is shut down automatically on or after
September 28, 2011, do the actions specified in paragraph (k) of
this AD.
    (1) Before further flight, inspect the firewall connector of the
affected GEN to detect signs of arcing, in accordance with a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA. If any sign of arcing is detected: Before
further flight, either repair the connector or replace the connector
with a new connector, in accordance with a method approved by the
Manager, International Branch, ANM-116.
    (2) Operate the airplane with the affected GEN inoperative in
accordance with the provisions and compliance periods specified in
the FAA-approved Master Minimum Equipment List or in accordance with
a method approved by the Manager, International Branch, ANM-116.
Before further use of the affected GEN, do the actions specified in
paragraph (h)(1) of this AD. As September 28, 2011 (the effective
date of AD 2011-19-01, Amendment 39-16806 (76 FR 56279, September
13, 2011), operate the airplane in accordance with a method approved
by the Manager, International Branch, ANM-116.

    Note 1 to paragraph (h) of this AD: Guidance on provisions and
compliance periods for operating the airplane with an inoperative,
affected GEN can be found in the FAA-approved Master Minimum
Equipment List.

(i) Retained Terminating Action for Paragraphs (g) and (h) of This AD
if Done Before September 28, 2011 (the Effective Date of AD 2011-19-01,
Amendment 39-16806 (76 FR 56279, September 13, 2011))

    This paragraph restates the requirements of paragraph (i) of AD
2011-19-01, Amendment 39-16806 (76 FR 56279, September 13, 2011),
with replacement of the term ``IDG'' with ``GEN.'' For Airbus Model
A319-131, -132, and -133, A320-231, -232, and -233, and A321-131 and
-231 series airplanes, except those airplanes on which Airbus
Modification 32943 has been incorporated in production: Replacement
of the GEN harnesses and connectors on both engines in accordance
with Airbus Service Bulletin A320-71-1030, dated February 27, 2003,
before September 28, 2011 (the effective date of AD 2011-19-01),
terminates the requirements of paragraphs (g) and (h) of this AD.

    Note 2 to paragraph (i) of this AD:  Airbus Service Bulletin
A320-71-1030, dated February 27, 2003, refers to International Aero
Engines Information Bulletin V2500-NAC-70-0736, dated January 28,
2003, as an additional source of guidance for the harness/connector
replacement specified in paragraph (i) of this AD.

(j) Retained AFM Revision

    This paragraph restates the requirements of paragraph (j) of AD
2011-19-01, Amendment 39-16806 (76 FR 56279, September 13, 2011).
For all airplanes: Within 10 days after September 28, 2011 (the
effective date of AD 2011-19-01), revise the applicable section of
the Airbus A318/319/320/321 AFM to include the information in Figure
1 to paragraph (j) of this AD or the information in Airbus TR TR112,
Issue 1.1, dated November 29, 2010, to the Airbus A318/319/320/321
AFM. This may be done by inserting a copy of this AD or Airbus TR
TR112, Issue 1.1, dated November 29, 2010, in the AFM. Accomplishing
the actions required by this paragraph terminates the requirements
of paragraph (g) of this AD.

    Note 3 to paragraph (j) of this AD:  When the information in
Figure 1 to paragraph (j) of this AD or Airbus TR TR112, Issue 1.1,
dated November 29, 2010, to the Airbus A318/319/320/321 AFM, has
been included in the applicable section of the general revisions of
the AFM, the general revisions may be inserted into the AFM, and the
copy of this AD may be removed from the AFM, provided the relevant
information in the general revisions is identical to that in Figure
1 to paragraph (j) of this AD or Airbus TR TR112, Issue 1.1, dated
November 29, 2010.

                          DISPLAY UNIT FAILURE
[ssquf] Affected DU blank or display distorted:
    Turn off affected DU as required.
     If ECAM DUs affected: Use ECAM/ND SEL
     If EFIS DUs affected: Use PFD/ND XFR.
[ssquf] Diagonal line or ``INVALID DATA'' on affected DU:
    Attempt to recover affected DU by using associated DMC switching.
     If unsuccessful: Turn off then on affected DU.
    [ssquf] Inversion of EWD and SD displays: Turn off then on ECAM
     upper display.
    [ssquf] Affected DU(s) or MCDU flashes intermittently:
        [ssquf] If Captain PFD or ND, both ECAM DUs or upper ECAM DU, or
         MCDU 1 is (are) affected: Turn off GEN 1.
            [ssquf] If DU(s) stop(s) flashing: Keen GEN 1 off for the
             rest of the flight. Use the sideslip indication to verify
             if the rudder trim needs to be reset. If necessary, reset
             the rudder trim. Note: Intermittent Electrical Power Supply
             Interruptions may cause offset in the rudder trim. Select
             AP and/or autothrust as required. APU may be started (Refer
             to NORM-49 Auxiliary Power Unit (APU) and APU generator may
             be used (if available).
            [ssquf] If DU(s) do(es) not stop flashing: Restore GEN 1.
        [ssquf] If First Officer PFD or ND, lower ECAM DU, or MCDU 2 is
         (are) affected: Turn off GEN 2.
            [ssquf] If DU(s) stop(s) flashing: Keep GEN 2 off for the
             rest of the flight. Use the sideslip indication to verify
             if the rudder trim needs to be reset. If necessary, reset
             the rudder trim. Note: Intermittent Electrical Power Supply
             Interruptions may cause offset in the rudder trim. Select
             AP and/or autothrust as required. APU may be started (Refer
             to NORM-49 Auxiliary Power Unit (APU)) and APU generator
             may be used (if available).
            [ssquf] If DU(s) do(es) not stop flashing: Restore GEN 2.
Figure 1 to Paragraph (j)

(k) Retained Post-Integrated Drive Generator Shutdown Inspection

    This paragraph restates the requirements of paragraph (k) of AD
2011-19-01, Amendment 39-16806 (76 FR 56279, September 13, 2011),
with replacement of the term ``IDG'' with ``GEN.'' For all
airplanes: If a GEN is shut down by the flightcrew in accordance
with the TR procedures specified in paragraph (j) of this AD, or if
a GEN is shut down automatically on or after September 28, 2011 (the
effective date of AD 2011-19-01), do the actions specified in
paragraph (k)(1) or (k)(2) of this AD.
    (1) Before further flight, inspect the firewall connector of the
affected GEN to detect signs of arcing, in accordance with a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA. If any sign of arcing is detected: Before
further flight, either repair the connector or replace the connector
with a new connector, in accordance with a method approved by the
Manager, International Branch, ANM-116.
    (2) Operate the airplane with the affected GEN inoperative in
accordance with a method approved by the Manager, International
Branch, ANM-116. Before further use of the affected GEN, do the
actions specified in paragraph (k)(1) of this AD.

    Note 4 to paragraph (k) of this AD:  Guidance on provisions and
compliance periods for operating the airplane with an inoperative,
affected GEN can be found in the FAA-approved Master Minimum
Equipment List.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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
Branch, send it to ATTN: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone (425) 227-
1405; fax<PHONE_NUMBER> 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. The AMOC approval letter must
specifically reference this AD. AMOCs approved previously for AD
2004-15-14, Amendment 39-13748 (69 FR 45243, July 29, 2004), are
acceptable for the corresponding provisions of this AD. AMOCs
approved previously in accordance with AD 2011-19-01, Amendment 39-
16806 (76 FR 56279, September 13, 2011), are not approved as AMOCs
with this AD.
    (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.

(m) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2011-0142, dated July 25, 2011, and the
service information identified in paragraphs (m)(1), (m)(2), and
(m)(3) of this AD for related information.
    (1) Airbus TR 4.02.00/20, dated May 3, 2004, to the Airbus A318/
319/320/321 AFM.
    (2) Airbus TR TR112, Issue 1.1, dated November 29, 2010, to the
Airbus A318/319/320/321 AFM.
    (3) Airbus Service Bulletin A320-71-1030, dated February 27,
2003.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
September 28, 2011 (76 FR 56279, September 13, 2011).
    (i) Airbus Temporary Revision TR112, Issue 1.1, dated November
29, 2010, to the Airbus A318/319/320/321 (AFM) Airplane Flight
Manual.
    (ii) Reserved.
    (4) The following service information was approved for IBR on
August 13, 2004 (69 FR 45243, July 29, 2004).
    (i) Airbus Service Bulletin A320-71-1030, dated February 27,
2003.
    (ii) Airbus Temporary Revision 4.02.00/20, dated May 3, 2004, to
the Airbus A318/319/320/321 AFM (Airplane Flight Manual).
    (5) For Airbus service information identified in this AD,
contact Airbus, Airworthiness Office--EAS, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (6) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (7) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on July 23, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-18625 Filed 8-6-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 193 (Friday, October 4, 2019)]
[Rules and Regulations]
[Pages 53061-53064]
[FR Doc No: 2019-21354]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0840; FRL-10000-67-Region 5]

Air Plan Approval; Wisconsin; Infrastructure SIP Requirements for
the 2012 PM2.5 NAAQS; Interstate Transport

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of the State Implementation Plan (SIP) submission from
Wisconsin regarding the infrastructure requirements of section 110 of
the Clean Air Act (CAA) for the 2012 annual fine particulate matter
(PM2.5) National Ambient Air Quality Standard (NAAQS or
standard). The infrastructure requirements are designed to ensure that
the structural components of each state's air quality management
program are adequate to meet the state's responsibilities under the
CAA. This action pertains specifically to infrastructure requirements
in the Wisconsin SIP concerning interstate transport provisions.

DATES: This final rule is effective on November 4, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0840. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Samantha Panock, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What is being addressed by this document?
II. What comments did we receive on the proposed action?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is being addressed by this document?

    On November 26, 2018, the Wisconsin Department of Natural Resources
(WDNR) submitted a request to EPA for approval of its infrastructure
SIP for the 2012 annual PM2.5 NAAQS. On April 30, 2019, EPA
proposed to approve the submission dealing with the first two
requirements (otherwise known as ``prongs'' one and two) of the
provision for interstate pollution transport under CAA section
110(a)(2)(D)(i), also known as the ``good neighbor'' provision.\1\
---------------------------------------------------------------------------

    \1\ There are four prongs to the Section 110(a)(2)(D)(i) ``good
neighbor'' provision, which require that state plans: (1) Prohibit
any source or other type of emissions activity in one state from
contributing significantly to nonattainment of the NAAQS in another
state; (2) prohibit any source or other type of emissions activity
in one state from interfering with maintenance of the NAAQS in
another state; (3) prohibit any source or other type of emissions
activity in one state from interfering with measures required to
prevent significant deterioration of air quality in another state;
and (4) protect visibility in another state.
---------------------------------------------------------------------------

    The November 26, 2018 submittal included a demonstration that
Wisconsin's SIP contains sufficient major programs related to the
interstate transport of pollution. Wisconsin's submittal also included
a technical analysis of its interstate transport of pollution relative
to the 2012 PM2.5 NAAQS which demonstrated that current
controls are adequate for Wisconsin to show that it meets prongs one
and two of the ``good neighbor'' provision. After review, EPA proposed
to approve Wisconsin's request relating

to prongs one and two of the ``good neighbor'' provision.

II. What comments did we receive on the proposed action?

    Our April 30, 2019 proposed rule provided a 30-day review and
comment period (84 FR 18191, April 30, 2019). The comment period closed
on May 30, 2019. EPA received one anonymous submission with adverse
comments. The adverse comments and EPA's responses are addressed below.
    Comment: The commenter asserts that a fire that occurred at the
U.S. Steel's Clairton Coke Works in Allegheny County, Pennsylvania
(Clairton Coke Works) destroyed sulfur dioxide (SO2)
controls at the facility resulting in high SO2 emissions. As
a result, the commenter states that Allegheny County will likely not
attain PM2.5 standards as SO2 is a
PM2.5 precursor. Therefore, the commenter asserts that
Wisconsin should quantify contributions of PM2.5 and
PM2.5 precursors to the Liberty monitor and further consider
any potential controls to lower its contributions.
    Response: EPA considered the comments and is finalizing its
proposed determination that the current Wisconsin submittal meets the
required infrastructure elements under CAA section 110(a)(2)(D)(i)(I),
specifically prongs one and two. EPA has two main reasons, each of
which is sufficient, by itself, to support its action. First, there are
no areas in Wisconsin or downwind of Wisconsin that are projected to
have nonattainment or maintenance problems by 2021, which is the
attainment deadline for 2012 PM2.5 NAAQS nonattainment areas
classified as Moderate. EPA discussed this point in detail in the
proposal, 84 FR 18193-94. As EPA noted, the downwind area of primary
concern is Allegheny County, Pennsylvania, due to monitor readings at
the Liberty Monitor. EPA explained why that monitor is expected to
attain and maintain the 2012 annual PM2.5 NAAQS by 2021. EPA
disagrees with the commenter assertion that a recent fire at Clairton
Coke Works resulted in increased emissions of SO2, a
PM2.5 precursor, which in the commenter's view, means that
the Liberty monitor should not be projected to attain and maintain the
NAAQS. Although recent fires at the Clairton Coke Works did result in
temporary outage of SO2 controls, the owner/operator of the
facility has resumed operation of the controls (News Release, ``Health
Department Verifies Clairton Coke Works Pollution Controls Are Back
Online,'' Allegheny County (June 18, 2019), https://www.alleghenycounty.us/Health-Department/Resources/Public-Health-Information/News-Releases.aspx). In addition, the owner/operator is
working with the Allegheny County Health Department to upgrade the
plant's particulate matter controls, (https://www.alleghenycounty.us/Health-Department/Programs/Air-Quality/Public-Comment-Notices.aspx).
Accordingly, EPA continues to take the position that the Liberty
monitor is expected to show attainment and maintenance in 2021.
    Second, EPA's proposal indicated that Wisconsin did not have the
potential to contribute to the Liberty monitor in Allegheny County,
Pennsylvania. While we did not receive adverse comments on that
discussion in the proposal, for this final rulemaking we have reviewed
and included the additional, supportive information. Accordingly, we
conclude that Wisconsin's emissions will not be large enough to
significantly contribute to nonattainment, or interfere with
maintenance, at the Liberty monitor, even if that monitor was projected
to have nonattainment or maintenance problems.
    For the 1997 and 2006 PM2.5 NAAQS, we used air quality
modeling and an air quality threshold of one percent of the
PM2.5 NAAQS to link contributing states to projected
nonattainment or maintenance receptors (76 FR 48237, August 8, 2011).
That is, if an upwind state contributes less than the one percent
screening threshold to a downwind nonattainment or maintenance
receptor, we determine that the state is not ``linked'' and therefore
does not significantly contribute to nonattainment or maintenance
problems at that receptor. We have not set an air quality threshold for
the 2012 PM2.5 NAAQS and we do not have air quality modeling
showing contributions to projected nonattainment or maintenance
receptors for this NAAQS.
    EPA believes that a proper and well-supported weight of evidence
approach can provide sufficient information for purposes of addressing
transport with respect to the 2012 PM2.5 annual NAAQS. We
rely on the Cross-State Air Pollution Rule (CSAPR) air quality modeling
conducted for purposes of evaluating upwind state impacts on downwind
air quality with respect to the 1997 annual PM2.5 NAAQS of
15 micrograms per cubic meter ([micro]g/m\3\) (as well as the 2006 24-
hour PM2.5 NAAQS, and 1997 Ozone NAAQS). Although not
conducted for purposes of evaluating the 2012 annual PM2.5
NAAQS, this modeling can inform our analysis regarding both the general
magnitude of downwind PM2.5 impacts and the downwind
distance in which states may contribute to receptors with respect to
the 2012 annual PM2.5 NAAQS of 12 [micro]g/m\3\. If the same
one percent contribution threshold used in CSAPR for the 1997 and 2006
PM2.5 NAAQS is applied to the 2012 PM2.5 NAAQS,
we could consider the fact that a state's impact was below 0.12
[micro]g/m\3\. And in fact, as described in more detail below, the
Wisconsin PM2.5 contribution to the Liberty monitor in the
CSAPR modeling was less than one percent of the 2012 PM2.5
NAAQS. We also note that Wisconsin's submittal, as discussed below,
relies on several factors to support a finding that emissions from
Wisconsin sources do not significantly contribute to nonattainment, or
interfere with maintenance of, the 2012 PM2.5 NAAQS in
downwind states.
    We note that no single piece of information is by itself
dispositive of the issue. Instead, the total weight of all the evidence
taken together is used to evaluate significant contributions to
nonattainment or interference with maintenance of the 2012
PM2.5 NAAQS in another state.
    Wisconsin's submittal used this weight-of-evidence approach to
demonstrate that controls and emission limits already in place in
Wisconsin are sufficient to ensure that emissions in the State will not
significantly contribute to nonattainment, or interfere with
maintenance, in any downwind state, including Allegheny County,
Pennsylvania, for the PM2.5 NAAQS. The EPA proposal stated
that Wisconsin's nearest point to the Liberty monitor is about 500
miles away, and therefore precursor emissions are likely to be
thoroughly dispersed over that distance. Moreover, EPA and Wisconsin
did quantify Wisconsin's PM2.5 and PM2.5
precursor emissions and demonstrated an overall declining trend. As a
regional pollutant, the majority of PM2.5 is formed via
reactions in the atmosphere between PM2.5 precursors,
including SO2 and Nitrogen Oxides (NOX). As noted
in both the Wisconsin submittal and the EPA proposal, a review of the
National Emissions Inventory data for Wisconsin shows that
SO2 emissions decreased by 68% and NOX decreased
by 50% from 2002 to 2014 in the State. Moreover, the Wisconsin
submission reports PM2.5 design values decreased by around
37% on average in most of the State between 2001-2003 and 2015-2017.
The reductions in PM2.5 precursor emissions and monitored
PM2.5 concentrations resulted from the implementation of an
array of permanent and enforceable control measures that apply to
Wisconsin sources. Emission control

programs are implemented for each emission source sector for the
PM2.5 precursors, NOX, Volatile Organic Carbons
(VOCs), and SO2, as well as direct PM2.5. Some
programs include Wisconsin NOX Reasonably Available Control
Technology (RACT), Federal NOX transport rules, VOC RACT/
Control Techniques Guidelines, National Emission Standards for
Hazardous Air Pollutants, and Federal on-road mobile source control
programs. Continued implementation of these measures will ensure that
Wisconsin will not significantly contribute to any PM2.5
nonattainment problems, or interfere with any maintenance problems, in
other states.
    Moreover, in its submittal, Wisconsin used modeling results to
quantify the potential impact of Wisconsin's emissions on the Liberty
monitor in Allegheny County, Pennsylvania. Wisconsin referenced the EPA
modeling from previous PM2.5 standards (1997 and 2006) to
show past contributions have been under the one percent threshold.
Specifically, Wisconsin examined the photochemical modeling results
from EPA's original CSAPR analysis. In this modeling, EPA found that
Wisconsin only contributed 0.10 [micro]g/m\3\ of the PM2.5
at the Liberty monitor in 2012. This amounts to 0.83% of the 2012
PM2.5 NAAQS, below the one percent contribution threshold
used in CSAPR for the 1997 and 2006 PM2.5 NAAQS. This
contribution-based analysis almost certainly overestimates Wisconsin's
contribution since PM2.5 precursor emissions from Wisconsin
sources decreased significantly from 2012 to 2017 as mentioned
previously. This analysis is evidence that Wisconsin does not
contribute to PM2.5 concentrations at the Liberty monitor,
and therefore that the State will not significantly contribute to
nonattainment or interfere with maintenance at the monitor, even if it
were considered a downwind receptor.
    In conclusion, the current Wisconsin submittal meets the required
infrastructure elements under CAA section 110(a)(2)(D)(i)(I),
specifically prongs one and two, as proposed by EPA.

III. What action is EPA taking?

    In this action, EPA is approving the portion of Wisconsin's
November 26, 2018 submission certifying that the current Wisconsin SIP
is sufficient to meet the required infrastructure requirements under
CAA section 110(a)(2)(D)(i)(I), specifically prongs one and two, as set
forth above.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under CAA section 307(b)(1), petitions for judicial review of this
action must be filed in the United States Court of Appeals for the
appropriate circuit by December 3, 2019. Filing a petition for
reconsideration by the Administrator of this final rule 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. This action may not be challenged later in proceedings to
enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: September 19, 2019.
Cathy Stepp,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

0
2. Section 52.2591 is amended by revising paragraph (h) and removing
and reserving paragraph (k) to read as follows:

Sec.  52.2591   Section 110(a)(2) infrastructure requirements.

* * * * *
    (h) Approval. In a July 13, 2015, submission, supplemented August
8, 2016, WDNR certified that the State has satisfied the infrastructure
SIP requirements of section 110(a)(2)(A) through (H), and (J) through
(M) for the 2012 PM2.5 NAAQS. We are not taking action on
the stationary source monitoring and reporting requirements of section
110(a)(2)(F). We will address these requirements in a separate action.
* * * * *
[FR Doc. 2019-21354 Filed 10-3-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 210 (Tuesday, November 1, 2022)]
[Notices]
[Pages 65756-65758]
[FR Doc No: 2022-23735]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-3-000]

Tres Palacios Gas Storage, LLC; Notice of Application and
Establishing Intervention Deadline

    Take notice that on October 12, 2022, Tres Palacios Gas Storage LLC
(Tres Palacios), 811 Main Street, Suite 3400, Houston, Texas 77002,
filed in Docket No. CP23-3-000, an application pursuant to sections
7(b) and 7(c) of the Natural Gas Act (NGA) and Part 157 of the
Commission's regulations, for authorization to expand its natural gas
storage capacity at the existing Tres Palacios natural gas storage
facility in Matagorda County, Texas.
    Specifically, Tres Palacios proposes to: (1) convert and
incorporate an existing third-party brine production well (Trull 11)
into an additional natural gas storage cavern (Cavern 4) that will add
6.5 billion cubic feet (Bcf) of working gas capacity and 3.5 Bcf of
base gas capacity; (2) develop the Trull 11 well pad site; (3)
construct a 0.6 mile, 16-inch-diameter pipeline connecting Cavern 4 to
the storage facility; (4) install a new 5,500 horsepower (hp) electric-
motor driven reciprocating compressor unit; (5) add a new dehydration
unit; (6) abandon in-place a 15,300 hp electric-motor driven
centrifugal compressor unit; and (7) construct various appurtenances.
Further, Tres Palacios requests reaffirmation of its market-based rate
authority and related authorizations and waivers, all as more fully set
forth in the request which is on file with the Commission and open to
public inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Any questions regarding the application should be directed to
Kimberly Gee, Assistant General Counsel, Crestwood Midstream Partners
LP, 811 Main Street, Suite 3400, Houston, Texas 77002, by telephone at
(832) 519-2200, or by email at: [email protected].
    Pursuant to section 157.9 of the Commission's Rules of Practice and
Procedure,\1\ within 90 days of this Notice the Commission staff will
either: complete its environmental review and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or environmental
assessment (EA) for this proposal. The filing of an EA in the
Commission's public record for this proceeding or the issuance of a
Notice of Schedule for Environmental Review will serve to notify
federal and state agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of

the date of issuance of the Commission staff's FEIS or EA.
---------------------------------------------------------------------------

    \1\ 18 CFR (Code of Federal Regulations) 157.9.
---------------------------------------------------------------------------

Public Participation

    There are two ways to become involved in the Commission's review of
this project: you can file comments on the project, and you can file a
motion to intervene in the proceeding. There is no fee or cost for
filing comments or intervening. The deadline for filing a motion to
intervene is 5:00 p.m. Eastern Time on November 16, 2022.

Comments

    Any person wishing to comment on the project may do so. Comments
may include statements of support or objections to the project as a
whole or specific aspects of the project. The more specific your
comments, the more useful they will be. To ensure that your comments
are timely and properly recorded, please submit your comments on or
before November 16, 2022.
    There are three methods you can use to submit your comments to the
Commission. In all instances, please reference the Project docket
number CP23-3-000 in your submission.
    (1) You may file your comments electronically by using the eComment
feature, which is located on the Commission's website at www.ferc.gov
under the link to Documents and Filings. Using eComment is an easy
method for interested persons to submit brief, text-only comments on a
project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. With eFiling, you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; first select ``General'' and then select ``Comment on a
Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address below. Your written comments must reference the
Project docket number (CP23-3-000).
    To file via USPS: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    To file via any other method: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland
20852.
    The Commission encourages electronic filing of comments (options 1
and 2 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected]
    Persons who comment on the environmental review of this project
will be placed on the Commission's environmental mailing list, and will
receive notification when the environmental documents (EA or EIS) are
issued for this project and will be notified of meetings associated
with the Commission's environmental review process.
    The Commission considers all comments received about the project in
determining the appropriate action to be taken. However, the filing of
a comment alone will not serve to make the filer a party to the
proceeding. To become a party, you must intervene in the proceeding.
For instructions on how to intervene, see below.

Interventions

    Any person, which includes individuals, organizations, businesses,
municipalities, and other entities,\2\ has the option to file a motion
to intervene in this proceeding. Only intervenors have the right to
request rehearing of Commission orders issued in this proceeding and to
subsequently challenge the Commission's orders in the U.S. Circuit
Courts of Appeal.
---------------------------------------------------------------------------

    \2\ 18 CFR 385.102(d).
---------------------------------------------------------------------------

    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \3\ and the regulations under the NGA \4\ by the
intervention deadline for the project, which is November 16, 2022. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
---------------------------------------------------------------------------

    \3\ 18 CFR 385.214.
    \4\ 18 CFR 157.10.
---------------------------------------------------------------------------

    There are two ways to submit your motion to intervene. In both
instances, please reference the Project docket number CP23-3-000 in
your submission.
    (1) You may file your motion to intervene by using the Commission's
eFiling feature, which is located on the Commission's website
(www.ferc.gov) under the link to Documents and Filings. New eFiling
users must first create an account by clicking on ``eRegister.'' You
will be asked to select the type of filing you are making; first select
``General'' and then select ``Intervention.'' The eFiling feature
includes a document-less intervention option; for more information,
visit https://www.ferc.gov/docs-filing/efiling/document-less-intervention.pdf; or
    (2) You can file a paper copy of your motion to intervene, along
with three copies, by mailing the documents to the address below. Your
motion to intervene must reference the Project docket number CP23-3-
000.
    To file via USPS: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    To file via any other method: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland
20852.
    The Commission encourages electronic filing of motions to intervene
(option 1 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected]
    Protests and motions to intervene must be served to the applicant
either by mail or email (with a link to the document) at: Kimberly Gee,
Assistant General Counsel, Crestwood Midstream Partners LP, 811 Main
Street, Suite 3400, Houston, Texas 77002, or [email protected].
Any subsequent submissions by an intervenor must be served on the
applicant and all other parties to the proceeding. Contact information
for parties can be downloaded from the service list at the eService
link on FERC Online.
    All timely, unopposed \5\ motions to intervene are automatically
granted by operation of Rule 214(c)(1).\6\ Motions to intervene that
are filed after the intervention deadline are untimely, and may be
denied. Any late-filed motion to intervene must show good cause for
being late and must explain why the time limitation should be waived
and provide justification by reference to factors set forth in Rule
214(d) of the Commission's Rules and Regulations.\7\ A person obtaining
party status will be placed on the service list maintained by the
Secretary of the Commission and will receive copies (paper or
electronic)

of all documents filed by the applicant and by all other parties.
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    \5\ The applicant has 15 days from the submittal of a motion to
intervene to file a written objection to the intervention.
    \6\ 18 CFR 385.214(c)(1).
    \7\ 18 CFR 385.214(b)(3) and (d).
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Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at http://www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.
    Intervention Deadline: 5:00 p.m. Eastern Time on November 16, 2022.

    Dated: October 26, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-23735 Filed 10-31-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 12, 2007 (Volume 72, Number 133)]
[Notices]
[Page 38072]
[DOCID:fr12jy07-49]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP01-382-017]

Northern Natural Gas Company; Notice of Filing of Reimbursement
Report

July 5, 2007.
    Take notice that on June 29, 2007, pursuant to its FERC Gas Tariff,
Northern Natural Gas Company (Northern) has filed various schedules
detailing the Carlton buyout and surcharge dollars reimbursed to the
appropriate parties.
    Northern further states that copies of the filing have been mailed
to each of its customers and interested state commissions.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing 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. Such protests
must be filed on or before the date as indicated below. Anyone filing a
protest must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests 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 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 July 12, 2007.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-13515 Filed 7-11-07; 8:45 am]

BILLING CODE 6717-01-P


ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [ R03 OAR 2005 PA 0007; FRL ]

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; NOx RACT Determination for Koppers Industry, Inc.

AGENCY: Environmental Protection Agency ( EPA).

ACTION: Final rule.

SUMMARY: EPA is approving a State Implementation Plan ( SIP) revision submitted by the Commonwealth of Pennsylvania. The revision was submitted by the Pennsylvania Department of Environmental Protection ( PADEP) to establish and require reasonably available control technology ( RACT) for Koppers Industry, Inc. located in Lycoming County. EPA is approving this revision to establish RACT requirements in the SIP in accordance with the Clean Air Act ( CAA).

DATES: This rule is effective on [ Insert date 30 days after publication in the Federal Register].

ADDRESSES: EPA has established a docket for this action under Regional Material in EDocket ( RME) ID Number R03 OAR 2005 PA 0007. All documents in the docket are listed in the www. regulations. gov website. Although listed in the electronic docket, some information is not publicly available, i. e., confidential business information ( CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www. regulations. gov or in hard copy for public inspection 2 during normal business hours at the Air Protection Division, U. S. Environmental Protection Agency,

Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Pennsylvania Department of Environmental Protection, Bureau of Air Quality, P. O.

Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: LaKeshia N. Robertson, ( 215) 814 2113, or by e mail at robertson. lakeshia@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. Background On August 30, 2004, the PADEP submitted formal SIP revisions to establish RACT for 15 sources located in Pennsylvania. On March 31, 2005 ( 70 FR 16423), EPA published a direct final rule ( DFR) approving revisions to PADEP issued operating permits ( OP) and plan approvals ( PA) for these 15 sources. A description of these revisions and EPA's rationale for approving them were provided in the March 31, 2005 rulemaking and will not be restated herein. In accordance with direct final rulemaking procedures, on March 31, 2005 ( 70 FR 16471), EPA also published a companion notice of proposed rulemaking for these SIP revisions, inviting interested parties to comment on the DFR. On April 29, 2005, EPA received an adverse comment on its approval of the nitrogen oxides ( NOx) RACT determination for Koppers Industry, Inc ( OP 41 0008). Due to the receipt of the adverse comment on the Koppers Industry, Inc. RACT determination, EPA published a partial withdrawal of the direct final rule on May 26, 2005 ( 70 FR 30377). This withdrawal applied to the Koppers facility only. 3 EPA received no adverse comments on its approval of RACT determination for the remaining 14 sources, and, therefore, EPA's March 31, 2005 DFR approving PADEP's RACT determination for the other 14 sources became effective on May 31, 2005.

II. Final Action On May 18, 2006, Koppers, Inc. sent an email requesting the withdrawal of the adverse comment submitted on April 29, 2005. EPA is now approving PADEP's RACT determination for Koppers Inc., located in Lycoming County.

III. Statutory and Executive Order Reviews A. General Requirements Under Executive Order 12866 ( 58 FR 51735, October 4, 1993), this action is not a " significant regulatory action" and therefore is not subject to review by the Office of Management and Budget.

For this reason, this action is also not subject to Executive Order 13211, " Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use" ( 66 FR 28355, May 22,

2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act ( 5 U. S. C. 601 et seq.). Because this rule approves pre existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 ( Public Law 104 4). 4 This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes,

as specified by Executive Order 13175 ( 65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does 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, as specified in Executive Order 13132 ( 64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 AProtection of Children from Environmental Health Risks and Safety Risks@ ( 62 FR 19885, April 23, 1997),

because it is not economically significant.

In reviewing SIP submissions, EPA= s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards ( VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12( d) of the National Technology Transfer and Advancement Act of 1995 ( 15 U. S. C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 ( 44 U. S. C. 3501 et seq.). 5 B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U. S. C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. Section 804 exempts from section 801 the following types of rules: ( 1) rules of particular applicability; ( 2) rules relating to agency management or personnel; and ( 3) rules of agency organization, procedure, or practice that do not substantially affect the rights or obligations of non agency parties. 5 U. S. C. 804( 3). EPA is not required to submit a rule report regarding today= s action under section 801 because this is a rule of particular applicability establishing source specific requirements for one named source.

C. Petitions for Judicial Review Under section 307( b)( 1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by [ insert date 60 days from date of publication of this document in the Federal Register]. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule 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. 6 This action, pertaining to RACT for Koppers Industry, Lycoming County may not challenged later in proceedings to enforce its requirement. ( See section 307 ( b)( 2).)

List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.

/ s/ _________________ __________________________ Dated: June 26, 2006 William T. Wisniewski, Acting Regional Administrator, Region III. 7 40 CFR part 52 is amended as follows:

PART 52  [ AMENDED]

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

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

Subpart NNB Pennsylvania 2. In § 52.2020, the table in paragraph ( d)( 1) is amended by adding the entry for Koppers Industries,

Inc. at the end of the table to read as follows:

' 52.2020 Identification of plan.

* * * * *

( d) * * *

( 1)* * *

Name of source Permit number County State effective date EPA approval date Additional explanation/

' 52.2063 citation * * * * * * *

Koppers Industry, Inc. OP 41 0008 Lycoming 3/ 30/ 99 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( s)

* * * * *


[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Notices]
[Pages 59847-59848]
[FR Doc No: 2015-25093]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Opportunity for Public Comment on Surplus Property
Release at Manchester-Boston Regional Airport in Manchester, NH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for Public Comments.

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SUMMARY: Under the provisions of Title 49, U.S.C. Section 47153(d),
notice is being given that the FAA is considering a request from
Manchester-Boston Regional Airport in Manchester, NH to waive the
surplus property requirements for approximately 16.90 acres of airport
property located at

Manchester-Boston Regional Airport in Manchester, NH.
    The subject parcel is currently undeveloped and has been identified
for commercial development on the current Airport Layout Plan. The
airport will retain the land to generate a long term lease revenue for
the airport and thus, is requesting a release to change the property
from aeronautical use to non-aeronautical use. It has been determined
through study and master planning that the subject parcel will not be
needed for aeronautical purposes is not contiguous to the airport
proper. Full and permanent relief of the surplus property requirements
on this parcel will allow the airport to generate long term revenue
through lease of the land. All lease revenue will continue to be
subject to the FAAs revenue-use policy and dedicated to the maintenance
and operation of the Manchester-Boston Regional Airport.

DATES: Comments must be received on or before November 2, 2015.

ADDRESSES: You may send comments using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov, and follow the instructions on providing comments.
     Fax:<PHONE_NUMBER>
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W 12-140, 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.
    Interested persons may inspect the request and supporting documents
by contacting the FAA at the address listed under FOR FURTHER
INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Mr. Jorge E. Panteli, Compliance and
Land Use Specialist, Federal Aviation Administration New England Region
Airports Division, 12 New England Executive Park, Burlington,
Massachusetts, Telephone<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts on September 23, 2015.
Mary T. Walsh,
Manager, Airports Division.
[FR Doc. 2015-25093 Filed 10-1-15; 8:45 am]
 BILLING CODE P