[Federal Register: September 21, 2009 (Volume 74, Number 181)]
[Proposed Rules]
[Page 48021-48024]
[DOCID:fr21se09-13]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0864; Directorate Identifier 2008-NM-202-AD]
RIN 2120-AA64

Airworthiness Directives; Dassault Model Falcon 10 Airplanes;
Model Fan Jet Falcon Airplanes; Model Mystere-Falcon 200 Airplanes;
Model Mystere-Falcon 20-C5, 20-D5, 20-E5, and 20-F5 Airplanes; Model
Falcon 2000 and Falcon 2000EX Airplanes; and Model Mystere-Falcon 50
and 900, and Falcon 900EX Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    During maintenance on one aircraft, it was discovered that the
overpressure capsules were broken on both pressurization valves.
Failure of the pressurization control regulating valve (overpressure
capsule) will affect the aircraft's overpressure protection. * * *
* * * * *
    The unsafe condition is overpressurization, which can result in
injury to the occupants and possible structural failure leading to loss
of control of the airplane. The proposed AD would require actions that
are intended to address the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by October 21,
2009.

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 W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 07606;
telephone<PHONE_NUMBER>; Internet http://www.dassaultfalcon.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket 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: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0864;
Directorate Identifier 2008-NM-202-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD 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 proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2008-0072,

dated April 18, 2008 (referred to after this as ``the MCAI''), to
correct an unsafe condition for the specified products. The MCAI
states:

    During maintenance on one aircraft, it was discovered that the
overpressure capsules were broken on both pressurization valves.
Failure of the pressurization control regulating valve (overpressure
capsule) will affect the aircraft's overpressure protection,
possibly resulting in a structural failure in case of combination
with another pressurization system failure. Consequently, Dassault
Aviation has developed a repetitive check of this outflow valve
capsule, which has already been introduced into the Maintenance of
Components section (chapter 5-20) of the relevant Aircraft
Maintenance Manuals (AMM).
    For the reason described above, this EASA [European Aviation
Safety Agency] Airworthiness Directive (AD) requires a repetitive
check of the outflow valve overpressure capsule, as it will also be
introduced into the Airworthiness Limitations section (chapter 5-40)
of the respective AMMs.

    The unsafe condition is overpressurization, which can result in
injury to the occupants and possible structural failure leading to loss
of control of the airplane. Required actions include repetitive
inspections for overpressure tightness on both regulating valves, and
replacing the affected valve with a serviceable unit, if necessary. You
may obtain further information by examining the MCAI in the AD docket.

FAA's Determination and Requirements of This Proposed 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 referenced
above. We are proposing this AD because we evaluated all pertinent
information and determined an unsafe condition exists and is likely to
exist or develop on other products of the same type design.

Differences Between This AD and the MCAI or Service Information

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

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 1,082 products of U.S. registry. We also estimate
that it would take about 1 work-hour per product to comply with the
basic requirements of this proposed AD. The average labor rate is $80
per work-hour. Based on these figures, we estimate the cost of the
proposed AD on U.S. operators to be $86,560, or $80 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Dassault Aviation (Formerly Avions Marcel Dassault-Breguet Aviation
(AMD/BA)): Docket No. FAA-2009-0864; Directorate Identifier 2008-NM-
202-AD.

Comments Due Date

    (a) We must receive comments by October 21, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the Dassault airplanes identified in
paragraphs (c)(1) and (c)(2) of this AD, certificated in any
category.
    (1) Model Falcon 10 airplanes, Model Fan Jet Falcon airplanes,
and Model Mystere-Falcon 20-C5, 20-D5, 20-E5, and 20-F5 airplanes,
all serial numbers, equipped with Liebherr or ABG-Semca
pressurization outflow valves.
    (2) Model Mystere-Falcon 200 airplanes, Model Mystere-Falcon 50
and 900, and Falcon 900EX airplanes, and Model Falcon 2000 and
Falcon 2000EX airplanes, all serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 21: Air
Conditioning.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    During maintenance on one aircraft, it was discovered that the
overpressure capsules were broken on both pressurization valves.
Failure of the pressurization control regulating valve (overpressure
capsule) will affect the aircraft's overpressure protection,
possibly resulting in a structural failure in case of combination
with another pressurization system failure. Consequently, Dassault
Aviation has developed a repetitive check of this outflow valve
capsule, which has already been introduced into the Maintenance of
Components section (chapter 5-20) of the relevant Aircraft
Maintenance Manuals (AMM).
    For the reason described above, this EASA [European Aviation
Safety Agency] Airworthiness Directive (AD) requires a repetitive
check of the outflow valve

overpressure capsule, as it will also be introduced into the
Airworthiness Limitations section (chapter 5-40) of the respective
AMMs.

The unsafe condition is overpressurization, which can result in
injury to the occupants and possible structural failure leading to
the loss of control of the airplane. Required actions include
repetitive inspections for overpressure tightness on both regulating
valves, and replacing the affected valve with a serviceable unit, if
necessary.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 6 months after the effective date of this AD, or
before reaching the applicable time in the ``Inspection Threshold''
column specified in Table 1 of this AD, whichever occurs later, and
thereafter at intervals not to exceed the applicable time in the
``Inspection Interval'' column specified in Table 1 of this AD:
Inspect for overpressure tightness on both regulating valves using a
method approved by either the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or the European Aviation
Safety Agency (or its delegated agent).

                                            Table 1--Compliance Times
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
        Affected airplanes             Inspection threshold (whichever occurs     Inspection interval
                                                        later)
----------------------------------------------------------------------------------------------------------------
Fan Jet Falcon, and Mystere-Falcon  Prior to the           Within 1,250 flight    1,250 flight hours.
 20-C5, 20-D5, 20-E5, and 20-F5      accumulation of        hours after the
 equipped with Liebherr or ABG-      1,250 total flight     valve was cleaned in
 Semca valves part number (P/N)      hours on the           accordance with this
 209xx0xxx0x;.                       regulating valve       AD.
Mystere-Falcon 200; and...........   since new.
Falcon 10, equipped with Liebherr
 or ABG-Semca valves P/N
 209xx0xxx0x..
----------------------------------------------------------------------------------------------------------------
Mystere-Falcon 50;................  Prior to the           Within 1,630 flight    1,630 flight hours.
Mystere-Falcon 900; and...........   accumulation of        hours after the
Falcon 900EX (including ``F900EX-    1,630 total flight     valve was cleaned in
 EASy'' and ``F900DX'') Falcon       hours on the           accordance with this
 2000 and Falcon 2000EX (including   regulating valve       AD.
 ``F2000EX-EASy'' and ``F2000DX'').  since new.
----------------------------------------------------------------------------------------------------------------

    Note 1: Guidance on inspecting for overpressure tightness on
both regulating valves can be found in the applicable airplane
maintenance manual identified in Table 2 of this AD.

                  Table 2--Maintenance Manual Guidance
------------------------------------------------------------------------
                                     See Dassault
    For affected airplanes--          maintenance       In maintenance
                                      procedure--          manual--
------------------------------------------------------------------------
Falcon 10, equipped with          21-32-01, dated     Dassault Falcon 10
 Liebherr or ABG-Semca valves P/   July 2007.          Maintenance
 N 209xx0xxx0x.                                        Manual.
Falcon 900EX (including ``F900EX- 21-314, dated       Dassault Falcon
 EASy'' and ``F900DX'').           March 2007.         900EX EASy
                                                       Maintenance
                                                       Manual.
Falcon 2000 and Falcon 2000EX     21-314, dated May   Dassault Falcon
 (including ``F2000EX-EASy'').     2007.               2000EX
                                                       Maintenance
                                                       Manual.
Falcon F2000DX..................  21-314, dated       Dassault Falcon
                                   November 2007.      2000DX
                                                       Maintenance
                                                       Manual.
Fan Jet Falcon, Mystere-Falcon    21-31-10, dated     Dassault Fan Jet
 20-C5, 20-D5, 20-E5, and 20-F5;   October 2007.       Falcon
 equipped with Liebherr or ABG-                        Maintenance
 Semca valves part number (P/N)                        Manual.
 209xx0xxx0x.
Mystere-Falcon 50...............  21-160, dated July  Dassault Falcon 50/
                                   2007.               50EX Maintenance
                                                       Manual.
Mystere-Falcon 200..............  051.0, dated        Dassault Falcon
                                   December 2007.      200 Maintenance
                                                       Manual.
Mystere-Falcon 900..............  21-308, dated       Dassault Falcon
                                   April 2007.         900 Maintenance
                                                       Manual.
------------------------------------------------------------------------

     (2) If any leak is found during any inspection required by
paragraph (f)(1) of this AD, before further flight, replace the
affected valve with a serviceable unit, using a method approved by
either the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the EASA (or its delegated agent).

    Note 2: Guidance on replacing regulating valves can be found in
the applicable airplane maintenance manual identified in Table 2 of
this AD.

FAA AD Differences

    Note 3: This AD differs from the MCAI as follows: Although the
MCAI, in paragraph (3) of the compliance section, allows flight
after leaks are found in accordance with the master minimum
equipment list (MMEL) provisions, paragraph (f)(2) of this AD
requires replacing affected valves before further flight.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference 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.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2008-0072, dated April 18, 2008, for related information.

    Issued in Renton, Washington, on September 11, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-22576 Filed 9-18-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 231 (Thursday, December 1, 2016)]
[Notices]
[Pages 86707-86709]
[FR Doc No: 2016-28850]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF16-10-000]

WBI Energy Transmission, Inc.; Notice of Intent To Prepare an
Environmental Assessment for the Planned Valley Expansion Project and
Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Valley Expansion Project
involving construction and operation of facilities by WBI Energy
Transmission, Inc. (WBI Energy) between Mapleton, North Dakota and
Felton, Minnesota. The Commission will use this EA in its decision-
making process to determine whether the project is in the public
convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. You can make a difference by providing us with
your specific comments or concerns about the project. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
Your input will help the Commission staff determine what issues they
need to evaluate in the EA. To ensure that your comments are timely and
properly recorded, please send your comments so that the Commission
receives them in Washington, DC on or before December 23, 2016.
    If you sent comments on this project to the Commission before the
opening of this docket on October 17, 2016, you will need to file those
comments in Docket No. PF16-10-000 to ensure they are considered as
part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this planned
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the planned facilities. The company
would seek to negotiate a mutually acceptable agreement. However, if
the Commission approves the project, that approval conveys with it the
right of eminent domain. Therefore, if easement negotiations fail to
produce an agreement, the pipeline company could initiate condemnation
proceedings where compensation would be determined in accordance with
state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' is available for
viewing on the FERC Web site (www.ferc.gov). This fact sheet addresses
a number of typically asked questions, including the use of eminent
domain and how to participate in the Commission's proceedings.

Public Participation

    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has expert staff available to assist you at
(202) 502-8258 or<EMAIL_ADDRESS>Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature on the Commission's Web site (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.'' If you are filing a comment on a particular project,
please select ``Comment on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the project docket number
(PF16-10-000) with your submission: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Room 1A,
Washington, DC 20426.

Summary of the Planned Project

    WBI Energy plans to construct 38 miles of new bidirectional 16-
inch-diameter pipeline between Mapleton, North Dakota and Felton,
Minnesota. Additionally, WBI Energy would construct a new 2,600-
horsepower electric-driven compressor station in Clay County,
Minnesota, a metering station, farm taps, valve settings, and ancillary
facilities. Finally, WBI Energy would increase the maximum allowable
operating pressure on a portion of its Line Section 24. According to
WBI Energy, the project would provide an additional 40 million cubic
feet per day of firm transportation on its system.
    The general location of the project facilities is shown in appendix
1.\1\
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    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street NE.,
Washington, DC 20426, or call<PHONE_NUMBER>. For instructions on
connecting to eLibrary, refer to the last page of this notice.
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Land Requirements for Construction

    Construction of the project would affect a total of about 530 acres
of land, including the pipeline construction right-of-way, additional
temporary workspace, staging areas, temporary and permanent access
roads, and aboveground facilities. The total acreage required for
operation of the project is approximately 235 acres, including the new
permanent pipeline easement, permanent access roads, and permanent
aboveground facilities' footprint.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\2\ to discover and address concerns the public may have about
proposals. This process is referred to as scoping. The main goal of the
scoping process is to

focus the analysis in the EA on the important environmental issues. By
this notice, the Commission requests public comments on the scope of
the issues to address in the EA. We will consider all filed comments
during the preparation of the EA.
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    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the EA, we will discuss impacts that could occur as a result of
the construction and operation of the planned project under these
general headings:
     Geology and soils;
     water resources, fisheries, and wetlands;
     vegetation and wildlife;
     endangered and threatened species;
     cultural resources;
     socioeconomics;
     land use;
     air quality and noise;
     public safety; and
     cumulative impacts.
    We will also evaluate possible alternatives to the planned project
or portions of the project, and make recommendations on how to lessen
or avoid impacts on the various resource areas.
    Although no formal application has been filed, we have already
initiated our NEPA review under the Commission's pre-filing process.
The purpose of the pre-filing process is to encourage early involvement
of interested stakeholders and to identify and resolve issues before
the FERC receives an application. As part of our pre-filing review, we
have begun to contact some federal and state agencies to discuss their
involvement in the scoping process and the preparation of the EA.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. Depending on
the comments received during the scoping process, we may also publish
and distribute the EA to the public for an allotted comment period. We
will consider all comments on the EA before we make our recommendations
to the Commission. To ensure we have the opportunity to consider and
address your comments, please carefully follow the instructions in the
Public Participation section, beginning on page 2.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues
related to this project to formally cooperate with us in the
preparation of the EA.\3\ Agencies that would like to request
cooperating agency status should follow the instructions for filing
comments provided under the Public Participation section of this
notice.
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    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
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Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the applicable State Historic Preservation Offices (SHPO), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the project's potential effects on
historic properties.\4\ We will define the project-specific Area of
Potential Effects (APE) in consultation with the SHPOs as the project
develops. On natural gas facility projects, the APE at a minimum
encompasses all areas subject to ground disturbance (examples include
construction right-of-way, contractor/pipe storage yards, compressor
stations, and access roads). Our EA for this project will document our
findings on the impacts on historic properties and summarize the status
of consultations under section 106.
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    \4\ The Advisory Council on Historic Preservation regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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Currently Identified Environmental Issues

    We have already identified several issues that we think deserve
attention based on a preliminary review of the planned facilities and
the environmental information provided by WBI Energy. This preliminary
list of issues may change based on your comments and our analysis, but
currently includes:
     Drain tiles;
     deep topsoil and poor quality subsoils (salinity/sodium or
lime);
     prime farm land;
     federally listed species, including the whooping crane,
gray wolf, Dakota skipper, northern long-eared bat, western prairie
fringed orchid, and the powershiek skipperling;
     cultural resources; and
     crossing methods of the Rush River, Red River of the
North, and the Buffalo River.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials; Native
American Tribes; other interested parties; and local libraries and
newspapers. This list also includes all affected landowners (as defined
in the Commission's regulations) who are potential right-of-way
grantors, whose property may be used temporarily for project purposes,
or who own homes within certain distances of aboveground facilities,
and anyone who submits comments on the project. We will update the
environmental mailing list as the analysis proceeds to ensure that we
send the information related to this environmental review to all
individuals, organizations, and government entities interested in and/
or potentially affected by the planned project.
    If we publish and distribute the EA, copies will be sent to the
environmental mailing list for public review and comment. If you would
prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (appendix 2).

Becoming an Intervenor

    Once WBI Energy files its application with the Commission, you may
want to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Motions to intervene are more fully described at
http://www.ferc.gov/resources/guides/how-to/intervene.asp. Instructions
for becoming an intervenor are in the ``Document-less Intervention
Guide'' under the ``e-filing'' link on the Commission's Web site.
Please note that the Commission will not accept requests for intervenor
status at this time. You must wait until the Commission receives a
formal application for the project.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., PF16-
10). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact

(202) 502-8659. The eLibrary link also provides access to the texts of
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. Go to www.ferc.gov/docs-filing/esubscription.asp.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: November 23, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-28850 Filed 11-30-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 238 (Tuesday, December 11, 2012)]
[Notices]
[Page 73650]
[FR Doc No: 2012-29848]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER13-504-000]

Electricity NH, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding,
of Electricity NH, LLC's application for market-based rate authority,
with an accompanying rate schedule, noting that such application
includes a request for blanket authorization, under 18 CFR Part 34, of
future issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is December 26, 2012.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 5, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-29848 Filed 12-10-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 140 (Monday, July 22, 2019)]
[Notices]
[Page 35109]
[FR Doc No: 2019-15481]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2428-007; Project No. 10254-026; Project No. 10253-032]

Aquenergy Systems, LLC; Pelzer Hydro Company, LLC and
Consolidated Hydro Southeast, LLC; Pelzer Hydro Company, LLC and
Consolidated Hydro Southeast, LLC; Notice of Availability of Draft
Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380, the Office of Energy Projects has
reviewed the applications for licenses for the Piedmont (FERC Project
No. 2428-007), Upper Pelzer (FERC Project No. 10254-026), and Lower
Pelzer (FERC Project No. 10253-032) Hydroelectric Projects located on
the Saluda River in Anderson and Greenville Counties, South Carolina,
and has prepared a Draft Environmental Assessment (DEA).
    The DEA contains staff's analysis of the potential environmental
impacts of the projects and concludes that licensing the projects, with
appropriate environmental protective measures, would not constitute a
major federal action that would significantly affect the quality of the
human environment.
    A copy of the DEA is available for review at the Commission in the
Public Reference Room, or may be viewed on the Commission's website at
www.ferc.gov using the eLibrary link. Enter one of the docket numbers,
excluding the last three digits in the docket number field, to access
the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll-free at 1-866-208-3676, or for TTY,
202-502-8659.
    You may also register online at www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    Any comments should be filed within 45 days from the date of this
notice. Comments may be filed electronically via the internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
website (http://www.ferc.gov/docs-filing/ferconline.asp) under the
eFiling link. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support
<EMAIL_ADDRESS>Although the Commission strongly encourages
electronic filings, documents may also be paper-filed. To paper-file,
mail an original copy to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
Please affix Project Nos. 2428-007, 10254-026, and 10253-032 to all
comments.
    For further information, contact Navreet Deo by telephone at 202-
502-6304, or by email at<EMAIL_ADDRESS>
    Dated: July 16, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-15481 Filed 7-19-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: October 27, 2010 (Volume 75, Number 207)]
[Notices]
[Page 66095-66097]
[DOCID:fr27oc10-64]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0008; FRL-8847-4]

Pesticide Products; Registration Applications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces receipt of applications to register new
uses for pesticide products containing currently registered active
ingredients, pursuant to the provisions of section 3(c) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. EPA is
publishing this Notice of such applications, pursuant to section
3(c)(4) of FIFRA.

DATES: Comments must be received on or before November 26, 2010.

ADDRESSES: Submit your comments, identified by the docket
identification (ID) number for the pesticide of interest, specified
within Unit II., by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to the docket ID number
specified for the pesticide of interest as shown in the registration
application summaries. EPA's policy is that all comments received will
be included in the docket without change and may be made available on-
line at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an

electronic comment, EPA recommends that you include your name and other
contact information in the body of your comment and with any disk or
CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., 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 in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: A contact person is listed at the end
of each registration application summary and may be contacted by
telephone or e-mail. The mailing address for each contact person listed
is: Registration Division (7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food pesticide manufacturer. Potentially
affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
If you are commenting in a docket that addresses multiple products,
please indicate to which registration number(s) your comment applies.
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Registration Applications

    EPA received applications as follows to register pesticide products
containing currently registered active ingredients pursuant to the
provisions of section 3(c) of FIFRA. Notice of receipt of these
applications does not imply a decision by the Agency on these
applications.
    1. Registration number: 7969-274. Docket number: EPA-HQ-OPP-2010-
0616. Company name and address: BASF Corporation, 26 Davis Drive,
Research Triangle Park, NC 27709-3528. Active ingredients: Boscalid and
Pyraclostrobin. Proposed use(s): Seed treatment on rapeseed (cultivars,
varieties, and/or hybrids, including canola and crambe). Contact:
Heather Garvie,<PHONE_NUMBER><EMAIL_ADDRESS>    2. Registration number: 7969-275. Docket number: EPA-HQ-OPP-2010-
0755. Company name and address: BASF Corporation, 26 Davis Drive,
Research Triangle Park, NC 27709-3528. Active ingredient: Saflufenacil.
Proposed use(s): For the manufacture of herbicides for use as a harvest
aid/desiccant in dry edible beans, dry peas, soybean, oilseeds canola/
rapeseed subgroup 20A, oilseeds sunflower subgroup 20B, and oilseeds
cottonseed subgroup 20C. Contact: Susan Stanton,<PHONE_NUMBER>;
<EMAIL_ADDRESS>    3. Registration number: 7969-278. Docket number: EPA-HQ-OPP-2010-
0755. Company name and address: BASF Corporation, 26 Davis Drive,
Research Triangle Park, NC 27709-3528. Active ingredient: Saflufenacil.
Proposed use(s): As a harvest aid/desiccant in dry edible beans, dry
peas, soybean, oilseeds canola/rapeseed subgroup 20A, oilseeds
sunflower subgroup 20B, and oilseeds cottonseed subgroup 20C. Contact:
Susan Stanton,<PHONE_NUMBER><EMAIL_ADDRESS>    4. File symbol: 56799-U. Docket number: EPA-HQ-OPP-2010-0707.
Company name and address: Productos Quimicos y Alimenticios OSKU S.A.
El Guanaco 5212, Huechuraba, Santiago, Chile. Active ingredient: Sulfur
Dioxide (from Sodium metabisulfite). Proposed use(s): Blueberries.
Contact: Rosemary Kearns,<PHONE_NUMBER><EMAIL_ADDRESS>    5. Registration numbers: 66330-64, 66330-65. Docket number: EPA-
OPP-2010-0725. Company name and address: Arysta LifeScience North
America Corporation, 15401 Weston Parkway, Suite 150, Cary, NC 27513.
Active ingredient: Fluoxastrobin. Proposed use(s): Squash/cucumber
subgroup 9B. Contact: Heather Garvie,<PHONE_NUMBER>;
<EMAIL_ADDRESS>

    6. File symbol: 72500-EN. Docket number: EPA-HQ-OPP-2010-0769.
Company name and address: Scimetrics, 9974 NE Frontage Rd., Wellington,
CO 80549. Active ingredients: Warfarin and Imidacloprid. Proposed
use(s): Rangeland and non-crop areas to control black-tailed and white-
tailed prairie dogs and their fleas. Contact: Daniel Peacock, (703)
305-5407<EMAIL_ADDRESS>    7. File symbol: 82052-T. Docket number: EPA-HQ-OPP-2010-0767.
Company name and address: Cutting Edge Formulation, Inc., 3057 Summer
Oak Place, Buford, GA 30518. Active ingredient: D-limonene. Proposed
use(s): Bacterial disease control by suppression of citrus canker.
Contact: Rita Kumar,<PHONE_NUMBER><EMAIL_ADDRESS>
List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: October 15, 2010.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2010-26886 Filed 10-26-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 12, 2010 (Volume 75, Number 132)]
[Notices]
[Page 39720-39721]
[DOCID:fr12jy10-79]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62453; File No. SR-NYSEArca-2010-65]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NYSE Arca, Inc. To List
Options on Trust Issued Receipts in $1 Strike Intervals

July 6, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on July 2, 2010, NYSE Arca, Inc. (``NYSE Arca'' or the
``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 amend Rule 6.4 Commentary .05 to establish
strike price intervals for options on Trust Issued Receipts. The text
of the proposed rule change is attached as Exhibit 5 to the 19b-4 form.
A copy of this filing is available on the Exchange's Web site at http:/
/www.nyse.com, at the Exchange's principal office, on the Commission's
Web site at http://www.sec.gov, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The purpose of this filing is to amend Rule 6.4 Commentary .05 to
establish strike price intervals for options on Trust Issued Receipts
(``TIRs''), including Holding Company Depositary Receipts (``HOLDRs''),
in $1 or greater strike price intervals, where the strike price is $200
or less, and $5 strike price intervals where the strike price is
greater than $200.\3\
---------------------------------------------------------------------------

    \3\ HOLDRs are a type of Trust Issued Receipt and the current
proposal would permit $1 strikes for options on HOLDRS (where the
strike price is less than $200).
---------------------------------------------------------------------------

    Currently, the strike price intervals for options on TIRs are as
follows: (1) $2.50 or greater where the strike price is $25.00 or less;
(2) $5.00 or greater where the strike price is greater than $25.00; and
(3) $10.00 or greater where the strike price is greater than $200.\4\
---------------------------------------------------------------------------

    \4\ See NYSE Arca Rule 6.4 Commentary .05.
---------------------------------------------------------------------------

    The Exchange is seeking to permit $1 strikes for options on TIRs
where the strike price is less than $200 because TIRS have
characteristics similar to exchange traded funds (``ETFs'').
Specifically, TIRs are exchange-listed securities representing
beneficial ownership of the specific deposited securities represented
by the receipts. They are negotiable receipts issued by a trust
representing securities of issuers that have been deposited and held on
behalf of the holders of the TIRs. TIRs, which trade in round-lots of
100, and multiples thereof, may be issued after their initial offering
through a deposit with the trustee of the required number of shares of
common stock of the underlying issuers. This characteristic of TIRs is
similar to that of ETFs which also may be created on any business day
upon receipt of the requisite securities or other investment assets
comprising a creation unit. The trust only issues receipts upon the
deposit of the shares of the underlying securities that are represented
by a round-lot of 100 receipts. Likewise, the trust will cancel, and an
investor may obtain, hold, trade or surrender TIRs in a round-lot and
round-lot multiples of 100 receipts.
    Strike prices for ETF options are permitted in $1 or greater
intervals where the strike price is $200 or less and $5 or greater
where the strike is greater than $200. Accordingly, the Exchange
believes that the rationale for permitting $1 strikes for ETF options
equally applies to permitting $1 strikes for options on TIRs.\5\
---------------------------------------------------------------------------

    \5\ Id.
---------------------------------------------------------------------------

    The Exchange has analyzed its capacity and believes the Exchange
and the Options Price Reporting Authority (``OPRA'') have the necessary
systems capacity to handle the additional traffic associated with the
listing and trading of $1 strikes where the strike price is less than
$200 for options on TIRs.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) \6\ of the Securities Exchange Act of 1934 (the ``Act''),
in general, and furthers the objectives of Section 6(b)(5) \7\ in
particular in that it is designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts, to
remove impediments to and to perfect the mechanism for a free and open
market and a national market system by allowing the Exchange to list
options on TIRs at $1 strike price intervals. The Exchange believes
that the marketplace and investors expect options on TIRs to trade in a
similar manner to ETF options. The Exchange further believes that
investors will be better served if $1 strike price intervals are
available for options on TIRs where the strike price is less than $200.
---------------------------------------------------------------------------

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

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

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

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

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

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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not 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) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the self-regulatory organization to submit to 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 Commission has waived the five-day pre-filing
requirement in this case.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission believes that waiver of the operative
delay is consistent with the protection of investors and the public
interest because the proposal is substantially similar to a rule of
another exchange that has been approved by the Commission.\10\
Therefore, the Commission designates the proposal operative upon
filing.\11\
---------------------------------------------------------------------------

    \10\ See Securities Exchange Release No. 34-62141 (May 20,
2010), 75 FR 29787 (May 27, 2010) (SR-CBOE-2010-036).
    \11\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2010-65 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2010-65. This
file number should be included on the subject line if e-mail 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 a.m. and 3 p.m. Copies of the filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSEArca-2010-65 and should be submitted on or before August 2, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-16851 Filed 7-9-10; 8:45 am]
BILLING CODE 8010-01-P


From:  Allen Dittenhoefer<EMAIL_ADDRESS>Sent: Tuesday, January 19, 2021 2:20 PM To:  Jones, DonnaLee<EMAIL_ADDRESS>Cc: Owen, Chris<EMAIL_ADDRESS>Woody, Matthew<EMAIL_ADDRESS>Raymond, Gabrielle<EMAIL_ADDRESS>Contact<EMAIL_ADDRESS>Subject:  COETF Responses to EPA Comments on BLP Buoyancy Parameters

Dr. Jones,   Attached please find the responses of the COETF to comments EPA has made regarding our technical approach to estimating BLP buoyancy parameters.  These responses summarize those made in our virtual meeting of December 21, 2020.  As stated in the attached document, we will send a response to the battery heat budget comment under separate cover.    Allen C. Dittenhoefer, Ph.D. Principal

  Environmental Planning Specialists, Inc. 45 U.S. Highway 46 East Suite 601 Pine Brook, NJ 07058 Direct:<PHONE_NUMBER> (Ext. 12705) Mobile<PHONE_NUMBER> <EMAIL_ADDRESS>www.envplanning.com

<< COETF Responses to EPA Buoyancy Parameter Comments (01-14-21) Final_.docx >>