[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Proposed Rules]
[Pages 43322-43325]
[FR Doc No: 2014-17550]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0483; Directorate Identifier 2014-NM-082-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2013-16-
08 for certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series
700, 701, & 702) airplanes, Model CL-600-2D15 (Regional Jet Series 705)
airplanes, and Model CL-600-2D24 (Regional Jet Series 900) airplanes.
Since we issued AD 2013-16-08, we have determined that a certain part
was incorrectly identified in a certain section of that AD. This
proposed AD would continue to require inspection of the MLG retraction
actuator components; corrective actions if necessary; and, for certain
retraction actuators, installation of a new jam nut. We are proposing
this AD to prevent disconnection of the MLG retraction actuator, which
could result in extension of the MLG without damping, and consequent
structural damage and collapse of the MLG during landing.

DATES: We must receive comments on this proposed AD by September 8,
2014.

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.
    For Bombardier service information identified in this proposed AD,
contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; email<EMAIL_ADDRESS>Internet http://www.bombardier.com.
    For Goodrich service information identified in this proposed AD,
contact Goodrich Corporation, Landing Gear, 1400 South Service Road,
West Oakville L6L 5Y7, Ontario, Canada; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet http://www.goodrich.com/TechPubs.
    You may view this referenced 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 425-
227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0483; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
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: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; 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-2014-0483;
Directorate Identifier 2014-NM-082-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

    On July 31, 2013, we issued AD 2013-16-08, Amendment 39-17546 (78
FR 51055, August 20, 2013). AD 2013-16-08 requires actions intended to
address an unsafe condition on certain Bombardier, Inc. Model CL-600-
2C10 (Regional Jet Series 700, 701, & 702) airplanes, Model CL-600-2D15
(Regional Jet Series 705) airplanes, and Model CL-600-2D24 (Regional
Jet Series 900) airplanes.
    Since we issued AD 2013-16-08, Amendment 39-17546 (78 FR 51055,
August 20, 2013), we have determined that the MLG dressed shock strut
was incorrectly identified as an MLG retraction actuator assembly in
paragraph (k)(2) of the ``Parts Installation Limitations'' section in
AD 2013-16-08. We have revised paragraph (k)(2) of this proposed AD
accordingly.
    In addition, we corrected a typographical error in the service
bulletin number specified in paragraph (j)(1)(iii) of AD 2013-16-08,
Amendment 39-17546 (78 FR 51055, August 20, 2013), under ``Credit for
Previous Actions.'' Bombardier Service Bulletin ``769BA-32-031'' was
changed to Bombardier Service Bulletin ``670BA-32-031.''

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 and service
information 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.

``Contacting the Manufacturer'' Paragraph in This Proposed AD

    Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often
directs the owner/operator to contact the manufacturer for corrective
actions, such as a repair. Briefly, the Airworthy Product paragraph
allowed owners/operators to use corrective actions provided by the
manufacturer if those actions were FAA-approved. In addition, the
paragraph stated that any actions approved by the State of Design
Authority (or its delegated agent) are considered to be FAA-approved.
    In an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR
78285, December 26, 2013), we proposed to prevent the use of repairs
that were not specifically developed to correct the unsafe condition,
by requiring that the repair approval provided by the State of Design
Authority or its delegated agent specifically refer to the FAA AD. This
change was intended to clarify the method of compliance and to provide
operators with better visibility of repairs that are specifically
developed and approved to correct the unsafe condition. In addition, we
proposed to change the phrase ``its delegated agent'' to include a
design approval holder (DAH) with State of Design Authority design
organization approval (DOA), as applicable, to refer to a DAH
authorized to approve required repairs for the proposed AD.
    One commenter to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) stated the following: ``The
proposed wording, being specific to repairs, eliminates the
interpretation that Airbus messages are acceptable for approving minor
deviations (corrective actions) needed during accomplishment of an AD
mandated Airbus service bulletin.''
    This comment has made the FAA aware that some operators have
misunderstood or misinterpreted the Airworthy Product paragraph to
allow the owner/operator to use messages provided by the manufacturer
as approval of deviations during the accomplishment of an AD-mandated
action. The Airworthy Product paragraph does not approve messages or
other information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed the paragraph and retitled
it ``Contacting the Manufacturer.'' This paragraph now clarifies that
for any requirement in this proposed AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the FAA, Transport Canada Civil Aviation (TCCA), or
Bombardier's TCCA Design Approval Organization (DAO).
    The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DAO, the approval must include the DAO-authorized
signature. The DAO signature indicates that the data and information
contained in the document are TCCA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain the DAO-authorized signature approval are not TCCA-
approved, unless TCCA directly approves the manufacturer's message or
other information.
    This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.

Costs of Compliance

    We estimate that this proposed AD affects 391 airplanes of U.S.
registry.
    The actions that were required by AD 2013-16-08, Amendment 39-17546
(78 FR 51055, August 20, 2013), that are retained in this proposed AD
take up to 16 work-hours per product, at an average labor rate of $85
per work-hour. Required parts cost about $1,018 per product. Based on
these figures, the estimated cost of the actions that are required by
AD 2013-16-08 is $2,378 per product.
    The new requirements of this AD add no additional economic burden.
    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2013-16-08, Amendment 39-17546 (78 FR 51055, August 20, 2013), and
adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2014-0483; Directorate Identifier
2014-NM-082-AD.

(a) Comments Due Date

    We must receive comments by September 8, 2014.

(b) Affected ADs

    This AD replaces AD 2013-16-08, Amendment 39-17546 (78 FR 51055,
August 20, 2013).

(c) Applicability

    This AD applies to the airplanes specified in paragraphs (c)(1)
and (c)(2) of this AD, certificated in any category.
    (1) Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700,
701, & 702) airplanes, serial numbers 10002 and subsequent.
    (2) Bombardier, Inc. Model CL-600-2D15 (Regional Jet Series 705)
and CL-600-2D24 (Regional Jet Series 900) airplanes, serial numbers
15001 and subsequent.

(d) Subject

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

(e) Reason

    This AD was prompted by a report of corrosion of the components
of the main landing gear (MLG) retraction actuator found in service;
the corrosion was found at the interface of the rod end and the
piston, and at the bracket and related pins. We are issuing this AD
to prevent disconnection of the MLG retraction actuator, which could
result in extension of the MLG without damping, and consequent
structural damage and collapse of the MLG during landing.

(f) Compliance

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

(g) Retained Inspection of the MLG Retraction Actuator and Corrective
Actions With No Changes

    This paragraph restates the requirements of paragraph (g) of AD
2013-16-08, Amendment 39-17546 (78 FR 51055, August 20, 2013), with
no changes. For any airplane with an MLG retraction actuator
assembly having any part number and serial number identified in
paragraph 1.A., Effectivity, of Bombardier Service Bulletin 670BA-
32-031, Revision C, dated April 17, 2012, except airplanes on which
modification status ``32-64'' is marked on the identification plate:
At the applicable time specified in paragraph (g)(1) or (g)(2) of
this AD, perform a detailed inspection of the retraction actuator
assembly for evidence of corrosion and security of the jam nut, as
applicable, in accordance with Part A of the Accomplishment
Instructions of Bombardier Service Bulletin 670BA-32-031, Revision
C, dated April 17, 2012; and Goodrich Service Bulletin 49600-32-63
R1, dated May 17, 2011. If any corrosion or unsecured jam nut is
found, before further flight, replace the retract actuator with a
new or serviceable retract actuator; and install the retract
actuator in accordance with Part A of the Accomplishment
Instructions of Bombardier Service Bulletin 670BA-32-031, Revision
C, dated April 17, 2012. Repeat the inspection thereafter at
intervals not to exceed 1,200 flight hours or 12 months, whichever
occurs first.
    (1) For MLG retraction actuator assemblies on which, as of
September 24, 2013 (the effective date of AD 2013-16-08, Amendment
39-17546 (78 FR 51055, August 20, 2013)), 8,000 or more total flight
hours have accumulated since new or since overhaul, or that have
been in service for more than 4 years since new or since overhaul:
Inspect within 1,200 flight hours or 12 months after September 24,
2013, whichever occurs first.
    (2) For MLG retraction actuator assemblies on which, as of
September 24, 2013 (the effective date of AD 2013-16-08, Amendment
39-17546 (78 FR 51055, August 20, 2013)), less than 8,000 total
flight hours have accumulated since new or since overhaul, and that
have been in service for 4 years or less since new or since
overhaul: Inspect before the accumulation of 9,200 total flight
hours on the MLG retraction actuator assembly since new or since
overhaul or within 5 years in service since new or since overhaul,
whichever occurs first.

(h) Retained Inspection of MLG Retraction Actuator Bracket and Related
Pins, and Corrective Actions With No Changes

    This paragraph restates the requirements of paragraph (h) of AD
2013-16-08, Amendment 39-17546 (78 FR 51055, August 20, 2013), with
no changes. For any airplane with an MLG dressed shock strut having
any part number and serial number identified in paragraph 1.A.,
Effectivity, of Bombardier Service Bulletin 670BA-32-033, Revision
B, dated June 26, 2012: Within 4,400 flight hours or 24 months after
September 24, 2013 (the effective date of AD 2013-16-08), whichever
occurs first, perform a detailed inspection of the retract actuator
bracket assembly, associated pins, and the mating lugs on the outer
cylinder for evidence of corrosion, in accordance with Bombardier
Service Bulletin 670BA-32-033, Revision B, dated June 26, 2012; and
Goodrich Service Bulletin 49000-32-46 R2, dated November 11, 2011.
Do all applicable corrective actions before further flight (i.e.,
replace retract actuator bracket assembly and pins, or outer
cylinder lugs, as applicable).

(i) Retained Installation of New Jam Nut With No Changes

    This paragraph restates the requirements of paragraph (i) of AD
2013-16-08, Amendment 39-17546 (78 FR 51055, August 20, 2013), with
no changes. For any airplane with an MLG retraction actuator
assembly having any part number and serial number identified in
paragraph 1.A., Effectivity, of Bombardier Service Bulletin 670BA-
32-031, Revision C, dated April 17, 2012, except airplanes on which
modification status ``32-64'' is marked

on the identification plate: Within 20,000 flight hours or 10 years
after September 24, 2013 (the effective date of AD 2013-16-08),
whichever occurs first, install a new jam nut having part number
49606-5, in accordance with Part B of the Accomplishment
Instructions of Bombardier Service Bulletin 670BA-32-031, Revision
C, dated April 17, 2012; and Goodrich Service Bulletin 49600-32-64
R3, dated December 15, 2011.

(j) Retained Credit for Previous Actions With Change to Paragraph
(j)(1)(iii) of This AD

    (1) This paragraph restates the credit provided by paragraph
(j)(1) of AD 2013-16-08, Amendment 39-17546 (78 FR 51055, August 20,
2013), with a change to the service information citation in
paragraph (j)(1)(iii) of this AD. This paragraph provides credit for
the actions required by paragraphs (g) and (i) of this AD, if those
actions were performed before September 24, 2013 (the effective date
of AD 2013-16-08), using the service information specified in
paragraph (j)(1)(i), (j)(1)(ii), or (j)(1)(iii) of this AD, which is
not incorporated by reference in this AD.
    (i) Bombardier Service Bulletin 670BA-32-031, dated March 14,
2011.
    (ii) Bombardier Service Bulletin 670BA-32-031, Revision A, dated
June 9, 2011.
    (iii) Bombardier Service Bulletin 670BA-32-031, Revision B,
dated July 29, 2011.
    (2) This paragraph restates the credit provided by paragraph
(j)(2) of AD 2013-16-08, Amendment 39-17546 (78 FR 51055, August 20,
2013), with no changes. This paragraph provides credit for the
actions required by paragraph (h) of this AD, if those actions were
performed before September 24, 2013 (the effective date of AD 2013-
16-08), using the service information specified in paragraph
(j)(2)(i) or (j)(2)(ii) of this AD, which is not incorporated by
reference in this AD.
    (i) Bombardier Service Bulletin 670BA-32-033, dated March 14,
2011.
    (ii) Bombardier Service Bulletin 670BA-32-033, Revision A, dated
July 29, 2011.

(k) Retained Parts Installation Limitations With Change to Paragraph
(k)(2) of This AD

    (1) This paragraph restates the parts installation limitation
specified in paragraph (k)(1) of AD 2013-16-08, Amendment 39-17546
(78 FR 51055, August 20, 2013), with no changes. As of September 24,
2013 (the effective date of AD 2013-16-08), no person may install on
any airplane an MLG retraction actuator assembly having any part
number and serial number identified in paragraph 1.A., Effectivity,
of Bombardier Service Bulletin 670BA-32-031, Revision C, dated April
17, 2012, unless that retraction actuator assembly has been
inspected as specified in paragraph (g) of this AD, and all
applicable corrective actions (i.e., replacement of the retract
actuator) specified in paragraph (g) of this AD have been done.
Repeat the inspection specified in paragraph (g) of this AD
thereafter at the intervals specified in paragraph (g) of this AD.
    (2) This paragraph restates the parts installation limitation
specified in paragraph (k)(2) of AD 2013-16-08, Amendment 39-17546
(78 FR 51055, August 20, 2013), with a revised part name. As of the
effective date of this AD, no person may install on any airplane an
MLG dressed shock strut having any part number and serial number
identified in paragraph 1.A., Effectivity, of Bombardier Service
Bulletin 670BA-32-033, Revision B, dated June 26, 2012, unless that
retraction actuator assembly has been inspected and all applicable
corrective actions have been done, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-
033, Revision B, dated June 26, 2012.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO,
ANE-170, Engine and Propeller Directorate, FAA; or Transport Canada
Civil Aviation (TCCA); or Bombardier's TCCA Design Approval
Organization (DAO). If approved by the DAO, the approval must
include the DAO-authorized signature.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2011-36R1, dated October
3, 2012, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2014-0483.
    (2) For Bombardier service information identified in this AD,
contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; email<EMAIL_ADDRESS>Internet http://www.bombardier.com.
    (3) For Goodrich service information identified in this AD,
contact Goodrich Corporation, Landing Gear, 1400 South Service Road,
West Oakville L6L 5Y7, Ontario, Canada; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Internet http://www.goodrich.com/TechPubs.

    Issued in Renton, Washington, on July 13, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-17550 Filed 7-24-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 3, 2010 (Volume 75, Number 171)]
[Notices]
[Page 54211]
[DOCID:fr03se10-114]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62797; File Nos. SR-BATS-2010-016; SR-BX-2010-040; SR-
CBOE-2010-056; SR-CHX-2010-13; SR-EDGA-2010-03; SR-EDGX-2010-03; SR-
ISE-2010-62; SR-NASDAQ-2010-076; SR-NSX-2010-07; SR-NYSE-2010-47; SR-
NYSEAmex-2010-60; SR-NYSEArca-2010-58]

Self-Regulatory Organizations; BATS Exchange, Inc.; NASDAQ OMX
BX, Inc.; Chicago Board Options Exchange, Incorporated; Chicago Stock
Exchange, Inc.; EDGA Exchange, Inc.; EDGX Exchange, Inc.; International
Securities Exchange LLC; The NASDAQ Stock Market LLC; National Stock
Exchange, Inc.; New York Stock Exchange LLC; NYSE Amex LLC; NYSE Arca,
Inc.; Notice of Designation of a Longer Period for Commission Action on
Proposed Rule Changes Relating to Clearly Erroneous Transactions

August 30, 2010.
    On June 17, 2010, each of BATS Exchange, Inc. (``BATS''), NASDAQ
OMX BX, Inc. (``BX''), Chicago Board Options Exchange, Incorporated
(``CBOE''), Chicago Stock Exchange, Inc. (``CHX''), EDGA Exchange, Inc.
(``EDGA''), EDGX Exchange, Inc. (``EDGX''), International Securities
Exchange LLC (``ISE''), The NASDAQ Stock Market LLC (``Nasdaq''),
National Stock Exchange, Inc. (``NSX''), New York Stock Exchange LLC
(``NYSE''), NYSE Amex LLC (``NYSE Amex''), and NYSE Arca, Inc. (``NYSE
Arca'') (collectively, the ``Exchanges'') filed with the Securities and
Exchange Commission (``Commission''), pursuant to Section 19(b)(1) \1\
of the Securities Exchange Act of 1934 (``Act''),\2\ and Rule 19b-4
thereunder,\3\ proposed rule changes to amend certain of their
respective rules to set forth clearer standards and curtail their
discretion with respect to breaking erroneous trades.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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    Section 19(b)(2) of the Act \4\ provides that within thirty-five
days of the publication of notice of the filing of a proposed rule
change, or within such longer period as the Commission may designate up
to ninety days of such date if it finds such longer period to be
appropriate and publishes its reasons for so finding, the Commission
shall either approve the proposed rule change or institute proceedings
to determine whether the proposed rule change should be disapproved.
The 35th day for the filings submitted by BATS, BX, CBOE, CHX, EDGA,
EDGX, ISE, Nasdaq, NSX, NYSE, and NYSE Amex, was August 2, 2010.\5\ The
35th day for the filing submitted by NYSE Arca was August 3, 2010.\6\
The Commission had received an extension of time from the Exchanges
until August 16, 2010.\7\ The Commission extended this time period
until August 30, 2010.\8\ The Commission is again extending this time
period.
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    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release Nos. 62330 (June 21,
2010), 75 FR 36725 (June 28, 2010); 62331 (June 21, 2010), 75 FR
36746 (June 28, 2010); 62332 (June 21, 2010), 75 FR 36749 (June 28,
2010); 62333 (June 21, 2010), 75 FR 36759 (June 28, 2010); 62334
(June 21, 2010), 75 FR 36732 (June 28, 2010); 62336 (June 21, 2010),
75 FR 36743 (June 28, 2010); 62337 (June 21, 2010), 75 FR 36739
(June 28, 2010); 62338 (June 21, 2010), 75 FR 36762 (June 28, 2010);
62339 (June 21, 2010), 75 FR 36765 (June 28, 2010); 62340 (June 21,
2010), 75 FR 36768 (June 28, 2010); and 62342 (June 21, 2010), 75 FR
36752 (June 28, 2010).
    \6\ See Securities Exchange Act Release No. 62335 (June 21,
2010), 75 FR 37494 (June 29, 2010).
    \7\ The Exchanges submitted through the Commission's Electronic
Form 19b-4 Filing System extensions of the time period for
Commission action through August 16, 2010.
    \8\ See Securities Exchange Act Release No. 62730 (August 16,
2010), 75 FR 52383 (August 25, 2010).
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    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule changes so that it has
sufficient time to consider these proposed rule changes, relating to
the amendment of clearly erroneous execution rules to provide greater
transparency and certainty to the process of breaking trades, and the
comment letters that have been submitted in connection with these
filings.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\9\ designates September 10, 2010, as the date by which the
Commission should either approve or institute proceedings to determine
whether to disapprove the proposed rule changes.
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    \9\ 15 U.S.C. 78s(b)(2).

By the Commission.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-22024 Filed 9-2-10; 8:45 am]
BILLING CODE 8010-01-P


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 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
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REGION 8
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1595 Wynkoop Street
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Denver, CO   80202-1129
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Phone<PHONE_NUMBER>
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		www.epa.gov/region8

Ref: 8ARD-PM

Lonnie Favel
Air Quality Program Director
Ute Indian Tribe
P.O. Box 70
Fort Duchesne, Utah  84026

Re:	Transmittal of Draft Title V Permit to Operate on the Uintah and Ouray Indian Reservation

Dear Lonnie Favel:

In accordance with 40 CFR 71.8 and 71.11(d)(2), the U.S. Environmental Protection Agency Region 8 is hereby providing notification to all affected states and tribes of the issuance of the draft Clean Air Act renewed Title V Permit to Operate for the following source located on Indian country lands within the Uintah and Ouray Indian Reservation:

      MountainWest Pipeline, LLC  -  Fidlar Compressor Station

Region 8 is providing a 30-day period, from October 27, 2023 to November 27, 2023, for public comment. Electronic copies of the draft permit, Statement of Basis and supporting materials may be viewed at: http://www.epa.gov/caa-permitting/caa-permit-public-comment-opportunities-region-8 and we ask you that you please assist members of the public who contact you with instructions on how to access the material available for public review until the end of public comment period. In addition, the bulletin board public notice announcement is accessible via the website, and we would appreciate it if you could post this announcement in prominent locations in your area.

Please submit any written recommendations you may have concerning the terms and conditions of the draft permit to Suman Kunwar, of my staff, at<EMAIL_ADDRESS>
Comments may also be submitted via email to<EMAIL_ADDRESS>or through the docket at https://www.regulations.gov (Docket ID # EPA-R08-OAR-2022-0726).

Should the EPA not accept any such recommendations, you will be notified in writing and will be provided with the reasons for not accepting them. Comments must be received by 5:00 p.m. MT on Monday, November 27, 2023, to be considered in the issuance of the final renewal permit for this facility. If a public hearing is held regarding this permit, you will be sent a copy of the public hearing notice at least 30 days in advance of the hearing date.

						Sincerely,

						Adrienne Sandoval
                              Director
						Air and Radiation Division


[Federal Register: August 31, 2010 (Volume 75, Number 168)]
[Rules and Regulations]
[Page 53219-53220]
[DOCID:fr31au10-8]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2010-0380; A-1-FRL-9195-2]

Approval and Promulgation of Air Quality Implementation Plans;
Connecticut; Determination of Attainment of the 1997 Ozone Standard for
the Greater Connecticut Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is determining that the Greater Connecticut moderate
1997 8-hour ozone nonattainment area has attained the 1997 8-hour
National Ambient Air Quality Standard (NAAQS) for ozone. This
determination is based upon complete, quality-assured, certified
ambient air monitoring data that show the area has monitored attainment
of the 1997 8-hour ozone NAAQS for the 2007-2009 monitoring period.
Under the provisions of EPA's ozone implementation rule, the
requirements for this area to submit an attainment demonstration, a
reasonable further progress plan, contingency measures, and other
planning State Implementation Plans related to attainment of the 1997
8-hour ozone NAAQS shall be suspended for so long as the area continues
to attain the 1997 ozone NAAQS. In addition, EPA is determining that
this area has attained the 1997 ozone NAAQS as of June 15, 2010, its
applicable attainment date.

DATES: Effective Date: This rule is effective on September 30, 2010.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2010-0380. All documents in the docket
are listed on the http://www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, i.e., 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 http://www.regulations.gov or in hard copy at the Office of
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New
England Regional Office, Office of Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA
requests that if at all possible, you contact the contact listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality
Planning Unit, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912, telephone number<PHONE_NUMBER>, fax number<PHONE_NUMBER>, e-
mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to
aid in locating information in this preamble.

I. What actions is EPA taking?
II. What is the effect of these actions?
III. Final Action
IV. Statutory and Executive Order Reviews

I. What actions is EPA taking?

    EPA is determining that the Greater Connecticut area moderate 8-
hour ozone nonattainment area has attained the 1997 8-hour ozone
National Ambient Air Quality Standard (NAAQS). This determination is
based upon complete, quality-assured and certified ambient air
monitoring data that show the area has monitored attainment of the 1997
ozone NAAQS for the 2007-2009 monitoring period. In addition,
preliminary data through June 15, 2010 continues to show this area
meets the 1997 ozone NAAQS. EPA is also determining, under section
181(b)(2)(A) of the Clean Air Act (CAA), that this area has attained
the 1997 ozone NAAQS by its applicable attainment date (June 15, 2010).
    Other specific details related to the determination and the
rationale for EPA's action are explained in the Notice of Proposed
Rulemaking (NPR) published on June 1, 2010 (75 FR 30310) and will not
be restated here. No comments were received on the NPR.

II. What is the effect of these actions?

    Under the provisions of EPA's ozone implementation rule (see 40 CFR
Section 51.918), the determination that the area is attaining the
standard suspends the requirements for the Greater Connecticut moderate
ozone nonattainment area to submit an attainment demonstration, a
reasonable further progress plan, section 172(c)(9) contingency
measures, and any other planning State Implementation Plans (SIPs)
related to attainment of the 1997 8-hour ozone NAAQS for so long as the
area continues to attain the 1997 ozone NAAQS. As we stated in EPA's
proposed rulemaking, the Connecticut Department of Environmental
Protection previously submitted an ozone attainment demonstration,
Reasonable Further Progress plan, and contingency measures SIP, but EPA
has not acted on these SIPs.
    This action does not constitute a redesignation to attainment under
CAA section 107(d)(3), because the area does not have an approved
maintenance plan as required under section 175A of the CAA, nor a
determination that the area has met the other requirements for
redesignation. The classification and designation status of the area
remains moderate nonattainment for the 1997 8-hour ozone NAAQS until
such time as EPA determines that it meets the CAA requirements for
redesignation to attainment. If EPA subsequently determines, after
notice-and-comment rulemaking in the Federal Register, that the area
has violated the 1997 8-hour ozone standard, the basis for the
suspension of these requirements would no longer exist, and the area
would thereafter have to address the pertinent requirements.
    In addition, in accordance with CAA section 181(b)(2)(A), EPA is
determining that the Greater Connecticut 1997 8-hour ozone
nonattainment area has attained the 1997 ozone NAAQS by its applicable
attainment date of June 15, 2010. Preliminary monitoring data that
became available subsequent to EPA's proposal are consistent with
continued attainment as of June 15, 2010. The effect of this
determination of attainment by the area's attainment date is to
discharge EPA's obligation under section 181(b)(2)(A), and to establish
that, in accordance with that section, the area will not be
reclassified for failure to attain by its applicable attainment date.

III. Final Action

    EPA is determining that the Greater Connecticut 8-hour ozone
nonattainment area has attained the 1997 8-hour ozone standard based on
three years of complete, quality-assured and certified ozone monitoring
data from 2007-2009. Preliminary data available through June 15, 2010
are consistent with continued attainment. As provided in 40 CFR 51.918,
this determination suspends the requirements for Connecticut to submit
an attainment demonstration, a reasonable further progress plan,
contingency measures under section 172(c)(9), and any other planning
SIP related to attainment of the 1997 8-hour ozone NAAQS for this area,
for so long as the area continues to attain the 1997

ozone standard. In addition, pursuant to CAA section 181(b)(2)(A) EPA
is determining that the Greater Connecticut 8-hour ozone nonattainment
area has attained the 1997 8-hour ozone NAAQS by its applicable
attainment date (June 15, 2010).

IV. Statutory and Executive Order Reviews

    These actions make a determination of attainment based on air
quality, and result in the suspension of certain Federal requirements,
and would not impose additional requirements beyond those imposed by
State law. For that reason, these actions:
     Are not ``significant regulatory actions'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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 Clean Air Act; and
     Do 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, these actions do not have Tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
Tribal governments or preempt Tribal law.
    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 these actions 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 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 November 1, 2010. 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 section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: August 19, 2010.
Ira W. Leighton,
Acting Regional Administrator, EPA New England.

0
Part 52 of chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

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

Subpart H--Connecticut

0
2. Section 52.377 is amended by adding paragraph (f) to read as
follows:

Sec.  52.377  Control strategy: Ozone.

* * * * *
    (f) Determination of Attainment. Effective September 30, 2010, EPA
is determining that the Greater Connecticut 8-hour ozone nonattainment
area has attained the 1997 8-hour ozone standard. Under the provisions
of EPA's ozone implementation rule (see 40 CFR 51.918), this
determination suspends the reasonable further progress and attainment
demonstration requirements of section 182(b)(1) and related
requirements of section 172(c)(9) of the Clean Air Act for as long as
the area does not monitor any violations of the 1997 8-hour ozone
standard. If a violation of the 1997 ozone NAAQS is monitored in the
Greater Connecticut 8-hour ozone nonattainment area, this determination
shall no longer apply.
    In addition, this area met its June 15, 2010 attainment deadline
for the 1997 ozone standard.

[FR Doc. 2010-21677 Filed 8-30-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 33 (Thursday, February 19, 2015)]
[Notices]
[Pages 8944-8945]
[FR Doc No: 2015-03360]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No: PHMSA-2015-0009]

Pipeline Safety: Information Collection Activities, Renewal of
Annual Report for Hazardous Liquid Pipeline Systems

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the
Pipeline and Hazardous Materials Safety Administration (PHMSA) invites
comments on its intent to request from the Office of Management and
Budget (OMB) a three year renewal of form PHMSA F 7000-1.1--Annual
Report for Hazardous Liquid Pipeline Systems which is currently
collected under OMB Control number 2137-0614.

DATES: Interested parties are invited to submit comments on or before
April 20, 2015.

ADDRESSES: Comments may be submitted in the following ways:
    E-Gov Web site: http://www.regulations.gov. This site allows the
public to enter comments on any Federal Register notice issued by any
agency.
    Fax: 1-202-493-2251.
    Mail: Docket Management Facility; U.S. Department of Transportation
(DOT), 1200 New Jersey Avenue SE., West Building, Room W12-140,
Washington, DC 20590-0001.
    Hand Delivery: Room W12-140 on the ground level of DOT, West
Building, 1200 New Jersey Avenue SE., Washington, DC, between 9:00 a.m.
and 5:00 p.m., Monday through Friday, except Federal holidays.
    Instructions: Identify the docket number, PHMSA-2012-0024, at the
beginning of your comments. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. You should know that anyone is able to
search the electronic form of all comments received into any of our
dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). Therefore, you may want to review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000, (65 FR 19477) or visit http://www.regulations.gov
before submitting any such comments.
    Docket: For access to the docket or to read background documents or
comments, go to http://www.regulations.gov at any time or to Room W12-
140 on the ground level of DOT, West Building, 1200 New Jersey Avenue
SE., Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays. If you wish to receive confirmation of
receipt of your written comments, please include a self-addressed,
stamped postcard with the following statement: ``Comments on PHMSA-
2012-0024.'' The Docket Clerk will date stamp the postcard prior to
returning it to you via the U.S. mail. Please note that due to delays
in the delivery of U.S. mail to Federal offices in Washington, DC, we
recommend that persons consider an alternative method (internet, fax,
or professional delivery service) of submitting comments to the docket
and ensuring their timely receipt at DOT.

FOR FURTHER INFORMATION CONTACT: Angela Dow by telephone at 202-366-
1246, by fax at<PHONE_NUMBER>, or by mail at DOT, PHMSA, 1200 New Jersey
Avenue SE., PHP-30, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: The following information is provided for
each information collection: (1) Abstract for the affected annual
report form; (2) title of the information collection; (3) OMB control
number; (4) affected annual report form; (5) description of affected
public; (6) estimate of total annual reporting and recordkeeping
burden; and (7) frequency of collection. PHMSA will request a three-
year term of approval for each information collection activity and,
when approved by OMB, publish notice of the approval in the Federal
Register.
    PHMSA requests comments on the following information collection:

    Title: Reporting Requirements for Hazardous Liquid Pipeline
Operators: Hazardous Liquid Annual Report.
    OMB Control Number: 2137-0614.
    Current Expiration Date: 12/31/2015.
    Type of Request: Renewal without change.
    Abstract: Each operator must annually complete and submit Form
PHMSA F 7000-1.1 for each type of hazardous liquid pipeline facility
operated at the end of the previous year as required by 49 CFR 195.49.
This Annual Report for Hazardous Liquid Pipeline Systems is required to
be filed by June 15 of each year for the preceding calendar year. On
the Annual Report form, PHMSA collects data concerning the number of
miles of pipeline each operator has and other characteristics of each
pipeline system. PHMSA also collects information on the number of
anomalies identified and repaired using various types of pipe
inspection and assessment methods.
    Affected Public: Hazardous liquid pipeline operators.
    Annual Reporting and Recordkeeping Burden:
    Total Annual Responses: 447.
    Total Annual Burden Hours: 8,457.
    Frequency of collection: Annually.
    Comments are invited on:
    (a) The need for the proposed collection of information for the
proper performance of the functions of the agency, including whether
the information will have practical utility;
    (b) The accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (c) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
    (d) Ways to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques.

    Issued in Washington, DC, on February 12, 2015.
Alan K. Mayberry,
Deputy Associate Administrator for Policy and Programs.
[FR Doc. 2015-03360 Filed 2-18-15; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Notices]
[Pages 57897-57899]
[FR Doc No: 2020-20358]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89809; File No. SR-OCC-2020-008]

Self-Regulatory Organizations; The Options Clearing Corporation;
Order Approving Proposed Rule Change To Enhance OCC's Stock Loan Close-
Out Process

September 10, 2020.

I. Introduction

    On July 14, 2020, the Options Clearing Corporation (``OCC'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change SR-OCC-2020-008 (``Proposed Rule Change'')
pursuant to Section 19(b) of the Securities Exchange Act of 1934
(``Exchange Act'') \1\ and Rule 19b-4 \2\ thereunder to require
Clearing Members that OCC instructs to buy-in or sell-out securities to
execute such transactions and provide OCC notice of such action by the
settlement time on the business day after OCC gives the instruction.\3\
The Proposed Rule Change was published for public comment in the
Federal Register on July 30, 2020.\4\ The Commission has received no
comments regarding the Proposed Rule Change.\5\ This order approves the
Proposed Rule Change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Notice of Filing infra note 4, 85 FR at 45943.
    \4\ Securities Exchange Act Release No. 89393 (Jul. 24, 2020),
85 FR 45943 (Jul. 30, 2020) (File No. SR-OCC-2020-008) (``Notice of
Filing''). OCC also filed a related advance notice (SR-OCC-2020-805)
(``Advance Notice'') with the Commission pursuant to Section
806(e)(1) of Title VIII of the Dodd-Frank Wall Street Reform and
Consumer Protection Act, entitled the Payment, Clearing, and
Settlement Supervision Act of 2010 and Rule 19b-4(n)(1)(i) under the
Exchange Act. 12 U.S.C. 5465(e)(1). 15 U.S.C. 78s(b)(1) and 17 CFR
240.19b-4, respectively. The Advance Notice was published in the
Federal Register on August 14, 2020. Securities Exchange Act Release
No. 89515 (Aug. 10, 2020), 85 FR 49697 (Aug. 14, 2020) (File No. SR-
OCC-2020-805).
    \5\ Since the proposal contained in the Proposed Rule Change was
also filed as an advance notice, all public comments received on the
proposal are considered regardless of whether the comments are
submitted on the Proposed Rule Change or Advance Notice.

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II. Background

    OCC serves as the sole clearing agency for standardized U.S.
securities options listed on Commission-registered national securities
exchanges (``listed options'').\6\ OCC also operates two programs under
which it clears stock loan transactions (the ``Stock Loan
Programs'').\7\ As described in more detail below, OCC proposes to
align the timeframes for closing out the open stock loan and non-stock
loan positions of a defaulting Clearing Member.
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    \6\ See Securities Exchange Act Release No. 85121 (Feb. 13,
2019), 84 FR 5157 (Feb. 20, 2019) (File No. SR-OCC-2015-02).
    \7\ OCC's two Stock Loan Programs are the ``Stock Loan/Hedge
Program'' and the ``Market Loan Program.'' Under its Stock Loan/
Hedge Program, OCC clears transactions initiated directly between
Clearing Members on a bilateral basis. Under its Market Loan
Program, OCC clears transactions initiated on either a broker-to-
broker basis or anonymously through the matching of bids and offers.
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    In the event of a Clearing Member default, OCC would close out the
defaulting Clearing Member's open positions, liquidate collateral, and
deposit the proceeds from such a close-out into a Liquidating
Settlement Account.\8\ Generally, OCC would seek to close out the
defaulting Clearing Member's open positions through an auction
conducted, before market open, on the day after a default occurs. Under
its rules, however, OCC may also seek to close out open positions
cleared under its Stock Loan Programs by instructing non-defaulting
Clearing Member counterparties to the open position to execute buy-in
or sell-out transactions by the end of the business day following the
default.\9\ In the event that a Clearing Member counterparty fails to
execute buy-in or sell-out transactions as instructed, OCC would
terminate the relevant stock loan positions based on end of day prices
from the business day following the default. Pursuant to the Proposed
Rule Change, OCC proposes to change (1) the time by which buy-in or
sell-out transactions for defaulted open stock loan positions must be
executed and (2) the price at which OCC would terminate positions not
closed out through the execution of buy-in or sell-out transactions.
---------------------------------------------------------------------------

    \8\ See OCC Rule 1104; available at https://www.theocc.com/getmedia/9d3854cd-b782-450f-bcf7-33169b0576ce/occ_rules.pdf. See
also Notice of Filing, 85 FR at 45944.
    \9\ ``Buy-in'' refers to a non-defaulting lender purchasing
replacement stock. ``Sell-out'' refers to a non-defaulting borrower
selling the loaned securities in order to recoup its collateral. See
Notice of Filing, 85 FR at 45943, n. 3.
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    Current rules. Under its Rule 2211 and Rule 2211A, OCC may instruct
a Clearing Member who is a party to stock loan transactions with a
defaulting Clearing Member to execute buy-in or sell-out transactions,
as applicable, with respect to each open stock borrow or loan position
of the defaulting Clearing Member.\10\ Currently, a Clearing Member so
instructed is obligated to execute the required transactions and
provide notice of such execution to OCC by the close of the business on
the day following receipt of such an instruction. If a Clearing Member
fails to execute buy-in or sell-out transactions as instructed, OCC may
terminate the relevant stock loan transactions. OCC would terminate
such transactions based on prices from the end of the day after OCC
issued buy-in or sell-out instructions (i.e., the same day by which the
Clearing Member was obligated to execute the buy-in or sell-out
transactions).
---------------------------------------------------------------------------

    \10\ See OCC Rules 2211 and 2211A. Typically, OCC issues such
instructions on the day of default. See Notice of Filing, 85 FR at
45944.
---------------------------------------------------------------------------

    Proposed change to execution time. OCC proposes to amend its Rules
2211 and 2211A with regard to the time by which a Clearing Member must
execute buy-in or sell-out transactions and provide notice to OCC of
such transactions. OCC would continue to require that such transactions
be executed by or before the business day following receipt of the
instruction to execute such transaction. OCC proposes, however, to move
up the time by which the transaction must be executed from the close of
business to ``settlement time,'' which OCC's current rules define as
9:00 a.m. Central Time.\11\
---------------------------------------------------------------------------

    \11\ See By-Law Article I, Section 1.S.(16); available at
https://www.theocc.com/getmedia/3309eceb-56cf-48fc-b3b3-498669a24572/occ_bylaws.pdf.
---------------------------------------------------------------------------

    OCC considered requiring the execution of buy-in or sell-out
transaction by the close of business on the day it instructed a
Clearing Member to execute such transactions; however, Clearing Members
expressed a preference for setting the deadline at 9:00 a.m. Central
Time the following business day because doing so would allow a non-
defaulting Clearing Member the opportunity to trade at market
opening.\12\ Because OCC typically issues buy-in or sell-out
instructions on the day of default, the proposed rule would require
such transactions to be executed by 9:00 a.m. Central Time on the
business day following the default. The required transactions would,
therefore, be executed on the same day on which OCC seeks to close out
a defaulting Clearing Member's other positions through its auction
procedures. OCC believes allowing non-defaulting Clearing Members to
trade at market opening on the morning following default would provide
additional time to execute the buy-in and sell-out transactions in a
manner consistent with OCC's two-day liquidation assumption.\13\ The
proposed change would provide OCC with authority under its rules to
compel execution of buy-in or sell out transactions designed to close
out a defaulting Clearing Member's stock loan positions at a point in
time closer to OCC's other default management processes (i.e.,
auctions) than is currently permitted under OCC's rules.
---------------------------------------------------------------------------

    \12\ See Notice of Filing, 85 FR at 45944-45.
    \13\ See Notice of Filing, 85 FR at 45945.
---------------------------------------------------------------------------

    Proposed change to termination price. OCC also proposes to amend
its Rules 2211 and 2211A with regard to the price on which termination
of stock loan positions would be based if a Clearing Member fails to
execute buy-in or sell-out transactions within the required timeframes.
Under the proposal, OCC would close out such positions based on end-of-
day prices from the same day on which OCC instructed the Clearing
Member to execute buy-in or sell-out transactions (i.e., the day before
the Clearing Member was obligated to execute the buy-in or sell-out
transactions).\14\ Such a price would be the last settlement price
captured in OCC's systems prior to the time by which the non-defaulting
Clearing Member was required to execute buy-in or sell-out
transactions.\15\ OCC believes that using such a price, already
available in its system, would be superior to other options because it
would allow for an automated process not susceptible to the delays and
errors of manually pulling price information.\16\
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    \14\ For example, OCC might rely on such end-of-day prices if
Clearing Members were unable to execute buy-in or sell-out
transactions to terminate open stock loan positions during the
morning of the business day following the default because of circuit
breaker activity. The use of the end-of-day prices from the day of
default, as opposed to end-of-day prices following a full day of
trading, would provide closer alignment of market conditions for
OCC's auction and stock loan terminations than the current rules.
    \15\ See Notice of Filing, 85 FR at 45944.
    \16\ See Notice of Filing, 85 FR at 45945.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Exchange Act directs the Commission to
approve a proposed rule change of a self-regulatory organization if it
finds that such proposed rule change is consistent with the
requirements of the Exchange Act and the rules and regulations
thereunder applicable to such organization.\17\ After carefully
considering the Proposed Rule Change,

the Commission finds that the proposal is consistent with the
requirements of the Exchange Act and the rules and regulations
thereunder applicable to OCC. More specifically, the Commission finds
that the proposal is consistent with Section 17A(b)(3)(F) of the
Exchange Act \18\ and Rule 17Ad-22(e)(13) thereunder.\19\
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(2)(C).
    \18\ 15 U.S.C. 78q-1(b)(3)(F).
    \19\ 17 CFR 240.17Ad-22(e)(13).
---------------------------------------------------------------------------

A. Consistency With Section 17A(b)(3)(F) of the Exchange Act

    Section 17A(b)(3)(F) of the Exchange Act requires, among other
things, that the rules of a clearing agency be designed to promote the
prompt and accurate clearance and settlement of securities
transactions.\20\ Based on its review of the record, the Commission
believes that the changes proposed in the Proposed Rule Change are
consistent with the promotion of prompt and accurate clearance and
settlement of securities transactions for the reasons described below.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    As a central counterparty and SIFMU,\21\ it is imperative that OCC
maintain default management processes designed to contain losses. As
described above, OCC may, in the event of a Clearing Member default,
seek to close out stock loan positions by requiring Clearing Members to
execute buy-in or sell-out transactions while closing out non-stock
loan positions and liquidating collateral via an auction. Pursuant to
the Proposed Rule Change, OCC proposes to more closely align the
timeframe within which buy-in and sell-out transactions would occur
with the timeframe of a default auction. In the event that such
transactions do not occur within the required timeframes, OCC further
proposes to terminate such stock loan transactions based on end of day
prices from the same day on which OCC instructed the Clearing Member to
execute buy-in or sell-out transactions. Such prices would likely
represent the last market price received before OCC would auction off
the rest of the defaulting Clearing Member's portfolio prior to the
market open on the following morning.
---------------------------------------------------------------------------

    \21\ See Financial Stability Oversight Council (``FSOC'') 2012
Annual Report, Appendix A, available at https://www.treasury.gov/initiatives/fsoc/Documents/2012%20Annual%20Report.pdf.
---------------------------------------------------------------------------

    Aligning the timeframes for closing out stock loan positions and
non-stock loan positions and collateral would reduce the potential for
significant market movements occurring between the time by which OCC
closes out positions and liquidates collateral related to such
positions. Avoiding the potential for such market movements would, in
turn, increase the likelihood that such collateral would be sufficient
to mitigate losses arising out of the close out of stock loan
positions. Mitigating such losses would increase likelihood that OCC
could liquidate a defaulting Clearing Member's portfolio without
realizing severe credit losses.
    OCC is the sole registered clearing agency for the U.S. listed
options markets. Increasing the likelihood that OCC could liquidate a
defaulting Clearing Member's portfolio without realizing severe credit
losses strengthens OCC's ability to manage Clearing Member defaults,
which, in turn, facilitates the clearance and settlement of listed
options. The Commission believes that the Proposed Rule Change would
promote the prompt and accurate clearance and settlement of securities
transactions and is, therefore, consistent with the requirements of
Section 17A(b)(3)(F) of the Exchange Act.\22\
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

B. Consistency With Rule 17Ad-22(e)(13) Under the Exchange Act

    Rule 17Ad-22(e)(13) under the Exchange Act requires that a covered
clearing agency establish, implement, maintain, and enforce written
policies and procedures reasonably designed to ensure the covered
clearing agency has the authority and operational capacity to take
timely action to contain losses and liquidity demands and continue to
meets its obligations.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 240.17Ad-22(e)(13).
---------------------------------------------------------------------------

    As described above OCC, proposes to use its authority to alter the
time when OCC will close out a defaulting Clearing Member's open stock
loan positions. The proposed change would move the point in time by
which OCC can close out open stock loan positions closer to the point
in time by which OCC would seek to close the defaulting Clearing
Member's non-stock loan positions and liquidate the defaulting Clearing
Member's collateral via an auction. Aligning the timeframes for closing
out stock loan positions and non-stock loan positions and collateral
would reduce the potential for significant market movements occurring
between the time by which OCC closes out positions and liquidates
collateral related to such positions. Avoiding the potential for such
market movements would, in turn, increase the likelihood that such
collateral would be sufficient to mitigate losses arising out of the
close out of stock loan positions.
    OCC also proposes to terminate stock loan positions not closed out
through buy-in or sell-out transactions based on end of day prices from
the same day on which OCC instructed the Clearing Member to execute
buy-in or sell-out transactions. As described above, such prices would
likely represent the last market price received before OCC would
auction off the rest of the defaulting Clearing Member's portfolio
prior to the market open on the following morning. Similar to the
change in the time by which Clearing Members would be instructed to
execute buy-in or sell-out transactions, the proposed change in
termination price would mitigate losses arising out of the close out of
open stock loan positions by reducing the potential for significant
market movements between the close out of positions and liquidation of
related collateral. Taken together, the Commission believes that
proposed changes regarding the close out a defaulting Clearing Member's
open stock loan positions would enhance OCC's authority to take timely
action to contain losses.
    Accordingly, the Commission believes that Proposed Rule Change
would be consistent with Rule 17Ad-22(e)(13) under the Exchange
Act.\24\
---------------------------------------------------------------------------

    \24\ 17 CFR 240.17Ad-22(e)(13).
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
Proposed Rule Change is consistent with the requirements of the
Exchange Act, and in particular, the requirements of Section 17A of the
Exchange Act \25\ and the rules and regulations thereunder.
---------------------------------------------------------------------------

    \25\ In approving this Proposed Rule Change, the Commission has
considered the proposed rules' impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Exchange Act,\26\ that the Proposed Rule Change (SR-OCC-2020-008) be,
and hereby is, approved.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
---------------------------------------------------------------------------

    \27\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-20358 Filed 9-15-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 13, 2006 (Volume 71, Number 134)]
[Notices]
[Page 39676-39677]
[DOCID:fr13jy06-65]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[IC06-544-001, FERC-544]

Commission Information Collection Activities, Proposed
Collection; Comment Request; Extension

June 27, 2006.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice.

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

SUMMARY: In compliance with the requirements of section 3507 of the
Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy
Regulatory Commission (Commission) has submitted the information
collection described below to the Office of Management and Budget (OMB)
for review and extension of this information collection requirement.
Any interested person may file comments directly with OMB and should
address a copy of those comments to the Commission as explained below.
The Commission received no comments in response to an earlier Federal
Register notice of March 17, 2006 (71 FR 13819-13820) and has made this
notation in its submission to OMB.

DATES: Comments on the collection of information are due by July 31,
2006.

ADDRESSES: Address comments on the collection of information to the
Office of Management and Budget, Office of Information and Regulatory
Affairs, Attention: Federal Energy Regulatory Commission Desk Officer.
Comments to OMB should be filed electronically, c/o
<EMAIL_ADDRESS>and include the OMB Control No. as a point of

reference. The Desk Officer may be reached by telephone at 202-395-
4650. A copy of the comments should also be sent to the Federal Energy
Regulatory Commission, Office of the Executive Director, ED-34,
Attention: Michael Miller, 888 First Street, NE., Washington, DC 20426.
Comments may be filed either in paper format or electronically. Those
persons filing electronically do not need to make a paper filing. For
paper filings, and original and 14 copies of such comments should be
submitted to the Secretary of the Commission, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426 and should
refer to Docket No. IC06-544-001.
    Documents filed electronically via the Internet must be prepared in
WordPerfect, MS Word, Portable Document Format, or ASCII format. To
file the document, access the Commission's Web site at http://www.ferc.gov
 and click on ``Make an E-Filing,'' and then follow the

instructions for each screen. First time users will have to establish a
user name and password. The Commission will send an automatic
acknowledgement to the sender's e-mail address upon receipt of
comments. User assistance for electronic filings is available at 202-
502-8258 or by e-mail to<EMAIL_ADDRESS>Comments should not be
submitted to this e-mail address.
    All comments may be viewed, printed or downloaded remotely via the
Internet through FERC's homepage using the ``eLibrary'' link. Enter the
docket number excluding the last three digits in the docket number
field to access the document. For user assistance, contact
<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>, or for TTY,

contact<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by
telephone at<PHONE_NUMBER>, by fax at<PHONE_NUMBER>, and by e-mail at
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

Description

    The information collection submitted for OMB review contains the
following:
    1. Collection of Information: FERC-544 ``Gas Pipeline Rates: Rate
Change (Formal).''
    2. Sponsor: Federal Energy Regulatory Commission.
    3. Control No. 1902-0153.
    The Commission is now requesting that OMB approve and extend the
expiration date for an additional three years with no changes to the
existing collection. The information filed with the Commission is
mandatory.
    4. Necessity of the Collection of Information: Submission of the
information is necessary for the Commission to carry out its
responsibilities in implementing the statutory provisions of sections
4, 5, and 16 of the Natural Gas Act (U.S.C. 717c-717o, Pub. L. 75-688).
The Commission implements FERC-544 filing requirements in the Code of
Federal Regulations (CFR) under 18 CFR part 154.
    General rate change applications filed under section 4(e) of the
Natural Gas

Act reflect changes in rates based generally upon changes in the
pipeline company's overall costs of providing service. Staff analyses
are performed to determine whether the proposed rates and charges are
consistent with the Commission's statutory responsibilities, policies,
conditions. A preliminary review and report to the Commission of all
changes filed under the NGA must be made by staff. Based upon the
report, the Commission determines whether the filing should be accepted
or suspended and set for hearing and investigation. 18 CFR 154.301-
154.313 govern the filing requirements for rate changes and define the
statements and schedules pipeline companies must file in support of
their proposed rates and changes. 18 CFR 154.205 governs the filing
requirements for changes relating to suspended tariffs, executed
agreements or parts thereof. 18 CFR 154.206 permits the proposed change
in rate, charge, classification or service to go into effect upon
motion of the jurisdictional gas pipeline at the expiration of the
suspension period or upon receipt of the motion, whichever is later.
    Formal rate change filings (FERC-544) are suspended and set for
hearing. When the NGA Section 4(e) filing is suspended, the rate
becomes the subject of a hearing process and may go into effect subject
to refund with interest. All suspended filings that go through the
hearing process are considered formal cases and an investigation is
instituted to determine the reasonableness of the rate filing. If the
rates and charges are deemed unjust, unreasonable or unduly
discriminatory, the appropriate rate, charge or service condition is
ascertained. The formal proceeding is terminated by the issuance of a
final Commission order.
    5. Respondent Description: The respondent universe currently
comprises 11 companies (on average) subject to the Commission's
jurisdiction.
    6. Estimated Burden: 50,413 total hours, 11 respondents (average),
1 response per respondent, and 4,583 hours per response (average).
    7. Estimated Cost Burden to respondents: 50,413 hours/2080 hours
per years x $117,321 per year = $2,843,511. The cost per respondent is
equal to $258,501.

    Statutory Authority: Statutory provisions of sections 4, 5, and
16 of the Natural Gas Act (U.S.C. 717c-717o, Pub. L. 75-688). The
Commission implements FERC-544 filing requirements in the Code of
Federal Regulations (CFR) under 18 CFR part 154.

Magalie R. Salas,
Secretary.
[FR Doc. E6-10987 Filed 7-12-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: September 12, 2007 (Volume 72, Number 176)]
[Notices]
[Page 52105]
[DOCID:fr12se07-79]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

August 31, 2007.
    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission a copy of the
communication, if written, or a summary of the substance of any oral
communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using

the eLibrary link. Enter the docket number, excluding the last three
digits, in the docket number field to access the document. For
assistance, please contact FERC, Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,

contact<PHONE_NUMBER>.

------------------------------------------------------------------------
                                                        Presenter or
            Docket No.               Date received        requester
------------------------------------------------------------------------
                               Prohibited
------------------------------------------------------------------------
1. EL07-56-000, EL07-58-000.......         8-28-07  Craig Glazer.
------------------------------------------------------------------------
                                 Exempt
------------------------------------------------------------------------
1. CP07-44-000....................          8-7-07  Hon. Thad Cochran,
                                                     Hon. Trent Lott,
                                                     Hon. Charles
                                                     ``Chip'' Pickering.
2. Project No. 460-000............         8-13-07  Hon. Norm Dicks.
3. Project No. 2082-000...........         8-29-07  Rich Bodnar.
4. Project No. 2100-000...........          8-7-07  Hon. John T.
                                                     Doolittle.
5. Project No. 2100-000...........         8-23-07  Gail Williams.
6. Project No. 11291-023..........         8-14-07  James A. Glass, PhD.
7. Project No. 12796-000..........         8-13-07  Daniel E. Weaver \1\

------------------------------------------------------------------------
\1\One of 14 letters filed between August 13, 2007 and August 22, 2007,
  from the Cities of Clyde, Columbiana, Dover, Wapakoneta, Wadsworth,
  Celina and Piqua, Ohio; the Villages of Arcanum, Clinton, Edgerton,
  Eldorado, Milan, Minster, Montpelier, Oak Harbor and Plymouth, Ohio;
  the Borough of Ellwood City, Pennsylvania and the City of
  Martinsville, West Virginia.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-17922 Filed 9-11-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: February 9, 2010 (Volume 75, Number 26)]
[Notices]
[Page 6378]
[DOCID:fr09fe10-58]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER10-395-000, ER10-409-000, ER10-410-000]

Covanta Pylmouth Renewable Energy Limited Partnership Covanta
Energy Marketing LLC Covanta Power, LLC; Notice of Filing

February 2, 2010.
    Take notice that, on February 1, 2010, Covanta Pylmouth Renewable
Energy Limited Partnership, Covanta Energy Marketing LLC, and Covanta
Power, LLC filed to supplement their filing in the above captioned
docket with information required under the Commission's regulations.
Such filing served to reset the filing date in these proceedings.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on February 22, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-2724 Filed 2-8-10; 8:45 am]
BILLING CODE 6717-01-P