[Federal Register Volume 88, Number 184 (Monday, September 25, 2023)]
[Rules and Regulations]
[Pages 65585-65588]
[FR Doc No: 2023-20646]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1217; Project Identifier MCAI-2023-00477-T;
Amendment 39-22551; AD 2023-19-01]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A330-200 series; A330-200 Freighter series; A330-300
series; A330-800 series; A330-900 series; A340-200 series; and A340-300
series airplanes. This AD was prompted by reports of cracks found in
the scroll housing assembly of Honeywell GTCP331-350 auxiliary power
units (APUs). This AD requires replacing each affected APU or re-
identifying certain APU scroll housing assemblies, and prohibits the
installation of affected parts under certain conditions, as specified
in a European Union Aviation Safety Agency (EASA) AD, which is
incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective October 30, 2023.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 30,
2023.

ADDRESSES:

    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1217; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu.
     For Honeywell service information incorporated by
reference in this AD, contact Honeywell International, Inc., 111 South
34th Street, Phoenix, AZ 85034; phone:<PHONE_NUMBER>; fax: (602) 365-
5577; website: myaerospace.honeywell.com/wps/portal.
     You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2023-1217.

FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Airbus SAS Model
330-201, -202, -203, -223, -223F, -243, -243F, -301, -302, -303, -321,
-322, -323, -341, -342, -343, -841, -941, and -743L airplanes, and
Model A340-211, -212, -213, -311, -312, and -313 airplanes. Model A330-
743L airplanes are not certificated by the FAA and are not included on
the U.S. type certificate data sheet; this AD therefore does not
include those airplanes in the applicability. The NPRM published in the
Federal Register on June 20, 2023 (88 FR 39796). The NPRM was prompted
by AD 2023-0056, dated March 16, 2023, issued by EASA, which is the
Technical Agent for the Member States of the European Union (EASA AD
2023-0056) (also referred to as the MCAI). The MCAI states that cracks
were found in the scroll housing assembly of Honeywell GTCP331-350
APUs.
    In the NPRM, the FAA proposed to require replacing each affected
APU or re-identifying certain APU scroll housing assemblies, as
specified in EASA AD 2023-0056. The NPRM also proposed to prohibit the
installation of affected parts under certain conditions. The FAA is
issuing this AD to address cracks in the scroll housing assembly of
Honeywell GTCP331-350 APUs. The unsafe condition, if not addressed,
could result in hot air leakage and consequent damage to the APU
compartment and loss of the APU doors, possibly resulting in damage to
the airplane.
    Since EASA AD 2023-0056 was issued and the FAA NPRM was published,
EASA determined that a letter, which is part of an APU's serial number,
is used only to identify the manufacturing facility of the APU and has
no meaning in relation to the EASA AD 2023-0056 required actions.
Therefore, EASA issued AD 2023-0158, dated August 2, 2023 (EASA AD
2023-0158), which supersedes EASA AD 2023-0056 but retains the
requirements of EASA AD 2023-0056. EASA AD 2023-0158 only revises the
definition of ``affected APU'' to disregard any letter included in the
APU serial number.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1217.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Air Line Pilots Association,
International (ALPA) who supported the NPRM without change.

Additional Changes Made to This AD

    Since the NPRM was published, EASA AD 2023-0056 was superseded by
EASA AD 2023-0158. The FAA has updated this final rule accordingly by
replacing EASA AD 2023-0056 with EASA AD 2023-0158 in all affected
paragraphs.

Conclusion

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comment received, and determined that air safety requires adopting this
AD as proposed. Accordingly, the FAA is issuing this AD to address the
unsafe condition on this product. Except for minor editorial changes,
and any other changes described previously, this AD is adopted as
proposed in the NPRM. None of the changes will increase the economic
burden on any operator.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0158 specifies procedures for replacing each affected
APU or re-identifying certain APU scroll housing assemblies (those
having part number (P/N) 5053-181-001-501 or P/N<PHONE_NUMBER> and ``SR-
1'' next to the part number marking). EASA AD 2023-0158 also prohibits
the installation of affected parts under certain conditions.
    Honeywell Service Bulletin 5053-181-49-7895, dated July 21, 2006,
specifies procedures for, among other actions, re-identifying affected
APU scroll housing assemblies. While Honeywell distributes this
document, Aeronamic develops the technical content.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 128 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs For Required Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                   Parts cost         Cost per product         Cost on U.S. operators
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Up to 18 work-hours x $85 per hour = Up       $1,612,820  Up to $1,614,350..........  (*)
 to $1,530 (replace APU).
Up to 20 work-hours x $85 per hour = Up            3,141  Up to $4,841..............  (*)
 to $1,700 (re-identify APU scroll
 housing assembly).
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* Operators have the option to replace the APU or re-identify the APU scroll housing assembly. The FAA has no
  definitive data on which to provide a total cost estimate for U.S. operators for the required actions
  specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is 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

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2023-19-01 Airbus SAS: Amendment 39-22551; Docket No. FAA-2023-1217;
Project Identifier MCAI-2023-00477-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 30, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes specified in
paragraphs (c)(1) through (7) of this AD, certificated in any
category.
    (1) Model A330-201, -202, -203, -223, and -243 airplanes.
    (2) Model A330-223F and -243F airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
    (4) Model A330-841 airplanes.
    (5) Model A330-941 airplanes.
    (6) Model A340-211, -212, and -213 airplanes.
    (7) Model A340-311, -312, and -313 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 49, Airborne
auxiliary power.

(e) Unsafe Condition

    This AD was prompted by reports of cracks found in the scroll
housing assembly of Honeywell GTCP331-350 auxiliary power units
(APUs). The FAA is issuing this AD to address such cracks. The
unsafe condition, if not addressed, could result in hot air leakage
and consequent damage to the APU compartment and loss of the APU
doors, possibly resulting in damage to the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2023-0158, dated August 2, 2023 (EASA AD 2023-0158).

(h) Exceptions to EASA AD 2023-0158

    (1) Where EASA AD 2023-0158 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where EASA AD 2023-0158 refers to the effective date of EASA
AD 2023-0056, this AD requires using the effective date of this AD.
    (3) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0158.
    (4) Where EASA AD 2023-0158 specifies to re-identify an SR-1
affected part ``in accordance with the instructions of the SB,'' for
this AD, operators must use Honeywell Service Bulletin 5053-181-49-
7895, dated July 21, 2006.
    Note 1 to paragraph (h)(4): Honeywell distributes this document;
Aeronamic develops the technical content.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (j) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (i)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided

the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(j) Additional Information

    For more information about this AD, contact Timothy Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email
[email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0158,
dated August 2, 2023.
    (ii) Honeywell Service Bulletin 5053-181-49-7895, dated July 21,
2006.
    (3) For EASA AD 2023-0158, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (4) For Honeywell service information incorporated by reference
in this AD, contact Honeywell International, Inc., 111 South 34th
Street, Phoenix, AZ 85034; phone:<PHONE_NUMBER>; fax: (602) 365-
5577; website: myaerospace.honeywell.com/wps/portal.
    (5) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (6) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 18, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-20646 Filed 9-22-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 201 (Friday, October 16, 2020)]
[Notices]
[Pages 65882-65884]
[FR Doc No: 2020-22734]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90141; File No. SR-LTSE-2020-19]

Self-Regulatory Organizations; Long-Term Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Continue Suspending the Application of Order Price Collars in Rule
11.190(f)(1) Until December 8, 2020

October 8, 2020.
    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 October 7, 2020, Long-Term Stock Exchange, Inc. (``LTSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    LTSE proposes to continue suspending until December 8, 2020, the
provisions of Rule 11.190(f)(1) pending further systems development
work.
    The text of the proposed rule change is available at the Exchange's
website at https://longtermstockexchange.com/, at the principal office
of the Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement on 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 these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in Sections A, B, and C below, of the
most significant aspects of such statements.

A. Self-Regulatory Organization's Statement on the Purpose of, and the
Statutory Basis for, the Proposed Rule Change \3\
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    \3\ Unless otherwise defined, capitalized terms are used herein
as defined in the LTSE Rulebook.
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1. Purpose
    LTSE Rule 11.190(f)(1) prevents an incoming order or order resting
on the Order Book, including those marked ISO, from executing at a
price outside the Order Collar price range (i.e., prevents buy orders
from trading at prices above the collar and prevents sell orders from
trading at prices below the collar). The Order Collar price range is
calculated using the numerical guidelines for clearly erroneous
executions (``CEE'').\4\ Under Rule 11.190(f)(1), executions are
permitted at

prices within the Order Collar price range, inclusive of the
boundaries. Thus, Rule 11.190(f)(1) seeks to prevent an execution that
would otherwise be handled under the CEE procedures.
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    \4\ See LTSE Rule 11.270(f)(1)(D).
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    The Exchange became operational on August 28, 2020.\5\ However, the
automated processes to set the Order Collar price range pursuant to
Rule 11.190(f)(1) were not yet fully operational at that time, and the
Exchange temporarily suspended Rule 11.190(f)(1) until October 8,
2020.\6\ It is anticipated that the automated processes will still not
be fully operational on October 8, 2020. Therefore, to ensure the
Exchange operates in conformity with its Rule Book, the Exchange
proposes to continue suspending Rule 11.190(f)(1) until December 8,
2020, pending further systems development work. The Exchange will
continue to work diligently to finalize the implementation of the Order
Collar price range as described in Rule 11.190(f)(1). The Exchange
previously issued a Regulatory Information Circular alerting its
Members of the prior delay until October 8, 2020,\7\ and will promptly
issue a new Regulatory Information Circular regarding the continued
suspension of Rule 11.190(f)(1).
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    \5\ See LTSE Production Securities Phase-In Set for Friday,
August 28, LTSE (August 24, 2010), available at https://assets.ctfassets.net/cchj2z2dcfyd/4Ul3ygPsrihSz4lpQnBThu/56a54c087891a5aa20152398bdb51cea/MA-2020-022__Reminder_Production_Securities_Launching_August_28_-_Google_Docs.pdf.
    \6\ See Securities Exchange Act Release No. 89766 (September 3,
2020), 85 FR 55872 (September 10, 2020) (File No. SR-LTSE-2020-15).
LTSE previously suspended Rule 11.190(f)(1) until September 8, 2020.
See Securities Exchange Act Release No. 89710. (August 28, 2020), 85
FR 55052 (September 3, 2020) (File No. SR-LTSE-2020-14).
    \7\ See Notice of Rule Filing to Continue Suspending the
Application of Rule 11.190(f)(1) Until October 8, 2020, LTSE
(September 8, 2020), available at https://assets.ctfassets.net/cchj2z2dcfyd/m7BwE3CzkQ0CdiJFe6VNq/0dd30317270d951116253a4d301036cf/RIC-2020-08_.pdf.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\8\ in general, and
furthers the objectives of Section 6(b)(5) of the Act,\9\ in
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, promote just and equitable principles
of trade, to foster cooperation and coordination with persons engaged
in facilitating transactions in securities, to remove impediments to
and perfect the mechanism of a free and open market and a national
market system and, in general, to protect investors and the public
interest.
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    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(5).
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    The Order Collar provisions of Rule 11.190(f)(1) are a prophylactic
measure to prevent trade executions outside of certain price bands. The
Exchange has in effect other provisions to address trade executions at
prices outside of these price bands, such as Rule 11.270 (Clearly
Erroneous Executions). Additionally, Rule 11.281 (Limit-Up Limit-Down)
prevents trades in NMS Stocks from occurring outside specified price
bands.\10\ The Exchange further notes that other national securities
exchanges operate without order price collars during their regular,
continuous market trading sessions.\11\
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    \10\ Rule 11.281 was adopted under the LULD Plan, see Securities
Exchange Act Release No. 85623 (April 11, 2019), 84 FR 16086 (April
17, 2019), and is designed to prevent trades in NMS Stocks from
occurring outside specified price bands, which are set at a
percentage level above and below the average reference price of a
security over the preceding five-minute period.
    \11\ See, e.g., MEMX Rulebook (8.17.20), available at https://info.memxtrading.com/wp-content/uploads/2020/08/MEMX-Rulebook-8.17.20.pdf; Rulebook--The Nasdaq Stock Market, available at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules (last accessed
September 3, 2020).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
change is not designed to address any competitive issue, but rather
would provide the public and market participants with clarity and
certainty regarding the operations of the Exchange. Additionally, the
proposed rule change would not be an inappropriate burden on
intramarket competition as it would be applied equally to all Members.
It also is not a burden on intermarket competition as other exchange
similarly operate without order price collars.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Commission has waived the five business day notification
requirement for this proposed rule change.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \14\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \15\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposed rule change may become operative immediately. According to
the Exchange, waiver of the 30-day operative delay will allow the
suspension to remain in effect while the Exchange continues to pursue
the necessary systems development work. The Exchange notes that
operations of the Exchange will not change and Members are aware \16\
and will continue to be aware that the Order Collar functionality is
currently not being deployed. The Exchange believes that the proposed
rule change does not significantly affect the protection of investors
or the public interest or impose a significant burden on competition
because it is designed to continue the suspension of a prophylactic
rule and that the proposed rule change does not impose any burden on
Members or market participants. The Commission believes that waiving
the 30-day operative delay is consistent with the protection of
investors and the public interest, as doing so will ensure that the
rule change becomes operative before the date that the existing
temporary suspension of Rule 11.190(f)(1) expires. Accordingly, the
Commission hereby waives the operative delay and designates the
proposed rule change operative upon filing.\17\
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    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ See supra note 6.
    \17\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may

temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule change should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-LTSE-2020-19 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-LTSE-2020-19. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-LTSE-2020-19 and should be submitted on
or before November 6, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-22734 Filed 10-15-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Notices]
[Pages 34303-34304]
[FR Doc No: 2021-13787]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2021-0006-N-6]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (DOT).

ACTION: Notice of information collection; request for comment.

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

SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its
implementing regulations, FRA seeks approval of the Information
Collection Request (ICR) abstracted below. Before submitting this ICR
to the Office of Management and Budget (OMB) for approval, FRA is
soliciting public comment on specific aspects of the activities
identified in the ICR.

DATES: Interested persons are invited to submit comments on or before
August 30, 2021.

ADDRESSES: Written comments and recommendations for the proposed ICR
should be submitted on regulations.gov to the docket, Docket No. FRA
2021-0006. All comments received will be posted without change to the
docket, including any personal information provided. Please refer to
the assigned OMB control number in any correspondence submitted. FRA
will summarize comments received in response to this notice in a
subsequent notice and include them in its information collection
submission to OMB for approval.

FOR FURTHER INFORMATION CONTACT:  Ms. Hodan Wells, Information
Collection Clearance Officer, at email<EMAIL_ADDRESS>or
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
provide 60-days' notice to the public to allow comment on information
collection activities before seeking OMB approval of the activities.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. Specifically,
FRA invites interested parties to comment on the following ICR
regarding: (1) Whether the information collection activities are
necessary for FRA to properly execute its functions, including whether
the activities will have practical utility; (2) the accuracy of FRA's
estimates of the burden of the information collection activities,
including the validity of the methodology and assumptions used to
determine the estimates; (3) ways for FRA to enhance the quality,
utility, and clarity of the information being collected; and (4) ways
for FRA to minimize the burden of information collection activities on
the public, including the use of automated collection techniques or
other forms of information technology. See 44 U.S.C. 3506(c)(2)(A); 5
CFR 1320.8(d)(1).
    FRA believes that soliciting public comment may reduce the
administrative and paperwork burdens associated with the collection of
information that Federal regulations mandate. In summary, FRA reasons
that comments received will advance three objectives: (1) Reduce
reporting burdens; (2) organize information collection requirements in
a ``user-friendly'' format to improve the use of such information; and
(3) accurately assess the resources expended to retrieve and produce
information requested. See 44 U.S.C. 3501.
    The summary below describes the ICR that FRA will submit for OMB
clearance as the PRA requires:
    Title: Hours of Service Regulations.
    OMB Control Number: 2130-0005.
    Abstract: FRA's hours of service recordkeeping regulations (49 CFR
part 228), amended as mandated by the Rail Safety Improvement Act of
2008, include substantive hours of service requirements for train
employees (i.e., locomotive engineers and conductors) providing
commuter and intercity rail passenger transportation (e.g., maximum on-
duty periods, minimum off-duty periods, and other limitations). The
regulations also require railroads to evaluate passenger train employee
work schedules for risk of employee fatigue and implement measures to
mitigate the risk, and to submit to FRA for approval certain schedules
and mitigation plans. Finally, the regulations include recordkeeping
and reporting provisions requiring railroads to keep hours of service
records, and report excessive service, for train employees, signal
employees, and dispatching service employees on both freight and
passenger railroads.
    FRA uses the information collected to verify that railroads do not
require or allow their employees to exceed maximum on-duty periods, and
ensure that they abide by minimum off-duty periods, and adhere to other
limitations

in this regulation, to enhance rail safety and reduce the risk of
accidents/incidents caused, or contributed to, by train employee
fatigue.
    Type of Request: Extension without change (with changes in
estimates) of a currently approved collection.
    Affected Public: Businesses (railroads and signal contractors).
    Form(s): FRA F 6180.3.
    Respondent Universe: 796 railroads, signal contractors and
subcontractors.
    Frequency of Submission: On occasion.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                  Respondent      Total annual     Average time    Total annual     Total cost
       CFR section \1\             universe        responses      per responses    burden hours   equivalent \2\
----------------------------------------------------------------------------------------------------------------
228.11--Hours of duty records  796 railroads/   17,448,669       3 minutes               994,880     $77,043,507
                                signal           (electronic      (electronic
                                contractors &    records) +       records) + 8
                                subcontractors.  918,351 (paper   minutes (paper
                                                 records).        records).
228.17--Dispatchers record of  65 dispatch      285,000          1 hour.........         285,000      22,070,400
 train movements.               offices.         cumulative
                                                 train-movement
                                                 tracking.
228.19(g)-(h)--Monthly         796 railroads/   1,750 reports..  1 hour.........           1,750         135,520
 reports of excess service--    signal
 Exception (FRA F 6180.3).      contractors &
                                subcontractors.
228.103/.107--Construction of  796 railroads/   2 petition       24 hours.......              48           3,717
 employees' sleeping            signal           waivers.
 quarters--Petition request     contractors &
 to FRA to allow construction   subcontractors.
 near work areas.
228.207(b)--Training--Initial  671 railroads..  250 training     2 minutes......               8             620
 training--New employees and                     records.
 supervisors.
--(c) Refresher training--     796 railroads/   796 audits and   2 hours........           1,592         123,284
 System audits for              signal           records.
 irregularities by railroads    contractors &
 and contractors.               subcontractors.
228.407(a)--Analysis of work   34 railroads...  3 analyses.....  2 hours........               6             465
 schedules--Railroads'
 analysis of one cycle of
 work schedules of employees
 engaged in commuter or
 intercity passenger
 transportation.
--(b) Submissions of certain   34 railroads...  3 fatigue        20 hours.......              60           4,646
 work schedules and any                          mitigation
 fatigue mitigation plans and                    plans.
 determinations of
 operational necessity or
 declarations.
--(b) Submissions to FRA for   34 railroads...  1 submission...  1 hour.........               1              77
 review and approval.
--(d) Analysis of certain      34 railroads...  1 analysis or    1 hour.........               1           9,647
 later changes in work                           plan.
 schedules--Analyses and
 mitigation plans--
 Resubmission to FRA for
 approval.
228.411--Training programs on  34 railroads...  34 railroads...  2 hours........              68           5,266
 fatigue and related topics
 (e.g., rest, alertness,
 changes in rest cycles,
 etc.).
--(e) Records of training on   34 railroads...  5,539 records..  1 minute.......              92           7,124
 fatigue and related topics.
228.411(f)--Conditional        83 railroads...  1 written        1 hour.........               1              77
 exclusion--Written                              declaration.
 declaration to FRA by
 tourist, scenic, historic,
 or excursion railroads
 seeking exclusion.
                              ----------------------------------------------------------------------------------
    Totals \3\...............  796 railroads/   18,660,400       N/A............       1,283,507      99,404,352
                                signal           responses.
                                contractors &
                                subcontractors.
----------------------------------------------------------------------------------------------------------------
\1\ The current inventory exhibits a total burden of 3,421,290 hours while the total burden of this notice is
  1,283,507 hours. FRA determined many of the estimates were initial estimates, outdated, or duplicates.
  Moreover, other estimates were not derived from PRA requirements, thus leading to the increased figures in the
  current inventory, which were decreased accordingly in this notice.
\2\ The dollar equivalent cost is derived from the Surface Transportation Board's 2020 Full Year Wage A&B data
  series using the appropriate employee group hourly wage rate that includes a 75-percent overhead charge.
\3\ Totals may not add due to rounding.

    Total Estimated Annual Responses: 18,660,400.
    Total Estimated Annual Burden: 1,283,507 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$99,404,352.
    Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 1320.8(b)(3)(vi),
FRA informs all interested parties that a respondent is not required to
respond to, conduct, or sponsor a collection of information that does
not display a currently valid OMB control number.

    Authority: 44 U.S.C. 3501-3520.

Brett A. Jortland,
Acting Chief Counsel.
[FR Doc. 2021-13787 Filed 6-28-21; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 85, Number 125 (Monday, June 29, 2020)]
[Proposed Rules]
[Pages 38816-38820]
[FR Doc No: 2020-13453]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0194; FRL 10010-69-Region 3]

Air Plan Approval; West Virginia; 1997 8-Hour Ozone Standard
Second Maintenance Plan for the Charleston, West Virginia Area
Comprising Kanawha and Putnam Counties

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
State of West Virginia. This revision pertains to the West Virginia
Department of Environmental Protection's (WVDEP) plan for maintaining
the 1997 8-hour ozone national ambient air quality standards (NAAQS)
for the Charleston Area (comprising Kanawha and Putnam Counties). This
action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before July 29, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2020-0194 at https://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2036. Mr. Becoat can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On December 10, 2019, WVDEP submitted a
revision to the West Virginia SIP to incorporate a plan for maintaining
the 1997 ozone NAAQS through August 10, 2026, in accordance with CAA
section 175A.

I. Background

    In 1979, under section 109 of the CAA, EPA established primary and
secondary NAAQS for ozone at 0.12 parts per million (ppm), averaged
over a 1-hour period. 44 FR 8202 (February 8, 1979). On July 18, 1997
(62 FR 38856),\1\ EPA revised the primary and secondary NAAQS for ozone
to set the acceptable level of ozone in the ambient air at 0.08 ppm,
averaged over an 8-hour period. EPA set the 8-hour ozone NAAQS based on
scientific evidence demonstrating that ozone causes adverse health
effects at lower concentrations and over longer periods of time than
was understood when the pre-existing 1-hour ozone NAAQS was set.
Following promulgation of a new or revised NAAQS, EPA is required by
the CAA to designate areas throughout the nation as attaining or not
attaining the NAAQS. On April 30, 2004 (69 FR 23858), EPA designated
the Charleston Area as nonattainment for the 1997 8-hr ozone NAAQS.
---------------------------------------------------------------------------

    \1\ In March 2008, EPA completed another review of the primary
and secondary ozone standards and tightened them further by lowering
the level for both to 0.075 ppm. 73 FR 16436 (March 27, 2008).
Additionally, in October 2015, EPA completed a review of the primary
and secondary ozone standards and tightened them by lowering the
level for both to 0.70 ppm. 80 FR 65292 (October 26, 2015).
---------------------------------------------------------------------------

    Once a nonattainment area has three years of complete and certified
air quality data that has been determined to attain the NAAQS, and the
area has met the other criteria outlined in CAA section
107(d)(3)(E),\2\ the state can submit a request to EPA to redesignate
the area to attainment. Areas that have been redesignated by EPA from
nonattainment to attainment are referred to as ``maintenance areas.''
One of the criteria for redesignation is to have an approved
maintenance plan under CAA section 175A. The maintenance plan must
demonstrate that the area will continue to maintain the standard for
the period extending 10 years after redesignation, and it must contain
such additional measures as necessary to ensure maintenance as well
contingency measures as necessary to assure that violations of the
standard will be promptly corrected.
---------------------------------------------------------------------------

    \2\ The requirements of CAA section 107(d)(3)(E) include
attainment of the NAAQS, full approval under section 110(k) of the
applicable SIP, determination that improvement in air quality is a
result of permanent and enforceable reductions in emissions,
demonstration that the state has met all applicable section 110 and
part D requirements, and a fully approved maintenance plan under CAA
section 175A.
---------------------------------------------------------------------------

    On July 11, 2006 (71 FR 39001, effective August 10, 2006), EPA
approved a redesignation request (and maintenance plan) from WVDEP for
the Charleston Area. In accordance with section 175A(b), at the end of
the eighth year after the effective date of the redesignation, the
state must also submit a second maintenance plan to ensure ongoing
maintenance of the standard for an additional 10 years.
    EPA's final implementation rule for the 2008 ozone NAAQS revoked
the 1997 ozone NAAQS and provided that one consequence of revocation
was that areas that had been redesignated to attainment (i.e.,
maintenance areas) for the 1997 NAAQS no longer needed to submit second
10-year maintenance plans under CAA section 175A(b).\3\ However, in
South Coast Air Quality Management District v. EPA \4\ (South Coast
II), the United States Court of Appeals for the District of Columbia
(D.C. Circuit) vacated EPA's interpretation that, because of the
revocation of the 1997 ozone standard, second maintenance plans were
not required for ``orphan maintenance areas,'' (i.e., areas like
Kanawha and Putnam Counties) that had been redesignated to attainment
for the 1997 NAAQS and were designated attainment for the 2008 ozone
NAAQS. Thus, states

with these ``orphan maintenance areas'' under the 1997 ozone NAAQS must
submit maintenance plans for the second maintenance period.
---------------------------------------------------------------------------

    \3\ See 80 FR 12315 (March 6, 2015).
    \4\ 882 F.3d 1138 (D.C. Cir. 2018).
---------------------------------------------------------------------------

    As previously discussed, CAA section 175A sets forth the criteria
for adequate maintenance plans. In addition, EPA has published
longstanding guidance that provides further insight on the content of
an approvable maintenance plan, explaining that a maintenance plan
should address five elements: (1) An attainment emissions inventory;
(2) a maintenance demonstration; (3) a commitment for continued air
quality monitoring; (4) a process for verification of continued
attainment; and (5) a contingency plan. The Calcagni memo \5\ provides
that states may generally demonstrate maintenance by either performing
air quality modeling to show the future mix of sources and emission
rates will not cause a violation of the NAAQS or by showing that future
emissions of a pollutant and its precursors will not exceed the level
of emissions during a year when the area was attaining the NAAQS (i.e.,
attainment year inventory). See Calcagni Memo at 9. EPA further
clarified in three subsequent guidance memos describing ``limited
maintenance plans'' (LMPs) \6\ that the requirements of CAA section
175A could be met by demonstrating that the area's design value \7\ was
well below the NAAQS and that the historical stability of the area's
air quality levels showed that the area was unlikely to violate the
NAAQS in the future. Specifically, EPA believes that if the most recent
air quality design value for the area is at a level that is below 85%
of the standard, or in this case below 0.071 ppm, then EPA considers
the state to have met the section 175A requirement for a demonstration
that the area will maintain the NAAQS for the requisite period.
Accordingly, on December 10, 2019, WVDEP submitted a second maintenance
plan for the Charleston Area, following EPA's LMP guidance and
demonstrating that the area will maintain the 1997 ozone NAAQS through
August 10, 2026, i.e., through the end of the 20-year maintenance
period.
---------------------------------------------------------------------------

    \5\ ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (Calcagni Memo).
    \6\ See ``Limited Maintenance Plan Option for Nonclassifiable
Ozone Nonattainment Areas'' from Sally L. Shaver, Office of Air
Quality Planning and Standards (OAQPS), dated November 16, 1994;
``Limited Maintenance Plan Option for Nonclassifiable CO
Nonattainment Areas'' from Joseph Paisie, OAQPS, dated October 6,
1995; and ``Limited Maintenance Plan Option for Moderate
PM10 Nonattainment Areas'' from Lydia Wegman, OAQPS,
dated August 9, 2001.
    \7\ The ozone design value for a monitoring site is the 3-year
average of the annual fourth-highest daily maximum 8-hour average
ozone concentrations. The design value for an ozone nonattainment
area is the highest design value of any monitoring site in the area.
---------------------------------------------------------------------------

II. Summary of SIP Revision and EPA Analysis

    WVDEP's December 10, 2019 SIP submittal outlines a plan for
continued maintenance of the 1997 ozone NAAQS which addresses the
criteria set forth in the Calcagni memo as follows.

A. Attainment Emissions Inventory

    A state should develop a comprehensive and accurate inventory of
actual emissions for an attainment year which identifies the level of
emissions in the area which is sufficient to maintain the NAAQS. The
inventory should be developed consistent with EPA's most recent
guidance. For ozone, the inventory should be based on typical summer
day's emissions of oxides of nitrogen (NOX) and volatile
organic compounds (VOC), the precursors to ozone formation. In the
first maintenance plan for the Charleston Area, WVDEP used 2004 for the
attainment year inventory, because 2004 was one of the years in the
2002-2004 three-year period when the area first attained the 1997 8-
hour ozone NAAQS. The Charleston Area continued to monitor attainment
of the 1997 8-hour ozone NAAQS in 2014. Therefore, the emissions
inventory from 2014 represents emissions levels conducive to continued
attainment (i.e., maintenance) of the NAAQS. Thus, WVDEP is using 2014
as representing attainment level emissions for its second maintenance
plan. WVDEP used 2014 summer day emissions from EPA's 2014 version 7.0
modeling platform as the basis for the 2014 inventory presented in
Table 1.\8\
---------------------------------------------------------------------------

    \8\ On April, 22, 2020, WVDEP submitted a clarifying letter to
EPA noting that the headings in Table 4 of its submittal were
inadvertently titled, ``2014 Summertime Daily NOX
Emissions (tpd)'' instead of ``2014 Summertime Daily VOC Emissions
(tpd).'' EPA does not believe that this mislabeling negatively
impacts proposed approval of this SIP revision.
    \9\ Data in Table 1 of the preamble only includes tons/day. See
Tables 3 and 4 of WVDEP's December 10, 2019 submittal for data in
tons/year.

                             Table 1--2014 Typical Summer Day VOC and NOX Emissions
                                                 [tons/day] \9\
----------------------------------------------------------------------------------------------------------------
                     Area                                Source category                VOC             NOX
----------------------------------------------------------------------------------------------------------------
Kanawha County................................  Fire............................            2.18            0.15
                                                Nonpoint........................           22.23            6.17
                                                Nonroad.........................            4.58            1.60
                                                Onroad..........................            5.21           13.27
                                                Point...........................            3.71           16.39
                                                                                -------------------------------
                                                Subtotal........................              38              38
                                                                                ===============================
Putnam County.................................  Fire............................            0.00            0.00
                                                Nonpoint........................            4.65            2.18
                                                Nonroad.........................            0.62            0.47
                                                Onroad..........................            1.27            3.24
                                                Point...........................            0.62           10.93
                                                                                -------------------------------
                                                   Subtotal.....................               7              17
                                                                                ===============================
    Charleston Area, WV.......................     Totals.......................              45              54
----------------------------------------------------------------------------------------------------------------

    The 2014 emissions inventory was prepared by WVDEP and uploaded
into EPA's Emissions Inventory System (EIS) for inclusion in EPA's
National Emission Inventory (NEI). The inventory addresses four
anthropogenic emission source categories: Stationary (point) sources,
stationary nonpoint (area) sources, nonroad mobile, and on-road mobile
sources. Point sources are stationary sources that have the potential
to emit (PTE) more than 100 tons per year (tpy) of VOC, or more than 50
tpy of NOX, and which are required to obtain an operating
permit. Data are collected for each source at a facility and reported
to WVDEP.
    The fire emissions sector includes emissions from agricultural
burning, prescribed fires, wildfires, and other types of fires. The
nonpoint emissions sector includes emissions from equipment,
operations, and activities that are numerous and in total have
significant emissions. Examples include emissions from commercial and
consumer products, portable fuel containers, home heating, repair and
refinishing operations, and crematories. The non-road emissions sector
includes emissions from engines that are not primarily used to propel
transportation equipment, such as generators, forklifts, and marine
pleasure craft. The on-road emissions sector includes emissions from
engines used primarily to propel equipment on highways and other roads,
including passenger vehicles, motorcycles, and heavy-duty diesel
trucks. The point source sector includes large industrial operations
that are relatively few in number but have large emissions, such as
kraft mills, electrical generating units, and pharmaceutical factories.
On-road mobile emissions are modelled by WVDEP using EPA's Motor
Vehicle Emission Simulator (MOVES). WVDEP generates nonroad mobile
source emissions data through the use of EPA's NONROAD2014a model. EPA
reviewed the supporting documentation submitted by WVDEP \10\ and
proposes to conclude that the plan's inventory is acceptable for the
purposes of a subsequent maintenance plan under CAA section
175A(b).\11\
---------------------------------------------------------------------------

    \10\ See Appendix C of WVDEP's December 10, 2019 submittal.
    \11\ The daily emissions data for 2014 typical summer day VOC
and NOX emissions in Table 1 were excerpted from: https://www.epa.gov/sites/production/files/2018-11/ozone_1997_naaqs_emiss_inv_data_nov_19_2018_0.xlsx (``2014 2028 area
emiss by sector'' tab) posted at https://www.epa.gov/ground-level-ozone-pollution/1997-ozonenational-ambient-air-quality-standards-naaqs-nonattainment.
---------------------------------------------------------------------------

B. Maintenance Demonstration

    In order to attain the 1997 ozone NAAQS, the three-year average of
the fourth-highest daily average ozone concentrations (design value,
DV) at each monitor within an area must not exceed 0.08 ppm. Based on
the rounding convention described in 40 CFR part 50, appendix I, the
standard is attained if the DV is 0.084 or below. CAA section 175A
requires a demonstration that the area will continue to maintain the
NAAQS throughout the duration of the requisite maintenance period.
Consistent with the prior guidance documents discussed previously in
this document, EPA believes that if the most recent DV for the area is
well below the NAAQS (e.g., below 85%, or in this case below 0.071
ppm), the section 175A demonstration requirement has been met, provided
that Prevention of Significant Deterioration (PSD) requirements, any
control measures already in the SIP, and any Federal measures remain in
place through the end of the second 10-year maintenance period (absent
a showing consistent with section 110(l) that such measures are not
necessary to assure maintenance).
    For the purposes of demonstrating a stable or improving air quality
trend, West Virginia used a weighted design value of the most recent
five design values. The five most recent design values available cover
the 2012-2018 ambient air monitoring data. This includes 3-year design
values for 2012-2014, 2013-2015, 2014-2016, 2015-2017, and 2016-2018.
Data from 2014, 2015, and 2016 was included in three out of five design
values. Table 2 shows the most recent five years of ambient ozone air
quality 3-year design values. These design values are from EPA's Air
Quality System (AQS). The 7th column is the 5-year weighted design
value calculated by West Virginia. This 5-year weighted design value
was calculated by averaging all the 4th Max Ozone values from the years
2012-2018. The 8th column is the 5-year design value average calculated
by EPA. The 5-year design value average is calculated by averaging the
design values for 2012-2014, 2013-2015, 2014-2016, 2015-2017, and 2016-
2018. Both the 5-year weighted design value calculated by West
Virginia, and the 5-year design value average calculated by EPA, for
the Charleston area, were calculated to be 0.067 ppm, which is below
the 0.071 ppm threshold level and 79% of the NAAQS. Table 2 shows that
the most recent five years of ambient ozone air quality 3-year average
DVs for the Charleston Area continue to be below 85% of the 1997 ozone
NAAQS. It demonstrates that 8-hour ozone air quality levels are
significantly below the level of the standard.

                                         Table 2--Charleston Area 8-Hour Ozone Design Values in Part per Million
                                                                          [ppm]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                5-Year design
                Site                   2012-2014    2013-2015    2014-2016    2015-2017    2016-2018   5-Year weighted   value average    Projected 2023
                                                                                (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Charleston, WV......................       0.069        0.067        0.067        0.067        0.067            0.067            0.067            0.060
--------------------------------------------------------------------------------------------------------------------------------------------------------

    For the 2023 projections shown in Table 2, EPA used a 2011-based
air quality modeling platform, which includes emissions, meteorology,
and other inputs for 2011 as the base year and emissions for 2023 as
the future analytic year base case. Specifically, the modeling platform
included a variety of data that contained information pertaining to the
modeling domain and simulation period. These include gridded, hourly
emissions estimates and meteorological data, and boundary
concentrations. Separate emissions inventories were prepared for the
2011 base year and the 2023 base case. All other inputs (i.e.,
meteorological fields, initial concentrations, and boundary
concentrations) were specified for the 2011 base year model application
and remained unchanged for the future-year model simulations. The 2011
modeling platform and projected 2023 emissions were used to drive the
2011 base year and 2023 future case air quality model simulations. The
2023 projected DV for the Charleston Area is 0.060 ppm, well below the
level of the 1997 8-hour ozone NAAQS, 0.08 ppm. Therefore, EPA proposes
to determine that that

future violations of the NAAQS in this area are unlikely.
    The 2023 design value of 0.060 ppm projected by EPA includes 2011
emissions from the Appalachian Power Company--Kanawha River Plant (54-
039-00006), which was a contributor to the 2011 base year emissions
used to develop the 2023 projections. This facility was permanently
shut down on June 1, 2015 and Appalachian Power Company officially
withdrew their air permits for the Kanawha River Plant. Therefore, the
elimination of approximately 2,500 tons per year of NOX
emissions is expected to drive projected design values even lower.
Other facility emission reductions are expected to occur before 2023.
With this consideration, and based on EPA's 2023 projection data
source, the actual design values for 2023 are expected to be lower than
what EPA has projected.\12\
---------------------------------------------------------------------------

    \12\ In June 2018, EPA issued a technical support document (TSD)
entitled, ``Air Quality Modeling Technical Support Document for the
Updated 2023 Projected Ozone Design Values''. This TSD describes the
air quality modeling EPA performed to projected ozone design values
at individual monitoring sites to 2023.
---------------------------------------------------------------------------

C. Continued Air Quality Monitoring and Verification of Continued
Attainment

    Once an area has been redesignated to attainment, the state remains
obligated to maintain an air quality network in accordance with 40 CFR
part 58, in order to verify the area's attainment status. In the
December 10, 2019 submittal, West Virginia committed to maintaining an
appropriate air quality monitoring network, in accordance with 40 CFR
part 58. West Virginia will continue to conduct ambient ozone air
quality monitoring in the area throughout the term of the maintenance
plan to verify continued attainment with the 1997 8-hour ozone NAAQS
and to protect any applicable PSD increments. WVDEP states that air
quality measurements will be performed in accordance with appropriate
regulations and guidance documents along with EPA quality assurance
requirements, and monitoring procedures will be determined in
accordance with 40 CFR part 58. WVDEP commits to submitting quality-
assured ozone data to EPA through the AQS and ultimately certified by
the WVDEP. EPA has analyzed the commitments in the plan and determined
that they meet the requirements.

D. Contingency Plan

    The contingency plan provisions are designed to promptly correct or
prevent a violation of the NAAQS that might occur after redesignation
of an area to attainment. Section 175A of the CAA requires that a
maintenance plan include such contingency measures as EPA deems
necessary to assure that the state will promptly correct a violation of
the NAAQS that occurs after redesignation. The maintenance plan should
identify the contingency measures to be adopted, a schedule and
procedure for adoption and implementation of the contingency measures,
and a time limit for action by the state. The state should also
identify specific indicators to be used to determine when the
contingency measures need to be adopted and implemented. The
maintenance plan must include a requirement that the state will
implement all pollution control measures that were contained in the SIP
before redesignation of the area to attainment. See section 175A(d) of
the CAA. WVDEP's December 10, 2019 submittal outlines its adopted
permanent and Federally enforceable control measures in order to
regulate emission growth. The Charleston Area's control measures
include the permitting regulations and PSD measures, which will remain
in effect through the maintenance plan period. Air permits issued will
incorporate applicable PSD, New Source Performance Standard, and
National Emission Standards for Hazardous Air Pollutant requirements.
    WVDEP's December 10, 2019 submittal included the required
contingency plan, to be implemented in the event of NAAQS violations in
the future. WVDEP has committed to adopting and implementing one or
more of the following control measures within three months after
verification of a monitored ozone standard violation in the Charleston
Area: (1) Extend the applicability of the VOC reasonably available
control technology (RACT) rule to include source categories previously
excluded (e.g., wastewater treatment facilities); (2) revise permitting
requirements establishing more stringent emissions control measures
and/or emissions offsets; (3) implement NOX RACT
requirements if necessary; (4) develop regulations to establish plant-
wide emission caps; (5) implement Stage II Vapor Recovery regulations;
(6) establish a program focusing on increasing the public's
understanding of air quality issues and increasing support for actions
to improve the air quality; and (7) initiate voluntary local control
measures (e.g., bicycle/pedestrian measures, engine idling reduction,
partnership with ground freight industry, increase compliance with open
burning restrictions, and school bus engine retrofit program).
    If there is indeed a violation and the DV exceeds the NAAQS, the
contingency plan will be ``triggered,'' based on the following
schedule: (1) Quality assurance procedures must confirm the monitored
violation within 45 days of occurrence; (2) a draft rule would be
developed by the WVDEP for any regulation chosen, (3) WVDEP will adopt
the selected control measure(s) as emergency rule(s) which will be
implemented within six months after adoption and will file the rule(s)
as legislative rule(s) for permanent authorization by the legislature;
and (4) for each voluntary measure selected, the WVDEP will initiate
program development with local governments within the area by the start
of the following ozone season.
    Furthermore, if the triennial inventories indicate emissions growth
in excess of 10% of the 2011 base-year inventory or if a monitored
ozone air quality exceedance pattern indicates that an ozone NAAQS
violation may be imminent, WVDEP will evaluate existing control
measures to ascertain if additional regulatory revisions are necessary
to maintain the ozone standards.
    EPA finds that West Virginia's contingency measures, as well as the
commitment to continue implementing any SIP requirements, satisfy the
pertinent requirements of section 175A. Importantly, while EPA notes
that West Virginia's contingency measures option six (increasing public
understanding) and seven (voluntary local control measures), are not
enforceable measures that standing alone are likely to lead to
reductions in emissions that could promptly correct a violation of the
NAAQS, their inclusion among other measures that meet that criterion,
is overall SIP-strengthening, and their inclusion does not alter EPA's
proposal to find the LMP is fully approvable.

E. Transportation Conformity

    Transportation conformity is required by section 176(c) of the CAA.
Conformity to a SIP means that transportation activities will not
produce new air quality violations, worsen existing violations, or
delay timely attainment of the NAAQS (CAA 176(c)(1)(B)). EPA's
conformity rule at 40 CFR part 93 requires that transportation plans,
programs and projects conform to SIPs and establish the criteria and
procedures for determining whether or not they conform. The conformity
rule generally requires a demonstration that emissions

from the Regional Transportation Plan (RTP) and the Transportation
Improvement Program (TIP) are consistent with the motor vehicle
emissions budget (MVEB) contained in the control strategy SIP revision
or maintenance plan (40 CFR 93.101, 93.118, and 93.124). An MVEB is
defined as ``that portion of the total allowable emissions defined in
the submitted or approved control strategy implementation plan revision
or maintenance plan for a certain date for the purpose of meeting
reasonable further progress milestones or demonstrating attainment or
maintenance of the NAAQS, for any criteria pollutant or its precursors,
allocated to highway and transit vehicle use and emissions (40 CFR
93.101).''
    Under the conformity rule, LMP areas may demonstrate conformity
without a regional emission analysis (40 CFR 93.109(e)). However,
because LMP areas are still maintenance areas, certain aspects of
transportation conformity determinations still will be required for
transportation plans, programs and projects. Specifically, for such
determinations, RTPs, TIPs and transportation projects still will have
to demonstrate that they are fiscally constrained (40 CFR 93.108), meet
the criteria for consultation (40 CFR 93.105 and 40 CFR 93.112) and
Transportation Control Measure implementation in the conformity rule
provisions (40 CFR 93.113). Additionally, conformity determinations for
RTPs and TIPs must be determined no less frequently than every four
years, and conformity of plan and TIP amendments and transportation
projects is demonstrated in accordance with the timing requirements
specified in 40 CFR 93.104. In addition, for projects to be approved
they must come from a currently conforming RTP and TIP (40 CFR 93.114
and 93.115). The Charleston Area remains under the obligation to meet
the applicable conformity requirements for the 1997 8-hour ozone NAAQS.

III. Proposed Action

    EPA's review of WVDEP's December 10, 2019 submittal indicates it
meets CAA section 175A and all applicable CAA requirements. EPA is
proposing to approve the LMP for the 1997 8-hour ozone NAAQS for the
Charleston Area (comprising Kanawha and Putnam Counties), as a revision
to the West Virginia SIP. EPA is soliciting public comments on the
issues discussed in this document. These comments will be considered
before taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule, pertaining to West Virginia's
second maintenance plan for Kanawha and Putnam Counties, does 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: June 16, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2020-13453 Filed 6-26-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 81 (Friday, April 26, 2019)]
[Notices]
[Pages 17901-17902]
[FR Doc No: 2019-08469]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Rule 19h-1, SEC File No. 270-247, OMB Control No. 3235-0259

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.) the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
previously approved collection of information provided for in Rule 19h-
1 (17 CFR 240.19h-1), under the Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.).
    Rule 19h-1 prescribes the form and content of notices and
applications by self-regulatory organizations (``SROs'') regarding
proposed admissions to, or continuances in, membership, participation
or association with a member of any person subject to a statutory
disqualification.
    The Commission uses the information provided in the submissions
filed pursuant to Rule 19h-1 to review decisions by SROs to permit the
entry into or continuance in the securities business of persons who
have committed serious misconduct. The filings submitted pursuant to
the Rule also permit inclusion of an application to the Commission for
consent to associate with a member of an SRO notwithstanding a
Commission order barring such association.
    The Commission reviews filings made pursuant to the Rule to
ascertain whether it is in the public interest to permit the employment
in the securities business of persons subject to statutory
disqualification. The filings contain information that is essential to
the staff's review and ultimate determination on whether an association
or employment is in the public interest and consistent with investor
protection.
    It is estimated that approximately 20 respondents will make
submissions pursuant to this Rule annually. With respect to submissions
for Rule 19h-1(a) notices, and based upon past submissions, the staff
estimates that respondents will make a total of 11 submissions per
year. The staff estimates that the average number of hours necessary to
complete a submission pursuant to Rule 19h-1(a) notices is 80 hours
(for a total annual burden for all respondents in the amount of 17,600
hours). With respect to submissions for Rule 19h-1(a)(4) notifications,
and based upon past submissions, the staff estimates that respondents
will make a total of 9 submissions per year. The staff estimates that
the average number of hours necessary to complete a submission pursuant
to Rule 19h-1(a)(4) notifications is 80 hours (for a total annual
burden for all respondents in the amount of 14,400 hours). With respect
to submissions for Rule 19h-1(b), and based upon past submissions, the
staff estimates that respondents will make a total of 28 submissions
per year. The staff estimates that the average number of hours
necessary to complete a submission pursuant to Rule 19h-1(b) is 13
hours (for a total annual burden for all respondents in the amount of
7,280 hours). With respect to submissions for Rule 19h-1(d), and based
upon past submissions, the staff estimates that respondents will make a
total of 5 submissions per year. The staff estimates that the average
number of hours necessary to complete a submission pursuant to Rule
19h-1(d) is 80 hours (for a total annual burden for all respondents in
the amount of 8,000 hours). The aggregate annual burden for all
respondents is thus 47,280 hours (17,600 + 14,400 + 7,280 + 8,000).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    The public may view background documentation for this information
collection at the following website: www.reginfo.gov. Comments should
be directed to: (i) Desk Officer for the Securities and Exchange
Commission, Office of Information and Regulatory Affairs, Office of
Management and Budget, Room 10102, New Executive Office Building,
Washington, DC 20503, or by sending an email to:
[email protected]; and (ii) Charles Riddle, Acting Director/
Chief

Information Officer, Securities and Exchange Commission, c/o Candace
Kenner, 100 F Street NE, Washington, DC 20549, or by sending an email
to: [email protected]. Comments must be submitted to OMB within 30
days of this notice.

    Dated: April 23, 2019.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-08469 Filed 4-25-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 149 (Friday, August 4, 2017)]
[Notices]
[Pages 36393-36394]
[FR Doc No: 2017-16462]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER17-2152-000]

Cottonwood Wind Project, 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
Cottonwood Wind Project, LLC 's application for market-based rate
authority, with an accompanying rate tariff, 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 August 17, 2017.
    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
5 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 are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic 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: July 28, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-16462 Filed 8-3-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Notices]
[Pages 38192-38193]
[FR Doc No: 2015-16300]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP15-517-000 PF15-4-000]

Gulf South Pipeline Company, LP; Notice of Application

    Take notice that on June 12, 2015, Gulf South Pipeline Company, LP
(Gulf South), 9 Greenway Plaza, Suite 2800, Houston, Texas 77046, filed
an application pursuant to section 7(c) of the Natural Gas Act (NGA)
requesting authorization to construct and operate its 1.42 Billion
cubic feet per day Coastal Bend Header Project. Specifically, Gulf
South proposes to construct: (i) a new 66-mile, 36-inch diameter
pipeline lateral from Wharton County, Texas to Freeport LNG
Development, LP's (Freeport LNG) terminal in Brazoria County, Texas;
(ii)

the new 83,597 horsepower (HP) Wilson Compressor Station (CS) in
Wharton County, Texas; (iii) the new 26,400 HP Brazos CS in Fort Bend
County, Texas; (iv) the new 10,700 HP North Houston CS in Harris
County, Texas; (v) piping modifications at Goodrich CS in Polk County,
Texas to allow for bi-directional flow; and (vi) additional 15,748 HP
and modifications to allow for bi-directional flow at Magasco CS site
in Sabine County, Texas. Gulf South estimates the cost of the Coastal
Bend Header Project to be $690,357,089, all as more fully set forth in
the application which is on file with the Commission and open to public
inspection. The filing is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's Web site web
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, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions regarding this application may be directed to J. Kyle
Stephens, Vice President of Regulatory Affairs, Gulf South Pipeline
Company, LP, 9 Greenway Plaza, Suite 2800, Houston, Texas 77046, by
telephone at<PHONE_NUMBER>, or by email to<EMAIL_ADDRESS>    On November 5, 2014, the Commission staff granted Gulf South's
request to utilize the Pre-Filing Process and assigned Docket No. PF15-
4-000 to staff activities involved in the Coastal Bend Header Project.
Now, as of the filing of the June 12, 2015 application, the Pre-Filing
Process for this project has ended. From this time forward, this
proceeding will be conducted in Docket No. CP15-517-000, as noted in
the caption of this Notice.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice, the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit five copies of filings made in the proceeding with the
Commission and must mail a copy to the applicant and to every other
party. Only parties to the proceeding can ask for court review of
Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
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 five copies of the protest or intervention to
the Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426.
    Comment Date: 5:00 p.m. Eastern Time on July 16, 2015.

    Dated: June 25, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-16300 Filed 7-1-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)]
[Rules and Regulations]
[Pages 31851-31852]
[FR Doc No: 2016-11815]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-3108; Airspace Docket No. 15-ASO-16]

Establishment of Class E Airspace; Harlan, KY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E Airspace at Harlan, KY, to
accommodate new Area Navigation (RNAV) Global Positioning System (GPS)
Standard Instrument Approach Procedures (SIAPs) serving Tucker-Guthrie
Memorial Airport. Controlled airspace is necessary for the safety and
management of instrument flight rules (IFR) operations at the airport.
This action also updates the geographic coordinates of the airport.

DATES: Effective 0901 UTC, July 21, 2016. The Director of the Federal
Register approves this incorporation by reference action under Title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.9Z, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/airtraffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC, 20591; telephone: 202-267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.9Z at NARA, call<PHONE_NUMBER>, or go to
http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes Class E airspace at Tucker-Guthrie Memorial Airport,
Harlan, KY.

History

    On March 3, 2016, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to establish Class E airspace
extending upward from 700 feet above the earth at Tucker-Guthrie
Memorial Airport, Harlan, KY. (81 FR 11139). Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. No comments were received.
Subsequent to publication, the FAA found an error in the geographic
coordinates of Tucker-Guthrie Memorial Airport. This action corrects
that error.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.9Z dated August 6, 2015, and effective September 15,
2015, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.9Z, Airspace Designations and
Reporting Points, dated August 6, 2015, and effective September 15,
2015. FAA Order 7400.9Z is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.9Z lists Class A, B,
C, D, and E airspace areas, air traffic service routes, and reporting
points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E airspace extending upward from 700 feet
above the surface within a 13-mile radius of Tucker-Guthrie Memorial
Airport, Harlan, KY, providing the controlled airspace required to
support the new RNAV (GPS) standard instrument approach procedures for
Tucker-Guthrie Memorial Airport. Controlled airspace is necessary for
IFR operations. This action also updates the geographic coordinates of
the airport to be in concert with the FAAs aeronautical database.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for Part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z,
Airspace Designations and Reporting Points, dated August 6, 2015,
effective September 15, 2015, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASO KY E Harlan, KY [New]

Tucker-Guthrie Memorial Airport, KY
    (Lat. 36[deg]51'34'' N., long. 83[deg]21'31'' W.)

    That airspace extending upward from 700 feet above the surface
within a 13-mile radius of Tucker-Guthrie Memorial Airport.

    Issued in College Park, Georgia, on May 10, 2016.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2016-11815 Filed 5-19-16; 8:45 am]
 BILLING CODE 4910-13-P