[Federal Register Volume 83, Number 173 (Thursday, September 6, 2018)]
[Rules and Regulations]
[Pages 45194-45196]
[FR Doc No: 2018-19291]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0696; FRL-9983-02--Region 1]

Air Plan Approval; Vermont; Infrastructure State Implementation
Plan Requirements for the 2012 PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Vermont
that addresses the infrastructure SIP requirements of the Clean Air Act
(CAA or Act)--including the interstate transport provisions--for the
2012 fine particle (PM2.5) National Ambient Air Quality
Standards (NAAQS). The infrastructure requirements are designed to
ensure that the structural components

of each state's air quality management program are adequate to meet the
state's responsibilities under the CAA. EPA is taking this action under
the Clean Air Act.

DATES: This rule is effective on October 9, 2018.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2017-0696. All documents in the docket
are listed on the https://www.regulations.gov website. Although listed
in the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
Region 1 Regional Office, Office of Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA
requests that if at all possible, you contact the contact listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Unit,
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office
Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912, tel.
(617) 918-1684, email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On June 29, 2018 (83 FR 30598), EPA published a Notice of Proposed
Rulemaking (NPRM) for the State of Vermont.
    In the NPRM, EPA proposed to approve an infrastructure SIP revision
for the 2012 fine particle (PM2.5\1\) National Ambient Air
Quality Standards (NAAQS) that Vermont submitted to EPA on October 31,
2017.
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    \1\ PM2.5 refers to particulate matter of 2.5 microns
or less in diameter, often referred to as ``fine'' particles.
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    This submittal included an enclosure addressing the ``Good
Neighbor'' (or ``transport'') provisions of the Act for the 2012
PM2.5 NAAQS (Section 110(a)(2)(D)(i)(I) of the CAA). Under
sections 110(a)(1) and (2) of the CAA, states are required to submit
infrastructure SIPs to ensure that SIPs provide for implementation,
maintenance, and enforcement of the NAAQS, including the 2012
PM2.5 NAAQS.
    This rulemaking does not cover three substantive areas that are not
integral to acting on a state's infrastructure SIP submission: (i)
Existing provisions related to excess emissions during periods of
start-up, shutdown, or malfunction at sources (``SSM'' emissions) that
may be contrary to the CAA and EPA's policies addressing such excess
emissions; (ii) existing provisions related to ``director's variance''
or ``director's discretion'' that purport to permit revisions to SIP-
approved emissions limits with limited public process or without
requiring further approval by EPA, that may be contrary to the CAA
(``director's discretion''); and, (iii) existing provisions for
Prevention of Significant Deterioration (PSD) programs that may be
inconsistent with current requirements of EPA's ``Final New Source
Review (NSR) Improvement Rule,'' 67 FR 80186 (December 31, 2002), as
amended by 72 FR 32526 (June 13, 2007) (``NSR Reform''). Instead, EPA
has the authority to address each of these substantive areas
separately. A detailed history, interpretation, and rationale for EPA's
approach to infrastructure SIP requirements can be found in EPA's May
13, 2014, proposed rule entitled, ``Infrastructure SIP Requirements for
the 2008 Lead NAAQS'' in the section, ``What is the scope of this
rulemaking?'' See 79 FR 27241 at 27242-45.
    The NPR includes the rationale for approval, and EPA will not
restate it here. Three public comments were received on the NPRM.

II. Response to Comments

    EPA received three comments during the comment period. All comments
discuss subjects outside the scope of an infrastructure SIP action, do
not explain (or provide a legal basis for) how the proposed action
should differ in any way, and, indeed, make no specific mention of the
proposed action. Consequently, the three comments are not germane to
this rulemaking and require no further response.

III. Final Action

    EPA is approving Vermont's October 2017 infrastructure SIP
submission for the 2012 PM2.5 NAAQS as a revision to the
Vermont SIP.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     This action is not an Executive Order 13771 regulatory
action because this action is not significant 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 Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human

health or environmental effects, using practicable and legally
permissible methods, under Executive Order 12898 (59 FR 7629, February
16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 5, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

 List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 31, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.

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

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart UU--Vermont

0
2. Section 52.2370 is amended in paragraph (e) table by adding the
entry ``Submittals to meet Section 110(a)(2) Infrastructure
Requirements for the 2012 PM2.5 NAAQS'' after the entry
``Vermont Regional Haze Five-Year Progress Report'' to read as follows:

Sec.  52.2370  Identification of plan.

* * * * *
    (e) * * *

                                             Vermont Non-Regulatory
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                                                          State
   Name of nonregulatory SIP         Applicable      submittal date/
           provision                geographic or       effective     EPA approval date        Explanation
                                 nonattainment area       date
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                                                  * * * * * * *
Submittals to meet Section       Statewide.........      10/31/2015  9/6/2018, [Insert   These submittals are
 110(a)(2) Infrastructure                                             Federal Register    approved with respect
 Requirements for the 2012                                            citation].          to the following CAA
 PM2.5 NAAQS.                                                                             elements or portions
                                                                                thereof: 110(a)(2)
                                                                                (A), (B), (C), (D),
                                                                                (E)(1), E(2), (F),
                                                                                (G), (H), (J1), (J2),
                                                                                (J3), (K), (L), and
                                                                                (M).
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[FR Doc. 2018-19291 Filed 9-5-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: October 1, 2008 (Volume 73, Number 191)]
[Rules and Regulations]
[Page 56995-56998]
[DOCID:fr01oc08-11]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2008-0381; FRL-8383-9]

Aspergillus flavus NRRL 21882; Exemption from the Requirement of
a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of the fungal active ingredient Aspergillus
flavus NRRL 21882 on the food and feed commodities of corn: Corn,
field, forage; corn, field, grain; corn, field, stover; corn, field,
aspirated grain fractions; corn, sweet, kernel plus cob with husk
removed; corn, sweet, forage; corn, sweet, stover; corn, pop, grain;
and corn, pop, stover when applied/used as an anti-fungal agent to
displace aflatoxin-producing Aspergillus flavus from treated
commodities. Circle One Global, Inc. submitted a petition to EPA under
the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an
exemption from the requirement of a tolerance. This regulation
eliminates the need to establish a maximum permissible level for
residues of Aspergillus flavus NRRL 21882.

DATES: This regulation is effective October 1, 2008. Objections and
requests for hearings must be received on or before December 1, 2008,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2008-0381. All documents in the
docket are listed in the docket index available at http://
www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Shanaz Bacchus, Biopesticides and
Pollution Prevention Division (7511P), Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

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

B. How Can I Access Electronic Copies of this Document?

    In addition to accessing electronically available documents at
http://www.regulations.gov, you may access this Federal Register
document

electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr. You may also access a
frequently updated electronic version of 40 CFR part 180 through the
Government Printing Office's pilot e-CFR site at http://
www.gpoaccess.gov/ecfr.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of FFDCA, 21 U.S.C. 346a, any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. The EPA procedural regulations which
govern the submission of objections and requests for hearings appear in
40 CFR part 178. You must file your objection or request a hearing on
this regulation in accordance with the instructions provided in 40 CFR
part 178. To ensure proper receipt by EPA, you must identify docket ID
number EPA-HQ-OPP-2008-0381 in the subject line on the first page of
your submission. All requests must be in writing, and must be mailed or
delivered to the Hearing Clerk on or before December 1, 2008.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2008-0381, by one of the following methods.
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.

II. Background and Statutory Findings

    In the Federal Register of June 18, 2008 (72 FR 34734) (FRL-8366-
9), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
petition (PP 7F7302) by Circle One Global, Inc. (Circle One), P.O. Box
28, Shellman, GA 39886-0028. The petition requested that 40 CFR
180.1254 be amended by expanding the existing exemption from the
requirement of a tolerance for residues of Aspergillus flavus NRRL
21882 on corn. A summary of the petition prepared by the petitioner
Danny Gay, Acta Group, 1203 Nineteenth St., NW., Suite 300, Washington
DC 20036, on behalf of Circle One Global, Inc., was included in the
docket at www.regulations.gov (Docket No. EPA-HQ-OPP-2008-0381). On
July 9, 2008, Acta Group posted a comment to this docket to clarify
that the pending amendment to the current exemption from tolerance for
Aspergillus flavus NRRL 21882 is intended to apply to field corn, sweet
corn, and pop corn as harvested. The tolerance exemption is being
granted for these food commodities on the basis of the toxicology
studies which support all food commodities.
    A temporary exemption from the requirement of tolerance for
Aspergillus flavus NRRL 21882 on corn currently exists at 40 CFR
180.1254(b). That temporary tolerance is connected with Experimental
Use Permit No. 75624-EUP-2 and is set to expire on May 2, 2009. The
Agency issued this temporary rule on May 16, 2007, after determining
that the temporary exemption from the requirement of tolerance was safe
(72 FR 27460, May 16, 2007).
    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings, but does not include
occupational exposure. Pursuant to section 408(c)(2)(B) of FFDCA, in
establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
section 408(b)(2)(C) of FFDCA, which require EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
. '' Additionally, section 408(b)(2)(D) of FFDCA requires that the
Agency consider ``available information concerning the cumulative
effects of a particular pesticide's residues'' and ``other substances
that have a common mechanism of toxicity.''
    EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. First, EPA determines the
toxicity of pesticides. Second, EPA examines exposure to the pesticide
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings.

III. Toxicological Profile

    Consistent with section 408(b)(2)(D) of FFDCA, EPA has reviewed the
available scientific data and other relevant information in support of
this action and considered its validity, completeness, and reliability
and the relationship of this information to human risk. EPA has also
considered available information concerning the variability of the
sensitivities of major identifiable subgroups of consumers, including
infants and children.
    Aspergillus flavus NRRL 21882 is a non-aflatoxin-producing fungal
active ingredient for use in microbial pesticides. It will be used to
displace the ubiquitous Aspergillus flavus group of microbes, many of
which can produce aflatoxin, a potent carcinogen. The toxicological
profile of this conditionally registered active ingredient has been
previously described in the final rule of the Federal Register of June
30, 2004, (69 FR 39341) (FRL-7364-2). On the basis of those studies,
the exemption from tolerance of Aspergillus flavus NRRL 21882, a non-
aflatoxin-producing strain of Aspergillus flavus, on peanuts was
established in 40 CFR 180.1254.
    The acute oral toxicology studies provided for peanuts are cited in
support of the tolerance exemption for field, pop and sweet corn. Those
studies placed Aspergillus flavus NRRL 21882 in Toxicity Category IV
for acute oral effects. This active ingredient was not toxic, infective
or pathogenic to mammals on the basis of acute oral and pulmonary
studies. That database supporting the exemption from tolerance on
peanut also supports the proposed exemption of this active ingredient
on corn. Even though the active ingredient has demonstrated toxic and
infective effects in the acute intraperitoneal studies, there was
clearance from all tissues by day 22. The

results of these studies were considered a worse case scenario relevant
to issues of occupational exposure for which the agency required
appropriate Personal Protective Equipment (PPE) to mitigate risk to
workers. In addition, the pesticide is not to be applied to residential
areas, but rather to commercial corn fields. Thus, potential non-
occupational exposure is not expected. For a summary of the studies and
discussions of dietary and non-dietary, non-occupational dermal and
inhalation exposures, as well as aggregate and cumulative, exposures,
and potential endocrine effects refer to the aforesaid June 30, 2004
final rule (69 FR 39341). All studies met, and continue to meet, the
safety standards of the Food Quality Protection Act (FQPA) of 1996.
This pesticide has been used for more than a decade in experimental
laboratory and field trials without any reports of adverse dermal
irritation or hypersensitivity effects.
    The Agency has determined that the previously reviewed acute
toxicological studies do support the proposed exemption from tolerance
of Aspergillus flavus NRRL 21882 on corn. Summaries of the rationales
for this determination may be found in the aforesaid Federal Register
final rule of June 30, 2004. No further toxicological data are required
for this exemption from the requirement of a tolerance for Aspergillus
flavus NRRL 21882 on corn. The applicant must, however, report any
incidents of hypersensitivity, or any other adverse effects to comply
with the requirements of FIFRA section 6(a)(2).

IV. Aggregate Exposures

    In examining aggregate exposure, section 408 of FFDCA directs EPA
to consider available information concerning exposures from the
pesticide residue in food and all other non-occupational exposures,
including drinking water from ground water or surface water and
exposure through pesticide use in gardens, lawns, or buildings
(residential and other indoor uses).

A. Dietary Exposure

    In evaluating dietary exposure to Aspergillus flavus NRRL 21882,
EPA considered exposure under the petitioned-for tolerances as well as
the existing Aspergillus flavus NRRL 21882 tolerance for peanuts in (40
CFR 180.1254(a)).
    1. Food. Pesticides containing Aspergillus flavus NRRL 21882 are to
be applied aerially to corn once per season at the first sign of corn
tasseling. Because there is a long period of time between application
and harvesting, residues of Aspergillus flavus NRRL 21882 are not
expected to be greater than the normal background levels, when the food
commodity is harvested. In addition, corn and its byproducts will be
subject to several stages of food processing and manufacturing. These
stages include washing, threshing, dehulling, dry and wet milling, and
fractionation by aspiration and the other food manufacturing and
processing technologies which are associated with preparing and
marketing corn as a food commodity. Thus, because of the low
application rate and food processing steps, this naturally occurring
active ingredient is not expected to be present at greater than
background levels on consumable corn commodities. Even if it is
present, it is not likely to cause harm because it is not toxic,
infective or pathogenic as demonstrated in the acute oral toxicity
study in rats.
    These observations from the acute toxicology tests are also
relevant to dietary exposure of human adults, infants and children to
peanuts treated with Aspergillus flavus NRRL 21882. The Agency, taking
both crops into consideration, concluded that the aggregate exposure to
this active ingredient with low toxicity potential will not cause harm
if the pesticide is used as labeled.
    2. Drinking water exposure. The analysis provided for the tolerance
exemption for residues of Aspergillus flavus NRRL 21882 on peanuts also
supports the drinking water exposure analysis for corn. As in the case
of peanuts, the pesticide is to be applied in drought ridden areas and
is not directly applied to crops grown in water. Thus accumulation in
drinking water is not expected. Percolation through the soil and
municipal treatment of drinking water are expected to preclude exposure
of the U.S. population, infants and children to residues of the
pesticide. Thus incremental exposure via drinking water is not expected
when both corn and peanuts are treated.

B. Other Non-Occupational Exposure

    Non-occupational dermal and inhalation exposure is expected to be
minimal to non-existent when the microbial pesticide containing the
active ingredient Aspergillus flavus NRRL 21882 is used as labeled on
corn and peanuts. For both crops, the pesticide is to be applied to
agricultural sites not in the proximity of residential areas, schools,
nursing homes or daycares. While there is a potential for dermal
sensitivity to the Aspergillus group of fungi, the specific pesticide
at issue here, Aspergillus flavus NRRL 21882, is not intended for
residential applications. Instead, it is to be applied once per growing
season to commercial agricultural fields. Pesticide drift is not
expected to residential areas from the agricultural applications of the
granular End-use Product which is applied at a very low rate
(approximately 1 gram or 0.002 pound of active ingredient per acre).
Thus, non-occupational residential exposure is expected to be minimal
to non-existent.
    In summary, the Agency considered dietary exposure (including
drinking water), as well as non-occupational exposure to treated
peanuts and corn, and concluded that aggregate exposure to Aspergillus
flavus NRRL 21882 will not cause harm to the U.S. adult, population,
infants and children.

V. Cumulative Effects

    Section 408(b)(2)(D)(v) of the FFDCA requires the Agency to
consider the cumulative effect of exposure to Aspergillus flavus NRRL
21882 and to other substances that have a common mechanism of toxicity.
These considerations include the possible cumulative effects of such
residues on infants and children. Based on tests in mammalian systems,
Aspergillus flavus NRRL 21882 does not appear to be toxic to humans via
dietary and pulmonary exposure. Therefore, the requirement to consider
cumulative effects does not apply.

VI. Determination of Safety for U.S. Population, Infants and Children

    For the same reasons as stated in the rule issued on June 30, 2004
(69 FR 39341), the Agency has determined that the additional margin of
safety is not necessary to protect infants and children, and that not
adding any additional margin of safety will be safe for infants and
children. As a result, EPA has not used a margin of exposure (safety)
approach to assess the safety of Aspergillus flavus NRRL 21882.

VII. Other Considerations

A. Endocrine Disruptors

    See Federal Register, June 30, 2004, (69 FR 39341).

B. Analytical Method

    See Federal Register, June 30, 2004, (69 FR 39341).

C. Codex Maximum Residue Level

    There is no Codex Maximum Residue Level (MRL) for residues of
Aspergillus flavus NRRL 21882 on corn.

VIII. Conclusions

    In summary, the Agency has determined that, based on available data

and information, there is a reasonable certainty that the use of
Aspergillus flavus NRRL 21882 on field, sweet and pop corn will not
cause harm to the U.S. adult, children and infant populations via
dietary, aggregate and cumulative exposure. Thus, an exemption from the
requirement of a tolerance on field, sweet and pop corn is being
granted.

IX. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this final rule has been
exempted from review under Executive Order 12866, this final rule is
not subject to Executive Order 13211, entitled Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any
special considerations under Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the tolerance in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 9, 2000) do not apply to this final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Public Law 104-4).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).

X. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: September 19, 2008.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Section 180.1254 is amended by revising paragraph (b) to read as
follows:

Sec.  180.1254  Aspergillus flavus NRRL 21882; exemption from
requirement of a tolerance.

     * * * * *
    (b) An exemption from the requirement of a tolerance is established
for residues of Aspergillus flavus NRRL 21882 on corn, field, forage;
corn, field, grain; corn, field, stover; corn, field, aspirated grain
fractions; corn, sweet, kernel plus cob with husk removed; corn, sweet,
forage; corn, sweet, stover; corn, pop, grain; and corn, pop, stover.

[FR Doc. E8-22957 Filed 9-30-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 78, Number 212 (Friday, November 1, 2013)]
[Notices]
[Pages 65739-65740]
[FR Doc No: 2013-26076]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70765; File No. 4-443]

Joint Industry Plan; Notice of Filing and Immediate Effectiveness
of Amendment to the Plan for the Purpose of Developing and Implementing
Procedures Designed To Facilitate the Listing and Trading of
Standardized Options To Add Topaz Exchange, LLC as a Plan Sponsor

October 28, 2013.
    Pursuant to Section 11A(a)(3) of the Securities Exchange Act of
1934 (``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given
that on August 7, 2013, Topaz Exchange, LLC (``Topaz'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') an
amendment to the Plan for the Purpose of Developing and Implementing
Procedures Designed to Facilitate the Listing and Trading of
Standardized Options (``OLPP'').\3\ The amendment proposes to add Topaz
as a Sponsor of the OLPP. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78k-1(a)(3).
    \2\ 17 CFR 242.608.
    \3\ On July 6, 2001, the Commission approved the OLPP, which was
proposed by the American Stock Exchange LLC (``Amex''), Chicago
Board Options Exchange, Incorporated (``CBOE''), International
Securities Exchange LLC (``ISE''), Options Clearing Corporation
(``OCC''), Philadelphia Stock Exchange, Inc. (``Phlx''), and Pacific
Exchange, Inc. (``PCX'') (n/k/a NYSE Arca). See Securities Exchange
Act Release No. 44521, 66 FR 36809 (July 13, 2001). On February 5,
2004, Boston Stock Exchange, Inc. (``BSE'') was added as a Sponsor
to OLPP. See Securities Exchange Act Release No. 49199, 69 FR 7030
(February 12, 2004). On March 21, 2008, the NASDAQ Stock Market, LLC
(``Nasdaq'') was added as a Sponsor to the OLPP. See Securities
Exchange Act Release No. 57546, 73 FR 16393 (March 27, 2008). On
February 17, 2010, BATS Exchange, Inc. (``BATS'') was added as a
Sponsor to the OLPP. See Securities Exchange Act Release No. 61528,
75 FR 8415 (February 24, 2010). On October 22, 2010, C2 Options
Exchange Incorporated (``C2'') was added as a Sponsor to the OLPP.
See Securities Exchange Act Release No. 63162, 75 FR 66401 (October
28, 2010). On May 9, 2012, BOX Options Exchange LLC (``BOX'') was
added as a Sponsor to the OLPP. See Securities Exchange Act Release
No. 66952, 77 FR 28641 (May 15, 2012). On June 29, 2012, Nasdaq OMX
BX, Inc. (``BX'') was added as a Sponsor to the OLPP. See Securities
Exchange Act Release No. 67327, 77 FR 40125 (July 6, 2012). On
December 5, 2012, Miami International Securities Exchange, LLC
(``MIAX'') was added as a Sponsor to the OLPP.
---------------------------------------------------------------------------

I. Description and Purpose of the Amendment

    The current Sponsors of the OLPP are BATS, BOX, BX, CBOE, C2, ISE,
MIAX, Nasdaq, NYSE Amex, NYSE Arca, OCC, and Phlx. The proposed
amendment to the OLPP would add Topaz as a Sponsor of the OLPP. A
national securities exchange may become a Sponsor if it satisfies the
requirement of Section 7 of the OLPP. Specifically an Eligible Exchange
\4\ may become a Sponsor of the OLPP by: (i) Executing a copy of the
OLPP, as then in effect; (ii) providing each current Plan Sponsor with
a copy of such executed Plan; and (iii) effecting an amendment to the
OLPP, as specified in Section 7(ii) of the OLPP.
---------------------------------------------------------------------------

    \4\ The OLPP defines an ``Eligible Exchange'' as a national
securities exchange registered with the Commission pursuant to
Section 6(a) of the Exchange Act, 15 U.S.C. 78f(a), that (1) has
effective rules for the trading of options contracts issued and
cleared by the OCC approved in accordance with the provisions of the
Exchange Act and the rules and regulations thereunder and (2) is a
party to the Plan for Reporting Consolidated Options Last Sale
Reports and Quotation Information (the ``OPRA Plan''). Topaz has
represented that it has met both the requirements for being
considered an Eligible Exchange.
---------------------------------------------------------------------------

    Section 7(ii) of the OLPP sets forth the process by which an
Eligible Exchange may effect an amendment to the OLPP. Specifically, an
Eligible Exchange must: (a) Execute a copy of the OLPP with the only
change being the addition of the new sponsor's name in Section 8 of the
OLPP; \5\ and (b) submit the executed OLPP to the Commission. The OLPP
then provides that such an amendment will be effective at the later of
either the amendment being approved by the Commission or otherwise
becoming effective pursuant to Section 11A of the Act. Topaz has
submitted a signed copy of the OLPP to the Commission and to each Plan
Sponsor in accordance with the procedures set forth in the OLPP
regarding new Plan Sponsors.
---------------------------------------------------------------------------

    \5\ The Commission notes that the list of plan sponsors is set
forth in Section 9 of the OLPP.
---------------------------------------------------------------------------

II. Effectiveness of the Proposed Linkage Plan Amendment

    The foregoing proposed OLPP amendment has become effective pursuant
to Rule 608(b)(3)(iii) \6\ because it involves solely technical or
ministerial matters. At any time within sixty days of the filing of
this amendment, the Commission may summarily abrogate the amendment and
require that it be refiled pursuant to paragraphs (a)(1) of Rule
608,\7\ if it appears to the Commission that such action is necessary
or appropriate in the public interest, for the protection of investors
or the maintenance of fair and orderly markets, to remove impediments
to, and perfect the mechanisms of, a national market system or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \6\ 17 CFR 242.608(b)(3)(iii).
    \7\ 17 CFR 242.608(a)(1).

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

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed
amendment 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 4-443 on the subject line.

Paper Comments

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

All submissions should refer to File Number 4-443. This file number
should be included on the subject line if email is used. To help the
Commission process and review your comments more efficiently, please
use only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at Topaz's principal office. All comments received will be
posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File No. 4-443 and should be submitted on or before
November 22, 2013.

    By the Commission.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-26076 Filed 10-31-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: August 19, 2010 (Volume 75, Number 160)]
[Notices]
[Page 51260-51262]
[DOCID:fr19au10-43]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

August 10, 2010.
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER07-1106-009; ER08-1255-004; ER10-566-002.
    Applicants: ArcLight Energy Marketing, LLC, Oak Creek Wind Power,
LLC, Coso Geothermal Power Holdings, LLC.
    Description: Substitute List of Energy Affiliates on behalf of
ArcLight Energy Marketing, LLC, Coso Geothermal Power Holdings, LLC,
and Oak Creek Wind Power, LLC.
    Filed Date: 07/01/2010.
    Accession Number: 20100701-5189.
    Comment Date: 5 p.m. Eastern Time on Friday, August 27, 2010.

    Docket Numbers: ER10-1466-001.
    Applicants: Community Power & Utility.
    Description: Community Power & Utility submits amended petition for
acceptance of Initial Tariff Waivers and Blanket Authority, etc.
    Filed Date: 08/09/2010.
    Accession Number: 20100809-0205.
    Comment Date: 5 p.m. Eastern Time on Monday, August 30, 2010.

    Docket Numbers: ER10-1705-001.
    Applicants: Starion Energy NY, Inc.
    Description: Starion Energy, Inc. submits Substitute Original Sheet
3 et al.
    Filed Date: 08/02/2010.
    Accession Number: 20100802-0221.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-1866-001.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator submits tariff
filing per 35.17(b): NYISO Errata Filing--BPCG--Bluvas 08/10/10 to be
effective 9/30/2010.
    Filed Date: 08/10/2010.
    Accession Number: 20100810-5034.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 17, 2010.

    Docket Numbers: ER10-1977-002.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator submits tariff
filing per 35.17(b): NYISO Errata Filing IBRT--Bluvas 08/10/10 to be
effective 9/30/2010.
    Filed Date: 08/10/2010.
    Accession Number: 20100810-5042.
    Comment Date: 5 p.m. Eastern Time on Friday, August 20, 2010.

    Docket Numbers: ER10-2167-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy, Inc. submits Notice of Cancellation of
First Revised FERC Rate Schedule 290, the Electric Power Supply
Agreement.
    Filed Date: 08/09/2010.
    Accession Number: 20100809-0204.
    Comment Date: 5 p.m. Eastern Time on Monday, August 30, 2010.

    Docket Numbers: ER10-2168-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company submits tariff filing
per 35.13(a)(2)(iii): Large Generator Interconnection Agreement for
PG&E's Collinsville Wind Project, to be effective 10/9/2010.
    Filed Date: 08/10/2010.
    Accession Number: 20100810-5002.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 31, 2010.

    Docket Numbers: ER10-2169-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.13(a)(2)(iii): LGIA First Solar SA 86 N 080910, to be
effective 8/10/2010.
    Filed Date: 08/10/2010.
    Accession Number: 20100810-5003.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 31, 2010.

    Docket Numbers: ER10-2170-000.
    Applicants: New England Power Company.
    Description: New England Power Company submits tariff filing per
35.12: New England Power Company FERC Electric Tariff No. 10 (Market-
Based Rates) to be effective 8/10/2010
    Filed Date: 08/10/2010.
    Accession Number: 20100810-5024.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 31, 2010.

    Docket Numbers: ER10-2171-000.
    Applicants: Niagara Mohawk Power Corporation.
    Description: Niagara Mohawk Power Corporation submits tariff filing
per 35.12: FERC Electric Tariff No. 4 (Market-Based Rates), to be
effective 8/10/2010.
    Filed Date: 08/10/2010.
    Accession Number: 20100810-5025.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 31, 2010.

    Docket Numbers: ER10-2172-000.
    Applicants: Baltimore Gas and Electric Company.
    Description: Baltimore Gas and Electric Company submits tariff
filing per 35.12: Baltimore Gas and Electric Baseline MBR Tariff to be
effective 8/10/2010.
    Filed Date: 08/10/2010.
    Accession Number: 20100810-5027.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 31, 2010.

    Docket Numbers: ER10-2173-000.
    Applicants: Granite State Electric Company.
    Description: Granite State Electric Company submits tariff filing
per 35.12: Granite State Electric Company FERC Electric Tariff No. 1
(Market-Based Rates) to be effective 8/10/2010.
    Filed Date: 08/10/2010.
    Accession Number: 20100810-5028.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 31, 2010.

    Docket Numbers: ER10-2174-000.
    Applicants: Constellation Power Source Generation, I.
    Description: Constellation Power Source Generation, Inc. submits
tariff filing per 35.12: CPSG Market-Based Rate Tariff to be effective
8/10/2010.
    Filed Date: 08/10/2010.
    Accession Number: 20100810-5029.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 31, 2010.

    Docket Numbers: ER10-2175-000.
    Applicants: Massachusetts Electric Company.
    Description: Massachusetts Electric Company submits tariff filing
per 35.12: Massachusetts Electric Company FERC Electric Tariff No. 2
(Market-Based Rates) to be effective 8/10/2010.
    Filed Date: 08/10/2010.
    Accession Number: 20100810-5030.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 31, 2010.

    Docket Numbers: ER10-2176-000.
    Applicants: Constellation Energy Commodities Group, Inc.
    Description: Constellation Energy Commodities Group, Inc. submits
tariff filing per 35.12: Constellation Energy

Commodities Group Baseline MBR Tariff to be effective 8/10/2010.
    Filed Date: 08/10/2010.
    Accession Number: 20100810-5031.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 31, 2010.

    Docket Numbers: ER10-2177-000.
    Applicants: The Narragansett Electric Company.
    Description: The Narragansett Electric Company submits tariff
filing per 35.12: The Narragansett Electric Company FERC Electric
Tariff No. 2 (Market-Based Rate) to be effective 8/10/2010.
    Filed Date: 08/10/2010.
    Accession Number: 20100810-5032.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 31, 2010.

    Docket Numbers: ER10-2178-000.
    Applicants: Constellation NewEnergy, Inc.
    Description: Constellation NewEnergy, Inc. submits tariff filing
per 35.12: Constellation NewEnergy Baseline MBR Tariff to be effective
8/10/2010.
    Filed Date: 08/10/2010.
    Accession Number: 20100810-5033.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 31, 2010.

    Docket Numbers: ER10-2179-000.
    Applicants: Calvert Cliffs Nuclear Power Plant, LLC.
    Description: Calvert Cliffs Nuclear Power Plant, LLC submits tariff
filing per 35.12, Market-Based Rate Tariff, to be effective 8/10/2010.
    Filed Date: 08/10/2010.
    Accession Number: 20100810-5035.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 31, 2010.

    Docket Numbers: ER10-2180-000.
    Applicants: Handsome Lake Energy, LLC.
    Description: Handsome Lake Energy, LLC submits its baseline tariff
filing, FERC Electric Tariff pursuant to Order No. 714, to be effective
8/10/2010.
    Filed Date: 08/10/2010.
    Accession Number: 20100810-5036.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 31, 2010.

    Docket Numbers: ER10-2181-000.
    Applicants: Nine Mile Point Nuclear Station, LLC.
    Description: Nine Mile Point Nuclear Station, LLC submits tariff
filing per 35.12: Nine Mile Point Nuclear Station Baseline MBR Tariff
to be effective 8/10/2010.
    Filed Date: 08/10/2010.
    Accession Number: 20100810-5037.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 31, 2010.

    Docket Numbers: ER10-2182-000.
    Applicants: R.E. Ginna Nuclear Power Plant, LLC.
    Description: R.E. Ginna Nuclear Power Plant, LLC submits tariff
filing per 35.12: R.E. Ginna Nuclear Power Plant Baseline MBR Tariff to
be effective 8/10/2010.
    Filed Date: 08/10/2010.
    Accession Number: 20100810-5038.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 31, 2010.

    Docket Numbers: ER10-2183-000.
    Applicants: CER Generation II, LLC.
    Description: CER Generation II, LLC submits tariff filing per
35.12: CER Generation II Baseline MBR Filing to be effective 8/10/2010.
    Filed Date: 08/10/2010.
    Accession Number: 20100810-5039.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 31, 2010.

    Docket Numbers: ER10-2184-000.
    Applicants: CER Generation, LLC.
    Description: CER Generation, LLC submits tariff filing per 35.12:
CER Generation Baseline MBR Tariff to be effective 8/10/2010.
    Filed Date: 08/10/2010.
    Accession Number: 20100810-5040.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 31, 2010.

    Docket Numbers: ER10-2185-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.13(a)(2)(iii): RLA RRI Mandalay R 081010 to be effective
10/6/2010.
    Filed Date: 08/10/2010.
    Accession Number: 20100810-5041.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 31, 2010.

    Docket Numbers: ER10-2186-000.
    Applicants: Consolidated Edison Company of New York, Inc.
    Description: Consolidated Edison Company of New York, Inc. submits
tariff filing per 35.13(a)(2)(iii): Correction to Rate Schedule No. 96
to be effective 8/10/2010.
    Filed Date: 08/10/2010.
    Accession Number: 20100810-5054.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 31, 2010.

    Docket Numbers: ER10-2187-000.
    Applicants: Spokane Energy, LLC.
    Description: Spokane Energy, LLC submits tariff filing per 35.12:
Spokane Energy eTariff Baseline to be effective 8/10/2010.
    Filed Date: 08/10/2010.
    Accession Number: 20100810-5068.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 31, 2010.

    Docket Numbers: ER10-2188-000.
    Applicants: Avista Turbine Power, Inc.
    Description: Avista Turbine Power, Inc. submits its baseline tariff
filing per Order No. 714, to be effective 8/10/2010.
    Filed Date: 08/10/2010.
    Accession Number: 20100810-5073.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 31, 2010.

    Take notice that the Commission received the following qualifying
facility filings:
    Docket Numbers: QF10-614-000.
    Applicants: Sysco Raleigh, LLC.
    Description: Self-Certification of EG by PowerSecure Inc. for Sysco
Raleigh LLC.
    Filed Date: 08/06/2010.
    Accession Number: 20100806-5018.
    Comment Date: Not Applicable.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be

listed as a contact for an intervenor must create and validate an
eRegistration account using the eRegistration link. Select the eFiling
link to log on and submit the intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-20505 Filed 8-18-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 133 (Wednesday, July 11, 2018)]
[Notices]
[Pages 32103-32104]
[FR Doc No: 2018-14764]

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

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: ER10-2265-015; ER10-1575-013; ER10-1581-021 ER10-
2262-009; ER10-2791-015; ER10-2792-015; ER10-2876-015; ER10-2931-015;
ER11-2508-023; ER11-2805-023; ER11-3418-002; ER11-4307-024; ER11-4308-
024; ER12-2413-013; ER12-261-023; ER13-1965-014; ER14-1818-015; ER18-
1160-002.
    Applicants: NRG Power Marketing LLC, Bayou Cove Peaking Power LLC,
Cottonwood Energy Company LP, El Segundo Power, LLC, Energy
Alternatives Wholesale, LLC, GenOn Energy Management, LLC, Green
Mountain Energy Company, Independence Energy Group LLC, Long Beach
Peakers LLC, Louisiana Generating LLC, NRG Cottonwood Tenant LLC, NRG
Sterlington Power LLC, NRG Wholesale Generation LP, Reliant Energy
Northeast LLC, RRI Energy Services, LLC, XOOM Energy, LLC, Boston
Energy Trading and Marketing LLC, Big Cajun I Peaking Power LLC.
    Description: Updated Market Power Analysis of the NRG Central MBR
Sellers.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5215.
    Comments Due: 5 p.m. ET 8/28/18.

    Docket Numbers: ER10-2738-006.
    Applicants: The Empire District Electric Company.
    Description: Updated Market Power Analysis of The Empire District
Electric Company.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5310.
    Comments Due: 5 p.m. ET 8/28/18.

    Docket Numbers: ER10-2739-023; ER10-1892-010; ER10-1936-006 ER16-
1652-011.
    Applicants: LS Power Marketing, LLC, Carville Energy, LLC, Columbia
Energy LLC, LifeEnergy LLC.
    Description: Updated Market Power Analysis Notification of the LS
Central MBR Sellers.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5201.
    Comments Due: 5 p.m. ET 8/28/18.

    Docket Numbers: ER11-3418-003.
    Applicants: XOOM Energy, LLC.
    Description: Notification of Change in Status of XOOM Energy, LLC.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5312.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER14-2144-008; ER10-2178-033; ER10-2192-033 ER11-
2009-025; ER11-2011-025; ER11-3989-021 ER12-2201-016; ER12-2311-016;
ER13-1536-017.
    Applicants: Beebe 1B Renewable Energy, LLC, Beebe Renewable Energy,
LLC, Constellation Energy Commodities Group Maine, LLC, Constellation
NewEnergy, Inc., Exelon Generation Company, LLC, Harvest II Windfarm,
LLC, Harvest WindFarm, LLC, Michigan Wind 1, LLC, Michigan Wind 2, LLC.
    Description: Updated Market Power Analysis for the Central Region
of the Exelon Central Entities.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5160.
    Comments Due: 5 p.m. ET 8/28/18.

    Docket Numbers: ER18-1889-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Request for Limited Tariff Waiver and Expedited Action
of New York Independent System Operator, Inc.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5112.
    Comments Due: 5 p.m. ET 7/9/18.

    Docket Numbers: ER18-1894-000.
    Applicants: Keystone Power LLC.
    Description: Sec.  205(d) Rate Filing: Reactive Service Rate
Schedule Filings, Request for Waiver and Expedited Action to be
effective 8/1/2018.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5197.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1895-000.
    Applicants: Conemaugh Power LLC.
    Description: Sec.  205(d) Rate Filing: Reactive Service Rate
Schedule Filings, Request for Waiver and Expedited Action to be
effective 8/1/2018.
    Filed Date: 6/29/18.

    Accession Number: 20180629-5200.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1896-000.
    Applicants: NRG Power Marketing LLC.
    Description: Sec.  205(d) Rate Filing: Reactive Service Rate
Schedule Filing, Request for Waiver and Expedited Action to be
effective 8/1/2018.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5204.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1897-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1976R7 FreeState Electric
Cooperative, Inc. NITSA and NOA to be effective 9/1/2018.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5218.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1898-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1534R8 Kansas Municipal
Energy Agency NITSA NOA to be effective 6/1/2018.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5221.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1899-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2018-06-29_Filing of Pro
Forma Pseudo-Tie Agreement + related tariff provisions to be effective
8/29/2018.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5238.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1900-000.
    Applicants: FPL Energy New Mexico Wind, LLC.
    Description: Tariff Cancellation: FPL Energy New Mexico Wind, LLC
Notice of Cancellation of MBR Tariff to be effective 6/30/2018.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5241.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1901-000.
    Applicants: Massachusetts Electric Company.
    Description: Sec.  205(d) Rate Filing: Cost Reimbursement Agreement
with Gas Recovery Systems & Expedited Order Request to be effective 6/
27/2018.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5242.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1902-000.
    Applicants: NextEra Energy Transmission MidAtlantic, LLC, Rochelle
Municipal Utilities, PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revisions to OATT to reflect
NextEra acquisition of the RMU Transmission System to be effective 12/
31/9998.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5243.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1903-000.
    Applicants: NextEra Energy Transmission MidAtlantic, LLC, Rochelle
Municipal Utilities, PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revisions to the CTOA RE
NextEra Acquisition of RMU Transmission System to be effective 12/31/
9998.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5244.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1904-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2646R6 Kansas Municipal
Energy Agency NITSA NOA to be effective 6/1/2018.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5245.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1905-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revisions to the PJM Tariff
RE GDECS Standard Format Clean-Ups to be effective 9/1/2018.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5246.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1906-000.
    Applicants: Entergy Arkansas, LLC.
    Description: Baseline eTariff Filing: EAL MBR Application to be
effective 12/31/9998.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5250.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1907-000.
    Applicants: Entergy Mississippi, LLC.
    Description: Baseline eTariff Filing: EML MBR Application to be
effective 12/31/9998.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5254.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1908-000.
    Applicants: NorthWestern Corporation.
    Description: Tariff Cancellation: Notice of Cancellation: SA 818
PTP TSA with Energy Keepers, Inc. to be effective 9/1/2018.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5256.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1909-000.
    Applicants: NorthWestern Corporation.
    Description: Sec.  205(d) Rate Filing: SA 850--PTP TSA with Energy
Keepers, Inc. to be effective 9/1/2018.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5257.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1910-000.
    Applicants: New England Power Pool Participants Committee.
    Description: Sec.  205(d) Rate Filing: July 2018 Membership Filing
to be effective 7/1/2018.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5262.
    Comments Due: 5 p.m. ET 7/20/18.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 2, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-14764 Filed 7-10-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)]
[Proposed Rules]
[Pages 31496-31499]
[FR Doc No: 2018-14415]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0586; Product Identifier 2017-NM-151-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Bombardier, Inc., Model DHC-8-300 series airplanes. This
proposed AD was prompted by reports indicating that a certain emergency
exit door could not be opened during maintenance. This proposed AD
would require a detailed inspection of the ball bearings of an
emergency exit, replacement of bearings if necessary, application of
corrosion inhibiting compound (CIC), and revision of the maintenance or
inspection program, as applicable. We are proposing this AD to address
the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by August 20, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt

Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email [email protected]; internet
http://www.bombardier.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0586; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Operations
office (telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Neil Doh, Aerospace Engineer, Aviation
Safety Section, FAA, Boston ACO Branch, 1200 District Avenue,
Burlington, MA 01803; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0586;
Product Identifier 2017-NM-151-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM based on
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this NPRM.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2017-30, dated August 30, 2017 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for certain Bombardier, Inc., Model DHC-8-300 series
airplanes. The MCAI states:

    An operator has reported the inability to open the Forward Right
Hand Type I emergency exit door with either the internal or external
handle during maintenance. Investigation has determined that the
handle was found to be jammed due to corroded center and lower shaft
ball bearings. Condensation has been found to be the root cause of
the Forward Right Hand Type I emergency exit door hardware
corrosion. Other Forward Right Hand Type I emergency exit door ball
bearings are also susceptible to corrosion. Inability to open the
Forward Right Hand Type I emergency exit door during an emergency
evacuation may impede aircraft egress.
    This [Canadian] AD mandates the inspection for corrosion and
replacement, as required, of all Forward Right Hand Type I emergency
exit door ball bearings, and the application of corrosion inhibiting
compound (CIC), to ensure that the Forward Right Hand Type I
emergency exit door can be opened when required.

    Required actions also include an inspection of the emergency exit
door ball bearings for seal damage and loss of lubricant and revision
of the maintenance or inspection program, as applicable. You may
examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0586.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information:
     Service Bulletin 8-52-65, dated July 26, 2017, which
describes procedures for a detailed inspection of the forward right-
hand type 1 emergency exit door ball bearings for corrosion, seal
damage, and loss of lubricant; applying CIC; and replacing emergency
exit door ball bearings if necessary.
     Maintenance Review Board (MRB) Task 5220/12 (``Servicing
of Forward RH Emergency Exit Mechanisms''), dated March 15, 2017, of
the DHC-8-300 Series Maintenance Program Support Manual (PSM) 1-83-7,
which describes procedures for servicing the forward right-hand
emergency exit door mechanisms.
     Temporary Revision (TR) 54-042, dated April 10, 2018, to
the DHC-8-300 Aircraft Maintenance Manual (AMM), which describes
procedures for servicing the type 1 emergency exit door mechanisms.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
    This AD requires revisions to certain operator maintenance
documents to include new actions (e.g., inspections). Compliance with
these actions is required by 14 CFR 91.403(c). For airplanes that have
been previously modified, altered, or repaired in the areas addressed
by this proposed AD, the operator may not be able to accomplish the
actions described in the revisions. In this situation, to comply with
14 CFR 91.403(c), the operator must request approval for an alternative
method of compliance according to paragraph (j)(1) of this proposed AD.
The request should include a description of changes to the required
actions that will ensure the continued damage tolerance of the affected
structure.

Differences Between This Proposed AD and the MCAI

    The MCAI requires the incorporation of MRB Task 5220/12
(``Servicing of Forward RH Emergency Exit Mechanisms'') into the
maintenance program. That task refers to the AMM for certain
procedures, which have been updated. We understand that the MCAI does
not require the updated AMM procedures because, unlike U.S. operators,
Canadian operators are already required to use the most current AMM
procedures. Therefore, this proposed AD would also require the
incorporation of Bombardier TR 54-042, dated April 10, 2018, which
includes the updated AMM procedures.

Costs of Compliance

    We estimate that this proposed AD affects 16 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................              $0             $255           $4,080
----------------------------------------------------------------------------------------------------------------

    We have determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although we
recognize that this number may vary from operator to operator. In the
past, we have estimated that this action takes 1 work-hour per
airplane. Since operators incorporate maintenance or inspection program
changes for their affected fleet(s), we have determined that a per-
operator estimate is more accurate than a per-airplane estimate.
Therefore, we estimate the total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).
    We estimate the following costs to do any necessary on-condition
actions that would be required based on the results of any required
actions. We have no way of determining the number of aircraft that
might need these on-condition actions:

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                                  Labor cost                                       Parts cost        product
----------------------------------------------------------------------------------------------------------------
6 work-hours x $85 per hour = $510............................................            $586           $1,096
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Bombardier, Inc.: Docket No. FAA-2018-0586; Product Identifier 2017-
NM-151-AD.

(a) Comments Due Date

    We must receive comments by August 20, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model DHC-8-301, -311, and
-315 airplanes, certificated in any category, serial numbers 100
through 672 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

    This AD was prompted by reports indicating that the forward
right-hand type I emergency exit door could not be opened during
maintenance. An investigation determined that the exit door handle
was jammed due to corroded center and lower shaft ball bearings. We
are issuing this AD to address corrosion of the emergency exit door
ball bearings, which could result in the inability to open the
emergency exit door during an emergency evacuation and consequently
impede airplane egress.

(f) Compliance

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

(g) Revision of Maintenance or Inspection Program

    Within 60 days after the effective date of this AD: Revise the
maintenance or inspection program, as applicable, to incorporate
Maintenance Review Board Task 5220/12 (``Servicing of Forward RH
Emergency Exit Mechanisms''), dated March 15, 2017, of the DHC-8-300
Series Maintenance Program Support Manual (PSM) 1-83-7; and
Temporary Revision 54-042, dated April 10, 2018, to the DHC-8-300
Aircraft Maintenance Manual (AMM). The initial compliance time for
doing the task is

at the time specified in Maintenance Review Board Task 5220/12
(``Servicing of Forward RH Emergency Exit Mechanisms'') of the DHC-
8-300 Series Maintenance PSM 1-83-7, or within 60 days after the
effective date of this AD, whichever occurs later.

(h) Inspection and Replacement

    Within 5,000 flight hours or 36 months, whichever occurs first,
after the effective date of this AD: Do a detailed inspection of all
ball bearings of the forward right-hand type I emergency exit for
corrosion, seal damage, and loss of lubricant; replace bearings as
applicable; and apply corrosion inhibiting compound (CIC); in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 8-52-65, dated July 26, 2017. Do all applicable
replacements before further flight.

(i) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as
required by paragraph (g) of this AD, no alternative actions (e.g.,
inspections) or intervals may be used unless the actions and
intervals are approved as an alternative method of compliance (AMOC)
in accordance with the procedures specified in paragraph (j)(1) of
this AD.

(j) Other FAA AD Provisions

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

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2017-30, dated August 30,
2017, for related information. This MCAI may be found in the AD
docket on the internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2018-0586.
    (2) For more information about this AD, contact Neil Doh,
Aerospace Engineer, Aviation Safety Section, FAA, Boston ACO Branch,
1200 District Avenue, Burlington, MA 01803; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email: [email protected].
    (3) For information about AMOCs, contact Cesar Gomez, Aerospace
Engineer, Airframe and Mechanical Systems Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
    (4) For service information identified in this AD, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email [email protected]; internet
http://www.bombardier.com. You may view this service information at
the FAA, Transport Standards Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on June 26, 2018.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-14415 Filed 7-5-18; 8:45 am]
BILLING CODE 4910-13-P