[Federal Register Volume 87, Number 50 (Tuesday, March 15, 2022)]
[Rules and Regulations]
[Pages 14385-14388]
[FR Doc No: 2022-05525]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

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

The Code of Federal Regulations is sold by the Superintendent of Documents.

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Federal Register / Vol. 87, No. 50 / Tuesday, March 15, 2022 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0278; Project Identifier MCAI-2021-01437-R;
Amendment 39-21979; AD 2022-06-13]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters Deutschland GmbH
(AHD) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus Helicopters Deutschland GmbH (AHD) Model MBB-BK 117 C-2
and MBB-BK 117 D-2 helicopters. This AD was prompted by a report of
erroneous or partial installation of the seat belt restraint system.
This AD requires inspecting certain seats, 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 becomes effective March 30, 2022.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of March 30,
2022.
    The FAA must receive comments on this AD by April 29, 2022.

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 https://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 EASA material incorporated by reference (IBR) in this final
rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. For Mecaer Aviation Group (MAG) service
information identified in this final rule, contact Mecaer Aviation
Group, Via dell'Artigianato 1, Monteprandone 63076 Ascoli Piceno,
Italy; telephone (+39) 0735-7091; email [email protected]; or at
www.mecaer.com. You may view this material at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. Service information that is
IBRed is also available in the AD docket at https://www.regulations.gov
by searching for and locating Docket No. FAA-2022-0278.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0278; 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
EASA AD, supplemental type certificates (STCs), any comments received,
and other information. The street address for Docket Operations is
listed above. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Antariksh Shetty, Aerospace Engineer,
Airframe & Propulsion Section, New York ACO Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0287, dated December 21, 2021,
and corrected January 26, 2022 (EASA AD 2021-0287), to correct an
unsafe condition for Airbus Helicopters Deutschland GmbH (AHD),
formerly Eurocopter Deutschland GmbH; and Airbus Helicopters Inc.,
formerly American Eurocopter LLC, Model MBB-BK117 C-2, D-2, and D-3
helicopters, all serial numbers, if modified in accordance with EASA
STC 10038915 or STC 10055175. The equivalent FAA STCs for Model MBB-
BK117 C-2 and MBB-BK117 D-2 helicopters are STC SR03130NY and STC
SR03703NY, respectively. Currently, there are no equivalent FAA STCs or
any other forms of FAA design approval to install an affected seat on
Model MBB-BK117 D-3 helicopters. Accordingly, this modification does
not affect U.S. registered MBB-BK117 D-3 helicopters, so this AD does
not include that model in the applicability.
    This AD was prompted by a report of erroneous or partial
installation of the seat belt restraint system. The FAA is issuing this
AD to ensure proper installation of the seat belt restraint system. See
EASA AD 2021-0287 for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0287 requires a one-time inspection of the affected
seats and depending on the results, corrective action or marking the
affected seat ``inoperative.''
    The FAA also reviewed Mecaer Aviation Group Mandatory Service
Bulletin No. SB-EC1-010, Revision A, dated December 30, 2021 (SB-EC1-
010, Rev A). SB-EC1-010, Rev A identifies affected part-numbered and
serial-numbered pilot, co-pilot, and passenger (passenger cabin) seats,
and specifies procedures for inspecting the affected seats for proper
assembly and corrective action if there is a deviation.
    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.

Other Related Service Information

    The FAA reviewed B/E Aerospace Fischer Component Maintenance Manual
With Illustrated Parts List, 25-24-19, Revision D, dated September 10,
2018. This service information specifies

procedures for maintenance, repair, disassembly, and assembly of an
affected crew (pilot or co-pilot) seat.
    The FAA also reviewed Fischer+Entwicklungen Component Maintenance
Manual With Illustrated Parts List, 25-24-29, Revision C, dated January
09, 2013. This service information specifies procedures for
maintenance, repair, disassembly, and assembly of an affected common
(passenger or passenger cabin) seat.

FAA's Determination

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA, its technical representative,
has notified the FAA of the unsafe condition described in its AD. The
FAA is issuing this AD after evaluating all pertinent information and
determining that the unsafe condition exists and is likely to exist or
develop on other helicopters of the same type designs.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD
2021-0287, described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD and except as discussed under ``Differences Between this AD and
EASA AD 2021-0287.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2021-0287 will be incorporated by reference in this FAA final
rule. This AD would, therefore, require compliance with EASA AD 2021-
0287 in its entirety through that incorporation, except for any
differences identified as exceptions in the regulatory text of this AD.
Using common terms that are the same as the heading of a particular
section in EASA AD 2021-0287 does not mean that operators need comply
only with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in EASA AD 2021-0287. Service information
referenced in EASA AD 2021-0287 for compliance will be available at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2022-0278.

Differences Between This AD and EASA AD 2021-0287

    EASA AD 2021-0287 includes Model MBB-BK 117 D-3 helicopters in the
applicability, whereas this AD does not. This AD requires renumbering
certain figures in SB-EC1-010, Rev A, for the purposes of this AD,
whereas EASA AD 2021-0287 does not. Where the service information
referenced in EASA AD 2021-0287 specifies to contact ``MAG DOA
([email protected]) to receive instructions,'' this AD requires repair
done in accordance with certain approved methods instead.
    Where the service information referenced in EASA AD 2021-0287
specifies, ``17. Make available items C (q.ty 2) and D (q.ty 2) (ref.
Figure 18), for each affected seat,'' this AD requires installing new
(zero total hours time-in-service) nuts and hex head screws (bolts).
    Lastly, the service information referenced in EASA AD 2021-0287
specifies to submit certain information to the manufacturer; this AD
does not include that requirement.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because seat belt restraint systems are critical for flight crew and
occupant safety. The improper installation of the seat belt restraint
system, if not corrected, could result in serious injury to the seat
occupant during various operations including inclement weather,
autorotations, hard landings, and emergency or forced landings. In
light of this, the required actions of this AD must be accomplished
within 3 months or 50 hours time-in-service, whichever occurs first.
This is a short compliance time for these high usage helicopters, some
of which could reach these hours within 60 calendar days. Therefore,
the compliance time for the required actions is shorter than the time
necessary for the public to comment and for publication of the final
rule. Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-0278; Project Identifier MCAI-
2021-01437-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket

of this AD. Submissions containing CBI should be sent to Antariksh
Shetty, Aerospace Engineer, Airframe & Propulsion Section, New York ACO
Branch, Compliance & Airworthiness Division, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected]. Any commentary that the FAA receives that is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 3 helicopters of U.S.
Registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.
    Inspecting the seat belt restraint system for a cabin seat takes up
to 1 work-hour for an estimated cost of up to $85 per cabin seat and up
to $2,040 for the U.S. fleet.
    If required, reworking the seat belt restraint system for a cabin
seat takes up to 1 work-hour and parts cost up to $95 for an estimated
cost of up to $180 per cabin seat and up to $4,320 for the U.S. fleet.
    Inspecting the seat belt restraint system for a pilot/co-pilot seat
takes up to 2 work-hours for an estimated cost of up to $170 per pilot/
co-pilot seat and up to $1,020 for the U.S. fleet.
    If required, reworking the seat belt restraint system for a pilot/
co-pilot seat takes up to 2 work-hours with a negligible parts cost for
an estimated cost of up to $170 per pilot/co-pilot seat and up to
$1,020 for the U.S. fleet. The FAA has no way of determining the costs
pertaining to any necessary repairs that are required to be done with
an approved method.
    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators.

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, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska

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:

AD 2022-06-13 Airbus Helicopters Deutschland GmbH (AHD): Amendment
39-21979; Docket No. FAA-2022-0278; Project Identifier MCAI-2021-
01437-R.

(a) Effective Date

    This airworthiness directive (AD) is effective March 30, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH (AHD)
Model MBB-BK 117 C-2 and MBB-BK 117 D-2 helicopters, certificated in
any category, modified by Supplemental Type Certificate (STC)
SR03130NY, or STC SR03703NY.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2500, Cabin
Equipment/Furnishings.

(e) Unsafe Condition

    This AD was prompted by a report of erroneous or partial
installation of the seat belt restraint system. The FAA is issuing
this AD to ensure proper installation of the seat belt restraint
system. The unsafe condition, if not addressed, could prevent proper
operation of the seat belt restraint system, resulting in subsequent
injury to the seat occupant.

(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
2021-0287, dated December 21, 2021, and corrected January 26, 2022
(EASA AD 2021-0287).

(h) Exceptions to EASA AD 2021-0287

    (1) Where EASA AD 2021-0287 requires compliance in terms of
flight hours, this AD requires using hours time-in-service (TIS).
    (2) Where EASA AD 2021-0287 refers to its effective date, this
AD requires using the effective date of this AD.
    (3) Where paragraph (1) of EASA AD 2021-0287 specifies to
``inspect each affected part in accordance with the instructions of
the SB,'' this AD requires inspecting each affected part by
following the procedures in Mecaer Aviation Group Mandatory Service
Bulletin No. SB-EC1-010, Revision A, dated December 30, 2021 (SB-
EC1-010, Rev A). Except for the purposes of this AD, consider Figure
16 on page 16 of SB-EC1-010, Rev A, as Figure 18 and consider
Figures 17 and 18 on page 17 of SB-EC1-010, Rev A, as Figures 19 and
20, respectively.
    Note 1 to paragraph (h)(3): SB-EC1-010, Rev A refers to a
passenger seat as a passenger seat and passenger cabin seat; a seat
belt as a seat belt and safety belt; and a bolt as a hex head screw
and hex head bolt.
    (4) Where the service information referenced in paragraph (2) of
EASA AD 2021-0287 specifies to ``contact MAG to receive missing
parts/materials, if any,'' this AD requires replacing the missing
parts and materials but does not require contacting MAG to receive
the missing parts or materials.
    (5) Where the service information referenced in paragraph (2) of
EASA AD 2021-0287 specifies contacting ``MAG DOA ([email protected]) to
receive instructions,''

this AD requires repair done in accordance with a method approved by
the Manager, General Aviation & Rotorcraft Section, International
Validation Branch, FAA; or EASA; or Airbus Helicopters' EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (6) Where the service information referenced in paragraph (2) of
EASA AD 2021-0287 specifies, ``17. Make available items C (q.ty 2)
and D (q.ty 2) (ref. Figure 18), for each affected seat,'' this AD
requires installing new (zero total hours TIS) nuts and hex head
screws.
    (7) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2021-0287.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0287
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Alternative Methods of Compliance (AMOCs)

    (1) 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 local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (k) of
this AD. Information may be emailed to: [email protected].
    (2) 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.

(k) Related Information

    For more information about this AD, contact Antariksh Shetty,
Aerospace Engineer, Airframe & Propulsion Section, New York ACO
Branch, Compliance & Airworthiness Division, FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>;
email [email protected].

(l) 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 the AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0287,
dated December 21, 2021, and corrected January 26, 2022.
    (ii) Mecaer Aviation Group Mandatory Service Bulletin No. SB-
EC1-010, Revision A, dated December 30, 2021.
    (3) For EASA AD 2021-0287, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find the
EASA material on the EASA website at https://ad.easa.europa.eu. For
Mecaer Aviation Group service information identified in this AD,
contact Mecaer Aviation Group (MAG), Via dell'Artigianato 1,
Monteprandone 63076 Ascoli Piceno, Italy; telephone (+39) 0735-7091;
email [email protected]; or at www.mecaer.com.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information 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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 10, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-05525 Filed 3-11-22; 4:15 pm]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Notices]
[Page 51139]
[FR Doc No: 2021-19785]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 15113-000]

Kinet, Inc.; Notice of Preliminary Permit Application Accepted
for Filing and Soliciting Comments, Motions To Intervene, and Competing
Applications

    On April 12, 2021, Kinet, Inc., filed an application for a
preliminary permit, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of the Coons Rapid Hydroelectric
Project to be located on the Mississippi River, near the Towns of
Brooklyn Park and Coon Rapids, in Hennepin County, Minnesota. The sole
purpose of a preliminary permit, if issued, is to grant the permit
holder priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The proposed project would utilize the impoundment formed by the
Hennepin County Dam owned and operated by Suburban Hennepin Regional
Park District (Three Rivers Park District) and consist of the
following: (1) An existing 975-foot-long by 35-foot-high concrete dam;
(2) a 160-square-mile reservoir with a normal storage volume of 1,380
acre-feet at a normal pool elevation of 830 feet mean sea level; (3)
three 52-foot-long by 102-foot-wide by 33-foot-high concrete- intake
structures with varying depths of between 8 to 32 feet; (4) a new 120-
foot-wide by 60-foot-long by 33-foot-high concrete powerhouse
containing fifteen 751-kilowatt (kW) turbine-generators for a total
project capacity of 10,275 kW; (5) a 54-foot-long by 306-foot-wide
tailrace; (6) a 1,200-foot-long, 115-kilovolt transmission line; and
(7) appurtenant facilities. The estimated annual generation of the Coon
Rapids Hydroelectric Project would be 62,539 megawatt-hours.
    Applicant Contact: Mr. Dan Panko, Kinet, Inc, 2401 Monarch Street,
Alameda, CA 94501; phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    FERC Contact: Tyrone Williams; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852. The first page of any filing should include docket
number P-15113-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-15113) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: September 8, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-19785 Filed 9-13-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 95 (Monday, May 18, 2015)]
[Notices]
[Pages 28291-28293]
[FR Doc No: 2015-11963]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2015-0001]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final notice.

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SUMMARY: New or modified Base (1-percent annual chance) Flood
Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA)
boundaries or zone designations, and/or regulatory floodways
(hereinafter referred to as flood hazard determinations) as shown on
the indicated Letter of Map Revision (LOMR) for each of the communities
listed in the table below are finalized. Each LOMR revises the Flood
Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance
Study (FIS) reports, currently in effect for the listed communities.
The flood hazard determinations modified by each LOMR will be used to
calculate flood insurance premium rates for new buildings and their
contents.

DATES: The effective date for each LOMR is indicated in the table
below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at www.msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC

20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>or
visit the FEMA Map Information eXchange (FMIX) online at
www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and 90 days have elapsed since that publication.
The Deputy Associate Administrator for Mitigation has resolved any
appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The new or modified flood hazard information is the basis for the
floodplain management measures that the community is required either to
adopt or to show evidence of being already in effect in order to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    This new or modified flood hazard information, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities.
    This new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP and also are used to
calculate the appropriate flood insurance premium rates for new
buildings, and for the contents in those buildings. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at www.msc.fema.gov.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: April 23, 2015.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Location and case                                                                              Effective date of        Community
  State and county           No.          Chief executive officer of community     Community map repository            modification              No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arkansas:            City of Fort Smith,  Mr. Ray Gosack, Administrator, City   623 Garrison Avenue, 3rd       January 23, 2015............       055013
 Sebastian, (FEMA     (13-06-0554P).       of Fort Smith, P.O. Box 1908, Fort    Floor, Room 315, Fort Smith,
 Docket No.: B-                            Smith, AR 72902.                      AR 72901.
 1444).
New Mexico:          Unincorporated       Ms. Nita Taylor, Manager, Lincoln     Lincoln County, 115 Kansas     February 5, 2015............       350122
 Lincoln, (FEMA       areas of Lincoln     County, P.O. Box 711, Carrizozo, NM   City Road, Ruidoso, NM
 Docket No.: B-       County, (14-06-      88301.                                88345.
 1458).               2363P).
New York:
    Cattaraugus,     Town of              The Honorable John Burrell,           Building Department Office, 9  February 4, 2015............       360069
     (FEMA Docket     Ellicottville, (14-  Supervisor, Town of Ellicottville,    Mill Street, Ellicottville,
     No.: B-1444).    02-1952P).           P.O. Box 600, Ellicottville, NY       NY 14731.
                                           14731.
    Cattaraugus,     Village of           The Honorable Charles R. Coolidge,    Building Department Office, 9  February 4, 2015............       360070
     (FEMA Docket     Ellicottville, (14-  Mayor, Village of Ellicottville,      Mill Street, Ellicottville,
     No.: B-1444).    02-1952P).           P.O. Box 475, Ellicottville, NY       NY 14731.
                                           14731.
Pennsylvania:
    Chester, (FEMA   Township of Caln,    The Honorable John Contento,          Caln Township Municipal        February 6, 2015............       422247
     Docket No.: B-   (14-03-1638P).       President, Caln Township Board of     Building, 253 Municipal
     1458).                                Commissioners, 253 Municipal Drive,   Drive, Thorndale, PA 19372.
                                           Thorndale, PA 19372.
    Dauphin, (FEMA   Township of Derry,   The Honorable John Foley, Chairman,   Derry Township Municipal       February 6, 2015............       420376
     Docket No.: B-   (14-03-0956P).       Derry Township Board of               Building, 600 Clearwater
     1458).                                Supervisors, 600 Clearwater Road,     Road, Hershey, PA 17033.
                                           Hershey, PA 17033.
Texas:
    Bowie, (FEMA     Unincorporated       The Honorable James Carlow, Bowie     Bowie County Courthouse, 710   January 27, 2015............       481194
     Docket No.: B-   areas of Bowie       County Judge, 710 James Bowie         James Bowie Drive, New
     1458).           County, (13-06-      Drive, New Boston, TX 75570.          Boston, TX 75570.
                      3716P).
    Collin, (FEMA    City of Wylie, (14-  The Honorable Eric Hogue, Mayor,      300 Country Club Road,         February 5, 2015............       480759
     Docket No.: B-   06-1119P).           City of Wylie, 300 Country Club       Building 100, Wylie, TX
     1458).                                Road, Building 100, Wylie, TX         75098.
                                           75098.
    Dallas and       City of Coppell,     The Honorable Karen Hunt, Mayor,      Engineering Department, 265    February 9, 2015............       480170
     Denton, (FEMA    (14-06-1947P).       City of Coppell, P.O. Box 9478,       Parkway Boulevard, Coppell,
     Docket No.: B-                        Coppell, TX 75019.                    TX 75019.
     1458).
    Kendall, (FEMA   City of Boerne, (14- The Honorable Mike Schultz, Mayor,    Department of Planning and     February 9, 2015............       480418
     Docket No.: B-   06-2663P).           City of Boerne, 402 East Blanco       Community Development, 402
     1458).                                Road, Boerne, TX 78006.               East Blanco Road, Boerne, TX
                                                                                78006.
    Tarrant, (FEMA   City of              The Honorable David Kelly, Mayor,     Engineering Division, 100      February 3, 2015............       480590
     Docket No.: B-   Colleyville, (14-    City of Colleyville, 100 Main         Main Street, 2nd Floor,
     1458).           06-2163P).           Street, Colleyville, TX 76034.        Colleyville, TX 76034.
    Tarrant, (FEMA   City of Southlake,   The Honorable John Terrell, Mayor,    Public Works Administration    February 3, 2015............       480612
     Docket No.: B-   (14-06-2163P).       City of Southlake, 1400 Main          and Engineering Division,
     1458).                                Street, Suite 270, Southlake, TX      1400 Main Street, Suite 320,
                                           76092.                                Southlake, TX 76092.
Virginia:

    Prince William   Unincorporated       The Honorable Melissa S. Peacor,      Prince William County, James   January 22, 2015............       510119
     (FEMA Docket     areas of Prince      Prince William County Executive, 1    J. McCoart Administration
     No.: B-1458).    William County,      County Complex Court, Prince          Building, 5 County Complex
                      (14-03-0598P).       William, VA 22192.                    Court, Suite 170, Prince
                                                                                William, VA 22192.
    Stafford, (FEMA  Unincorporated       The Honorable Gary Snellings,         Stafford County                February 4, 2015............       510154
     Docket No.: B-   areas of Stafford    Chairman, Stafford County Board of    Administration Center, 1300
     1458).           County, (14-03-      Supervisors, P.O. Box 339,            Courthouse Road, Stafford,
                      1089P).              Stafford, VA 22555.                   VA 22554.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-11963 Filed 5-15-15; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register: April 13, 2009 (Volume 74, Number 69)]
[Notices]
[Page 16899-16901]
[DOCID:fr13ap09-126]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59709; File No. SR-BATS-2009-008]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Related to
Fees for Use of BATS Exchange, Inc.

April 6, 2009.
    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 March 31, 2009, BATS Exchange, Inc. (``BATS'' or the ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II and III below, which
Items have been prepared by the Exchange. BATS has designated the
proposed rule change as one establishing or changing a member due, fee,
or other charge imposed by the Exchange under Section 19(b)(3)(A)(ii)
of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders the
proposed rule change effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to modify its fee schedule applicable to use
of the Exchange. While changes to the fee schedule pursuant to this
proposal will be effective upon filing, the changes will become
operative on April 1, 2009.
    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to modify its fee schedule applicable to use
of the Exchange effective April 1, 2009, in order to: (i) Reduce the
rebate provided to Members who add liquidity to the Exchange in Tape A
securities and Tape C securities from $0.0024 per share to $0.0023 per
share; (ii) expand the securities for which the Exchange does not pay a
rebate to all securities priced below $5.00, rather than securities
priced below $1.00, and provide a rebate of $0.0001 per share for
trades that remove liquidity in securities priced below $5.00; (iii)
decrease the fee charged by the Exchange for its ``CYCLE'' routing
strategy from $0.0029 per share to $0.0026 per share; and (iv) make
modifications to certain of the Exchange's non-standard routing
charges. In addition to these specific changes, which are discussed in
further detail below, the Exchange has proposed additional
modifications to its fee schedule for clarity. For instance, the
Exchange has proposed re-ordering the list of non-standard routing
changes, added language to certain headings to make clear the
distinction between securities priced at $5.00 or above and below
$5.00, and proposed modified language describing non-displayed
liquidity and Modified Destination Specific Orders to more closely
reflect the language typically used by Members of the Exchange. The
Exchange has also proposed removing a descriptive chart that it
previously included on its fee schedule.
(i) Reduction of Tape A and C Rebates
    The Exchange proposes to reduce the rebate provided to Members who
add liquidity to the Exchange in Tape A and Tape C securities from
$0.0024 per share to $0.0023 per share. The Exchange believes that this
proposed fee change is consistent with its long-term goal of providing
access to the Exchange at competitive rates that do not expose the
Exchange to significant losses or capital outlays.
(ii) Securities Priced Below $5.00
    The Exchange does not currently charge fees for removing liquidity
nor does the Exchange provide a rebate for adding liquidity in any
securities priced below $1.00. The Exchange proposes to expand the no-
rebate structure for liquidity adders to all securities priced below
$5.00. In addition, the Exchange proposes to provide a rebate of
$0.0001 per share for all orders that remove liquidity in securities
priced below $5.00. The Exchange believes that this proposed fee
structure, which differs depending on whether a security trades below
$5.00 or at or above $5.00, will benefit both the Exchange and Members
of the Exchange by encouraging market participants to send order flow
in lower priced securities to the Exchange for execution, resulting in
higher liquidity and better execution quality. In addition, the
Exchange believes that the fee and rebate rates it proposes are
reasonable.
(iii) Decrease of Standard Routing Fee
    The Exchange proposes to decrease the fee charged by the Exchange
for its CYCLE routing strategy \5\ from $0.0029 per share to $0.0026
per share. This proposed change reflects decreases recently made by
certain other protected markets to their access fees.
---------------------------------------------------------------------------

    \5\ The CYCLE routing strategy routes orders to any market
center or execution venue other than a dark liquidity pool. Orders
are routed to dark liquidity pools through the Exchange's DART
routing strategy. Orders executed through DART cost $0.0020 per
share, which the Exchange has not proposed to change at this time.
---------------------------------------------------------------------------

(iv) Changes to Non-Standard Routing Charges
    As described below, the Exchange also proposes certain changes to
the non-standard routing charges charged to Members. First, the
Exchange proposes to modify the routing charges applicable to
Destination Specific Orders sent to all market centers that display
Protected Quotations \6\ (each a ``Protected Market Center'') other
than the NYSE, NYSE Arca or NASDAQ, by increasing the standard charge
for all such orders from $0.0029 per share to $0.0030 per share.
Second, for Destination Specific Orders routed to NYSE, the Exchange
proposes providing a discounted price from the NYSE's current removal
fee of $0.0018 per share by charging $0.0017 per share for such orders.
Third, with respect to Destination Specific Orders routed to NYSE Arca
and NASDAQ, the Exchange will charge the lowest transaction fee
currently available at such market centers in each Tape. Specifically,
the Exchange will charge: (A) $0.0028 per share for Destination
Specific orders executed at NYSE Arca; (B) $0.0026 per share for
Destination Specific orders in Tape A securities and Tape C securities
executed at NASDAQ; and (C) $0.0029 per share for Destination Specific
orders in Tape B securities executed at NASDAQ. Finally, to be
consistent with the change to the CYCLE routing fee described above,
the Exchange proposes to charge 0.26%, rather than 0.29%, of the total
dollar value of the execution for any security (all Tapes) priced under
$1.00 per share that is routed away from the Exchange.
---------------------------------------------------------------------------

    \6\ As defined in BATS Rule 1.5(s).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that

are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6 of the Act.\7\ Specifically, the
Exchange believes that the proposed rule change is consistent with
Section 6(b)(4) of the Act,\8\ in that it provides for the equitable
allocation of reasonable dues, fees and other charges among members and
other persons using any facility or system which the Exchange operates
or controls. The Exchange notes that it operates in a highly
competitive market in which market participants can readily direct
order flow to competing venues if they deem fee levels at a particular
venue to be excessive. The Exchange believes that its fees and credits
are competitive with those charged by other venues and that the various
changes it has proposed to reduce its fees will benefit Members both
due to the obvious economic savings and due to the potential of
increased available liquidity at the Exchange. For those proposed
changes that will result in increased fees charged to Members or lower
rebates received by Members, such as the reduction of the rebate in
Tape A and C securities, the Exchange believes that any additional
revenue it receives will allow the Exchange to devote additional
capital to its operations, which may, in turn, benefit Members of the
Exchange. Finally, the Exchange believes that the proposed rates are
equitable in that they apply uniformly to all Members.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement of Burden on Competition

    The Exchange does not believe that the proposed rule change imposes
any burden on competition.

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

    No written comments were solicited or received.

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

    The foregoing proposed rule change has been designated as a fee
change pursuant to Section 19(b)(3)(A)(ii) of the Act \9\ and Rule 19b-
4(f)(2) thereunder,\10\ because it establishes or changes a due, fee or
other charge imposed on members by the Exchange. Accordingly, the
proposal is effective upon filing with the Commission.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 17 CFR 240.19b-4(f)(6) [sic].
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-BATS--2009-008 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 No. SR-BATS-2009-008. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule changes 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 inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of BATS. 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. SR-BATS-2009-008 and should be
submitted on or before May 4, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-8323 Filed 4-10-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: June 27, 2008 (Volume 73, Number 125)]
[Rules and Regulations]
[Page 36431-36433]
[DOCID:fr27jn08-11]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0569]
RIN 1625-AA87

Security Zone; Waters Adjacent 10th Avenue Marine Terminal, San
Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary security zone in
the waters adjacent to the 10th Avenue Marine Terminal, San Diego Bay,
San Diego, CA. This action is needed to protect the U.S. Naval vessels,
their crews and the public during a military out load evolution from
sabotage or other subversive acts, accidents, criminal actions or other
causes of a similar nature. Entry, transit or anchoring in this zone is
prohibited unless authorized by the Captain of the Port San Diego, or
his designated representative.

DATES: This rule is effective from 7 a.m. on June 25, 2008, to 7 p.m.
on June 28, 2008.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of Docket No. 2008-0569 and are available for
inspection or copying at Coast Guard Sector San Diego, 2710 N. Harbor
Drive, San Diego, CA 92101-1064 between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Eric Carroll,
Waterways Management, Coast Guard Sector San Diego, at telephone (619)
278-7268.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Based on the military function exception set forth in the
Administrative Procedure Act, 5 U.S.C. 553(a)(1), notice-and-comment
rulemaking and advance publication, pursuant to 5 U.S.C. 553(b) and
(d), are not required for this regulation. In addition, even if an NPRM
were otherwise required, under 5 U.S.C. 553(b)(B), the Coast Guard
finds that good cause exists for not publishing an NPRM. Under 5 U.S.C.
553(d)(3), the Coast Guard also finds that good cause exists for making
this regulation effective less than 30 days after publication in the
Federal Register. It would be contrary to public interest to delay the
effective date of this temporary rule.

Background and Purpose

    The U.S. Military Surface Deployment and Distribution Command
notified the Coast Guard concerning military out load operations at the
Port of San Diego's Tenth Avenue Marine Terminal for the dates given.
This temporary security zone is needed to protect the U.S. Naval
vessels and their crews for the duration of the evolution of military
out load operations.

Discussion of Rule

    The security zone generally consists of the navigable waters
surrounding the 10th Avenue Marine Terminal. The limits of this
security zone are more specifically defined as the area enclosed by the
following points: starting on shore at 32[deg]42'15'' N 117[deg]09'39''
W, then extending southwesterly to 32[deg]42'02'' N 117[deg]09'51'' W,
then southeasterly to 32[deg]41'43'' N 117[deg]09'25'' W, northeasterly
to shore at 32[deg]41'47'' N 117[deg]09'20'' W and then along the
shoreline to starting point.
    The security zone will be enforced by Coast Guard patrol craft and
San Diego Harbor Police as authorized by the Captain of the Port San
Diego (COTP). See 33 CFR 6.04-11, Assistance of other agencies. Persons
and vessels are prohibited from entering into or transiting through
this security zone unless authorized by the Captain of the Port, or his
designated representative.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    Due to National Security interests, the implementation of this
security zone is necessary for the protection of the United States and
its people. The size of the zone is the minimum necessary to provide
adequate protection for the U.S. Naval vessels, their crews, adjoining
areas and the public. Most of the entities likely to be affected are
pleasure craft engaged in recreational activities and sightseeing. Any
hardships experienced by persons or vessels are considered minimal
compared to the national interest in protecting U.S. Naval vessels,
their crews and the public.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.

    This rule will affect the following entities, some of which may be
small entities: The owners and operators of vessels intending to
transit or anchor in the portion of San Diego Bay south of Harbor
Island from 7 a.m. on June 25, 2008, to 7 p.m. on June 28, 2008.
However, these security zones will not have a significant economic
impact on a substantial number of small entities because these zones
are limited in scope and duration. In addition, the Coast Guard will
issue broadcast notice to mariners (BNM) alerts via VHF-FM marine
channel 16 before the security zone is enforced.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. If your
small business or organization is affected by this rule and you have
questions concerning its provisions or options for compliance, please
contact Chief Petty Officer Eric Carroll, Waterways Management, Sector
San Diego at<PHONE_NUMBER>.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Security Management Directive 5100.1, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded that there are
no factors in this case that would limit the use of a categorical
exclusion under section 2.B.2 of the Instruction. Therefore, this rule
is categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation because we are
establishing a security zone.
    A final ``Environmental Analysis Checklist'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for Part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195, 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Section 165.T11-063 is added to read as follows:

Section 165.T11-063  Security Zone; Waters Adjacent 10th Avenue Marine
Terminal, San Diego, CA

    (a) Location. The security zone consists of the navigable waters
surrounding the 10th Avenue Marine Terminal. The limits of this
security zone are more specifically defined as the area enclosed by the
following points: Starting on shore at 32[deg]42'15'' N 117[deg]09'39''
W, then extending southwesterly to 32[deg]42'02'' N 117[deg]09'51'' W,
then southeasterly to 32[deg]41'43'' N 117[deg]09'25'' W, northeasterly
to shore at 32[deg]41'47'' N 117[deg]09'20'' W and then along the
shoreline to starting point.
    (b) Effective period. This section will be in effect from 7 a.m. on
June 25, 2008, to 7 p.m. on June 28, 2008. If the need for the security
zone ends before the scheduled termination time, the Captain of the
Port San Diego will cease enforcement of this security zone and will
announce that fact via Broadcast Notice to Mariners.
    (c) Regulations. In accordance with the general regulations in
Sec.  165.33 of this part, entry into, transit through, or anchoring
within the security zone described in paragraph (a) of this section by
all vessels is prohibited, unless authorized by the Captain of the
Port, or his designated representative. All other general regulations
of Sec.  165.33 of this part apply in the security zone established by
this section.
    (d) Enforcement. All persons and vessels shall comply with the
instructions of the Coast Guard Captain of the Port or the designated
on-scene patrol personnel. Patrol personnel can be comprised of
commissioned, warrant, and petty officers of the Coast Guard onboard
Coast Guard, local, state, and federal law enforcement vessels. Upon
being hailed by U.S. Coast Guard patrol personnel by siren, radio,
flashing light, or other means, the operator of a vessel shall proceed
as directed. The U.S. Coast Guard may be assisted in the patrol and
enforcement of this security zone by the San Diego Harbor Police.

    Dated: June 18, 2008.
C.V. Strangfeld,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. E8-14613 Filed 6-26-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 85, Number 217 (Monday, November 9, 2020)]
[Notices]
[Page 71336]
[FR Doc No: 2020-24856]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD21-5-000]

Impact of Electric Vehicles on the Transmission System and
Wholesale Electricity Markets; Notice of Roundtable Discussion

    Take notice that the Chairman of the Federal Energy Regulatory
Commission (FERC or Commission) will convene a roundtable to discuss
the increased deployment of electric vehicles (EVs) and EV charging
infrastructure nationwide and their impact on and value to the FERC-
jurisdictional transmission system and wholesale electricity markets.
The purpose of this roundtable is to begin a conversation on the state
of EV deployment and identify some of the questions both the Commission
and the energy industry will need to address as deployment of EVs
increases. The Chairman will lead the roundtable discussion, and
Commissioners may participate.
    The roundtable will be held on December 3, 2020 from approximately
1:00 p.m. to 3:00 p.m. Eastern Time. The roundtable will be held
electronically over WebEx and broadcast on the Commission's website.
The roundtable will be open for the public to observe, and there is no
fee for attendance. A supplemental notice will be issued prior to the
roundtable with further details regarding the agenda and organization,
and any changes to the date and/or time of the roundtable. Information
on this roundtable will also be posted on the Calendar of Events on the
Commission's website, www.ferc.gov, prior to the event. The roundtable
event will not be transcribed.
    For more information about this roundtable, please contact Michael
Hill,<PHONE_NUMBER><EMAIL_ADDRESS>for technical questions or
Sarah McKinley,<PHONE_NUMBER><EMAIL_ADDRESS>for logistical
issues.

    Dated: October 30, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-24856 Filed 11-6-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 22, 2007 (Volume 72, Number 203)]
[Notices]
[Page 59525-59526]
[DOCID:fr22oc07-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12887-000]

BPUS Generation Development, LLC; Notice of Application Accepted
for Filing and Soliciting Motions To Intervene, Protests, and Comments

October 12, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12887-000.
    c. Date filed: July 30, 2007.
    d. Applicant: BPUS Generation Development, LLC.
    e. Name of Project: Point Marion Lock & Dam Hydroelectric Project.
    f. Location: Monongahela River in Fayette County, Pennsylvania. It
would use the U.S. Army Corps of Engineers' Point Marion Lock & Dam.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Jeffrey M. Auser, P.E., BPUS Generation
Development, LLC, 225 Greenfield Parkway, Suite 201, Liverpool, NY
13088,<PHONE_NUMBER>.
    i. FERC Contact: Robert Bell,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. Comments, protests, and interventions may be
filed electronically via the Internet in lieu of paper; see 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings. Please include the project number (P-12887-000) on
any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project using the U.S. Army
Corps of Engineers' Point Marion Lock & Dam and operated in a run-of-
river mode would consist of: (1) A new 200-foot long, 250-foot wide,
50-foot high concrete powerhouse; (2) a new intake waterway through the
fixed-crest weir of the dam; (3) a new 50-foot wide tailrace; (4) two
turbine/generator units with a combined installed capacity of 10.6
megawatts; (5) a new 11,500-foot above ground transmission line
extending from the switchyard near the powerhouse to an interconnection
point with an existing transmission southeast of the powerhouse on the
east side of the river; and (6) appurtenant facilities. The proposed
Point Marion Lock & Dam Project would have an average annual generation
of 46.4 gigawatt-hours.
    l. This filing is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's Web site at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket

number excluding the last three digits in the docket number field to
access the document. For assistance, call toll-free 1-866-208-3676 or
e-mail<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy
is also available for inspection and reproduction at the address in
item h above.
    m. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR 4.30
and 4.36.
    n. Competing Development Application--Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30 and 4.36.
    o. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    p. Proposed Scope of Studies Under Permit--A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    q. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210,
385.211, 385.214. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    r. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'',
``PROTEST'', and ``MOTION TO INTERVENE'', as applicable, and the
Project Number of the particular application to which the filing
refers. Any of the above-named documents must be filed by providing the
original and the number of copies provided by the Commission's
regulations to: The Secretary, Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426. An additional copy must be
sent to Director, Division of Hydropower Administration and Compliance,
Federal Energy Regulatory Commission, at the above-mentioned address. A
copy of any notice of intent, competing application or motion to
intervene must also be served upon each representative of the Applicant
specified in the particular application.

    s. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

 Kimberly D. Bose,
Secretary.
[FR Doc. E7-20711 Filed 10-19-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 154 (Thursday, August 11, 2022)]
[Notices]
[Pages 49599-49600]
[FR Doc No: 2022-17288]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2022-0259]

Safe Loading, Safe Powering and Flotation Compliance Guidance for
Electrically Powered Recreational Vessels Policy Letter

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability and request for comments.

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SUMMARY: The Coast Guard announces the online availability, of a new
Coast Guard policy that establishes regulatory compliance guidance for
recreational vessels less than 20 feet in length that use batteries to
power their primary propulsion. This document provides consistent
guidance for the design, inspection, and/or testing of recreational
vessels using batteries to power their primary propulsion. The policy
can be found at https://safeafloat.com/policies-letters/.

DATES: Comments must be submitted to the online docket via https://www.regulations.gov on or before November 9, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0259 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: For information about this document
call or email Mr. Kevin Ferrie, Coast Guard; telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION:

Public Participation and Comments

    We encourage you to submit comments (or related material) on the
draft guidance document in the docket. We will consider all submissions
and may adjust our final action based on your comments. If you submit a
comment, please include the docket number for this notice, indicate the
specific section of this document to which each comment applies, and
provide a reason for each suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice as being available in
the docket, and public comments, are in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. We review all comments received, but we may choose not to
post off-topic, inappropriate, or duplicate comments that we receive.
If you go to the online docket and sign up for email alerts, you will
be notified when comments are posted or a final document is published.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020).

Background and Purpose

    Advances in battery technology have enabled new possibilities in
boat power and propulsion systems. Currently, internal combustion
engines using lead-acid or absorbent glass mat (AGM) batteries comprise
the vast majority of recreational vessel propulsion installations.
However, recent advancements in the development of lithium-ion (Li-ion)
battery technology have made all-electric systems possible on some
recreational vessels. Li-ion batteries are becoming more cost-effective
and deliver one of the highest energy densities of any currently
available battery technology, making these batteries and electric
motors a viable alternative to internal combustion engines and
traditional lead acid and AGM batteries for powering recreational
vessels.
    Current regulations for safe loading, safe powering and flotation
in 33 CFR subchapter S were promulgated with the expectation that
internal combustion engines for propulsion would be used and did not
anticipate the use of batteries and electric motors for these
functions. As a result, further clarification is needed to determine
capacities required by 33 CFR subchapter S when internal combustion
engines are replaced with electric motors and large Li-ion battery
installations. The policy provides consistent guidance for the design,
inspection, and/or testing of recreational vessels using batteries to
power their primary propulsion.
    This notice is issued under authority of 5 U.S.C. 552(a).

    Dated: July 6, 2022.
Jeffrey A. Ludwig,
Chief, Recreational Boating Product Assurance Branch, United States
Coast Guard.
[FR Doc. 2022-17288 Filed 8-10-22; 8:45 am]
BILLING CODE 9110-04-P