[Federal Register: March 14, 2006 (Volume 71, Number 49)]
[Notices]
[Page 13200-13202]
[DOCID:fr14mr06-126]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53443; File No. SR-NYSE-2006-14]

Self-Regulatory Organizations; New York Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to the Establishment of a Trading License Fee for 2006 and the
Creation of Certain Other Fees for Trading License Holders

March 8, 2006.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 6, 2006, the New York Stock Exchange, Inc. (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule changes as described in Items I, II,
and III below, which items have been prepared by the NYSE. NYSE has
designated the proposed rule change as one establishing or changing a
due, fee, or other charge, pursuant to Section 19b(3)(A)(ii) of the Act
\3\ and Rule 19b-4(f)(2) thereunder,\4\4 which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to establish a trading license fee for 2006
to be implemented at the time of closing of its merger with Archipelago
Holdings, Inc. (``Archipelago''). In addition, the Exchange proposes to
create certain other fees for trading license holders, to eliminate
from the 2006 Exchange Price List references to fees that will no
longer be relevant after the merger, and to make three technical
changes to the 2006 Exchange Price List to clarify how certain fees
will be charged.
    The text of the proposed rule change is available on the Exchange's
Web site (http://www.nyse.com), at the Exchange's Office of the

Secretary, 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 NYSE has prepared summaries, set forth in Sections
A, B and C below, of the most significant aspects of such statements.

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

1. Purpose
    The NYSE is submitting this filing to establish a trading license
fee for 2006 to be implemented at the time of the Exchange's proposed
merger and to eliminate from the 2006 Exchange Price List references to
fees charged to Exchange members that will no longer be relevant after
the Exchange's proposed merger. The Exchange is also proposing the
following new fees: (i) A fee relating to the approval of any new
member or pre-qualified substitute; (ii) a badge maintenance fee; and
(iii) a license transfer fee. The Exchange is also making three
technical changes to the 2006 Exchange Price List to clarify how
certain fees will be charged after the merger.
    The Exchange is planning to consummate a merger with Archipelago,
as a result of which the businesses of the NYSE and Archipelago will be
held under a single, publicly traded holding company named NYSE Group,
Inc. (``NYSE Group''). Following the merger, the NYSE's current
businesses and assets will be held in three separate entities
affiliated with NYSE Group--New York Stock Exchange LLC (``NYSE LLC''),
NYSE Market, Inc. and NYSE Regulation, Inc. The Commission has approved
the Exchange's rule filing in connection with the merger \5\ and the
merger is scheduled to close on March 7, 2006.
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    \5\ See Securities Exchange Act Release No. 53382 (February 27,
2006) (SR-NYSE-2005-77).

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Trading License Fees
    Upon completion of the merger, all of the membership interests in
the Exchange will be exchanged for a combination of cash and common
stock of NYSE Group. NYSE LLC will be the successor to the Exchange's
status as a self-regulatory organization (``SRO''). After the merger,
the right to transact business on the floor of the Exchange will be
acquired by purchasing a trading license from the Exchange. Each
trading license will provide to the license holder identical trading
floor access rights to those previously held by a member of the
Exchange. Starting with calendar year 2007, the Exchange will sell
trading licenses in an annual modified ``Dutch'' auction under new NYSE
Rule 300. However, to facilitate the distribution of trading licenses
so that licensees could transact business immediately after the merger,
an initial trading license auction was held on January 3, 2006. While
NYSE Rule 300 will not be effective until after the merger, the 2006
trading license auction was conducted under the same modified ``Dutch''
auction procedures established by NYSE Rule 300 for auctions in future
years, subject to the modifications set out in new NYSE Rule 300T.\6\
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    \6\ New Rule 300T modified the auction provisions of NYSE Rule
300 in the following respects for the 2006 auction:
    (A) The Minimum Bid Price was eighty percent (80%) of the
Reference Price (as hereinafter defined), and there was also imposed
a ``Maximum Bid Price'' of one hundred twenty percent (120%) of the
Reference Price. The term ``Reference Price'' means the average
annual lease price for leases (including renewal leases) which
leases (or renewals) commenced during the six-month period ending on
the last business day of the last calendar month ending at least
thirty days before the opening of the auction. In addition, in
determining the Auction Price, the Clearing Price is reduced by
multiplying it by a fraction the numerator of which is the number of
months for which the license shall be issued and the denominator of
which is twelve (12).
    (B) The number of trading licenses that could be acquired by a
single member organization was limited to a number that was the
greater of: (i) 35, and (ii) 125% of the number of regular and
electronic access Exchange memberships utilized by the member
organization in its business immediately prior to the merger.
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    The auction produced 1,274 successful bids for trading licenses at
an annual price of $49,290 each. Assuming the merger closes on March 7,
2006, as scheduled, the actual price payable for 2006 trading licenses
will be $40,147.50, representing a pro-ration of the annual fee to
reflect the amount of time remaining in the year at the time of the
closing of the merger. Subject to the maximum number allowable of 1,366
licenses, the Exchange will sell additional trading licenses during the
remainder of 2006 at an annual rate of $54,219 (i.e., 110% of the
$49,290 annual fee set in the 2006 auction) pro-rated to reflect the
amount of time remaining in the year at the time of the commencement of
the license.
    New NYSE Rule 300 provides that: (i) Trading license holders must
pay the annual fee in equal monthly installments in advance over the
period during which the trading license is in effect, and (ii) prior to
the commencement of the trading license, the holder shall pay to the
Exchange the first monthly installment of the trading license fee, plus
a cash deposit equal to one month's installment of the trading license
fee. As the trading license fee applicable to calendar 2006 could not
be determined until the merger closing date was known with specificity,
the Exchange was unable to bill trading license holders their initial
installment in advance. Therefore, the Exchange will send trading
license holders a bill in early April 2006 for: (i) The period from the
closing of the merger until March 31, 2006; (ii) the month of April
2006; and (iii) a one-month deposit which will be applied to payment
for the month of December 2006 or to the one-month fee payable upon
early termination of the trading license, if applicable. Bills are
payable on receipt.
Fee for Approval of New Member or Pre-qualified Substitute or of
Existing Member or Pre-qualified Substitute Upon Transfer to a
Different Member Organization
    The Exchange proposes to charge a fee of $1,000 for the approval of
new members. This fee will not apply to current Exchange members who
continue approved for trading floor access after the merger. From and
after the merger, however, the fee will be billed to the new employer
of: (i) Any new member or pre-qualified substitute not transferring
from another member organization; (ii) any approved member who changes
employment and continues as a member with another trading license
holder; or (iii) any pre-qualified substitute who changes employment
and continues as a pre-qualified substitute with another trading
license holder. This fee reflects the costs to the Exchange of
processing such new memberships or transfers, including checking that
the member organization has a license for its new employee or approving
the purchase of a license, ensuring that the member is not subject to
any regulatory restriction, checking that the member's new employer has
put in place the required financial guarantee, and issuing or resetting
the member's badge and handheld. Under the Exchange rules existing
prior to the merger, the Exchange charges a fee (currently $5,000 \7\)
(``Transfer Fee'') for the transfer of a membership, including a
transfer between two employees of the same member organization. As
such, the processing fee associated with the hiring of new member or
pre-qualified substitute employees by a member organization will be
reduced from $5,000 to $1,000 after the merger.

    \7\ Transfer fees for purchased and leased memberships equal 5%
of the purchase price or last contracted sale of a membership,
subject to minimum and maximum fees of $1,000 and $5,000
respectively. As membership prices currently exceed $1,000,000, the
current initiation fee is the $5,000 maximum.
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Badge Maintenance Fee
    The Exchange proposes to charge a $250 badge maintenance fee, to be
charged annually to member organizations with respect to each active
member and each pre-qualified substitute. The fee will cover the
Exchange's costs in maintaining the technological infrastructure
supporting the badge system and updating system data as personnel
commence and leave employment on the trading floor.

Trading License Transfer Fee
    The Exchange proposes to charge a trading license transfer fee of
$1,000, to be charged when an existing trading license is to be
transferred to a permitted transferee. Permitted transfers of trading
licenses pursuant to new NYSE Rule 300(a) are limited to transfers to a
qualified and approved member organization: (i) Which is an affiliate,
or (ii) which continues substantially the same business of such trading
license holder without regard to the form of the transaction used to
achieve such continuation, e.g., merger, sale of substantially all
assets, reincorporation, reorganization or the like. This fee will be
applied separately to each individual license transferred. The trading
license transfer fee reflects the processing costs incurred by the
Exchange in effectuating a permitted transfer, including the re-
registration of employee members with the new member organization and
the closing down of the old billing account and opening of one in the
new member organization's name. Prior to the merger, any transfer of an
Exchange membership is subject to the $5,000 Transfer Fee described
above. As a transfer of a trading license after the merger is
equivalent to the transfer of a membership before the merger, the
Exchange is effectively reducing the fee charged upon the occurrence of
a permitted transfer from $5,000 to $1,000 after the merger.

Technical Changes to Price List
    The Exchange proposes to make three clarifying changes to the 2006
Exchange Price List to clarify that: (i) The annual aggregate
regulatory fee of $16,000,000 to be allocated among specialist firms
will be based on the number of trading licenses held by each specialist
firm; (ii) the annual regulatory fee of $11,000 charged to non-
specialist members will be charged on a per trading license basis; and
(iii) the $180 minimum regulatory fee currently charged to members who
do not conduct a public business will be charged after the merger to
member organizations.
Deletion of Fees Charged to Members
    The 2006 Exchange Price List contains references to fees charged to
members, physical access members and electronic access members. As the
concept of Exchange membership as a means of acquiring the right to
conduct business on the trading floor will be superseded by the
issuance of trading licenses upon completion of the merger, these fees
will have no continued relevance. Therefore, the Exchange is deleting
all references to them from the 2006 Exchange Price List.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b)(4) of the Act,\8\ which requires that an Exchange
have rules that provide an equitable allocation of reasonable dues,
fees, and other charges among its members and other persons using its
facilities.
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    \8\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    Written comments were neither solicited nor received on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) \9\ of the Act and subparagraph (f)(2) \10\ thereunder
because it establishes or changes a due, fee, or other charge. 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.
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    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send e-mail to<EMAIL_ADDRESS>Please include File

Number SR-NYSE-2006-14 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2006-14. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro/shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing will also be available for inspection and copying at the
principal office of the NYSE. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSE-2006-14 and should be submitted by April 4, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
 [FR Doc. E6-3574 Filed 3-13-06; 8:45 am]

BILLING CODE 8010-01-P


Dave Svendsgaard 08/ 26/ 2003 11: 01 PM To: Amy_ L._ Farrell@ omb. eop. gov, Arthur_ G._ Fraas@ omb. eop. gov cc: Bill Harnett/ RTP/ USEPA/ US@ EPA, Bill Wehrum/ DC/ USEPA/ US@ EPA, Jeff Holmstead/ DC/ USEPA/ US@ EPA, Lynn Hutchinson/ RTP/ USEPA/ US@ EPA, Racqueline Shelton/ RTP/ USEPA/ US@ EPA, bharnett@ mindspring. com, ( bcc: Pam Long/ RTP/ USEPA/ US) Subject: 8/ 27 Version of ERP Preamble and Rule Amy and Art, Attached are the revised Rule and Preamble files for the ERP and corresponding redline versions. The redlined versions are compared against the 8/ 22 versions. Have a nice evening.

dave Positions or views expressed do not represent official EPA policy or guidance and are CONFIDENTIAL.


[Federal Register: December 26, 2007 (Volume 72, Number 246)]
[Proposed Rules]
[Page 72978-72981]
[DOCID:fr26de07-29]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R07-OAR-2007-1143; FRL-8510-7]

Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Kansas; Clean Air Mercury Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve the State Plan submitted by Kansas
on June 19, 2007. The plan addresses the requirements of EPA's Clean
Air Mercury Rule (CAMR), promulgated on May 18, 2005, and subsequently
revised on June 9, 2006. EPA is proposing to determine that the
submitted State Plan fully meets the CAMR requirements for Kansas.
    CAMR requires States to regulate emissions of mercury (Hg) from
large coal-fired electric generating units (EGUs). CAMR establishes
State budgets for annual EGU Hg emissions and requires States to submit
State Plans to ensure that annual EGU Hg emissions will not exceed the
applicable State budget. States have the flexibility to choose which
control measures to adopt to achieve the budgets, including

participating in the EPA-administered CAMR cap-and-trade program. In
the State Plan that EPA is proposing to approve, Kansas would meet CAMR
requirements by participating in the EPA trading program.

DATES: Comments must be received on or before January 25, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2007-1143, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for

submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Mail: Michael Jay, Environmental Protection Agency, Air Planning
and Development Branch, 901 North 5th Street, Kansas City, Kansas
66101.
    4. Hand Delivery or Courier: Deliver your comments to Michael Jay,
Environmental Protection Agency, 901 North 5th Street, Kansas City,
Kansas 66101. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8 a.m. to 4:30 p.m.,
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2007-1143. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through http://www.regulations.gov or e-

mail, information that you consider to be CBI or otherwise protected.
The http://www.regulations.gov Web site is an ``anonymous access'' system,

which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov,

your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters and any form of
encryption and should be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or

in hard copy at the Environmental Protection Agency, Air Planning and
Development Branch, 901 North 5th Street, Kansas City, Kansas 66101.
EPA requests that if at all possible, you contact the person 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 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Michael Jay at<PHONE_NUMBER> or by e-
mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. What Action Is EPA Proposing To Take?
II. What Is the Regulatory History of CAMR?
III. What Are the General Requirements of CAMR State Plans?
IV. How Can States Comply With CAMR?
V. Analysis of Kansas's CAMR State Plan Submittal
    A. State Budgets
    B. CAMR State Plan
VI. Statutory and Executive Order Reviews

I. What Action Is EPA Proposing To Take?

    EPA is proposing to approve Kansas's State Plan, submitted on June
19, 2007. In its State Plan, Kansas would meet CAMR by requiring
certain coal-fired EGUs to participate in the EPA-administered cap-and-
trade program addressing Hg emissions. EPA is proposing to determine
that the State Plan meets the applicable requirements of CAMR. Kansas
has included as part of its submittal Kansas rule K.A.R. 28-19-720,
relating to new source performance standards. EPA will take action on
those provisions in a separate rulemaking.

II. What Is the Regulatory History of CAMR?

    CAMR was published by EPA on May 18, 2005 (70 FR 28606, ``Standards
of Performance for New and Existing Stationary Sources: Electric
Utility Steam Generating Units; Final Rule''). In this rule, acting
pursuant to its authority under section 111(d) of the Clean Air Act
(CAA), 42 U.S.C. 7411(d), EPA required that all States and the District
of Columbia (all of which are referred to herein as States) meet
Statewide annual budgets limiting Hg emissions from coal-fired EGUs (as
defined in 40 CFR 60.24(h)(8)) under CAA section 111(d). EPA required
all States to submit State Plans with control measures that ensure that
total, annual Hg emissions from the coal-fired EGUs located in the
respective States do not exceed the applicable statewide annual EGU
mercury budget. Under CAMR, States may implement and enforce these
reduction requirements by participating in the EPA-administered cap-
and-trade program or by adopting any other effective and enforceable
control measures.
    CAA section 111(d) requires States, and along with CAA section
301(d) and the Tribal Air Rule (40 CFR part 49), allows Tribes granted
treatment as States (TAS), to submit State Plans to EPA that implement
and enforce the standards of performance. CAMR explains what must be
included in State Plans to address the requirements of CAA section
111(d). The State Plans were due to EPA by November 17, 2006. Under 40
CFR 60.27(b), the EPA proposes, and subsequently approves or
disapproves, the State Plans.

III. What Are the General Requirements of CAMR State Plans?

    CAMR establishes Statewide annual EGU Hg emission budgets and is to
be implemented in two phases. The first phase of reductions starts in
2010 and continues through 2017. The second phase of reductions starts
in 2018 and continues thereafter. CAMR requires States to implement the
budgets by either: (1) requiring coal-fired EGUs to participate in the
EPA-administered cap-and-trade program; or (2) adopting other coal-
fired EGU control measures of the respective State's choosing and
demonstrating that such control measures will result in compliance with
the applicable State annual EGU Hg budget.
    Each State Plan must require coal-fired EGUs to comply with the
monitoring, recordkeeping, and reporting provisions of 40 CFR part 75
concerning Hg mass emissions. Each State Plan must also show that the
State has the legal authority to adopt emission standards and
compliance schedules necessary for attainment and maintenance of the
State's annual EGU Hg budget and to require the owners and operators of
coal-fired EGUs in the State to meet the monitoring,

recordkeeping, and reporting requirements of 40 CFR part 75.

IV. How Can States Comply With CAMR?

    Each State Plan must impose control requirements that the State
demonstrates will limit Statewide annual Hg emissions from new and
existing coal-fired EGUs to the amount of the State's applicable annual
EGU Hg budget. States have the flexibility to choose the type of EGU
control measures they will use to meet the requirements of CAMR. EPA
anticipates that many States will choose to meet the CAMR requirements
by selecting an option that requires EGUs to participate in the EPA-
administered CAMR cap-and-trade program. EPA also anticipates that many
States may choose to control Statewide annual Hg emissions for new and
existing coal-fired EGUs through an alternative mechanism other than
the EPA-administered CAMR cap-and-trade program. Each State that
chooses an alternative mechanism must include with its plan a
demonstration that the State Plan will ensure that the State will meet
its assigned State annual EGU Hg emission budget.
    A State submitting a State Plan that requires coal-fired EGUs to
participate in the EPA-administered CAMR cap-and-trade program may
either adopt regulations that are substantively identical to the EPA
model Hg trading rule (40 CFR part 60, subpart HHHH) or incorporate by
reference the model rule. CAMR provides that States may only make
limited changes from the model rule if the States want to participate
in the EPA-administered trading program. A State Plan may deviate from
the model rule only by altering the allowance allocation provisions to
provide for State-specific allocation of Hg allowances using a
methodology chosen by the State. A State's alternative allowance
allocation provisions must meet certain allocation timing requirements
and must ensure that total allocations for each calendar year will not
exceed the State's annual EGU Hg budget for that year.

V. Analysis of Kansas's CAMR State Plan Submittal

A. State Budgets

    In this action, EPA is proposing to approve Kansas's State Plan
that adopts the annual EGU Hg budgets established for the State in
CAMR, i.e., 0.723 tons for EGU Hg emissions in 2010-2017 and 0.285 tons
for EGU Hg emissions in 2018 and thereafter. Kansas's State Plan sets
these budgets as the total amount of allowances available for
allocation for each year under the EPA-administered CAMR cap-and-trade
program.

B. CAMR State Plan

    The Kansas State Plan requires coal-fired EGUs to participate in
the EPA-administered CAMR cap-and-trade program. The State Plan
incorporates by reference the EPA model Hg trading rule but has adopted
an alternative allowance allocation methodology. Under the Hg allowance
allocation methodology in the model rule, Hg allowances are allocated
to units that have operated for 5 years, based on heat input data from
a 3-year period that are adjusted for coal rank by using coal factors
of 3.0 for the lignite combusted by the unit, 1.25 for the
subbituminous combusted by the unit, and 1 for other coal ranks
combusted by the unit. The model rule also provides a new unit set-
aside from which units without 5 years of operation are allocated
allowances based on the units' prior year emissions.
    States may establish in their State Plan submissions a different Hg
allowance allocation methodology that will be used to allocate
allowances to sources in the States if certain requirements are met
concerning the timing of submission of units' allocations to the
Administrator for recordation and the total amount of allowances
allocated for each control period. In adopting alternative Hg allowance
allocation methodologies, States have flexibility with regard to:
    1. The cost to recipients of the allowances, which may be
distributed for free or auctioned;
    2. The frequency of allocations;
    3. The basis for allocating allowances, which may be distributed,
for example, based on historical heat input or electric and thermal
output; and
    4. The use of allowance set-asides and, if used, their size.
    In Kansas's alternative allowance methodology, as authorized by the
CAMR, Kansas has deviated from the portion of the model rule described
above relating to the basis for allocating allowances to new units and
existing units. For existing units, 97 percent of the total annual
allowances are distributed based on the individual unit's pro-rata
share of total heat input for all existing units, adjusted by coal
type, for the years 2000 through 2004. The baseline for each unit was
established by averaging the three highest annual adjusted heat input
rates for the five-year period. For new units, allowances will be
distributed from a set-aside pool of allowances equal to 3 percent of
the State's budget for each year of the program. The new unit
methodology distributes allowances based on an emission rate (up to 5
ounces of Hg/MW for 2010-2017 and up to 2 ounces of Hg/MW in 2018 and
thereafter) multiplied by the nameplate capacity. However, no single
unit can receive more than one-third of the set-aside in a control
period nor can the total number of new units receive more than the 3
percent set-aside pool of allowances. Mercury allowances for new and
existing units are permanent. Because allocations are considered
permanent, if the new unit set-aside is fully subscribed as new units
make requests for allowances, there may be future new units that are
not allocated allowances from the new unit set-aside. There are also
provisions for distribution of allowances in the new unit set-aside for
the case of undersubscription. The Kansas allowance distribution
methodologies are acceptable under CAMR.
    Kansas's State Plan requires coal-fired EGUs to comply with the
monitoring, recordkeeping, and reporting provisions of 40 CFR part 75
concerning Hg mass emissions. Kansas's State Plan also demonstrates
that the State has the legal authority to adopt emission standards and
compliance schedules necessary for attainment and maintenance of the
State's annual EGU Hg budget and to require the owners and operators of
coal-fired EGUs in the State to meet the monitoring, recordkeeping, and
reporting requirements of 40 CFR part 75. The State cites provisions in
Kansas State Law, K.S.A. 65-3005, as containing the legal authority for
the Kansas Department of Health and Environment to adopt the State's
rule that allows for Kansas's participation in the nationwide cap-and-
trade program for mercury.
    EPA's review of Kansas's State Plan has found that it meets the
requirements of CAMR. As a result, EPA is proposing to approve Kansas's
State Plan.

VI. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely proposes to approve State law as meeting Federal requirements
and would impose no additional requirements beyond those imposed by
State law. Accordingly, the Administrator certifies that this proposed
rule would not have a

significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this action proposes to approve pre-existing requirements under State
law and would not impose any additional enforceable duty beyond that
required by State law, it 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).
    This proposal also does not have Tribal implications because it
would 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, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000).
    This proposed action also does not have Federalism implications
because it would not have substantial direct effects 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, as specified in Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely proposes to approve a State rule
implementing a Federal standard. It does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This proposed rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it proposes to approve a
State rule implementing a Federal standard.
    Executive Order 12898, ``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations,'' requires
Federal agencies to consider the impact of programs, policies, and
activities on minority populations and low-income populations. EPA
guidance \1\ states that EPA is to assess whether minority or low-
income populations face risk or a rate of exposure to hazards that is
significant and that ``appreciably exceed[s] or is likely to
appreciably exceed the risk or rate to the general population or to the
appropriate comparison group.'' (EPA, 1998) Because this rule merely
proposes to approve a state rule implementing the Federal standard
established by CAMR, EPA lacks the discretionary authority to modify
today's regulatory decision on the basis of environmental justice
considerations. However, EPA has already considered the impact of CAMR,
including this Federal standard, on minority and low-income
populations. In the context of EPA's CAMR published in the Federal
Register on May 18, 2005, in accordance with Executive Order 12898, the
Agency has considered whether CAMR may have disproportionate negative
impacts on minority or low-income populations and determined it would
not.
---------------------------------------------------------------------------

    \1\ U.S. Environmental Protection Agency, 1998. Guidance for
Incorporating Environmental Justice Concerns in EPA's NEPA
Compliance Analyses. Office of Federal Activities, Washington, DC,
April, 1998.
---------------------------------------------------------------------------

    In reviewing State Plan submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a State Plan for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a State Plan
submission, to use VCS in place of a State Plan submission that
otherwise satisfies the provisions of the CAA. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule would
not impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.).

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Electric
utilities, Intergovernmental relations, Mercury, Reporting and
recordkeeping requirements.

    Dated: December 14, 2007.
John B. Askew,
Regional Administrator, Region 7.
[FR Doc. E7-24967 Filed 12-21-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 176 (Monday, September 12, 2011)]
[Notices]
[Pages 56246-56248]
[FR Doc No: 2011-23171]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65268; File No. SR-CHX-2011-25]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Alter Cancellation Fee

September 6, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 25, 2011, the Chicago Stock Exchange, Inc. (``CHX'' or
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. CHX has
filed the proposal pursuant to Section 19(b)(3)(A) of the Act \3\ and
Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal 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).
    \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 CHX proposes to amend its Schedule of Fees and Assessments (the
``Fee Schedule''), effective September 1, 2011, relating to its order
cancellation fee for Participants entering and subsequently cancelling
orders under certain circumstances. The text of this proposed rule
change is available on the Exchange's Web site at http://www.chx.com/rules/proposed_rules.htm and in the Commission's Public Reference
Room, 100 F Street, NE., Washington, DC 20549.

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 CHX included statements
concerning the purpose of and basis for the proposed rule changes and
discussed any comments it received regarding the proposal. The text of
these statements may be examined at the places specified in Item IV
below. The CHX has prepared summaries, set forth in sections A, B and C
below, of the most significant aspects of such statements.

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

1. Purpose
    Through this filing, the Exchange proposes to amend its Fee
Schedule, effective September 1, 2011, to make changes to its existing
order cancellation fee. This fee change is being proposed to recoup
some of the costs of administering and processing large numbers of
cancelled orders while fairly allocating costs among Participants
according to system use.
    Beginning in January 2010, the Exchange's Fee Schedule imposed a
charge for order cancellations submitted by Participants whose orders
rarely are at or near the National Best Bid or Offering (``NBBO'').\5\
The purpose of the order cancellation fee was to incent Participants to
submit orders which are close to the NBBO (and are therefore more
likely to be executed) or compensate the Exchange for the systems and
operational costs and burdens associated with handling and recording
orders which rarely execute. After the imposition of the order
cancellation fee, however, the Exchange observed that the number of
unexecuted and displayed orders had actually increased for certain
Participants. In order to avoid application of the cancellation fee,
certain Participants were submitting Quotable orders (i.e., those
within 2 cents of the NBBO) to the CHX's Matching System, but for an
extremely short duration (e.g., 20 milliseconds). The Exchange observed
that those firms entering the limited durational orders conducted much
of their business on our trading facilities in Exchange Traded Funds
(``ETFs''), Exchange Traded Notes (``ETNs'') or Exchange Traded
Vehicles (``ETVs''), collectively referred to as Exchange Traded
Products (``ETPs''). Therefore, in August, 2010 the Exchange amended
its order cancellation fee to exempt ETPs.\6\
---------------------------------------------------------------------------

    \5\ See, SR-CHX-2010-02, Exchange Act. Rel. No. 34-61392
(January 21, 2010), 75 FR 4436 (Jan. 27, 2010).
    \6\ See, SR-CHX-2010-19, Exchange Act. Rel. No. 34-62642 (August
4, 2010), 75 FR 48404 (August 10, 2010).
---------------------------------------------------------------------------

    Since the imposition of the order cancellation fee, and subsequent
exemption of ETPs, the Exchange has observed that certain Participants
have found a number of methods for avoiding the application of the
order cancellation fee. For example, certain Participants submit
Quotable orders to the CHX's Matching System in non-ETPs, but for an
extremely short duration. In other cases, Participants submit a large
number of Quotable orders in very thinly traded securities prior to the
end of the month. These and other methods utilized affect the
calculated ratio for a given Participant and therefore the
applicability of the order cancellation fee but rarely result in
executions.
    In order to recoup some of the costs of administering and
processing large numbers of cancelled orders, the Exchange is proposing
to alter the methodology it uses in determining whether the order
cancellation fee would be imposed upon a given Participant.
    In determining whether the order cancellation fee would be imposed
upon a given Participant, the Exchange would utilize a formula,
calculated on a daily basis, that divides the Participant's total
cancelled volume in a given issue (``cvissue'') by the Participant's
total executed volume in that issue (``exvissue''). In those instances
where a Participant's daily statistic in a given issue exceeds 30, the
Exchange would impose an order cancellation fee of $.30 on each
cancellation in that issue for that day. The Exchange proposes to
calculate and impose order cancellation fees by Participant, by issue,
by day, and bill such fees on a monthly basis. The Exchange believes
that this methodology is less subject to manipulation and will allow
the Exchange to recoup some of the costs of administering and
processing large numbers of cancelled orders while fairly allocating
costs among Participants according to system use.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \7\ in general, and furthers the
objectives of Section 6(b)(4) of the Act \8\ in particular, 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 believes
that amendments to the order cancellation fee described herein should
help to recoup some of the costs of administering and processing large
numbers of cancelled orders while fairly allocating costs among
Participants according to system use. Furthermore, these changes to the
Fee Schedule would equitably allocate reasonable fees among
Participants in a non-discriminatory manner by properly imposing fees
on those Participants which excessively enter and subsequently cancel
orders while not imposing fees on Participants that do not engage in
this resource draining behavior.
---------------------------------------------------------------------------

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

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

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

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

    No written comments were solicited or received.

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

    The proposed rule change is to take effect pursuant to Section
19(b)(3)(A)(ii) of the Act \9\ and subparagraph (f)(2) of Rule 19b-4
thereunder \10\ because it establishes or changes a due, fee or other
charge applicable to the Exchange's members and non-members, which
renders the proposed rule change effective upon filing.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CHX-2011-25 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CHX-2011-25. This file

number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro/shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing will also be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-CHX-2011-25 and should be
submitted on or before October 3, 2011.

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

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

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-23171 Filed 9-9-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 143 (Tuesday, July 26, 2016)]
[Notices]
[Pages 48781-48782]
[FR Doc No: 2016-17521]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13212-005]

Kenai Hydro, LLC; Notice of Application Accepted for Filing and
Soliciting Motions To Intervene and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Application for Original License for Major
Project -- Unconstructed.
    b. Project No.: P-13212-005.
    c. Date filed: April 18, 2016.
    d. Applicant: Kenia Hydro, LLC.
    e. Name of Project: Grant Lake Hydroelectric Project.
    f. Location: On Grant Creek, near the Town of Moose Pass, Kenai
Peninsula

Borough, Alaska. The proposed project would occupy 1,741.3 acres of
federal land within the Chugach National Forest managed by the U.S.
Forest Service.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Mikel Salzetti, Manager of Fuel Supply &
Renewable Energy Development, 280 Airport Way, Kenai, AK 99611. (907)
283-2375.
    i. FERC Contact: Kenneth Hogan,<PHONE_NUMBER>;
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests and
requests for cooperating agency status: 60 days from the issuance date
of this notice.
    The Commission strongly encourages electronic filing. Please file
filing motions to intervene and protests and requests for cooperating
agency status using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>(866) 208-3676 (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, please
send a paper copy to: Secretary, Federal Energy Regulatory Commission,
888 First Street NE., Washington, DC 20426. The first page of any
filing should include docket number P-13212-005.
    The Commission's Rules of Practice and Procedures require all
intervenors filing documents with the Commission to serve a copy of
that document on each person on 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. This application has been accepted for filing, but is not ready
for environmental analysis at this time.
    l. The proposed Grant Lake Hydroelectric Project would consist of:
(1) An intake structure within Grant Lake; (2) a 3,300-foot-long water
conveyance; (3) a 72-inch-diameter, 150-feet-long, welded steel
penstock; (4) a power house containing two 2.5 megawatt Francis
turbine/generator units; (5) a 95-foot-long open channel tailrace; (6)
a 3.6-acre tailrace detention pond; (6) a 1.1-mile-long, 115-kilovolt
transmission line; and (7) appurtenant facilities. The project is
estimated to generate an average of 18,600 megawatt hours (MWh)
annually.
    m. A copy of the application 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, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Any qualified applicant desiring to file a competing application
must submit to the Commission, on or before the specified intervention
deadline date, a competing development application, or a notice of
intent to file such an application. Submission of a timely notice of
intent allows an interested person to file the competing development
application no later than 120 days after the specified intervention
deadline date. Applications for preliminary permits will not be
accepted in response to this notice.
    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 a development application. A
notice of intent must be served on the applicant(s) named in this
public notice.
    Anyone may submit a protest or a motion to intervene in accordance
with the requirements of Rules of Practice and Procedure, 18 CFR
385.210, 385.211, and 385.214. In determining the appropriate action to
take, the Commission will consider all protests 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 protests or motions to
intervene must be received on or before the specified deadline date for
the particular application.
    When the application is ready for environmental analysis, the
Commission will issue a public notice requesting comments,
recommendations, terms and conditions, or prescriptions.
    All filings must (1) bear in all capital letters the title
``PROTEST'' or ``MOTION TO INTERVENE,'' ``NOTICE OF INTENT TO FILE
COMPETING APPLICATION,'' or ``COMPETING APPLICATION;'' (2) set forth in
the heading the name of the applicant and the project number of the
application to which the filing responds; (3) furnish the name,
address, and telephone number of the person protesting or intervening;
and (4) otherwise comply with the requirements of 18 CFR 385.2001
through 385.2005. Agencies may obtain copies of the application
directly from the applicant. A copy of any protest or motion to
intervene must be served upon each representative of the applicant
specified in the particular application.

    Dated: July 19, 2016.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2016-17521 Filed 7-25-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Notices]
[Page 69957]
[FR Doc No: 2015-28632]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC15-209-000.
    Applicants: CPV Sentinel, LLC.
    Description: Clarification to September 23, 2015 Application for
Authorization Under Section 203 of the Federal Power Act and Request
for Expedited Action and Shortened Comment Period of CPV Sentinel, LLC.
    Filed Date: 11/3/15.
    Accession Number: 20151103-5229.
    Comments Due: 5 p.m. ET 11/13/15.

    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Numbers: EG16-16-000.
    Applicants: OCI Alamo 6 LLC.
    Description: OCI Alamo 6 LLC Self-Certification of EWG Status.
    Filed Date: 11/4/15.
    Accession Number: 20151104-5096.
    Comments Due: 5 p.m. ET 11/25/15.

    Docket Numbers: EG16-17-000.
    Applicants: OCI Alamo 7 LLC.
    Description: OCI Alamo 7 LLC Self-Certification of EWG.
    Filed Date: 11/4/15.
    Accession Number: 20151104-5099.
    Comments Due: 5 p.m. ET 11/25/15.

    Docket Numbers: EG16-18-000.
    Applicants: OCI Solar TRE LLC.
    Description: OCI Solar TRE LLC Notice Self-Certification of EWG.
    Filed Date: 11/4/15.
    Accession Number: 20151104-5100.
    Comments Due: 5 p.m. ET 11/25/15.

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

    Docket Numbers: ER15-2668-000.
    Applicants: Land of the Sky MT, LLC.
    Description: Supplement to September 17, 2015 Land of the Sky MT,
LLC tariff filing.
    Filed Date: 11/2/15.
    Accession Number: 20151102-5300.
    Comments Due: 5 p.m. ET 11/12/15.

    Docket Numbers: ER16-121-000; EL16-6-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Errata to the EL16-6-000 Filing to Correct the
Proposed Effective Date to 6/1/16 to be effective 6/1/2016.
    Filed Date: 10/30/15.
    Accession Number: 20151030-5391.
    Comments Due: 5 p.m. ET 11/9/15.

    Docket Numbers: ER16-259-000.
    Applicants: C.P. Crane LLC.
    Description: Initial rate filing: Reactive Rate Schedule FERC No. 2
to be effective 1/3/2016.
    Filed Date: 11/4/15.
    Accession Number: 20151104-5122.
    Comments Due: 5 p.m. ET 11/25/15.

    Docket Numbers: ER16-260-000.
    Applicants: DTE East China, LLC.
    Description: Tariff Cancellation: Cancellation of East China Tariff
No 4 and 5 to be effective 11/4/2015.
    Filed Date: 11/4/15.
    Accession Number: 20151104-5126.
    Comments Due: 5 p.m. ET 11/25/15.

    Docket Numbers: ER16-261-000.
    Applicants: PJM Interconnection, L.L.C., Commonwealth Edison
Company.
    Description: Sec.  205(d) Rate Filing: ComEd submits Attach. M-2 to
incorporate provisions being removed in Attach. W to be effective 1/4/
2016.
    Filed Date: 11/4/15.
    Accession Number: 20151104-5128.
    Comments Due: 5 p.m. ET 11/25/15.

    Docket Numbers: ER16-262-000.
    Applicants: Uniper Global Commodities North America LLC.
    Description: Sec.  205(d) Rate Filing: 2016 normal to be effective
1/1/2016.
    Filed Date: 11/4/15.
    Accession Number: 20151104-5144.
    Comments Due: 5 p.m. ET 11/25/15.

    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: November 4, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-28632 Filed 11-10-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: February 11, 2008 (Volume 73, Number 28)]
[Notices]
[Page 7729-7730]
[DOCID:fr11fe08-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12948-000]

Clementine Dam Hydro, LLC; Notice of Application Accepted for
Filing and Soliciting Motions To Intervene, Protests, and Comments

February 4, 2008.
    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.: 12948-000.
    c. Date filed: August 8, 2007.
    d. Applicant: Clementine Dam Hydro, LLC.
    e. Name of Project: Clementine Dam Hydroelectric Project.
    f. Location: American River in Placer County, California. It would
use the U.S. Army Corps of Engineers' Clementine Dam.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Brent L. Smith, COO, Symbiotics, LLC,
P.O. Box 535, Rigby, ID 83442,<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:
Kimberly D. Bose, 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-12948-000) 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' Clementine Dam and operated in a run-of-river mode
would consist of: (1) A new 250-foot-long, 240-inch-diameter steel
penstock; (2) a new powerhouse and switchyard; (3) one turbine/
generator unit with an installed capacity of 3 megawatt; (4) a new 22-
mile-long above ground 15-kilovolt transmission line extending from the
switchyard to an interconnection point with the local utility's
distribution system; and (5) appurtenant facilities. The proposed
Clementine Dam Project would have an average annual generation of 16
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, .211,
.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. E8-2418 Filed 2-8-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 137 (Wednesday, July 21, 2021)]
[Notices]
[Pages 38471-38472]
[FR Doc No: 2021-15482]

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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: ER10-2564-011; ER10-2289-011; ER10-2600-011.
    Applicants: Tucson Electric Power Company, UNS Electric, Inc.,
UniSource Energy Development Company.
    Description: Supplement to June 21, 2021 Notice of Non-Material
Change in Status of Tucson Electric Power Company, et al.
    Filed Date: 7/9/21.
    Accession Number: 20210709-5165.
    Comments Due: 5 p.m. ET 7/30/21.

    Docket Numbers: ER11-1933-007.
    Applicants: Green Mountain Power Corporation.
    Description: Updated Market Power Analysis for the Northeast Region
of Green Mountain Power Corporation.
    Filed Date: 12/20/19.
    Accession Number: 20191220-5290.
    Comments Due: 5 p.m. ET 9/13/21.

    Docket Numbers: ER20-1981-001.
    Applicants: Pioneer Solar (CO), LLC.
    Description: Notice of Change in Status of Pioneer Solar (CO), LLC.
    Filed Date: 7/13/21.
    Accession Number: 20210713-5162.
    Comments Due: 5 p.m. ET 8/3/21.

    Docket Numbers: ER20-1983-001.
    Applicants: Central 40, LLC.
    Description: Notice of Change in Status of Central 40, LLC.
    Filed Date: 7/13/21.
    Accession Number: 20210713-5161.
    Comments Due: 5 p.m. ET 8/3/21.

    Docket Numbers: ER21-2110-001.
    Applicants: GenOn Power Midwest, LP.
    Description: Tariff Amendment: Amendment to Requested Effective
Date for Cancellation of RS FERC No. 2 to be effective 4/1/2022.
    Filed Date: 7/14/21.
    Accession Number: 20210714-5062.

    Comments Due: 5 p.m. ET 8/4/21.

    Docket Numbers: ER21-2113-001.
    Applicants: Midcontinent Independent System Operator, Inc.,
International Transmission Company.
    Description: Tariff Amendment: 2021-07-14_SA 3664 ITC-DTE Sub
Amended GIOA to be effective 8/10/2021.
    Filed Date: 7/14/21.
    Accession Number: 20210714-5068.
    Comments Due: 5 p.m. ET 8/4/21.

    Docket Numbers: ER21-2410-000.
    Applicants: Prairie Wolf Solar, LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authority to be effective 9/13/2021.
    Filed Date: 7/13/21.
    Accession Number: 20210713-5129.
    Comments Due: 5 p.m. ET 8/3/21.

    Docket Numbers: ER21-2411-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3618R2 Little Blue Wind
Project, LLC GIA to be effective 6/25/2021.
    Filed Date: 7/14/21.
    Accession Number: 20210714-5001.
    Comments Due: 5 p.m. ET 8/4/21.

    Docket Numbers: ER21-2412-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3842 KPP and Sunflower
Electric Interconnection Agreement to be effective 9/12/2021.
    Filed Date: 7/14/21.
    Accession Number: 20210714-5002.
    Comments Due: 5 p.m. ET 8/4/21.

    Docket Numbers: ER21-2413-000.
    Applicants: American Electric Power Service Corporation, Ohio Power
Company, PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: AEP submits one FA re: ILDSA
SA No. 1420 to be effective 9/13/2021.
    Filed Date: 7/14/21.
    Accession Number: 20210714-5074.
    Comments Due: 5 p.m. ET 8/4/21.

    Docket Numbers: ER21-2414-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2021-07-14_Waiver Request for 2017
DPP West to be effective N/A.
    Filed Date: 7/14/21.
    Accession Number: 20210714-5075.
    Comments Due: 5 p.m. ET 8/4/21.

    Docket Numbers: ER21-2415-000.
    Applicants: Great Bay Power Marketing, Inc.
    Description: Notice of Cancellation of Market Based Rate Tariff of
Great Bay Power Marketing, Inc.
    Filed Date: 7/14/21.
    Accession Number: 20210714-5076.
    Comments Due: 5 p.m. ET 8/4/21.

    Docket Numbers: ER21-2416-000.
    Applicants: PJM Interconnection, L.L.C., American Electric Power
Service Corporation, Ohio Power Company.
    Description: Sec.  205(d) Rate Filing: AEP submits one FA re: ILDSA
SA No. 1676 to be effective 9/13/2021.
    Filed Date: 7/14/21.
    Accession Number: 20210714-5077.
    Comments Due: 5 p.m. ET 8/4/21.

    Docket Numbers: ER21-2417-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) Rate Filing: BPA NITSA--(Idaho Falls
Power) Rev 4 to be effective 7/1/2021.
    Filed Date: 7/14/21.
    Accession Number: 20210714-5080.
    Comments Due: 5 p.m. ET 8/4/21.

    Docket Numbers: ER21-2418-000.
    Applicants: Thermo Cogeneration Partnership, L.P.
    Description: Tariff Cancellation: Notice of Cancellation of Market-
Based Rate Tariff and Tariff ID to be effective 12/31/9998.
    Filed Date: 7/14/21.
    Accession Number: 20210714-5099.
    Comments Due: 5 p.m. ET 8/4/21.

    Docket Numbers: ER21-2419-000.
    Applicants: RE Garland LLC.
    Description: Initial rate filing: Garland Storage Shared Facilities
Agreement Filing to be effective 7/15/2021.
    Filed Date: 7/14/21.
    Accession Number: 20210714-5114.
    Comments Due: 5 p.m. ET 8/4/21.

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

    Docket Numbers: ES21-54-000.
    Applicants: Montana-Dakota Utilities Co.
    Description: Application under Section 204 of the Federal Power Act
for Authorization to Issue Securities of Montana-Dakota Utilities Co.
    Filed Date: 7/12/21.
    Accession Number: 20210712-5188.
    Comments Due: 5 p.m. ET 8/2/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by 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 14, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-15482 Filed 7-20-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: December 29, 2009 (Volume 74, Number 248)]
[Notices]
[Page 68813-68814]
[DOCID:fr29de09-71]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP05-92-006]

Liberty Gas Storage LLC; Notice of Amendment

December 22, 2009.
    Take notice that on December 14, 2009, Liberty Gas Storage LLC
(``Liberty''), 101 Ash Street, San Diego, CA 92101, filed in the above
referenced docket, an application pursuant to section 7 of the Natural
Gas Act (NGA), to amend a certificate of public convenience and
necessity, all as more fully set forth in the application which is on
file with the Commission and open to public inspection. The filing may
also be viewed on the Web at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, please
contact FERC Online Support at<EMAIL_ADDRESS>or toll free
at<PHONE_NUMBER>, or TTY, contact<PHONE_NUMBER>.
    Any questions regarding this application should be directed to
William Rapp, Liberty Gas Storage, 101 Ash Street, San Diego, CA 92101,
phone<PHONE_NUMBER>.
    The 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, contact FERC at<EMAIL_ADDRESS>or
call toll-free,<PHONE_NUMBER> or TYY,<PHONE_NUMBER>.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made in the proceeding with the Commission
and must mail a copy to the applicant and to every other party. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will

consider these comments in determining the appropriate action to be
taken, but the filing of a comment alone will not serve to make the
filer a party to the proceeding. The Commission's rules require that
persons filing comments in opposition to the project provide copies of
their protests only to the party or parties directly involved in the
protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the eFiling link at
http://www.ferc.gov. Persons unable to file electronically should
submit an original and 14 copies of the protest or intervention to the
Federal Energy regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    This filing is accessible online at http://www.ferc.gov, using the
eLibrary link and is available for review in the Commission's Public
Reference Room in Washington, DC. There is an eSubscription link on the
Web site that enables subscribers to receive e-mail notification when a
document is added to a subscribed docket(s). For assistance with any
FERC Online service, please e-mail<EMAIL_ADDRESS>or call
(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: January 5, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-30818 Filed 12-28-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 148 (Friday, August 1, 2014)]
[Notices]
[Page 44760]
[FR Doc No: 2014-18140]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP14-1119-000.
    Applicants: Dauphin Island Gathering Partners.
    Description: Negotiated Rates 7-22-14 to be effective 8/1/2014.
    Filed Date: 7/23/14.
    Accession Number: 20140723-5061.
    Comments Due: 5 p.m. ET 8/4/14.

    Docket Numbers: RP14-1120-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: S-2 Tracker Filing Effective 2014-08-01 to be
effective 8/1/2014.
    Filed Date: 7/23/14.
    Accession Number: 20140723-5101.
    Comments Due: 5 p.m. ET 8/4/14.

    Docket Numbers: RP14-1121-000.
    Applicants: Tallgrass Interstate Gas Transmission, L.
    Description: Neg Rate 2014-07-23 DCP Midstream to be effective 7/
24/2014.
    Filed Date: 7/23/14.
    Accession Number: 20140723-5134.
    Comments Due: 5 p.m. ET 8/4/14.

    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
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP14-247-002.
    Applicants: Sea Robin Pipeline Company, LLC.
    Description: Sea Robin 2014 Rate Settlement.
    Filed Date: 7/23/14.
    Accession Number: 20140723-5114.
    Comments Due: 5 p.m. ET 8/4/14.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5 p.m. Eastern time on the specified comment
date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    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 24, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-18140 Filed 7-31-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 101 (Thursday, May 25, 2023)]
[Notices]
[Pages 33958-33959]
[FR Doc No: 2023-11027]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No.: FAA-2022-0124; Summary Notice No. -2023-19]

Petition for Exemption; Summary of Petition Received; Phoenix Air
Unmanned, LLC

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion nor omission of information in the
summary is intended to affect the legal status of the petition or its
final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before June 14, 2023.

ADDRESSES: Send comments identified by docket number FAA-2022-0124
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time.

Follow the online instructions for accessing the docket or go to the
Docket Operations in Room W12-140 of the West Building Ground Floor at
1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dan Ngo,<PHONE_NUMBER>, Office of
Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on May 18, 2023.
Brandon Roberts,
Executive Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2022-0124.
    Petitioner: Phoenix Air Unmanned, LLC.
    Section(s) of 14 CFR Affected: Sec. Sec.  61.3(a)(1)(i),
61.23(a)(2), 89.105, 91.119(c), 91.121, 91.151(b), 91.403(b),
91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2), 91.417(a), and
91.417(b).
    Description of Relief Sought: Phoenix Air Unmanned, LLC (PAU) seeks
relief to operate the SwissDrones SVO 50 V2 Unmanned Aircraft System
(UAS) for the purposes of linear infrastructure operations, including
aerial work, aerial photography, survey, and powerline and pipeline
patrol and inspection. These operations include beyond visual line of
sight (BVLOS) operations over certain roads and transient operations
over people within the right of way (ROW). Operations that do not meet
the criteria for BVLOS due to population density, roadway congestion,
proximity to airports, and/or airspace may still be flown within VLOS
of the PIC with certain restrictions. Moreover, PAU requests relief to
the remote identification of unmanned aircraft regulation until the
time that the manufacturer's equipment is available.

[FR Doc. 2023-11027 Filed 5-23-23; 11:15 am]
BILLING CODE 4910-13-P


[Federal Register: January 18, 2011 (Volume 76, Number 11)]
[Rules and Regulations]
[Page 2800-2801]
[DOCID:fr18ja11-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket FAA No. FAA-2010-1208; Airspace Docket No. 10-ANM-16]

Establishment of Class E Airspace; Lucin, UT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: This action makes a minor correction to a final rule published
in the Federal Register July 8, 2010, that establishes Class E en route
domestic airspace for the Lucin VORTAC, Lucin, UT.

DATES: Effective 0901 UTC, February 17, 2011. The Director of the
Federal

Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue, SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    In a final rule published in the Federal Register July 8, 2010 (75
FR 39148) Airspace Docket No. 09-ANM-25, the airspace description for
the Lucin VORTAC, Lucin, UT, incorrectly referenced the existing Class
E en route domestic airspace exclusion above 8,500 feet MSL. As
written, the wording may cause confusion as to the exclusion of the
existing controlled airspace at 8,500 feet MSL. It should read 8,500
feet and above MSL.
    The FAA's Aeronautical Products office correctly charted the
airspace and requested the correction be made. Accordingly, since this
is an administrative change, and does not involve a change in the
dimensions, altitudes, or operating requirements of that airspace,
notice and public procedures under 5 U.S.C. 553(b) are unnecessary.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Technical Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9U, Airspace Designations and Reporting
Points, dated August 18, 2010, and effective September 15, 2010, is
amended as follows:

Paragraph 6006 En Route Domestic Airspace Areas.

* * * * *

ANM UT E6 Lucin, UT [Amended]

Lucin VORTAC
    (Lat. 41[deg]21'47'' N., long. 113[deg]50'26'' W.)

    That airspace extending upward from 1,200 feet above the surface
bounded on the west by V-269; on the east by V-484; and on the south
by V-32; excluding existing controlled airspace 8,500 feet MSL and
above; excluding that airspace designated for Federal airways;
excluding the portions within Restricted Area R-6404 and Lucin MOA
during their published hours of designation.

    Issued in Seattle, Washington on January 5, 2011.
John Warner,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2011-593 Filed 1-14-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 137 (Wednesday, July 17, 2013)]
[Notices]
[Pages 42817-42818]
[FR Doc No: 2013-17121]

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

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2013-0176, Notice No. 13-11]

Safety Advisory: Unauthorized Filling of Compressed Gas Cylinders

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

ACTION: Safety Advisory Notice.

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

SUMMARY: This is to notify the public that PHMSA has confirmed that
North American Coil and Beverage Group, 15641 E 10 Mile Road,
Eastpointe, MI, 48021, improperly filled and offered for transportation
high pressure compressed gas cylinders without verifying that they met
the appropriate safety requirements for continued use. The Eastpointe
Michigan Fire Department alerted the Michigan State Police, who in turn
alerted PHMSA of an incident on June 25, 2013, in which a high pressure
DOT 3A 1800 cylinder filled and provided by North American Coil and
Beverage Group with carbon dioxide catastrophically burst at Sullivan's
Bar in Eastpointe, Michigan

FOR FURTHER INFORMATION CONTACT: North American Coil and Beverage
Group: Mr. Len Santamaria, Manager, 15641 E 10 Mile Road, Eastpointe,

Michigan 48021, Telephone<PHONE_NUMBER>, to arrange for the return of
these empty cylinders.

SUPPLEMENTARY INFORMATION: PHMSA determined that North American Coil
and Beverage Group improperly filled various types of high pressure US
DOT and special permit cylinders with compressed gases without
verifying that they met the appropriate safety requirements for
continued use. The DOT 3A 1800 cylinder that failed was manufactured by
Morcar in 1973 and had not been requalified since May, 1996. DOT 3A
1800 cylinders used in carbon dioxide service must be successfully
requalified through a visual inspection and a pressure test at least
once every 5 years. Cylinders that are not properly and routinely
inspected and requalified as required may not possess the structural
integrity to safely contain their contents under pressure during normal
transportation and use. Extensive property damage, serious personal
injury, or death could result from a rupture of a cylinder.
    Because North American Coil and Beverage Group did not have their
cylinders requalified prior to filling them and the fact that one
catastrophically failed, PHMSA questions the condition of all of the
cylinders owned and filled by North American Coil and Beverage. These
cylinders should be considered unsafe and unauthorized for the filling
of hazardous material unless and until they are first tested properly
by an individual or company authorized by DOT to requalify DOT
specification cylinders. Anyone who had their carbonated beverage
service cylinders filled and provided by North American Coil and
Beverage Group is advised to remove these cylinders from service
immediately and contact a cylinder filler to have the cylinders
depressurized. North American Coil and Beverage Group will contact
their customers with further instructions on returning the empty
cylinders.

    Issued in Washington, DC, on July 12, 2013.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2013-17121 Filed 7-16-13; 8:45 am]
BILLING CODE 4910-60-P