[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12581-12582]
[FR Doc No: 2017-04213]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

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

------------------------------------------------------------------------
          Docket No.                File date     Presenter or requester
------------------------------------------------------------------------
Prohibited:
    1. P-1256-031.............          2-7-2017  Loup Power District.
Exempt:
    1. CP16-22-000............          2-6-2017  U.S. House
                                                   Representative Robert
                                                   E. Latta.
    2. P-12635-002............          2-6-2017  FERC Staff.\1\
    3. CP14-497-000...........          2-8-2017  Tompkins County, NY
                                                   Legislator Carol
                                                   Chock.
    4. CP16-121-000...........          2-9-2017  FERC Staff.\2\
    5. CP15-138-000...........         2-10-2017  U.S. House
                                                   Representative Bonnie
                                                   Watson Coleman.
    6. CP16-10-000............         2-10-2017  U.S. House
                                                   Representative Bob
                                                   Goodlatte.
    7. CP17-28-000............         2-13-2017  FERC Staff.\3\
    8. CP16-487-000...........         2-15-2017  FERC Staff.\4\
    9. P-13102-000............         2-16-2017  FERC Staff.\5\
------------------------------------------------------------------------
\1\ Email correspondence memo forwarding December 9, 2016 email from
  James Besha of Albany Engineering Corporation.
\2\ Memorandum for February 8, 2017 conference with PHMSA, Field Point,
  and FERC staff.
\3\ Telephone call record for February 7, 2017 call with Brian Scofield
  from U.S. Fish and Wildlife Service, Pennsylvania Field Office.
\4\ Telephone memo for February 10, 2017 call with Andrew Horton from
  Twin Cities Ecological Services Field Office, U.S. Fish and Wildlife
  Service.
\5\ Summary of technical meeting for January 23, 2017 meeting with U.S.
  Army Corps, Birch Power Company, and FERC staff.

    Dated: February 22, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-04213 Filed 3-3-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Notices]
[Pages 40599-40601]
[FR Doc No: 2018-17490]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83809; File No. SR-CboeBZX-2018-057)]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Exchange Rule 1.5, Definitions, Exchange Rule 14.6, Obligations for
Companies Listed on the Exchange, and Exchange Rule 14.11, Other
Securities

August 9, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 1, 2018, Cboe BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it 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)(6)(iii).
---------------------------------------------------------------------------

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

    The Exchange filed a proposal to amend Rule 1.5(c), which defines
the After Hours Trading Session, to allow trading until 8:00 p.m. ET.
    The text of the proposed rule change is available at the Exchange's
website at www.markets.cboe.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

the most significant parts of such statements.

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

1. Purpose
    The Exchange offers four distinct trading sessions where the
Exchange accepts orders for potential execution: (1) The ``Early
Trading Session,'' which begins at 7:00 a.m. Eastern Time (``ET'') and
continues until 8:00 a.m. ET,\5\ (2) the ``Pre-Opening Session,'' which
begins at 8:00 a.m. ET and continues until 9:30 a.m. ET,\6\ (3)
``Regular Trading Hours,'' which begin at 9:30 a.m. ET and continue
until 4:00 p.m. ET,\7\ and (4) the ``After Hours Trading Session,''
which begins at 4:00 p.m. ET and continues until 5:00 p.m. ET.\8\
Users\9\ may designate when their orders are eligible for execution by
selecting their desired Time-in-Force instruction.\10\
---------------------------------------------------------------------------

    \5\ ``Early Trading Session'' means the time between 7:00 a.m.
and 8:00 a.m. ET. See Rule 1.5(ee).
    \6\ ``Pre-Opening Session'' means the time between 8:00 a.m. and
9:30 a.m. ET. See Rule 1.5(r).
    \7\ ``Regular Trading Hours'' means the time between 9:30 a.m.
and 4:00 p.m. ET. See Rule 1.5(w).
    \8\ ``After Hours Trading Session'' means the time between 4:00
p.m. and 5:00 p.m. ET. See Rule 1.5(c).
    \9\ ``User'' means any Member or Sponsored Participant who is
authorized to obtain access to the System pursuant to Rule 11.3. See
Rule 1.5(cc).
    \10\ See Rule 11.9(b).
---------------------------------------------------------------------------

    The purpose of the proposed rule change is to amend Rule 1.5(c),
which defines the After Hours Trading Session, to allow trading until
8:00 p.m. ET, consistent with the hours currently available on the
Exchange's affiliates Cboe EDGX Exchange, Inc. (``EDGX'') and Cboe EDGA
Exchange, Inc. (``EDGA'').\11\ The After Hours Trading Session will
continue to begin after Regular Trading Hours end at 4:00 p.m. ET but
instead of ending at 5:00 p.m. ET, as is the case today, will now be
available until 8:00 p.m. ET similar to the EGDX and EDGA markets. Rule
11.1(a), which was inadvertently modified in November 2014 to include
an 8:00 p.m. ET cutoff for entering orders as part of a proposed rule
change to accept orders beginning at 6:00 a.m. ET,\12\ will not be
amended by this proposed rule change as the Exchange will now accept
orders until 8:00 p.m. ET as described in that rule.
---------------------------------------------------------------------------

    \11\ See EDGX and EDGA Rule 1.5(r), which both define ``Post-
Closing Session'' as the time between 4:00 p.m. and 8:00 p.m. ET.
    \12\ See Securities Exchange Act Release No. 73745 (December 4,
2014), 79 FR 73359 (December 10, 2014) (SR-BATS-2014-062).
---------------------------------------------------------------------------

    The Exchange's affiliate, Cboe BYX Exchange, Inc. (``BYX''), is
also filing to extend its trading hours to 8:00 p.m. ET.\13\ The
proposed rule change will therefore promote a consistent experience for
market participants across all four equities markets operated by Cboe
Global Markets, Inc. Orders entered for participation in the After
Hours Trading Session will continue to be handled in the same manner as
today, with the exception that the Exchange will now accept those
orders until 8:00 p.m. ET, thereby providing additional time for market
participants to source liquidity outside of Regular Trading Hours. The
Exchange therefore believes that amending Rule 1.5(c) to extend the
Exchange's trading hours will be benefit investors that will now be
able to trade on the Exchange later in the day.
---------------------------------------------------------------------------

    \13\ See SR-CboeBYX-2018-013 (pending publication).
---------------------------------------------------------------------------

    A number of other Exchange rules related to listings also
specifically reference the time that the Exchange is open for trading
(i.e., until 5:00 p.m. ET today). The Exchange therefore proposes to
update references to the Exchange's hours of operation in those rules
in connection with the changes to extend the After Hours Trading
Session to 8:00 p.m. ET. Specifically, the Exchange proposes to amend
the following rules to reference the proposed 8:00 p.m. ET end of
trading: (1) Interpretations and Policies .01 and .02 to Rule 14.6,
which provide the timing for notifying the Exchange of certain public
disclosures to be made during Exchange market hours; (2) Rule
14.11(b)(7),(c)(7) which provide that the Exchange may designate
Portfolio Depository Receipts or Index Fund Shares, respectively, for
trading during the pre-market and post-market sessions offered on the
Exchange; (3) Rule 14.11(f)(2)(B), which provides that transactions in
Trust Issued Receipts may be effected until 5:00 p.m. ET each business
day; and (4) Rule 14.11(j)(2), which provides that the Exchange must
distribute an information circular for UTP Derivative Securities that,
among other things, includes information about the risks of trading
during the Exchange's various trading sessions.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \14\ in general, and furthers the objectives of Section
6(b)(5) of the Act \15\ in particular, in that it is designed to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest. Specifically, the Exchange
believes that the proposed rule change will benefit market participants
by providing additional opportunities to transact on the Exchange later
in the trading day.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    As explained in the purpose section of this proposed rule change,
the Exchange currently accepts orders in its After Hours Trading
Session until 5:00 p.m. ET, while two of its affiliated exchanges
(i.e., EDGX and EDGA) currently have a Post-Closing Session that ends
at 8:00 p.m. ET.\16\ The Exchange believes that market participants
would benefit from a longer After Hours Trading Session on the Exchange
too, and is therefore proposing to extend its After Hours Trading
Session to the same time as its affiliated markets. The Exchange
believes that this change will provide additional opportunities for
firms to source liquidity for their orders on the Exchange.
Furthermore, the proposed rule change will ensure that Members have a
similar experience when trading on all four Cboe equities markets. For
the reasons set forth above, the Exchange believes the proposal removes
impediments to and perfects the mechanism of a free and open market and
a national market system, and, in general, protects investors and the
public interest.
---------------------------------------------------------------------------

    \16\ See supra note 11.
---------------------------------------------------------------------------

    In addition, the Exchange believes that the proposed changes to its
listing rules are consistent with the Act because these changes update
those rules with references to the proposed 8:00 p.m. ET time that the
Exchange would accept orders in the After Hours Trading Session. No
further substantive changes to those rules are proposed. The Exchange
believes that it is appropriate to update all rules that specifically
reference the Exchange's hours of operation so that the rules properly
reflect the changes to the After Hours Trading Session being
implemented in this proposed rule change.

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

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

proposed rule change would have any significant impact on inter-market
competition as the Exchange's affiliated exchanges already allow after
hours trading until 8:00 p.m. ET, and other markets are free to provide
similar trading hours. Furthermore, the Exchange does not believe that
the proposed rule change would have any significant impact on intra-
market competition as all Members would be able to enter orders later
in the day due to the extended After Hours Trading Session.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \17\ and Rule 19b-
4(f)(6) thereunder.\18\
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \19\ normally
does not become operative for 30 days after the date of its filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\20\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange requests
that the Commission waive the 30-day operative delay so that the
proposal may become operative immediately upon filing. The Exchange
represents that waiver of the 30-day operative delay will allow the
Exchange to immediately provide a venue for market participants to
source liquidity until 8:00 p.m. ET, similar to the operation of other
exchanges. Because the proposed rules previously have been approved by
the Commission for, and are substantively identical to those of,
another listing exchange, the Commission believes does not believe that
the proposal raises any novel or unique regulatory issues.\21\
Therefore, the Commission believes that waiving the 30-day operative
delay is consistent with the protection of investors and the public
interest. The Commission hereby waives the 30-day operative delay and
designates the proposed rule change operative upon filing.\22\
---------------------------------------------------------------------------

    \19\ 17 CFR 240.19b-4(f)(6).
    \20\ 17 CFR 240.19b-4(f)(6)(iii).
    \21\ See supra note 11.
    \22\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule change should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-CboeBZX-2018-057 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CboeBZX-2018-057. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CboeBZX-2018-057 and should be submitted
on or before September 5, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-17490 Filed 8-14-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 168 (Friday, August 28, 2020)]
[Proposed Rules]
[Pages 53306-53308]
[FR Doc No: 2020-18918]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0666; Airspace Docket No. 20-ACE-16]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; Burlington, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend the Class E airspace extending
upward from 700 feet above the surface at Coffey County Airport,
Burlington, KS. The FAA is proposing this action as the result of an
airspace review caused by the decommissioning of the Boyd non-
directional beacon (NDB) which provided navigation information to the
instrument procedures at this airport.

DATES: Comments must be received on or before October 13, 2020.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2020-0666/Airspace Docket No. 20-ACE-16 at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    FAA Order 7400.11D, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Rebecca Shelby, Federal Aviation
Administration, Operations Support

Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX
76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend the Class E airspace extending upward from 700 feet
above the surface at Coffey County Airport, Burlington, KS, to support
instrument flight rule operations at this airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2020-0666/
Airspace Docket No. 20-ACE-16.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11D, Airspace
Designations and Reporting Points, dated August 8, 2019, and effective
September 15, 2019. FAA Order 7400.11D is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11D lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by amending the Class E airspace extending
upward from 700 feet above the surface to within a 6.5-mile radius of
Coffey County Airport, Burlington, KS; removing the Boyd NDB from the
airspace legal description.
    This action is due to an airspace review caused by the
decommissioning of the Boyd NDB which provided navigation information
to the instrument procedures at this airport.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11D, dated August 8, 2019, and effective September 15,
2019, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

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

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 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 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

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

* * * * *

ACE KS E5 Burlington, KS [Amended]

Coffey County Airport, KS

    (Lat. 38[deg]18'09'' N, long. 95[deg]43'30'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Coffey County Airport.

    Issued in Fort Worth, Texas, on August 24, 2020.
Steven T. Phillips,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2020-18918 Filed 8-27-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 204 (Wednesday, October 21, 2020)]
[Rules and Regulations]
[Pages 66876-66877]
[FR Doc No: 2020-22012]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0224; FRL-10015-13-Region 4]

Air Plan Approval; KY; Jefferson County Administrative Procedures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving changes
to the Jefferson County portion of the Kentucky State Implementation
Plan (SIP), submitted by the Commonwealth of Kentucky, through the
Energy and Environment Cabinet (Cabinet), on March 4, 2020. The changes
were submitted by the Cabinet on behalf of the Louisville Metro Air
Pollution Control District (District or APCD) and make minor changes
for clarity, remove an exemption for public hearings for permitting
actions, and amend the procedures for open records requests to maintain
consistency with the Kentucky Open Records Act (KORA). This action is
being taken pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective November 20, 2020.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0224. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information 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 can either
be retrieved electronically via www.regulations.gov or in hard copy at
the at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. 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 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sarah LaRocca, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-8994. Ms. LaRocca can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    EPA is approving changes to APCD Regulation 1.08, Administrative
Procedures, of the Jefferson County portion of the Kentucky SIP,
submitted by the Commonwealth on March 4, 2020.\1\ The March 4, 2020,
SIP revision makes minor changes to Regulation 1.08 that do not alter
the meaning of the regulation, for example, changes to clarify public
hearing requirements, and relocation and reorganization of several
sections. In addition, other changes strengthen the SIP by removing
language exempting certain permitting actions from public hearings.
Last, the SIP revision contains changes to sections related to public
records to maintain consistency with the KORA. The SIP revision updates
the current SIP-approved version of Regulation 1.08 (Version 13) to
Version 14.
---------------------------------------------------------------------------

    \1\ The submittal includes a courtesy copy of Regulation 2.08,
Fees, Version 24 which was adopted by the Commonwealth at the same
time; however, the Commonwealth did not request that EPA incorporate
that regulation into the SIP.
---------------------------------------------------------------------------

    In a notice of proposed rulemaking (NPRM) published on July 22,
2020 (85 FR 44258), EPA proposed to approve changes to the Jefferson
County portion of the Kentucky SIP, provided on March 4, 2020. The July
22, 2020, NPRM provides additional detail regarding the background and
rationale for EPA's action. Comments on the July 22, 2020, NPRM were
due on or before August 21, 2020. EPA received no adverse comments on
the July 22, 2020, NPRM.

II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference APCD Regulation
1.08, Administrative Procedures, Version 14, effective November 20,
2019, which provides clarity, revises provisions related to Board
meetings, and maintains consistency with KORA. EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 4 office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by the EPA for inclusion in the State implementation
plan, have been incorporated by reference by EPA into the plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of EPA's approval, and will
be incorporated by reference in the next updated to the SIP
compilation.\2\
---------------------------------------------------------------------------

    \2\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

III. Final Action

    EPA is approving the changes to APCD Regulation 1.08,
Administrative Procedures, Version 14, of the Jefferson County portion
of the Kentucky SIP, submitted by the Commonwealth on March 4, 2020.
The March 4, 2020, SIP revision updates the current SIP-approved
version of APCD Regulation 1.08, Version 13 to Version 14. EPA is
approving these changes because they are minor edits to clarify
provisions related to public hearing requirements, SIP strengthening by
removing an exemption from public hearings for certain permitting
requirements, and maintaining consistency with KORA.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 21, 2020. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Incorporation by reference, Reporting and
recordkeeping requirements.

    Dated: September 30, 2020.
Mary Walker,
Regional Administrator, Region 4.

    For the reasons discussed in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart S--Kentucky

0
2. Section 52.920(c), Table 2, is amended under ``Reg 1--General
Provisions'' by revising the entry for ``1.08'' to read as follows:

Sec.  52.920  Identification of plan.

* * * * *
    (c) * * *

                         Table 2--EPA-Approved Jefferson County Regulations for Kentucky
----------------------------------------------------------------------------------------------------------------
                                                 EPA approval       Federal         District
             Reg                Title/subject        date       Register notice  effective date    Explanation
----------------------------------------------------------------------------------------------------------------
                                            Reg 1--General Provisions
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
1.08.........................  Administrative       10/21/2020  [Insert              11/20/2019
                                Procedures.                      citation of
                                                                 publication].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2020-22012 Filed 10-20-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Notices]
[Page 37537]
[FR Doc No: 2013-14887]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Docket No. OR13-25-000]

CHS Inc., Federal Express Corporation, GROWMARK, Inc., HWRT Oil
Company LLC, MFA Oil Company, Southwest Airline Co., United Airlines,
Inc., UPS Fuel Services, Inc. v. Enterprise TE Products Pipeline
Company, LLC; Notice of Complaint

    Take notice that on June 14, 2013, pursuant to sections 13(1) and
15(1) of the Interstate Commerce Act (ICA), 49 U.S.C. App. 13(1) and
15(1), and 18 CFR 385.206 (2012), and Rules 343.1(a) and 343.3(c), 18
CFR 343.1(a) and 343.2(c), CHS Inc.; Federal Express Corporation;
GROWMARK, Inc.; HWRT Oil Company LLC; MFA Oil Company; Southwest
Airline Co.; United Airlines, Inc.; and UPS Fuel Services, Inc.
(Complainants) filed a complaint against Enterprise TE Products
Pipeline Company, LLC (Enterprise TEPPCO or Respondent) challenging the
lawfulness of Enterprise TE Products Pipeline Company LLC's FERC Tariff
No. 55.28.0. Specifically, Complainants allege that Tariff No. 55.28.0,
in providing that Enterprise TEPPCO will no longer accept nominations
for the transportation of jet fuel or distillates, violates the
Settlement Agreement signed by Enterprise TEPPCO in Docket No. IS12-
203-000 and approved by the Commission via letter order on May 31,
2013. See Enterprise TE Products Pipeline Company LLC, 143 FERC ]
61,197 (2013).
    As Enterprise TEPPCO does not list a current contact person on the
Commission's list of Corporate Officials, Complainants certify that
copies of the complaint were served on the persons listed as the Issuer
and Compiler of Enterprise TEPPCO's Tariff No. 55.28.0.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on June 28, 2013.

    Dated: June 17, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-14887 Filed 6-20-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 16, 2008 (Volume 73, Number 96)]
[Notices]
[Page 28452-28453]
[DOCID:fr16my08-63]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP08-343-000]

Transcontinental Gas Pipe Line Corporation; Notice of Request
Under Blanket Authorization

May 9, 2008.
    Take notice that on April 30, 2008, Transcontinental Gas Pipe Line
Corporation (Transco), Post Office Box 1396, Houston, Texas 77251,
filed in Docket No. CP08-343-000, a prior notice request pursuant to
sections 157.205, 157.208, and 157.212 of the Federal Energy Regulatory
Commission's regulations under the Natural Gas Act for authorization to
construct and operate a new receipt point to receive revaporized
liquefied natural gas (LNG), located in Evangeline Parish, Louisiana,
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, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Specifically, Transco proposes to construct and operate a new
receipt point on Transco's mainline in Evangeline Parish, Louisiana to
receive revaporized LNG from the Cheniere Pass LNG terminal in Cameron
Parish, Louisiana by way of the Kinder Morgan Louisiana Pipeline, LLC
(KMLP). The facilities Transco proposes to construct will include a 24-
inch tap assembly on Transco's 36-inch Mainline B and a 24-inch tap
assembly on Transco's 36-inch Mainline C, flow computer, gas
chromatograph with building enclosure, flow/pressure control and
overpressure protection facilities, valves, and radio communication
facilities at the mainline B and C. Transco estimates the cost of
construction to be approximately $1.7 million. Transco states that KMLP
will reimburse Transco for all costs associated with such facilities.
Transco asserts that the new receipt point will provide Transco with
the ability to receive up to 600 MMcf/d of revaporized LNG from KMLP.
    Any questions regarding the application should be directed to Marg
Camardello, Transcontinental Gas Pipe Line Corporation, P. O. Box 1396,
Houston, Texas 77251, at<PHONE_NUMBER>.

    Any person or the Commission's Staff may, within 60 days after the
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and, pursuant to section 157.205 of
the Commission's Regulations under the Natural Gas Act (NGA) (18 CFR
157.205) a protest to the request. If no protest is filed within the
time allowed therefor, the proposed activity shall be deemed to be
authorized effective the day after the time allowed for protest. If a
protest is filed and not withdrawn within 30 days after the time
allowed for filing a protest, the instant request shall be treated as
an application for authorization pursuant to Section 7 of the NGA.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the Internet in lieu of paper. See 18
C. 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-11020 Filed 5-15-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 193 (Tuesday, October 6, 2015)]
[Notices]
[Page 60380]
[FR Doc No: 2015-25383]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12486-008--Idaho]

Twin Lakes Canal Company; Notice of Availability of the Draft
Environmental Impact Statement for the Bear River Narrows Hydroelectric
Project

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission (Commission or FERC)
regulations contained in the Code of Federal Regulations (CFR)(18 CFR
part 380 [FERC Order No. 486, 52 FR 47897]), the Office of Energy
Projects has reviewed the application for license for the Bear River
Narrows Hydroelectric Project (FERC No. 12486) and prepared a draft
environmental impact statement (EIS) for the project.
    The proposed project would be located on the Bear River, near the
city of Preston, in Franklin County, Idaho. The project would occupy
243 acres of federal land managed by the Bureau of Land Management.
    The draft EIS contains staff's analysis of the applicant's proposal
and the alternatives for licensing the Bear River Narrows Project. The
draft EIS documents the views of governmental agencies, non-
governmental organizations, affected Indian tribes, the public, the
license applicant, and Commission staff.
    A copy of the draft EIS is available for review at the Commission
or may be viewed on the Commission's Web site at http://www.ferc.gov,
using the ``e-Library'' link. Enter the docket number, excluding the
last three digits, to access the document. For assistance, contact FERC
Online Support at<EMAIL_ADDRESS>or toll-free at (866) 208-
3676, or for TTY, contact<PHONE_NUMBER>.
    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.
    All comments must be filed by Monday, November 30, 2015, and should
reference Project No. 12486-008. The Commission strongly encourages
electronic filing. Please file comments using the Commission's efiling
system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support. In lieu of electronic filing, please send a paper copy to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE., Washington, DC 20426.
    Anyone may intervene in this proceeding based on this draft EIS (18
CFR 380.10). You must file your request to intervene as specified
above. You do not need intervenor status to have your comments
considered.
    For further information, please contact Shana Murray at (202) 502-
8333 or at<EMAIL_ADDRESS>
    Dated: September 30, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-25383 Filed 10-5-15; 8:45 am]
 BILLING CODE 6717-01-P


"Garnett, Nancy"<EMAIL_ADDRESS>03/02/2009 02:28 PM	To
	Keith Barnett/RTP/USEPA/US@EPA
	cc
	Susan Thorneloe/RTP/USEPA/US@EPA, "Michael Laney"<EMAIL_ADDRESS>
<EMAIL_ADDRESS>	bcc

	Subject
	RE: Wet scrubber water treatment

	History:
		This message has been replied to.

Keith,
At TXI Midlothian - the water from the dewatering system is returned to
the wet scrubber.  It is not treated.
The liquid that is purged from the scrubber system is not treated
either.  It is used to pug the alkali bypass dust or it can be used to
control dust in the quarry ABD storage area.
Nancy

-----Original Message-----
From<EMAIL_ADDRESS><EMAIL_ADDRESS>Sent: Monday, March 02, 2009 11:53 AM
To<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>Garnett, Nancy
Cc<EMAIL_ADDRESS>Michael Laney<EMAIL_ADDRESS>Subject: Wet scrubber water treatment

To All:

A question has come up about treatment of water from kilns that use wet
scrubbers for SO2 control.  In our analysis we assume that the scrubber
blow-down is sent to a dewatering facility where the gypsum is dewatered
and stored prior to being sent to the finish mill.  The water from the
dewatering step is assumed to be sent back to the wet scrubber.

Is there some type of water treatment process that takes place after the
solids are removed from the scrubber blowdown? Or is the water simply
sent directly back to the scrubber?  Is there any liquid waste stream
that leaves the scrubber process?  If so, how is this stream treated and
where does it go?

Keith W. Barnett
USEPA/OAQPS/SPPD/MMG
Mail Code D243-02
Research Triangle Park, NC  27711
919-541-5605
<EMAIL_ADDRESS>

****************************************************
The information in this email is confidential and may be
legally privileged. If you are not an intended recipient,
you should delete this message.  Access to this email by
anyone else is unauthorized, and any disclosure, copying,
distribution or action taken or omitted in reliance on it
is prohibited and may be unlawful.
****************************************************


[Federal Register: May 17, 2007 (Volume 72, Number 95)]
[Notices]
[Page 27808-27809]
[DOCID:fr17my07-37]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2615-035]

Madison Paper Industries, FPL Energy Maine Hydro LLC, Merimil
Limited Partnership, and Brassua Hydroelectric Limited Partnership;
Notice of Intent to File License Application, Filing of Pre-Application
Document, Commencement of Licensing Proceeding, Scoping Meetings,
Solicitation of Comments on the Pad and Scoping Document, and
Identification of Issues and Associated Study Requests

May 10, 2007.
    a. Type of Filing: Notice of Intent to File License Application for
a New License and Pre-Application Document; Commencing Licensing
Proceeding.
    b. Project No.: 2615-035.
    c. Dated Filed: March 29, 2007.
    d. Submitted By: Madison Paper Industries, FPL Energy Maine Hydro
LLC, Merimil Limited Partnership, and Brassua Hydroelectric Limited
Partnership (current co-licensee Brassua Hydroelectric Limited
Partnership will no longer be a licensee after the termination of the
existing license on March 31, 2012, in accordance with an indenture of
lease dated October 15, 1989).
    e. Name of Project: Brassua Project.
    f. Location: On the northern Moose River in Sumerset, County,
Maine. The project does not occupy any federal lands.
    g. Filed Pursuant to: 18 CFR Part 5 of the Commission's
Regulations.
    h. Potential Applicant Contact: Mr. Frank Dunlap, Senior
Environmental Specialist, FPL Energy Maine Hydro LLC, 160 Capital
Street, Augusta, ME 04330,<PHONE_NUMBER> or e-mail at
<EMAIL_ADDRESS>
    i. FERC Contact: John Costello<PHONE_NUMBER> or e-mail at
<EMAIL_ADDRESS>
    j. We are asking federal, state, local, and tribal agencies with
jurisdiction and/or special expertise with respect to environmental
issues to cooperate with us in the preparation of the environmental
document. Agencies who would like to request cooperating status should
follow the instructions for filing comments described in paragraph o
below.
    k. With this notice, we are initiating informal consultation with:
(a) The U.S. Fish and Wildlife Service and/or NOAA Fisheries under
section 7 of the Endangered Species Act and the joint agency
regulations thereunder at 50 CFR, Part 402; and (b) the State Historic
Preservation Officer, as required by section 106, National Historical
Preservation Act, and the implementing regulations of the Advisory
Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating FPL Energy Maine Hydro LLC,
Madison Paper Industries, and Merimil Limited Partnership the
Commission's non-federal representative for carrying out informal
consultation, pursuant to section 7 of the Endangered Species Act and
section 106 of the National Historic Preservation Act.
    m. FPL Energy Maine Hydro LLC, Madison Paper Industries, and
Merimil Limited Partnership filed a Pre-Application Document (PAD);
including a proposed process plan and schedule with the Commission,
pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. Copies of the PAD and Scoping Document are available for review
at the Commission in the Public Reference Room or may be viewed on the
Commission's Web site (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 at<EMAIL_ADDRESS>or toll free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is also available for
inspection and reproduction at the address in paragraph h.
    Register online at http://ferc.gov/esubscribenow.htm to be notified

via e-mail of new filing and issuances related to this or other pending
projects. For assistance, contact FERC Online Support.
    o. With this notice, we are soliciting comments on the PAD and
Scoping Document as well as study requests. All comments on the PAD and
Scoping Document, and study requests should be sent to the address
above in paragraph h. In addition, all comments on the PAD and Scoping
Document, study requests, requests for cooperating agency status, and
all communications to Commission staff related to the merits of the
potential application (original and eight copies) must be filed with
the Commission at the following address: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. All filings with the Commission must include on
the first page, the project name (Brassua Project) and number (P-2615-
035), and bear the heading ``Comments on Pre-Application Document,''
``Study Requests,'' ``Comments on Scoping Document 1,'' ``Request for
Cooperating Agency Status,'' or ``Communications to and from Commission
Staff.'' Any individual or entity interested in submitting study
requests, commenting on the PAD or Scoping Document, and any agency
requesting cooperating status must do so by July 27, 2007.
    Comments on the PAD and Scoping Document, study requests, requests
for cooperating agency status, and other permissible forms of
communications with the Commission may be filed electronically via the
Internet in lieu of paper. The Commission strongly encourages
electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions
on the Commission's Web site (http://www.ferc.gov) under the ``e-

filing'' link.
    p. At this time, Commission staff intends to prepare a single
Environmental Assessment for the project, in accordance with the
National Environmental Policy Act.

Scoping Meetings

    We will hold two scoping meetings at the times and places noted
below. The daytime meeting will focus on resource agency, Indian
tribes, and non-governmental organization concerns, while the evening
meeting is primarily for receiving input from the public. We invite all
interested individuals, organizations, and agencies to attend one or
both of the meetings, and to assist staff in identifying particular
study needs, as well as the scope of environmental issues to be
addressed in the environmental document. The times and locations of
these meetings are as follows:
Daytime Scoping Meeting
    Date and Time: Thursday, June 28, 2007, 12 to 3 p.m. (EST).
    Location: Holiday Inn, York Room, 110 Community Drive, Augusta,
Maine 04330.
    For Directions: Call Holiday Inn at<PHONE_NUMBER>.
Evening Scoping Meeting
    Date and Time: Wednesday, June 27, 2007, 7 to 10 p.m. (EST).
    Location: The Community House, 6 Lakeville Street, Greenville,
Maine 04441.
    For Directions: Please call the Moosehead Historical Society at
(207) 695-2909.
    Scoping Document, which outlines the subject areas to be addressed
in the environmental document, has been mailed to the individuals and
entities on the Commission's mailing list. Copies of the Scoping
Document will be available at the scoping meetings, or

may be viewed on the web at http://www.ferc.gov, using the ``eLibrary''

link. Follow the directions for accessing information in paragraph n.
Depending on the extent of comments received, a Scoping Document 2 may
or may not be issued.

Site Visit

    FPL will conduct a tour of the project on Wednesday, June 27, 2007,
starting at 9 a.m. All participants interested in attending should meet
at the project's dam located on Route 15. All participants attending
the site visit should be prepared to provide their own transportation
and lunch. Anyone in need of directions to the dam should contact Mr.
Frank Dunlap of FPL at<PHONE_NUMBER>. Those individuals planning to
participate in the site visit are asked to notify Mr. Dunlap of their
intent, no later than June 14, 2007.

Scoping Meeting Objectives

    At the scoping meetings, staff will: (1) Present the proposed list
of issues to be addressed in the EA; (2) review and discuss existing
conditions and resource agency management objectives; (3) review and
discuss existing information and identify preliminary information and
study needs; (4) review and discuss the process plan and schedule for
pre-filing activity that incorporates the time frames provided for in
Part 5 of the Commission's regulations and, to the extent possible,
maximizes coordination of federal, state, and tribal permitting and
certification processes; and (5) discuss requests by any federal or
state agency or Indian tribe acting as a cooperating agency for
development of an environmental document.
    Meeting participants should come prepared to discuss their issues
and/or concerns. Please review the Pre-Application Document in
preparation for the scoping meetings. Directions on how to obtain a
copy of the PAD and Scoping Document are included in item n. of this
document.

Meeting Procedures

    The meetings will be recorded by a stenographer and will become
part of the formal Commission record on the project.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-9461 Filed 5-16-07; 8:45 am]

BILLING CODE 6717-01-P