[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
[Proposed Rules]
[Pages 12631-12633]
[FR Doc No: 2022-04719]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2021-0662; FRL-9465-01-R3]

Air Plan Approval; Maryland; Nonattainment New Source Review
Requirements for 2015 8-Hour Ozone National Ambient Air Quality
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule and withdrawal of a prior proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
Maryland Department of the Environment (MDE) on behalf of the State of
Maryland (Maryland). This revision certifies that Maryland's existing
nonattainment new source review (NNSR) program, covering the Baltimore
nonattainment area, the Philadelphia-Wilmington-Atlantic City
nonattainment area, and the Washington, DC nonattainment area for the
2008 8-hour ozone national ambient air quality standards (NAAQS), is at
least as stringent as applicable Federal requirements. EPA is proposing
to approve this revision in accordance with the requirements of the
Clean Air Act (CAA). Additionally, EPA is withdrawing a prior proposed
approval of a related Maryland SIP submittal regarding ozone
interprecursor trading.

DATES: The proposed rule published on October 27, 2020 (85 FR 68029) is
withdrawn as of March 7, 2022. Written comments on the proposed
approval must be received on or before April 6, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2021-0662 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. For either manner of submission, EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be confidential business information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located

outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Yongtian He, Permits Branch (3AD10),
Air & Radiation Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone
number is<PHONE_NUMBER>. Mr. He can also be reached via electronic
mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 3, 2020, MDE submitted SIP #20-05: ``Nonattainment New
Source Review (NNSR) Certification for the State of Maryland 2015 Ozone
NAAQS Nonattainment Areas,'' (#20-05) as a revision to Maryland's SIP.
In this SIP revision, MDE is certifying that its existing NNSR program,
covering the Baltimore nonattainment area (which includes Anne Arundel,
Baltimore, Carroll, Harford, and Howard Counties and the city of
Baltimore), the Maryland portion of Philadelphia-Wilmington-Atlantic
City nonattainment area (which includes Cecil County in Maryland), and
the Maryland portion of the Washington, DC nonattainment area (which
includes Calvert, Charles, Frederick, Montgomery, and Prince Georges
Counties in Maryland) for the 2015 8-hour ozone NAAQS, is at least as
stringent as the requirements at 40 CFR 51.165 for ozone and its
precursors.
    On October 1, 2015 (effective December 28, 2015), EPA promulgated a
revised 8-hour ozone NAAQS of 0.070 parts per million (ppm). 80 FR
65292 (October 26, 2015). Under EPA's regulations at 40 CFR 50.19, the
2015 8-hour ozone NAAQS is attained when the three-year average of the
annual fourth-highest daily maximum 8-hour average ambient air quality
ozone concentration is less than or equal to 0.070 ppm. Upon
promulgation of a new or revised NAAQS, the CAA requires EPA to
designate as nonattainment any area that is violating the NAAQS based
on the three most recent years of ambient air quality data at the
conclusion of the designation process. The Baltimore nonattainment
area, the Philadelphia-Wilmington-Atlantic City nonattainment area, and
the Washington, DC-MD-VA area were classified as marginal nonattainment
for the 2015 8-hour ozone NAAQS on June 4, 2018 (effective August 3,
2018) using 2014-2016 ambient air quality data. 83 FR 25776 (June 4,
2018).
    On December 6, 2018, EPA issued the final SIP Requirements Rule,
which establishes the requirements that state, tribal, and local air
quality management agencies must meet as they develop implementation
plans for areas where air quality exceeds the 2015 8-hour ozone NAAQS.
Areas that were designated as marginal ozone nonattainment areas are
required to attain the 2015 8-hour ozone NAAQS no later than August 3,
2021.\1\ 83 FR 10376 (March 9, 2018) and 83 FR 62998 (December 6,
2018).
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    \1\ EPA has not yet formally determined whether these areas
timely attained, and any such final determination will be made by
EPA in a future action.
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II. Summary of SIP Revision and EPA Analysis

    This rulemaking is specific to Maryland's NNSR requirements for the
Baltimore nonattainment area, the Philadelphia-Wilmington-Atlantic City
nonattainment area, and the Washington, DC-MD-VA nonattainment area.
NNSR is a preconstruction review permit program that applies to new
major stationary sources or major modifications at existing sources
located in a nonattainment area. The specific NNSR requirements for the
ozone NAAQS are located in 40 CFR 51.160 through 51.165. The SIP
Requirements Rule explained that, for each nonattainment area, a NNSR
plan or plan revision was due no later than 36 months after the
effective date of area designations for the 2015 8-hour ozone standard
(i.e., August 3, 2021).
    The minimum SIP requirements for NNSR permitting programs for the
2015 8-hour ozone NAAQS are set forth in 40 CFR 51.165. See 40 CFR
51.1114. The SIP for each ozone nonattainment area must contain NNSR
provisions that: Set major source thresholds for oxides of nitrogen
(NOX) and volatile organic compounds (VOCs) pursuant to 40
CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv) and (2); classify physical changes
as a major source if the change would constitute a major source by
itself pursuant to 40 CFR 51.165(a)(1)(iv)(A)(3); consider any
significant net emissions increase of NOX as a significant
net emissions increase for ozone pursuant to 40 CFR 51.165(a)(1)(v)(E);
consider certain increases of VOC emissions in extreme ozone
nonattainment areas as a significant net emissions increase and a major
modification for ozone pursuant to 40 CFR 51.165(a)(1)(v)(F); \2\ set
significant emissions rates for VOC and NOX as ozone
precursors pursuant to 40 CFR 51.165(a)(1)(x)(A)-(C) and (E); contain
provisions for emissions reductions credits pursuant to 40 CFR
51.165(a)(3)(ii)(C)(1)-(2); provide that the requirements applicable to
VOC also apply to NOX pursuant to 40 CFR 51.165(a)(8); and
set offset ratios for VOC and NOX pursuant to 40 CFR
51.165(a)(9) (ii)-(iv). For the 2015 8-hour ozone NAAQS, the SIP for
each ozone nonattainment area designated nonattainment for the 2008 8-
hour ozone NAAQS and designated nonattainment for the 1997 ozone NAAQS
on April 6, 2015, must also contain NNSR provisions that include the
anti-backsliding requirements at 40 CFR 51.1105. See 40 CFR
51.165(a)(12).
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    \2\ EPA notes that neither COMAR 26.11.17 nor Maryland's
approved SIP have the regulatory provision for any emissions change
of VOC in extreme nonattainment areas, specified in 40 CFR
51.165(a)(1)(v)(F), because Maryland has never had an area
designated extreme nonattainment for any of the ozone NAAQS. Thus,
the Maryland SIP is not required to have this requirement for VOC in
extreme nonattainment areas until such time as Maryland has an
extreme ozone nonattainment area.
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    Maryland's longstanding SIP approved NNSR program, established in
Code of Maryland Regulations (COMAR) Air Quality Rule COMAR 26.11.17--
Nonattainment Provisions for Major New Sources and Major Modifications,
applies to the construction and modification of major stationary
sources in nonattainment areas. In its June 3, 2020 SIP revision,
Maryland certifies that the version of the Air Quality Rule COMAR
26.11.17 in the SIP is at least as stringent as the Federal NNSR
requirements for the Philadelphia-Wilmington-Atlantic City
nonattainment area, the Washington, DC nonattainment area, and the
Baltimore nonattainment area. EPA last approved revisions to the SIP
approved version of Maryland's NNSR rule in 2018 in response to EPA's
February 3, 2017 Findings of Failure to Submit for various requirements
relating to the 2008 8-hour ozone NAAQS. 83 FR 3982 (January 29, 2018).
Maryland has not changed these major stationary source threshold
provisions in COMAR <IP_ADDRESS>(17), so they remain in Maryland's
federally approved SIP.\3\ All of the sources located in the 2015 8-
hour ozone nonattainment areas in Maryland are required to meet a major
stationary source threshold of 25 tons or

more per year of VOC or NOX. Because Maryland's major
stationary source thresholds were established for the 1997 8-hour ozone
NAAQS nonattainment designations, they have been changed, and therefore
they are more stringent than required by the 2008 and 2015 8-hour ozone
NAQQS.
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    \3\ Under the 1997 8-hour ozone NAAQS, the Baltimore Area was
classified as serious nonattainment and the Philadelphia-Wilmington-
Atlantic City and Washington, DC Areas were classified as moderate
nonattainment.
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    COMAR 26.11.17 currently includes provisions allowing ozone
interprecursor trading. On January 31, 2020, MDE submitted a SIP
revision (#20-02) to incorporate the interprecursor trading provisions
of COMAR 26.11.17 into the Maryland SIP. On October 27, 2020, EPA
published a notice of proposed rulemaking (NPRM) in which EPA proposed
to approve Maryland SIP revision #20-02). 85 FR 68029 (October 27,
2020). MDE's SIP Revision #20-05 submission to EPA referenced those
interprecursor trading provisions of COMAR 26.11.17 in its
certification that Maryland's NNSR program was consistent with Federal
requirements. Subsequently, on January 29, 2021, the United States
Court of Appeals for the D.C. Circuit concluded that ozone
interprecursor trading is not permissible under the CAA and vacated
ozone interprecursor trading, i.e., the interprecursor trading
provision in the Federal NNSR regulations. Sierra Club v. EPA, 985 F.3d
1055 (D.C. Cir. 2021). EPA removed the language allowing interprecursor
trading for ozone and restored the language in the NNSR regulations to
the form it was in after the EPA's 2008 p.m.2.5 implementation rule. 86
FR 37918 (July 19, 2021). After the court decision and EPA's withdrawal
of the interprecursor trading provisions, by letter dated October 26,
2021, Maryland withdrew SIP revision #20-02 with the interprecursor
trading provisions in its entirety. Additionally, in a separate
clarification letter dated October 26, 2021, MDE requested that EPA
withdraw from EPA's consideration those portions of SIP revision #20-05
which related to ozone interprecursor trading. Furthermore, MDE
committed to removing the interprecursor trading provisions from COMAR
and to not implementing them in the interim. Consequently, those
provisions are no longer pending action before EPA. EPA is publishing
this notice of proposed rulemaking to notify commenters that EPA no
longer intends to take final action on SIP revision #20-02 or to
consider that SIP revision in this proposal to approve SIP revision
#20-05.

III. Proposed Action

    EPA's review of this material indicates that the Maryland's
submission fulfills the 40 CFR 51.1114 revision requirement, meets the
requirements of CAA sections 110 and 172 and the minimum SIP
requirements of 40 CFR 51.165. EPA is proposing to approve Maryland's
SIP revision addressing the NNSR requirements for the 2015 8-hour ozone
NAAQS for the Baltimore, MD, Philadelphia-Wilmington-Atlantic City, PA-
NJ-MD-DE, and Washington, DC-MD-VA nonattainment areas, which was
submitted on June 3, 2020. EPA is soliciting public comments on the
issues discussed in the proposed approval. These comments will be
considered before taking final action. Additionally, because MDE has
officially withdrawn its January 31, 2020 SIP revision #20-02 in its
entirety, EPA is withdrawing the proposed action for that SIP revision
in this action.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this 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);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2022-04719 Filed 3-4-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: April 5, 2007 (Volume 72, Number 65)]
[Notices]
[Page 16841-16844]
[DOCID:fr05ap07-140]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55555; File No. SR-NYSE-2007-09]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change as Modified by Amendments No.
1 and 2 Thereto Relating to Rule 18 (Compensation in Relation to System
Failure)

March 29, 2007.
    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 January 26, 2007, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by the
Exchange. The Exchange filed Amendments No. 1 and 2 to the proposal on
February 1, 2007, and March 28, 2007, respectively. The Commission is
publishing this notice to solicit comment on the proposed rule change,
as amended, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is proposing to adopt Rule 18, ``Compensation in
Relation to Exchange System Failure,'' which will provide a form of
compensation to member organizations when a loss is sustained in
relation to an Exchange system failure. The Exchange further proposes
to amend Rule 134 (``Differences and Omissions-Cleared Transactions
(``QTs'')'') to require that profits equal to or greater than $5,000
gained in relation to an Exchange system failure be remitted to the
Exchange to be included in funds available for distribution pursuant to
proposed Rule 18.
    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, NYSE included statements
concerning the purpose of and basis for 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 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 Exchange is a self-regulatory organization (``SRO'') as that
term is defined under the Act.\3\ In its capacity as a SRO the Exchange
functions as a quasi-governmental authority and is therefore entitled
to immunity from lawsuits.\4\ NYSE Rule 17 provides that the ``Exchange
shall not be liable for any damages sustained by a member, allied
member or member organization growing out of the use or enjoyment by
such member, allied member or member organization of the facilities
afforded by the Exchange, except as provided in the rules.''
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    \3\ See 15 U.S.C. 78c(a)(26).
    \4\ See DL Capital Group, LLC v. Nasdaq Stock Market, Inc., 409
F.3d 93, 99 (2d Cir. 2005); D'Alessio v. New York Stock Exchange,
Inc., 258 F.3d 93, 104-05 (2d Cir. 2001).
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    The Exchange proposes to adopt Rule 18, ``Compensation in Relation
to Exchange System Failure,'' in order to establish a procedure to
compensate member organizations in relation to Exchange system
failures. The Exchange recognizes that the current industry practice of
exchanges that function as SROs is to provide a form of compensation
for losses sustained in relation to the use of the company's systems.
As such, the Exchange seeks to adopt NYSE Rule 18 in order to conform
to current industry practice.
a. Claims for Compensation
    Pursuant to the proposed rule, an Exchange system failure is
defined as a malfunction of the Exchange's physical equipment, devices,
and/or programming which results in an incorrect execution or no
execution of an order that was received in Exchange systems. Misuse of
Exchange systems and delays in order processing as a result of large
volume or other capacity issues, commonly known as ``queuing,'' are not
considered Exchange system failures.
    In order for a member organization to be eligible to receive
payment for a claim, it must incur a net loss equal to or greater than
$5,000. That is, the loss must total $5,000 after any profits received
in relation to the same incident are subtracted. Claims must be
submitted on a per incident basis. Member organizations are not
permitted to aggregate losses incurred as a result of more than one
system failure in order to satisfy the $5,000 minimum claim
requirement.
    In addition to the minimum claim requirement, member organizations
are required to informally notify the Exchange's Division of Floor
Operations of a suspected Exchange system failure by the opening of the
next business day following an incident. Formal written notice of the
suspected Exchange system failure must be provided to the Exchange's
Division of Floor Operations no later than end of the third business
day after the incident.
    Once in receipt of a claim, the Exchange's Division of Floor
Operations will verify that: (i) A valid order was accepted into
Exchange's systems; and (ii) an Exchange system failure occurred during
the execution or handling of that order. If all of the criteria for
submitting a claim have been met, the claim will be qualified for
processing with all other eligible claims at the end of the calendar
month in which the incident occurred.
b. Exchange Funds Available for Claims
    Pursuant to proposed Rule 18, the Exchange will allot $500,000 each
calendar month (``Monthly Allotment'') to be used for payments to
member organizations that qualify for compensation under the Rule. The
Monthly Allotment constitutes the initial amount to be contributed by
the Exchange to provide compensation in relation to Exchange system
failures for each calendar month regardless of the total dollar amount
of claims eligible for payment. The Monthly Allotments do not
aggregate, and except as set forth below, the Monthly Allotment for
each calendar month is $500,000. In the event that less than $250,000
of the Monthly Allotment is paid out for a given calendar month,
$50,000 of that month's remaining Monthly Allotment (``Supplemental
Allotment'') will be added to a supplemental fund available for payment
in subsequent calendar months. For example, if during the first full
calendar month of operating under proposed NYSE Rule 18, the total
amount paid to member organizations is $100,000, leaving $400,000
remaining from the original Monthly Allotment, the following month, the
Exchange will allot the Monthly Allotment of $500,000 and an additional
$50,000 will be carried over from the previous calendar month's
remaining balance for a total of $550,000 eligible for payment to
member organizations in the second calendar month.
    This Supplemental Allotment will only be used to pay claims after
the Monthly Allotment is exhausted. If claims are satisfied by the
Monthly Allotment, the Supplemental Allotment, or any unused portion
thereof, will be carried forward every month. Every month that does not
pay out more than $250,000 of the Monthly Allotment will result in a
Supplemental Allotment to the subsequent Monthly Allotment as described
above. If in any calendar month the amount of funds required to pay
eligible claims of member organizations is equal to or exceeds $250,000
of the Monthly Allotment, no Supplemental Allotment will be added to
the Monthly Allotment for the subsequent calendar month.
    The Exchange shall determine what, if any, maximum dollar amount
may accrue over time as part of the Supplemental Allotment. Any and all
Exchange determinations as to a maximum dollar amount that may accrue
over time as part of the Supplemental Allotment shall be formally
reflected in the text of Rule 18. In addition, after a few years of
Rule 18's implementation, Exchange management intends to review both
the maximum dollar amount, if any, which may be accrued as part of the
Supplemental Allotment and the Monthly Allotment to determine whether
they are appropriate. The Exchange understands that it would be
required to file a proposed rule change should Exchange management
determine to establish or change any maximum dollar amount for the
Supplement Allotment or to modify the amount of the Monthly
Allotment.\5\
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    \5\ Telephone conversation between Deanna Logan, Director,
Office of the General Counsel, NYSE, and Nathan Saunders, Special
Counsel, Division of Market Regulation (``Division''), Commission,
on March 29, 2007.
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c. Other Funds Available for Payment of Claims
    In addition to the Monthly Allotment and Supplemental Allotment,
the Exchange proposes to amend Exchange Rule 134.40 to provide that any
error transactions in a member organization's account in relation to an
Exchange system failure which results in a profit

equal to or greater than $5,000 must be remitted to the Exchange
(``Profit Contribution''). Profit Contributions will be added to the
Monthly Allotment and any Supplemental Allotment.
    Currently, pursuant to Exchange Rule 134.40, member organizations
must report certain profits to the Exchange, but are not required to
remit any part thereof to the Exchange. The Exchange proposes to amend
Rule 134.40 to require that profits equal to or greater than $5,000
gained in relation to an Exchange system failure be remitted to the
Exchange in order to be applied to payments to member organizations
pursuant to proposed NYSE Rule 18.
    The Profit Contribution will operate similarly to the Supplemental
Allotment in that it will only be used for payments after all other
funds are exhausted (i.e., Monthly Allotment and any Supplemental
Allotment). In the event that the payments to member organizations are
satisfied by the Monthly Allotment and any Supplemental Allotment, then
the Profit Contribution will carry over each subsequent calendar month
until required for the payments of eligible claims.
d. Compensation Payments to Claimants
    In order to review qualified claims and administer payments, the
Exchange will establish a panel consisting of three (3) Floor Governor
and three (3) Exchange employees (the ``Compensation Review Panel'').
The Compensation Review Panel will meet and review all the claims that
are submitted for a calendar month in order to determine: (i) If each
claim satisfies all the criteria for payment; and (ii) the amount to be
paid on the claim (``approved claims'').
    As part of its determination, the Compensation Review Panel must
review the actions of the member organization and its employees before
and after the error occurred in order to determine if any of the
claimant's actions contributed to the loss sustained. The Compensation
Review Panel may increase or reduce the amount deemed eligible for
payment as a result of its review. All decisions by the Compensation
Review Panel are final.
    The determinations of the Compensation Review Panel will be by
majority vote. In the event of deadlock, all relevant information about
the claim will be sent to the Chief Executive Officer of the Exchange
(``CEO'') or the President or his or her designee who will make a final
determination. Like the determinations of the Compensation Review
Panel, all the determinations of the CEO are final.
    Once each claim is reviewed and the amount to be paid on each
approved claim is decided, the Compensation Review Panel will total the
dollar amount of all approved claims for the calendar month under
review. If the total dollar amount of approved claims is less than the
Monthly Allotment, then the claims will be paid to the claimants in
full. If the total amount of approved claims exceeds the Monthly
Allotment, then any Supplemental Allotment and/or Profit Contribution
will be added to the Monthly Allotment in order to satisfy approved
claims. In the event that the approved claims for a month exceed the
sum of the Monthly Allotment, the Supplemental Allotment (if any), and
the Profit Contribution (if any), then the approved claims will be paid
out to member organizations based upon the proportion that each
eligible claim bears to the total amount of all approved claims.
e. Retroactivity of Proposed Rule 18
    The Exchange further requests to have proposed NYSE Rule 18
function retroactively. Specifically, the Exchange seeks to allow
member organizations to submit claims to the Exchange for any alleged
Exchange system failures that occurred between September 1, 2006 and
the date of Commission approval of the proposed rule. After Commission
approval, all other claims must be submitted as prescribed by the rule.
The Monthly Allotment will be set aside for each calendar month in the
period for which Rule 18 is retroactively effective.\6\ However, the
Supplemental Allotment and Profit Contribution provisions of the rule
will not be retroactive, but will begin to accrue the month after
Commission approval of proposed Rule 18 in accordance with provisions
governing those funds.
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    \6\ Telephone conversation between Deanna Logan, Director,
Office of the General Counsel, NYSE, and Nancy Sanow, Assistant
Director, and Nathan Saunders, Special Counsel, Division,
Commission, on March 7, 2007.
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2. Statutory Basis
    The Exchange's basis under the Act \7\ for this proposed rule
change is the requirement under Section 6(b)(5) \8\ that an Exchange
have rules that are designed to promote just and equitable principles
of trade, to foster cooperation and coordination with persons engaged
in regulating, clearing, settling, processing information with respect
to, and facilitating transactions in securities, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system and, in general, to protect investors and the public
interest.
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    \7\ 15 U.S.C. 78a.
    \8\ 15 U.S.C. 78f(b)(5).
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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

    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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) As the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding, or (ii) as to
which the Exchange consents, the Commission will:
    (A) By order approve the proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-NYSE-2007-09 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-2007-09. 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 the filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; 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-2007-09 and should be submitted on or before April 26, 2007.
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\9\
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-6376 Filed 4-4-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 164 (Thursday, August 23, 2012)]
[Notices]
[Pages 51031-51032]
[FR Doc No: 2012-20782]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No: FDA-2012-N-0001]

Science Board to the Food and Drug Administration; Notice of
Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Science Board to the Food and Drug
Administration (Science Board).
    General Function of the Committee: The Science Board provides
advice primarily to the Commissioner of Food and Drugs and other
appropriate officials on specific complex scientific and technical
issues important to the FDA and its mission, including emerging issues
within the scientific community. Additionally, the Science Board
provides advice to the Agency on keeping pace with technical and
scientific developments including in regulatory science; and input into
the Agency's research agenda; and on upgrading its scientific and
research facilities and training opportunities. It will also provide,
where requested, expert review of Agency-sponsored intramural and
extramural scientific research programs.

DATES: Date and Time: The meeting will be held on Wednesday, October 3,
2012, from approximately 8:30 a.m. to 5 p.m.
    Location: FDA White Oak Campus, 10903 New Hampshire Ave., Building
31 Conference Center, the Great Room (rm 1503), Silver Spring, MD
20993. For those unable to attend in person, the meeting will also be
webcast. The link for the webcast is available at https://collaboration.fda.gov/scienceboard/. Information regarding special
accommodations due to a disability, visitor parking, and transportation
may be accessed at: http://www.fda.gov/AdvisoryCommittees/default.htm,
under the heading ``Resources for You,'' click on ``Public Meetings at
the FDA White Oak Campus.'' Please note that visitors to the White Oak
Campus must enter through Building 1.
    Contact Person: Martha Monser, Office of the Chief Scientist,
Office of the Commissioner, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 32, rm. 4286, Silver Spring, MD 20993, 301-796-
4627, or FDA Advisory Committee Information Line, 1-800-741-8138 (301-
443-0572 in the Washington, DC area), to find out further information
regarding FDA advisory committee information. A notice in the Federal
Register about last minute modifications that impact a previously
announced advisory committee meeting cannot always be published quickly
enough to provide timely notice. Therefore, you should always check the
Agency's Web site at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm and scroll down to the appropriate advisory committee
meeting link, or call the advisory committee information line to learn
about possible modifications before coming to the meeting.
    Agenda: The Science Board will be presented with a draft charge to
establish a new subcommittee to evaluate the Agency's continuing work
to address the challenges identified in the Board's 2007 ``Science and
Mission at Risk'' Report. The Science Board will be provided with
updates from the Center for Devices and Radiological Health Research
Review subcommittee and the Global Health subcommittee. The Science
Board will also hear progress updates on nanotechnology and the ongoing
activities in the priority areas outlined in the Strategic Plan for
Regulatory Science. Overviews of genomics activities at the National
Center for Toxological Research and the Center for Biologics Evaluation
and Research will be presented. Finally, the recipients of the FY2012
Scientific Achievement awards (selected by the Science Board) will
provide overviews of the activities for which the awards were given.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the

appropriate advisory committee meeting link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
Wednesday, September 26, 2012. Oral presentations from the public will
be scheduled between approximately 1 p.m. and 1:30 p.m. Those
individuals interested in making formal oral presentations should
notify the contact person and submit a brief statement of the general
nature of the evidence or arguments they wish to present, the names and
addresses of proposed participants, and an indication of the
approximate time requested to make their presentation on or before
Tuesday, September 18, 2012. Time allotted for each presentation may be
limited. If the number of registrants requesting to speak is greater
than can be reasonably accommodated during the scheduled open public
hearing session, FDA may conduct a lottery to determine the speakers
for the scheduled open public hearing session. The contact person will
notify interested persons regarding their request to speak by
Wednesday, September 19, 2012.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Martha Monser at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: August 17, 2012.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2012-20782 Filed 8-22-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Rules and Regulations]
[Pages 34957-34959]
[FR Doc No: 2020-12342]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

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

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

========================================================================

Federal Register / Vol. 85, No. 110 / Monday, June 8, 2020 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0239; Product Identifier 2018-SW-073-AD; Amendment
39-21136; AD 2020-12-02]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

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

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus Helicopters Model EC120B helicopters. This AD was prompted by a
report that a changed manufacturing process for the tail rotor blades
(TRB) was implemented, affecting the structural characteristics of the
blades and generating a new part number for these blades. This AD
requires re-identifying each affected TRB having a certain part number
and serial number and establishing a life limit for the new part
numbers. This AD also prohibits installation of any affected TRB
identified with the old part number on any helicopter. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective July 13, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 13,
2020.

ADDRESSES: For service information identified in this final rule,
contact Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at
https://www.airbus.com/helicopters/services/technical-support.html. You
may view this service information at the FAA, Office of the Regional
Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort
Worth, TX 76177. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>. It is also available on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0239.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0239; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Aviation Safety
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Airbus Helicopters
Model EC120B helicopters. The NPRM published in the Federal Register on
March 11, 2020 (85 FR 14178). The NPRM was prompted by a report that a
changed manufacturing process for the TRB was implemented, affecting
the structural characteristics of the blades and generating a new part
number for these blades. The NPRM proposed to require re-identifying
each affected TRB having a certain part number and serial number and
establishing a life limit for the new part numbers. The NPRM also
proposed to prohibit installation of any affected TRB identified with
the old part number on any helicopter. The FAA is issuing this AD to
ensure the new part number (P/N) TRBs do not exceed their life limit,
which could lead to loss of the TRB and subsequent loss of control of
the helicopter.
    The European Aviation Safety Agency (now European Union Aviation
Safety Agency) (EASA), which is the Technical Agent for the Member
States of the European Union, has issued EASA AD 2018-0183, dated
August 28, 2018 (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus Helicopters Model EC120B helicopters. You may
examine the MCAI in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0239.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed,
except for minor editorial changes. The FAA has determined that these
minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Airbus Helicopters has issued Alert Service Bulletin EC120-04A008,
Revision 0, dated July 18, 2018 (``ASB EC120-04A008''). This service
information describes procedures for re-identifying a TRB with P/N
C642A0300103 for certain serial numbers as specified in ASB EC120-
04A008. This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 94 helicopters of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................           $0 **              $85         $7,990 *
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data that would enable providing cost estimates for the additional
  applicable maintenance instructions specified in this AD.
** The FAA has received no definitive data on the parts cost.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2020-12-02 Airbus Helicopters: Amendment 39-21136; Docket No. FAA-
2020-0239; Product Identifier 2018-SW-073-AD.

(a) Effective Date

    This AD is effective July 13, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Model EC120B
helicopters, certificated in any category.

(d) Subject

    The Joint Aircraft System/Component (JASC) Code 6410, Tail rotor
blades.

(e) Reason

    This AD was prompted by a report that a new manufacturing
process for the tail rotor blades (TRBs) has been implemented,
affecting the structural characteristics of the TRB and generating a
new part number (P/N) for these blades. It was determined that a new
life limit is needed for the new P/N TRBs. The FAA is issuing this
AD to ensure the new P/N TRBs do not exceed their life limit, which
could lead to loss of the TRB and subsequent loss of control of the
helicopter.

(f) Compliance

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

(g) Definition of an Affected Part for Re-Identification and Validation
of Rework/Repair/Modification

    An ``affected part'' is a TRB having P/N C642A0300103 and a
serial number specified in Appendix 4.A. of Airbus Helicopters Alert
Service Bulletin EC120-04A008, Revision 0, dated July 18, 2018
(``ASB EC120-04A008'').

(h) Part Replacement (Life Limit Implementation)

    Before exceeding 8,500 hours time-in-service (TIS) since first
installation on a helicopter: Remove from service each TRB having P/
N C642A0300104 or P/N C642A0300105.

(i) Part Re-Identification and Validation of Rework/Repair/Modification

    (1) Within 1,000 hours TIS after the effective date of this AD:
Re-identify each affected part in accordance with 3.B. of the
Accomplishment Instructions of ASB EC120-04A008.
    (2) Within 6 months after the effective date of this AD, for
each affected part which has been subject to rework, repair, or
modification before the re-identification as required by paragraph
(i)(1) of this AD, contact the Manager, Safety Management Section,
Rotorcraft Standards Branch, FAA, for additional applicable
maintenance instructions and, within the compliance time identified
in those instructions, accomplish those instructions accordingly.

(j) Parts Installation Prohibition and Rework/Repair/Modification
Limitation

    (1) As of the effective date of this AD, no person may install a
TRB having P/N C642A0300103 and a serial number specified in
Appendix 4.A. of ASB EC120-04A008 on any helicopter.
    (2) As of the effective date of this AD, no person may
accomplish any rework, repair, or modification of an affected part,
unless it has been determined that the rework, repair, or
modification is FAA-approved for P/N C642A0300105.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards
Branch, FAA, may approve AMOCs for this AD. Send your proposal to:
Kristi Bradley, Aviation Safety Engineer, Safety Management Section,
Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth,
TX 76177; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, notify your
principal inspector or lacking a principal inspector, the manager of
the local flight standards district office or certificate holding
district office, before operating any aircraft complying with this
AD through an AMOC.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency (now European Union Aviation
Safety Agency) AD 2018-0183, dated August 28, 2018, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2020-0239.

    (2) For more information about this AD, contact Kristi Bradley,
Aviation Safety Engineer, Safety Management Section, Rotorcraft
Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Helicopters Alert Service Bulletin EC120-04A008,
Revision 0, dated July 18, 2018.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX 75052;
telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at
https://www.helicopters.airbus.com/website/en/ref/Technical-Support_73.html.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 28, 2020.
Lance T. Gant,
 Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-12342 Filed 6-5-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Notices]
[Pages 35082-35083]
[FR Doc No: 2021-14067]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-527-000]

Columbia Gulf Transmission, LLC; Notice of Availability of The
Draft Environmental Impact Statement for The Proposed East Lateral
Xpress Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared a draft environmental impact statement (EIS)
for the East Lateral XPress Project (Project), proposed by Columbia
Gulf Transmission, LLC (Columbia Gulf) in the above-referenced docket.
Columbia Gulf requests authorization to construct and operate natural
gas transmission facilities in Louisiana. The Project is designed to
provide a total of 725 million standard cubic feet per day of firm
transportation capacity, through a combination of incremental and
existing capacity on Columbia Gulf's interstate natural gas pipeline
system, to an interconnect with Venture Global Gator Express, LLC, for
ultimate delivery as feed gas for Venture Global Plaquemines LNG, LLC's
facility in Plaquemines Parish.
    The draft EIS responds to comments that were received on the
Commission's March 16, 2021 Environmental Assessment (EA) \1\ and
discloses downstream greenhouse gas emissions for the Project. With the
exception of climate change impacts, the FERC staff concludes that
approval of the proposed Project, with the mitigation measures
recommended in this EIS, would not result in significant environmental
impacts. FERC staff continues to be unable to determine significance
with regards to climate change impacts.
---------------------------------------------------------------------------

    \1\ The Project's Environmental Assessment is available on
eLibrary under accession no. 20210316-3010.
---------------------------------------------------------------------------

    The draft EIS incorporates the above referenced EA, which addressed
the potential environmental effects of the construction and operation
of the following Project facilities:
     8.1 miles of 30-inch-diameter pipeline lateral within
Barataria Bay in Jefferson and Plaquemines Parish, Louisiana;
     Centerville Compressor Station--a new 23,470-horsepower
(hp) compressor station at an abandoned Columbia Gulf compressor
station site in St. Mary Parish, Louisiana;
     Golden Meadow Compressor Station--a new 23,470-hp
compressor station adjacent to an existing tie-in facility in Lafourche
Parish, Louisiana;
     a point of delivery meter station in Plaquemines Parish,
Louisiana; and
     a tie-in facility with two mainline valves and other
appurtenances on a new platform in Barataria Bay, Jefferson Parish,
Louisiana.
    The Commission mailed a copy of the Notice of Availability of the
Draft Environmental Impact Statement for the Proposed East Lateral
Xpress Project to federal, state, and local government representatives
and agencies; elected officials; environmental and public interest
groups; Native American tribes; potentially affected landowners and
other interested individuals and groups; and newspapers and libraries
in the Project area. The draft EIS is only available in electronic
format. It may be viewed and downloaded from the FERC's website
(www.ferc.gov), on the natural gas environmental documents page
(https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). In addition, the draft EIS may be accessed by
using the eLibrary link on the FERC's website. Click on the eLibrary
link (https://elibrary.ferc.gov/eLibrary/search) select ``General
Search'' and enter the docket number in the ``Docket Number'' field
(i.e., CP20-527). Be sure you have selected an appropriate date range.
For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.
    The draft EIS is not a decision document. It presents Commission
staff's independent analysis of the environmental issues for the
Commission to consider when addressing the merits of all issues in this
proceeding. Any person wishing to comment on the draft EIS may do so.
Your comments should focus on the draft EIS's disclosure and discussion
of potential environmental effects, including climate impacts, measures
to avoid or lessen environmental impacts, and completeness of the
submitted alternatives, information and analyses. To ensure
consideration of your comments on the proposal in the final EIS, it is
important that the Commission receive your comments on or before 5:00
p.m. Eastern Time on August 16, 2021.

    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or<EMAIL_ADDRESS>Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's website (www.ferc.gov) under the link to
FERC Online. This is an easy method for submitting brief, text-only
comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature on the Commission's website (www.ferc.gov) under the link to
FERC Online. With eFiling, you can provide comments in a variety of
formats by attaching them as a file with your submission. New eFiling
users must first create an account by clicking on ``eRegister.'' If you
are filing a comment on a particular project, please select ``Comment
on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (CP20-
527-000) on your letter. Submissions sent via the U.S. Postal Service
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426. Submissions sent via any other carrier must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Any person seeking to become a party to the proceeding must file a
motion to intervene pursuant to Rule 214 of the Commission's Rules of
Practice and Procedures (18 CFR part 385.214). Motions to intervene are
more fully described at https://www.ferc.gov/ferc-online/ferc-online/how-guides. Only intervenors have the right to seek rehearing or
judicial review of the Commission's decision. The Commission grants
affected landowners and others with environmental concerns intervenor
status upon showing good cause by stating that they have a clear and
direct interest in this proceeding which no other party can adequately
represent. Simply filing environmental comments will not give you
intervenor status, but you do not need intervenor status to have your
comments considered.

Questions?

    Additional information about the Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. The eLibrary link
also provides access to the texts of all formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to https://www.ferc.gov/ferc-online/overview to
register for eSubscription.

    Dated: June 25, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-14067 Filed 6-30-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: April 2, 2007 (Volume 72, Number 62)]
[Notices]
[Page 15674]
[DOCID:fr02ap07-38]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. GP94-2-016]

Columbia Gas Transmission Corporation; Notice of Refund Report

March 27, 2007.
    Take notice that on March 20, 2007, Columbia Gas Transmission
Corporation (Columbia) tendered for filing its Refund Report made to
comply with the April 17, 1995 Settlement (Settlement) in Docket No.
GP94-2, et al. as approved by the Commission on June 15, 1995 (Columbia
Gas Transmission Corp., 71 FERC ] 61,337 (1995)).
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing 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. Such protests
must be filed on or before the date as indicated below. Anyone filing a
protest must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests 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 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
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TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on April 3, 2007.

Philis J. Posey,
Acting Secretary.
[FR Doc. E7-5995 Filed 3-30-07; 8:45 am]

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[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Proposed Rules]
[Pages 480-482]
[FR Doc No: 2010-33334]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1306; Directorate Identifier 2010-NM-112-AD]
RIN 2120-AA64

Airworthiness Directives; Dassault-Aviation Model FALCON 7X
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    A design review has revealed a potential dormant failure of the
Ram Air Turbine (RAT) heating system. If this failure occurs, it
could lead to the freezing of the RAT mechanism and the consequent
non-deployment of the RAT when needed.
* * * * *

Non-deployment of the RAT could result in insufficient electrical power
to operate the fly-by-wire system, and

subsequent loss of control of the airplane. The proposed AD would
require actions that are intended to address the unsafe condition
described in the MCAI.

DATES: We must receive comments on this proposed AD by February 22,
2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-1306;
Directorate Identifier 2010-NM-112-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2010-0033, dated March 3, 2010 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    A design review has revealed a potential dormant failure of the
Ram Air Turbine (RAT) heating system. If this failure occurs, it
could lead to the freezing of the RAT mechanism and the consequent
non-deployment of the RAT when needed.

    The purpose of this AD is to require a repetitive functional
test of the RAT heater * * *.

Non-deployment of the RAT could result in insufficient electrical power
to operate the fly-by-wire system, and subsequent loss of control of
the airplane. The corrective action is repairing using a method
approved by either the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA; or the European Aviation Safety
Agency (EASA) (or its delegated agent). You may obtain further
information by examining the MCAI in the AD docket.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 21 products of U.S. registry. We also estimate that
it would take about 1 work-hour per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $1,785, or $85 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

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

    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Dassault-Aviation: Docket No. FAA-2010-1306; Directorate Identifier
2010-NM-112-AD.

Comments Due Date

    (a) We must receive comments by February 22, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Dassault-Aviation Model FALCON 7X
airplanes, certificated in any category, all serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 24:
Electrical power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    A design review has revealed a potential dormant failure of the
Ram Air Turbine (RAT) heating system. If this failure occurs, it
could lead to the freezing of the RAT mechanism and the consequent
non-deployment of the RAT when needed.
* * * * *
Non-deployment of the RAT could result in insufficient electrical
power to operate the fly-by-wire system, and subsequent loss of
control of the airplane.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Actions

    (g) At the applicable times specified in paragraph (g)(1) or
(g)(2) of this AD, do a functional test of the RAT heater using a
method approved by either the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or the European Aviation
Safety Agency (EASA) (or its delegated agent). Repeat the functional
test of the RAT heater thereafter at the applicable time specified
in paragraph (g)(1) or (g)(2) of this AD. If any functional test
fails, before further flight, repair using a method approved by
either the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or EASA (or its delegated agent).
    (1) For Falcon 7X airplanes on which modification M0305 has not
been done and on which Dassault Service Bulletin 7X-018, dated March
6, 2009, has not been done: Within 650 flight hours after the
effective date of this AD, do a functional test of the RAT heater
and repeat the functional test of the RAT heater thereafter at
intervals not to exceed 650 flight hours.
    (2) For Falcon 7X airplanes on which modification M0305 has been
done or on which Dassault Service Bulletin 7X-018, dated March 6,
2009, has been done: Within 1,900 flight hours after the effective
date of this AD or after modification M0305 or Dassault Service
Bulletin 7X-018, dated March 6, 2009, has been done, whichever
occurs later, do a functional test of the RAT heater: Repeat the
functional test of the RAT heater thereafter at intervals not to
exceed 1,900 flight hours.

    Note 1: Additional guidance for doing the functional test of the
RAT heater required by paragraph (g) of this AD can be found in Task
24-50-25-720-801, Functional Test of the RAT Heater, dated January
16, 2009, of the Dassault Falcon 7X Aircraft Maintenance Manual
(AMM).

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information
as follows:
    (1) The MCAI provides an option of inserting the MCAI into the
Falcon 7X AMM Chapter 5-40, pending publication of the revised AMM
Chapter 5-40. This AD does not have that option.
    (2) The MCAI requires doing the actions in accordance with
Maintenance Task 24-50-25-720-801, Chapter 5-40, of the Dassault
Falcon 7X AMM. However, this AD requires that the actions be done
using a method approved by the FAA or EASA (or its delegated agent).

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. Send information to ATTN: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1137; fax<PHONE_NUMBER>. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards District Office. The AMOC approval letter must
specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: A Federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.,
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

Related Information

    (i) Refer to MCAI EASA Airworthiness Directive 2010-0033, dated
March 3, 2010, for related information.

    Issued in Renton, Washington, on December 27, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-33334 Filed 1-4-11; 8:45 am]
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