[Federal Register: May 4, 2006 (Volume 71, Number 86)]
[Proposed Rules]
[Page 26297-26299]
[DOCID:fr04my06-27]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2006-0280; FRL-8165-5]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; VOC and NOX RACT Determinations for Seven Individual
Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA proposes to approve revisions to the Pennsylvania State
Implementation Plan (SIP). The revisions were submitted by the
Pennsylvania Department of Environmental Protection (PADEP) to
establish and require reasonably available control technology (RACT)
for seven major sources of volatile organic compounds (VOC) and
nitrogen oxides (NOX) pursuant to the Commonwealth of
Pennsylvania's (Pennsylvania or the Commonwealth) SIP-approved generic
RACT regulations. EPA is proposing to approve these revisions in
accordance with the Clean Air Act (CAA).

DATES: Written comments must be received on or before June 5, 2006.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2006-0280 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for

submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2006-0280, Makeba Morris, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2006-0280. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site

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

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

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

Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Pennsylvania Department of
Environmental Protection, Bureau of Air Quality, P.O.

Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Pauline De Vose,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On February 4, 2003 and November 21, 2005,
PADEP submitted revisions to the Pennsylvania SIP. These SIP revisions
consist of source-specific operating permits, and/or plan approvals
issued by PADEP to establish and require RACT for sixteen individual
sources on February 4, 2003, and sixteen individual sources on November
21, 2005 pursuant to Pennsylvania's SIP-approved generic RACT
regulations. This proposed rulemaking covers the Commonwealth's source-
specific RACT determinations for seven of those sources. The remaining
RACT determinations submitted by PADEP on February 4, 2003 and November
21, 2005 will be the subject of separate rulemakings.

I. Background

    Pursuant to sections 182(b)(2) and 182(f) of the CAA, Pennsylvania
is required to establish and implement RACT for all major VOC and
NOX sources. The major source size is determined by its
location, the classification of that area and whether it is located in
the ozone transport region (OTR). Under section 184 of the CAA, RACT as
specified in sections 182(b)(2) and 182(f) applies throughout the OTR.
The entire Commonwealth is located within the OTR. Therefore, RACT is
applicable statewide in Pennsylvania.
    State implementation plan revisions imposing RACT for three classes
of VOC sources are required under section 182(b)(2). The categories
are:
    (1) All sources covered by a Control Technique Guideline (CTG)
document issued between November 15, 1990 and the date of attainment;
    (2) All sources covered by a CTG issued prior to November 15, 1990;
and
    (3) All major non-CTG sources.
    The Pennsylvania SIP already has approved RACT regulations and
requirements for all sources and source categories covered by the CTGs.
The Pennsylvania SIP also has approved regulations to require major
sources of NOX and additional major sources of VOC emissions
(not covered by a CTG) to implement RACT. These regulations are
commonly termed the ``generic RACT regulations''. A generic RACT
regulation is one that does not, itself, specifically define RACT for a
source or source categories but instead establishes procedures for
imposing case-by-case RACT determinations. The Commonwealth's SIP-
approved generic RACT regulations consist of the procedures PADEP uses
to establish and impose RACT for subject sources of VOC and
NOX. Pursuant to the SIP-approved generic RACT rules, PADEP
imposes RACT on each subject source in an enforceable document, usually
a Plan Approval (PA), or Operating Permit (OP). The Commonwealth then
submits these PAs, or OPs to EPA for approval as source-specific SIP
revisions. EPA reviews these SIP revisions to ensure that the PADEP has
determined and imposed RACT in accordance with the provisions of the
SIP-approved generic RACT rules.
    It must be noted that the Commonwealth has adopted and is
implementing additional ``post RACT requirements'' to reduce seasonal
NOX emissions in the form of a NOX cap and trade
regulation, 25 Pa Code Chapters 121 and 123, based upon a model rule
developed by the States in the OTR. That regulation was approved as a
SIP revision on June 6, 2000 (65 FR 35842). Pennsylvania has also
adopted 25 Pa Code Chapter 145 to satisfy Phase I of the NOX
SIP call. That regulation was approved as a SIP revision on August 21,
2001 (66 FR 43795). Federal approval of a source-specific RACT
determination for a major source of NOX in no way relieves
that source from any applicable requirements found in 25 Pa Code
Chapters 121, 123 and 145.

II. Summary of the SIP Revisions

    The following table identifies the sources and the individual
operating permits (OPs) which are the subject of this rulemaking.

                      Pennsylvania--VOC and NOX RACT Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
                                                        Operating
         Source's name                 County          permit  (OP       Source type         ``Major source''
                                                       )                               pollutant
----------------------------------------------------------------------------------------------------------------
The Frog, Switch &               Cumberland........         21-2011  Manganese Steel     VOC.
 Manufacturing Co.                                                    and Castings
                                                                      Foundry.
Armstrong World Industries, Inc  Lancaster.........         36-2002  Sheet and Flooring  VOC and NOX.
                                                                      Products
                                                                      Manufacturer.
Merck & Co., Inc...............  Northumberland....        49-0007B  Chemical Process    VOC and NOX.
                                                                      Facility.
Peoples Natural Gas Company....  Clarion...........          16-124  Natural Gas         VOC and NOX.
                                                                      Compressor.
Dart Container Corporation.....  Lancaster.........         36-2015  Expanded            VOC and NOX.
                                                                      Polystyrene
                                                                      Manufacturing
                                                                      Facility.
AT&T Microelectronics..........  Lehigh............         39-0001  Semiconductors      VOC and NOX.
                                                                      Manufacturing.
West Penn Power Co.............  Greene............      30-000-099  Power Plant.......  VOC and NOX.
----------------------------------------------------------------------------------------------------------------

    Interested parties are advised that copies of Pennsylvania's SIP
submittals for these sources, including the actual OPs imposing RACT,
PADEP's evaluation memoranda and the sources' RACT proposals
(referenced in PADEP's evaluation memoranda) are included and may be
viewed in their entirety in both the electronic and hard copy versions
of the docket for this final rule. As previously stated, all documents
in the electronic docket are listed in the http://www.regulations.gov

index. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy during

normal business hours at the Air Protection Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. Copies of the State submittal are
available at the Pennsylvania Department of Environmental Protection,
Bureau of Air Quality, P.O. Box 8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.
    EPA is approving these RACT SIP submittals because PADEP
established and imposed these RACT requirements in accordance with the
criteria set forth in its SIP-approved generic RACT regulations
applicable to these sources. In accordance with its SIP-approved
generic RACT rule, the Commonwealth has also imposed recordkeeping,
monitoring, and testing requirements on these sources sufficient to
determine compliance with the applicable RACT determinations.

III. Proposed Action

    EPA is approving the revisions to the Pennsylvania SIP submitted by
PADEP on February 4, 2003 and November 21, 2005 to establish and
require VOC and NOX RACT for seven individual sources
pursuant to the Commonwealth's SIP-approved generic RACT regulations.
EPA is soliciting public comments on this proposed rule to approve
these source-specific RACT determinations established and imposed by
PADEP in accordance with the criteria set forth in its SIP-approved
generic RACT regulations applicable to these sources. These comments
will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)).
This action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Pub. L. 104-4). This proposed rule also does not have a
substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely proposes to approve a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing
this proposed rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
    This proposed rule to approve seven source-specific RACT
determinations established and imposed by the Commonwealth of
Pennsylvania pursuant to its SIP-approved generic RACT regulations does
not impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

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

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

    Dated: April 24, 2006.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E6-6771 Filed 5-3-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Proposed Rules]
[Pages 63252-63257]
[FR Doc No: 2011-26086]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 257, 261, 264, 265, 268, 271 and 302

[EPA-HQ-RCRA-2011-0392; FRL-9476-6]
RIN 2050-AE81

Hazardous and Solid Waste Management System: Identification and
Listing of Special Wastes; Disposal of Coal Combustion Residuals From
Electric Utilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Data Availability and Request for Comment.

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

SUMMARY: This Notice announces and invites comment on additional
information obtained by the Environmental Protection Agency (Agency or
EPA) in conjunction with the proposed rule: Hazardous and Solid Waste
Management System: Identification and Listing of Special Wastes;
Disposal of Coal Combustion Residuals From Electric Utilities that was
published in the Federal Register on June 21, 2010 (75 FR 35127). This
information is generally categorized as: Chemical constituent data from
coal combustion residuals (CCRs); Facility and waste management unit
data; Information on additional alleged damage cases; Adequacy of State
programs; and Beneficial Use. In addition, EPA is considering a variety
of possible approaches to update and enhance the risk assessment and
the regulatory impact analysis (RIA) supporting the development of the
final rule. EPA is specifically soliciting comments on the validity and
propriety of the use of all new information, data, and potential
analyses being noticed today. The Agency is only requesting comment on
the information either specifically identified in this Notice or
located in the docket for this Notice and is not reopening any other
aspect of the proposal or the underlying support documents that were
previously available for comment. Comments submitted on any issues
other than those specifically identified in this Notice will be
considered ``late comments,'' and EPA will not respond to such
comments, nor will they be

considered part of the rulemaking record.

DATES: Submit comments on or before November 14, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2011-0392, by one of the following methods:
    (1) http://www.regulations.gov: Follow the online instructions for
submitting comments.
    (2) E-mail: Comments may be sent by electronic mail (e-mail) to
<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-RCRA-2011-0392. In
contrast to EPA's electronic public docket, EPA's e-mail system is not
an ``anonymous access'' system. If you send an e-mail comment directly
to the Docket without going through EPA's electronic public docket,
EPA's e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
    (3) Fax: Comments may be faxed to<PHONE_NUMBER>. Attention Docket ID
No. EPA-HQ-RCRA-2011-0392.
    (4) Mail: Send two copies of your comments to Hazardous and Solid
Waste Management System: Identification and Listing of Special Wastes;
Disposal of Coal Combustion Residuals From Electric Utilities: Notice
of Data Availability and Request for Comment, Environmental Protection
Agency, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC
20460. Attention Docket ID No. EPA-HQ-RCRA-2011-0392.
    (5) Hand Delivery: Deliver two copies of your comments to the
Hazardous and Solid Waste Management System: Identification and Listing
of Special Wastes; Disposal of Coal Combustion Residuals From Electric
Utilities: Notice of Data Availability and Request for Comment Docket,
EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington,
DC 20460. Attention Docket ID No. EPA-HQ-RCRA-2011-0392. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-RCRA-
2011-0392. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI), or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. For additional instructions on submitting
comments, go to the SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Hazardous and
Solid Waste Management System: Identification and Listing of Special
Wastes; Disposal of Coal Combustion Residuals From Electric Utilities:
Notice of Data Availability and Request for Comment Docket, EPA/DC, EPA
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. This
Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The Docket telephone number is (202)
566-0270. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the Public Reading Room is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Steve Souders, Office of Resource
Conservation and Recovery (5304P), U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460-0002,
telephone<PHONE_NUMBER>, e-mail address<EMAIL_ADDRESS>or Jason
Mills, Office of Resource Conservation and Recovery (5305P), U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW,
Washington, DC 20460-0002, telephone<PHONE_NUMBER>, e-mail address
<EMAIL_ADDRESS>For more information on this rulemaking, please
visit: www.epa.gov/epawaste/nonhaz/industrial/special/fossil/ccr-rule/index.htm.

SUPPLEMENTARY INFORMATION:

I. How should I submit CBI to the agency?

    Do not submit information that you consider to be CBI
electronically through http://www.regulations.gov or by e-mail. Send or
deliver information identified as CBI only to the following address:
RCRA CBI Document Control Officer, Office of Resource Conservation and
Recovery (5305P), U.S. EPA, 1200 Pennsylvania Avenue, NW., Washington,
DC 20460, Attention Docket ID No. EPA-HQ-RCRA-2011-0392. You may claim
information that you submit to EPA as CBI by marking any part or all of
that information as CBI (if you submit CBI on disk or CD-ROM, mark the
outside of the disk or CD-ROM as CBI and then identify electronically
within the disk or CD-ROM the specific information that is CBI).
Information so marked will not be disclosed, except in accordance with
procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD-ROM, mark the outside
of the disk or CD-ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please contact:
LaShan Haynes, Office of Resource Conservation and Recovery (5305P),
U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460-0002,

telephone<PHONE_NUMBER>, e-mail address<EMAIL_ADDRESS>
II. Purpose of This Notice

    With this Notice, EPA is reopening the comment period on the
proposed rule: Hazardous and Solid Waste Management System;
Identification and Listing of Special Wastes; Disposal of Coal
Combustion Residuals from Electric Utilities (75 FR 35127, June 21,
2010), herein referred to as the ``2010 proposed rule,'' for the
limited purpose of obtaining public comment on additional information
that may be relevant to the development of a final rule. Some of the
information includes data or analyses that were received during the
comment period for the 2010 proposed rule and that could have the
potential to play a role in support for decisions in the final rule. It
also includes information obtained based on further EPA research
conducted both during and after the close of the comment period, and
which was therefore not available for public comment during the prior
comment period on the proposed rule. The NODA describes several general
categories of information and data. In addition, this Notice describes
some new information and data we have received that could be used in
potential updates and enhancements to the risk assessment and RIA for
the final rule.\1\ Note, however, that the NODA does not provide an
exhaustive presentation of all of the information and data that EPA is
placing in the associated docket and seeking comment on. All the
information subject to this notice can be accessed as described in Unit
III of this notice.
---------------------------------------------------------------------------

    \1\ The cited risk assessment, ``Draft: Human and Ecological
Risk Assessment of Coal Combustion Wastes,'' April 2010 (EPA-HQ-
RCRA-2009-0640-0002), and RIA, ``Regulatory Impact Analysis for
EPA's Proposed RCRA Regulation Of Coal Combustion Residues (CCR)
Generated by the Electric Utility Industry, '' April 2010 (EPA-HQ-
RCRA-2009-0640-0003) are available in the docket for the 2010
proposed rule.
---------------------------------------------------------------------------

    EPA is still in the process of evaluating this information and
deliberating the provisions of a final rule. Therefore EPA cannot
definitively state whether this information will provide support for
any provision of the final rule, or that the Agency has determined that
it is appropriate to rely on this information in developing the final
rule. In addition, it should not be assumed that the specific
information identified in this Notice is the full sum of information
received in comments that will be considered or that will influence the
Agency's decisions in this rulemaking. However, in the interests of
ensuring that the public has had a full and complete opportunity to
comment on the information that EPA has so far identified as having the
potential to weigh in EPA's decisions on the final rule, EPA is
reopening the comment period for the limited purpose of allowing the
public to comment on the validity and propriety of using this
information, data, and potential analyses in developing the final rule.
EPA will also review this information to ensure the data is of
sufficient quality before relying on it in deliberations on the final
rule.\2\ EPA will use its Information Quality Guidelines, as
appropriate, to evaluate information to be used in the Risk Assessment
as well as all other information which supports the regulatory
determination.\3\ In addition, EPA will also rely on the EPA Science
Policy Council Assessment Factors Guidance to evaluate the quality and
relevance of scientific and technical information.\4\
---------------------------------------------------------------------------

    \2\ The Agency's Guidelines for Ensuring and Maximizing the
Quality, Objectivity, Utility, and Integrity of Information
Disseminated by the Environmental Protection Agency contain EPA's
policy and procedural guidance for ensuring and maximizing the
quality of information that the Agency disseminates. They were
developed in response to guidelines issued by the Office of
Management and Budget (OMB) under Section 515(a) of the Treasury and
General Government Appropriations Act for Fiscal Year 2001 (Public
Law 106-554; H.R. 5658). The EPA Information Quality Guidelines are
available at: http://epa.gov/quality/informationguidelines/documents/EPA_InfoQualityGuidelines.pdf.
    \3\ Specific evaluation criteria are outlined in the Agency's
Data Quality Assessment: A Reviewer's Guide (EPA/240/B-06/002,
February 2006) and in the checklist provided at http://www.epa.gov/quality/qs-docs/cklist-secondary.pdf
    \4\ Available at http://www.epa.gov/OSA/spc/pdfs/assess2.pdf.
---------------------------------------------------------------------------

    As noted above, all of the information on which EPA is requesting
comment is either specifically identified in this Notice or is located
in the docket supporting this Notice. EPA is not reopening the comment
period on any other aspect of the proposed rule. This is not an
opportunity for the public to supplement their comments on the proposed
rule, or to raise issues that could have been raised during the
original comment period. The only issues on which the Agency is
soliciting comment relate to the information in the docket supporting
this Notice, EPA-HQ-RCRA-2011-0392, or the potential revisions to the
risk assessment specifically described in this Notice. Comments
submitted on any issues other than those specifically identified in
this Notice will be considered ``late comments'' on the proposed rule.
EPA will not respond to such comments, and they will not be considered
part of the rulemaking record.

III. Where can the information identified in this notice be found?

    Most of the information that EPA is noticing today, including the
specific comments, can be found in the docket supporting this Notice,
EPA-HQ-RCRA-2011-0392. Otherwise, the information is available from
websites at internet addresses provided in this notice. For example,
laboratory CCR leachate reports, included in Maryland Department of the
Environment Coal Combustion Byproducts Reporting Requirements which are
being noticed below are available at:  http://www.mde.state.md.us/programs/Land/SolidWaste/CoalCombustionByproducts/Pages/Programs/LandPrograms/Solid_Waste/ccbs/index.aspx. In addition, to further
assist the reader, we are also providing, where appropriate, the docket
number of the comment as it is identified in the docket supporting the
2010 proposed rule, EPA-HQ-RCRA-2009-0640. The docket number can be
found directly following the comment in a parenthetical. For example,
Southern Company provided an Electric Power Research Institute (EPRI)
report titled ``Characterization of Field Leachates at Coal Combustion
Product Management Sites,'' EPRI report 1012578 (attachment two of
document No. EPA-HQ-RCRA-2009-0640-6300). With this additional
information the reader can also use the proposed rule docket to access
the noticed information.
    Finally, most documents are available from the docket for viewing
and downloading through http://www.regulations.gov; however,
copyrighted documents are only available for viewing by visiting the
docket for the proposed rule (EPA-HQ-RCRA-2009-0640) at
regulations.gov.

IV. What new chemical constituent data are being noticed?

    EPA is soliciting comment on chemical constituent data on coal
combustion residuals (CCRs) provided by commenters, which include total
concentrations, pore water, and leaching test results for various types
of CCRs, i.e., bottom ash, fly ash, flue gas desulfurization (FGD)
gypsum, FGD sludge, fly ash cenospheres, boiler slag, and combined
waste streams. The following documents identify the new CCR constituent
data on which EPA is seeking comment.
    1. Southern Company provided an Electric Power Research Institute
(EPRI) report titled ``Characterization of Field Leachates at Coal
Combustion Product Management Sites,'' EPRI Report 1012578 (attachment
two of document

No. EPA-HQ-RCRA-2009-0640-6300). This report provides field leachate
results for bottom ash, fly ash, and FGD solids in Table A-1 of
Appendix A. The same report was provided by EPRI in their comments on
the proposed rule (EPA-HQ-RCRA-2009-0640-7776 and attachment four of
document No. EPA-HQ-RCRA-2009-0640-9765). The report is copyrighted and
not available through regulations.gov. The report may be viewed by
visiting the docket reading room or can be obtained at no charge from
EPRI at www.epri.com by searching on the document number or title in
the search bar.
    2. The Alaska Department of Environmental Conservation (ADEC)
provided a table of total metals, toxicity characteristic leaching
procedure (TCLP), and synthetic precipitation leaching procedure (SPLP)
results for a bottom ash and a fly ash sample from an electric utility,
and from a non-utility. These data are provided in Appendix A of ADECs
comments on the proposed rule (attachment one of document No. EPA-HQ-
RCRA-2009-0640-6409).
    3. The Michigan Department of Natural Resources and Environment (MI
DNRE) provided a summary table of TCLP data, ``Leach Results from
Evaluation of Ninety Coal Combustion Residuals Samples.'' These data
are provided in Attachment 1 of MI DNRE's comments (attachment three of
document No. EPA-HQ-RCRA-2009-0640-6815). MI DNRE has subsequently
provided individual TCLP results for 102 CCR samples and 12 FGD gypsum
samples, and two landfill leachate samples. These data are available in
the docket supporting this Notice.
    4. Sunflower Electric Power Corporation provided a table of SPLP
leach test results for a fly ash sample, a bottom ash sample, and four
composite sludge samples. The results are provided in a table on page
41 of the report ``Volume 2: Site Hydrogeologic Assessment, Waste
Characterization, and Fate and Transport Modeling, Holcomb Common
Facilities Industrial Landfill, July 27, 2007.'' (attachment three of
document No. EPA-HQ-RCRA-2009-0640-6912).
    5. The University of North Dakota Energy & Environmental Research
Center, on behalf of the Coal Ash Resources Research Consortium,
provided the following:
    a. A report titled ``Evaluation of Leaching Potential of Solid Coal
Combustion Wastes, Final Report'' (attachment two of document No. EPA-
HQ-RCRA-2009-0640-6996) which includes tables in Appendix D of totals
concentrations and leaching test procedure results for two fly ash
samples, a fly ash sludge, a filter cake sludge sample, and a poz-o-tec
(a mixture of fly ash, FGD sludge, and quicklime (calcium oxide))
sample.
    b. A report titled ``Mercury and Air Toxic Element Impacts of Coal
Combustion By-Product Disposal and Utilization'' (attachment two of
document No. EPA-HQ-RCRA-2009-0640-6997) which includes tables in
Appendix M of leaching test results for 58 fly ash, five FGD, and four
FGD gypsum samples using various leaching methods, but not TCLP, and
TCLP mercury results for 15 fly ash samples.
    c. Appendix E of the report titled ``Demonstration of Coal Ash for
Feedlot Surfaces'' (attachment five of document No. EPA-HQ-RCRA-2009-
0640-6998) which includes tables of leaching test results for five fly
ash and two bottom ash samples using 18-hr, 30-day, and 60-day leach
methods, plus bulk and trace element data for five fly ash samples, two
bottom ash samples, and one slag sample.
    6. In their comments on the proposed rule, EPRI provided the
following:
    a. Tables of total metals and TCLP results summary statistics for
32 FGD gypsum and 11 mined gypsum samples (attachment one of document
No. EPA-HQ-RCRA-2009-0640-9765, page 81). EPRI has since provided EPA
with individual TCLP results for the gypsum samples. These data are
available in the docket supporting this Notice.
    b. A report titled ``Characterization of Field Leachates at Coal
Combustion Product Management Sites; Arsenic, Selenium, Chromium, and
Mercury Speciation,'' EPRI Report 1012578, (EPA-HQ-RCRA-2009-0640-7776
and attachment four of document No. EPA-HQ-RCRA-2009-0640-9765) which
includes in Table A-1 of Appendix A, trace elements of field leachates
from bottom ash, fly ash, and FGD sludge collected at 15 impoundments
and 17 landfills. (This is the same report and data provided by the
Southern Company described above.)
    7. The Boiler Slag Consortium provided laboratory reports with
total metals and TCLP results for boiler slag fines samples (attachment
one of document No. EPA-HQ-RCRA-2009-0640-7787, attachment two of
document No. EPA-HQ-RCRA-2009-0640-7787, and attachment three of
document No. EPA-HQ-RCRA-2009-0640-7787).
    8. Senator David Vitter provided laboratory reports with total
metals and TCLP results for boiler slag fines samples (attachment two
of document No. EPA-HQ-RCRA-2009-0640-6958, attachment three of
document No. EPA-HQ-RCRA-2009-0640-6958, and attachment four of
document No. EPA-HQ-RCRA-2009-0640-6958). These are the same data
provided by the Boiler Slag Consortium (attachment one of document No.
EPA-HQ-RCRA-2009-0640-7787 and attachment three of document No. EPA-HQ-
RCRA-2009-0640-7787).
    9. The Gypsum Association provided tables of total metals and TCLP
results for FGD gypsum (attachment one of document No. EPA-HQ-RCRA-
2009-0640-8227, pages 15 through 19 and Exhibit 2).
    10. TCLP results for five fly ash cenosphere samples were provided
by Sphere One, Inc. (attachment one of document No. EPA-HQ-RCRA-2009-
0640-8245, pages 4 through 6).
    11. Congresswoman Michele Bachmann provided laboratory reports with
total metals and TCLP results for boiler slag fines samples (attachment
three of document No. EPA-HQ-RCRA-2009-0640-8262 and attachment four of
document No. EPA-HQ-RCRA-2009-0640-8262). These are the same data
provided by the Boiler Slag Consortium (attachment one of document No.
EPA-HQ-RCRA-2009-0640-7787 and attachment three of document No. EPA-HQ-
RCRA-2009-0640-7787).
    12. U.S. Minerals provided a copy of draft comments from Harsco
Minerals which includes a table of TCLP results for 34 slag samples
(attachment one of document No. EPA-HQ-RCRA-2009-0640-8271, pages 11
and 12). Twenty five of the 34 samples were also provided by Harsco
Minerals in their comments dated November 19, 2010 (see number 14
below). Only 24 of the 34 samples are from electric utilities.
    13. The American Coal Ash Association (ACAA) provided the following
in their comments on the 2010 proposed rule (EPA-HQ-RCRA-2009-0640-
10486):
    a. A report titled ``Leaching of Inorganic Constituents from Coal
Combustion By-Products under Field and Laboratory Conditions,'' EPRI,
1998 (TR-111773-V1) which includes tables of summary statistics for
pore water concentrations from eight landfills and 12 surface
impoundments for coal ash on page 3-2 and for FGD sludge on page 3-3,
and tables of summary SPLP and TCLP results for CCRs from 10 surface
impoundments on page 4-4 and 4-5. This report was provided by ACAA on a
CD and is available for viewing by visiting the docket reading room.
The report may also be obtained at no charge from EPRI at: http://www.epri.com by searching on the document number or title in the search
bar.
    b. A paper titled ``Leachability of Trace Metal Elements from Fly
Ashes,

and from Concrete Incorporating Fly Ashes,'' which includes tables of
leaching test results for fly ash and fly ash concrete on pages 21 and
pages 23 through 25. This paper was provided by ACAA on a CD and is
only available for viewing by visiting the docket reading room.
    c. The paper titled ``Comparative Leaching of Midwestern Fly Ash
and Cement,'' which includes tables of total metals concentrations and
leaching test results for fly ash and cement on pages 30-6 through 30-
14. This paper was provided by ACAA on a CD and is only available for
viewing by visiting the docket reading room.
    14. Harsco Minerals provided the following with their comments on
the proposed rule (EPA-HQ-RCRA-2009-0640-10489):
    a. A table of TCLP results for 25 boiler slag samples on page 13.
One sample, source number 24, is from a non-utility.
    b. A table of TCLP results for three boiler slag fines samples on
page 14.
    c. Laboratory analyses reports for the 25 boiler slag samples in
(a) above (attachment seven of document No. EPA-HQ-RCRA-2009-0640-
10489, Exhibit 6).
    d. Laboratory reports of total metals and TCLP leaching tests for
three boiler slag fines samples (attachment seven of document No. EPA-
HQ-RCRA-2009-0640-10489, Exhibit 7). These are the same data provided
by the Boiler Slag Consortium described in number 7 above.
    e. Laboratory analyses reports of TCLP results for three pre-blast
and three post-blast boiler slag blasting abrasives (attachment seven
of document No. EPA-HQ-RCRA-2009-0640-10489, Exhibit 8).
    15. Laboratory CCR leachate reports, included in Maryland
Department of the Environment Coal Combustion Byproducts Reporting
Requirements Annual Reports Received for 2008 through 2010:  http://www.mde.state.md.us/programs/Land/SolidWaste/CoalCombustionByproducts/Pages/Programs/LandPrograms/Solid_Waste/ccbs/index.aspx. Reports can
be found under the heading ``CCR Reporting Information'' at the bottom
of the webpage. EPA is seeking comment specifically on leachate reports
pertaining to Constellation Energy; Mirant Mid-Atlantic, LLC; AES
Warrior Run, LLC; and Allegany Energy Supply Company.
    16. EPA's Office of Research and Development (ORD), in coordination
with Vanderbilt University (VU), has also developed CCR leaching data
(Leaching Environmental Assessment Framework, or LEAF, data). Some of
these data considered applicable to the 2010 Risk Assessment were
already made available in reports placed in the proposed rule docket
(EPA-HQ-RCRA-2009-0640-0314, 0315, and 0329); further data are being
made available to the public for the duration of the comment period at:
http://vanderbilt.edu/leaching. To obtain a free access key, click the
``License Application'' option under the ``LeachXS Lite'' tab. EPA is
also providing further documentation of the data and the methodologies
used at: http://www.epa.gov/nrmrl/pubs/600r10170/600r10170.pdf.

V. What new facility and waste management data are being noticed?

    The Agency is considering whether to use the following additional
information sources in support of the final rule.
    1. U.S. Department of Energy/Energy Information Agency (DOE/EIA):
``2009: EIA-923 January--December Final, Nonutility Energy Balance and
Annual Environmental Information Data.'' This database is available on-
line at a U.S. Department of Energy/U.S. Energy Information
Administration Web site at:  http://www.eia.doe.gov/cneaf/electricity/page/eia906_920.html under the heading ``Downloads'' at the bottom of
the webpage. This database identifies facility data that may be
considered in the development of the final rule.
    2. On October 21, 2010, EPA issued a NODA (75 FR 64974) seeking
public comment on the responses to Information Collection Requests that
EPA sent to electric utilities on their CCR surface impoundments, as
well as reports and materials related to the site assessments EPA has
conducted on a subset of these impoundments. Additional responses and
site assessment materials have been posted to EPA's website since that
time and this NODA addresses and solicits comment on this information,
including:
    a. The Information Request Responses to EPA's Information Request
Letter to Electric Utilities available at: http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/surveys/index.htm
    b. EPA's Coal Combustion Residuals Impoundment Assessment Reports
available at: http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/surveys2/index.htm

VI. What reports regarding alleged damage cases from the management of
CCRs are being noticed?

    The Agency is noticing several reports received in comments to the
2010 proposed rule, relating to alleged CCR management damage cases:
    1. A new report of alleged damage cases was released February 24,
2010, by the Environmental Integrity Project and Earthjustice titled
``Out of Control: Mounting Damages From Coal Ash Waste Sites,'' which
presents 31 alleged CCR damage cases that were not included or were not
recognized as damage cases in EPA's July 2007 report (EPA-HQ-RCRA-2006-
0796-0015) titled ``Coal Combustion Waste Damage Case Assessments.''
The report is available from the docket to this Notice.
    2. In late 2009, EPRI submitted to EPA two draft reports titled
``Evaluation of Coal Combustion Product Damage Cases: Volume 1: Data
Summary and Conclusions'' (finalized in July 2010), and ``Evaluation of
Coal Combustion Product Damage Cases: Volume 2: Case
Summaries''(finalized in September 2010). In these reports EPRI claimed
that the EPA was inconsistent in applying its own `test of proof'
criteria to determine which of the damage cases included in EPA's July
2007 report qualify as CCRs-related proven damage cases. These reports
are available from the docket to the proposed rule (EPA-HQ-RCRA-2009-
0640-0326, and EPA-HQ-RCRA-2009-0640-0327, respectively). These are
copyrighted reports and are not available for viewing on-line. The 2010
final reports are also copyrighted and are only available for viewing
by visiting the docket to this Notice. They are also available on-line
from EPRI at: http://my.epri.com/portal/server.pt?open=512&objID=413&&PageID=230509&mode=2&cached=true.
    3. A report released August 26, 2010, by the Environmental
Integrity Project, Earthjustice, and the Sierra Club titled ``In Harm's
Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their
Environment,'' which presents 39 alleged CCR damage cases. The report
is available from the docket to this Notice.

VII. What new analyses of state programs are being noticed?

    1. EPA is noticing the comments on the 2010 proposed rule,
submitted by Earthjustice, Environmental Integrity Project, Sierra
Club, Natural Resources Defense Council, Southern Alliance for Clean
Energy, Southern Environmental Law Center, and Physicians for Social
Responsibility (attachment one of document No. EPA-HQ-RCRA-2009-0640-
6315), addressing gaps in state government regulatory programs
applicable to the management of CCRs (pgs. 17-63).
    2. The Agency is also noticing comments addressing state programs

submitted by the Association of State and Territorial Solid Waste
Management Officials (attachment one of document No. EPA-HQ-RCRA-2009-
0640-3936 and EPA-HQ-RCRA-2009-0640-8787), the Environmental Council of
the States (attachment one of document No. EPA-HQ-RCRA-2009-0640-4003
and EPA-HQ-RCRA-2009-0640-8854) and 36 states. All of the states'
comments are available in the docket to the proposed rule.

VIII. What new materials on beneficial uses are being noticed?

    The Agency received a significant amount of additional data and
other factual information relating to the beneficial reuse of CCR, such
as the use in concrete, bricks and wallboard, during the comment
period. EPA also obtained additional data as a result of further
research. EPA is requesting comment on whether this information should
be considered in the development of the final rule. All of these
documents are available from the docket to this Notice.

IX. What new information and potential modeling analyses to update and
enhance the risk assessment are being noticed?

    EPA is considering updating its risk assessment prepared in support
of the 2010 proposed rule based upon public comments and additional
information made available since the publication of the proposed rule.
The 2010 Risk Assessment, ``Draft: Human and Ecological Risk Assessment
of Coal Combustion Wastes,'' April 2010 (``2010 Risk Assessment'') is
available in the docket to the proposed rule (EPA-HQ-RCRA-2009-0640-
0002). As noted previously, EPA is requesting comment only for the
narrow purposes described in Unit II--i.e., on the validity and
propriety of using the information, data, and analyses associated with
this notice. As also noted previously, although EPA is singling out the
information and data specifically listed below and in the docket for
further public comment, it should not be assumed that this information/
data is the full sum of the information/data received in comments that
will be considered or that will influence the Agency's decisions in
this rulemaking.
    1. EPA is considering updating its pore water data by adding pore
water data submitted by public commenters (previously discussed in
Section IV). EPA is also considering the use of alternative statistical
analysis, such as the use of quartiles or bootstrapping, in place of
site averages for pore water data in order to retain intra-site
variability in these data while not biasing results from the sites with
greater numbers of sampling points.
    2. EPA is considering using the latitude and longitude data
(obtained from additional information sources discussed in Section V)
to estimate the distances from CCR waste management units to human and
ecological receptors. EPA is considering updating its estimated
distances to groundwater wells based on modeled population estimates
discussed in the Agency's RIA for the proposed rule. Further
documentation and the modeled population estimates based on synthesized
population data sets are accessible at: ftp://ftp.epa.gov/coal-combustion-residues/NODA-1.
    3. EPA is considering updating the estimated distances from CCR
waste management units to the nearest surface water bodies, based on
the new latitude and longitude data (obtained from additional
information sources discussed in Section V).
    4. EPA is considering modeling both landfills and surface
impoundments throughout the operational life of the waste management
unit and post-closure using the same modeling approach utilized in the
2010 Risk Assessment.
    5. EPA is considering revisiting its screening assessment based on
the new data and analyses above. EPA is also considering the use of the
peer reviewed models, AERSCREEN and AERMOD, to evaluate fugitive dust
(http://www.epa.gov/ttn/scram/dispersion_prefrec.htm#aermod).
Depending on screening results, EPA may consider CCR fugitive dust and
other above-ground exposure pathways from the open CCR waste management
units for further modeling.

    Dated: September 30, 2011.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 2011-26086 Filed 10-11-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: December 1, 2009 (Volume 229, Number 74)]
[Notices]
[Page 62857]
[DOCID:fr01de09-144]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61052; File No. SR-FINRA-2009-066]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Order Granting Approval of Proposed Rule Change To
Adopt FINRA Rule 2251 (Forwarding of Proxy and Other Issuer-Related
Materials) in the Consolidated FINRA Rulebook

November 23, 2009.
    On October 2, 2009, Financial Industry Regulatory Authority, Inc.
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc.
(``NASD'')) filed with the Securities and Exchange Commission
(``Commission'') a proposed rule change pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ to adopt without material change NASD Rule 2260
(Forwarding of Proxy and Other Materials) and NASD IM-2260 (Approved
Rates of Reimbursement) in the consolidated FINRA rulebook.\3\ The
proposed rule change would combine NASD Rule 2260 and NASD IM-2260 into
a single rule that would be renumbered as FINRA Rule 2251 in the
consolidated FINRA rulebook. Notice of the proposal was published for
comment in the Federal Register on October 22, 2009.\4\ The Commission
received no comments on the proposed rule change. This order approves
the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ The current FINRA rulebook consists of: (1) FINRA Rules; (2)
NASD Rules; and (3) rules incorporated from NYSE (``Incorporated
NYSE Rules'') (together, the NASD Rules and Incorporated NYSE Rules
are referred to as the ``Transitional Rulebook''). While the NASD
Rules generally apply to all FINRA members, the Incorporated NYSE
Rules apply only to those members of FINRA that are also members of
the NYSE (``Dual Members''). The FINRA Rules apply to all FINRA
members, unless such rules have a more limited application by their
terms. For more information about the rulebook consolidation
process, see Information Notice, March 12, 2008 (Rulebook
Consolidation Process).
    \4\ See Securities Exchange Act Release No. 60824 (Oct. 14,
2009), 74 FR 54610.
---------------------------------------------------------------------------

I. Description of the Proposal

    NASD Rule 2260 sets forth certain requirements with respect to the
transmission of proxy materials and other communications to beneficial
owners of securities and the limited circumstances in which members are
permitted to vote proxies without instructions from those beneficial
owners. NASD IM-2260 regulates the reimbursement that members are
entitled to receive in connection with forwarding proxy materials and
other communications.
    FINRA proposes to combine the two rules, without material change,
into a single rule that would be renumbered as FINRA Rule 2251 in the
consolidated FINRA rulebook.\5\ FINRA proposed making clarifying
changes and other changes primarily to reflect the new formatting and
terminology conventions of the consolidated FINRA rulebook.\6\ In
addition, the proposed rule change would add language where appropriate
to remind members that they are obligated to comply both with the FINRA
rule and applicable Commission rules and/or guidance. With respect to
NASD Rule 2260(c)(2)'s provisions allowing a member to give a proxy to
vote any stock pursuant to the rules of ``any national securities
exchange to which the member is also responsible,'' proposed FINRA Rule
2251 would clarify that a ``member may give a proxy to vote any stock
pursuant to the rules of any national securities exchange of which it
is a member. * * *''
---------------------------------------------------------------------------

    \5\ NASD IM-2260 would be redesignated as Supplementary Material
within proposed FINRA Rule 2251.
    \6\ For example, the language in NASD Rule 2260(a) stating that
a member ``has an inherent duty'' to forward materials would be
revised to state that a member ``shall'' forward such materials.
Further, the proposed rule change would move the footnoted
provisions defining the terms ``ERISA'' and ``State'' to the rule
text, and the footnoted provision regarding verification of
investment advisers would be redesignated as Supplementary Material.
The proposed rule change would also add internal cross-references
within the rule.
---------------------------------------------------------------------------

    FINRA stated that it will announce the implementation date of the
proposed rule change in a Regulatory Notice to be published no later
than 90 days following Commission approval.

II. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
association.\7\ In particular, the Commission finds that the proposed
rule change is consistent with the provisions of section 15A(b)(6) of
the Act,\8\ which requires, among other things, that FINRA rules must
be designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \7\ In approving this rule proposal, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \8\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

    The Commission believes that the proposed rule change will continue
to provide FINRA members with guidance on the forwarding of proxy and
other issuer-related materials, as well as applicable rates of
reimbursement. The Commission notes that the consolidation of these
rules does not result in any substantive changes to the existing
requirements.

III. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\9\ that the proposed rule change (SR-FINRA-2009-066) be, and
hereby is, approved.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-28679 Filed 11-30-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 56 (Wednesday, March 23, 2011)]
[Notices]
[Pages 16402-16404]
[FR Doc No: 2011-6787]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

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

    Docket Numbers: EC11-50-000.
    Applicants: HL Power Company, LP.
    Description: CMS Energy Corporation submits Application for
Authorization under section 203 of the Federal Power Act and Requests
for Waivers under EC11-50.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-0203.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER10-1786-001.
    Applicants: Credit Suisse Energy, LLC.
    Description: Credit Suisse Securities (USA) LLC's Notice of Non-
Material Change in Status.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5181.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-136-002.
    Applicants: Michigan Electric Transmission Co., LLC.
    Description: Refund Report of Michigan Electric Transmission
Company, LLC.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5165.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-2295-001.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits tariff filing per 35: 2011-03-15 CAISO's Transmission Control
Agreement Compliance Filing to be effective 11/23/2010.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5079.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-2424-003.
    Applicants: Pinetree Power-Tamworth, Inc.
    Description: Pinetree Power-Tamworth, Inc. submits tariff filing
per 35.17(b): Pinetree Power--Tamworth, Inc.--Third Supplement to
Filing of Initial Tariff to be effective 1/1/2011.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5137.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-3075-000.
    Applicants: CR Clearing, LLC.
    Description: CR Clearing, LLC submits tariff filing per 35.37:
Corrected Tariff in Conjunction with Triennial Market Power to be
effective 3/16/2011.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5000.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-3076-000.
    Applicants: Avista Turbine Power, Inc.
    Description: Avista Turbine Power, Inc. submits tariff filing per
35.15: Cancellation of MBR Tariff to be effective 3/15/2011.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5001.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-3077-000.
    Applicants: Cow Branch Wind Power, LLC.
    Description: Cow Branch Wind Power, LLC submits tariff filing per
35.37: Corrected Tariff in Conjunction with Triennial Market Power
Upate to be effective 3/16/2011.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5002.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-3078-000.
    Applicants: Harvest Windfarm, LLC.
    Description: Harvest Windfarm, LLC submits tariff filing per 35.37:
Corrected Tariff in Conjunction with Triennial Market Power Update to
be effective 3/16/2011.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5003.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-3079-000.
    Applicants: Exelon Wind 4, LLC.
    Description: Exelon Wind 4, LLC submits tariff filing per 35.37:
Corrected Tariff in Conjunction with Triennial Market Power Update to
be effective 3/16/2011.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5004.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-3080-000.
    Applicants: Wind Capital Holdings, LLC.
    Description: Wind Capital Holdings, LLC submits tariff filing per
35.37: Corrected Tariff in Conjunction with Triennial Market Power
Update to be effective 3/16/2011.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5005.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-3082-000.

    Applicants: South Carolina Electric & Gas Company.
    Description: South Carolina Electric & Gas Company submits tariff
filing per 35.13(a)(2)(iii): Attachment K Clean Up to be effective 3/
15/2011.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5033.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-3083-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii): Queue No. V4-072 WMPA Original Service Agreement No.
2788 to be effective 2/14/2011.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5060.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-3084-000.
    Applicants: The Detroit Edison Company.
    Description: The Detroit Edison Company submits tariff filing per
35: MBR Compliance Filing to be effective 3/2/2011.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5071.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-3085-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii): Revisions to the PJM Tariff regarding Deferred
Security to be effective 5/16/2011.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5080.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-3086-000.
    Applicants: DC Energy California, LLC.
    Description: DC Energy California, LLC submits tariff filing per
35.1: DC Energy California, LLC--Baseline Filing to be effective 3/15/
2011.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5081.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-3087-000.
    Applicants: DC Energy Dakota, LLC.
    Description: DC Energy Dakota, LLC submits tariff filing per 35.1:
DC Energy Dakota, LLC--Baseline Filing to be effective 3/15/2011.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5082.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-3088-000.
    Applicants: DC Energy Mid-Atlantic, LLC.
    Description: DC Energy Mid-Atlantic, LLC submits tariff filing per
35.1: DC Energy Mid-Atlantic, LLC--Baseline Filing to be effective 3/
15/2011.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5083.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-3089-000.
    Applicants: DC Energy Midwest, LLC.
    Description: DC Energy Midwest, LLC submits tariff filing per 35.1:
DC Energy Midwest, LLC--Baseline Filing to be effective 3/15/2011.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5084.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-3090-000.
    Applicants: DC Energy New England, LLC.
    Description: DC Energy New England, LLC submits tariff filing per
35.1: DC Energy New England, LLC--Baseline Filing to be effective 3/15/
2011.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5086.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-3091-000.
    Applicants: DC Energy New York, LLC.
    Description: DC Energy New York, LLC submits tariff filing per
35.1: DC Energy New York, LLC--Baseline Filing to be effective 3/15/
2011.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5091.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-3092-000.
    Applicants: DC Energy Southwest, LLC.
    Description: DC Energy Southwest, LLC submits tariff filing per
35.1: DC Energy Southwest, LLC--Baseline Filing to be effective 3/15/
2011.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5094.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-3093-000.
    Applicants: DC Energy Texas, LLC.
    Description: DC Energy Texas, LLC submits tariff filing per 35.1:
DC Energy Texas, LLC to be effective 3/15/2011.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5095.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-3094-000.
    Applicants: DC Energy, LLC.
    Description: DC Energy, LLC submits tariff filing per 35.1: DC
Energy, LLC--Baseline Filing to be effective 3/15/2011.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5096.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-3095-000.
    Applicants: Deseret Generation & Transmission Co-operator, Inc.
    Description: Deseret Generation & Transmission Co-operative, Inc.
submits tariff filing per 35.13(a)(2)(iii): section 205 Tariff Filing
3-15-2011 to be effective 4/1/2011.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5097.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-3096-000.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits tariff filing per 35: 2011-03-15 CAISO's Filing in Compliance
with Order 676-E to be effective 4/1/2011.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5101.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-3097-000.
    Applicants: DTE Energy Trading, Inc.
    Description: DTE Energy Trading, Inc. submits tariff filing per 35:
MBR Compliance Filing to be effective 3/2/2011.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5108.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-3098-000.
    Applicants: Viridian Energy PA, LLC.
    Description: Viridian Energy PA, LLC submits tariff filing per
35.12: Viridian Energy PA LLC Market Based Rate Tariff to be effective
3/15/2011.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5128.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Docket Numbers: ER11-3099-000.
    Applicants: California Independent System Operator Corporation.
    Description: Petition for Waiver of OASIS Requirements of the
California Independent System Operator Corporation.
    Filed Date: 03/15/2011.
    Accession Number: 20110315-5175.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 5, 2011.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene

again in a subdocket related to a compliance filing if you have
previously intervened in the same docket. Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant. In reference to filings initiating a
new proceeding, interventions or protests submitted on or before the
comment deadline need not be served on persons other than the
Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 16, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-6787 Filed 3-22-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 79 (Wednesday, April 26, 2017)]
[Rules and Regulations]
[Pages 19181-19183]
[FR Doc No: 2017-08409]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9380; Directorate Identifier 2016-NE-21-AD;
Amendment 39-18857; AD 2017-08-08]
RIN 2120-AA64

Airworthiness Directives; CFE Company Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
CFE Company (CFE) turbofan engines. This AD was prompted by a quality
escape for high-pressure compressor (HPC) impellers made from forgings
with nonconforming material grain size. This AD requires removal of the
HPC impeller. We are issuing this AD to correct the unsafe condition on
these products.

DATES: This AD is effective May 31, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 31,
2017.

ADDRESSES: For service information identified in this final rule,
contact CFE Company, 111 S. 34th Street, Phoenix, Arizona 85034-2802;
phone:<PHONE_NUMBER>; Internet: https://www.myaerospace.com. You may
view this service information at the FAA, Engine & Propeller
Directorate, 1200 District Avenue, Burlington, MA. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9380; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Document Management Facility, 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: Martin Adler, Aerospace Engineer,
Engine Certification Office, FAA, 1200 District Avenue, Burlington, MA
01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain CFE CFE738-1-1B
model turbofan engines with HPC impeller, part number (P/N) 6079T77P07
or P/N 6079T77P09, installed. The NPRM published in the Federal
Register on January 3, 2017 (82 FR 52). The NPRM was prompted by a
quality escape for HPC impellers made from forgings with nonconforming
material grain size. The NPRM proposed to require removal of the HPC
impeller. We are issuing this AD to correct the unsafe condition on
these products.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (82 FR 52, January 3,
2017) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed.

Related Service Information Under 1 CFR Part 51

    We reviewed CFE Service Bulletin (SB) CFE738-72-8080, Revision 0,
dated August 18, 2016. The SB describes procedures for replacing
specific serial numbered HPC impellers, P/N 6079T77P07 or P/N
6079T77P09. 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

    We estimate that this AD affects 176 engines installed on airplanes
of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                   Action                        Labor cost       Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Pro-rated HPC impeller......................           $0.00          $42,240          $42,240       $7,434,240
----------------------------------------------------------------------------------------------------------------

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

    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) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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):

2017-08-08 CFE Company: Amendment 39-18857; Docket No. FAA-2016-
9380; Directorate Identifier 2016-NE-21-AD.

(a) Effective Date

    This AD is effective May 31, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to CFE Company (CFE) CFE738-1-1B model turbofan
engines with a high-pressure compressor (HPC) impeller, part number
(P/N) 6079T77P07 or P/N 6079T77P09, with a serial number listed in
CFE Service Bulletin (SB) CFE738-72-8080, Revision 0, dated August
18, 2016, installed.

(d) Subject

    Joint Aircraft System Component (JASC) 7230, Turbine Engine
Compressor Section.

(e) Unsafe Condition

    This AD was prompted by a quality escape for HPC impellers made
from forgings with nonconforming material grain size. We are issuing
this AD to prevent uncontained failure of the HPC impeller, damage
to the engine, and damage to the airplane.

(f) Compliance

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

(g) Required Action

    Remove all affected HPC impellers from service at the next
piece-part exposure and replace with a part eligible for
installation.

(h) Definition

    For the purposes of this AD, ``piece-part exposure'' is defined
as separation of the impeller from the compressor rotor assembly.

(i) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
for this AD. Use the procedures found in 14 CFR 39.19 to make your
request. You may email your request to<EMAIL_ADDRESS>
(j) Related Information

    For more information about this AD, contact Martin Adler,
Aerospace Engineer, Engine Certification Office, FAA, 1200 District
Avenue, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax: 781-238-
7199; email<EMAIL_ADDRESS>
(k) 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 the AD specifies otherwise.
    (i) CFE Service Bulletin CFE738-72-8080, Revision 0, dated
August 18, 2016.
    (ii) Reserved.
    (3) For CFE service information identified in this AD, contact
CFE Company, 111 S. 34th Street, Phoenix, Arizona 85034-2802; phone:
800-601-3099; Internet: https://www.myaerospace.com.
    (4) You may view this service information at FAA, Engine &
Propeller Directorate, 1200 District Avenue, Burlington, MA. For
information on the availability of this material at the FAA, call
781-238-7125.
    (5) You may view this service information at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to:
http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on April 11, 2017.
Robert J. Ganley,
Acting Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2017-08409 Filed 4-25-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: August 22, 2006 (Volume 71, Number 162)]
[Notices]
[Page 48916]
[DOCID:fr22au06-39]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-470-000]

CenterPoint Energy-Mississippi River Transmission Corporation;
Notice of Proposed Changes in FERC Gas Tariff

August 15, 2006.
    Take notice that on August 10, 2006, CenterPoint Energy-Mississippi
River Transmission Corporation (MRT) tendered for filing as part of its
FERC Gas Tariff, Third Revised Volume No. 1, the following tariff
sheets, to become effective October 1, 2006:

Fifty-Seventh Revised Sheet No. 5
Fifty-Seventh Revised Sheet No. 6
Fifth-Fourth Revised Sheet No. 7

    MRT states that the purpose of the filing is to revise the Annual
Charge Adjustment rate effective October 1, 2006.
    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 and 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. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    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 14 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 e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-13819 Filed 8-21-06; 8:45 am]

BILLING CODE 6717-01-P