[Federal Register Volume 76, Number 210 (Monday, October 31, 2011)]
[Notices]
[Pages 67184-67186]
[FR Doc No: 2011-28116]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9484-9]

California State Nonroad Engine Pollution Control Standards;
Large Spark-Ignition (LSI) Engines; Fleet Requirements for In-Use LSI
Forklifts and Other Industrial Equipment; Opportunity for Public
Hearing and Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The California Air Resources Board (CARB) has notified EPA
that it has amended its emission standards and certification and test
procedures for large spark-ignition nonroad engines (``LSI Emission
Standards''). CARB has also adopted in-use fleet average emission
requirements for large- and medium-sized fleets (``LSI In-Use Fleet
Requirements). California's LSI In-Use Fleet Requirements are
applicable to fleets comprised of four or more pieces of equipment
powered by LSI engines, including forklifts, industrial tow tractors,
sweepers/scrubbers, and airport

ground support equipment. CARB requests that EPA find the amended LSI
Emission Standards to be within the scope of a previously granted LSI
authorization or, in the alternative, grant a new full authorization
pursuant to Clean Air Act section 209(e). This notice announces that
EPA has tentatively scheduled a public hearing to consider California's
LSI Emission Standards and LSI In-Use Fleet Requirements, and that EPA
is now accepting written comment on the request.

DATES: EPA has tentatively scheduled a public hearing concerning CARB's
request on November 15, 2011, at 10 a.m. ET. EPA will hold a hearing
only if any party notifies EPA by November 7, 2011, expressing interest
in presenting the agency with oral testimony. Parties wishing to
present oral testimony at the public hearing should provide written
notice to Kristien Knapp at the email address noted below. If EPA
receives a request for a public hearing, that hearing will be held at
1310 L Street NW., Washington, DC 20005. If EPA does not receive a
request for a public hearing, then EPA will not hold a hearing, and
instead consider CARB's request based on written submissions to the
docket. Any party may submit written comments until December 15, 2011.
    By November 14, 2011, any person who plans to attend the hearing
may call Kristien Knapp at<PHONE_NUMBER>, to learn if a hearing will
be held.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2011-0830, by one of the following methods:
     On-Line at http://www.regulations.gov: Follow the On-Line
Instructions for Submitting Comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Air and Radiation Docket, Docket ID No. EPA-HQ-OAR-
2011-0830, U.S. Environmental Protection Agency, Mailcode: 6102T, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total
of two copies.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West Building, Room 3334, 1301 Constitution Avenue, NW., Washington, DC
20460. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
    On-Line Instructions for Submitting Comments: Direct your comments
to Docket ID No. EPA-HQ-OAR-2011-0830. EPA's policy is that all
comments we receive 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 email. 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 email comment
directly to EPA without going through http://www.regulations.gov, your
email address will automatically be 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.
    EPA will make available for public inspection materials submitted
by CARB, written comments received from any interested parties, and any
testimony given at the public hearing. Materials relevant to this
proceeding are contained in the Air and Radiation Docket and
Information Center, maintained in Docket ID No. EPA-HQ-OAR-2011-0830.
Publicly available docket materials are available either electronically
through http://www.regulations.gov or in hard copy at the Air and
Radiation Docket in the EPA Headquarters Library, EPA West Building,
Room 3334, located at 1301 Constitution Avenue, NW., Washington, DC.
The Public Reading Room is open to the public on all federal government
work days from 8:30 a.m. to 4:30 p.m.; generally, it is open Monday
through Friday, excluding holidays. The telephone number for the
Reading Room is<PHONE_NUMBER>. The Air and Radiation Docket and
Information Center's Web site is http://www.epa.gov/oar/docket.html.
The electronic mail (email) address for the Air and Radiation Docket
is<EMAIL_ADDRESS>the telephone number is<PHONE_NUMBER>, and
the fax number is<PHONE_NUMBER>. An electronic version of the public
docket is available through the federal government's electronic public
docket and comment system. You may access EPA dockets at http://www.regulations.gov. After opening the http://www.regulations.gov Web
site, enter EPA-HQ-OAR-2011-0830, in the ``Enter Keyword or ID'' fill-
in box to view documents in the record. Although a part of the official
docket, the public docket does not include Confidential Business
Information (``CBI'') or other information whose disclosure is
restricted by statute.
    EPA's Office of Transportation and Air Quality also maintains a Web
page that contains general information on its review of California
waiver requests. Included on that page are links to prior waiver and
authorization Federal Register notices. The page can be accessed at
http://www.epa.gov/otaq/cafr.htm.

FOR FURTHER INFORMATION CONTACT: Kristien G. Knapp, Attorney-Advisor,
Compliance Division, Office of Transportation and Air Quality, U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue (6405J), NW.,
Washington, DC 20460. Telephone:<PHONE_NUMBER>. Fax:<PHONE_NUMBER>.
Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. California's LSI Regulations

    By letter dated December 10, 2008, CARB submitted to EPA its
request pursuant to section 209(e) of the Clean Air Act (``CAA'' or
``the Act''), regarding its regulation of emissions from new off-road
large spark-ignition (LSI) engines and its in-use fleet requirements
for forklifts and other industrial equipment with LSI engines.\1\ The
LSI regulations are designed to reduce emissions of hydrocarbons (HC)
and oxides of nitrogen (NOX) from forklifts and other
industrial equipment powered by LSI engines. CARB approved the LSI
regulations at a public hearing on May 25, 2006 (by Resolution 06-
11).\2\ After making modifications to the regulation available on
December 1, 2006, and February 1, 2007 for supplemental public comment,
CARB's Executive Officer formally adopted the LSI regulations in
Executive Order R-07-

001 on March 2, 2007.\3\ The LSI regulations are codified at title 13,
California Code of Regulations, sections 2775 through 2775.2 \4\
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    \1\ California Air Resources Board (``CARB''), ``Request for
Authorization,'' December 10, 2008, EPA-HQ-OAR-2011-0830-0001.
    \2\ CARB Enclosure 1, ``Resolution 06-11,'' EPA-HQ-OAR-2011-
0830-0002.
    \3\ CARB Enclosure 2, ``Executive Order R-07-001,'' EPA-HQ-OAR-
2011-0830-0003.
    \4\ CARB Enclosure 3, ``Final Regulation Order,'' EPA-HQ-OAR-
2011-0830-0004.
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    Underpinning CARB's LSI regulations is a set of emission standards
for new off-road LSI engines beginning in 2007. The emission standards
include: Adoption of EPA's 2007 and later model year emission standards
for the same engines, more stringent standards for the 2010 and later
model years, optional certification standards, and more rigorous
certification and test procedures. The LSI regulations also apply to
operators of large- and medium-sized fleets of forklifts, sweepers/
scrubbers, airport ground support equipment (GSE), and industrial tow
tractors with engine displacements of greater than one liter. These
fleets must meet a fleet average in-use emission standard.

II. Clean Air Act Nonroad Engine and Vehicle Authorizations

    Section 209(e)(1) of the Act permanently preempts any State, or
political subdivision thereof, from adopting or attempting to enforce
any standard or other requirement relating to the control of emissions
for new nonroad engines or vehicles. States are also preempted from
adopting and enforcing standards and other requirements related to the
control of emissions from non-new nonroad engines or vehicles. Section
209(e)(2) requires the Administrator, after notice and opportunity for
public hearing, to authorize California to enforce such standards and
other requirements, unless EPA makes one of three findings. In
addition, other states with attainment plans may adopt and enforce such
regulations if the standards, and implementation and enforcement
procedures, are identical to California's standards. On July 20, 1994,
EPA promulgated a rule that sets forth, among other things, regulations
providing the criteria, as found in section 209(e)(2), which EPA must
consider before granting any California authorization request for new
nonroad engine or vehicle emission standards.\5\ EPA later revised
these regulations in 1997.\6\ As stated in the preamble to the 1994
rule, EPA has historically interpreted the section 209(e)(2)(iii)
``consistency'' inquiry to require, at minimum, that California
standards and enforcement procedures be consistent with section 209(a),
section 209(e)(1), and section 209(b)(1)(C) (as EPA has interpreted
that subsection in the context of section 209(b) motor vehicle
waivers).\7\
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    \5\ 59 FR 36969 (July 20, 1994).
    \6\ See 62 FR 67733 (December 30, 1997). The applicable
regulations, now in 40 CFR part 1074, subpart B, Sec.  1074.105,
provide:
    (a) The Administrator will grant the authorization if California
determines that its standards will be, in the aggregate, at least as
protective of public health and welfare as otherwise applicable
federal standards.
    (b) The authorization will not be granted if the Administrator
finds that any of the following are true:
    (1) California's determination is arbitrary and capricious.
    (2) California does not need such standards to meet compelling
and extraordinary conditions.
    (3) The California standards and accompanying enforcement
procedures are not consistent with section 209 of the Act.
    (c) In considering any request from California to authorize the
state to adopt or enforce standards or other requirements relating
to the control of emissions from new nonroad spark-ignition engines
smaller than 50 horsepower, the Administrator will give appropriate
consideration to safety factors (including the potential increased
risk of burn or fire) associated with compliance with the California
standard.
    \7\ See 59 FR 36969 (July 20, 1994).
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    In order to be consistent with section 209(a), California's nonroad
standards and enforcement procedures must not apply to new motor
vehicles or new motor vehicle engines. To be consistent with section
209(e)(1), California's nonroad standards and enforcement procedures
must not attempt to regulate engine categories that are permanently
preempted from state regulation. To determine consistency with section
209(b)(1)(C), EPA typically reviews nonroad authorization requests
under the same ``consistency'' criteria that are applied to motor
vehicle waiver requests. Pursuant to section 209(b)(1)(C), the
Administrator shall not grant California a motor vehicle waiver if she
finds that California ``standards and accompanying enforcement
procedures are not consistent with section 202(a)'' of the Act.
Previous decisions granting waivers and authorizations have noted that
state standards and enforcement procedures are inconsistent with
section 202(a) if: (1) There is inadequate lead time to permit the
development of the necessary technology giving appropriate
consideration to the cost of compliance within that time, or (2) the
federal and state testing procedures impose inconsistent certification
requirements.

III. EPA's Request for Comments

    As stated above, EPA is offering the opportunity for a public
hearing, and requesting written comment on issues relevant to a full
authorization analysis. Specifically, we request comment on: (a)
Whether CARB's determination that its standards, in the aggregate, are
at least as protective of public health and welfare as applicable
federal standards is arbitrary and capricious, (b) whether California
needs such standards to meet compelling and extraordinary conditions,
and (c) whether California's standards and accompanying enforcement
procedures are consistent with section 209 of the Act.

IV. Procedures for Public Participation

    If a hearing is held, the Agency will make a verbatim record of the
proceedings. Interested parties may arrange with the reporter at the
hearing to obtain a copy of the transcript at their own expense.
Regardless of whether a public hearing is held, EPA will keep the
record open until December 15, 2011. Upon expiration of the comment
period, the Administrator will render a decision on CARB's request
based on the record from the public hearing, if any, all relevant
written submissions, and other information that she deems pertinent.
All information will be available for inspection at the EPA Air Docket
No. EPA-HQ-OAR-2011-0830.
    Persons with comments containing proprietary information must
distinguish such information from other comments to the greatest extent
possible and label it as ``Confidential Business Information''
(``CBI''). If a person making comments wants EPA to base its decision
on a submission labeled as CBI, then a non-confidential version of the
document that summarizes the key data or information should be
submitted to the public docket. To ensure that proprietary information
is not inadvertently placed in the public docket, submissions
containing such information should be sent directly to the contact
person listed above and not to the public docket. Information covered
by a claim of confidentiality will be disclosed by EPA only to the
extent allowed, and according to the procedures set forth in 40 CFR
part 2. If no claim of confidentiality accompanies the submission when
EPA receives it, EPA will make it available to the public without
further notice to the person making comments.

    Dated: October 25, 2011.
Margo Tsirigotis Oge,
Director, Office of Transportation and Air Quality, Office of Air and
Radiation.
[FR Doc. 2011-28116 Filed 10-28-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 118 (Wednesday, June 19, 2019)]
[Proposed Rules]
[Pages 28429-28431]
[FR Doc No: 2019-13020]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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

Federal Register / Vol. 84, No. 118 / Wednesday, June 19, 2019 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0399; Product Identifier 2018-NM-149-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all The Boeing Company Model 737 series airplanes, except for Model
737-100, --200, -200C, -300, -400, and -500 series airplanes. This
proposed AD was prompted by reports of separation of the lower aft
wing-to-body fairing panel 194E (``fairing panel 194E'') during flight,
due to worn or damaged nutplates on the support structure. This
proposed AD would require repetitive inspections of fairing panel 194E,
wheel well panel 193D, and support structure for discrepancies, and
related investigative and corrective actions if necessary. This
proposed AD would also require rework of the panels and support
structure, which would terminate the repetitive inspections. The FAA is
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by August 5,
2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may
view this referenced service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>. It
is also available on the internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2019-0399.

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-2019-
0399; 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 NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Alan Pohl, Aerospace Engineer,
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0399;
Product Identifier 2018-NM-149-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The agency
will consider all comments received by the closing date and may amend
this NPRM because of those comments.
    The FAA will post all comments, without change, to http://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact the agency receives about this NPRM.

Discussion

    The FAA has received several reports of separation of the lower aft
wing-to-body fairing panel 194E during flight. In two of these reports,
damage from the separation of that panel was also found on an adjacent
fairing panel. In another report, the panel was found loose. The
airplanes with loose or missing panels had accumulated between 1,270
and 43,200 total flight hours, and between 550 and 15,800 total flight
cycles. The FAA determined that the nutplates common to the forward
edge of the panel could become worn or damaged. In addition, worn or
damaged nutplates on the support structure for the wheel well panel
193D, which is adjacent to the 194E fairing panel, may also be a
contributing factor to the loss of the 194E fairing panel. This
condition, if not addressed, could result in separation of fairing
panel 194E.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Service Bulletin 737-53-1307, dated January
12, 2012. This service information describes procedures for repetitive
inspections of fairing panel 194E, wheel well panel 193D, and support
structure for discrepancies (including incorrect torque at the
fasteners and worn and damaged nutplates and fastener holes) and
corrective actions (including repair and replacement of nutplates and
fasteners). This service information also describes procedures for
rework of the panels and support structure, including related
investigative actions (general visual inspection of the panel and
support structure for damage) and repair, which together would
eliminate the need for the repetitive inspections.
    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.

FAA's Determination

    The FAA is proposing this AD because the agency evaluated all the

relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described previously, except as discussed
under ``Differences Between this Proposed AD and the Service
Information,'' and except for any differences identified as exceptions
in the regulatory text of this proposed AD.
    For information on the procedures and compliance times, see this
service information at http://www.regulations.gov by searching for and
locating Docket No. FAA-2019-0399.
    The phrase ``related investigative actions'' is used in this
proposed AD. Related investigative actions are follow-on actions that
(1) are related to the primary action, and (2) further investigate the
nature of any condition found. Related investigative actions in an AD
could include, for example, inspections.
    The phrase ``corrective actions'' is used in this proposed AD.
Corrective actions correct or address any condition found. Corrective
actions in an AD could include, for example, repairs.

Differences Between This Proposed AD and the Service Information

    The effectivity of Boeing Service Bulletin 737-53-1307, dated
January 12, 2012, is limited to Model 737-600, -700, -700C, -800, -900,
and -900ER series airplanes, line numbers 1 through 3532 inclusive.
However, the applicability of this proposed AD includes all Model 737
airplanes except for Model 737-100, -200, -200C, -300, -400, and -500
series airplanes. The FAA has determined, as has the design approval
holder, that affected parts can be installed on future deliveries.
Because the affected parts are rotable, the FAA has determined that
these parts could later be installed on airplanes that were initially
delivered with acceptable parts, thereby subjecting those airplanes to
the unsafe condition.
    Airplanes from line number 3533 through any airplane with an
original airworthiness certificate or an original export certificate of
airworthiness dated on or before the effective date of this AD would be
subject to the initial inspection requirement of this proposed AD, but
the inspection would not be required to be repeated if the airplane can
be demonstrated to have the post-reworked configuration of Boeing
Service Bulletin 737-53-1307, dated January 12, 2012, as specified in
paragraph (h) of this AD. (Note that the ``Parts Installation
Limitation'' specified in paragraph (i) of this AD would still apply.)

Costs of Compliance

    The FAA estimates that this proposed AD would affect 983 airplanes
of U.S. registry. The agency estimates the following costs to comply
with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.......................  8 work-hours x $85               $0  $680 per inspection  Up to $668,440 per
                                    per hour = $680                      cycle.               inspection cycle.
                                    per inspection
                                    cycle.
Rework...........................  25 work-hours x $85               0  $2,125.............  Up to $2,088,875.
                                    per hour = $2,125.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition repairs specified
in this proposed AD.

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.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.

Regulatory Findings

    The FAA has 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) 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.

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

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):

The Boeing Company: Docket No. FAA-2019-0399; Product Identifier
2018-NM-149-AD.

(a) Comments Due Date

    The FAA must receive comments by August 5, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737 series
airplanes, certificated in any category, except for Model 737-100, -
200, -200C, -300, -400, and -500 series airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of separation of lower aft wing-
to-body fairing panel 194E (``fairing panel 194E'') during flight,
due to worn or damaged nutplates on the 193D wheel well panel and
support structure. The FAA is issuing this AD to address separation
of fairing panel 194E.

(f) Compliance

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

(g) Repetitive Inspections and Corrective Actions

    (1) For airplanes with an original airworthiness certificate or
an original export certificate of airworthiness dated on or before
the effective date of this AD: Within 24 months after the effective
date of this AD, do a general visual inspection for discrepancies of
fairing panel 194E, wheel well panel 193D, and support structure,
and do all applicable related investigative and corrective actions,
in accordance with Part 1 and Part 2 of the Accomplishment
Instructions of Boeing Service Bulletin 737-53-1307, dated January
12, 2012. All applicable related investigative and corrective
actions must be done before further flight. Repeat the inspection
thereafter at intervals not to exceed 1,000 flight cycles.
    (2) For airplanes having line numbers 3533 and subsequent with
an original airworthiness certificate or an original export
certificate of airworthiness dated on or before the effective date
of this AD: If the initial inspection required by paragraph (g)(1)
shows that fairing panel 194E, wheel well panel 193D, and the
support structure have the number and type of attachments specified
in the post-reworked configuration of Boeing Service Bulletin 737-
53-1307, dated January 12, 2012, then the repetitive inspections
required by paragraph (g)(1) of this AD are terminated. The
requirements of paragraph (i) of this AD continue to apply.

(h) Terminating Action

    For airplanes with an original airworthiness certificate or an
original export certificate of airworthiness dated on or before the
effective date of this AD: Within 72 months after the effective date
of this AD, do the actions required by paragraph (h)(1) or (h)(2) of
this AD, as applicable. Accomplishing the actions in paragraph
(h)(1) or (h)(2) of this AD terminates the repetitive inspections
required by paragraph (g)(1) of this AD. The requirements of
paragraph (i) of this AD continue to apply.
    (1) Rework fairing panel 194E, wheel well panel 193D, and the
support structure, including accomplishment of all applicable
related investigative actions and repair, in accordance with Part 3
of the Accomplishment Instructions of Boeing Service Bulletin 737-
53-1307, dated January 12, 2012. All applicable related
investigative actions and repairs must be done before further
flight.
    (2) Verify that fairing panel 194E, wheel well panel 193D, and
the support structure have the number and type of attachments
specified in the post-reworked configuration of Boeing Service
Bulletin 737-53-1307, dated January 12, 2012.

(i) Parts Installation Limitation

    As of the effective date of this AD, no person may install a
fairing panel 194E on any airplane identified in paragraph (c) of
this AD, unless fairing panel 194E, wheel well panel 193D, and the
support structure have the number and type of attachments specified
in the post-reworked configuration of Boeing Service Bulletin 737-
53-1307, dated January 12, 2012.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (k)(1) of this AD. Information may be
emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.

(k) Related Information

    (1) For more information about this AD, contact Alan Pohl,
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on June 14, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-13020 Filed 6-18-19; 8:45 am]
 BILLING CODE 4910-13-P


	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2007; FRL-         ]

	Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Incorporation of On-board Diagnostic Testing and Other
Amendments to the Motor Vehicle Emission Inspection Program for the
Northern Virginia Program Area

AGENCY:	Environmental Protection Agency (EPA).

ACTION:	Final rule.

SUMMARY:  EPA is approving three State Implementation Plan (SIP)
revisions submitted by the Commonwealth of Virginia.  These revisions
pertain to the Commonwealth’s motor vehicle inspection and maintenance
(I/M) program for the Northern Virginia area that was previously
SIP-approved by EPA.  These three SIP revisions incorporate changes made
by the Commonwealth to the I/M program since EPA last approved the I/M
program as part of the SIP in 2002.  The most significant change to the
program is the incorporation of on-board diagnostic computer checks of
1996-and-newer model year vehicles as an element of the emission
inspection process for the Northern Virginia program area.  In addition,
Virginia made numerous minor changes to the program, including several
changes to test procedures and standards, as well as changes to its
roadside testing regimen.  The I/M program helps to ensure that highway
motor vehicles operate as cleanly as possible, by requiring vehicles to
be periodically tested and by identifying vehicles having high emissions
due to malfunctioning emission control systems.  Such vehicles must then
be repaired and retested by their owners, to the standards set by the
Commonwealth’s program.  Vehicle I/M programs address nitrogen oxide
and volatile organic compound emissions, both of which are precursors to
formation of ground level ozone pollution, as well as the pollutant
carbon monoxide.  This action is being taken under the Clean Air Act
(CAA).

EFFECTIVE DATE:  This final rule is effective on [insert date 30 days
from date of publication].

ADDRESSES:  EPA has established a docket for this action under Docket
ID Number EPA-R03-OAR-2007-0185.  All documents in the docket are listed
in the www.regulations.gov website.   Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (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 through www.regulations.gov or in hard
copy for public inspection 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 Virginia Department of Environmental
Quality, 629 East Main Street, Richmond, Virginia, 23219.

FOR FURTHER INFORMATION CONTACT:  Brian Rehn,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I.	Background

On February 12, 2008 (73 FR 8018), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Virginia.  The NPR proposed
approval of three separate revisions made by Virginia to its prior,
SIP-approved motor vehicle inspection and maintenance program.  These
three formal SIP revisions were submitted by Virginia on December 18,
2002, April 2, 2003, and June 18, 2007, respectively.

The Northern Virginia I/M program area is comprised of the following
localities: the counties

of Arlington, Fairfax, Loudoun, Prince William, and Stafford; and the
cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas
Park.  It is designated by EPA as a moderate 8-hour ozone nonattainment
area.  The Commonwealth’s revised I/M program satisfies federal
requirements under sections 182 and 184 of the Clean Air Act applicable
to enhanced I/M programs.

Summary of SIP Revision

The Commonwealth’s December 2002, April 2003, and June 2007 I/M SIP
revisions latest revisions serve to amend the Commonwealth’s prior,
EPA-approved enhanced I/M SIP, which was published as a final rulemaking
action in the September 1, 1999 edition of the Federal Register (64 FR
47670).

The Commonwealth SIP revisions are comprised of amended versions of
Virginia’s regulations governing the emissions inspection program.
The purpose of these changes to Virginia

regulation was to make changes that the Virginia Department of
Environmental Quality (VA DEQ) deemed necessary for continued operation
of the enhanced I/M program.  Some of these regulatory amendments were
made by Virginia to reflect changing federal requirements and policies
that apply to enhanced emission inspection programs, and some updates
were to address changes made to relevant Virginia law since the
inception of the enhanced I/M program.

The most significant of the changes comprised within the December 18,
2002 SIP revision is the incorporation of on-board diagnostic checks of
1996 and newer vehicles subject to emissions testing.  Virginia also
updated its testing procedures to stay abreast of changes needed based
upon past operation of the program.  Virginia also modified
applicability requirements for the

I/M program to address the changing dynamic of the vehicle fleet
operating in the program area.  Virginia also amended its regulation to
enhance the Commonwealth’s ability to effectively enforce the emission
inspection program.  Below is a summary of the most significant changes
to the Commonwealth’s vehicle emission inspection program regulations
submitted as part of the December 18, 2002 SIP revision:

1.	Incorporation of on-board diagnostic testing of vehicles equipped
with second generation on-board diagnostics (OBD-II), as well as checks
of OBD -II equipped 1997 and newer diesel-powered vehicles.

2.	Revision of program model year coverage to exempt vehicles 25-years
old and older at the time of testing, in lieu of the previous exemption
of 1968 and older model vehicles.

3.	Revision of acceleration-simulation mode (ASM) emission standards and
removal of ASM test procedure pre-screening requirements.

4.	Tightening of two-speed idle emission test standards, to reflect
advanced technology and lower emission levels of 1990 and newer
vehicles.

5.	Relaxation of roadside remote sensing standards, and greater
flexibility for VA DEQ in use of various pollutants as roadside
screening criteria.

6.	Repeal of requirement for evaporative system purge testing.

7.	Revision of requirements for federal and private fleet testing and
reporting, and add “sensitive mission vehicle” fleet emission
inspection station permit category.

8.	Revision of visible emissions standard to include a standard for
diesel-powered vehicles now subject to OBD testing.

9.	Elimination of deadlines for waiver limit increases that have already
passed; and required vehicles that received a waiver in another state to
be tested if subject to Virginia’s I/M program.

10.	 Repeal of requirements limiting warranty eligibility for certain
emissions short tests.

11.	 Modification of penalty schedule for major violations related to
emissions inspections.

12.	 Revision of a number of definitions to reflect related regulatory
changes, and the repeal   of others that are no longer needed to support
the Commonwealth’s regulations.

Virginia’s April 2, 2003 SIP revision serves to makes a technical
correction to the June 2002 version of the emission inspection program
regulation that was submitted as part of the December 2002 SIP revision.
 This later amendment corrects a technical error in Virginia’s prior
emission inspection program regulation concerning emission inspector
identification numbers.

Virginia’s June 18, 2007 SIP revision contains a more recent version
of the Commonwealth’s I/M regulation since the June 2002 version of
the regulation submitted as part of the December 18, 2002 SIP revision.
This June 2007 SIP revision contains revised provisions related to
on-road testing of vehicles (i.e., remote sensing) operated (primarily)
in Northern Virginia.  The purpose of this SIP revision is to help
Virginia ensure motorist compliance with the I/M program and to
supplement state enforcement activities.

EPA is taking a single rulemaking action today upon the December 18,
2002, the April 2, 2003, and the June 18, 2007 SIP revisions.

III. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

In 1995, Virginia adopted legislation that provides, subject to certain
conditions, for an environmental assessment (audit) “privilege” for
voluntary compliance evaluations performed by a regulated entity.  The
legislation further addresses the relative burden of proof for parties
either asserting the privilege or seeking disclosure of documents for
which the privilege is claimed.  Virginia's legislation also provides,
subject to certain conditions, for a penalty waiver for violations of
environmental laws when a regulated entity discovers such violations
pursuant to a voluntary compliance evaluation and voluntarily discloses
such violations to the Commonwealth

and takes prompt and appropriate measures to remedy the violations.
Virginia's Voluntary Environmental Assessment Privilege Law, Va. Code
Sec. 10.1-1198, provides a privilege that protects from disclosure
documents and information about the content of those documents that are
the product of a voluntary environmental assessment. The Privilege Law
does not extend to documents or information (1) that are generated or
developed before the commencement of a voluntary environmental
assessment; (2) that are prepared independently of the assessment
process; (3) that demonstrate a clear, imminent and substantial danger
to the public health or environment; or (4) that are required by law.

On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the Privilege
law, Va. Code Sec. 10.1-1198,  precludes granting a privilege to
documents and information “required by law,” including documents and
information “required by Federal law to maintain program delegation,
authorization or approval,” since Virginia must (enforce Federally
authorized environmental programs in a manner that is no less stringent
than their Federal counterparts. . . .”   The opinion concludes that
“[r]egarding ( 10.1-1198, therefore, documents or other information
needed for civil or criminal enforcement under one of these programs
could not be privileged because such documents and information are
essential to pursuing enforcement in a manner required by Federal law to
maintain program delegation, authorization or approval.”

Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that “[t]o
the extent consistent with

requirements imposed by Federal law,”  any person making a voluntary
disclosure of information to a state agency regarding a violation of an
environmental statute, regulation, permit, or administrative order is
granted immunity from administrative or civil penalty.  The Attorney
General's January 12, 1998 opinion states that the quoted language
renders this statute inapplicable to enforcement of any Federally
authorized programs, since “no immunity could be afforded from
administrative, civil, or criminal penalties because granting such
immunity would not be consistent with Federal law, which is one of the
criteria for immunity.”

Therefore, EPA has determined that Virginia's Privilege and Immunity
statutes will not preclude the Commonwealth from enforcing its program
consistent with the Federal requirements.  In any event, because EPA has
also determined that a state audit privilege and immunity law can affect
only state enforcement and cannot have any impact on Federal enforcement
authorities, EPA may at any time invoke its authority under the CAA,
including, for example, sections 113, 167, 205, 211 or 213, to enforce
the requirements or prohibitions of the state plan, independently of any
state enforcement effort.  In addition, citizen enforcement under
section 304 of the Clean Air Act is likewise unaffected by this, or any,
state audit privilege or immunity law.

Other specific requirements for an enhanced I/M program, and the
rationale for EPA's proposed action, are explained in the NPR and will
not be restated here.  No public comments were received on the NPR.

III.	Final Action

EPA is approving three SIP revisions formally submitted to EPA by the
Commonwealth on December 18, 2002, April 2, 2003, and June 18, 2007 as
revisions to the Virginia SIP.

IV.   Statutory and Executive Order Reviews

A.   General Requirements

Under the Clean Air Act, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act 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 Clean Air Act.  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 Order 12866 (58 FR
51735, October 4, 1993);

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 (Public Law 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
Clean Air Act; 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 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.

B.   Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating the
rule must submit a rule report, which includes a copy of the rule, to
each House of the Congress and to the Comptroller General of the United
States.  EPA will submit a report containing this action and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register.  A major rule cannot
take effect until 60 days after it is published in the Federal Register.
 This action is not a “major rule” as defined by 5 U.S.C. 804(2).

C.  Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for judicial
review of this action must be filed in the United States Court of
Appeals for the appropriate circuit by [Insert date 60 days from date of
publication of this document in the Federal Register].  Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action.  This action approving Virginia’s enhanced I/M program
may not be challenged later in proceedings to enforce its requirements.
(See section 307(b)(2).)

List of Subjects in 40 CFR part 52

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

_________________					_________________________

Dated:                            				Donald S. Welsh,
              								Regional Administrator,

                                  					Region III.

40 CFR Part 52 is amended as follows:

PART 52 - [AMENDED]

1.  The authority citation for 40 CFR part 52 continues to read as
follows:

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

Subpart VV ( Virginia

2.  In ( 52.2420, the table in paragraph (c) is amended by revising or
removing the following entries for Chapter 91:

	a. Revising Part I, section 5-91-20.

	b. Revising Part II, sections 5-91-30, 5-91-50, 5-91-70, and 5-91-120.

	c. Revising Part III, sections 5-91-160 through 5-91-210.

	d. Revising Part IV, sections 5-91-220, 5-91-230, 5-91-260, 5-91-270,
and 5-91-20 through 5-91-340.

	e. Revising Part V, section 5-91-380.

	f. Removing Part VI, sections 5-91-460 and 5-91-470.

	g. Revising Part VI, sections 5-91-410 through 5-91-450, 5-91-480, and
5-91-490.

 	h. Revising Part VII, sections 5-91-500 through 5-91-540.

	i. Revising Part VIII, sections 5-91-550 through 5-91 580.

	j. Revising Part IX, sections 5-91-590 through 5-91-620.

	k. Revising Part X, sections 5-91-650 through 5-91-710.

	l. Revising Part XI, section 5-91-720.

	m. Revising Part XII, sections 5-91-740 through 5-91-760.

	n. Removing Part XIII in its entirety.

	o. Revising Part XIV, sections 5-91-790 and 5-91-800.

The amendments read as follows:

( 52.2420  	Identification of plan.

*	*	*	*	*

(c) * * *

	EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES

State citation     (9 VAC 5)

Title/subject

State effective date

EPA approval date

Explanation [former SIP citation]

*     *     *     *     *    *     *

Chapter 91	Regulations for the Control of Motor Vehicle Emissions in the
Northern Virginia Area

Part I   	Definitions

*     *     *     *     *    *     *

5-91-20	Terms defined.	6/29/05	[Insert Federal Register publication
date] [Insert page number where the document begins]

	Part II	General Provisions

5-91-30	Applicability and authority of the department.	10/1/02	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	*     *     *     *     *    *     *

5-91-50	Documents incorporated by reference.	10/1/02	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	*     *     *     *     *    *     *

5-91-70	Appeal of case decisions.	10/1/02	[Insert Federal Register
publication date] [Insert page number where the document begins]

	*     *     *     *     *    *     *

5-91-120	Export and import of motor vehicles.	10/1/02	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	*     *     *     *     *    *     *

Part III	Emission Standards for Motor Vehicle Air Pollution

5-91-160	Exhaust emission standards for two-speed idle testing in
enhanced emissions inspection programs.	6/29/05	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-91-170	Exhaust emission standards for ASM testing in enhanced
emissions inspection programs.	10/1/02	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-91-180	Exhaust emission standards for on-road testing through remote
sensing.	6/29/05	[Insert Federal Register publication date] [Insert page
number where the document begins]

	5-91-190	Emissions control system standards.	10/1/02	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-91-200	Evaporative emissions standards.	10/1/02	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-91-210	Visible emissions standards.	10/1/02	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Part IV	Permitting and Operation of Emissions Inspection Stations

5-91-220	General provisions.	10/1/02	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-91-230	Applications.	10/1/02	[Insert Federal Register publication
date] [Insert page number where the document begins]

	*     *     *     *     *    *     *

5-91-260	Emissions inspection station permits, categories.	10/1/02
[Insert Federal Register publication date] [Insert page number where the
document begins]

	5-91-270	Permit renewals.	10/1/02	[Insert Federal Register publication
date] [Insert page number where the document begins]

	*     *     *     *     *    *     *

5-91-290	Emissions inspection station operations.	10/1/02	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-91-300	Emissions inspection station records.	10/1/02	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-91-310	Sign and permit posting.	10/1/02	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-91-320	Equipment and facility requirements.	10/1/02	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-91-330	Analyzer system operation.	10/1/02	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-91-340	Motor vehicle inspection report; certificate of emissions
inspection.	10/1/02	[Insert Federal Register publication date] [Insert
page number where the document begins]

	*     *     *     *     *    *     *

5-91-360	Inspector identification number and access code usage.	10/1/02
[Insert Federal Register publication date] [Insert page number where the
document begins]	Retitled and amended

5-91-370	Fleet emissions inspection stations; mobile fleet inspection
stations.	10/1/02	[Insert Federal Register publication date] [Insert
page number where the document begins]

	Part V	Emissions Inspector Testing and Licensing

5-91-380	Emissions inspector licenses and renewals.	10/21/02	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	*     *     *     *     *    *     *

Part VI	Inspection Procedures

5-91-410	General.	10/1/02	[Insert Federal Register publication date]
[Insert page number where the document begins]

	5-91-420	Inspection procedure; rejection, pass, fail, waiver.	10/1/02
[Insert Federal Register publication date] [Insert page number where the
document begins]

	5-91-430	ASM test procedure.	10/1/02	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-91-440	Two-speed idle test procedure.	10/1/02	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-91-450	Evaporative system pressure test and gas cap pressure test
procedure.	10/1/02	[Insert Federal Register publication date] [Insert
page number where the document begins]	Retitled and amended

5-91-480	Emissions related repairs.	10/1/02	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-91-490	Engine and fuel changes.	10/1/02	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Part VII	Vehicle Emissions Repair Facility Certification

5-91-500	Applicability and authority.	10/1/02	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-90-510	Certification qualifications.	10/1/02	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-91-520	Expiration, reinstatement, renewal, and requalification.
10/1/02	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-91-530	Emissions and repair facility operations.	10/1/02	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-91-540	Sign and certificate posting.	10/1/02	[Insert Federal Register
publication date] [Insert page number where the document begins]
Retitled and amended

Part VIII	Emissions Repair Technician Certification and Responsibilities

5-91-550	Applicability and authority.	10/1/02	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-91-560	Certification qualifications for emissions repair technicians.
10/1/02	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-91-570	Expiration, reinstatement, renewal and requalification.
10/1/02	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-91-580	Certified emissions repair technician responsibilities.
10/1/02	[Insert Federal Register publication date] [Insert page number
where the document begins]

	Part IX	Enforcement Procedures

5-91-590	Enforcement of regulations, permits, licenses, certifications
and orders.	10/1/02	[Insert Federal Register publication date] [Insert
page number where the document begins]

	5-91-600	General enforcement process.	10/1/02	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-91-610	Consent orders and penalties for violations.	10/1/02	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-91-620	Major violations.	10/1/02	[Insert Federal Register publication
date] [Insert page number where the document begins]

	*     *     *     *     *    *     *

Part X	Analyzer System Certification and Specifications for Enhanced
Emissions Inspection Programs

*     *     *     *     *    *     *

5-91-650	Design goals.	10/1/02	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-91-660	Warranty; service contract.	10/1/02	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-91-670	Owner-provided services.	10/1/02	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-91-680	Certification of analyzer systems.	10/1/02	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-91-690	Span gases; gases for calibration purposes.	10/1/02	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-91-700	Calibration of exhaust gas analyzers.	10/1/02	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-91-710	Upgrade of analyzer system.	10/1/02	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Part XI	Manufacturer Recall

5-91-720	Vehicle manufacturers recall.	10/1/02	[Insert Federal Register
publication date] [Insert page number where the document begins]

	*     *     *     *     *    *     *

Part XII	On-road Testing

5-91-740	General requirements.	6/29/05	[Insert Federal Register
publication date] [Insert page number where the document begins]

5-91-750	Operating procedures; violation of standards.	6/29/05	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-91-760	Schedule of civil charges.	6/29/05	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Part XIV	ASM Exhaust Emission Standards

5-91-790	ASM start-up standards.	10/1/02	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-91-800	ASM final standards.	10/1/02	[Insert Federal Register
publication date] [Insert page number where the document begins]

	*     *     *     *     *    *     *

*    *     *     *      *

 PAGE

 PAGE   2

 PAGE  25


[Federal Register: September 9, 2008 (Volume 73, Number 175)]
[Notices]
[Page 52352]
[DOCID:fr09se08-78]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13108-002]

FFP Detroit 1, LLC; Notice of Surrender of Preliminary Permit

September 2, 2008.
    Take notice that FFP Detroit 1, LLC, permittee for the proposed
Detroit River Project, has requested that its preliminary permit be
terminated. The permit was issued on July 17, 2008, and would have
expired on June 30, 2011.\1\ The project would have been located on the
Detroit River in Wayne County, Michigan.
---------------------------------------------------------------------------

    \1\ 124 FERC ] 62,047.
---------------------------------------------------------------------------

    The permittee filed the request on August 21, 2008, and the
preliminary permit for Project No. 13108 shall remain in effect through
the thirtieth day after issuance of this notice unless that day is a
Saturday, Sunday, part-day holiday that affects the Commission, or
legal holiday as described in section 18 CFR 385.2007, in which case
the effective date is the first business day following that day. New
applications involving this project site, to the extent provided for
under 18 CFR Part 4, may be filed on the next business day.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-20803 Filed 9-8-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: February 8, 2006 (Volume 71, Number 26)]
[Notices]
[Page 6461-6462]
[DOCID:fr08fe06-64]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP99-220-022]

Great Lakes Gas Transmission Limited Partnership; Notice of
Negotiated Rate Agreement

February 2, 2006.
    Take notice that on January 27, 2006, Great Lakes Gas Transmission
Limited Partnership (Great Lakes) filed for disclosure, a
transportation service agreement pursuant to Great Lakes' Rate Schedule
FT entered into by Great Lakes and WPS Energy Services Inc. (WPS) (FT
Service Agreement).
    Great Lakes states that the FT Service Agreement being filed
reflects a negotiated rate arrangement between Great Lakes and WPS
commencing February 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 online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-1699 Filed 2-7-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: November 21, 2008 (Volume 73, Number 226)]
[Notices]
[Page 70683]
[DOCID:fr21no08-99]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Federal Register Citation of Previous Announcement 73 FR 67905,
November 17, 2008.

Status: Open Meeting.

Place: 100 F Street, NW., Washington, DC.

Date and Time of Previously Announced Meeting: November 19, 2008.

Change in the Meeting: Deletion of an Item.
    The following item will not be considered during the Open Meeting
on Wednesday, November 19, 2008:

whether to adopt rule amendments that would impose additional
requirements on nationally recognized statistical rating
organizations in order to address concerns about the integrity of
their credit rating procedures and methodologies.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items. For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact the Office of the Secretary at<PHONE_NUMBER>.

    Dated: November 19, 2008.
Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-27832 Filed 11-20-08; 8:45 am]

BILLING CODE 8011-01-P


                    UNITED STATES OF AMERICA

            DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                             WASHINGTON, DC

Issued by the Department of Transportation on February 7, 2006

NOTICE OF ACTION TAKEN - DOCKET OST-2006-23526

_______________________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of   Delta Air Lines, Inc.  filed  1/3/2006 for:

XX  Exemption for two years under 49 U.S.C. 40109 to provide the
following service:

Scheduled foreign air transportation of persons, property, and mail
between Atlanta, Georgia, on the one hand, and Quito and Guayaquil,
Ecuador, on the other, and authority to integrate this authority with
its existing certificate and exemption authority.

XX  Allocation of seven weekly U.S.-Ecuador frequencies to provide new
scheduled service in the market as described above.

Applicant rep:  Robert E. Cohn<PHONE_NUMBER>    DOT Analyst:  Gerald
Caolo<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted Exemption and Route Integration Authority (subject to
conditions, see below)

XX  Granted Frequency Allocation (subject to conditions, see below)

The above action granting exemption and route integration authority was
effective when taken:

February 7, 2006, through  February 7, 2008.

The frequency allocation was granted  February 7, 2006, and will remain
in effect indefinitely, provided that Delta continues to hold the
necessary underlying authority to serve the Atlanta-Quito and Guayaquil
markets.

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX   The authority granted is consistent with the Air Transport Services
Agreement between the United States and Ecuador.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  	XX  Holder’s
certificates of public convenience and necessity

		XX  Standard exemption conditions (attached)

___________________________________________

Conditions:  Consistent with our standard practice, the frequency
allocation granted is subject to the condition that if any of the
frequencies (once inaugurated) is not used for a period of 90 days, the
allocation with respect to that frequency will expire automatically and
the frequency will revert to the

Department for reallocation.  If Delta does not begin service with all
the allocated frequencies by June 10, 2006, each unused frequency will
automatically revert to the Department for reallocation.

2

The route integration authority granted is subject to the condition that
any service provided under this exemption shall be consistent with all
applicable agreements between the United States and the foreign
countries involved.  Furthermore, (a) nothing in the award of the route
integration authority requested should be construed as conferring upon
Delta rights (including fifth-freedom intermediate and/or beyond rights)
to serve markets where U.S. carrier entry is limited unless Delta
notifies the Department of its intent to serve such a market and unless
and until the Department has completed any necessary carrier selection
procedures to determine which carrier(s) should be authorized to
exercise such rights; and (b) should there be a request by any carrier
to use the limited-entry route rights that are included in Delta’s
authority by virtue of the route integration exemption granted here, but
that are not then being used by Delta, the holding of such authority by
route integration will not be considered as providing any preference for
Delta in a competitive carrier selection proceeding to determine which
carrier(s) should be entitled to use the authority at issue.

________________________________________________________________________
______________

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the exemption services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this order is available on the World Wide Web
at:

  HYPERLINK "http://dms.dot.gov//reports/reports_ aviation.asp"
http://dms.dot.gov//reports/reports_ aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

05/2004

 While Delta states that it will begin service on June 1, 2006, we will
extend the startup date slightly beyond that date to provide a
reasonable opportunity for full introduction of the new service proposed
without the risk of losing frequencies.  Should Delta need an extension
beyond June 10, it will need to request such extension formally.

 PAGE   3


State Facility Name SIC Code BART Source Category Baseline NOx Emissions ( Tons) Baseline SO2 Emissions ( Tons)


[Federal Register: February 16, 2006 (Volume 71, Number 32)]
[Notices]
[Page 8294]
[DOCID:fr16fe06-58]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-207-000]

Ozark Gas Transmission, L.L.C.; Notice of Proposed Changes in
FERC Gas Tariff

February 9, 2006.
    Take notice that on February 2, 2006, Ozark Gas Transmission L.L.C.
(Ozark) tendered for filing as part of its FERC Gas Tariff, Original
Volume No. 1, the following revised tariff sheet to be effective
February 15, 2006:

Second Revised Sheet No. 0
Third Revised Sheet No. 19
First Revised Sheet No. 33
Second Revised Sheet No. 43
First Revised Sheet No. 59A
First Revised Sheet No. 60B
Second Revised Sheet No. 97
Second Revised Sheet No. 125
First Revised Sheet No. 135
Second Revised Sheet No. 144
First Revised Sheet No. 152
First Revised Sheet No. 155D

    Ozark states that the filing is being made to reflect the correct
contact personnel and addresses for Ozark in the tariff in light of the
recent change in ownership of Ozark's parent company.
    Ozark further states that it has served copies of this filing upon
the company's jurisdictional customers and interested state
commissions.
    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. E6-2247 Filed 2-15-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: December 16, 2005 (Volume 70, Number 241)]
[Notices]
[Page 74797-74798]
[DOCID:fr16de05-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

December 12, 2005.
    Take notice that the Commission received the following electric
rate filings.
    Docket Numbers: ER04-1137-000; ER06-19-002.
    Applicants: MeadWestvaco Energy Services, LLC.
    Description: MeadWestvaco Energy Services, LLC submits a supplement
to its October 7, 2005 & November 3, 2005 notifications to the
Commission that it changed its name to NewPage Energy Services, LLC.
    Filed Date: December 1, 2005.
    Accession Number: 20051207-0083.
    Comment Date: 5 p.m. Eastern Time on Thursday, December 22, 2005.

    Docket Numbers: ER05-1181-002.
    Applicants: PJM Interconnection L.L.C.
    Description: PJM Interconnection, LLC submits amended tariff sheets
Revised Sheet No. 250 et al.to FERC Electric Tariff, Sixth Revised
Volume 1 to be effective February 1, 2006 in compliance with FERC's
August 31, 2005 letter.
    Filed Date: November 30, 2005.
    Accession Number: 20051206-0027.
    Comment Date: 5 p.m. Eastern Time on Wednesday, December 21, 2005.

    Docket Numbers: ER05-1366-001; ER05-1367-001; ER05-1368-001; ER05-
1369-002; ER05-1370-001; ER05-1371-001; ER05-1372-001; ER05-1373-001;
ER05-1374-001; ER05-1375-001; ER05-1376-001.
    Applicants: Cincinnati Gas & Electric Company; PSI Energy, Inc.;
Union Light Heat & Power Company; Cinergy Marketing & trading, LP;
Brownsville Power I, L.L.C.; Caledonia Power I, L.L.C.; CinCap IV, LLC;
CinCap V, LLC; Cinergy Capital & Trading, Inc.; Cinergy Power
Investments, Inc.; St. Paul Cogeneration, LLC.
    Description: Cincinnati Gas and Electric Co et al submits First
Revised Sheet No. 5 et al to FERC Electric Tariff, Original Volume
No.1, to be effective January 1, 2006 pursuant to FERC's 11/22/05
Order.
    Filed Date: December 1, 2005.
    Accession Number: 20051206-0025.
    Comment Date: 5 p.m. Eastern Time on Thursday, December 22, 2005.
    Docket Numbers: ER05-167-002.
    Applicants: California Power Exchange Corporation.
    Description: California Power Exchange Corp submits its compliance

filing for Rate Periods 1 thru 7 pursuant to Rate Case Settlement
Agreement.
    Filed Date: December 1, 2005.
    Accession Number: 20051206-0026.
    Comment Date: 5 p.m. Eastern Time on Thursday, December 22, 2005.
    Docket Numbers: ER06-149-001.
    Applicants: Entergy Services, Inc.
    Description: Entergy Services, Inc submits the signature pages to
the November 2, 2005 filing of two rate schedules providing for power
coordination and interchange services to Conway and West Memphis,
Arkansas.
    Filed Date: December 1, 2005.
    Accession Number: 20051206-0024.
    Comment Date: 5 p.m. Eastern Time on Thursday, December 22, 2005.
    Docket Numbers: ER06-156-000.
    Applicants: Southern Company Services, Inc.
    Description: Southern Company Services, Inc, acting as agent for
Alabama Power Co, submits an errata to the November 3, 2005 notice of
cancellation of the firm power purchase contract with Alabama Municipal
Electric Authority.
    Filed Date: December 1, 2005.
    Accession Number: 20051205-0230.
    Comment Date: 5 p.m. Eastern Time on Thursday, December 22, 2005.
    Docket Numbers: ER06-273-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits a notice of succession of certain transmission service
agreement & network integration transmission service & operating
agreements.
    Filed Date: December 1, 2005.
    Accession Number: 20051205-0065.
    Comment Date: 5 p.m. Eastern Time on Thursday, December 22, 2005.
    Docket Numbers: ER06-274-000.
    Applicants: Southwestern Public Service Company.
    Description: Southwestern Public Service Co submits changes in
rates and rate design applicable to service to Cap Rock Energy Corp, et
al.
    Filed Date: December 1, 2005.
    Accession Number: 20051205-0209.
    Comment Date: 5 p.m. Eastern Time on Thursday, December 22, 2005.
    Docket Numbers: ER06-278-000.
    Applicants: Nevada Hydro Company, Inc.
    Description: The Nevada Hydro Co Inc submits Rate Request pursuant
to section 205 of the Federal Power Act implementing regulations re the
Lake Elsinore Advance Pump Storage Project.
    Filed Date: December 1, 2005.
    Accession Number: 20051207-0330.
    Comment Date: 5 p.m. Eastern Time on Thursday, December 22, 2005.
    Docket Numbers: ER06-281-000.
    Applicants: TECO EnergySource, Inc.
    Description: TECO EnergySource, Inc submits a notice of
cancellation for the purpose of terminating its market-based electric
tariff.
    Filed Date: December 1, 2005.
    Accession Number: 20051207-0080.
    Comment Date: 5 p.m. Eastern Time on Thursday, December 22, 2005.
    Docket Numbers: ER06-282-000.
    Applicants: New England Power Pool.
    Description: The New England Power Pool Participants Committee
submits the transmittal letter along with counterpart signature pages
of the New England Power Pool Agreement.
    Filed Date: December 1, 2005.
    Accession Number: 20051207-0066.
    Comment Date: 5 p.m. Eastern Time on Thursday, December 22, 2005.
    Docket Numbers: ER06-283-000.
    Applicants: Avista Corporation.
    Description: Avista Corp submits Original Service Agreement No.
324, which is an Agreement for Purchase & Sale of Power with Public
Utility District No. 1 of Douglas County, WA.
    Filed Date: December 1, 2005.
    Accession Number: 20051207-0067.
    Comment Date: 5 p.m. Eastern Time on Thursday, December 22, 2005.
    Docket Numbers: ER96-1947-018; EL05-111-000.
    Applicants: LS Power Marketing, LLC.
    Description: LS Power Marketing, LLC submits its Third Revised
Market-based Rate Tariff in compliance with FERC's November 30, 2005
Order.
    Filed Date: November 30, 2005.
    Accession Number: 20051206-0023.
    Comment Date: 5 p.m. Eastern Time on Wednesday, December 21, 2005.
    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 and the Applicant.
    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 dockets(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. E5-7421 Filed 12-15-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 137 (Tuesday, July 19, 2022)]
[Notices]
[Pages 43019-43020]
[FR Doc No: 2022-15352]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC22-89-000.
    Applicants: Sapphire Sky Wind Energy LLC, WEC Infrastructure LLC.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act of Sapphire Sky Wind Energy LLC, et al.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5129.
    Comment Date: 5 p.m. ET 8/3/22.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG22-166-000.
    Applicants: Allora Solar, LLC.
    Description: Allora Solar, LLC submits Notice of Self-Certification
of Exempt Wholesale Generator Status.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5082.
    Comment Date: 5 p.m. ET 8/3/22.

    Docket Numbers: EG22-167-000.
    Applicants: Bulldog Solar, LLC.
    Description: Bulldog Solar, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5083.
    Comment Date: 5 p.m. ET 8/3/22.

    Docket Numbers: EG22-168-000.
    Applicants: Cabin Creek Solar, LLC.
    Description: Cabin Creek Solar, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5085.
    Comment Date: 5 p.m. ET 8/3/22.

    Docket Numbers: EG22-169-000.
    Applicants: PGR 2021 Lessee 12, LLC.
    Description: Self-Certification of Exempt Wholesale Generator of
PGR 2021 Lessee 12, LLC.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5084.
    Comment Date: 5 p.m. ET 8/3/22.

    Docket Numbers: EG22-170-000.
    Applicants: Gunsight Solar, LLC.
    Description: Gunsight Solar, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5086.
    Comment Date: 5 p.m. ET 8/3/22.

    Docket Numbers: EG22-171-000.
    Applicants: PGR 2021 Lessee 9, LLC.
    Description: PGR 2021 Lessee 9, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5089.
    Comment Date: 5 p.m. ET 8/3/22.

    Docket Numbers: EG22-172-000.
    Applicants: PGR 2021 Lessee 11, LLC.
    Description: PGR 2021 Lessee 11, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5090.
    Comment Date: 5 p.m. ET 8/3/22.

    Docket Numbers: EG22-173-000.
    Applicants: PGR 2021 Lessee 13, LLC.
    Description: PGR 2021 Lessee 13, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5096.
    Comment Date: 5 p.m. ET 8/3/22.

    Docket Numbers: EG22-174-000.
    Applicants: PGR 2021 Lessee 15, LLC.
    Description: PGR 2021 Lessee 15, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5097.
    Comment Date: 5 p.m. ET 8/3/22.

    Docket Numbers: EG22-175-000.
    Applicants: PGR 2021 Lessee 19, LLC.
    Description: PGR 2021 Lessee 19, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5098.
    Comment Date: 5 p.m. ET 8/3/22.

    Docket Numbers: EG22-176-000.
    Applicants: Phobos Solar, LLC.
    Description: Phobos Solar, LLC submits Notice of Self-Certification
of Exempt Wholesale Generator Status.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5099.

    Comment Date: 5 p.m. ET 8/3/22.

    Docket Numbers: EG22-177-000.
    Applicants: Sonny Solar, LLC.
    Description: Sonny Solar, LLC submits Notice of Self-Certification
of Exempt Wholesale Generator Status.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5100.
    Comment Date: 5 p.m. ET 8/3/22.

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

    Docket Numbers: ER21-65-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Refund Report for August 2020 of Tri-State Generation
and Transmission Association, Inc.
    Filed Date: 7/12/22.
    Accession Number: 20220712-5195.
    Comment Date: 5 p.m. ET 8/2/22.

    Docket Numbers: ER21-434-000.
    Applicants: Nevada Power Company.
    Description: Refund Report: NVE Refund Report to be effective N/A.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5157.
    Comment Date: 5 p.m. ET 8/3/22.

    Docket Numbers: ER22-2364-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2022-07-13_SA 3180 Dunns
Bridge Solar-NIPSCO 3rd Rev GIA (J643 J847) to be effective 7/6/2022.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5030.
    Comment Date: 5 p.m. ET 8/3/22.

    Docket Numbers: ER22-2365-000.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Illinois Company.
    Description: Sec.  205(d) Rate Filing: Midcontinent Independent
System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii: 2022-
07-13_SA 3861 Ameren-ComEd Construction Agreement to be effective 9/12/
2022.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5049.
    Comment Date: 5 p.m. ET 8/3/22.

    Docket Numbers: ER22-2366-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee.
    Description: Sec.  205(d) Rate Filing: ISO New England Inc. submits
tariff filing per 35.13(a)(2)(iii: ISO-NE/NEPOOL; Info Sharing in
Response to Cyber Sec Exigency Under Info Policy to be effective 9/11/
2022.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5052.
    Comment Date: 5 p.m. ET 8/3/22.

    Docket Numbers: ER22-2367-000.
    Applicants: GenConn Middletown LLC.
    Description: Initial rate filing: Submission of Rate Schedule for
GenConn Middletown LLC to be effective 9/12/2022.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5068.
    Comment Date: 5 p.m. ET 8/3/22.

    Docket Numbers: ER22-2368-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA, Service
Agreement No. 5979; Queue No. AD2-085 to be effective 2/3/2021.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5070.
    Comment Date: 5 p.m. ET 8/3/22.

    Docket Numbers: ER22-2369-000.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Illinois Company.
    Description: Sec.  205(d) Rate Filing: Midcontinent Independent
System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii: 2022-
07-13_SA 3862 Ameren-ComEd As Available Agreement to be effective 9/12/
2022.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5080.
    Comment Date: 5 p.m. ET 8/3/22.

    Docket Numbers: ER22-2370-000.
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company.
    Description: Sec.  205(d) Rate Filing: Alabama Power Company
submits tariff filing per 35.13(a)(2)(iii: Dale County Solar Project
(Hybrid Project) LGIA Filing to be effective 7/13/2022.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5120.
    Comment Date: 5 p.m. ET 8/3/22.

    Docket Numbers: ER22-2371-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3983 Flat Ridge 5 Wind
Energy GIA to be effective 7/7/2022.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5144.
    Comment Date: 5 p.m. ET 8/3/22.

    Docket Numbers: ER22-2372-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3984 Cowskin Solar Energy
GIA to be effective 7/7/2022.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5148.
    Comment Date: 5 p.m. ET 8/3/22.

    Docket Numbers: ER22-2373-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3716R1 Caddo Wind, LLC GIA
to be effective 6/16/2022.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5152.
    Comment Date: 5 p.m. ET 8/3/22.

    Docket Numbers: ER22-2374-000.
    Applicants: Florida Power & Light Company.
    Description: Sec.  205(d) Rate Filing: FPL Amended Interconnection
Agreement, Transfer of Records and Cancellation to be effective 12/31/
9998.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5154.
    Comment Date: 5 p.m. ET 8/3/22.

    Docket Numbers: ER22-2375-000.
    Applicants: Gulf Power Company.
    Description: Tariff Amendment: Notice of Cancellation--
Interconnection Agreement No. 2 to be effective 12/31/9998.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5156.
    Comment Date: 5 p.m. ET 8/3/22.

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

    Docket Numbers: ES22-52-000.
    Applicants: Wheeling Power Company.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities of Wheeling Power Company.
    Filed Date: 7/13/22.
    Accession Number: 20220713-5140.
    Comment Date: 5 p.m. ET 8/3/22.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 13, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-15352 Filed 7-18-22; 8:45 am]
BILLING CODE 6717-01-P