[Federal Register: June 18, 2008 (Volume 73, Number 118)]
[Rules and Regulations]
[Page 34613-34615]
[DOCID:fr18jn08-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0294; Directorate Identifier 2007-NM-288-AD;
Amendment 39-15558; AD 2008-12-14]
RIN 2120-AA64

Airworthiness Directives; Dassault Model Falcon 2000EX Airplanes

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

ACTION: Final rule.

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

    Analyses of in-service reports revealed that in case of failure
of the wings' anti-ice valve, indications of untimely anti-icing
with the wings' anti-ice selector on ``OFF'' or of insufficient
anti-icing with the wings' anti-ice selector on ``AUTO'' might not
be properly displayed to the flight crew. It may result, on ground,
in potential structural damages due to a leading edge overheat, or
in-flight, in an insufficient anti-ice power.
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective July 23, 2008.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 23,
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

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

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on March 13, 2008 (73
FR 13488). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    Analyses of in-service reports revealed that in case of failure
of the wings' anti-ice valve, indications of untimely anti-icing
with the wings' anti-ice selector on ``OFF'' or of insufficient
anti-icing with the wings' anti-ice selector on ``AUTO'' might not
be properly displayed to the flight crew. It may result, on ground,
in potential structural damages due to a leading edge overheat, or
in-flight, in an insufficient anti-ice power.
    This Airworthiness Directive (AD) mandates an upgrade of the
wings' anti-ice monitoring circuitry per implementation of
modifications M2814 (Service Bulletin (SB) F2000EX-116) and M2949
(SB F2000EX-140) to cover the whole monitoring logic of the wings'
anti-ice system.

The modifications include adding a relay between the bleed air computer
and the wing anti-ice valve; modifying the aircraft wiring; and
rerouting an existing wire between the right- and left-hand electrical
cabinets. You may obtain further information by examining the MCAI in
the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

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

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use

different words from those in the MCAI to ensure the AD is clear for
U.S. operators and is enforceable. In making these changes, we do not
intend to differ substantively from the information provided in the
MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 13 products of U.S.
registry. We also estimate that it will take about 46 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Required parts will cost about $1,344
per product. Where the service information lists required parts costs
that are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of this AD to the
U.S. operators to be $65,312, or $5,024 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

Examining the AD Docket

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2008-12-14 Dassault Aviation: Amendment 39-15558. Docket No. FAA-
2008-0294; Directorate Identifier 2007-NM-288-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 23,
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Dassault Model Falcon 2000EX airplanes;
certificated in any category; having serial numbers 1 through 5 and
7 through 27 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 30: Ice and
Rain Protection.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Analyses of in-service reports revealed that in case of failure
of the wings' anti-ice valve, indications of untimely anti-icing
with the wings' anti-ice selector on ``OFF'' or of insufficient
anti-icing with the wings' anti-ice selector on ``AUTO'' might not
be properly displayed to the flight crew. It may result, on ground,
in potential structural damages due to a leading edge overheat, or
in-flight, in an insufficient anti-ice power.
    This Airworthiness Directive (AD) mandates an upgrade of the
wings' anti-ice monitoring circuitry per implementation of
modifications M2814 (Service Bulletin (SB) F2000EX-116) and M2949
(SB F2000EX-140) to cover the whole monitoring logic of the wings'
anti-ice system.

The modifications include adding a relay between the bleed air
computer and the wing anti-ice valve; modifying the aircraft wiring;
and rerouting an existing wire between the right- and left-hand
electrical cabinets.

Actions and Compliance

    (f) Within 6 months after the effective date of this AD, unless
already done, modify the electrical wiring of the wings' anti-ice
system, in accordance with the Accomplishment Instructions of
Dassault Service Bulletin F2000EX-116, dated May 31, 2006; and
Service Bulletin F2000EX-140, dated February 28, 2007.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the

provisions of the Paperwork Reduction Act, the Office of Management
and Budget (OMB) has approved the information collection
requirements and has assigned OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2007-0137, dated May 16, 2007; Dassault
Service Bulletin F2000EX-116, dated May 31, 2006; and Dassault
Service Bulletin F2000EX-140, dated February 28, 2007 for related
information.

Material Incorporated by Reference

    (i) You must use Dassault Service Bulletin F2000EX-116, dated
May 31, 2006 and Dassault Service Bulletin F2000EX-140, dated
February 28, 2007, as applicable, to do the actions required by this
AD, unless the AD specifies otherwise. Dassault Service Bulletin
F2000EX-140, dated February 28, 2007, contains the following
effective pages:

------------------------------------------------------------------------
                 Page No.                           Shown on page
------------------------------------------------------------------------
1-4, 6-8..................................  February 28, 2007.
5.........................................  June 14, 2007.
------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey
07606.
    (3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>,
or go to: http://www.archives.gov/federal-register/cfr/ibr-
locations.html.

    Issued in Renton, Washington, on June 3, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-13320 Filed 6-17-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 243 (Tuesday, December 18, 2012)]
[Notices]
[Page 74844]
[FR Doc No: 2012-30392]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR13-9-000]

Sunoco Pipeline L.P.; Notice of Petition for Declaratory Order

    Take notice that on December 7, 2012, pursuant to Rule 207(a)(2) of
the Commission's Rules of Practices and Procedure, 18 CFR
385.207(a)(2)(2012), Sunoco Pipeline L.P., filed a petition seeking a
declaratory order approving priority service, the tariff and rate
structure, and service request allocation methodology for the proposed
Mariner East Project.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to 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 email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on Friday, January 4, 2013.

    Dated: December 11, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-30392 Filed 12-17-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 164 (Thursday, August 23, 2012)]
[Rules and Regulations]
[Pages 50923-50926]
[FR Doc No: 2012-20190]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0072]
RIN 1625-AA00

Safety Zone; Jet Express Triathlon, Sandusky Bay, Lake Erie,
Lakeside, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of Lake Erie in the vicinity of East Harbor State Park, OH, from
8:00 a.m. until 10:00 a.m. on September 9, 2012. This safety zone is
intended to restrict vessels from portions of Lake Erie during the Jet
Express Triathlon.

This safety zone is necessary to protect participants, spectators and
vessels from the hazards associated with triathlon event.

DATES: This final rule is effective from 8:00 a.m. until 10:00 a.m. on
September 9, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0072. To view documents mentioned in this preamble as being
available in the docket, go http://www.regulations.gov, type the docket
number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket
Folder on the line associated with this rulemaking. You may also visit
the Docket Management Facility in Room W12-140 on the ground floor of
the Department of Transportation West Building, 1200 New Jersey Avenue
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LTJG Benjamin Nessia, Response Department, Marine Safety
Unit Toledo, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On April 26, 2012, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zones: Jet Express Triathlon, Sandusky Bay, Lake
Erie, Lakeside, OH in the Federal Register (77 FR 24880). We did not
receive any comments in response to the proposed rule. No public
meeting was requested and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard is issuing this temporary
final rule less than 30 days after its publication in the Federal
Register. Under 5 U.S.C. 553(d)(3), an agency may issue a rule less
than 30 days before its effective date when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Accordingly, the Coast Guard finds
that good cause exists for publishing this temporary final rule less
than 30 days before its effective date because delaying the effective
date of this temporary final rule would prevent its enforcement on the
scheduled night of the event and thus, would preclude the Coast Guard
from protecting spectators and vessels from the hazards associated with
a maritime fireworks display.

B. Basis and Purpose

    The organization Endurance Sports Productions is sponsoring a
triathlon: A bike, swim and run event. The swim portion of the event
will take place in Lake Erie. The participants will begin by jumping
off the ferry boat JET EXPRESS II at the designated position, then swim
to the dedicated position on shore. This swim portion will take place
on September 9, 2012 at approximately 8:00 a.m. and will last about an
hour. The Captain of the Port Detroit has determined that the swim
portion of the event will pose certain public hazards. Such hazards
include obstructions to the waterway that may cause marine casualties
and vessels colliding with swimmers that may cause death or serious
bodily harm. With aforementioned hazards in mind, the Captain of the
Port Detroit has determined that a temporary safety zone is necessary
to ensure the safety of participants and vessels during the practice,
the half triathlon, and the triathlon events.

C. Discussion of Comments, Changes and the Final Rule

    As mentioned above, no comments were received during the public
comment period, and as such, no changes to the text of the rule were
made.
    The temporary safety zone established herein will be effective and
enforced from 8:00 a.m. until 10:00 a.m. on September 9, 2012. The
safety zone will encompass all waters of Lake Erie within a direct line
from 41[deg]33'49'' N, 082[deg]47'8'' W to 41[deg]33'25'' N,
82[deg]48'8'' W and 15 yards on either side of direct line. All
geographic coordinates are North American Datum of 1983 (NAD 83).
    All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on scene patrol
personnel. Entry into, transiting, or anchoring within the safety zone
is prohibited unless authorized by the Captain of the Port Detroit or
his designated on scene representative. The Captain of the Port or his
designated on scene representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). We conclude that this rule is
not a significant regulatory action because we anticipate that it will
have minimal impact on the economy, will not interfere with other
agencies, will not adversely alter the budget of any grant or loan
recipients, and will not raise any novel legal or policy issues. The
safety zone created by this rule will be relatively small and enforced
for relatively short time. Also, the safety zone is designed to
minimize its impact on navigable waters. Furthermore, the safety zone
has been designed to allow vessels to transit around it. Thus,
restrictions on vessel movement within that particular area are
expected to be minimal. Under certain conditions, moreover, vessels may
still transit through the safety zone when permitted by the Captain of
the Port.

2. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule would not have a significant economic impact on a
substantial number of small entities.
    This rule would affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor in the above portion of the Sandusky Bay of Lake Erie near
Lakeside, OH between

8:00 a.m. and 10 a.m. on September 9, 2012.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will be in effect for only approximately two hours. Also, in the
event that this temporary safety zone affects shipping, commercial
vessels may request permission from the Captain of the Port Detroit to
transit through the safety zone. Additionally, the Coast Guard will
give advanced notice to the public via a local Broadcast Notice to
Mariners that the regulation is in effect. Moreover, the COTP will
suspend enforcement of the safety zone if the event for which the zone
is established ends earlier than the expected time.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If this rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact ENS Benjamin Nessia, Response
Department, Marine Safety Unit Toledo, Coast Guard; telephone (419)
418-6040, email<EMAIL_ADDRESS>The Coast Guard will not
retaliate against small entities that question or complain about this
rule or any policy or action of the Coast Guard.

4. Collection of Information

    This rule would call for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule would not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

8. Taking of Private Property

    This rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have made a
preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. A final environmental analysis
checklist supporting this determination is available in the docket
where indicated under ADDRESSES. This rule involves the establishment
of a safety zone and thus, paragraph (34)(g) of the Instruction
applies. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0072 as follows:

Sec.  165.T09-0072  Safety Zone; Jet Express Triathlon, Sandusky Bay,
Lake Erie, Lakeside, OH.

    (a) Location. The following area is a temporary safety zone: all
waters of Lake Erie within a direct line from 41[deg]33'49''N,
082[deg]47'8''W to 41[deg]33'25''N, 82[deg]48'8''W and 15 yards on
either side of the direct line. All geographic coordinates are North
American Datum of 1983 (NAD 83).
    (b) Effective and Enforcement Period. This regulation is effective
and will be enforced from 8:00 a.m. until 10:00 a.m. on September 9,
2012.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless authorized by the Captain of the Port Detroit, or
his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Detroit or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Detroit is any Coast Guard commissioned, warrant, or petty officer who
has been designated by the Captain of the Port to act on his behalf.
The on-scene representative of the Captain of the Port Detroit will be
aboard either a Coast Guard or Coast Guard Auxiliary vessel. The
Captain of the Port Detroit or his designated on scene representative
may be contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Detroit or his on-scene
representative to obtain permission to do so.
    Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Detroit or his on-scene representative.

    Dated: August 6, 2012.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2012-20190 Filed 8-22-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 203 (Tuesday, October 21, 2014)]
[Notices]
[Pages 63009-63011]
[FR Doc No: 2014-24953]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73367; File No. SR-NYSEMKT-2014-86]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing of
Proposed Rule Change Modifying Its Quote Mitigation Plan and Amending
Rule 970NY and Rule 970.1NY

October 15, 2014.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on October 2, 2014, NYSE MKT LLC (the ``Exchange'' or
``NYSE MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to modify its quote mitigation plan and to
amend Rule 970NY (Firm Quotes) and Rule 970.1NY(Quote Mitigation). The
text of the proposed rule change is available on the Exchange's Web
site at www.nyse.com, at the principal office of the Exchange, and at
the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange is proposing to modify its quote mitigation plan and
to amend Rule 970NY (Firm Quotes) and Rule 970.1NY (Quote Mitigation).
As discussed below, the Exchange believes the modified quote mitigation
plan will adequately accommodate the number of quotations sent to the
Exchange and the message traffic that the Exchange sends to the Options
Price Reporting Authority (``OPRA'').
Rule 970.1NY
    In connection with the adoption of the Penny Pilot Program, the
Exchange adopted a quote mitigation plan designed to reduce the number
of quotations generated by the Exchange for all options traded on the
Exchange, not just issues included in the Penny Pilot Program.\4\ The
current plan reduces the number of messages the Exchange sends to OPRA
by only submitting quote messages for ``active'' series. Rule 970.1NY
defines active series as: (i) The series has traded on any options
exchange in the previous 14 calendar days; or, (ii) the series is
solely listed on the Exchange; or (iii) the series has been trading ten
days or less, or; (iv) the Exchange has an order in the series.
Alternatively, the Exchange may define a series as active on an
intraday basis if: (i) The series trades at any options exchange; (ii)
the Exchange receives an order in the series; or (iii) the Exchange
receives a request for quote from a Customer in that series.
---------------------------------------------------------------------------

    \4\ See Securities and Exchange Release No. 59472 (February 29,
2009), 74 FR 9843 (March 6, 2009) (SR-ALTR-2008-14); see also
Securities and Exchange Release No. 55162 (January 24, 2007), 72 FR
4738 (February 1, 2007) (SR-Amex-2006-106) (original quote
mitigation proposal).
---------------------------------------------------------------------------

    The Exchange believes it no longer needs the quote mitigation
provided by Rule 970.1NY because rules adopted since Rule 970.1NY
provide sufficient quote mitigation.
Current Market Structure and Controls on the Exchange
    In 2010, the Exchange incorporated select provisions of the Options
Listing Procedures Plan (``OLPP'') in Rule 903A as a quote mitigation
strategy.\5\
---------------------------------------------------------------------------

    \5\ See Securities and Exchange Release No. 61978 (April 23,
2010), 75 FR 22886 (April 30, 2010) (SR-NYSEAmex-2010-3). See also
OLPP, available at, http://www.theocc.com/clearing/industry-services/olpp.jsp.
---------------------------------------------------------------------------

    The OLPP is a national market system plan that, among other things,
sets forth procedures governing the listing of new options series. From
the OLPP, the Exchange incorporated in Rule 903A ``applied uniform
standards to the range of options series exercise (or strike) prices
available for trading on the [Exchange] as a quote mitigation
strategy.'' \6\ In approving the OLPP provisions, subsequently
incorporated in Rule 903A, the Commission indicated that ``adopting
uniform standards to the range of options series exercise (or strike)
prices available for trading on the [Exchange] should reduce the number
of option series available for trading, and thus should reduce
increases in the options quote message traffic because market
participants will not be submitting quotes in those series.'' \7\
---------------------------------------------------------------------------

    \6\ Rule 903A codified Amendment No. 3 to the OLPP. See
Securities and Exchange Release No. 60531 (August 19, 2009), 74 FR
43173 (File No. 4-443). See also Rule 903A.
    \7\ Id., 74 FR at 43174.
---------------------------------------------------------------------------

    One year after adopting select provisions of the OLPP, the Exchange
refined the quoting obligations applicable to Market Makers as a quote
mitigation strategy.\8\ Specifically, the Exchange adopted Commentary
.01 to Rule 925.1NY, which states that Specialists' and Market Makers'
continuous quoting obligations ``shall not apply to Market Makers with
respect to adjusted option series, and series

with a time to expiration of nine months or greater, for options on
equities and Exchange Traded Fund Shares, and series with a time to
expiration of twelve months or greater for Index options.'' \9\ Because
there are no Market Maker quoting obligations associated with adjusted
options series, there is a reduction in quote traffic that is sent to
OPRA. Indeed, in approving Commentary .01 to Rule 925.1NY, the
Commission noted, ``. . . the Exchange's proposal would reduce the
burden on market makers to submit continuous quotes that the Exchange
may not submit to OPRA.'' \10\
---------------------------------------------------------------------------

    \8\ See Securities and Exchange Release No. 65572 (October 14,
2011), 76 FR 65310 (October 20, 2011) (NYSEAmex-2011-61).
    \9\ An ``adjusted series'' is ``an option series wherein, as a
result of a corporate action by the issuer of the underlying
security, one option contract in the series represents the delivery
of other than 100 shares of underlying stock or Exchange-Traded Fund
Shares.'' See Commentary .01 to Rule 925.1NY.
    \10\ See supra n. 8, 79 FR at 65311.
---------------------------------------------------------------------------

    The Exchange believes that reliance on the OLPP, via Rule 903A,
together with the refined Market Maker quoting obligations, pursuant to
Commentary .01 to Rule 925.1NY, is sufficient as a quote mitigation
strategy and obviates the need for Rule 970.1NY. The Exchange believes
that limiting the number of series listed on the Exchange is preferable
to suppressing quotes of inactive series, as required under current
Rule 970.1NY, because all quotes sent by Market Makers are actionable
even if not displayed.
    The Exchange believes that both its own systems capacity and OPRA's
systems capacity are more than sufficient to accommodate any additional
increase in quote traffic that might be sent to OPRA as a result of the
deletion of Rule 970.1NY. The Exchange has already successfully
conducted testing to ensure that its internal systems are equipped to
handle any increase in quote traffic as a result of the proposed rule
change. Further, the Exchange continually assesses its capacity needs
and ensures that the capacity that it requests from OPRA is not only
sufficient but also compliant with the requirements established in the
OPRA Capacity Guidelines.\11\ In submitting its capacity requests, the
Exchange has factored in the impact on capacity if all series currently
subject to Rule 970.1NY were to become active and therefore sent to
OPRA.\12\
---------------------------------------------------------------------------

    \11\ See the OPRA Capacity Guidelines, available here, http://www.opradata.com/pdf/capacity_guidelines.pdf.
    \12\ OPRA has delegated certain functions pertaining to planning
the capacity of the OPRA System to an Independent System Capacity
Advisor (``ISCA'') that ``may provide less than all of the capacity
that has been requested if it determines (a) that the capacity
requests of one or more of the parties are unreasonable, or (b) that
it is not reasonable to develop or maintain a System that has
capacity sufficient to satisfy the requests of the parties.'' See
id. The Exchange has never been informed by the ISCA that the
capacity it has requested cannot be met for any reason, including
because the ISCA had deemed the request to be unreasonable. Thus,
the Exchange believes that any increase in quote traffic that might
be sent to OPRA as a result of the current proposal should not
impact any other exchange's capacity at OPRA.
---------------------------------------------------------------------------

    In addition, the Exchange has in place the following measures that
it believes serve as additional safeguards against excessive quoting:

--Monitoring: The Exchange actively monitors the quotation activity of
its Market Makers. When the Exchange detects that a Market Maker is
disseminating an unusual number of quotes, the Exchange contacts that
Market Maker and alerts it to such activity. Such monitoring may reveal
that the Market Maker may have internal system issues or has
incorrectly set system parameters that were not immediately apparent.
Alerting a Market Maker to the heightened levels of activity will
usually result in a change that reduces the number of quotes sent to
the Exchange by the Market Maker.
--New Listings: The Exchange has a business plan with respect to the
listing of options on new underlying securities that is designed to
help ensure that any new listings are sufficiently active to avoid
listing options on underlying securities that generate quote volume
without the offsetting benefit of trading volume.\13\
---------------------------------------------------------------------------

    \13\ See Commentary .09(b) to Rule 15.
---------------------------------------------------------------------------

--Excessive Bandwidth Utilization Fees: The Exchange imposes Excessive
Bandwidth Utilization Fees, which are designed to encourage efficient
quoting.\14\ The Excessive Bandwidth Utilization Fees are comprised of
Order To Trade Ratio Fees and Messages to Contracts Traded Ratio
Fees.\15\
---------------------------------------------------------------------------

    \14\ See NYSE Amex Options fee schedule, available here, https://www.theice.com/publicdos/nyse/market/amex-options/NYSE_Amex_Options_Fee_Schedule.pdf.
    \15\ Id.

    In connection with the foregoing, the Exchange proposes to amend
paragraphs (b)(1) and (b)(2) of Rule 970NY to delete references to the
``Quote Mitigation Plan,'' which refer to the plan set forth in Rule
970.1NY. In addition, the Exchange proposes to delete Rule 970.1NY in
its entirety, as it contains a discussion of the current quote
mitigation plan.
Implementation
    The Exchange will announce the implementation date of the proposed
rule change by Trader Update to be published no later than 60 days
following the effective date of this filing. The implementation date
will be no later than 60 days following the issuance of the Trader
Update.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the Act
\16\ in general and furthers the objectives of Section 6(b)(5) of the
Act \17\ in particular in that it should promote just and equitable
principles of trade, serve to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and
protect investors and the public interest.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed modifications to the quote
mitigation plan, including the continued reliance on Rule 903A and
Commentary .01 to Rule 925.1NY, together with the other safeguards
mentioned above, would promote just and equitable principles of trade,
serve to remove impediments to and perfect the mechanism of a free and
open market as it would increase transparency and enhance price
discovery as all Market Maker quotes would be reflected in the market.
Specifically, the Exchange believes that deleting Rule 970.1NY will
remove impediments to and perfect the mechanism of a free and open
market and a national market system because it will enable all
actionable Market Maker quotes to be displayed, including in inactive
series. The Exchange believes this would also protect investors and the
public interest because available Market Maker liquidity in all series
would be publicly displayed, thereby putting investors on notice of
such liquidity. The Exchange further believes that the market structure
initiatives adopted in recent years serve to reduce the potential for
excessive quoting because the OLPP limits the number of series eligible
to be listed, which reduces the number of series for which a Market
Maker would be obligated to quote, and therefore reduces quote traffic.
    As discussed above, the Exchange believes that both its own systems
capacity and OPRA's systems capacity are more than sufficient to
accommodate any additional increase in quote traffic that might be sent
to OPRA as a result of the proposed rule change.

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

    The Exchange does not believe that the proposed rule change will
impose

any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. Specifically, as discussed
above, the Exchange believes that any increase in quote traffic that
might be sent to OPRA as a result of the proposed rule change should
not impact any other exchange's capacity at OPRA.\18\
---------------------------------------------------------------------------

    \18\ See supra. n. 12.
---------------------------------------------------------------------------

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2014-86 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2014-86. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEMKT-2014-86, and should
be submitted on or before November 12, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-24953 Filed 10-20-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Notices]
[Pages 33401-33403]
[FR Doc No: 2013-13154]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Docket No. PF13-10-000]

CenterPoint Energy Gas Transmission Company, LLC; Notice of
Intent To Prepare an Environmental Assessment for the Planned Central
Arkansas Pipeline Enhancement Project and Request for Comments on
Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Central Arkansas Pipeline
Enhancement Project involving construction or abandonment of facilities
by CenterPoint Energy Gas Transmission Company, LLC (CEGT) in Pulaski
and Faulkner Counties, Arkansas. This EA will be used by the Commission
in its decision-making process to determine whether the project is in
the public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. Your input will help the Commission staff
determine what issues need to be evaluated in the EA. Please note that
the scoping period will close on June 28, 2013. Further details on how
to submit written comments are provided in the Public Participation
section of this notice.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives are asked to notify their constituents of this

planned project and encourage them to comment on their areas of
concern.
    If you are a landowner receiving this notice, you may be contacted
by a pipeline company representative about the acquisition of an
easement to construct, operate, and maintain the planned facilities.
The company would seek to negotiate a mutually acceptable agreement.
However, if the project is approved by the Commission, that approval
conveys with it the right of eminent domain. Therefore, if easement
negotiations fail to produce an agreement, the pipeline company could
initiate condemnation proceedings where compensation would be
determined in accordance with state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' is available for
viewing on the FERC Web site (www.ferc.gov). This fact sheet addresses
a number of typically-asked questions, including the use of eminent
domain and how to participate in the Commission's proceedings.

Summary of the Planned Project

    CEGT is proposing the construction of approximately 28.5 miles of
12-inch-diameter natural gas pipeline and ancillary facilities in
Pulaski and Faulkner Counties, Arkansas. The proposed pipeline would be
constructed primarily on new right-of-way and would provide replacement
transmission service for a portion of two existing CEGT pipelines, one
of which would be transferred to a distribution affiliate (Line BT-14)
and the other would be abandoned in place (Line B). The two existing
pipelines to be abandoned/transferred are located in areas that have
experienced substantial residential and commercial development since
they were constructed. No new capacity is being proposed as part of
this project.
    The project would consist of the following facilities:
     28.5 miles of new 12-inch-diameter natural gas pipeline
(Line BT-39) extending from an interconnect north of State Highway 64
in Faulkner County to CEGT's existing Oak Grove Town Border Station in
Pulaski County;
     230 feet of 4-inch-diameter natural gas pipeline (Line BT-
40) lateral extending from a tap on the proposed Line BT-39 to a new
meter station along James Road;
     1,400 feet of 4-inch-diameter natural gas pipeline (Line
BT-41) extending from a tap on the proposed Line BT-39 to the existing
Morgan Town Border Station; and
     the installation or expansion of metering facilities and
appurtenances related to the new proposed pipelines.
    In addition, the project would abandon in-place 21.7 miles of
CEGT's existing 10-inch-diameter Line B pipeline; 1,024 feet of its
existing 6-inch-diameter Line BT-19; 567 feet of its existing 6-inch-
diameter Line BM-1; and 2,000 feet of its existing 4-inch-diameter Line
BM-21.
    The general location of the project facilities is shown in appendix
1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of appendices were sent to
all those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street NE.,
Washington, DC 20426, or call<PHONE_NUMBER>. For instructions on
connecting to eLibrary, refer to the last page of this notice.
---------------------------------------------------------------------------

Land Requirements for Construction

    Construction would require a total of 349.9 acres of which
approximately 142.7 acres would be retained as new, permanent easement
associated with operation of the planned replacement pipeline,
aboveground facilities, and permanent access roads. The remaining 207.2
acres would be allowed to revert to pre-construction conditions and use
following construction.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\2\ to discover and address concerns the public may have about
proposals. This process is referred to as scoping. The main goal of the
scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. All comments
received will be considered during the preparation of the EA.
---------------------------------------------------------------------------

    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the planned project under these
general headings:
     geology and soils;
     land use;
     water resources, fisheries, and wetlands;
     cultural resources;
     vegetation and wildlife;
     air quality and noise;
     endangered and threatened species; and
     public safety.
    We will also evaluate possible alternatives to the planned project
or portions of the project, and make recommendations on how to lessen
or avoid impacts on the various resource areas.
    Although no formal application has been filed, we have already
initiated our NEPA review under the Commission's pre-filing process.
The purpose of the pre-filing process is to encourage early involvement
of interested stakeholders and to identify and resolve issues before an
application is filed with the FERC. As part of our pre-filing review,
we have begun to contact some federal and state agencies to discuss
their involvement in the scoping process and the preparation of the EA.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. Depending on
the comments received during the scoping process, we may also publish
and distribute the EA to the public for an allotted comment period. We
will consider all comments on the EA before we make our recommendations
to the Commission. To ensure your comments are considered, please
carefully follow the instructions in the Public Participation section
beginning on page 5.
    With this notice, we are asking agencies with jurisdiction and/or
special expertise with respect to environmental issues to formally
cooperate with us in the preparation of the EA.\3\ Agencies that would
like to request cooperating agency status should follow the
instructions for filing comments provided under the Public
Participation section of this notice.
---------------------------------------------------------------------------

    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Sec.  1501.6.
---------------------------------------------------------------------------

Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the Arkansas State Historic Preservation Office, and to solicit
their views and those of other government agencies, interested Indian
tribes, and the public on the project's potential effects on historic
properties.\4\ We will define the

project-specific Area of Potential Effects (APE) in consultation with
the State Historic Preservation Office as the project develops. On
natural gas facility projects, the APE at a minimum encompasses all
areas subject to ground disturbance (examples include construction
right-of-way, contractor/pipe storage yards, compressor stations, and
access roads). Our EA for this project will document our findings on
the impacts on historic properties and summarize the status of
consultations under section 106.
---------------------------------------------------------------------------

    \4\ The Advisory Council on Historic Preservation regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send your comments so
that they will be received in Washington, DC on or before June 28,
2013. This is not your only public input opportunity; please refer to
the Environmental Review Process Flowchart in appendix 2.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. In all instances, please reference the
project docket number (PF13-10-000) with your submission. The
Commission encourages electronic filing of comments and has expert
eFiling staff available to assist you at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    (1) You may file your comments electronically by using the Quick
Comment feature, which is located at www.ferc.gov under the link called
``Documents and Filings''. A Quick Comment is an easy method for
interested persons to submit text-only comments on a project;
    (2) You may file your comments electronically by using the
``eFiling'' feature that is listed under the ``Documents and Filings''
link. eFiling involves preparing your submission in the same manner as
you would if filing on paper, and then saving the file on your
computer's hard drive. You will attach that file to your submission.
New eFiling users must first create an account by clicking on the links
called ``Sign up'' or ``eRegister''. You will be asked to select the
type of filing you are making. A comment on a particular project is
considered a ``Comment on a Filing''; or
    (3) You may file a paper copy of your comments at the following
address: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE., Room 1A, Washington, DC 20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
planned project.
    If the EA is published for distribution, copies will be sent to the
environmental mailing list for public review and comment. If you would
prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (appendix 3).

Becoming an Intervenor

    Once CEGT files its application with the Commission, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are
included in the User's Guide under the ``e-filing'' link on the
Commission's Web site. Please note that the Commission will not accept
requests for intervenor status at this time. You must wait until a
formal application for the project is filed with the Commission.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., PF13-
10). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: May 29, 2013..
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-13154 Filed 6-3-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 135 (Friday, July 15, 2022)]
[Notices]
[Pages 42452-42455]
[FR Doc No: 2022-15168]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP22-468-000]

Trailblazer Pipeline Company, LLC, Rockies Express Pipeline, LLC;
Notice of Scoping Period Requesting Comments on Environmental Issues
for the Proposed Trailblazer Conversion Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental document, that will discuss
the environmental impacts of the Trailblazer Conversion Project
(Project) involving abandonment in-place, construction, and operation
of facilities by Trailblazer Pipeline Company, LLC (TPC) and Rockies
Express Pipeline, LLC (REX) in Weld, Logan, and Sedgwick Counties,
Colorado; and Kimball, Franklin, Webster, Jefferson, Perkins, Lincoln,
Kearney, Fillmore, Adams, and Saline Counties, Nebraska. The Commission
will use this environmental document in its decision-making process to
determine whether the project is in the public convenience and
necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies regarding the project. As part of the National Environmental
Policy Act (NEPA) review process, the Commission takes into account
concerns the public may have about proposals and the environmental
impacts that could result from its action whenever it considers the
issuance of a Certificate of Public Convenience and Necessity to
construct and an authorization to abandon gas

pipeline facilities. This gathering of public input is referred to as
``scoping.'' The main goal of the scoping process is to focus the
analysis in the environmental document on the important environmental
issues. Additional information about the Commission's NEPA process is
described below in the NEPA Process and Environmental Document section
of this notice.
    By this notice, the Commission requests public comments on the
scope of issues to address in the environmental document. To ensure
that your comments are timely and properly recorded, please submit your
comments so that the Commission receives them in Washington, DC on or
before 5:00 p.m. Eastern Time on August 10, 2022. Comments may be
submitted in written form. Further details on how to submit comments
are provided in the Public Participation section of this notice.
    Your comments should focus on the potential environmental effects,
reasonable alternatives, and measures to avoid or lessen environmental
impacts. Your input will help the Commission staff determine what
issues they need to evaluate in the environmental document. Commission
staff will consider all written comments during the preparation of the
environmental document.
    If you submitted comments on this project to the Commission before
the opening of this docket on May 27, 2022 you will need to file those
comments in Docket No. CP22-468-000 to ensure they are considered as
part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable easement agreement. You
are not required to enter into an agreement. However, if the Commission
approves the project, the Natural Gas Act conveys the right of eminent
domain to the company. Therefore, if the project is approved by the
Commission and you and the company do not reach an easement agreement,
the pipeline company could initiate condemnation proceedings in court.
In such instances, compensation would be determined by a judge in
accordance with state law. The Commission does not subsequently grant,
exercise, or oversee the exercise of that eminent domain authority. The
courts have exclusive authority to handle eminent domain cases; the
Commission has no jurisdiction over these matters.
    TPC and REX provided landowners with a fact sheet prepared by the
FERC entitled ``An Interstate Natural Gas Facility On My Land? What Do
I Need To Know?'' which addresses typically asked questions, including
the use of eminent domain and how to participate in the Commission's
proceedings. This fact sheet along with other landowner topics of
interest are available for viewing on the FERC website (www.ferc.gov)
under the Natural Gas Questions or Landowner Topics link.

Public Participation

    There are three methods you can use to submit your comments to the
Commission. Please carefully follow these instructions so that your
comments are properly recorded. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or [email protected].
    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. Using eComment is an easy method for
submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; a comment on a particular project is considered a ``Comment
on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (CP22-
468-000) on your letter. Submissions sent via the U.S. Postal Service
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426. Submissions sent via any other carrier must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Additionally, the Commission offers a free service called
eSubscription which makes it easy to stay informed of all issuances and
submittals regarding the dockets/projects to which you subscribe. These
instant email notifications are the fastest way to receive notification
and provide a link to the document files which can reduce the amount of
time you spend researching proceedings. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.

Summary of the Proposed Project

    TPC is proposing to abandon certain natural gas pipeline facilities
and associated compressor stations. REX is proposing to provide
capacity on the existing REX Pipeline to TPC and construct, install,
own, operate, and maintain certain facilities necessary for TPC to
continue service to its existing customers. According to TPC and REX,
the purpose of the Project is to provide continuing service to TPC's
existing natural gas firm transportation customers using underutilized
jurisdictional capacity on REX pipeline facilities while making TPC's
pipeline facilities available in anticipation of future non-
jurisdictional use to transport carbon dioxide (CO2) for
final sequestration. The Project would not involve an increase in
natural gas transportation capacity.
    The Trailblazer Conversion Project would consist of the following:
     abandonment in-place of 392 miles of 36-inch-diameter TPC
pipeline facilities;
     abandonment in-place of three TPC mainline compressor
stations;
     construction of a new 18.8-mile-long, 20-inch-diameter
lateral pipeline (REX Lateral to TPC Adams);
     construction of a new 22.2-mile-long, 36-inch-diameter
lateral (REX Lateral to TPC East);
     installation of station piping and additional regulation
at three existing TPC meter stations to enable deliveries into end
users or interstate pipeline systems;
     expansion of one existing meter station between the REX
Pipeline and the TPC Pipeline;
     construction of two new REX meter stations; and
     construction of five new interconnect booster stations at
existing TPC pipeline facilities (footprint of booster stations ranging
from 1.2 to 2.1 acres in size and total horsepower ranging from 50 to
3,533).

    The general location of the project facilities is shown in appendix
1.\1\
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    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary''. For instructions on
connecting to eLibrary, refer to the last page of this notice. At
this time, the Commission has suspended access to the Commission's
Public Reference Room due to the proclamation declaring a National
Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020. For assistance, contact
FERC at [email protected] or call toll free,<PHONE_NUMBER>
or TTY<PHONE_NUMBER>.
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Land Requirements for Construction

    The Project would affect approximately 685.2 acres during
construction and abandonment activities. About 264.6 acres would be
needed for operation of the Project. The remaining acreage would be
restored following construction. Of the 41 miles of proposed new
pipeline laterals, about 76 percent (31.3 miles) would be co-located
with other existing pipeline rights-of-way.

NEPA Process and the Environmental Document

    Any environmental document issued by the Commission will discuss
impacts that could occur as a result of the construction and operation
of the proposed project under the relevant general resource areas:
     geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     land use;
     socioeconomics;
     environmental justice;
     air quality and noise;
     cumulative impacts; and
     reliability and safety.
    Commission staff have already identified one issue that deserves
attention based on a preliminary review of the proposed facilities and
the environmental information provided by TPC and REX as well as public
comments. We have so far received comments regarding the safety of the
non-jurisdictional transport of CO2. The preliminary list of
issues may change based on your comments and our analysis.
    Commission staff will also evaluate reasonable alternatives to the
proposed project or portions of the project and make recommendations on
how to lessen or avoid impacts on the various resource areas. Your
comments will help Commission staff identify and focus on the issues
that might have an effect on the human environment and potentially
eliminate others from further study and discussion in the environmental
document.
    Following this scoping period, Commission staff will determine
whether to prepare an Environmental Assessment (EA) or an Environmental
Impact Statement (EIS). The EA or the EIS will present Commission
staff's independent analysis of the issues. If Commission staff
prepares an EA, a Notice of Schedule for the Preparation of an
Environmental Assessment will be issued. The EA may be issued for an
allotted public comment period. The Commission would consider timely
comments on the EA before making its decision regarding the proposed
project. If Commission staff prepares an EIS, a Notice of Intent to
Prepare an EIS/Notice of Schedule will be issued, which will open up an
additional comment period. Staff will then prepare a draft EIS which
will be issued for public comment. Commission staff will consider all
timely comments received during the comment period on the draft EIS and
revise the document, as necessary, before issuing a final EIS. Any EA
or draft and final EIS will be available in electronic format in the
public record through eLibrary \2\ and the Commission's natural gas
environmental documents web page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If eSubscribed, you
will receive instant email notification when the environmental document
is issued.
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    \2\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
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    With this notice, the Commission is asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues of this project to formally cooperate in the
preparation of the environmental document.\3\ Agencies that would like
to request cooperating agency status should follow the instructions for
filing comments provided under the Public Participation section of this
notice.
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    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Section 1501.8.
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Consultation Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission is using this notice to initiate
consultation with the applicable State Historic Preservation Office(s),
and to solicit their views and those of other government agencies,
interested Indian tribes, and the public on the project's potential
effects on historic properties.\4\ The environmental document for this
project will document findings on the impacts on historic properties
and summarize the status of consultations under section 106.
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    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project and includes a mailing address with their
comments. Commission staff will update the environmental mailing list
as the analysis proceeds to ensure that Commission notices related to
this environmental review are sent to all individuals, organizations,
and government entities interested in and/or potentially affected by
the proposed project.
    If you need to make changes to your name/address, or if you would
like to remove your name from the mailing list, please complete one of
the following steps:
    (1) Send an email to [email protected] stating your
request. You must include the docket number CP22-468-000 in your
request. If you are requesting a change to your address, please be sure
to include your name and the correct address. If you are requesting to
delete your address from the mailing list, please include your name and
address as it appeared on this notice. This email address is unable to
accept comments.
    OR
    (2) Return the attached ``Mailing List Update Form'' (appendix X).

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website at www.ferc.gov using the

eLibrary link. Click on the eLibrary link, click on ``General Search''
and enter the docket number in the ``Docket Number'' field. Be sure you
have selected an appropriate date range. For assistance, please contact
FERC Online Support at [email protected] or<PHONE_NUMBER>, or
for TTY, contact<PHONE_NUMBER>. The eLibrary link also provides access
to the texts of all formal documents issued by the Commission, such as
orders, notices, and rulemakings.
    Public sessions or site visits will be posted on the Commission's
calendar located at https://www.ferc.gov/news-events/events along with
other related information.

Kimberly D. Bose,
Secretary.
[FR Doc. 2022-15168 Filed 7-14-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 132 (Monday, July 11, 2016)]
[Notices]
[Pages 44854-44855]
[FR Doc No: 2016-16341]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

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

    Docket Numbers: ER10-2249-005.
    Applicants: Portland General Electric Company.

    Description: Triennial Market Power Analysis in the Northwest
Region for Portland General Electric Company.
    Filed Date: 6/30/16.
    Accession Number: 20160630-5443.
    Comments Due: 5 p.m. ET 8/29/16.

    Docket Numbers: ER10-2374-012; ER10-1533-013.
    Applicants: Puget Sound Energy, Inc., Macquarie Energy LLC.
    Description: Updated Market Power Analysis for the Northwest Region
of Puget Sound Energy, Inc., et al.
    Filed Date: 6/30/16.
    Accession Number: 20160630-5437.
    Comments Due: 5 p.m. ET 8/29/16.

    Docket Numbers: ER10-2822-009; ER16-1238-001; ER16-1250-001; ER10-
3158-007; ER12-308-007; ER10-3162-007; ER10-3161-007.
    Applicants: Atlantic Renewable Projects II LLC, Avangrid Arizona
Renewables, LLC, Avangrid Renewables, LLC, Dillon Wind LLC, Manzana
Wind LLC, Mountain View Power Partners III, LLC, Shiloh I Wind Project,
LLC.
    Description: Updated Market Power Analysis for the Southwest Region
of Atlantic Renewable Projects II LLC, et al.
    Filed Date: 6/30/16.
    Accession Number: 20160630-5439.
    Comments Due: 5 p.m. ET 8/29/16.

    Docket Numbers: ER11-4436-003; ER10-2473-004; ER10-2502-004; ER10-
2472-004; ER11-2724-005.
    Applicants: Black Hills Power, Inc., Cheyenne Light, Fuel & Power
Company, Black Hills/Colorado Electric Utility Company, Black Hills
Wyoming, LLC, Black Hills Colorado IPP, LLC.
    Description: Updated Market Power Analysis of the Black Hills MBR
Sellers for the Northwest Region.
    Filed Date: 6/30/16.
    Accession Number: 20160630-5441.
    Comments Due: 5 p.m. ET 8/29/16.

    Docket Numbers: ER15-632-004; ER15-634-004; ER14-2466-005; ER14-
2465-005; ER14-2939-003; ER15-2728-004.
    Applicants: CID Solar, LLC, Cottonwood Solar, LLC, RE Camelot LLC,
RE Columbia Two LLC, Imperial Valley Solar Company (IVSC) 2, LLC,
Maricopa West Solar PV, LLC.
    Description: Triennial Market Power Analysis for the Southwest
Region of CID Solar, LLC, et al.
    Filed Date: 6/30/16.
    Accession Number: 20160630-5440.
    Comments Due: 5 p.m. ET 8/29/16.

    Docket Numbers: ER16-1707-001.
    Applicants: Upper Peninsula Power Company.
    Description: Tariff Amendment: Amended and Restated Project Service
Agreement to be effective 9/3/2016.
    Filed Date: 7/5/16.
    Accession Number: 20160705-5128.
    Comments Due: 5 p.m. ET 7/26/16.

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

    Dated: July 5, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-16341 Filed 7-8-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 202 (Thursday, October 20, 2022)]
[Rules and Regulations]
[Pages 63681-63683]
[FR Doc No: 2022-22188]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-1132; Airspace Docket No. 19-AAL-66]
RIN 2120-AA66

Amendment of United States Area Navigation (RNAV) Route T-241;
Level Island, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends United States Area Navigation (RNAV) route
T-241 in the vicinity of Level Island, AK, in support of a large and
comprehensive T-route modernization project for the state of Alaska.

DATES: Effective date 0901 UTC, December 29, 2022. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual

revision of FAA Order JO 7400.11 and publication of conforming
amendments.

ADDRESSES: FAA Order JO 7400.11G, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it expands the availability of RNAV in Alaska and improves
the efficient flow of air traffic within the National Airspace System
by lessening the dependency on ground based navigation.

History

    The FAA published a notice of proposed rulemaking (NPRM) for Docket
No. FAA-2021-1100 in the Federal Register (86 FR 71411; December 16,
2021), amending RNAV route T-241 in the vicinity of Level Island, AK,
in support of a large and comprehensive T-route modernization project
for the state of Alaska. Interested parties were invited to participate
in this rulemaking effort by submitting comments on the proposal. No
comments were received.
    United States Area Navigation Routes are published in paragraph
6011 of FAA Order JO 7400.11G, dated August 19, 2022, and effective
September 15, 2022, which is incorporated by reference in 14 CFR 71.1.
The RNAV route listed in this document will be published subsequently
in FAA Order JO 7400.11.

Difference From the NPRM

    In the NPRM, the LATCH, AK, route point was incorrectly listed as a
waypoint (WP) instead of correctly identifying it as a Fix. This action
corrects that error and lists the LATCH, AK, route point as a Fix. This
correction is editorial only and does not change the alignment of RNAV
route T-241.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11G, Airspace Designations
and Reporting Points, dated August 19, 2022, and effective September
15, 2022. FAA Order JO 7400.11G is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11G lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This action amends 14 CFR part 71 by amending RNAV route T-241 in
the vicinity of Level Island, AK, in support of a large and
comprehensive T-route modernization project for the state of Alaska.
The route amendment is described below.
    T-241: T-241 extends between the LATCH, AK, Fix and the Level
Island, AK (LVD), VHF Omnidirectional Range/Distance Measuring
Equipment (VOR/DME) navigational aid. The route is amended by extending
it eastward from the Level Island VOR/DME navigational aid to the new
ZIDRA, AK, WP. The unaffected portion of the route remains unchanged.
The full route description of the amended route is listed in the
amendments to part 71 set forth below.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

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

Environmental Review

    The FAA has determined that this airspace action of amending RNAV
route T-241 in the vicinity of Level Island, AK, qualifies for
categorical exclusion under the National Environmental Policy Act (42
U.S.C. 4321 et seq.) and its implementing regulations at 40 CFR part
1500, and in accordance with FAA Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 5-6.5a, which categorically excludes
from further environmental impact review rulemaking actions that
designate or modify classes of airspace areas, airways, routes, and
reporting points (see 14 CFR part 71, Designation of Class A, B, C, D,
and E Airspace Areas; Air Traffic Service Routes; and Reporting
Points), and paragraph 5-6.5i, which categorically excludes from
further environmental review the establishment of new or revised air
traffic control procedures conducted at 3,000 feet or more above ground
level (AGL); procedures conducted below 3,000 feet AGL that do not
cause traffic to be routinely routed over noise sensitive areas;
modifications to currently approved procedures conducted below 3,000
feet AGL that do not significantly increase noise over noise sensitive
areas; and increases in minimum altitudes and landing minima. As such,
this action is not expected to result in any potentially significant
environmental impacts. In accordance with FAA Order 1050.1F, paragraph
5-2 regarding Extraordinary Circumstances, the FAA has reviewed this
action for factors and circumstances in which a normally categorically
excluded action may have a significant environmental impact requiring
further analysis. Accordingly, the FAA has determined that no
extraordinary circumstances exist that warrant preparation of an
environmental assessment or environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

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

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

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-241 LATCH, AK to ZIDRA, AK [Amended]
LATCH, AK                                       FIX                            (Lat. 56[deg]00'45.21'' N, long. 134[deg]35'53.84'' W)
Level Island, AK (LVD)                          VOR/DME                        (Lat. 56[deg]28'03.75'' N, long. 133[deg]04'59.21'' W)
ZIDRA, AK                                       WP                             (Lat. 56[deg]30'41.67'' N, long. 132[deg]28'52.38'' W)

* * * * *

    Issued in Washington, DC, on October 5, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-22188 Filed 10-19-22; 8:45 am]
BILLING CODE 4910-13-P