[Federal Register Volume 79, Number 234 (Friday, December 5, 2014)]
[Notices]
[Pages 72235-72236]
[FR Doc No: 2014-28584]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73713; File No. SR-NASDAQ-2014-113]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to an Amendment To Conform Rule Text

December 1, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 18, 2014, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by NASDAQ.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NASDAQ proposes to modify Chapter XV, entitled ``Options Pricing,''
at Section 2 governing pricing for NASDAQ members using the NASDAQ
Options Market (``NOM''), NASDAQ's facility for executing and routing
standardized equity and index options.
    Specifically, NOM proposes to conform certain language related to
Penny Pilot Options\3\ rebates currently applicable to Customers,\4\
Professionals\5\ and NOM Market Makers.\6\
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    \3\ The Penny Pilot was established in March 2008 and in October
2009 was expanded and extended through December 31, 2014. See
Securities Exchange Act Release Nos. 57579 (March 28, 2008), 73 FR
18587 (April 4, 2008) (SR-NASDAQ-2008-026) (notice of filing and
immediate effectiveness establishing Penny Pilot); 60874 (October
23, 2009), 74 FR 56682 (November 2, 2009) (SR-NASDAQ-2009-091)
(notice of filing and immediate effectiveness expanding and
extending Penny Pilot); 60965 (November 9, 2009), 74 FR 59292
(November 17, 2009) (SR-NASDAQ-2009-097) (notice of filing and
immediate effectiveness adding seventy-five classes to Penny Pilot);
61455 (February 1, 2010), 75 FR 6239 (February 8, 2010) (SR-NASDAQ-
2010-013) (notice of filing and immediate effectiveness adding
seventy-five classes to Penny Pilot); 62029 (May 4, 2010), 75 FR
25895 (May 10, 2010) (SR-NASDAQ-2010-053) (notice of filing and
immediate effectiveness adding seventy-five classes to Penny Pilot);
65969 (December 15, 2011), 76 FR 79268 (December 21, 2011) (SR-
NASDAQ-2011-169) (notice of filing and immediate effectiveness
extension and replacement of Penny Pilot); 67325 (June 29, 2012), 77
FR 40127 (July 6, 2012) (SR-NASDAQ-2012-075) (notice of filing and
immediate effectiveness and extension and replacement of Penny Pilot
through December 31, 2012); 68519 (December 21, 2012), 78 FR 136
(January 2, 2013) (SR-NASDAQ-2012-143) (notice of filing and
immediate effectiveness and extension and replacement of Penny Pilot
through June 30, 2013); 69787 (June 18, 2013), 78 FR 37858 (June 24,
2013) (SR-NASDAQ-2013-082) (notice of filing and immediate
effectiveness and extension and replacement of Penny Pilot through
December 31, 2013); 71105 (December 17, 2013), 78 FR 77530 (December
23, 2013) (SR-NASDAQ-2013-154) (notice of filing and immediate
effectiveness and extension and replacement of Penny Pilot through
June 30, 2014); and 79 FR 31151 (May 23, 2014), 79 FR 31151 (May 30,
2014) (SR-NASDAQ-2014-056) ((notice of filing and immediate
effectiveness and extension and replacement of Penny Pilot through
December 31, 2014). See also NOM Rules, Chapter VI, Section 5.
    \4\ The term ``Customer'' applies to any transaction that is
identified by a Participant for clearing in the Customer range at
The Options Clearing Corporation (``OCC'') which is not for the
account of broker or dealer or for the account of a ``Professional''
(as that term is defined in Chapter I, Section 1(a)(48)).
    \5\ The term ``Professional'' means any person or entity that
(i) is not a broker or dealer in securities, and (ii) places more
than 390 orders in listed options per day on average during a
calendar month for its own beneficial account(s) pursuant to Chapter
I, Section 1(a)(48). All Professional orders shall be appropriately
marked by Participants.
    \6\ The term ``NOM Market Maker'' means a Participant that has
registered as a Market Maker on NOM pursuant to Chapter VII, Section
2, and must also remain in good standing pursuant to Chapter VII,
Section 4. In order to receive NOM Market Maker pricing in all
securities, the Participant must be registered as a NOM Market Maker
in at least one security.
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    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaq.cchwallstreet.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to conform rule text in
Chapter XV, entitled ``Options Pricing,'' at Section 2(1) governing the
rebates and fees assessed for options orders entered into NOM.
Specifically, the Exchange proposes to amend rule text describing the
volume required to qualify for certain Customer and Professional Penny
Pilot Options Rebate to Add Liquidity tiers and also certain NOM Market
Maker Penny Pilot Options Rebate to Add Liquidity tiers.
    With respect to the Customer and Professional Tier 8 Penny Pilot
Options Rebate to Add Liquidity, the NOM Market Maker Tier 6 Penny
Pilot Options Rebate to Add Liquidity and the $0.02 per contract Tier 8
incentive for the Customer and Professional Penny Pilot Options Rebate
to Add Liquidity,\7\ the Exchange proposes to amend the language which
describes the required national customer volume in multiply-listed
equity and ETF options classes in a month in these sections. The
Exchange is proposing to conform this language with current rule text
which describes total industry customer equity and ETF option average
daily volume (``ADV'') contracts per day in a month. This proposed
amendment is non-substantive as the two concepts are not different. The
Exchange is proposing to conform the language to avoid confusion. This
amendment will not amend the manner in which those rebates are paid
today.
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    \7\ Participants that add Customer, Professional, Firm, Non-NOM
Market Maker and/or Broker-Dealer liquidity in Penny Pilot Options
and/or Non- Penny Pilot Options of 1.25% or more of national
customer volume in multiply-listed equity and ETF options classes in
a month will receive an additional $0.02 per contract Penny Pilot
Options Customer Rebate to Add Liquidity for each transaction which
adds liquidity in Penny Pilot Options in that month.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \8\ in general, and furthers the objectives of Section
6(b)(5) of the Act \9\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest,
in that

the amendments will provide greater clarity to the pricing of these
options.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the amendments provide greater
specificity and conform word usage with respect to rebates and
incentives offered by NOM. The Exchange is not proposing to amend the
pricing, rather the Exchange believes the amendments make clear that
the terms national customer volume and total industry volume are
equivalent.

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. The amendments to the
options pricing are non-substantive and merely seek to conform rule
text to make clear that the same standard of measure is being applied
to determine the qualifications for the volume tiers and incentives.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(ii) of the Act \10\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(a)(ii).
    \11\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved. The Exchange has
provided the Commission written notice of its intent to file the
proposed rule change, along with a brief description and text of the
proposed rule change, at least five business days prior to the date of
filing of the proposed rule change.

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-NASDAQ-2014-113 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-NASDAQ-2014-113. 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 the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2014-113, and should
be submitted on or before December 26, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-28584 Filed 12-4-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 181 (Wednesday, September 20, 2023)]
[Notices]
[Pages 64972-64973]
[FR Doc No: 2023-20238]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Notice of Adoption of Electric Vehicle Charging Stations
Categorical Exclusion Under the National Environmental Policy Act

AGENCY: Office of the Secretary, U.S. Department of Transportation.

ACTION: Notice of adoption of categorical exclusion.

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SUMMARY: The U.S. Department of Transportation (DOT) is adopting the
Department of Energy's (DOE's) Electric Vehicle Charging Stations
Categorical Exclusion (CE) under the National Environmental Policy Act
to use in DOT programs and funding opportunities administered by DOT.
This notice describes the categories of proposed actions for which DOT
intends to use DOE's CEs and describes the consultation between the
agencies.

DATES: This action is effective upon publication.

FOR FURTHER INFORMATION CONTACT: April Marchese, Deputy Director, P-30,
Office of Environment, by phone at<PHONE_NUMBER>, or by email at
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

National Environmental Policy Act and Categorical Exclusions

    The National Environmental Policy Act (NEPA), as amended at, 42
U.S.C. 4321-4347 (NEPA), requires all Federal agencies to assess the
environmental impact of their actions. Congress enacted NEPA in order
to encourage productive and enjoyable harmony between humans and the
environment, recognizing the profound impact of human activity and the
critical importance of restoring and maintaining environmental quality
to the overall welfare of humankind. 42 U.S.C. 4321, 4331. NEPA's twin
aims are to ensure agencies consider the environmental effects of their
proposed actions in their decision-making processes and inform and
involve the public in that process. 42 U.S.C. 4331. NEPA created the
Council on Environmental Quality (CEQ), which promulgated NEPA
implementing regulations, 40 CFR parts 1500 through 1508 (CEQ
regulations).
    To comply with NEPA, agencies determine the appropriate level of
review--an environmental impact statement (EIS), environmental
assessment (EA), or (CE. 42 U.S.C. 4336. If a proposed action is likely
to have significant environmental effects, the agency must prepare an
EIS and document its decision in a record of decision. 42 U.S.C. 4336.
If the proposed action is not likely to have significant environmental
effects or the effects are unknown, the agency may instead prepare an
EA, which involves a more concise analysis and process than an EIS. 42
U.S.C. 4336. Following the EA, the agency may conclude the process with
a finding of no significant impact if the analysis shows that the
action will have no significant effects. If the analysis in the EA
finds that the action is likely to have significant effects, however,
then an EIS is required.
    Under NEPA and the CEQ regulations, a Federal agency also can
establish CEs--categories of actions that the agency has determined
normally do not significantly affect the quality of the human
environment--in their agency NEPA procedures. 42 U.S.C. 4336(e)(1); 40
CFR 1501.4, 1507.3(e)(2)(ii), 1508.1(d). If an agency determines that a
CE covers a proposed action, it then evaluates the proposed action for
extraordinary circumstances in which a normally excluded action may
have a significant effect. 40 CFR 1501.4(b). If no extraordinary
circumstances are present or if further analysis determines that the
extraordinary circumstances do not involve the potential for
significant environmental impacts, the agency may apply the CE to the
proposed action without preparing an EA or EIS. 42 U.S.C. 4336(a)(2),
40 CFR 1501.4. If the extraordinary circumstances have the potential to
result in significant effects, the agency is required to prepare an EA
or EIS.
    Section 109 of NEPA, enacted as part of the Fiscal Responsibility
Act of 2023, allows a Federal agency to ``adopt'' or use another
agency's CEs for a category of proposed agency actions. 42 U.S.C.
4336(c). To use another agency's CEs under section 109, an agency must
identify the relevant CEs listed in another agency's (``establishing
agency'') NEPA procedures that cover its category of proposed actions
or related actions; consult with the establishing agency to ensure that
the proposed adoption of the CE to a category of actions is
appropriate; identify to the public the CE that the agency plans to use
for its proposed actions; and document adoption of the CE. Id.
    This notice documents DOT's adoption of DOE's Electric Vehicle
Charging Stations CE under section 109 of NEPA to use in DOT programs
and funding opportunities administered by DOT Operating
Administrations.

II. Identification of the Categorical Exclusion

DOE's Electric Vehicle Charging Stations CE

    DOE's electric vehicle charging stations CE is codified in DOE's
NEPA procedures as CE B5.23 of 10 CFR part 1021, subpart D, appendix B,
as follows:
B5.23 Electric Vehicle Charging Stations
    The installation, modification, operation, and removal of electric
vehicle charging stations, using commercially available technology,
within a previously disturbed or developed area. Covered actions are
limited to areas where access and parking are in accordance with
applicable requirements (such as local land use and zoning
requirements) in the proposed project area and would incorporate
appropriate control technologies and best management practices.
    ``Previously disturbed or developed'' refers to land that has been
changed such that its functioning ecological processes have been and
remain altered by human activity. The phrase encompasses areas that
have been transformed from natural cover to non-native species or a
managed state, including, but not limited to, utility and electric
power transmission corridors and rights-of-way, and other areas where
active utilities and currently used roads are readily available. 10 CFR
1021.410(g)(1).
    The DOE CE also includes additional conditions referred to as
integral elements. (10 CFR part 1021 subpt. D, app. B) In order to
apply this CE, the proposal must be one that would not
    (1) Threaten a violation of applicable statutory, regulatory, or
permit requirements for environment, safety, and health, or similar
requirements of DOT or Executive Orders;
    (2) Require siting and construction or major expansion of waste
storage, disposal, recovery, or treatment facilities (including
incinerators), but the proposal may include categorically excluded
waste storage, disposal, recovery, or treatment actions or facilities;
    (3) Disturb hazardous substances, pollutants, contaminants, or
CERCLA-excluded petroleum and natural gas products that preexist in the
environment such that there would be uncontrolled or unpermitted
releases;
    (4) Have the potential to cause significant impacts on
environmentally sensitive resources. An environmentally sensitive
resource is typically a resource that has been identified as needing

protection through Executive Order, statute, or regulation by Federal,
state, or local government, or a federally recognized Indian tribe. An
action may be categorically excluded if, although sensitive resources
are present, the action would not have the potential to cause
significant impacts on those resources (such as construction of a
building with its foundation well above a sole-source aquifer or upland
surface soil removal on a site that has wetlands). Environmentally
sensitive resources include, but are not limited to:
    (i) Property (such as sites, buildings, structures, and objects) of
historic, archeological, or architectural significance designated by a
Federal, state, or local government, federally recognized Indian tribe,
or Native Hawaiian organization, or property determined to be eligible
for listing on the National Register of Historic Places;
    (ii) Federally listed threatened or endangered species or their
habitat (including critical habitat) or Federally-proposed or candidate
species or their habitat (Endangered Species Act); state-listed or
state-proposed endangered or threatened species or their habitat;
Federally-protected marine mammals and Essential Fish Habitat (Marine
Mammal Protection Act; Magnuson-Stevens Fishery Conservation and
Management Act); and otherwise Federally-protected species (such as the
Bald and Golden Eagle Protection Act or the Migratory Bird Treaty Act);
    (iii) Floodplains and wetlands;
    (iv) Areas having a special designation such as Federally- and
state-designated wilderness areas, national parks, national monuments,
national natural landmarks, wild and scenic rivers, state and Federal
wildlife refuges, scenic areas (such as National Scenic and Historic
Trails or National Scenic Areas), and marine sanctuaries;
    (v) Prime or unique farmland, or other farmland of statewide or
local importance, as defined at 7 CFR 658.2(a), ``Farmland Protection
Policy Act: Definitions,'' or its successor;
    (vi) Special sources of water (such as sole-source aquifers,
wellhead protection areas, and other water sources that are vital in a
region); and
    (vii) Tundra, coral reefs, or rain forests; or
    (5) Involve genetically engineered organisms, synthetic biology,
governmentally designated noxious weeds, or invasive species, unless
the proposed activity would be contained or confined in a manner
designed and operated to prevent unauthorized release into the
environment and conducted in accordance with applicable requirements,
such as those of the Department of Agriculture, the Environmental
Protection Agency, and the National Institutes of Health.

Proposed DOT Category of Actions

    DOT intends to apply this categorical exclusion to any DOT EV
charging station project undertaken directly by DOT, to any EV charger
action requiring an approval by DOT, or to any project that is financed
in whole or in part through Federal funds made available by DOT
(including the National Electric Vehicle Infrastructure Formula Program
or the Charging and Fueling Infrastructure Discretionary Grant
Program).
    The CE allows for the installation, modification, operation, and
removal of EV charging stations. DOT will consider each proposal for EV
charging stations to ensure that the proposal is within the scope of
the CE. DOT intends to apply this CE in a manner consistent with DOE's
application--to the same types of proposals (which have included a wide
variety of locations on and off Federal property, differences in local
conditions, various numbers of EV charging stations per proposal, and
different types of equipment and technologies including Level 1, Level
2, and DC Fast Charging stations).

III. Consideration of Extraordinary Circumstances

    When applying this CE, DOT will evaluate the proposals to ensure
evaluation of integral elements listed above. In addition, in
considering extraordinary circumstances, DOT will consider whether the
proposed action has the potential to result in significant effects as
described in DOE's extraordinary circumstances listed at 10 CFR
1021.410(b)(2). DOE defines extraordinary circumstances as unique
situations presented by specific proposals, including, but not limited
to, scientific controversy about the environmental effects of the
proposal; uncertain effects or effects involving unique or unknown
risks; and unresolved conflicts concerning alternative uses of
available resources. In addition, DOT will also consider if there are
any extraordinary circumstances with regards to section 4(f).

IV. Consultation With DOE and Determination of Appropriateness

    DOT and DOE consulted on the appropriateness of DOT's adoption of
the CE from June 2023 through early August 2023. DOT and DOE's
consultation included a review of DOE's experience developing and
applying the CE, as well as the types of actions for which DOT plans to
utilize the CE. These DOT actions are very similar to the type of
projects that DOE funds and therefore the impacts of DOT projects will
be very similar to the impacts of DOE projects, which are not
significant, absent the existence of extraordinary circumstances that
could involve potentially significant impacts. Therefore, DOT has
determined that its proposed use of the CE as described in this notice
would be appropriate. Additional documentation of DOE and DOT's
consultation is available upon request.

V. Notice to the Public and Documentation of Adoption

    This notice serves to identify to the public and document DOT's
adoption of DOE's CE for electric vehicle charging stations. The notice
identifies the types of actions to which DOT will apply the CE, as well
as the considerations that DOT will use in determining whether an
action is within the scope of the CE.

    Issued under authority delegated in 49 CFR 1.25(b).
Carlos Monje, Jr.,
Under Secretary of Transportation for Policy, U.S. Department of
Transportation.
[FR Doc. 2023-20238 Filed 9-19-23; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 88, Number 179 (Monday, September 18, 2023)]
[Notices]
[Pages 63948-63949]
[FR Doc No: 2023-20112]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 8866-013]

Black Canyon Bliss, LLC; Notice of Availability of Environmental
Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380, the Office of Energy Projects has
reviewed the application for a new license to continue to operate and
maintain the Stevenson No. 2 Hydroelectric Project. The project is
located on an unnamed tributary to the Snake River in Gooding County,
Idaho. Commission staff has prepared an Environmental Assessment (EA)
for the project.
    The EA contains staff's analysis of the potential environmental
impacts of the project and concludes that licensing the project, with
appropriate environmental protective measures, would not constitute a
major Federal action that would significantly affect the quality of the
human environment.

    The Commission provides all interested persons with an opportunity
to view and/or print the EA via the internet through the Commission's
Home Page (http://www.ferc.gov/), using the ``eLibrary'' link. Enter
the docket number, excluding the last three digits in the docket number
field, to access the document. For assistance, contact FERC Online
Support at [email protected], or toll-free at<PHONE_NUMBER>,
or for TTY,<PHONE_NUMBER>.
    You may also register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].
    Any comments should be filed within 30 days from the date of this
notice.
    The Commission strongly encourages electronic filing. Please file
comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to
6,000 characters, without prior registration, using the eComment system
at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support. In lieu of electronic
filing, you may submit a paper copy. 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. The first
page of any filing should include docket number P-8866-013.
    For further information, contact Maryam Zavareh at<PHONE_NUMBER>
or by email at [email protected].

    Dated: September 12, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-20112 Filed 9-15-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Rules and Regulations]
[Page 39961]
[FR Doc No: 2015-17125]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0530]
RIN 1625-AA00

Safety Zone; Annual Events Requiring Safety Zones in the Captain
of the Port Lake Michigan Zone-Sturgeon Bay Yacht Club Evening on the
Bay Fireworks

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone on the waters of
Sturgeon Bay in Sturgeon Bay, WI for the Evening on the Bay Fireworks.
This zone will be enforced from 8:30 p.m. until 10:30 p.m. on August 8,
2015. This action is necessary and intended to ensure safety of life on
navigable waters immediately prior to, during, and immediately after
the fireworks display. During the aforementioned period, the Coast
Guard will enforce restrictions upon, and control movement of, vessels
in the safety zone. No person or vessel may enter the safety zone while
it is being enforced without permission of the Captain of the Port Lake
Michigan or a designated representative.

DATES: The regulations in 33 CFR 165.929 will be enforced for safety
zone (f)(5), Table 165.929, from 8:30 p.m. until 10:30 p.m. on August
8, 2015.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email MST1 Joseph McCollum, Prevention Department,
Coast Guard Sector Lake Michigan, Milwaukee, WI at<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    The Coast Guard will enforce the Sturgeon Bay Yacht Club Evening on
the Bay Fireworks safety zone listed as item (f)(5) in Table 165.929 of
33 CFR 165.929. Section 165.929 lists many annual events requiring
safety zones in the Captain of the Port Lake Michigan zone. This safety
zone will encompass all waters of Sturgeon Bay within the arc of a
circle with a 280-foot radius from the fireworks launch site located on
a barge in approximate position 44[deg]49.310' N., 087[deg]21.370' W.
(NAD 83). This zone will be enforced from 8:30 p.m. until 10:30 p.m. on
August 8, 2015.
    All vessels must obtain permission from the Captain of the Port
Lake Michigan or the on-scene representative to enter, move within, or
exit the safety zone. Requests must be made in advance and approved by
the Captain of the Port before transits will be authorized. Approvals
will be granted on a case by case basis. Vessels and persons granted
permission to enter the safety zone must obey all lawful orders or
directions of the Captain of the Port Lake Michigan or a designated
representative.
    This document is issued under authority of 33 CFR 165.929, Safety
Zones; Annual events requiring safety zones in the Captain of the Port
Lake Michigan zone, and 5 U.S.C. 552(a). In addition to this
publication in the Federal Register, the Coast Guard will provide the
maritime community with advance notification for the enforcement of
this zone via Broadcast Notice to Mariners or Local Notice to Mariners.
The Captain of the Port Lake Michigan or an on-scene representative may
be contacted via Channel 16, VHF-FM.

    Dated: June 16, 2015.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2015-17125 Filed 7-10-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: February 10, 2009 (Volume 74, Number 26)]
[Notices]
[Page 6689-6690]
[DOCID:fr10fe09-138]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2000-7363; FMCSA-2002-13411]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
11 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent
to, or greater than, the level of safety maintained without the
exemptions for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective March 4, 2009. Comments must be
received on or before March 12, 2009.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2000-7363; FMCSA-2002-13411,
using any of the following methods.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this Notice. Note that DOT posts all comments received without
change to http://www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19476). This information is
also available at http://DocketInfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 11 individuals who have requested a renewal
of their exemption in accordance with FMCSA procedures. FMCSA has
evaluated these 11 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
Howard K. Bradley, Kirk G. Braegger, Ambrosio E. Calles, Jose G. Cruz,
Harry P. Henning, Christopher L. Humphries, Ralph J. Miles, Thomas C.
Rylee, Stanley B. Salkowski, III, Michael G. Thomas, William H.
Twardus.
    These exemptions are extended subject to the following conditions:
(1) That each individual have a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the standard in 49 CFR 391.41(b)(10), and
(b) by a medical examiner who attests that the individual is otherwise
physically qualified under 49 CFR 391.41; (2) that each individual
provide a copy of the ophthalmologist's or optometrist's report to the
medical examiner at the time of the annual medical examination; and (3)
that each individual provide a copy of the annual medical certification
to the employer for retention in the driver's qualification file and
retain a copy of the certification on his/her person while driving for
presentation to a duly authorized Federal, State, or local enforcement
official. Each exemption will be valid for two years unless rescinded
earlier by FMCSA. The exemption will be rescinded if: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 11 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (65 FR 45817; 65 FR 77066; 67 FR 71610; 70 FR 7545; 72 FR
7812; 67 FR 76439; 68 FR 10298). Each of these 11 applicants has
requested renewal of the exemption and has submitted evidence showing
that the vision in the better eye continues to meet the standard
specified at 49 CFR 391.41(b)(10) and that the vision impairment is
stable. In addition, a review of each record of safety while driving
with the respective vision deficiencies over the past two years
indicates each applicant continues to meet the vision exemption
standards. These factors provide an adequate basis for predicting each
driver's ability to continue to drive safely in interstate commerce.
Therefore, FMCSA concludes that extending the exemption for each
renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by March 12, 2009.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 11 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was based on the merits of each
case and only after careful consideration of the comments received to
its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all of these drivers, are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

    Issued on: February 5, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-2753 Filed 2-9-09; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register Volume 77, Number 13 (Friday, January 20, 2012)]
[Proposed Rules]
[Pages 2926-2928]
[FR Doc No: 2012-1121]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0013; Directorate Identifier 2010-SW-043-AD]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Agusta S.p.A. (Agusta) Model AB139 and AW139 helicopters with a certain
generator control unit (GCU). This proposed AD was prompted by
laboratory tests which revealed a potential fault in the overvoltage
protection on a certain part-numbered GCU. This proposed AD would
require replacing each affected GCU with an airworthy GCU. In addition,
any affected GCU is not approved for installation on any helicopter. We
are proposing this AD to prevent failure of the overvoltage protection
of the GCU, degraded performance of the electrical power generation and
distribution systems, a fire, and subsequent loss of control of the
helicopter.

DATES: We must receive comments on this proposed AD by March 20, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and

5 p.m., Monday through Friday, except Federal holidays.
    Examining The AD Docket: You may examine the AD docket on the
Internet at http://www.regulations.gov or in person at the Docket
Operations Office between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this proposed AD, the
economic evaluation, any comments received, and other information. The
street address for the Docket Operations Office (telephone (800) 647-
5527) is in the ADDRESSES section. Comments will be available in the AD
docket shortly after receipt.
    For service information identified in this proposed AD, contact
Agusta Westland, Customer Support & Services, Via Per Tornavento 15,
21019 Somma Lombardo (VA) Italy, ATTN: Giovanni Cecchelli; telephone
39-0331-711133; fax 39-0331-711180; or at http://www.agustawestland.com/technical-bullettins. You may review copies of
the referenced service information at the FAA, Office of the Regional
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth,
Texas 76137.

FOR FURTHER INFORMATION CONTACT: Mark Wiley, Aerospace Engineer, FAA,
Regulations and Policy Group, Rotorcraft Directorate, 2601 Meacham
Blvd., Fort Worth, Texas 76137; telephone:<PHONE_NUMBER>; fax: (817)
222-5961; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued AD No.
2009-0042, dated February 25, 2009 (AD-2009-0042) to correct an unsafe
condition for the Agusta Model AB139 and AW139 helicopters, all serial
numbers (S/Ns) except S/Ns 31002, 31003, 31004, and 31007. EASA advises
that laboratory tests performed on a new GCU model under development
have shown a potential fault in the overvoltage protection of currently
installed GCUs, part number (P/N) 1152550-3. EASA advises that this
condition, if not corrected, could adversely affect the helicopter's
electrical power generation and distribution system functionalities.

FAA's Determination

    We are proposing this AD because we evaluated all known relevant
information and determined that an unsafe condition exists and is
likely to exist or develop on other helicopters of these same type
designs.

Related Service Information

    Agusta S.p.A. issued Mandatory Bollettino Tecnico No. 139-133,
Revision A, dated March 17, 2009 (BT), for Model AB139 and AW139
helicopters, S/Ns 31005 up to S/N 31143, except for S/Ns 31007, 31037,
31038, 31094; S/N 31112; S/Ns 31146 up to S/N 31148; S/N 31155; S/Ns
31201 up to S/N 31218; and S/Ns 41001 up to S/N 41022, except S/N
41007; with a GCU, P/N 1152550-3. This BT specifies, within 6 months
from receipt of the BT, removing GCU, P/N 1152550-3, modifying
electrical connector A13P1 and A14P1, and replacing each GCU with an
airworthy GCU, P/N 1152550-4 or 1152550-5, to improve electrical power
generation and distribution system functionalities. EASA classified
this BT as mandatory and issued AD 2009-0048 to ensure the continued
airworthiness of these helicopters.

Proposed AD Requirements

    This proposed AD would require, within 6 months, removing the No. 1
and No.2 GCU, P/N 1152550-3, modifying the electrical connectors A13P1
and A14P1 by installing wiring to the power distribution panel, and
installing a No. 1 and No. 2 GCU with P/N 1152550-4 or 1152550-5. Both
GCUs must have identical P/Ns on the same helicopter.

Differences Between This Proposed AD and the EASA AD

    The EASA AD does not apply to certain serial-numbered Model AB139
and AW139 helicopters, and this proposed AD applies to all serial-
numbered Model AB139 and AW139 helicopters.

Costs of Compliance

    We estimate that this proposed AD would affect 72 helicopters of
U.S. Registry. We estimate that operators may incur the following costs
in order to comply with this AD. We estimate that it would take about 4
work hours per helicopter at an average labor rate of $85 per work
hour. Required parts would cost about $42,384 per helicopter. Based on
these figures, we estimate the total cost impact of the proposed AD for
the U.S. operator fleet to be $3,076,128.
    According to the Agusta service information some of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected individuals. We do not control warranty
coverage by Agusta. Accordingly, we have included all costs in our cost
estimate.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.

    For the reasons discussed, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Agusta S.P.A. Helicopters (Agusta): Docket No. FAA-2012-0013;
Directorate Identifier 2010-SW-043-AD.

(a) Applicability

    This AD applies to Agusta Model AB139 and AW139 helicopters,
with a generator control unit (GCU), part-number (P/N) 1152550-3
installed; certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a potential fault in the
overvoltage protection in GCUs currently installed on Model AB139
and AW139 helicopters. We are proposing this AD to prevent failure
of the overvoltage protection of the GCU, degraded performance of
the electrical power generation and distribution systems, or fire,
and subsequent loss of control of the helicopter.

(c) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(d) Requirements

    (1) Remove the No. 1 and No. 2 GCU, P/N 1152550-3. Do not
install GCU, P/N 1152550-3, on any helicopter.
    (2) Modify the electrical connector A13P1 (GCU 1) and
A14P1 (GCU 2) by installing the wiring to the power
distribution panel (PDP) for your serial-numbered helicopter as
depicted in Figure 1 of Agusta Bollettino Tecnico No. 139-133,
Revision A, dated March 17, 2009.
    (3) Using either GCU P/N 1152550-4 or GCU P/N 1152550-5, install
a No. 1 and No. 2 GCU that has the same part number. Having
different part-numbered GCUs on the same helicopter is not approved.

(e) Alternative Methods of Compliance (AMOC)

    (1) The Manager, Safety Management Group, Rotorcraft
Directorate, FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. In accordance
with 14 CFR 39.19, send your request to your principal inspector or
local Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD.
    (2) For operations conducted under a Part 119 operating
certificate or under Part 91, Subpart K, we suggest that you notify
your principal inspector, or lacking a principal inspector, the
manager of the local flight standards district office or certificate
holding district office, before operating any aircraft complying
with this AD through an AMOC.

(f) Additional Information

    The subject of this AD is addressed in European Aviation Safety
Agency (Italy) AD 2009-0042, dated February 25, 2009.

(g) Subject

    Joint Aircraft Service Component (JASC) Code: 2430 DC generating
system.

    Issued in Fort Worth, Texas, on January 5, 2012.
Lance T. Gant,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-1121 Filed 1-19-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 16, 2008 (Volume 73, Number 96)]
[Notices]
[Page 28448]
[DOCID:fr16my08-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER08-695-001]

New York Independent System Operator, Inc.; Notice of Filing

May 9, 2008.
    Take notice that on May 6, 2008, New York Independent system
Operator, Inc. filed revisions to it Market Administration and Control
Area Services Tariff, pursuant to the Commission's March 7, 2008 Order.
    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.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on May 27, 2008.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-11025 Filed 5-15-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 50 (Monday, March 16, 2015)]
[Proposed Rules]
[Pages 13508-13510]
[FR Doc No: 2015-05937]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 170, 177, and 189

[Docket No. FDA-2015-F-0537]

Natural Resources Defense Council et al.; Filing of Food Additive
Petition

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of petition.

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SUMMARY: The Food and Drug Administration (FDA or we) is announcing
that we have filed a petition, submitted by the Natural Resources
Defense Council, Center for Food Safety, Clean Water Action, Children's
Environmental Health Network, Center for Science in the Public
Interest, Breast Cancer Fund, Center for Environmental Health,
Environmental Working Group, and Improving Kids' Environment, proposing
that we amend our regulation to no longer provide for the use of
potassium perchlorate as an additive in closure-sealing gaskets for
food containers, revoke the Threshold of Regulation exemption No. 2005-
006 to no longer exempt the use of sodium

perchlorate monohydrate as a conductivity enhancer in antistatic agents
for use in finished articles in contact with dry foods, and issue a new
regulation to prohibit the use of perchlorate in antistatic agents for
use in food-contact articles. We are requesting comments on the
petition and establishing a comment period of 60 days from the date of
publication of this notice.

DATES: The food additive petition was filed on December 31, 2014.
Submit either electronic or written comments by May 15, 2015.

ADDRESSES: You may submit comments by any of the following methods:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.

Written Submissions

    Submit written submissions in the following ways:
     Mail/Hand delivery/Courier (for paper submissions):
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
    Instructions: All submissions received must include the Docket No.
FDA-2015-F-0537 for this rulemaking. All comments received may be
posted without change to http://www.regulations.gov, including any
personal information provided. For additional information on submitting
comments, see the ``Comments'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov and insert the
docket number(s), found in brackets in the heading of this document,
into the ``Search'' box and follow the prompts and/or go to the
Division of Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville,
MD 20852.

FOR FURTHER INFORMATION CONTACT: Paul Honigfort, Center for Food Safety
and Applied Nutrition (HFS-275), Food and Drug Administration, 5100
Paint Branch Pkwy., College Park, MD 20740-3835,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Under section 409(b)(5) of the Federal Food, Drug, and Cosmetic Act
(the FD&C Act) (21 U.S.C. 348(b)(5)), we are giving notice that we have
filed a food additive petition (FAP 4B4808), submitted by the Natural
Resources Defense Council, 1152 15th St. NW., Suite 300, Washington, DC
20005; Center for Food Safety, 303 Sacramento St., Second Floor, San
Francisco, CA, 94111; Clean Water Action, 1444 I St. NW., Suite 4000,
Washington, DC 20005-6538; Children's Environmental Health Network, 110
Maryland Ave. NE., Suite 402, Washington, DC 20002; Center for Science
in the Public Interest, 1220 L St. NW., Suite 300, Washington, DC
20005; Breast Cancer Fund, 1388 Sutter St., Suite 400, San Francisco,
CA 94109-5400; Center for Environmental Health, 2201 Broadway, Suite
302, Oakland, CA 94612; Environmental Working Group, 1436 U St. NW.,
Suite 100, Washington, DC 20009; and Improving Kids' Environment, 1915
West 18th St., Indianapolis, IN 46202. The petition proposes that we:
(1) Amend 21 CFR 177.1210 to no longer provide for the use of potassium
perchlorate as an additive in closure-sealing gaskets for food
containers; (2) revoke the Threshold of Regulation (TOR) exemption No.
2005-006 to no longer exempt from regulation under the food additive
provisions of the FD&C Act the use of sodium perchlorate monohydrate as
a conductivity enhancer in antistatic agents for use in finished
articles in contact with dry foods; and (3) issue a new regulation in
21 CFR part 189, subpart D (Substances Prohibited from Indirect
Addition to Human Food Through Food-Contact Surfaces) to prohibit the
use of perchlorate in antistatic agents for use in food-contact
articles.
    Pursuant to Sec.  189.1(c), we are requesting comments on the
petition and establishing a comment period of 60 days from the date of
publication of this notice.

II. Amendment of 21 CFR 177.1210

    The petition asks us to amend Sec.  177.1210 so that it would no
longer provide for the use of potassium perchlorate as an additive in
closure-sealing gaskets for food containers in accordance with
procedures specified in 21 CFR 171.130 for amending or revoking a food
additive regulation. Specifically, the petition notes that new
perchlorate toxicity data are now available which support the requested
amendment of Sec.  177.1210. If we determine that new data are
available regarding the toxicity of potassium perchlorate that justify
amending Sec.  177.1210 so that it would no longer allow the use of
potassium perchlorate, we will publish such an amendment of the
regulation in the Federal Register, as set forth in Sec.  171.130 and
Sec.  171.100.

III. Revocation of TOR Exemption No. 2005-006

    The petition asks us to revoke TOR exemption No. 2005-006 to no
longer exempt from regulation under the food additive provisions of the
FD&C Act the use of sodium perchlorate monohydrate as a conductivity
enhancer in antistatic agents for use in finished articles in contact
with dry foods. Specifically, the petition notes that new toxicity and
exposure data on perchlorates are now available which support the
requested revocation of TOR exemption No. 2005-006.
    The procedures for revoking a TOR exemption are specified in Sec.
170.39(g), which states that if we tentatively conclude that available
information on the dietary concentration or safety of sodium
perchlorate monohydrate no longer supports a TOR exemption from the
food additive regulations, we will notify the persons who requested the
exemption of our decision and will provide them with an opportunity to
show why the exemption should not be revoked. If after following all of
the other procedures required by Sec.  170.39(g) we decide to revoke
TOR exemption No. 2005-006, we will publish a notice to that effect in
the Federal Register.

IV. Issue of a New Regulation in 21 CFR 189 Subpart D

    The petition asks us to issue a new regulation in part 189, subpart
D to prohibit the use of perchlorate in antistatic agents for use in
food-contact articles. Specifically, the petition notes that new
toxicity and exposure data on perchlorates are now available which
support the issue of such a regulation.
    The procedures for issuing a new regulation in part 189 are set
forth in Sec.  189.1. Section 189.1(a) states that ``food ingredients''
may be prohibited from uses in human food based on ``a determination
that [the food ingredients] present a potential risk to the public
health or have not been shown by adequate scientific data to be safe
for use in human food.'' Section 189.1(c) requires FDA to publish the
petition for comment if the petition contains reasonable grounds to
that effect. Accordingly, we request comments on the petition with
respect to the petitioners' request for the issuance of a new
regulation in part 189, subpart D to prohibit the use of perchlorate in
antistatic agents for use in food-contact articles.
    We have determined under 21 CFR 25.32(m) that this action is of a
type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an

environmental assessment nor an environmental impact statement is
required.

V. Comments

    Interested persons may submit either electronic comments to http://www.regulations.gov or written comments to the Division of Dockets
Management (see ADDRESSES). It is only necessary to send one set of
comments. Identify comments with the docket number found in brackets in
the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday, and will be posted to the docket at http://www.regulations.gov.

    Dated: March 9, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-05937 Filed 3-13-15; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Notices]
[Pages 61622-61623]
[FR Doc No: 2018-26055]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC19-28-000.
    Applicants: Homer City Generation, L.P.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act, et al. of Homer City Generation, L.P.
    Filed Date: 11/21/18.
    Accession Number: 20181121-5157.
    Comments Due: 5 p.m. ET 12/12/18.

    Docket Numbers: EC19-29-000.
    Applicants: SRIV Partnership LLC, NJR Clean Energy Ventures II
Corporation, Alexander Wind Farm, LLC, Ringer Hill Wind, LLC, Carroll
Area Wind Farm, LLC, Medicine Bow Wind, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act, et al. of SRIV Partnership LLC.
    Filed Date: 11/21/18.
    Accession Number: 20181121-5162.
    Comments Due: 5 p.m. ET 12/12/18.

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

    Docket Numbers: EG19-25-000.
    Applicants: Calpine Gilroy Cogen, L.P.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status.
    Filed Date: 11/26/18.
    Accession Number: 20181126-5068.
    Comments Due: 5 p.m. ET 12/17/18.

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

    Docket Numbers: ER10-2718-032; ER10-2719-032.
    Applicants: Cogen Technologies Linden Venture, L.P., East Coast
Power Linden Holding, L.L.C.
    Description: Notice of Non-Material Change in Status of Cogen
Technologies Linden Venture, L.P., et al.
    Filed Date: 11/26/18.
    Accession Number: 20181126-5041.
    Comments Due: 5 p.m. ET 12/17/18.

    Docket Numbers: ER11-3859-017; ER14-1699-007; ER17-436-005; ER17-
437-008.
    Applicants: Dighton Power, LLC, Milford Power, LLC, Marcus Hook
Energy, L.P., Marcus Hook 50, L.P.
    Description: Notice of change in status of the SEG MBR Entities, et
al.
    Filed Date: 11/21/18.
    Accession Number: 20181121-5160.
    Comments Due: 5 p.m. ET 12/12/18.

    Docket Numbers: ER19-294-000.
    Applicants: GE Oleander LLC.
    Description: Amendment to November 6, 2018 GE Oleander LLC tariff
filing.
    Filed Date: 11/21/18.
    Accession Number: 20181121-5156.
    Comments Due: 5 p.m. ET 12/5/18.

    Docket Numbers: ER19-392-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1887R8 Westar Energy, Inc.
NITSA NOA to be effective 11/1/2018.

    Filed Date: 11/26/18.
    Accession Number: 20181126-5026.
    Comments Due: 5 p.m. ET 12/17/18.

    Docket Numbers: ER19-393-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1888R8 Westar Energy, Inc.
NITSA NOA to be effective 11/1/2018.
    Filed Date: 11/26/18.
    Accession Number: 20181126-5032.
    Comments Due: 5 p.m. ET 12/17/18.

    Docket Numbers: ER19-394-000.
    Applicants: Southwest Power Pool, Inc.
    Applicants: Sec.  205(d) Rate Filing: 1890R8 Westar Energy, Inc.
NITSA NOA to be effective 11/1/2018.
    Filed Date: 11/26/18.
    Accession Number: 20181126-5033.
    Comments Due: 5 p.m. ET 12/17/18.

    Docket Numbers: ER19-395-000.
    Applicants: AEP Texas Inc.
    Description: Sec.  205(d) Rate Filing: AEPTX-Rayos Del Sol Solar
Project Interconnection Agreement to be effective 11/6/2018.
    Filed Date: 11/26/18.
    Accession Number: 20181126-5054.
    Comments Due: 5 p.m. ET 12/17/18.

    Docket Numbers: ER19-396-000.
    Applicants: AES Shady Point, LLC.
    Description: Baseline eTariff Filing: AES Shady Point MBR
Application to be effective 11/27/2018.
    Filed Date: 11/26/18.
    Accession Number: 20181126-5055.
    Comments Due: 5 p.m. ET 12/17/18.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF18-452-000.
    Applicants: North American Natural Resources, Inc.
    Description: Supplement to November 20, 2018 Refund Report of North
American Natural Resources, Inc.
    Filed Date: 11/26/18.
    Accession Number: 20181126-5063.
    Comments Due: 5 p.m. ET 11/26/18.

    Take notice that the Commission received the following PURPA
210(m)(3) filings:

    Docket Numbers: QM19-1-000.
    Applicants: Missouri Basin Municipal Power Agency.
    Description: Application of Missouri Basin Municipal Power Agency
to Terminate Mandatory PURPA Purchase Obligation.
    Filed Date: 11/21/18.
    Accession Number: 20181121-5155.
    Comments Due: 5 p.m. ET 12/19/18.

    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: November 26, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-26055 Filed 11-29-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Proposed Rules]
[Pages 49227-49229]
[FR Doc No: 2013-19534]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0687; Directorate Identifier 2012-NM-118-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440)
airplanes. This proposed AD was prompted by reports of burr marks on
the primary wheels, and cracked rings on the primary wheel shaft, on
certain horizontal stabilizer trim actuators (HSTAs). This proposed AD
would require replacing certain HSTAs. We are proposing this AD to
prevent burr marks on the primary wheels, and cracked rings on the
primary wheel shaft, on certain HSTAs, which may lead to a disconnect
of the pitch trim surface and subsequent loss of pitch control,
resulting in loss of control of the airplane.

DATES: We must receive comments on this proposed AD by September 27,
2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet http://www.bombardier.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call 425-
227-1221.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
New York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0687;
Directorate Identifier 2012-NM-118-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the

closing date and may amend this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    Transport Canada Civil Aviation, which is the aviation authority
for Canada, has issued Canadian Airworthiness Directive CF-2012-18,
dated May 29, 2012 (referred to after this as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:

    It was discovered that a number of primary wheels on the HSTA P/
N [part number] 601R92305-5 (or vendor P/N 8396-4) had burr marks.
Investigation revealed that the burr marks were a result of
incorrectly using the manufacturing process. In addition, some rings
that were fitted on the primary wheel shaft were found cracked. If
not corrected, this condition may lead to a disconnect of the pitch
trim surface and subsequent loss of pitch control.
    This [Canadian] AD mandates the removal of the affected units
that have the above described manufacturing defect.

Corrective actions include replacement of certain HSTAs. You may obtain
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Service Bulletin 601R-27-159, dated June 15,
2011. The actions described in this service bulletin are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

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

Differences Between This AD and the MCAI or Service Information

    While the Applicability of Transport Canada Civil Aviation (TCCA)
Canadian AD CF-2012-18, dated May 29, 2012, is Bombardier, Inc. Model
CL-600-2B19 (Regional Jet Series 100 & 440) airplanes, serial numbers
7003 and subsequent, equipped with HSTAs having P/N 601R92305-5 or
vendor P/N 8396-4, with serial numbers (S/N)s 287, 724, 813, 841, 998,
1031, 1035, 1049, 1053, 1067, 1068, 1136, 1252, 1268, 1303, 1319, 1338,
1354, 1374, 1378, 1445, 1470, 1498, 1513, 1546, 1632, 1736, 1766, 1846,
1849, 2002 through 2009, 2011, 2013 through 2016, 2019, 2020, and 2022;
the applicability of this AD is for all Bombardier, Inc. Model CL-600-
2B19 (Regional Jet Series 100 & 440) airplanes. This has been
coordinated with TCCA.
    While TCCA Canadian AD CF-2012-18, dated May 29, 2012, does not
allow for a records review to verify part numbers, paragraph (g) of
this AD does allow for a records review to be used to verify part
numbers.

Costs of Compliance

    We estimate that this proposed AD affects 575 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
              Action                        Labor cost            Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Replacement.......................  19 work-hours x $85 per                $0           $1,615         $928,625
                                     hour = $1,615.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Bombardier, Inc.: Docket No. FAA-2013-0687; Directorate Identifier
2012-NM-118-AD.

(a) Comments Due Date

    We must receive comments by September 27, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Bombardier, Inc. Model CL-600-2B19
(Regional Jet Series 100 & 440) airplanes, certificated in any
category.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
Controls.

(e) Reason

    This AD was prompted by reports of burr marks on the primary
wheels, and cracked rings on the primary wheel shaft, on certain
HSTAs. We are issuing this AD to prevent burr marks on the primary
wheels, and cracked rings on the primary wheel shaft, on certain
HSTAs, which may lead to a disconnect of the pitch trim surface and
subsequent loss of pitch control, resulting in loss of control of
the airplane.

(f) Compliance

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

(g) Inspection

    Within 1,000 flight hours or 4 months after the effective date
of this AD, whichever occurs first, inspect to determine if any HSTA
having part number (P/N) 601R92305-5 or vendor P/N 8396-4, with
serial numbers (S/N)s 287, 724, 813, 841, 998, 1031, 1035, 1049,
1053, 1067, 1068, 1136, 1252, 1268, 1303, 1319, 1338, 1354, 1374,
1378, 1445, 1470, 1498, 1513, 1546, 1632, 1736, 1766, 1846, 1849,
2002 through 2009, 2011, 2013 through 2016, 2019, 2020, and 2022 is
installed. A review of airplane maintenance records is acceptable in
lieu of this inspection if the part number of the HSTA can be
conclusively determined from that review.

(h) Replacement

    Within 1,000 flight hours or 4 months after the effective date
of this AD, whichever occurs first, replace the affected HSTAs
identified in paragraph (g) of this AD, with a serviceable HSTA, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 601R-27-159, dated June 15, 2011.

(i) Parts Installation Limitations

    As of the effective date of this AD, no person may install any
HSTA having P/N 601R92305-5 or vendor P/N 8396-4 with a S/N listed
in paragraph (g) of this AD, unless the S/N has the suffix ``A''
beside it.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office, (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
Canadian Airworthiness Directive CF-2012-18, dated May 29, 2012, for
related information, which can be found in the AD docket on the
internet at http://www.regulations.gov.
    (2) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on August 6, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-19534 Filed 8-12-13; 8:45 am]
BILLING CODE 4910-13-P