MEMORANDUM

SUBJECT:	Briefing to the Government Affairs and Education Committee International Flight Services Association

FROM:	Richard Naylor

Drinking Water Protection Branch

TO:	Docket ID No. EPA–HQ–OW–2005–0025.

At the request of Mr. Thomas Schwarz, Food Safety Consultant, Mr. Richard Naylor and Ms. Allison Watanabe of EPA’s Drinking Water Protection Branch attended the December 2, 2008, meeting of the Government Affairs and Education Committee (GAEC), International Flight Services Association (IFSA).  Mr. Schwarz requested that Mr. Naylor update the Committee on EPA’s efforts to develop new regulations for aircraft water systems.

Mr. Naylor informed the members that the proposed Aircraft Drinking Water Rule had been published in the Federal Register for public comment on April 9, 2008. Also, he advised the group that since the public comment period had closed July 8, 2008, and the ADWR was not yet final, EPA staff could only present the rule as proposed.  Attached is the briefing on the proposed ADWR that was presented to the GAEC by Mr. Naylor.

Attachment


[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Notices]
[Pages 64058-64060]
[FR Doc No: 2015-26802]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0144; Notice 2]

Ford Motor Company, Grant of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Grant of petition.

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

SUMMARY: Ford Motor Company, (Ford) has determined that certain model
year (MY) 2014 Ford Focus passenger cars do not fully comply with
paragraph S<IP_ADDRESS>(a) of Federal Motor Vehicle Safety Standard (FMVSS)
No. 102, Transmission Shift Position Sequence, Starter Interlock, and
Transmission Braking Effect. Ford has filed an appropriate report dated
November 25, 2013 pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports.

ADDRESSES: For further information on this decision contact Amina
Fisher, Office of Vehicle Safety Compliance, National Highway Traffic
Safety Administration (NHTSA), telephone<PHONE_NUMBER>, facsimile
(202) 366-5930.

SUPPLEMENTARY INFORMATION: I. Ford's Petition: Pursuant to 49 U.S.C.
30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Ford
submitted a petition for an exemption from the notification and remedy
requirements of 49 U.S.C. Chapter 301 on the basis that this
noncompliance is inconsequential to motor vehicle safety.
    Notice of receipt of Ford's petition was published, with a 30-Day
public comment period, on June 19, 2014 in

the Federal Register (79 FR 35226). No comments were received. To view
the petition and all supporting documents log onto the Federal Docket
Management System (FDMS) Web site at: http://www.regulations.gov/. Then
follow the online search instructions to locate docket number ``NHTSA-
2013-0144.''
    II. Vehicles Involved: Affected are approximately 43,699 MY 2014
Ford Focus passenger cars manufactured from August 2, 2013 through
September 27, 2013, at Ford's Michigan Assembly Plant in Wayne,
Michigan.
    III. Noncompliance: Ford explains that the noncompliance is that
the subject vehicles do not fully meet the requirements of paragraph
S<IP_ADDRESS>(a) of FMVSS No. 102 because after a vehicle's ignition has
been switched on, the transmission shift position indicator (PRNDx)
does not display transmission shift position sequence and position,
i.e., Park, until after the shifter release button is depressed under
certain non-typical conditions.
    IV. Rule Text: Paragraph S<IP_ADDRESS> of FMVSS No. 102 requires in
pertinent part:

    S<IP_ADDRESS> Except as specified in S<IP_ADDRESS>, if the transmission
shift position sequence includes a park position, identification of
shift positions, including the positions in relation to each other
and the position selected, shall be displayed in view of the driver
whenever any of the following exist:
    (a) The ignition is in a position where the transmission can be
shifted; or . . .

V. Summary of Ford's Analyses

    Ford explained that this condition can only occur after a non-
typical key-on sequence and only when the transmission is in park, and
believes that this condition does not present a risk to motor vehicle
safety. The following two examples were presented:

    Example 1: After the cluster enters sleep mode, if an operator,
without first opening the door, inserts a key and turns on the
ignition from outside the vehicle (e.g., through an open window) and
later enters the vehicle, the PRNDx will not be illuminated until
the shift lever button is depressed.
    Example 2: After shutting down a vehicle with the transmission
in Park, the driver remains in the vehicle for approximately 10
minutes with the key out of the ignition, and does not contact the
brake pedal or open a door, the cluster will go into sleep mode. If
the driver then starts the engine in 0.7 seconds or less of
performing an action that causes the cluster to wake-up (e.g.,
touching the brake pedal) the PRNDx will not be illuminated until
the shift lever button is depressed.

    Ford said that as soon as the transmission shift lever release
button is depressed (required for shifting to any non-park position)
the PRNDx will illuminate, allowing the customer to select the desired
gear.
    Ford also mentioned that under normal usage the PRNDx illuminates
as intended. As an example, Ford explained that when the driver or
passenger opens a door and enters the car, the cluster will wake-up
from sleep mode and the subject condition will not occur.
    Furthermore, Ford explained that if the vehicle is left in any gear
other than park, the cluster will not go into sleep mode, this subject
noncompliant condition will not occur, and the PRNDx will illuminate as
intended.
    Lastly, Ford stated that no other Ford vehicles are affected by
this condition and Ford is not aware of any owner complaints, accidents
or injuries related to this condition.
    Ford has additionally informed NHTSA that it has corrected the
noncompliance so that all future production vehicles will comply with
FMVSS No. 102.
    In summation, Ford believes that the described noncompliance of the
subject vehicles is inconsequential to motor vehicle safety, and that
its petition, to exempt Ford from providing recall notification of
noncompliance as required by 49 U.S.C. 30118 and remedying the recall
noncompliance as required by 49 U.S.C. 30120 should be granted.

NHTSA Decision

    NHTSA Analysis: NHTSA has reviewed Ford's justification for an
inconsequential noncompliance determination and agree that the subject
noncompliance is inconsequential to motor vehicle safety.
    Ford stated that the subject condition can only occur after certain
non-typical key-on sequences and only when the transmission is in park,
thus not presenting a risk to motor vehicle safety. Ford provided two
example scenarios that can lead to the subject noncompliance. In both
scenarios the instrument cluster electronics defaults to a sleep mode
after a short period of inactivity (requires approximately 10 minutes
of inactivity). Under the first scenario, while in the sleep mode, if
the vehicle operator inserts the ignition key and activates the
ignition through an open window, without first opening the door, and
later enters the vehicle through the door, the PRNDx will not be
illuminated until the shift lever button is depressed. In the second
scenario, after driving, stopping, shifting the vehicle to park,
shutting the engine off and removing the ignition key, if the driver
remains in the vehicle for approximately 10 minutes without contacting
the brake pedal or opening a door, the instrument cluster will go into
sleep mode. If the driver then starts the engine in 0.7 seconds or less
of performing an action that causes the cluster to wake-up (e.g.,
touching the brake pedal) the PRNDx will not be illuminated until the
shift lever button is depressed.
    Upon consideration of these two scenarios, the Agency believes
either could occur, although very infrequently. If either situation did
happen to occur, the transmission would be in the park position and any
further action by the operator to leave the vehicle or shift the
vehicle out of the park position, in preparation to drive away, would
resolve the PRNDx illumination condition. The noncompliant situations
could only exist for short periods of time while the transmission is in
the park position and only until the driver takes further action (i.e.,
leaves the vehicle, depresses the brake pedal, or activates the shift
lever button to shift the vehicle from park). Under these rare
situations there appears to be very little risk to motor vehicle
safety.
    Ford explained that as soon as the transmission shift lever release
button is depressed, which is required prior to shifting to any non-
park position, the PRNDx will illuminate allowing the driver to see and
select the desired gear. NHTSA recognizes that if the driver did find
themselves in the subject noncompliant condition and attempted a gear
change they would have to depress both the brake pedal and the shift
lever release button located on the shift lever. Current vehicle
designs are required to have a brake transmission shift interlock that
forces the driver to depress the brake pedal before the transmission
can be shifted from the park position. Either application of the brake
pedal or activation of the shift lever release, whichever occurs first,
will wake the vehicle dashboard cluster electronics causing the PRNDx
to illuminate. The driver is then able to clearly see and select the
desired transmission gear position.
    Ford stated that the PRNDx illuminates as intended under normal
vehicle use and explained that when a driver or passenger door is
opened the instrument cluster electronics will wake-up from the sleep
mode subsequently meeting the illumination requirements of the safety
standard. NHTSA agrees that it is normal behavior for a driver (or
passenger) to first open a door to enter the vehicle before starting
the engine. It is also normal behavior after entering a vehicle for the

driver to depress the brake pedal and activate the transmission shift
release button in order to shift out of the park position. The subject
noncompliance could only occur in very rare situations, and only when
the vehicle is in the park transmission position, thus not presenting a
risk to motor vehicle safety.
    Ford lastly stated that if the vehicle is left in any transmission
gear other than park, the cluster will not go into sleep mode, the
subject condition will not occur, and the PRNDx will illuminate as
intended. The Agency understand that if a driver does turn the vehicle
off when the transmission is in a gear other than park the instrument
cluster electronics will not be allowed to go into a sleep mode and the
PRNDx illumination will perform as required by the Standard.
    NHTSA Decision: In consideration of the foregoing, NHTSA has
decided that Ford has met its burden of persuasion that the FMVSS No.
102 noncompliance is inconsequential to motor vehicle safety.
Accordingly, Ford's petition is hereby granted and Ford is exempted
from the obligation of providing notification of, and a remedy for,
that noncompliance under 49 U.S.C. 30118 and 30120.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject vehicles that Ford no longer
controlled at the time it determined that the noncompliance existed.
However, the granting of this petition does not relieve Ford
distributors and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant vehicles under their control after Ford
notified them that the subject noncompliance existed.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-26802 Filed 10-21-15; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 78, Number 102 (Tuesday, May 28, 2013)]
[Notices]
[Pages 31913-31914]
[FR Doc No: 2013-12471]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP13-914-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Tenaska Negotiated Rate Agreement to be effective 5/
16/2013.
    Filed Date: 5/16/13.
    Accession Number: 20130516-5046.
    Comments Due: 5 p.m. ET 5/28/13.

    Docket Numbers: RP13-915-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Macquarie Negotiated Rate Agreement to be effective 5/
16/2013.
    Filed Date: 5/16/13.
    Accession Number: 20130516-5055.
    Comments Due: 5 p.m. ET 5/28/13.

    Docket Numbers: RP13-916-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Renaissance LPS-RO to be effective 5/16/2013.
    Filed Date: 5/16/13.
    Accession Number: 20130516-5095.
    Comments Due: 5 p.m. ET 5/28/13.

    Docket Numbers: RP13-917-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: NJR Energy Negotiated Rate Agreement to be effective
5/16/2013.
    Filed Date: 5/16/13.
    Accession Number: 20130516-5104.
    Comments Due: 5 p.m. ET 5/28/13.

    Docket Numbers: RP13-918-000.
    Applicants: White River Hub, LLC.
    Description: 2013 Fuel Gas Reimbursement Report of White River Hub,
LLC.
    Filed Date: 5/16/13.
    Accession Number: 20130516-5140.
    Comments Due: 5 p.m. ET 5/28/13.

    Docket Numbers: RP13-919-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Natural Gas Pipeline Company of America LLC submits
tariff filing per 154.204: Negotiated Rate Filing--Interstate Power to
be effective 5/21/2013.
    Filed Date: 5/17/13.
    Accession Number: 20130517-5131.
    Comments Due: 5 p.m. ET 5/29/13.

    Docket Numbers: RP13-920-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Natural Gas Pipeline Company of America LLC submits
tariff filing per 154.204: BP Canada Energy Negotiated Rate to be
effective 6/1/2013.
    Filed Date: 5/17/13.
    Accession Number: 20130517-5146.
    Comments Due: 5 p.m. ET 5/29/13.

    Docket Numbers: RP13-921-000.
    Applicants: Empire Pipeline, Inc.
    Description: Empire Pipeline, Inc. submits tariff filing per
154.204: Correction to GTC Sec 14 to be effective 10/28/2011.
    Filed Date: 5/17/13.
    Accession Number: 20130517-5151.
    Comments Due: 5 p.m. ET 5/29/13.

    Docket Numbers: RP13-922-000.
    Applicants: Equitrans, L.P.
    Description: Equitrans, L.P. submits tariff filing per 154.203:
Compliance Filing--Sunrise Retainage to be effective 7/1/2013.
    Filed Date: 5/20/13.
    Accession Number: 20130520-5024.
    Comments Due: 5 p.m. ET 6/3/13.

    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.

Filings in Existing Proceedings

    Docket Numbers: RP13-240-001.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: FTB Compliance (5-16-13) to be effective 5/1/2013.
    Filed Date: 5/16/13.
    Accession Number: 20130516-5094.
    Comments Due: 5 p.m. ET 5/23/13.

    Docket Numbers: RP13-378-002.
    Applicants: Viking Gas Transmission Company.
    Description: Viking Gas Transmission Company submits tariff filing
per 154.203: 2012 Housekeeping Compliance II to be effective 1/22/2013.
    Filed Date: 5/17/13.
    Accession Number: 20130517-5061.
    Comments Due: 5 p.m. ET 5/29/13.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, and service 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 (202) 502-
8659.

    Dated: May 20, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-12471 Filed 5-24-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Rules and Regulations]
[Pages 40660-40662]
[FR Doc No: 2018-17648]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0937; Product Identifier 2017-NE-32-AD; Amendment
39-19341; AD 2018-16-01]
RIN 2120-AA64

Airworthiness Directives; B/E Aerospace Fischer GmbH Attendant
Seats and Pilot Seats

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
B/E Aerospace Fischer GmbH Attendant Seats NG and Pilot Seats 120/335.
This AD requires removing and replacing the energy absorber (EA)
assemblies on affected pilot seats and the removing and replacing
affected attendant seats. This AD was prompted by the discovery that
rivets with insufficient strength were used during the manufacture of
EA assemblies installed on certain seats. We are issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective August 31, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 31,
2018.
    We must receive comments on this AD by October 1, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact B/E
Aerospace Fischer GmbH, M[uuml]ller-Armack-Str. 4, D-84034 Landshut,
Germany; phone: +49 (0) 871 93248-0; fax: +49 (0) 871 93248-22; email:
[email protected]. You may view this service information at the
FAA, Engine & Propeller Standards Branch, 1200 District Avenue,
Burlington, MA, 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2017-0937.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0937; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the mandatory continuing airworthiness information
(MCAI), the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (phone: 800-647-
5527) is listed above. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Dorie Resnik, Aerospace Engineer,
Boston ACO Branch, FAA, 1200 District Avenue, Burlington, MA, 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD 2016-0210, dated October 24, 2016 (referred to after this as ``the
MCAI''), to address an unsafe condition for the specified products. The
MCAI states:

    It was discovered that rivets with insufficient strength were
used during the manufacturing of energy absorber (EA) assemblies,
installed on certain seats. As a consequence, these EA assemblies
may not be fully functional during an emergency landing.
    This condition, if not corrected, could lead to injury of the
seat occupant.
    To address this unsafe condition, B/E Aerospace Fisher issued
Service Bulletin (SB) SB 9911-001 to provide replacement
instructions.
    For the reason described above, this [EASA] AD requires
replacement of the EA assemblies on the affected seats.

    You may obtain further information by examining the MCAI in the AD
docket on the internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2017-0937.

Related Service Information Under 1 CFR Part 51

    We reviewed B/E Aerospace Fischer Alert Service Bulletin (ASB) No.
SB 9911-001, Issue B, dated November 4, 2016. The ASB describes
procedures for removing and replacing the EA assemblies on affected
pilot seats and the removing and replacing affected attendant seats.
This service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by EASA, and is approved for
operation in the United States. Pursuant to our bilateral agreement
with the European Community, EASA has notified us of the unsafe
condition described in the MCAI and service information referenced
above. We are issuing this AD because we evaluated all the relevant
information provided by EASA and determined the unsafe condition
described previously is likely to exist or develop in other products of
the same type design.

AD Requirements

    This AD requires removing and replacing the EA assemblies on
affected pilot seats and removing and replacing the affected attendant
seats.

FAA's Justification and Determination of the Effective Date

    No domestic operators use this product. Therefore, we find good
cause that notice and opportunity for prior public comment are
unnecessary. In addition, for the reason stated above, we find that
good cause exists for making this amendment effective in less than 30
days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include the docket number FAA-2017-
0937 and Product Identifier 2017-NE-32-AD at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this final rule. We will
consider all comments received by the closing date and may amend this
final rule because of 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 final rule.

Costs of Compliance

    We estimate that this AD affects 0 pilot seats and 0 attendant
seats installed on aircraft of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspect to determine if re-work has     1 work-hour x $85 per                 $0             $85              $0
 been accomplished.                      hour = $85.
Replace EA assembly...................  2 work-hours x $85 per            20,000          20,170               0
                                         hour = $170.
Remove and replace attendant seat.....  2 work-hour x $85 per             10,000          10,170               0
                                         hour = $170.
----------------------------------------------------------------------------------------------------------------

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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to engines, propellers, and
associated appliances to the Manager, Engine and Propeller Standards
Branch, Policy and Innovation Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2018-16-01 B/E Aerospace Fischer GmbH: Amendment 39-19341; Docket
No. FAA-2017-0937; Product Identifier 2017-NE-32-AD.

(a) Effective Date

    This AD is effective August 31, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to attendant seats NG and pilot seats 120/335
with part numbers (P/Ns) and serial numbers (S/Ns) listed in Figures
1 and 2 to paragraph (c) of this AD. These seats are known to be
installed on, but not limited to, Leonardo S.p.a. (formerly
Finmeccanica, AgustaWestland, and Agusta) A109 and AW169 rotorcraft.

 Figure 1 to Paragraph (c) of This AD--P/N and S/Ns of Attendant Seat NG
------------------------------------------------------------------------
                P/N                                  S/N
------------------------------------------------------------------------
1021-A-B-10221-0WX01..............  0232 ,0237, 0252, 0253, 0254, 0255,
                                     0263, 0284, 0285, 0286, 0287, 0288,
                                     0290, 0291, 0307, 0308, 0309, 0310,
                                     0311, 0312, 0313, 0314.
------------------------------------------------------------------------

 Figure 2 to Paragraph (c) of This AD--P/Ns and S/Ns of Pilot Seat 120/
                                   335
------------------------------------------------------------------------
                  P/N                                  S/N
------------------------------------------------------------------------
9911-0-0-X05X11101L2...................  1524, 1525, 1531, 1534.
9911-0-0-X05X11101R2...................  1529, 1530.
9911-0-0-X05X111L1R2...................  1542, 1543.
9911-0-0-X05X111R1L2...................  1541.
------------------------------------------------------------------------

(d) Subject

    Joint Aircraft System Component (JASC) Code 2510, Flight
Compartment Equipment.

(e) Unsafe Condition

    This AD was prompted by the discovery that rivets with
insufficient strength were used during the manufacture of energy
absorber (EA) assemblies installed on certain Attendant Seats NG and
Pilot Seats 120/335. We are issuing this AD to prevent malfunction
of the EA on the seat. The unsafe condition, if not addressed, could
result in injuries to the occupants during an emergency landing.

(f) Compliance

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

(g) Required Actions

    Within 45 days after the effective date of this AD:
    (1) Review each affected attendant seat NG and pilot seat 120/
335 to determine if rework has already been performed in accordance
with the instructions in the Actions paragraph in B/E Aerospace
Fischer Alert Service Bulletin (ASB) No. SB 9911-001, Issue B, dated
November 4, 2016. If rework has been performed, no further action is
required.
    (2) Remove and replace the EA assemblies on each affected pilot
seat in accordance with the instructions in the Actions paragraph in
B/E Aerospace Fischer ASB No. SB 9911-001, Issue B, dated November
4, 2016.
    (3) Remove each affected attendant seat and replace with a
reworked seat in accordance with the instructions in the Actions
paragraph B/E Aerospace Fischer ASB No. SB 9911-001, Issue B, dated
November 4, 2016.

(h) Installation Prohibition

    After the effective date of this AD, do not install an affected
seat on an aircraft unless, prior to installation, the EA assemblies
on the seat have been replaced in accordance with B/E Aerospace
Fischer ASB No. SB 9911-001, Issue B, dated November 4, 2016.

(i) Credit for Previous Actions

    You may take credit for the actions required by paragraph (g) of
this AD if you performed these actions using B/E Aerospace Fischer
ASB No. SB 9911-001, Issue A, dated July 14, 2016.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Boston ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (k)(1) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Related Information

    (1) For more information about this AD, contact Dorie Resnik,
Aerospace Engineer, Boston ACO Branch, FAA, 1200 District Avenue,
Burlington, MA, 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email: [email protected].
    (2) Refer to European Aviation Safety Agency (EASA) AD 2016-
0210, dated October 24, 2016, for more information. You may examine
the EASA AD in the AD docket on the internet at http://www.regulations.gov by searching for and locating it in Docket No.
FAA-2017-0937.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) B/E Aerospace Fischer Alert Service Bulletin No. SB 9911-
001, Issue B, dated November 4, 2016.
    (ii) Reserved.
    (3) For service information identified in this AD, contact B/E
Aerospace Fischer GmbH, M[uuml]ller-Armack-Str. 4, D-84034 Landshut,
Germany; phone: +49 (0) 871 93248-0; fax:+49 (0) 871 93248-22;
email: [email protected].
    (4) You may view this service information at FAA, Engine &
Propeller Standards Branch, 1200 District Avenue, Burlington, MA,
01803. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on August 9, 2018.
Robert J. Ganley,
Manager, Engine and Propeller Standards Branch, Aircraft Certification
Service.
[FR Doc. 2018-17648 Filed 8-15-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 143 (Thursday, July 25, 2019)]
[Rules and Regulations]
[Pages 35824-35825]
[FR Doc No: 2019-15715]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 45 and 46

[Docket No. RM18-15-001; Order No. 856-A]

Interlocking Officers and Directors; Requirements for Applicants
and Holders

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Order on rehearing.

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

SUMMARY: In this order on rehearing, the Federal Energy Regulatory
Commission grants in part and denies in part rehearing and
clarification regarding certain revisions to its regulations related to
interlocking officers and directors.

DATES: This order on rehearing will become effective September 23,
2019.

FOR FURTHER INFORMATION CONTACT:
Lindsay Orphanides (Technical Information), Office of Energy Market
Regulation, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>Mary Ellen Stefanou (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    1. On February 21, 2019, the Commission issued Order No. 856.\1\
Order No. 856 revised parts 45 and 46 of the Commission's regulations
related to interlocking officers and directors to clarify and update
the requirements for both applicants and holders. In particular, Order
No. 856: (1) Updated the Commission's regulations to reflect statutory
changes to the circumstances in which an applicant who would otherwise
require Commission authorization to hold an interlocking position need
not do so; (2) revised the Commission's regulations and clarified the
Commission's position on late-filed applications and informational
reports; (3) revised the Commission's regulations and clarified that an
interlock holder is not required to file a notice of change when merely
changing positions within a holding company; (4) revised the
Commission's regulations and stated that applicants do not need to list
in their applications public utilities that do not have officers or
directors; (5) revised the Commission's regulations with regard to
public utilities owned by a natural person; (6) created an exemption
from the filing requirements for interlocking positions of 90 days or
less; and (7) removed Sec.  46.2(b) of the Commission's regulations,
which contained definitions and phrases now rendered obsolete.
---------------------------------------------------------------------------

    \1\ Interlocking Officers and Directors; Requirements for
Applicants and Holders, Order No. 856, 84 FR 7274 (March 4, 2019),
166 FERC ] 61,119 (2019).
---------------------------------------------------------------------------

    2. On March 25, 2019, El Paso Electric Company (El Paso) filed a
request for rehearing of Order No. 856, seeking clarification or
rehearing of two revisions made by the final rule. We address these
issues below.

II. Discussion

A. Sufficiency of Form No. 561 for Reporting Changes in Position

1. Final Rule
    3. In Order No. 856, the Commission amended Sec. Sec.  45.4 and
45.5 of the Commission's regulations to state that supplemental
applications and notices of change need not be filed in the case of a
person already authorized to hold interlocks identified in Sec.
45.9(a) who may assume new or different positions that are still among
those identified by Sec.  45.9(a). The Commission stated that such
changes in positions among related public utilities are already
reported in the annual Form No. 561s,\2\ and separate filings under
Sec.  45.4 or Sec.  45.5 are unnecessary.
---------------------------------------------------------------------------

    \2\ 18 CFR 131.31 (Annual Report of Interlocking Positions). The
Form No. 561 is an annual report of information detailing electric
public utility officer and board of director positions that officers
and directors held within and outside their affiliated public
utility at any point during the preceding year.
---------------------------------------------------------------------------

2. Request for Rehearing
    4. El Paso seeks clarification that supplemental applications and
notices of change need not be filed in the case of a person already
authorized to hold interlocks with respect to all interlocks authorized
under part 45 generally, and is not limited solely to interlocks
identified in Sec.  45.9. El Paso states that, when an officer or
director holds a new or different interlocking position within any
interlock authorized under part 45, it is reported in Form No. 561. El
Paso asserts that ``the Commission's rationale for its clarification in
Order No. 856 that Form No. 561 reporting is sufficient, and that
supplemental applications and changes in notice need not be filed if/
when an officer or director assumes a new or different position within
the same interlocking companies, applies equally to any interlock
authorized under [p]art 45, and not merely to an interlock identified
in [Sec.  ] 45.9.'' \3\
---------------------------------------------------------------------------

    \3\ El Paso Request for Rehearing at 4.
---------------------------------------------------------------------------

    5. El Paso states that, in the alternative, it seeks rehearing of
Order No. 856 and requests that the Commission grant equal treatment to
all interlocks authorized under part 45, on the basis that it is
sufficient for changes in position for all authorized interlocks to be
reported annually in Form No. 561, without the need for the filing of a
supplemental application under Sec.  45.4 or a notice of change under
Sec.  45.5.\4\
---------------------------------------------------------------------------

    \4\ Id. (internal citations omitted).
---------------------------------------------------------------------------

3. Commission Determination
    6. We deny El Paso's request for clarification or rehearing. The
Commission's rationale for the change adopted in Order No. 856 that
supplemental applications and notices of change need not be filed in
the case of a person already authorized to hold interlocks identified
in Sec.  45.9(a) stated that ``such changes in positions among related
public utilities are already reported in the annual Form No. 561s, and
separate filings under Sec.  45.4 or Sec.  45.5 are unnecessary.'' \5\
However, that rationale does not apply equally to ``any interlock
authorized under [p]art 45.'' \6\ The Commission has recognized a
difference between holding interlocks among two or more commonly-owned
or -controlled public utilities, and holding an interlock between, for
example, a public utility and an electrical equipment supplier.
Interlocks that fall under Sec.  45.2 and are not between two or more
commonly-owned or -controlled public utilities (and therefore are
outside the scope of Sec.  45.9(a)) are reviewed by the Commission so
that the Commission can be sure that the ``evils to be eliminated by
the enactment of section 305(b)'' \7\ are not present. By contrast, for
interlocks that fall under Sec.  45.9(a)'s automatic

authorization, the Commission has found that the evils to be eliminated
by the enactment of Federal Power Act (FPA) section 305(b) are not
present because the potential for abuse would be unlikely to result
from such interlocks.\8\ Therefore, we will continue to require an
officer or director who seeks a new or different interlocking position,
or leaves a position, with entities covered by Sec.  45.2 and not
subject to the automatic authorization of Sec.  45.9(a) to file
supplemental applications and notices of change so that the Commission
may review the new or different position to ensure that there continues
to be no potential for abuse.
---------------------------------------------------------------------------

    \5\ Order No. 856, 166 FERC ] 61,119 at P 12 (emphasis added).
    \6\ El Paso Request for Rehearing at 4.
    \7\ James S. Pignatelli, 111 FERC ] 61,496, at P 12 (2005)
(quoting John Edward Aldred, 2 FPC 247, 261 (1940)). The ``evils to
be eliminated by the enactment of section 305(b),'' include: ``[. .
.] (3) the lack of arm's-length dealings between public utilities
and organizations furnishing financial services or electrical
equipment; (4) the employment of dummy directors designated solely
for the purpose of executing the order of those in control, and
nominal directors who give little time and attention to the affairs
of the companies; and (5) violations of laws, ethics, and good
business practices by those holding such interlocking positions
whereby such relationship is employed for their own benefit or
profit, or for the benefit or profit of any other person or persons
and to the detriment of the companies, their security holders or the
public interest.'' Id.; accord Hatch v. FERC, 654 F.2d 825, 831-32
(D.C. Cir. 1981).
    \8\ See Automatic Authorization for Holding Certain Positions
that Require Commission Approval Under Section 305(b) of the Federal
Power Act, Order No. 446, 34 FERC 61,168 at 30,129-30,131 (1986).
---------------------------------------------------------------------------

B. Past Grants of Authorization for Interlocks That No Longer Require
Commission Authorization

1. Final Rule
    7. In Order No. 856, the Commission explained that Sec.  45.2 of
the Commission's regulations describes the types of interlocking
positions that require Commission authorization, including those
between a public utility and entities authorized by law to underwrite
or participate in the marketing of public utility securities.\9\
However, in 1999, Congress amended FPA section 305(b)(2) to provide
that an applicant for certain interlocking positions is no longer
required to obtain Commission authorization to hold such positions.\10\
In Order No. 856, consistent with the revision of the underlying
statute, the Commission revised Sec.  45.2 of its regulations to add
that an applicant for an interlocking position between a public utility
and a ``bank, trust company, banking association, or firm that is
authorized by law to underwrite or participate in the marketing of
public utility securities'' \11\ does not need Commission authorization
when certain circumstances are present; that is, when:
---------------------------------------------------------------------------

    \9\ 18 CFR 45.2(b)(2).
    \10\ See Public Law 106-102, sec. 737, 113 Stat. 1338, 1479
(1999) (known as the Gramm-Leach-Bliley Act).
    \11\ 18 CFR 45.2(b)(2).
---------------------------------------------------------------------------

     The person does not participate in any deliberations or
decisions of the public utility regarding the selection of the bank,
trust company, banking association, or firm to underwrite or
participate in the marketing of securities of the public utility, if
the person serves as an officer or director of a bank, trust company,
banking association, or firm that is under consideration in the
deliberation process;
     the bank, trust company, banking association, or firm of
which the person is an officer or director does not engage in the
underwriting of, or participate in the marketing of, securities of the
public utility of which the person holds the position of officer or
director;
     the public utility for which he/she serves or proposes to
serve as an officer or director selects underwriters by competitive
procedures; or
     the issuance of securities of the public utility for which
the person serves or proposes to serve as an officer or director has
been approved by all Federal and State regulatory agencies having
jurisdiction over the issuance.\12\
---------------------------------------------------------------------------

    \12\ Order No. 856, 166 FERC ] 61,119 at P 6; see also 16 U.S.C.
825d(b)(2).
---------------------------------------------------------------------------

2. Request for Rehearing
    8. El Paso states that a member of its board of directors sought
and received Commission approval for an interlock that was subsequently
removed from the Commission's FPA jurisdiction as a result of the
Gramm-Leach-Bliley Act. El Paso states that ``[t]he presence of this,
and other, past grants of case-specific authorizations for interlocks
no longer within the Commission's Federal Power Act jurisdiction
creates the potential for confusion and uncertainty regarding whether
those past applicants are expected to adhere to the requirements of
[p]art 45 of the Commission's regulations governing Commission-approved
interlocks.'' El Paso therefore seeks the Commission's grant of
clarification in this regard, or, in the alternative, rehearing of
Order No. 856.\13\
---------------------------------------------------------------------------

    \13\ El Paso Request for Rehearing at 4-5.
---------------------------------------------------------------------------

3. Commission Determination
    9. We grant El Paso's request for clarification and clarify that
if, as a result of the change in FPA section 305(b)(2) in 1999 and the
corresponding changes to Sec.  45.2 of the Commission's regulations
made by Order No. 856, an individual no longer holds an interlock that
requires Commission authorization, that individual no longer needs to
adhere to the requirements of parts 45 and 46 of the Commission's
regulations governing Commission approval of such interlocks. We direct
those individuals holding interlocking positions that no longer require
Commission authorization to make a notice of change filing under Sec.
45.5 of the Commission's regulations, within 45 days of the effective
date of this order, informing the Commission that they no longer hold
such interlocks.

III. Document Availability

    10. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE, Room 2A,
Washington, DC 20426.
    11. From the Commission's Home Page on the internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
    12. User assistance is available for eLibrary and the Commission's
website during normal business hours from FERC Online Support at (202)
502-6652 (toll free at 1-866-208-3676) or email at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
<EMAIL_ADDRESS>
    Issued: July 18, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-15715 Filed 7-24-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: June 28, 2006 (Volume 71, Number 124)]
[Proposed Rules]
[Page 36726-36730]
[DOCID:fr28jn06-34]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2003-0156; FRL-8189-5]

Standards of Performance for New Stationary Sources and Emission
Guidelines for Existing Sources: Other Solid Waste Incineration Units:
Reconsideration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of reconsideration of final rule; request for public
comment; notice of public hearing.

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

SUMMARY: On December 16, 2005, EPA published a final rule entitled,
``Standards of Performance for New Stationary Sources and Emission
Guidelines for Existing Sources: Other Solid Waste Incineration
Units.'' Following that final action, the Administrator received a
petition for reconsideration. In response to the petition, EPA is
announcing its reconsideration of and requesting comment on whether
sewage and sludge incinerators should be excluded from the other solid
waste incineration units (OSWI) rules.

DATES: Comments. Submit comments on or before August 14, 2006. Because
of the need to resolve the issues raised in this action in a timely
manner, EPA will not grant requests for extensions beyond this date.
    Public Hearing. If anyone contacts EPA by July 5, 2006 requesting
to speak at a public hearing, EPA will hold a public hearing on July
12, 2006. If you are interested in attending the public hearing,
contact Dorothy Apple at<PHONE_NUMBER> to verify that a hearing will
be held.

ADDRESSES: Comments. Submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2003-0156, by one of the following methods:
    Web site: http://www.regulations.gov. Follow the online

instructions for submitting comments.
    E-mail: Send your comments via electronic mail to
<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-OAR-2003-0156.

    Facsimile: Fax your comments to<PHONE_NUMBER>, Attention Docket ID
No. EPA-HQ-OAR-2003-0156.
    Mail: Send your comments to: EPA Docket Center (EPA/DC), EPA,
Mailcode 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460,
Attention Docket ID No. EPA-HQ-OAR-2003-0156.
    Hand Delivery: Deliver your comments to: EPA Docket Center (EPA/
DC), EPA West Building, Room B108, 1301 Constitution Ave., NW.,
Washington, DC, 20460, Attention Docket ID No. EPA-HQ-OAR-2003-0156.
Such deliveries are accepted only during the normal hours of operation
(8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays), and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2003-0156. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information

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

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

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA

cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Public Hearing: If a public hearing is held, it will be held at
EPA's Campus located at 109 T.W. Alexander Drive in Research Triangle
Park, NC, or an alternate site nearby. Persons interested in presenting
oral testimony must contact Dorothy Apple at<PHONE_NUMBER> at least 7
days in advance of the hearing. If no one contacts Dorothy Apple in
advance of the hearing with a request to present oral testimony at the
hearing, we will cancel the hearing. The public hearing will provide
interested parties the opportunity to present data, views, or arguments
concerning the reconsideration. The record for this action will remain
open for 30 days after the date of the hearing to accommodate submittal
of information related to the public hearing.
    Docket: All documents in the docket are listed in the http://www.regulations.gov
 index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically at http://www.regulations.gov
 or in hard copy at the EPA Docket Center (EPA/DC),

EPA West Building, Room B102, 1301 Constitution Ave., NW., Washington,
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is<PHONE_NUMBER>, and the telephone number for the
EPA Docket Center is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Ms. Martha Smith, Natural Resources
and Commerce Group, Sector Policies and Programs Division (E143-03),
U.S. EPA, Research Triangle Park, North Carolina 27711,<PHONE_NUMBER>,
e-mail<EMAIL_ADDRESS>For questions about the public hearing,
contact Dorothy Apple at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Organization of This Document. The following
outline is provided to aid in locating information in this preamble.

I. General Information
    A. Does the reconsideration notice apply to me?
    B. How do I obtain a copy of this document and other related
information?
II. Background Information
III. Actions We Are Taking
IV. Discussion of Issue for Reconsideration
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution or Use
    I. National Technology Transfer Advancement Act

I. General Information

A. Does the reconsideration notice apply to me?

    Regulated Entities. This reconsideration proceeding potentially
affects sewage sludge incinerators. Although there is not a specific
North American Industrial Classification System (NAICS) code for sewage
sludge incinerators, these units may be operated by municipalities or
other entities and the following NAICS codes apply: Non-hazardous
incinerators (NAICS 562213); sludge disposal sites (NAICS 562212); and
sewage treatment facilities (NAICS 221320). The categories and entities
regulated by the final OSWI rules are very small municipal waste
combustion (VSMWC) units and institutional waste incineration (IWI)
units. The final OSWI emission guidelines and new source performance
standards (NSPS) affect the following categories of sources:

------------------------------------------------------------------------
                                                 Examples of potentially
             Category               NAICS code     regulated entities
------------------------------------------------------------------------
Any State, local, or Tribal            562213,  Solid waste combustion
 government using a VSMWC unit as        92411   units burning municipal
 defined in the regulations.                     waste collected from
                                                 the general public and
                                                 from residential,
                                                 commercial,
                                                 institutional, and
                                                 industrial sources.
Institutions using an IWI unit as   922, 6111,  Correctional
 defined in the regulations.         623, 7121   institutions, primary
                                                 and secondary schools,
                                                 camps and national
                                                 parks.
Any Federal government agency              928  Department of Defense
 using an OSWI unit as defined in                (labs, military bases,
 the regulations.                                munition facilities).
Any college or university using     6113, 6112  Universities, colleges
 an OSWI unit as defined in the                  and community colleges.
 regulations.
Any church or convent using an            8131  Churches and convents.
 OSWI unit as defined in the
 regulations.
Any civic or religious                    8134  Civic associations and
 organization using an OSWI unit                 fraternal associations.
 as defined in the regulations.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities that were regulated by the final
OSWI rules.

B. How do I obtain a copy of this document and other related
information?

    Docket. The docket number for this action and the final OSWI new
source performance standards (NSPS) (40 CFR part 60, subpart EEEE) and
emission guidelines (40 CFR part 60, subpart FFFF) is Docket ID No.
EPA-HQ-OAR-2003-0156.
    Worldwide Web (WWW). In addition to being available in the docket,
electronic copies of the final rule and the notice of reconsideration
are available on the WWW through the Technology Transfer Network Web
site (TTN). Following signature, EPA posted a copy of the final rule on
the TTN's policy and guidance page for newly proposed or promulgated
rules at http://www.epa.gov/ttn/oarpg. The TTN provides information and

technology exchange in various areas of air pollution control.

II. Background Information

    Section 129 of the Clean Air Act (CAA), entitled ``Solid Waste
Combustion,'' requires EPA to develop and adopt NSPS and emission
guidelines for solid waste incineration units pursuant to CAA section
111. Section 111(b) of the CAA requires EPA to establish NSPS for new
sources, and

CAA section 111(d) requires EPA to establish procedures for States to
submit plans for implementing emission guidelines for existing sources.
Congress specifically added section 129 to the CAA to address concerns
about emissions from solid waste combustion units. Section 129(a)(1) of
the CAA identifies five categories of solid waste incineration units:
    (1) Units with a capacity of greater than 250 tons per day (tpd)
combusting municipal waste;
    (2) Units with a capacity equal to or less than 250 tpd combusting
municipal waste;
    (3) Units combusting hospital, medical and infectious waste;
    (4) Units combusting commercial or industrial waste; and
    (5) Unspecified--other categories of solid waste incineration
units.
    EPA previously developed regulations for each of the listed
categories of solid waste incineration units except for the undefined
``other categories of solid waste incineration units.'' On December 9,
2004 (69 FR 71472), EPA proposed NSPS and emission guidelines for OSWI
units. EPA received and considered public comments and promulgated
final regulations for OSWI units on December 16, 2005.
    Following the promulgation of the final OSWI rule, EPA received a
petition for reconsideration from the Sierra Club. The purpose of this
notice is to initiate a process for responding to one issue raised in
the petition.

III. Actions We Are Taking

    Today, we are granting reconsideration of and requesting comment on
the sewage sludge incinerator issue, an issue raised in the petition
for reconsideration. Generally, the Sierra Club contends that sewage
sludge incinerators should be regulated as a type of OSWI under CAA
section 129. Petitioner notes that the notice of proposal of the OSWI
rule did not mention sewage sludge incinerators, and claims that there
was no opportunity to comment on EPA's decision not to regulate sewage
sludge incinerators under OSWI. Moreover, they argue that EPA's
rationale was advanced for the first time in the final rule and
supporting documents.
    EPA acknowledges that the OSWI proposal notice (69 FR 71472,
December 9, 2004) did not specifically mention or request comment on
whether sewage sludge incinerators should be regulated under the OSWI
rules. EPA did publish notices on April 24, 2000, (65 FR 23459-01) and
June 26, 2002, (67 FR 43113) in which EPA indicated that we had decided
not to regulate sewage sludge incinerators as a category under CAA
section 129 and listing it as an area source category to be regulated
under CAA section 112(c)(3) and 112(k)(3). These notices; however, did
not request public comment on whether sewage sludge incinerators should
be regulated under section 129 or section 112. We have decided to grant
reconsideration of this issue in the interest of ensuring full
opportunity for comment. The issue is described in further detail
below.
    Our final decision on reconsideration for all the other issues
raised by petitioners, and for which we are not granting
reconsideration today, will be issued no later than the date by which
we take final action on the sewage sludge incinerator issue discussed
in this notice. We are requesting public comment only on the sewage
sludge incinerator issue identified in this notice. We will not respond
to any comments addressing other aspects of the OSWI rule or any
related rulemakings.

IV. Discussion of Issue for Reconsideration

    EPA acknowledges that earlier notices indicated that sewage sludge
incinerators would be considered OSWI units (62 FR 1868, January 14,
1997; 63 FR 66087, December 1, 1998). However, as we discussed in the
preamble to the final OSWI rules and the response to comment document,
later notices conveyed the fact we intended to regulate sewage sludge
incinerators under section 112 of the CAA, not under section 129. As
early as April 2000, EPA indicated that it no longer intended to
regulate sewage sludge incinerators under CAA section 129:

    The Agency has decided not to regulate sewage sludge
incinerators as a category under section 129 of the Clean Air Act. *
* * The Agency believes that sewage sludge generated by publicly-
owned treatment works (POTWs) and combusted in SSI is ``solid
waste.'' However, this sludge is from a municipal source, and not
from ``commercial or industrial establishments or the general
public.'' Therefore, SSIs that combust this sludge are not ``solid
waste incineration units'' and section 129 does not apply to them.
Virtually all of the SSIs that would be candidates for regulation
combust sludge from POTWs and, thus are not covered under section
129.

Unified Agenda, (65 FR 23459-01, April 24, 2000).
    EPA's intent to regulate these sources under CAA section 112 was
also made clear when sewage sludge incinerators were included as an
additional area source category listed pursuant to CAA sections
112(c)(3) and 112(k)(3)(B)(ii) (67 FR 43113, June 26, 2002). In
addition, in previous regulatory activities, EPA was unable to identify
any sewage sludge incinerators that were major sources (see 67 FR 6521,
February 12, 2002). As discussed fully in the preamble to the final
OSWI rules and the supporting response to comment document, the
language of CAA section 129(h) makes clear the Congressional intent for
CAA regulations under section 129 or section 112 to be mutually
exclusive. Accordingly, source categories regulated by CAA section 112
may not also be subject to a CAA section 129 regulation.
    However, we acknowledge that neither the April 2000 nor the June
2002 notice was a final regulatory action, and that no opportunity for
public comment was available following either publication. Furthermore,
as we did not discuss our intent to regulate sewage sludge incinerators
under CAA section 112 in the proposed OSWI rules notice, we accept that
we have not offered opportunity for comment on this issue. Therefore,
we are granting reconsideration of, and requesting comment on, the
issue of excluding sewage sludge incinerators from regulation under CAA
section 129 under the OSWI rules.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and;
therefore, subject to review by OMB and the requirements of the
Executive Order. The Executive Order defines ``significant regulatory
action'' as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
    (2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
    It has been determined that this notice of reconsideration is not a
``significant regulatory action'' under the terms of

Executive Order 12866 and is therefore not subject to OMB review.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
We are not proposing any new paperwork as part of today's notice. With
this action, we are seeking public comments on an issue raised in a
petition for reconsideration of the OSWI rule. The Office of Management
and Budget has previously approved the information collection
requirements contained in the existing regulations (40 CFR part 60,
subparts EEEE and FFFF) under the provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. and has assigned OMB control number 2060-
0563 and EPA ICR No. 2163.02 for subpart EEEE, and OMB control number
2060-0562 and EPA ICR No. 2164.02 for subpart FFFF. A copy of the OMB
approved Information Collection Requests (ICR), may be obtained from
Susan Auby, Collection Strategies Division, U.S. EPA (2822T), 1200
Pennsylvania Avenue, NW., Washington, DC 20460, by e-mail at
<EMAIL_ADDRESS>or by calling<PHONE_NUMBER>.

    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
    For purposes of assessing the impacts of the final rules on small
entities, small entity is defined as follows:
    1. A small business that is an ultimate parent entity in the
regulated industry that has a gross annual revenue less than $6.0
million (this varies by industry category, ranging up to $10.5 million
for North American Industrial Classification System (NAICS) code 562213
(very small municipal waste combustors)), based on Small Business
Administration's size standards;
    2. A small governmental jurisdiction that is a government of a
city, county, town, school district or special district with a
population of less than 50,000; or
    3. A small organization that is any not-for-profit enterprise that
is independently owned and operated and is not dominant in its field.
    After considering the economic impact of today's notice of
reconsideration on small entities, I certify that this action will not
have a significant economic impact on a substantial number of small
entities. This action does not propose any changes to the final OSWI
rule and will not impose any requirements on small entities. EPA has
determined that it is not necessary to prepare a regulatory flexibility
analysis in connection with this reconsideration notice.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act (UMRA) of 1995, Public
Law 104-4, establishes requirements for Federal Agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and Tribal governments, in
the aggregate, or by the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if EPA
publishes with the final rule an explanation why that alternative was
not adopted.
    Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including Tribal
governments, EPA must have developed, under section 203 of the UMRA, a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA's regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
    EPA has determined that this notice of reconsideration does not
contain a Federal mandate that may result in expenditures of $100
million or more for State, local, and Tribal governments, in the
aggregate, or the private sector in any one year. We are not proposing
to change the final OSWI rule. Thus, today's notice of reconsideration
is not subject to the requirements of section 202 and 205 of the UMRA.
In addition, EPA has determined that the notice of reconsideration
contains no regulatory requirements that might significantly or
uniquely affect small governments. Therefore, the notice of
reconsideration is not subject to the requirements of section 203 of
the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999), requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have Federalism implications.'' ``Policies that have
Federalism implications'' is defined in the Executive Order to include
regulations that have ``substantial direct effects on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among various levels of
government.''
    This notice of reconsideration does not have Federalism
implications. It will not have substantial direct effects on the
States, on the relationship between the national Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132.
The notice of reconsideration will not impose direct compliance costs
on State or local governments, and will not

preempt State law. Thus, Executive Order 13132 does not apply to
today's notice of reconsideration.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by Tribal officials in the development of regulatory
policies that have Tribal implications.'' ``Policies that have Tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on relationship between the
Federal Government and the Indian tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
tribes.''
    This notice of reconsideration does not have Tribal implications,
as specified in Executive Order 13175. It will not have substantial
direct effects on Tribal governments, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified in Executive Order 13175. Thus, Executive Order 13175 does
not apply to this notice of reconsideration.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    Executive Order 13045 (62 FR 19885, April 23, 1997), applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, EPA must evaluate the environmental health or safety
effects of the planned rule on children, and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives EPA considered.
    EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. This notice of
reconsideration is not subject to Executive Order 13045 because it is
not economically significant, and the original OSWI rules were based on
technology performance and not on health and safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use

    This notice of reconsideration is not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, and Use'' (66 FR 28355, May 22, 2001)
because it is not a significant regulatory action under Executive Order
12866.

I. National Technology Transfer Advancement Act

    CAA section 12(d) of the National Technology Transfer and
Advancement Act (NTTAA) of 1995 (Pub. L. 104-113; 15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in their regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, business practices) developed or adopted by one or more
voluntary consensus bodies. The NTTAA directs EPA to provide Congress,
through annual reports to OMB, with explanations when an agency does
not use available and applicable voluntary consensus standards.
    This notice of reconsideration does not involve technical
standards. EPA's compliance with section 12(d) of the NTTAA has been
addressed in the preamble of the underlying final OSWI rule. (70 FR
74891, December 16, 2005)

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.

    Dated: June 20, 2006.
Stephen L. Johnson,
Administrator.
 [FR Doc. E6-10095 Filed 6-27-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: January 9, 2006 (Volume 71, Number 5)]
[Notices]
[Page 1422-1424]
[DOCID:fr09ja06-28]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

December 29, 2005.
    Take notice that the Commission received the following electric
rate filings.

    Docket Numbers: ER01-2562-004.
    Applicants: Competitive Energy Services, LLC.
    Description: Competitive Energy Services, LLC submits its revised
market-based rate tariff as instructed in Appendix B of the order on
updated market power analyses.
    Filed Date: 12/21/2005.
    Accession Number: 20051227-0188.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 11, 2006.

    Docket Numbers: ER05-1502-002.
    Applicants: California Independent System Operator.
    Description: California Independent System Operator Corp submits
its compliance filing to Commission's 11/21/05 Order.
    Filed Date: 12/21/2005.
    Accession Number: 20051223-0018.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 11, 2006.

    Docket Numbers: ER05-938-003.
    Applicants: Southern Company Services, Inc.
    Description: Southern Company Services, Inc submits the Compliance
Refund Report pursuant to the Commission's letter order dated 12/2/05.
    Filed Date: 12/21/2005.
    Accession Number: 20051223-0007.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 11, 2006.

    Docket Numbers: ER06-27-001.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc

submits proposed revisions to its Open Access Transmission and Energy
Markets Tariff, FERC Electric Tariff, Third Revised Volume No. 1 etc.
    Filed Date: 12/21/2005.
    Accession Number: 20051223-0008.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 11, 2006.

    Docket Numbers: ER06-33-000.
    Applicants: Pacific Gas & Electric Company.
    Description: Pacific Gas & Electric Co submits proposed revisions
to Rate Schedule No. 208 for the Reliability Must-Run Service Agreement
with CASIO.
    Filed Date: 12/21/2005.
    Accession Number: 20051227-0249.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 11, 2006.

    Docket Numbers: ER06-351-000.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Co submits amended sheets to
the IOA between APS and Gila River which is designated as Service
Agreement No. 174 under its FERC Electric Tariff, Volume No. 2 et al.
    Filed Date: 12/21/2005.
    Accession Number: 20051223-0041.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 11, 2006.

    Docket Numbers: ER06-353-000.
    Applicants: Duke Energy Corporation.
    Description: Duke Energy Corp, on behalf of Duke Electric
Transmission submits an executed Network Integration Service Agreement
for Network Integration Transmission Service with Piedmont Municipal
Power Agency.
    Filed Date: 12/21/2005.
    Accession Number: 20051223-0016.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 11, 2006.

    Docket Numbers: ER06-355-000.
    Applicants: South Carolina Electric & Gas Corporation.
    Description: South Carolina Electric & Gas Co submits an Open
Access Transmission Tariff by including Appendix 7 as an amendment to
the OATT's Large Generator Interconnection Procedures etc.
    Filed Date: 12/21/2005.
    Accession Number: 20051223-0021.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 11, 2006.

    Docket Numbers: ER06-356-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits its proposed revisions to the Midwest ISO's Open Access
Transmission and Energy Markets Tariff, FERC Electric Tariff, Third
Revised Volume No. 1 etc.
    Filed Date: 12/21/2005.
    Accession Number: 20051223-0022.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 11, 2006.

    Docket Numbers: ER06-357-000.
    Applicants: Cleco Marketing & Trading LLC.
    Description: Cleco Marketing & Trading, LLC submits a notice of
termination of its market-based wholesale sales rate schedule, FERC
Electric Rate Schedule No. 1.
    Filed Date: 12/22/2005.
    Accession Number: 20051223-0056.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 12, 2006.

    Docket Numbers: ER06-358-000.
    Applicants: American Electric Power Service Corporation.
    Description: American Electric Power Service Corp agent for
Kentucky Power Co submits a cost-based formula rate agreement for full
requirements electric service ( including Appendices A through D) with
the City of Olive Hill, KY.
    Filed Date: 12/22/2005.
    Accession Number: 20051227-0194.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 12, 2006.

    Docket Numbers: ER06-359-000.
    Applicants: Xcel Energy Operating Companies.
    Description: Xcel Energy submits the Fifth Revised Sheet Nos. 48-56
to the Restated Agreement to Coordinate Planning and Operations and
Interchange Power and Energy w/ Northern States Power Co.
    Filed Date: 12/22/2005.
    Accession Number: 20051227-0195.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 12, 2006.

    Docket Numbers: ER06-360-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits the unexecuted Service Agreement for Sioux Falls Municipal
Light & Power Department.
    Filed Date: 12/22/2005.
    Accession Number: 20051227-0191.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 12, 2006.

    Docket Numbers: ER06-361-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission Operator, Inc submits
the unexecuted Service Agreement for Truman Public Utilities.
    Filed Date: 12/22/2005.
    Accession Number: 20051227-0196.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 12, 2006.

    Docket Numbers: ER06-362-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits the unexecuted Service Agreement for the University of North
Dakota--Facilities.
    Filed Date: 12/22/2005.
    Accession Number: 20051227-0192.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 12, 2006.

    Docket Numbers: ER06-363-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits the unexecuted Service Agreement for East Grand Forks Water &
Light Department.
    Filed Date: 12/22/2005.
    Accession Number: 20051227-0193.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 12, 2006.

    Docket Numbers: ER06-364-000.
    Applicants: Trans-Elect NTD Path 15, LLC.
    Description: Trans-Elect NTD Path 15, LLC submits First Revised
Sheet No. 16 to FERC Electric Tariff, Original Volume No.1.
    Filed Date: 12/21/2005.
    Accession Number: 20051227-0190.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 11, 2006.

    Docket Numbers: ER06-365-000.
    Applicants: Entergy Services, Inc.
    Description: Entergy Services, Inc as agent for Entergy Operating
Companies submits unexecuted Network Operating Agreements etc with City
of Conway, Arkansas & the City of West Memphis, Arkansas.
    Filed Date: 12/22/2005.
    Accession Number: 20051227-0197.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 12, 2006.

    Docket Numbers: ER06-366-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
et al submits revisions to Schedule 23 to its Open Access Transmission
and Energy Markets Tariff.
    Filed Date: 12/22/2005.
    Accession Number: 20051227-0189.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 12, 2006.

    Docket Numbers: ER06-371-000.
    Applicants: Avista Corporation.
    Description: Avista Corporation submits Rate Schedule FERC No. 227
an Interconnection & Transmission Service Agreement with Public Utility
District No. 1 of Chelan County, Washington.
    Filed Date: 12/22/2005.
    Accession Number: 20051227-0221.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 12, 2006.

    Docket Numbers: ER06-372-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits an unexecuted Attachment 2--Form of Schedule 23 Service
Agreement on behalf of Granite Falls Municipal Utilities.
    Filed Date: 12/22/2005.
    Accession Number: 20051228-0062.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 12, 2006.

    Docket Numbers: ER06-373-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest ISO submits on behalf of East River Electric
Power Cooperative unexecuted copies of Attachment 2--Form of Schedule
23 Service Agreement.
    Filed Date: 12/22/2005.
    Accession Number: 20051228-0064.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 12, 2006.

    Docket Numbers: ER06-374-000.
    Applicants: MidAmerican Energy Company.
    Description: MidAmerican Energy Co submits its Open Access
Transmission Tariff for compliance with Order 661 and 661-A.
    Filed Date: 12/22/2005.
    Accession Number: 20051228-0063.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 12, 2006.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and Sec.
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other and the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-55 Filed 1-6-06; 8:45 am]

BILLING CODE 6717-01-P