[Federal Register Volume 79, Number 225 (Friday, November 21, 2014)]
[Notices]
[Pages 69451-69453]
[FR Doc No: 2014-27611]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP14-545-000]

Texas Eastern Transmission, LP; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Bailey East Mine Panel 2l
Project and Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Bailey East Mine Panel 2L
Project in Docket No. CP14-545-000 (project). The project involves the
excavation, abandonment, replacement, temporary elevation, and reburial
of pipeline facilities currently operated by Texas Eastern
Transmission, LP (Texas Eastern) in Greene County, Pennsylvania to
facilitate the underground longwall mining of coal. The Commission will
use this EA in its decision-making process to determine whether the
project is in the public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. Your input will help the Commission staff
determine what issues they need to evaluate in the EA. Please note that
the scoping period will close on December 17, 2014.
    You may submit comments in written form. The details on how to
submit written comments are in the Public Participation section of this
notice.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of the proposed
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of a temporary
easement to abandon, replace, elevate and monitor the proposed
activities. The company would seek to negotiate a mutually acceptable
agreement. However, if the Commission approves the project, that
approval conveys with it the right of eminent domain. Therefore, if
easement negotiations fail to produce an agreement, the pipeline
company could initiate condemnation proceedings where compensation
would be determined in accordance with state law.
    Texas Eastern provided landowners with a fact sheet prepared by the
FERC entitled ``An Interstate Natural Gas Facility On My Land? What Do
I Need To Know?'' This fact sheet addresses a number of typically-asked
questions, including the use of eminent domain and how to participate
in the Commission's proceedings. It is also available for viewing on
the FERC Web site (www.ferc.gov).

Summary of the Proposed Project

    Texas Eastern is seeking authorization from the FERC pursuant to
Sections 7(b) and 7(c) of the Natural Gas Act for the project, which
includes work to be performed for the planned longwall coal mining
activities of CONSOL Energy, Inc. (CONSOL) in Panel 2L of its Bailey
East Mine. Texas Eastern designed the project to ensure the safe and
efficient operation of its existing pipeline facilities at their
certificated design capacities during the planned longwall mining
activities which include mining coal below the pipelines and then
allowing the mine roof to collapse after removing the mine braces.
    Texas Eastern proposes to excavate and elevate sections of Lines
10, 15, and 25 totaling about 7,726 feet in length over Panel 2L to
monitor and mitigate potential strains and stresses on these pipeline
sections. Texas Eastern would also replace with like-diameter pipeline
the excavated segments of Lines 10, 15, and 25 during pipe elevation.
Also,

Texas Eastern would conduct maintenance on Line 30 and would install a
temporary 2,735-foot-long section of pipeline above-ground to ensure
continued service from Line 30 during mining.
    The four mainline segments would remain elevated using sandbags and
skids for about 2 years until the longwall mining activities have been
completed and the area is allowed time to settle. During the actual
subsidence event, all segments would be monitored with strain gauges,
and adjustments to sandbags and skids would be made, as necessary, to
minimize pipeline stresses. After mining and allowing for a settlement
period, the pipelines would be reburied within Texas Eastern's existing
easements.
    The general location of the project facilities is shown in appendix
1.\1\
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    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called ``eLibrary'' or from the Commission's Public
Reference Room, 888 First Street NE., Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.
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Land Requirements for Construction

    The project would disturb about 34.0 acres of land for the
excavation, abandonment, replacement, elevation, and reburial at the
CONSOL mine, most of which consists of existing previously disturbed
easements. The acreages include permanent and temporary construction
right-of-way, access roads, and wareyard. Following pipeline reburial
and restoration, Texas Eastern would continue to maintain its existing
9.8 acres of easement at the CONSOL mine for the continued permanent
operation of its pipelines; the remaining acreage would be restored and
allowed to revert to former uses.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\2\ to discover and address concerns the public may have about
proposals. This process is referred to as ``scoping.'' The main goal of
the scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. We will
consider all filed comments during the preparation of the EA.
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    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
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    In the EA we will discuss impacts that could occur as a result of
the excavation, abandonment, replacement, temporary elevation, and
reburial of Texas Eastern's existing pipeline facilities under these
general headings:
     Geology and soils;
     land use;
     water resources, fisheries, and wetlands;
     cultural resources;
     vegetation and wildlife;
     air quality and noise;
     endangered and threatened species;
     public safety; and
     cumulative impacts.
    We will also evaluate reasonable alternatives to the proposed
project or portions of the project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. Depending on
the comments received during the scoping process, we may also publish
and distribute the EA to the public for an allotted comment period. We
will consider all comments on the EA before making our recommendations
to the Commission. To ensure we have the opportunity to consider and
address your comments, please carefully follow the instructions in the
Public Participation section beginning on page 5.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues of
this project to formally cooperate with us in the preparation of the
EA.\3\ Agencies that would like to request cooperating agency status
should follow the instructions for filing comments provided under the
Public Participation section of this notice.
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    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
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Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the Pennsylvania State Historic Preservation Office (SHPO), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the project's potential effects on
historic properties.\4\ We will define the project-specific Area of
Potential Effects (APE) in consultation with the SHPO as the project
develops. On natural gas facility project, the APE at a minimum
encompasses all areas subject to ground disturbance (examples include
construction right-of-way, contractor/pipe storage yards, compressor
stations, and access roads). Our EA for this project will document our
findings on the impacts on historic properties and summarize the status
of consultations under section 106.
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    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send your comments so
that the Commission receives them in Washington, DC on or before
December 17, 2014.
    For your convenience, there are three methods which you can use to
submit your comments to the Commission. In all instances please
reference the appropriate project docket number (CP14-545-000) with
your submission. The Commission encourages electronic filing of
comments and has expert staff available to assist you at<PHONE_NUMBER>
or<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for interested persons to
submit brief, text-only comments on a project;
    (2) You can file your comments electronically using the eFiling
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or

    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
proposed project.
    If we publish and distribute the EA, copies will be sent to the
environmental mailing list for public review and comment. If you would
prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (appendix 2).

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are in
the User's Guide under the ``e-filing'' link on the Commission's Web
site.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site at www.ferc.gov using the ``eLibrary'' link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., CP14-
545). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

 Kimberly D. Bose,
 Secretary.
[FR Doc. 2014-27611 Filed 11-20-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 223 (Thursday, November 19, 2015)]
[Notices]
[Pages 72458-72460]
[FR Doc No: 2015-29489]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76437; File No. SR-ICC-2015-018]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Revise
ICC End-of-Day Price Discovery Policies and Procedures

November 13, 2015.
    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 5, 2015, ICE Clear Credit LLC (``ICC'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I, II, and III below, which Items have
been prepared primarily by ICC. ICC filed the proposed rule change
pursuant to Section 19(b)(3)(A) of the

Act,\3\ and Rule 19b-4(f)(4)(i) \4\ thereunder, so that the proposal
was effective upon filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(4)(i).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The principal purpose of the proposed rule change is to revise the
ICC End-of-Day Price Discovery Policies and Procedures to accommodate
industry changes regarding the reduction of the frequency for which
Single Name (``SN'') credit default swap (``CDS'') contracts roll to
the new on-the-run-contract. These revisions do not require any changes
to the ICC Clearing Rules.

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

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

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

1. Purpose
    ICC proposes revising the ICC End-of-Day Price Discovery Policies
and Procedures to accommodate industry changes regarding the reduction
of the frequency for which SN CDS contracts roll to the new on-the-run-
contract. The changes affect the labeling convention for cleared SN CDS
contracts for price reporting purposes, but will not alter the terms of
the contracts or the range of tenors of SN CDS contracts currently
cleared by ICC.
    ICC believes such revisions will facilitate the prompt and accurate
clearance and settlement of securities transactions and derivative
agreements, contracts, and transactions cleared by ICC. The proposed
revisions are described in detail as follows.
    As part of ICC's end-of-day price discovery process, ICC Clearing
Participants (``CPs'') are required to submit end-of-day prices for
specific instruments related to their open interest at ICC, in
accordance with Rule 404(b) and ICC Procedures. These end-of-day price
submissions are used by ICC in its calculation of settlement prices.
    ICC refers to a group of SN instruments with the same risk sub-
factor and coupon as a ``curve.'' Each point, or tenor, along the curve
is labeled with a tenor name. Currently for SN instruments, the market
convention is to describe tenors based on the period remaining until
the scheduled termination date of the contract. Under this convention,
the nearest-to-expiring contract is referred to as the 0M tenor, the
next nearest to expiring is referred to as the three month (3M) tenor,
and so on (with scheduled termination dates spaced at 3 month
intervals), up to ten years (10Y). ICC supports the clearing of all 41
SN tenors from 0M to 10Y. As such, ICC also calculates settlement
prices for the 41 SN tenors on the curve. However, ICC defines a subset
of the 41 tenors as ``benchmark-tenors'', which are tenors for which
CPs provide submissions in the end-of-day price discovery process. The
nine benchmark tenors are 0M, 6M, 1Y, 2Y, 3Y, 4Y, 5Y, 7Y, and 10Y,
which correspond to so-called ``on-the-run'' contracts.
    Currently, as a matter of CDS market practice, the ``on-the-run''
contract for a particular tenor is the contract expiring on the next
following quarterly International Money Market (``IMM'') dates (i.e.,
March 20, June 20, September 20 and December 20) for the relevant year.
For example, the SN CDS contract expiring December 20, 2020 will be
considered the five-year ``on-the-run'' contract until December 20,
2015, from which time the contract expiring March 20, 2021 will be
viewed as the 5Y ``on-the-run'' contract, until the next quarterly roll
date, etc. Accordingly, market participants seeking to maintain
exposure at a particular CDS tenor will typically ``roll'' SN CDS
contracts into the new ``on-the-run'' contract (i.e., terminate
positions in the old on-the-run contract and establish positions in the
new on-the-run contract) on a quarterly basis on the IMM dates. To
account for this practice, at each quarterly roll date, ICC re-labeled
the 41 SN tenors to reflect the rolling and expiration of contracts.
    The CDS industry has proposed reducing the frequency at which SN
CDS contracts roll to the new on-the-run contract. Specifically, the
CDS industry has proposed moving from quarterly roll dates to semi-
annual roll dates for SN CDS contracts. Under the revised approach,
market participants are expected to roll SN CDS contracts only on the
March 20 and September 20 IMM dates, and the ``on-the-run'' contracts
will be determined based on the next following June 20 and December 20
expiration dates. As a result, a particular contract tenor will
generally remain the on-the-run contract for six months, rather than
three.
    ICC proposes changes to its End-of-Day Price Discovery Policies and
Procedures to accommodate the change in roll frequency for on-the-run
contracts. Under the revised policy, ICC will re-label scheduled
termination dates with benchmark tenor names every six months, on the
March 20 and September 20 IMM dates for CDS contracts (i.e., the on-
the-run roll dates). The re-labeling is based on the remaining time to
maturity that will apply to a given scheduled termination date on the
next quarterly IMM date (i.e. the next December 20 or June 20 standard
maturity date). Upon the semi-annual re-labeling, the nearest to
maturity contract is referred to as the 0M tenor, and the tenor label
for each longer-date contract is based on that contract's time to
maturity relative to the scheduled termination date labeled as the 0M
tenor.
    The new nine benchmark tenors will be the 0/3M, 6M, 1Y, 2Y, 3Y, 4Y,
5Y, 7Y and 10Y, which correspond to the on-the-run contracts for those
tenors. Eight of the nine benchmark tenors remain constant and refer to
individual scheduled termination dates that are fixed for the six-month
periods between semi-annual re-labeling, specifically the 6M, 1Y, 2Y,
3Y, 4Y, 5Y, 7Y, and 10Y. However, the 0M tenor matures three months
after a semi-annual labeling, and ICC defines the first (shortest-
dated) benchmark tenor as the 0M tenor from a semi-annual re-labeling
until the maturity of that tenor, and defines the first benchmark tenor
as the 3M tenor from the maturity of the 0M tenor through the next
semi-annual re-labeling. The label 0/3M tenor refers to this re-mapping
of the first benchmark tenor to different IMM dates on a quarterly
basis. Throughout the policy, references to the 0M SN tenor has been
updated to 0/3M to reflect this change.
    Consistent with the approach being taken throughout the CDS market,
the changes to accommodate the change in SN roll frequency will take
effect with the December 20, 2015 roll.
2. Statutory Basis
    Section 17A(b)(3)(F) of the Act \5\ requires, among other things,
that the

rules of a clearing agency be designed to promote the prompt and
accurate clearance and settlement of securities transactions, and to
the extent applicable, derivative agreements, contracts and
transactions and to comply with the provisions of the Act and the rules
and regulations thereunder. ICC believes that the proposed rule changes
are consistent with the requirements of the Act and the rules and
regulations thereunder applicable to ICC, in particular, to Section
17(A)(b)(3)(F).\6\ The proposed rule changes will facilitate the prompt
and accurate clearance and settlement of securities transactions and
derivatives agreements, contracts, and transactions, as the proposed
revisions accommodate industry changes regarding the reduction of the
frequency for which SN CDS contracts roll to the new on-the-run
contract. The proposed amendments to the End-of-Day Price Discovery
Policies and Procedures will thus enable ICC to appropriately complete
its end of day price discovery process in light of such industry
changes. The completion of ICC's end of day price discovery process
allows ICC to provide reliable, market-driven prices for its CDS
instruments. As such, the proposed changes are designed to promote the
prompt and accurate clearance and settlement of securities
transactions, derivatives agreements, contracts, and transactions
within the meaning of Section 17A(b)(3)(F) \7\ of the Act.
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    \5\ 15 U.S.C. 78q-1(b)(3)(F).
    \6\ Id.
    \7\ Id.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    ICC does not believe the proposed rule changes would have any
impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
changes are designed to accommodate industry changes regarding the
reduction of the frequency for which SN CDS contracts roll to the new
on-the-run-contract, and will apply uniformly across all market
participants. ICC is not changing the products or tenors of SN CDS
offered, and does not believe that the amendments will adversely affect
access to clearing or the cost of clearing for CPs or other market
participants. Therefore, ICC does not believe the proposed rule changes
impose any burden on competition that is inappropriate in furtherance
of the purposes of the Act.

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

    Written comments relating to the proposed rule change have not been
solicited or received. ICC will notify the Commission of any written
comments received by ICC.

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

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A) \8\ of the Act and Rule 19b-4(f)(4)(i)
thereunder, as the amendments effect a change in an existing service of
a registered clearing agency that does not adversely affect the
safeguarding of securities or funds in the custody or control of the
clearing agency or for which it is responsible and does not
significantly affect the respective rights or obligations of the
clearing agency or persons using the service, within the meaning of
Rule 19b-4(f)(4)(i). 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
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
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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-ICC-2015-018 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-ICC-2015-018. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filings will also be available
for inspection and copying at the principal office of ICE Clear Credit
and on ICE Clear Credit's Web site at https://www.theice.com/clear-credit/regulation.
    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-ICC-2015-018
and should be submitted on or before December 10, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-29489 Filed 11-18-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Notices]
[Page 94362]
[FR Doc No: 2016-30980]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ17-6-000]

City of Banning, California; Notice of Filing

    Take notice that on December 8, 2016, the City of Banning,
California submitted its tariff filing: City of Banning, California
2017 Transmission Revenue Balancing Account Adjustment/Existing
Transmission Contracts Update to be effective 1/1/2017.
    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 5 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 electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
``eSubscription'' link on the Web site that enables subscribers to
receive email notification when a document is added to a subscribed
docket(s). For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on December 29, 2016.

    Dated: December 19, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-30980 Filed 12-22-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 129 (Wednesday, July 6, 2011)]
[Rules and Regulations]
[Pages 39251-39254]
[FR Doc No: 2011-15990]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1203; Directorate Identifier 2010-NM-168-AD;
Amendment 39-16738; AD 2011-14-03]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model DC-9-81 (MD-
81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD requires repetitive inspections for
cracking of the left and right upper center skin panels of the
horizontal stabilizer, and corrective action if necessary. This AD was
prompted by a report of a crack found in the upper center skin panel at
the aft inboard corner of a right horizontal stabilizer. We are issuing
this AD to detect and correct cracks in the horizontal stabilizer upper
center skin panel. Uncorrected cracks might ultimately lead to the loss
of overall structural integrity of the horizontal stabilizer.

DATES: This AD is effective August 10, 2011.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of August 10,
2011.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; phone:<PHONE_NUMBER>, extension 2; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. You may
review copies of the referenced

service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Roger Durbin, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
the specified products. That NPRM published in the Federal Register on
December 23, 2010 (75 FR 80744). That NPRM proposed to require
repetitive eddy current inspections--either (Option 1) two high
frequency eddy current (ETHF) scans and one low frequency eddy current
(ETLF) scan; or (Option 2) three ETHF scans--to detect cracking of the
right and left upper center skin panels of the horizontal stabilizer,
and replacing any cracked horizontal stabilizer upper center skin panel
with a serviceable panel.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
and the FAA's response to each comment.

Request To Clarify the Term ``Serviceable''

    Several commenters requested clarification of the term
``serviceable.''
    American Airlines stated that the term ``serviceable'' applies to
used and new aircraft parts. American commented that if a used skin
plank that has been determined to be serviceable has been installed,
then the part has accumulated fatigue damage and should be inspected
using the repetitive method and the interval used prior to
installation.
    Aeropostal Hangars stated that the word ``serviceable'' can be
associated with ``removed in serviceable condition'' from another
aircraft. The commenter stated that although the manufacturing
tolerances of fastener holes allow the installation of a removed panel
from one aircraft to another, it is not always possible considering
oversized fasteners, etc. We infer that this commenter wants us to
change paragraph (g)(2) of the NPRM to require replacement with a new,
rather than serviceable, skin panel assembly.
    We agree to change paragraph (g)(2) in this final rule to require
replacement with a new skin panel because it is not generally possible
to install a used skin panel assembly due to the difficulty in matching
drill holes and because the AD does not include a provision for
identifying and tracking the accumulated time on the used part. We
revised paragraph (g)(2) of this AD accordingly.

Request To Provide Options for Temporary Repairs

    Several commenters requested additional options for temporary
repairs of certain crack configurations rather than replacement of skin
panel assemblies before further flight.
    American Airlines stated that it has accomplished temporary
cracking repairs on 21 airplanes based on the manufacturer's
instructions and have not had any crack propagation from the repaired
parts. American stated that doing a temporary repair results in the
operation of a safe airplane, which can then be scheduled for permanent
repair at a time that causes the least disruption for the airline and
the flying public. This commenter requested that we allow temporary
repairs to a cracked skin panel assembly.
    Delta Airlines presumed that skin panel cracks likely were caused
by contributions from errors in removing or installing the skin panels
because of the way the skin panels overlap. Some of Delta's cracked
production skin panels were not adequately shimmed where cracks
occurred. This commenter cited evidence that trim-out skin panel
repairs would provide some reduction in stress concentration and allow
skin panels to remain in service until a planned opportunity to change
the panels occurs, which would reduce airplane out-of-service time.
Delta stated that trim-out repairs should be allowed on skin panels and
that the airplane should be allowed to stay in service until at least
the next heavy maintenance visit.
    Aeropostal Hangars stated that the finding of a crack in an in-
service revenue aircraft that is not allowed temporary repairs could
lead to a non-scheduled down time for the affected aircraft. We infer
that this commenter wants us to allow temporary repairs.
    We disagree. We have determined that it will be difficult to
evaluate the effect of all temporary repairs on safety, particularly
since other temporary repairs allowed on the aft horizontal skin panel
by AD 2007-10-04, Amendment 39-15045 (72 FR 25960, May 8, 2007), might
already be present. We stated in the NPRM that a crack in the upper
center skin panel might transfer the load to the upper aft skin panel,
which might result in the upper aft skin panel cracking before reaching
the existing inspection interval. Additionally, Aeropostal Hangars
provided no data or information that would show that temporary repairs
would provide an adequate level of safety.
    In this case, we have determined that the alternative method of
compliance (AMOC) process is more appropriate for temporary repair
approval. Under the provisions of paragraph (h) of this AD, we will
consider requests for approval of an AMOC if sufficient data are
submitted to substantiate that temporary repairs would provide an
acceptable level of safety. Early field data indicate that
substantially fewer center panel cracks than aft panel cracks will be
detected; therefore, the AMOC process should not represent a
substantial burden to operators. We have not changed this AD in this
regard.

Request To Replace Horizontal Stabilizer

    Several commenters requested the option of replacing the whole
horizontal stabilizer instead of replacing a cracked center skin panel
because replacing the stabilizer would require only a few days of
airplane out-of-service time instead of several weeks.
    We disagree. Horizontal stabilizer assemblies do not meet the
criteria for serialized, rotable life-limited parts. Further,
additional tracking information that is specific to a maintenance
facility might be needed to ensure that inspections are occurring at
the required times for swapped parts. However, under the provisions of
paragraph (h) of this AD, we will consider requests for approval of an
AMOC if sufficient data are submitted to substantiate that replacing
the whole horizontal stabilizer

instead of replacing a cracked center skin panel would provide an
acceptable level of safety. We have not changed this AD in this regard.

Request To Use Later Revisions of the Service Bulletin

    American Airlines requested that this proposed AD allow the use of
later revisions of the service bulletin. American stated that allowing
later versions would eliminate the need for AMOC approval for future
service bulletin revisions.
    We disagree. We cannot use the phrase, ``or later FAA-approved
revisions,'' in an AD when referring to the service document because
doing so violates Office of the Federal Register (OFR) policies for
approval of materials ``incorporated by reference.'' However, affected
operators may request approval to use a later revision as an AMOC with
this AD under the provisions of paragraph (h) of this AD. We have not
changed this AD in this regard.

Explanation of Change to Applicability

    We have revised the applicability of this AD to identify The Boeing
Company as the type certificate holder for the affected models.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We also determined that
these changes will not increase the economic burden on any operator or
increase the scope of the AD.

Costs of Compliance

    We estimate that this AD will affect 668 airplanes of U.S.
registry.
    We estimate the following costs to comply with this AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Action                         Labor cost           Parts cost     Cost per product                   Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection.........................  4 work-hours x $85 per hour           $0  $340 per inspection     $227,120 per inspection cycle.
                                      = $340 per inspection                     cycle.
                                      cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs that
would be required based on the results of the inspection. We have no
way of determining the number of aircraft that might need these
repairs.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                    Labor cost                 Parts cost    product
----------------------------------------------------------------------------------------------------------------
Group 1: Skin panel replacement...............  648 work-hours x $85 per hour =             $36,405      $91,485
                                                 $55,080.
Group 2: Skin panel replacement...............  648 work-hours x $85 per hour =              54,071      109,151
                                                 $55,080.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2011-14-03 The Boeing Company: Amendment 39-16738; Docket No. FAA-
2010-1203; Directorate Identifier 2010-NM-168-AD.

Effective Date

    (a) This AD is effective August 10, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all The Boeing Company Model DC-9-81 (MD-
81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87) and MD-88
airplanes, certificated in any category.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport
Association (ATA) of America Code 55: Stabilizers.

Unsafe Condition

    (e) This AD was prompted by a report of a crack found in the
upper center skin panel at the aft inboard corner of a right
horizontal stabilizer. We are issuing this AD to detect and correct
cracks in the horizontal stabilizer upper center skin panel.
Uncorrected cracks might ultimately lead to the loss of overall
structural integrity of the horizontal stabilizer.

Compliance

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

Inspections

    (g) Before the accumulation of 20,000 total flight cycles, or
within 4,379 flight cycles after the effective date of this AD,
whichever occurs later, do eddy current inspections to detect
cracking of the left and right upper center skin panels of the
horizontal stabilizer, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin MD80-55A068, dated
July 16, 2010.
    (1) If no crack is found during any inspection required by
paragraph (g) of this AD, repeat the applicable inspections
thereafter at the applicable times specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin MD80-55A068, dated
July 16, 2010.
    (2) If any crack is found during any inspection required by
paragraph (g) of this AD, before further flight, replace the skin
panel with a new skin panel, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin MD80-55A068, dated
July 16, 2010. Within 20,000 flight cycles after the replacement, do
eddy current inspections as required by paragraph (g) of this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Los Angeles Aircraft Certification Office
(ACO), 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) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Los Angeles ACO, to
make those findings. For a repair method to be approved, the repair
must meet the certification basis of the airplane and 14 CFR 25.571,
Amendment 45, and the approval must specifically refer to this AD.

Related Information

    (i) For more information about this AD, contact Roger Durbin,
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles
Aircraft Certification Office (ACO), 3960 Paramount Blvd., Lakewood,
California 90712-4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-
mail<EMAIL_ADDRESS>
Material Incorporated by Reference

    (j) You must use Boeing Alert Service Bulletin MD80-55A068,
dated July 16, 2010, to do the actions required by this AD, unless
the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; phone:<PHONE_NUMBER>, extension 2; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Internet: https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on June 16, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-15990 Filed 7-5-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Notices]
[Pages 75617-75618]
[FR Doc No: 2022-26774]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 15282-000]

White Rapids, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

    On July 6, 2022, White Rapids, LLC filed an application for a
preliminary permit, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of the Slater Hydroelectric Project
No. 15282 (project), to be located on the Blackstone River in
Providence County, Rhode Island. The sole purpose of a preliminary
permit, if issued, is to grant the permit holder priority to file a
license application during the permit term. A preliminary permit does
not authorize the permit holder to perform any land-disturbing
activities or otherwise enter upon lands or waters owned by others
without the owners' express permission.
    The proposed project would consist of the following: (1) an
existing stone masonry dam (Ashton Dam) that includes: (a) an
approximately 10-foot-long west abutment; (b) an approximately 250-
foot-long spillway that would be retrofitted to include a new crest
gate; (c) a 25-foot-long, 20-foot high gate structure with two 10-foot-
long, 10-foot-high openings; (d) a 40-foot-long spillway that would be
replaced with a new 40-foot-long, 60-foot-wide concrete powerhouse that
includes two 420-kilowatt Kaplan

turbine-generator units; and (e) an approximately 10-foot-long east
abutment; (2) an existing impoundment with a surface area of 35 acres
at an elevation of 74.0 feet national geodetic vertical datum of 1929;
(3) a new intake structure with a 70- to 100-foot-long angled trashrack
with 0.75-inch clear bar spacing; (4) two new 10-foot-long, 10-foot-
high steel headgates; (5) a new 40-foot-long, 60-foot-wide tailrace;
(6) a new 850-foot-long, 13.8-kilovolt transmission line connecting the
turbine-generator units to the regional grid; and (7) appurtenant
facilities. The estimated annual generation of the Slater Hydroelectric
Project would be 3,500 megawatt-hours.
    Applicant Contact: Mr. William Fay, White Rapids, LLC, 4145 Church
Street, P.O. Box 193, Palmer, Massachusetts 01079; phone: (413) 362-
5410; email: [email protected].
    FERC Contact: Erin Kimsey; phone:<PHONE_NUMBER>; email:
[email protected].
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at https://ferconline.ferc.gov/eFiling.aspx. Commenters can submit brief comments
up to 6,000 characters, without prior registration, using the eComment
system at https://ferconline.ferc.gov/QuickComment.aspx. You must
include your name and contact information at the end of your comments.
For assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). 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-15282-000.
    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://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.

    Dated: December 5, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-26774 Filed 12-8-22; 8:45 am]
BILLING CODE 6717-01-P