[Federal Register Volume 86, Number 159 (Friday, August 20, 2021)]
[Notices]
[Pages 46841-46843]
[FR Doc No: 2021-17898]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC21-114-000.
    Applicants: AES Corporation, Alberta Investment Management
Corporation, Valcour Wind Energy, LLC, Valcour Altona Windpark, LLC,
Valcour Bliss Windpark, LLC, Valcour Chateaugay Windpark, LLC, Valcour
Clinton Windpark, LLC, Valcour Ellenburg Windpark, LLC, Valcour
Wethersfield Windpark, LLC.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act of AES Corporation, et al.
    Filed Date: 8/13/21.
    Accession Number: 20210813-5251.
    Comment Date: 5 p.m. ET 9/3/21.

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

    Docket Numbers: EG21-220-000.
    Applicants: PGR 2021 Lessee 5, LLC.
    Description: Notice of Self-certification of Exempt Wholesale
Generator Status of PGR 2021 Lessee 5, LLC.
    Filed Date: 8/13/21.
    Accession Number: 20210813-5154.
    Comment Date: 5 p.m. ET 9/3/21.

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

    Docket Numbers: ER04-835-015.
    Applicants: California Independent System Operator Corporation,
Pacific Gas and Electric Company.
    Description: Petition for Approval of Uncontested Settlement
Agreement of California Independent System Operator Corporation, et al.
    Filed Date: 8/13/21.
    Accession Number: 20210813-5244.
    Comment Date: 5 p.m. ET 9/3/21.

    Docket Numbers: ER18-1639-012.
    Applicants: Constellation Mystic Power, LLC.
    Description: Compliance filing: Fifth Compliance Filing to be
effective 6/1/2022.
    Filed Date: 8/16/21.
    Accession Number: 20210816-5161.
    Comment Date: 5 p.m. ET 9/7/21.

    Docket Numbers: ER20-2364-002.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2021-08-16_SA 3512 Compliance
Filing NSP-NSP Sub FSA (J399) to be effective 7/7/2020.
    Filed Date: 8/16/21.
    Accession Number: 20210816-5155.
    Comment Date: 5 p.m. ET 9/7/21.

    Docket Numbers: ER20-2373-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2021-08-16_SA 3049 Compliance
Filing NSP-NSP Sub 1st Rev GIA (J399) to be effective 7/7/2020.
    Filed Date: 8/16/21.
    Accession Number: 20210816-5139.
    Comment Date: 5 p.m. ET 9/7/21.

    Docket Numbers: ER21-1858-002.
    Applicants: Northern States Power Company, a Minnesota corporation.
    Description: Tariff Amendment: CAPX2020-BRKGS-OMA-537-Supp Filing-
0.1.2 to be effective 10/12/2021.
    Filed Date: 8/13/21.
    Accession Number: 20210813-5148.
    Comment Date: 5 p.m. ET 9/3/21.

    Docket Numbers: ER21-2677-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2021-08-13_MISO and SPP Compliance
filing re Pseudo-Tie to be effective 3/31/2022.
    Filed Date: 8/13/21.
    Accession Number: 20210813-5145.
    Comment Date: 5 p.m. ET 9/3/21.

    Docket Numbers: ER21-2678-000.
    Applicants: Westlands Transmission, LLC.
    Description: Initial rate filing: Transmission Service Agreement
with Westlands Solar Blue, LLC to be effective 10/13/2021.
    Filed Date: 8/13/21.
    Accession Number: 20210813-5156.
    Comment Date: 5 p.m. ET 9/3/21.

    Docket Numbers: ER21-2679-000.
    Applicants: Westlands Transmission, LLC.

    Description: Initial rate filing: Transmission Service Agreement
with Westlands Grape, LLC to be effective 10/13/2021.
    Filed Date: 8/13/21.
    Accession Number: 20210813-5158.
    Comment Date: 5 p.m. ET 9/3/21.

    Docket Numbers: ER21-2680-000.
    Applicants: Westlands Transmission, LLC.
    Description: Initial rate filing: Transmission Service Agreement
with Chestnut Westside, LLC to be effective 10/13/2021.
    Filed Date: 8/13/21.
    Accession Number: 20210813-5168.
    Comment Date: 5 p.m. ET 9/3/21.

    Docket Numbers: ER21-2681-000.
    Applicants: Westlands Transmission, LLC.
    Description: Initial rate filing: Transmission Service Agreement
with Westlands Cherry, LLC to be effective 10/13/2021.
    Filed Date: 8/13/21.
    Accession Number: 20210813-5171.
    Comment Date: 5 p.m. ET 9/3/21.

    Docket Numbers: ER21-2682-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Amendment to Rate Schedule
FERC No. 250 to be effective 3/1/2021.
    Filed Date: 8/13/21.
    Accession Number: 20210813-5190.
    Comment Date: 5 p.m. ET 9/3/21.

    Docket Numbers: ER21-2683-000.
    Applicants: Avista Corporation.
    Description: Avista Corporation submits Average System Cost Filing
for Sales of Electric Power to the Bonneville Power Administration, FY
2022-2023.
    Filed Date: 8/12/21.
    Accession Number: 20210812-5189.
    Comment Date: 5 p.m. ET 9/2/21.

    Docket Numbers: ER21-2684-000.
    Applicants: NSTAR Electric Company.
    Description: Sec.  205(d) Rate Filing: Medway Grid, LLC--
Engineering, Design and Procurement Agreement to be effective 8/17/
2021.
    Filed Date: 8/16/21.
    Accession Number: 20210816-5039.
    Comment Date: 5 p.m. ET 9/7/21.

    Docket Numbers: ER21-2685-000.
    Applicants: AEP Texas Inc.
    Description: Sec.  205(d) Rate Filing: AEPTX-Sparta Solar 2nd A&R
Generation Interconnection Agreement to be effective 8/3/2021.
    Filed Date: 8/16/21.
    Accession Number: 20210816-5041.
    Comment Date: 5 p.m. ET 9/7/21.

    Docket Numbers: ER21-2686-000.
    Applicants: AEP Texas Inc.
    Description: Sec.  205(d) Rate Filing: AEPTX-Monte Alto I 3rd A&R
Generation Interconnection Agreement to be effective 8/3/2021.
    Filed Date: 8/16/21.
    Accession Number: 20210816-5049.
    Comment Date: 5 p.m. ET 9/7/21.

    Docket Numbers: ER21-2687-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, SA No. 6130;
Queue No. AG1-563 and Cancellation of SA No. 3503 to be effective 7/16/
2021.
    Filed Date: 8/16/21.
    Accession Number: 20210816-5088.
    Comment Date: 5 p.m. ET 9/7/21.

    Docket Numbers: ER21-2688-000.
    Applicants: American Electric Power Service Corporation, Ohio Power
Company, PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: American Electric Power
Service Corporation submits tariff filing per 35.13(a)(2)(iii: AEP
submits the Palmyra FA re: ILDSA SA No. 1336 to be effective 10/16/
2021.
    Filed Date: 8/16/21.
    Accession Number: 20210816-5089.
    Comment Date: 5 p.m. ET 9/7/21.

    Docket Numbers: ER21-2689-000.
    Applicants: Lick Creek Solar, LLC.
    Description: Baseline eTariff Filing: Lick Creek Solar, LLC MBR
Tariff to be effective 8/17/2021.
    Filed Date: 8/16/21.
    Accession Number: 20210816-5117.
    Comment Date: 5 p.m. ET 9/7/21.

    Docket Numbers: ER21-2690-000.
    Applicants: PGR 2021 Lessee 5, LLC.
    Description: Baseline eTariff Filing: PGR 2021 Lessee 5, LLC MBR
Tariff to be effective 8/17/2021.
    Filed Date: 8/16/21.
    Accession Number: 20210816-5119.
    Comment Date: 5 p.m. ET 9/7/21.

    Docket Numbers: ER21-2691-000.
    Applicants: Alabama Power Company.
    Description: Tariff Amendment: Origis Holdings USA Subco (Hammond
II Solar & Storage) LGIA Termination Filing to be effective 8/16/2021.
    Filed Date: 8/16/21.
    Accession Number: 20210816-5126.
    Comment Date: 5 p.m. ET 9/7/21.

    Docket Numbers: ER21-2692-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2021-08-16_TOA Affiliate
Sector Participation Framework to be effective 10/16/2021.
    Filed Date: 8/16/21.
    Accession Number: 20210816-5129.
    Comment Date: 5 p.m. ET 9/7/21.

    Docket Numbers: ER21-2693-000.
    Applicants: Midcontinent Independent System Operator, Inc., Entergy
Services, LLC.
    Description: Sec.  205(d) Rate Filing: Midcontinent Independent
System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii: 2021-
08-16_Entergy Att O Clean Up Filing to be effective 10/16/2021.
    Filed Date: 8/16/21.
    Accession Number: 20210816-5144.
    Comment Date: 5 p.m. ET 9/7/21.

    Docket Numbers: ER21-2694-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Third Revised ISA, SA No.
5481; Queue No. AF1-014 to be effective 7/16/2021.
    Filed Date: 8/16/21.
    Accession Number: 20210816-5154.
    Comment Date: 5 p.m. ET 9/7/21.

    Docket Numbers: ER21-2695-000.
    Applicants: Lincoln Land Wind, LLC.
    Description: Baseline eTariff Filing: Reactive Power Tariff
Application to be effective 11/1/2021.
    Filed Date: 8/16/21.
    Accession Number: 20210816-5163.
    Comment Date: 5 p.m. ET 9/7/21.

    Take notice that the Commission received the following electric
reliability filings:.

    Docket Numbers: RR21-7-000.
    Applicants: North American Electric Reliability Corporation.
    Description: Petition of the North American Electric Reliability
Corporation for Approval of Amendments to the Midwest Reliability
Organization Regional Reliability Standards Process Manual.
    Filed Date: 8/16/21.
    Accession Number: 20210816-5105.
    Comment Date: 5 p.m. ET 9/7/21.

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

    Dated: August 16, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-17898 Filed 8-19-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 9, 2010 (Volume 75, Number 152)]
[Notices]
[Page 47881-47882]
[DOCID:fr09au10-100]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Noise Exposure Map Notice, T.F.Green Airport, Warwick, RI

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its
determination that the noise exposure maps for T.F.Green Airport as
submitted by the Rhode Island Airport Corporation under the provisions
of Title I of the Aviation Safety and Noise Abatement Act of 1979 (Pub.
L. 96-193) and 14 CFR part 150, are in compliance with applicable
requirements.

DATES: Effective Date: The effective date of the FAA's determination on
the noise exposure maps is July 27, 2010.

FOR FURTHER INFORMATION CONTACT: Richard Doucette, Federal Aviation
Administration, New England Region, Airports Division, 12 New England
Executive Park, Burlington, Massachusetts 01803.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA finds
that the noise exposure maps submitted for T.F.Green Airport are in
compliance with applicable requirements of part 150, effective July 27,
2010.

    Under Section 103 of Title I of the Aviation Safety and Noise
Abatement Act of 1979 (hereinafter referred to as ``the Act''), an
airport operator may submit to the FAA noise exposure maps that meet
applicable regulations and that depict non-compatible land uses as of
the date of submission of such maps, a description of projected
aircraft operations, and the ways in which such operations will affect
such maps. The Act requires such maps to be developed in consultation
with interested and affected parties in the local community, government
agencies, and persons using the airport.
    An airport operator who has submitted such noise exposure maps that
are found by FAA to be in compliance with the requirements of Federal
Aviation Regulation (FAR) Part 150, promulgated pursuant to Title I of
the Act, may submit a noise compatibility program for FAA approval that
sets forth the measures the operator has taken, or proposes, for the
introduction of additional non-compatible uses.
    The FAA has completed its review of the noise exposure map and
related descriptions submitted by the Rhode Island Airport Corporation.
The specific maps under consideration were Figure 1 Existing Condition
(2010) Noise Exposure Map, Figure 2 Forecast Condition (2020 EIS No-
action) Noise Exposure Map, and Figure 3 Forecast Conditions (2020 EIS
Preferred Alternative) Noise Exposure Map in the submission. The FAA
has determined that these maps for T.F.Green Airport are in compliance
with applicable requirements. This determination is effective on July
27, 2010.
    FAA's determination on an airport operator's noise exposure maps is
limited to a finding that the maps were developed in accordance with
the procedures contained in Appendix A of FAR Part 150. Such
determination does not constitute approval of the applicant's data,
information or plans, or a commitment to approve a noise compatibility
program or to fund the implementation of that program.
    If questions arise concerning the precise relationship of specific
properties to noise exposure contours depicted on a noise exposure map
submitted under section 103 of the Act, it should be noted that the FAA
is not involved in any way in determining the relative locations of
specific properties with regard to the depicted noise contours, or in
interpreting the noise exposure maps to resolve questions concerning,
for example, which properties should be covered by the provisions of
section 107 of the Act. These functions are inseparable from the
ultimate land use control and planning responsibilities of local
government. These local responsibilities are not changed in any way
under part 150 or through FAA's review of a noise exposure map.
Therefore, the responsibility for the detailed overlaying of noise
exposure contours onto the map depicting properties on the surface
rests exclusively with the airport operator that submitted the map or
with those public agencies and planning agencies with which
consultation is required under section 103 of the Act. The FAA has
relied on the certification by the airport operator, under section
150.21 of FAR Part 150, that the statutorily required consultation has
been accomplished.
    Copies of the noise exposure maps and of the FAA's evaluation of
the maps are available for examination at the following locations:

Rhode Island Airport Corporation

T.F.Green Airport, 2000 Post Road, Warwick, RI 02886;
Or:
Federal Aviation Administration, New England Region, Airports Division,
12 New England Executive Park, Burlington, Massachusetts 01803.

    Questions may be directed to the individual named above under the
heading: FOR FURTHER INFORMATION CONTACT.

    Issued in Burlington, Massachusetts, on July 27, 2010.
LaVerne Francis Reid,
Manager, Airports Division.
[FR Doc. 2010-19611 Filed 8-6-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 168 (Monday, August 31, 2015)]
[Notices]
[Pages 52532-52534]
[FR Doc No: 2015-21402]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75754; File No. SR-BATS-2015-63]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related to
Fees for Use of BATS Exchange, Inc.

August 25, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 12, 2015, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') 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 by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change 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)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable
to Members \5\ and non-members of the Exchange pursuant to BATS Rules
15.1(a) and (c).
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    \5\ The term ``Member'' is defined as ``any registered broker or
dealer that has been admitted to membership in the Exchange.'' See
Exchange Rule 1.5(n).
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    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to modify the ``Options Pricing'' section of
its fee schedule, effective immediately, in order to modify pricing
charged by the Exchange's options platform (``BATS Options'')
including: (i) To add definitions of Broker Dealer, Joint Back Office,
and Non-BATS Market Maker; (ii) to update the definitions of Customer
and Market Maker; (iii) to make certain corresponding changes
associated with these new and updated definitions; and (iv) to create a
new Professional Penny Pilot Add Volume Tier.
    The Exchange is proposing to add the definitions of Broker Dealer,
Joint Back Office, and Non-BATS Market Maker to the BATS Options fee
schedule. More specifically, the Exchange is proposing to add the
following definitions: (i) ``Broker Dealer'' applies to any order for
the account of a broker dealer, including a foreign broker dealer, that
clears in the Customer range at the Options Clearing Corporation
(``OCC''); (ii) ``Joint Back Office'' applies to any transaction
identified by a Member for clearing in the Firm Range at the OCC that
is identified with an origin code as Joint Back Office. A Joint Back
Office participant is a Member that maintains a Joint Back Office
arrangement with a clearing broker-dealer; and (iii) ``Non-BATS Market
Maker'' applies to any transaction identified by a Member for clearing
in the Market Maker range at the OCC, where such Member is not
registered with the Exchange as a Market Maker, but is registered as a
market maker on another options exchange. In conjunction with the
proposed new defined terms above, the Exchange proposes to amend the
fee schedule in multiple places (including the Standard Rates and Fee
Codes and Associated Fees tables along with Footnotes 2, 3, 4, 6, 7,
and 8) such that pricing for Broker Dealer and Joint Back Office
transactions is the same as for Firm transactions and Non-BATS Market
Maker transactions is the same as Market Maker transactions. In certain
places, this includes using the term ``Non-Customer'' in order to
capture pricing that relates to Professional, Firm, Market Maker,
Broker Dealer, Joint Back Office, and Non-BATS Market Maker
transactions.
    In conjunction with these proposed additions, the Exchange is also
proposing to amend the current definitions of Customer, Market Maker,
and Firm on the BATS Options fee schedule. Currently, the fee schedule
states that ``Customer'' applies to any transaction identified by a
Member for clearing in the Customer range at the OCC, excluding any
transaction for a ``Professional'' as defined in Exchange Rule 16.1;
``Market Maker'' applies to any transaction identified by a Member for
clearing in the Market Maker range at the OCC; and ``Firm'' applies to
any transaction identified by a Member for clearing in the Firm range
at the OCC. In order to make these definitions work with proposed new
definitions for Broker Dealer, Non-BATS Market Maker, and Joint Back
Office described above, the Exchange is proposing that the definitions
should read as follows: (i) ``Customer'' applies to any transaction
identified by a Member for clearing in the Customer range at the

OCC, excluding any transaction for a Broker Dealer or a
``Professional'' as defined in Exchange Rule 16.1; (ii) ``Market
Maker'' applies to any transaction identified by a Member for clearing
in the Market Maker range at the OCC, where such Member is registered
with the Exchange as a Market Maker as defined in Rule 16.1(a)(37); and
(iii) ``Firm'' applies to any transaction identified by a Member for
clearing in the Firm range at the OCC, excluding any Joint Back office
transaction.
    Finally, the Exchange is proposing to add a new ``Professional
Penny Pilot Add Volume Tier''. Currently, Professional orders that add
liquidity in Penny Pilot Securities receive a standard $0.40 rebate.
Under the proposed new tier, a Member that has a combined ADAV \6\ in
Customer, as proposed to be defined above, and Professional \7\ orders
equal to or greater than 0.20% of average TCV \8\ would receive a $0.43
rebate per contract for each Professional order that adds liquidity in
Penny Pilot Securities.\9\
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    \6\ ``ADAV'' means average daily added volume calculated as the
number of contracts added per day.
    \7\ ``Professional'' applies to any transaction identified by a
Member as such pursuant to Exchange Rule 16.1.
    \8\ ``TCV'' means total consolidated volume calculated as the
volume reported by all exchanges to the consolidated transaction
reporting plan for the month for which the fees apply, excluding
volume on any day that the Exchange experiences an Exchange System
Disruption and on any day with a scheduled early market close.
    \9\ ``Penny Pilot Securities'' are those issues quoted pursuant
to Exchange Rule 21.5, Interpretation and Policy .01.
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Implementation Date
    As noted above, the Exchange proposes to implement the amendments
to its fee schedule effective immediately.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\10\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\11\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls. The Exchange notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels to be
excessive.
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    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(4).
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    Volume-based rebates and fees such as the ones currently maintained
on BATS Options have been widely adopted by equities and options
exchanges and are equitable because they are open to all Members on an
equal basis and provide additional benefits or discounts that are
reasonably related to the value to an exchange's market quality
associated with higher levels of market activity, such as higher levels
of liquidity provision and/or growth patterns, and introduction of
higher volumes of orders into the price and volume discovery processes.
    The Exchange believes that the proposed addition of the
Professional Penny Pilot Add Volume Tier is a reasonable, fair and
equitable, and not unfairly discriminatory allocation of fees and
rebates because it marks an increased rebate (from $0.40 per contract
to $0.43 per contract) available to all Members where the Member has a
combined ADAV in Customer and Professional orders equal to or greater
than 0.20% of average TCV. Such an increased rebate will provide
Members entering Professional orders with the opportunity to receive
higher rebates while simultaneously encouraging greater participation
on BATS Options in both Professional and Customer orders, which the
Exchange believes will result in higher levels of liquidity provision
and introduction of higher volumes of orders into the price and volume
discovery processes, which will benefit all participants on BATS
Options.
    The Exchange believes that the proposed additional definitions,
amendments to the existing definitions, and the corresponding changes
throughout the fee schedule represent a reasonable, fair and equitable,
and not unfairly discriminatory allocation of fees and rebates because
the amendments are designed to allow Members to more precisely mark the
capacity of orders entered on the Exchange. The proposed changes to the
definitions will not affect fees or rebates and the corresponding
changes are designed to make this clear. Further, the additional order
capacities will bring the Exchange generally in line with industry
standards and Member expectations, making the Exchange's pricing easier
to understand.
    The Exchange reiterates that it operates in a highly competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels to be excessive.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. With respect to the proposed
new Professional Penny Pilot Add Volume Tier, the Exchange does not
believe that the change burdens competition, but instead, that it
enhances competition, as it is intended to increase the competitiveness
of and draw additional volume to BATS Options.
    With respect to the proposed changes to the definitions and the
corresponding changes throughout the fee schedule, the Exchange does
not believe that any such changes burden competition, but instead, that
they enhance competition by bringing the Exchange's fee schedule and
capacities generally in line with industry standards which will make it
easier for Members to understand.
    As stated above, the Exchange notes that it operates in a highly
competitive market in which market participants can readily direct
order flow to competing venues if the deem fee structures to be
unreasonable or excessive.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \12\ and paragraph (f) of Rule 19b-4
thereunder.\13\ 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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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f).
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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 proposal 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 No. SR-BATS-2015-63 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 No. SR-BATS-2015-63. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing will also be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-BATS-2015-63 and should be
submitted on or before September 21, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-21402 Filed 8-28-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 145 (Thursday, July 28, 2016)]
[Notices]
[Page 49645]
[FR Doc No: 2016-17835]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

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

    Docket Numbers: ER16-1546-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Tariff Amendment: Deficiency Response in ER16-1546--
Arkansas Electric Coop. Corp. Formula Rate to be effective 7/1/2016.
    Filed Date: 7/21/16.
    Accession Number: 20160721-5088.
    Comments Due: 5 p.m. ET 8/11/16.

    Docket Numbers: ER16-2261-000.
    Applicants: The Connecticut Light and Power Company.
    Description: Section 205(d) Rate Filing: PSEG Power CT Engineering
Design Siting-Original Service Agreement No. IA-ES-35 to be effective
7/5/2016.
    Filed Date: 7/21/16.
    Accession Number: 20160721-5068.
    Comments Due: 5 p.m. ET 8/11/16.

    Docket Numbers: ER16-2262-000.
    Applicants: Public Service Company of Colorado.
    Description: Section 205(d) Rate Filing: PSCo CSU CO&M JF SS Agrmt
395 0.0.0 to be effective 9/20/2016.
    Filed Date: 7/21/16.
    Accession Number: 20160721-5075.
    Comments Due: 5 p.m. ET 8/11/16.

    Docket Numbers: ER16-2263-000.
    Applicants: Telysium Energy Marketing, LLC.
    Description: Baseline eTariff Filing: Telysium Energy Marketing,
LLC Market-Based Rate Tariff to be effective 7/30/2016.
    Filed Date: 7/21/16.
    Accession Number: 20160721-5087.
    Comments Due: 5 p.m. ET 8/11/16.

    Docket Numbers: ER16-2264-000.
    Applicants: Tampa Electric Company.
    Description: Compliance filing: Compliance Filing Under Order 827
to be effective 9/21/2016.
    Filed Date: 7/21/16.
    Accession Number: 20160721-5090.
    Comments Due: 5 p.m. ET 8/11/16.

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

    Dated: July 21, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-17835 Filed 7-27-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: June 30, 2010 (Volume 75, Number 125)]
[Rules and Regulations]
[Page 37734-37737]
[DOCID:fr30jn10-13]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2009-0179; FRL-8831-9]

Pasteuria usgae; Exemption from the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of the microbial pesticide, Pasteuria
usgae, in or on all food commodities when applied preharvest and used
as a nematicide in accordance with good agricultural practices.
MacIntosh and Associates Incorporated (on behalf of Pasteuria
Bioscience Incorporated) submitted a petition to EPA under the Federal
Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the
requirement of a tolerance. This regulation eliminates the need to
establish a maximum permissible level for residues of Pasteuria usgae.

DATES: This regulation is effective June 30, 2010. Objections and
requests for hearings must be received on or before August 30, 2010,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2009-0179. All documents in the
docket are listed in the docket index available at http://
www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal
Dr., Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jeannine Kausch, Biopesticides and
Pollution Prevention Division (7511P), Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. How Can I Get Electronic Access to Other Related Information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://
www.gpoaccess.gov/ecfr. To access the harmonized test guidelines
referenced in this document electronically, please go to http://
www.epa.gov/oppts and select ``Test Methods and Guidelines.''

C. How Can I File an Objection or Hearing Request?

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2009-0179 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
August 30, 2010. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket. Information not marked confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA without prior notice. Submit a copy of
your non-CBI objection or hearing request, identified by docket ID
number EPA-HQ-OPP-2009-0179, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: OPP Regulatory Public Docket (7502P), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.

II. Background and Statutory Findings

     In the Federal Register of April 8, 2009 (74 FR 15969) (FRL-8407-
6), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
petition (PP 9F7539) by MacIntosh and Associates Incorporated, 1203
Hartford Avenue, Saint Paul, MN 55116-1622 (on behalf of Pasteuria
Bioscience Incorporated, 12085 Research Drive, Suite 185, Alachua, FL
32615). The petition requested that 40 CFR part 180 be amended by
establishing an exemption from the requirement of a tolerance for
residues of Pasteuria usgae. This notice referenced a summary of the
petition prepared by the petitioner, MacIntosh and Associates
Incorporated (on behalf of Pasteuria Bioscience Incorporated), which is
available in the docket, http://www.regulations.gov. There were no
substantive comments received in response to the notice of filing.
    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA

defines ``safe'' to mean that ``there is a reasonable certainty that no
harm will result from aggregate exposure to the pesticide chemical
residue, including all anticipated dietary exposures and all other
exposures for which there is reliable information.'' This includes
exposure through drinking water and in residential settings, but does
not include occupational exposure. Pursuant to section 408(c)(2)(B) of
FFDCA, in establishing or maintaining in effect an exemption from the
requirement of a tolerance, EPA must take into account the factors set
forth in section 408(b)(2)(C) of FFDCA, which require EPA to give
special consideration to exposure of infants and children to the
pesticide chemical residue in establishing a tolerance and to ``ensure
that there is a reasonable certainty that no harm will result to
infants and children from aggregate exposure to the pesticide chemical
residue. . . .'' Additionally, section 408(b)(2)(D) of FFDCA requires
that the Agency consider ``available information concerning the
cumulative effects of [a particular pesticide's] residues and other
substances that have a common mechanism of toxicity.''
    EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. First, EPA determines the
toxicity of pesticides. Second, EPA examines exposure to the pesticide
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings.

III. Toxicological Profile

    Consistent with section 408(b)(2)(D) of FFDCA, EPA has reviewed the
available scientific data and other relevant information in support of
this action and considered its validity, completeness, and reliability
and the relationship of this information to human risk. EPA has also
considered available information concerning the variability of the
sensitivities of major identifiable subgroups of consumers, including
infants and children.
     Pasteuria, a genus of bacteria, includes a number of species that
have shown potential in controlling plant-parasitic nematodes. These
bacteria are obligate endoparasites, organisms that grow internally in
a limited range of hosts. Pasteuria usgae, a recently discovered strain
isolated from soil samples collected in Florida, is host-specific for
the sting nematode [Belonolaimus longicaudatus]. This strain of
Pasteuria is pending recognition by the Judicial Commission of the
International Committee for Systematic Bacteriology. There is
sufficient evidence from morphology, host specificity, and genomics to
justify Pasteuria usgae as a distinct strain. In developing products
for crop applications, such as uses on strawberries and a wide variety
of vegetables, the difficulty of growing Pasteuria outside of a
nematode host has always been an obstacle. This host specificity is at
the core of EPA's conclusions that Pasteuria usgae may be granted a
permanent exemption from the requirement of a tolerance for all food
commodities. Additional information regarding Pasteuria usgae can be
found in the Biopesticides Registration Action Document (BRAD) on the
Biopesticides and Pollution Prevention Division (BPPD) website: http://
www.epa.gov/pesticides/biopesticides.
    Studies submitted to the Agency were issued Master Record
Identification (MRID) Numbers and reviewed by BPPD scientists. The
following summaries of the toxicological profile of Pasteuria usgae are
based on an Agency risk assessment memorandum and related data
evaluation records dated April 9, 2009.
    a. Acute Oral Toxicity and Pathogenicity - Rat: Harmonized Test
Guideline 885.3050; MRID No. 474267-09. Pasteuria usgae does not appear
to be toxic and/or pathogenic in rats when dosed at 1 x 108
spores/animal. There were no treatment-related clinical signs or
necropsy findings in rats receiving a single oral dose of 1 x
108 Pasteuria usgae spores. Three males in the microbial
pest control agent (MPCA) - treated group gained weight through day 14
but lost weight by day 21. All other animals gained weight prior to
scheduled sacrifice. Microbial enumeration was not performed because
the testing laboratory showed that the test material would not grow on
agar media. Therefore, while no significant adverse effects were seen,
the typical clearance of the microbe could not be confirmed. However,
because the spores are highly specific to sting nematode, infectivity
is unlikely to be a concern. This study was rated ``Acceptable,'' and
Pasteuria usgae was classified as Toxicity Category IV.
    b. Acute Injection Toxicity and Pathogenicity - Rat: Harmonized
Test Guideline 885.3200; MRID No. 474267-11. There were no treatment-
related significant adverse effects seen in the rats receiving a single
intravenous dose of 108 Pasteuria usgae spores. One treated
female lost weight by day 7 but gained weight prior to sacrifice on day
14. All other animals gained weight throughout the study. All animals
survived and appeared normal during the study. No abnormalities were
observed in any animal at necropsy or in harvested organs. No
significant variations in organ weight were found between different
groups or sexes. The acute intravenous median lethal dose
(LD50) of Pasteuria usgae was greater than 1 x
108 spores/animal in male and female rats. Pasteuria usgae
does not appear to be toxic and/or pathogenic in rats when dosed at
108 spores/animal. MRID No. 474267-09 reported that
microbial enumeration was not done because the test material would not
grow on agar media. Since microbial enumeration was not performed, the
infectivity was uncertain. However, because the spores are highly
specific to sting nematode, infectivity is unlikely to be a concern.
Pasteuria usgae was not pathogenic as tested in this study. This study
was rated as ``Acceptable.''
    c. Acute Dermal Toxicity - Rat: Harmonized Test Guideline 885.3100;
MRID No. 474267-12. Based on the results of this study, Pasteuria usgae
does not appear to be toxic in rats when treated with 2,000 milligrams/
kilogram (mg/kg) at 108 spores/milliliter (mL). Thus, the
acute dermal LD50 was greater than 2,000 mg/kg for
108 spores/mL in male and female rats. There were no
treatment-related significant adverse effects seen in the dosed rats.
Two males and one female had very slight erythema on day 1 with
clearance by day 4. One male lost weight slightly during the second
week and one male and two females lost weight during the first week,
but all gained weight by the end of the study. All other animals gained
weight throughout the study. This study was rated ``Acceptable,'' and
Pasteuria usgae was classified as Toxicity Category IV.
    d. Acute Pulmonary Toxicity and Pathogenicity - Rat: Harmonized
Test Guideline 885.3150; MRID No. 474267-10. In an acute pulmonary
toxicity and pathogenicity assessment, there were no test substance-
related significant adverse effects seen in rats receiving a single
dose of approximately 1-3 x 108 spores of Pasteuria usgae.
One dosed female exhibited pale lungs. Additionally, one untreated
control female lost weight by day 21, and another untreated control
female lost weight by day 14 but gained weight by day 21. One MPCA-
treated male did not gain weight by day 7 but gained weight thereafter.
All other animals gained weight throughout the study. Based on these
results, Pasteuria usgae does not appear to be toxic and/or pathogenic
in rats when dosed at approximately 1-3 x 108 spores/animal.
Microbial enumeration was not performed because the testing laboratory
showed that the

test material would not grow on agar media. Therefore, while no
significant adverse effects were seen, the typical clearance of the
microbe could not be confirmed. However, because the spores are highly
specific to sting nematode, infectivity is unlikely to be a concern.
This study was rated ``Acceptable,'' and Pasteuria usgae was classified
as Toxicity Category IV.
    e. Hypersensitivity Incidents: Harmonized Test Guideline 885.3400;
MRID No. 474350-02. No hypersensitivity incidents--involving Pasteuria
usgae and occurring during fermentation, processing, formulation, or
research--have been reported to the Agency. Any future hypersensitivity
incidents must be reported per Harmonized Test Guideline 885.3400.

IV. Aggregate Exposures

    In examining aggregate exposure, section 408 of FFDCA directs EPA
to consider available information concerning exposures from the
pesticide residue in food and all other non-occupational exposures,
including drinking water from ground water or surface water and
exposure through pesticide use in gardens, lawns, or buildings
(residential and other indoor uses).

A. Dietary Exposure

    Dietary exposure to Pasteuria usgae may occur, mainly through food.
However, the lack of acute oral toxicity/pathogenicity, based on the
toxicology test on rats presented in Unit III., along with the
inability of the bacterium to grow outside of a specific nematode host,
support the establishment of a permanent exemption from the requirement
of a tolerance for Pasteuria usgae. There is presently a temporary
exemption from the requirement of a tolerance established for residues
of Pasteuria usgae under 40 CFR 180.1290, which will expire and be
revoked on December 31, 2010. Pasteuria usgae is exempt from the
requirement of a tolerance when applied/used as a nematicide on
strawberries in accordance with the terms of Experimental Use Permit
85004-EUP-1 August 5, 2009, (74 FR 38970) (FRL-8429-1). Additionally,
under 40 CFR 180.1135, a similar active ingredient, Pasteuria
penetrans, was assessed previously and granted a permanent exemption
from the requirement of a tolerance in or on all raw agricultural
commodities, except roots and tubers, when used as a nematicide in the
production of fruits and vegetables in greenhouses December 28, 1994,
(59 FR 66740) (FRL[dash]4924-4).
    1. Food. Dietary exposure to the naturally occurring soil
bacterium, Pasteuria usgae, although a possibility, is anticipated to
be negligible. For optimal control of sting nematode, Pasteuria usgae
is applied in a manner that facilitates movement of spores into the
root zone of the affected crop. This requires that end users take two
particular actions that would inevitably minimize the amount of
Pasteuria usgae residues on aboveground food commodities-soil-directed
applications and irrigation with a specified amount of water following
any such applications. For food commodities that develop underground,
exposure to Pasteuria usgae residues is a more likely scenario,
although standard post-harvest practices of washing, cooking, or
processing would reduce such residues. In general, any actual dietary
exposure is expected to be several orders of magnitude lower than the
dose used in the acute oral toxicity/pathogenicity test referenced in
Unit III., during which no toxic or pathogenic effects were observed in
rats. Moreover, Pasteuria usgae is an obligate endoparasitic bacterium
specific to the sting nematode. The Agency concludes that there is a
reasonable certainty that no harm will result from the aggregate
exposure to the residues of Pasteuria usgae in food.
    2. Drinking water exposure. Exposure of humans to residues of
Pasteuria usgae in consumed drinking water is unlikely. The currently
approved and proposed use patterns, use sites, and application methods
for Pasteuria usgae do not include direct application to aquatic
environments. Furthermore, given that Pasteuria usgae spores attach
specifically to the sting nematode, which is a plant-parasitic nematode
that thrives only in sandy soil environments and is dependent upon
plant roots to sustain life, future proposals to add aquatic use sites
to pesticide products containing this bacterium are not expected. Even
if oral exposure should occur through consumed drinking water, the
Agency concludes that there is a reasonable certainty that no harm will
result from the exposure to the residues of Pasteuria usgae in all the
anticipated drinking water exposures because of the lack of acute oral
toxicity/pathogenicity to mammals and the host-specific nature of the
bacterium, as stated previously.

B. Other Non-Occupational Exposure

    Non-occupational exposure is considered unlikely for Pasteuria
usgae as all currently approved or proposed uses occur in distinctly
agricultural or commercial settings, and there are no currently
approved or proposed uses for residential areas.
    The only other non-occupational exposure is that which would
normally be encountered as part of the natural environment (i.e., not
as a result of pesticide use). As expected since Pasteuria usgae is an
obligate endoparasite of the sting nematode, there have been no reports
of adverse effects from human exposure to this bacterium that naturally
occurs in sandy soils, particularly those of the southeastern and
midwestern United States.

V. Cumulative Effects from Substances with a Common Mechanism of
Toxicity

    Section 408(b)(2)(D)(v) of FFDCA requires that, when considering
whether to establish, modify, or revoke a tolerance, the Agency
consider ``available information concerning the cumulative effects of
[a particular pesticide's] residues and other substances that have a
common mechanism of toxicity.''
    EPA has not found Pasteuria usgae to share a common mechanism of
toxicity with any other substances, and Pasteuria usgae does not appear
to produce a toxic metabolite as its mode of action against the target
pest. For the purposes of this tolerance action, therefore, EPA has
assumed that Pasteuria usgae does not have a common mechanism of
toxicity with other substances. For information regarding EPA's efforts
to determine which chemicals have a common mechanism of toxicity and to
evaluate the cumulative effects of such chemicals, see EPA's website at
http://www.epa.gov/pesticides/cumulative.

VI. Determination of Safety for U.S. Population, Infants, and Children

    FFDCA section 408(b)(2)(C) provides that EPA shall assess the
available information about consumption patterns among infants and
children, special susceptibility of infants and children to pesticide
chemical residues, and the cumulative effects on infants and children
of the residues and other substances with a common mechanism of
toxicity. In addition, FFDCA section 408(b)(2)(C) provides that EPA
shall apply an additional tenfold margin of safety for infants and
children in the case of threshold effects to account for prenatal and
postnatal toxicity and the completeness of the database unless EPA
determines that a different margin of safety will be safe for infants
and children. Margins of exposure (MOE) (safety), which are often
referred to as uncertainty factors (UFs), are incorporated into EPA
risk assessments

either directly or through the use of a MOE analysis, or by using UF
(safety) in calculating a dose level that poses no appreciable risk.
    Based on the acute toxicity and pathogenicity data discussed in
Unit III., EPA concludes that there is a reasonable certainty that no
harm will result to the United States population, including infants and
children, from aggregate exposure to the residues of Pasteuria usgae.
This includes all anticipated dietary exposures and all other exposures
for which there is reliable information. The Agency has arrived at this
conclusion because the data available on Pasteuria usgae do not
demonstrate toxic, pathogenic, or infective potential to mammals. Thus,
there are no threshold effects of concern and, as a result, the
provision requiring an additional margin of safety does not apply.

VII. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint U.N. Food and
Agriculture Organization/World Health Organization food standards
program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established a MRL for Pasteuria usgae.

VIII. Conclusions

     Therefore, an exemption is established for residues of Pasteuria
usgae in or on all food commodities when applied preharvest and used as
a nematicide in accordance with good agricultural practices.

 IX. Statutory and Executive Order Reviews

    This final rule establishes a tolerance exemption under section
408(d) of FFDCA in response to a petition submitted to the Agency. The
Office of Management and Budget (OMB) has exempted these types of
actions from review under Executive Order 12866, entitled Regulatory
Planning and Review (58 FR 51735, October 4, 1993). Because this final
rule has been exempted from review under Executive Order 12866, this
final rule is not subject to Executive Order 13211, entitled Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001), or Executive Order
13045, entitled Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, April 23, 1997). This final rule does
not contain any information collections subject to OMB approval under
the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it
require any special considerations under Executive Order 12898,
entitled Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the tolerance
exemption in this final rule, do not require the issuance of a proposed
rule, the requirements of the Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.) do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999), and Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 9, 2000), do not apply to this final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Public Law 104-4).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).

X. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: June 11, 2010.
Steven Bradbury,
Director, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. In subpart D, revise Sec. 180.1290 to read as follows:

Sec.  180.1290  Pasteuria usgae; exemption from the requirement of a
tolerance.

    An exemption from the requirement of a tolerance is established for
residues of Pasteuria usgae in or on all food commodities when applied
preharvest and used as a nematicide in accordance with good
agricultural practices.
[FR Doc. 2010-15465 Filed 6-29-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Notices]
[Pages 73022-73024]
[FR Doc No: 2021-27820]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93816; File No. SR-CboeEDGA-2021-026]

Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of Proposed Rule Change To Make
Juneteenth National Independence Day a Holiday of the Exchange

December 17, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that, on
December 6, 2021, Cboe EDGA Exchange, Inc. filed with the Securities
and Exchange Commission (``Commission'') the proposed rule change as
described in Items I and II below, which Items have been prepared by
the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    Cboe EDGA Exchange, Inc. (the ``Exchange'' or ``EDGA'') proposes to
amend its rules to make Juneteenth National Independence Day a holiday
of the Exchange. The text of the proposed rule change is provided in
Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/edga/),

at the Exchange's Office of the Secretary, and at the Commission's
Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 11.1 (Hours of Trading and
Trading Days) to make Juneteenth National Independence Day a holiday of
the Exchange. On June 17, 2021, Juneteenth National Independence Day
was designated a legal public holiday.\3\ Consistent with broad
industry sentiment \4\ and the approach recommended by the Securities
Industry and Financial Markets Association (``SIFMA''),\5\ the Exchange
proposes to add ``Juneteenth National Independence Day'' to the
existing list of holidays set forth in Rule 11.1(b). As a result, the
Exchange will not be open for business on Juneteenth National
Independence Day, which falls on June 19 of each year. In accordance
with Rule 11.1(b), when a holiday falls on a Saturday, the Exchange
will not be open for business on the preceding Friday, and when it
falls on a Sunday, the Exchange will not be open for business on the
succeeding Monday, unless otherwise indicated by the Exchange.\6\
---------------------------------------------------------------------------

    \3\ Public Law 117-17.
    \4\ See, e.g., https://www.bloomberg.com/news/articles/2021-06-18/bofa-makesjuneteenth-a-holiday-joining-jpmorgan-wells-fargo?sref=Hhue1scO.
    \5\ SIFMA recommends a full market close in observance of
Juneteenth National Independence Day. See https://www.sifma.org/resources/general/holidayschedule/. See also https://www.sifma.org/resources/news/sifma-revises-2022-fixed-income-market-close-recommendations-in-the-u-s-to-include-full-close-for-juneteenth-national-independence-day/.
    \6\ See EDGA Exchange Rule 11.1(b).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\7\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \8\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers. The Exchange also believes the proposed rule
change is consistent with Section 6(b)(1) of the Act,\9\ which provides
that the Exchange be organized and have the capacity to be able to
carry out the purposes of the Act and to enforce compliance by the
Exchange's Trading Permit Holders and persons associated with its
Trading Permit Holders with the Act, the rules and regulations
thereunder, and the rules of the Exchange.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5)
    \9\ 15 U.S.C. 78f(b)(1).
---------------------------------------------------------------------------

    The Exchange believes that the proposed change would remove
impediments to and perfect the mechanism of a free and open market and
a national market system and, in general, protect investors and the
public interest because the proposed amended rule would clearly state
that the Exchange will not be open for business on Juneteenth National
Independence Day, which is a federal holiday, and would address what
day would be taken off if June 19 fell on a Saturday or Sunday. The
change would thereby promote clarity and transparency in the Exchange
rules by updating the list of holidays of the Exchange. The proposed
rule change is also based on recent proposals by other exchanges.\10\
Therefore, the proposed change does not raise any new or novel issues.
---------------------------------------------------------------------------

    \10\ See e.g., Securities Exchange Act Release No. 93186
(September 30, 2021), 86 FR 55068 (October 5, 2021) (SR-NYSE-2021-
56). See also Securities Exchange Act Release No. 93461 (October 28,
2021), 86 FR 60670 (November 3, 2021) (SR-MIAX-2021-55).
---------------------------------------------------------------------------

    For these reasons, the Exchange believes that the proposal is
consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\11\ the Exchange
believes that the proposed rule change will not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The proposed change is not designed to address any
competitive issue but rather to conform to industry practice with
respect to holidays.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\15\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may take effect upon filing. The Exchange believes that
waiver of operative delay would be consistent with the protection of
investors and the public interest because the proposed

rule change would state that the Exchange will not be open for business
on Juneteenth National Independence Day, which is a federal holiday,
and would address what day would be taken off if June 19 falls on a
Saturday or Sunday. The Exchange also notes that a waiver would allow
the Exchange to update the schedule on its website more quickly.
Further, the Exchange states that the proposed rule change was based on
recent proposals by other exchanges.\16\ The Commission believes that
waiver of the 30-day operative delay is consistent with the protection
of investors and the public interest because the proposed rule change
does not raise any new or novel issues. Accordingly, the Commission
waives the 30-day operative delay and designates the proposal operative
upon filing.\17\
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ See supra note 10.
    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-CboeEDGA-2021-026 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-CboeEDGA-2021-026. 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CboeEDGA-2021-026 and should be
submitted on or before January 13, 2022.
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-27820 Filed 12-22-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 15, 2009 (Volume 74, Number 134)]
[Notices]
[Page 34322]
[DOCID:fr15jy09-72]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13478-000]

FFP Project 68, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

July 8, 2009.
    On May 22, 2009, FFP Project 68, 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 Davis Island Bend
Hydrokinetic Project, to be located on the Mississippi River, in Tensas
Parish, Louisiana and Warren County, Mississippi.
    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 Davis Island Bend Hydrokinetic Project consists of:
(1) 3,675 proposed 40 kilowatt Free Flow generating units having a
total installed capacity of 147 megawatts; (2) a 4.8-mile-long, 69
kilovolt transmission line; and (3) appurtenant facilities. The
proposed Davis Island Bend Hydrokinetic Project would have an average
annual generation of 644 gigawatt-hours.
    Applicant Contact: Ramya Swaminathan, Vice President of
Development, Free Flow Power Corporation, 33 Commercial Street,
Gloucester, MA 01930; phone:<PHONE_NUMBER>.
    FERC Contact: Kim Carter,<PHONE_NUMBER>.
    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.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project, including a copy of
the application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13478) in the docket number field to access
the document. For assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-16724 Filed 7-14-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 148 (Friday, July 31, 2020)]
[Proposed Rules]
[Pages 46012-46015]
[FR Doc No: 2020-16281]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0674; Product Identifier 2020-NM-070-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus SAS Model A330-200 and A330-300 series airplanes,
and all Model A340-200 and A340-300 series airplanes. This proposed AD
was prompted by reports of hydraulic system failure due to fatigue
failure of the screws attaching the manual valve to the ground service
manifold (GSM). This proposed AD would require, for certain GSMs,
repetitive replacement of the hydraulic system GSM manual valve
attachment screws having certain part numbers; and, for certain other
GSMs with certain screws installed, replacement of those screws, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
will be incorporated by reference. The FAA is proposing this AD to
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by September
14, 2020.

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 https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49
221 8999 000; email<EMAIL_ADDRESS>internet www.easa.europa.eu.
You may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this IBR material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2020-0674.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0674; or in person at Docket Operations

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this NPRM, any comments received, and
other information. The street address for Docket Operations is listed
above. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2020-0674;
Product Identifier 2020-NM-070-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM based on those comments.
    The FAA will post all comments the FAA receives, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact the FAA receives about this NPRM.

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0093, dated April 24, 2020
(``EASA AD 2020-0093'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A330-200 and A330-300 series
airplanes, and all Model A340-200 and A340-300 series airplanes.
    This proposed AD was prompted by reports of hydraulic system
failure due to the fatigue failure of the screws attaching the manual
valve to the GSM. The FAA is proposing this AD to address the failure
of hydraulic system manual valve attachment screws. This condition, if
not addressed, could lead to the loss of one or more hydraulic systems
and damage to surrounding structure and components, possibly resulting
in reduced control of the airplane, or injury to maintenance staff
working in the main landing gear bay. See the MCAI for additional
background information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0093 describes procedures for replacement of the
hydraulic system GSM manual valve attachment screws. For GSMs with part
number (P/N) 70902-3 or P/N 70902-4 installed with screws having P/N
NAS1101-3H8, EASA AD 2020-0093 describes procedures for repetitive
replacement of those screws with new screws having P/N NAS1101-3H8. For
GSMs with P/N 70902-5 installed with screws having P/N NAS1101-3H8,
EASA AD 2020-0093 describes procedures for replacement of those screws
with new bolts having P/N EWB0420D-3H-3 or four new screws having P/N
NAS1101-3H8; if new screws are installed, EASA AD 2020-0093 describes
procedures for replacing them with new bolts having P/N EWB0420D-3H-3
before the screws exceed 10,000 flight cycles since installation on an
airplane. EASA AD 2020-0093 also describes an optional terminating
modification (replacement of all affected GSMs), which would terminate
the repetitive replacements of the attachment screws.
    This material 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 and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in EASA AD 2020-0093 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-0093
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2020-0093 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in the EASA AD. Service information specified
in EASA AD 2020-0093 that is required for compliance with EASA AD 2020-
0093 will be available on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2020-0674 after the FAA
final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 107 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                   Parts cost         Cost per product         Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
7 work-hours x $85 per hour = $595 per               $0*  $595 per cycle............  $63,665 per cycle.
 cycle.
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data that would enable the agency to provide parts cost estimates for the
  required actions specified in this proposed AD.

                  Estimated Costs for Optional Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
10 work-hours x $85 per hour = $850...             $0*             $850
------------------------------------------------------------------------
* The FAA has received no definitive data that would enable the agency
  to provide parts cost estimates for the optional actions specified in
  this proposed AD.

    According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in the cost estimate.

Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

    Airbus SAS: Docket No. FAA-2020-0674; Product Identifier 2020-
NM-070-AD.

(a) Comments Due Date

    The FAA must receive comments by September 14, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS airplanes specified in paragraphs
(c)(1) through (4) of this AD, certificated in any category, as
identified in European Union Aviation Safety Agency (EASA) AD 2020-
0093, dated April 24, 2020 (``EASA AD 2020-0093'').
    (1) Model A330-201, -202, -203, -223, and -243 airplanes.
    (2) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
    (3) Model A340-211, -212, and -213 airplanes.
    (4) Model A340-311, -312, and -313 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 29, Hydraulic
power.

(e) Reason

    This AD was prompted by reports of hydraulic system failure due
to fatigue failure of the screws attaching the manual valve to the
ground service manifold (GSM). The FAA is issuing this AD to address
the failure of hydraulic system manual valve attachment screws. This
condition, if not addressed, could lead to the loss of one or more
hydraulic systems and damage to surrounding structure and
components, possibly resulting in reduced control of the airplane,
or injury to maintenance staff working in the main landing gear bay.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2020-0093.

(h) Exceptions to EASA AD 2020-0093

    (1) Where EASA AD 2020-0093 refers to its effective date or to
``the effective date of EASA AD 2019-0314,'' this AD requires using
the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0093 does not apply
to this AD.
    (3) Where EASA AD 2020-0093 specifies to comply with ``the
instructions of the AOT,'' and ``the AOT'' specifies that ``the
accomplishment instructions marked as Required for Compliance (RC)
must be done'' this AD requires compliance with ``paragraph 4.4.2.,
Accomplishment Instructions, of the AOT'' only.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0093
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation 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 Large Aircraft Section, International Validation
Branch, send it to the attention of the person identified in
paragraph (k)(2) of this AD. Information may be emailed to<EMAIL_ADDRESS>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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section,

International Validation Branch, FAA; or EASA; or Airbus SAS's EASA
Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2020-0093 that contains RC procedures and
tests: Except as required by paragraphs (h)(3) and (j)(2) of this
AD, RC procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(k) Related Information

    (1) For information about EASA AD 2020-0093, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email<EMAIL_ADDRESS>internet www.easa.europa.eu. You
may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>. This material may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0674.
    (2) For more information about this AD, contact Vladimir
Ulyanov, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
    Issued on July 22, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-16281 Filed 7-30-20; 8:45 am]
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