[Federal Register Volume 87, Number 187 (Wednesday, September 28, 2022)]
[Notices]
[Pages 58783-58786]
[FR Doc No: 2022-21004]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Order on Intent To Revoke Market-Based Rate Authority; Data
Collection for Analytics and Surveillance and Market-Based Rate
Purposes

------------------------------------------------------------------------
                                                           Docket Nos.
                                                           RM16-17-001
------------------------------------------------------------------------
3 Phases Renewables Inc...............................      ER16-775-000
3C Solar LLC..........................................     ER11-2649-000
3Degrees Group, Inc...................................      ER10-269-000
3PR Trading, Inc......................................     ER20-1477-000
ABC Energy, LLC.......................................     ER13-2260-000
ADG Group Inc.........................................     ER17-1151-000
American Illuminating Company, LLC....................     ER12-2600-000
Anahau Energy, LLC....................................      ER13-415-000
Apple Group...........................................     ER07-1287-001
Archer Energy, LLC....................................     ER17-1594-002
Ashley Energy LLC.....................................      ER17-923-001
Backyard Farms Energy LLC.............................     ER09-1689-000
Baltimore Power Company LLC...........................     ER15-2693-002
Berry Petroleum Company, LLC..........................     ER12-2233-000
BioUrja Power, LLC....................................      ER16-371-000
BITH Energy, Inc......................................       ER13-48-000
BITH Solar 1, LLC.....................................       ER13-29-000
Blue Cube Operations LLC..............................     ER15-1687-001
Bolt Energy, LLC......................................     ER19-1826-001
Brantley Farm Solar, LLC..............................     ER18-1977-001
Bridgeport Fuel Cell, LLC.............................     ER13-1403-000
Buckleberry Solar, LLC................................     ER18-2217-000
Burgess Capital LLC...................................     ER15-2541-000
Capacity Markets Partners, LLC........................      ER14-407-001
Cargill Power Markets, LLC............................     ER97-4273-000
Carson Hybrid Energy Storage LLC......................      ER19-288-000
Central Hudson Gas & Electric Corporation.............     ER97-2872-000
Centre Lane Trading Ltd...............................      ER10-636-000
Choctaw Generation Limited Partnership................     ER98-3774-000
Cirrus Wind 1, LLC....................................      ER13-357-001
Clear Power LLC.......................................     ER20-2654-000
Clearview Electric, Inc...............................      ER17-808-001
Conch Energy Trading, LLC.............................     ER12-1472-000
Consolidated Power Co., LLC...........................     ER14-1858-000
Covanta Maine, LLC....................................      ER09-560-000
Current Power & Gas Inc...............................      ER16-722-000
Degrees3 Transportation Solutions, LLC................      ER21-251-001
Dichotomy Power Maine, LLC............................     ER21-2535-000
Dillon Power, LLC.....................................     ER15-1810-000

Domtar A.W. LLC.......................................     ER11-2021-001
Domtar Paper Company, LLC.............................     ER11-2020-000
EBRFUEL, LLC..........................................      ER13-797-000
El Paso Marketing Company, L.L.C......................      ER95-428-000
Electron Hydro, LLC...................................     ER13-1646-001
Elektrisola, Inc......................................     ER10-2891-000
Elevation Energy Group, LLC...........................       ER17-21-000
Energy Cooperative of New York, Inc...................     ER99-3411-000
Energy Exchange Direct, LLC...........................      ER08-425-000
Energy Exchange International, LLC....................     ER11-2730-000
EnPowered.............................................      ER18-155-000
Entergy Arkansas, Inc., Entergy Mississippi, Inc., and      ER91-569-000
 Entergy New Orleans, Inc.............................
EONY Generation Limited...............................      ER00-136-000
ExxonMobil Baton Rouge Complex........................      ER06-771-000
ExxonMobil Beaumont Complex...........................      ER06-772-000
ExxonMobil LaBarge Shute Creek Treating...............      ER06-773-000
Facility..............................................     ER09-1075-000
Falcon Energy, LLC....................................     ER07-1247-002
FC Energy Services Company, LLC.......................     ER05-1079-000
FOREST INVESTMENT GROUP, LLC..........................     ER18-2194-001
Fox Creek Farm Solar, LLC.............................     ER11-3615-000
Fred Meyer Stores, Inc................................     ER11-4536-000
Full Circle Renewables, LLC...........................     ER10-2954-000
Garland Power Company.................................     ER11-2825-000
GBC Metals LLC........................................     ER20-2087-000
Gichi Noodin Wind Farm, LLC...........................      ER12-346-000
Global Energy, LLC....................................     ER11-4672-000
Griffiss Utility Services Corporation.................     ER12-2203-001
GUSC Energy Inc.......................................     ER10-2890-000
Hammond Belgrade Energy, LLC..........................      ER03-833-000
Hawkeye Energy Greenport, LLC.........................     ER12-2405-001
Helvetia Solar, LLC...................................      ER12-795-001
High Liner Foods Incorporated.........................      ER09-712-000
High Lonesome Mesa, LLC...............................     ER12-1613-001
Hill Energy Resource & Services, LLC..................     ER11-3053-001
Holcim (US) Inc.......................................     ER14-2956-004
Hoopeston Wind, LLC...................................     ER11-4489-000
ICC Energy Corporation................................     ER06-1007-000
IEP Power Marketing LLC...............................     ER18-1289-000
Industrial Assets, Inc................................      ER19-117-001
Innovative Solar 54, LLC..............................      ER19-118-001
Innovative Solar 67, LLC..............................     ER11-4050-000
KEPCO Solar of Alamosa LLC............................     ER15-1308-000
Kingfisher Wind, LLC..................................     ER15-1609-000
Kiyoshi Technologies, LLC.............................     ER12-1524-000
Kleantricity, Inc.....................................      ER09-107-000
KODA Energy, LLC......................................      ER08-848-000
Lazarus Energy Holdings, LLC..........................     ER16-1788-002
LE Energy, LLC........................................     ER21-1768-000
Light Power & Gas LLC.................................     ER11-3589-000
Long Island Solar Farm, LLC...........................     ER15-2470-000
Longreach Energy, LLC.................................      ER05-744-000
Major Lending, LLC....................................     ER18-1549-000
Manifold Energy Inc...................................      ER19-610-000
Marengo Battery Storage, LLC..........................       ER08-23-001
Massie Power LLC......................................     ER13-1298-001
Mega Energy Holdings LLC..............................     ER16-1254-002
MMP SCO, LLC..........................................     ER11-4603-000
Monterey Consulting Associates, Inc...................      ER15-612-000
Moore Energy, LLC.....................................     ER13-1249-002
Myotis Power Marketing LLC............................     ER06-1055-000
Nevada Gold Energy LLC................................     ER10-2754-000
New England Wire Technologies, Corp...................     ER06-1286-000
New Hope Power Partnership............................     ER05-1225-000
New York Industrial Energy Buyers, LLC................      ER10-904-000
NFI Solar, LLC........................................      ER03-293-000
North Branch Resources, LLC...........................     ER13-1665-000
Novo BioPower, LLC....................................      ER19-302-001
NTE Southeast Electric Company, LLC...................        ER18-3-000
Nylon Corporation of America..........................      ER03-821-000
One Nation Energy Solutions, LLC......................      ER19-178-001
PACE RENEWABLE ENERGY 1 LLC...........................     ER12-1603-001
PGPV, LLC.............................................      ER18-296-000

Phibro Americas LLC...................................     ER13-1135-001
Piedmont Energy Fund, LP..............................     ER11-2168-000
Planet Energy (Maryland) Corp.........................     ER11-2179-000
Planet Energy (New York) Corp.........................     ER11-2167-000
Planet Energy (Pennsylvania) Corp.....................     ER11-2166-000
Planet Energy (USA) Corp..............................      ER10-812-000
Power Choice Inc......................................     ER19-1405-000
Precept Power LLC.....................................      ER17-204-001
Quantum Power Corp....................................      ER08-631-000
Raider Dog LLC........................................      ER16-895-002
RDAF Energy Solutions, LLC............................     ER01-3109-000
Renaissance Power, L.L.C..............................     ER14-1135-000
Renewable Power Direct, LLC...........................     ER12-1751-000
Renewable Power Strategies, LLC.......................     ER09-1739-000
ResCom Energy LLC.....................................      ER14-166-000
Rigby Energy Resources, LP............................     ER14-2013-000
RJUMR ENERGY PARTNERS CORP............................     ER12-1244-001
RLD Resources, LLC....................................     ER01-2830-000
Roseburg Forest Products..............................     ER19-1240-000
Sage Solar I LLC......................................     ER19-1241-000
Sage Solar II LLC.....................................     ER19-1242-000
Sage Solar III LLC....................................     ER10-2750-000
Saint Anselm College..................................      ER15-359-001
Samchully Power & Utilities 1 LLC.....................     ER11-4453-000
Santanna Natural Gas Corporation......................     ER11-3187-001
SBR Energy, LLC.......................................     ER18-1548-000
Seguro Energy Partners, LLC...........................     ER10-2951-000
Shipyard Energy, LLC..................................      ER13-733-000
Silver Bear Power, LLC................................      ER16-904-001
Smith Creek Hydro, LLC................................      ER13-698-000
Southard Energy Partners, LLC.........................     ER11-3186-000
Southern California Telephone Company.................      ER06-634-000
Spruance Genco, LLC...................................      ER95-362-000
Stand Energy Corporation..............................      ER13-113-002
Sunbury Energy, LLC...................................     ER11-2354-000
Sustainable Star......................................     ER03-1150-000
Texzon Utilities, Ltd.................................     ER16-1202-001
The Energy Group of America, Inc......................     ER99-3571-000
The Legacy Energy Group, LLC..........................     ER11-4604-000
Thicksten Grimm Burgum, Inc...........................     ER20-2618-000
Thordin ApS...........................................     ER14-1767-000
Titan Gas and Power...................................     ER14-2597-001
Town of Hanover.......................................     ER13-1107-000
Trane Grid Services LLC...............................     ER11-2962-001
Tropicana Manufacturing Company Inc...................     ER11-3724-000
TrueLight Commodities, LLC............................     ER11-3723-000
TrueLight Energy, LLC.................................      ER02-973-000
UBS AG................................................     ER15-1630-001
US Borax, Inc.........................................     ER16-1610-001
V3 Commodities Group, LLC.............................     ER11-4706-001
Viridity Energy, Inc..................................     ER16-2307-001
Vista Energy Marketing, L.P...........................      ER04-937-000
Volunteer Energy Services, Inc........................      ER21-908-000
Western Aeon Energy Trading LLC.......................     ER11-3263-000
Western Reserve Energy Services, LLC..................      ER04-262-000
White Pine Electric Power L.L.C.......................      ER09-750-000
Windy Flats Partners, LLC.............................     ER06-1273-000
Wolverine Holdings, L.P...............................     ER10-2345-000
Woodland Pulp LLC.....................................      ER18-624-000
Woomera Energy, LLC...................................     ER18-2031-000
Z&Y Energy Trading LLC................................      ER15-820-001
Zone One Energy, LLC..................................
------------------------------------------------------------------------

    1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d, and
18 CFR part 35 (2021), require, among other things, that all rates,
terms, and conditions for jurisdictional services be filed with the
Commission. In Order No. 697 and its progeny,\1\ the Commission
established certain requirements that

sellers \2\ must comply with in order to obtain and retain market-based
rate authority.\3\
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    \1\ Mkt.-Based Rates for Wholesale Sales of Elec. Energy,
Capacity & Ancillary Servs. by Pub. Utils., Order No. 697, 119 FERC
] 61,295 clarified, 121 FERC ] 61,260 (2007), order on reh'g, Order
No. 697-A, 123 FERC ] 61,055, clarified, 124 FERC ] 61,055, order on
reh'g, Order No. 697-B, 125 FERC ] 61,326 (2008), order on reh'g,
Order No. 697-C, 127 FERC ] 61,284 (2009), order on reh'g, Order No.
697-D, 130 FERC ] 61,206 (2010), aff'd sub nom. Mont. Consumer
Counsel v. FERC, 659 F.3d 910 (9th Cir. 2011).
    \2\ A ``seller'' is defined as any person that has authorization
to or seeks authorization to engage in sales for resale of electric
energy, capacity or ancillary services at market-based rates under
section 205 of the FPA. 18 CFR 35.36(a)(1); 16 U.S.C. 824d. Each
seller is a public utility under section 205 of the FPA. 16 U.S.C.
824.
    \3\ Order No. 697, 119 FERC ] 61,295 at n. 258.
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    2. In Order No. 860,\4\ the Commission revised certain aspects of
the substance and format of the ownership information sellers must
submit in order to obtain or retain market-based rate authority.
Specifically, Order No. 860 requires that, as part of its market-based
rate application or baseline submission, a seller must identify its
ultimate upstream affiliate(s) through a new relational database.\5\
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    \4\ Data Collection for Analytics & Surveillance and Mkt.-Based
Rate Purposes, Order No. 860, 168 FERC ] 61,039 (2019), order on
reh'g, Order No. 860-A, 170 FERC ] 61,129 (2020).
    \5\ Order No. 860, 168 FERC ] 61,039 at P 121.
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    3. In accordance with Order No. 860, as modified by Order No. 860-
A, the Order Adopting Revisions to Information Collection,\6\ and the
Notice of Extension of Time,\7\ each seller with a market-based rate
tariff on file with the Commission was required to make a baseline
submission to the market-based rate relational database by February 1,
2022.\8\ Commission staff's review of the baseline submissions to the
market-based rate relational database indicates that the sellers with
market-based rate authorization listed in the caption of this order
failed to file their baseline submissions. This order notifies these
sellers that their market-based rate authorizations will be revoked
unless they comply with the Commission's requirements within 15 days of
the date of issuance of this order.\9\
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    \6\ Data Collection for Analytics & Surveillance and Mkt.-Based
Rate Purposes, 176 FERC ] 61,109 (2021) (Order Adopting Revisions to
Information Collection).
    \7\ Data Collection for Analytics and Surveillance and Mkt.-
Based Rate Purposes, Notice of Extension of Time, Docket No. RM16-
17-000 (Oct. 22, 2021).
    \8\ A baseline submission consists of ``market-based rate
information,'' which includes (a) seller category status for each
region in which the seller has market-based rate authority, (b) each
market in which the seller is authorized to sell ancillary services
at market-based rates, (c) mitigation, if any, and (d) whether the
seller has limited the regions in which it has market-based rate
authority. A baseline submission also consists of ``market-based
rate ownership information,'' which includes ultimate upstream
affiliates; and affiliate owners with franchised service areas,
market-based rate authority, or that directly own or control
generation; transmission, intrastate natural gas transportation,
storage or distribution facilities, physical coal supply sources or
ownership of or control over who may access transportation of coal
supplies, and asset appendix information. Order No. 860, 168 FERC ]
61,039 at P 185.
    \9\ Commission staff contacted or attempted to contact the
sellers to remind them of their regulatory obligations. Despite
these reminders, however, the sellers listed in the caption of this
order have not met these obligations.
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    4. To comply with the Commission's requirements, the above-
captioned sellers must file their baseline submissions to the market-
based rate relational database consistent with the procedures set forth
in Order Nos. 860, 860-A, and the Order Adopting Revisions to
Information Collection.
    5. In the event any of the above-captioned sellers have already
submitted their baseline submissions in compliance with the
Commission's requirements, their inclusion herein is inadvertent. Such
sellers are directed to make a filing with the Commission, within 15
days of the date of issuance of this order, to identify themselves and
provide details about their prior submissions to establish that they
complied with the Commission's market-based rate relational database
filing requirements.
    6. If any of the above-captioned sellers do not wish to continue
having market-based rate authority, they may file a notice of
cancellation of their market-based rate tariffs with the Commission
pursuant to section 205 of the FPA.
    The Commission orders:
    (A) Within 15 days of the date of issuance of this order, each
seller listed in the caption of this order shall file with the
Commission its delinquent baseline submission to the market-based rate
relational database. If a seller subject to this order fails to make
the filings required in this order, the Commission intends to revoke
that seller's market-based rate authorization and intends to terminate
its electric market-based rate tariff. The Secretary is hereby
directed, upon expiration of the filing deadline in this order, to
promptly issue a notice, effective on the date of issuance, listing the
sellers whose tariffs have been revoked for failure to comply with the
requirements of this order and the Commission's market-based rate
relational database requirements.
    (B) The Secretary is hereby directed to publish this order in the
Federal Register.

    Issued: September 22, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-21004 Filed 9-27-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 77 (Friday, April 20, 2012)]
[Proposed Rules]
[Pages 23647-23652]
[FR Doc No: 2012-9608]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2007-1179; FRL-9661-5]

Approval of Air Quality Implementation Plans; Wisconsin;
Disapproval of ``Infrastructure'' SIP With Respect to Oxides of
Nitrogen as a Precursor to Ozone Provisions and New Source Review
Exemptions for Fuel Changes as Major Modifications for the 1997 8-Hour
Ozone and 24-Hour PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to EPA's authority under the Clean Air Act (CAA), EPA
is proposing to disapprove two narrow portions of submissions made by
the Wisconsin Department of Natural Resources (WDNR) to address the
section 110(a)(1) and (2) requirements of the CAA, often referred to as
the ``infrastructure'' State Implementation Plan (SIP). Specifically,
we are proposing to disapprove the portions of WDNR's submissions
intended to meet certain requirements of section 110(a)(2)(C) with
respect to the 1997 8-hour ozone National Ambient Air Quality Standards
(NAAQS) and 1997 24-hour PM2.5 NAAQS. Among other
conditions, section 110(a)(2)(C) of the CAA requires states to
correctly address oxides of nitrogen (NOX) as a precursor to
ozone in their respective prevention of significant deterioration (PSD)
programs. EPA is proposing to disapprove a portion of Wisconsin's
submissions intended to satisfy this requirement. EPA is also proposing
to disapprove a portion of Wisconsin's submissions because the SIP
currently contains a new source review (NSR) exemption for fuel changes
as major modifications where the source was capable of accommodating
the change before January 6, 1975.

DATES: Comments must be received on or before May 21, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2007-1179, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted during the Regional Office normal
hours of operation, and special arrangements should be made for
deliveries of boxed information. The Regional Office official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2007-1179. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA

recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Andy Chang, Environmental Engineer, at
(312) 886-0258 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Andy Chang, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What should I consider as I prepare my comments for EPA?
II. What is the background for this action?
III. What is EPA's evaluation of Wisconsin's infrastructure SIP for
the 1997 ozone and 1997 PM2.5 NAAQS?
    A. NOX as a precursor to ozone provisions.
    B. Fuel Changes as Major Modifications
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    2. Follow directions--EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline
identified.

II. What is the background for this action?

    Under sections 110(a)(1) and (2) of the CAA, and implementing EPA
guidance, states were required to submit either revisions to their
existing EPA approved SIPs necessary to provide for implementation,
maintenance, and enforcement of the 1997 ozone NAAQS and the 1997
PM2.5 NAAQS, or certifications that their existing SIPs for
ozone and particulate matter already met those basic requirements. The
statute requires that states make these submissions within three years
after the promulgation of new or revised NAAQS. However, intervening
litigation over the 1997 ozone NAAQS and the 1997 PM2.5
NAAQS created uncertainty about how states were to proceed.\1\
Accordingly, both EPA and the states were delayed in addressing these
basic SIP requirements.
---------------------------------------------------------------------------

    \1\ See, e.g., Whitman v. American Trucking Associations, Inc.,
531 U.S. 457 (2001).
---------------------------------------------------------------------------

    In a consent decree with Earth Justice, EPA agreed to make
completeness findings with respect to these SIP submissions. Pursuant
to this consent decree, EPA published completeness findings for all
states for the 1997 8-hour ozone NAAQS on March 27, 2008, and for all
states for the 1997 PM2.5 NAAQS on October 22, 2008.
    On October 2, 2007, EPA issued a guidance document entitled
``Guidance on SIP Elements Required Under Sections 110(a)(1) and (2)
for the 1997 8-hour Ozone and PM2.5 National Ambient Air
Quality Standards,'' making recommendations to states concerning these
SIP submissions (the 2007 Guidance). Within the 2007 Guidance, EPA gave
general guidance relevant to matters such as the timing and content of
the submissions. Wisconsin made its infrastructure SIP submission for
the 1997 ozone and PM2.5 NAAQS on December 12, 2007. The
State provided supplemental submissions to EPA on January 24, 2011, and
March 28, 2011.
    On April 28, 2011, EPA published its proposed action on the Region
5 states' submissions (see 76 FR 23757). Notably, we proposed to find
that Wisconsin had met the requirements of section 110(a)(2)(C)
concerning state PSD programs generally, and in particular the
requirement to include NOX as a precursor to ozone (see 76
FR 23757 at 23760-23761), thereby satisfying the requirement that the
State has an adequate PSD program pursuant to section 110(a)(2)(C) for
both the 1997 ozone and 1997 PM2.5 NAAQS.\2\
---------------------------------------------------------------------------

    \2\ EPA noted that each state's PSD program must meet certain
basic program requirements, e.g., if a state lacks provisions needed
to address NOX as a precursor to ozone, the provisions of
section 110(a)(2)(C) requiring an adequate permitting program must
be considered not to be met, irrespective of the pollutant being
addressed in the infrastructure SIP submission.
---------------------------------------------------------------------------

    During the comment period for the April 28, 2011, proposed
rulemaking, EPA received three sets of comments. Two of the commenters
observed that although we had proposed to approve Wisconsin's
infrastructure SIP as meeting the correct requirements for
NOX as a precursor to ozone in the State's PSD program,
Wisconsin's PSD SIP does not contain the most recent PSD program
revisions required by EPA for this purpose. One of the commenters also
noted that Wisconsin's existing SIP does not meet current EPA
requirements with respect to NSR because Wisconsin has not included
fuel changes as ``major modifications'' in its NSR program for certain
sources under certain conditions. A detailed discussion of these
comments as they relate to Wisconsin's SIP will follow in the section
entitled, ``What is EPA's evaluation of Wisconsin's infrastructure SIP
for the 1997 ozone and 1997 PM2.5 NAAQS?''
    As a result of the comments, we did not promulgate final action on
those two limited aspects of Wisconsin's infrastructure SIP in our July
13, 2011, final rulemaking (see 76 FR 41075). We did, however,
promulgate final action on all other applicable elements of Wisconsin's
infrastructure SIP. In the July 13, 2011, rulemaking, we committed to
address the issues raised in the comments concerning NOX as
a precursor to ozone and the definition of ``major modification''
related to fuel changes for certain sources in Wisconsin in a separate
action; this

proposed rulemaking and future final rulemaking serve as that action.

III. What is EPA's evaluation of Wisconsin's infrastructure SIP for the
1997 ozone and 1997 PM2.5 NAAQS?

    As stated above, EPA promulgated final action on all applicable
elements of Wisconsin's infrastructure SIP submissions for the 1997
ozone and 1997 PM2.5 NAAQS except for the narrow issues
related to section 110(a)(2)(C) with respect to the current regulatory
requirements for NOX as a precursor to ozone in PSD
permitting and the definition of ``major modification'' related to fuel
changes for certain sources.\3\ The following discussion is applicable
only to these two unresolved issues for Wisconsin's infrastructure SIP,
and will not extend to the elements or requirements of sections
110(a)(1) and (2) for which EPA has previously promulgated final
action.
---------------------------------------------------------------------------

    \3\ Although the evaluation of states' definitions of ``major
modification'' related to fuel changes was not a criterion outlined
in EPA's April 28, 2011 proposed rulemaking, this issue is
intrinsically linked to states' PSD regulations, covered under
section 110(a)(2)(C).
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A. NOX as a Precursor to Ozone Provisions

    During the public comment period following EPA's April 28, 2011
proposed rulemaking, commenters disagreed with EPA's proposed
conclusion that the SIP for Wisconsin currently meets the requirements
for NOX as a precursor for ozone in permitting contexts. The
commenters noted that in the proposed rulemaking, EPA stated that
Wisconsin's PSD rules include NOX as a precursor to ozone,
and that EPA cited the approval of this provision as occurring on May
27, 1999 (see 64 FR 28745). The commenters disagreed with EPA's
conclusion that the May 27, 1999, approval, specifically of NR
405.02(21)(a), adequately addresses the issue of inclusion of
NOX as a precursor to ozone.
    After careful consideration of the comments, we have concluded that
the commenters were correct on this point because the current EPA
approved SIP for the state does not contain specific SIP revisions for
the PSD program required by EPA. On November 29, 2005, EPA published
the ``Final Rule to Implement the 8-Hour Ozone National Ambient Air
Quality Standard--Phase 2; Final Rule to Implement Certain Aspects of
the 1990 Amendments Relating to New Source Review and Prevention of
Significant Deterioration as They Apply in Carbon Monoxide, Particulate
Matter, and Ozone NAAQS; Final Rule for Reformulated Gasoline'' (Phase
2 Rule) (see 70 FR 71612). One aspect of the Phase 2 Rule was the
specific requirement to identify NOX as an explicit ozone
precursor (see 70 FR 71612 at 71679, 71699-71700). This requirement was
codified in 40 CFR 51.166, and consisted of the following: \4\
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    \4\ Similar changes were codified in 40 CFR 52.21.
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    40 CFR 51.166 (b)(1)(ii): A major source that is major for volatile
organic compounds or NOX shall be considered major for
ozone;
    40 CFR 51.166 (b)(2)(ii): Any significant emissions increase (as
defined at paragraph (b)(39) of this section) from any emissions units
or net emissions increase (as defined in paragraph (b)(3) of this
section) at a major stationary source that is significant for volatile
organic compounds or NOX shall be considered significant for
ozone;
    40 CFR 51.166 (b)(23)(i): Ozone: 40 tons per year of volatile
organic compounds or nitrogen oxides;
    40 CFR 51.166 (b)(49)(i): Any pollutant for which a national
ambient air quality standard has been promulgated and any constituents
or precursors for such pollutants identified by the Administrator
(e.g., volatile organic compounds and NOX) are precursors
for ozone; and
    40 CFR 51.166 (i)(5)(i)(e) footnote 1: No de minimis air quality
level is provided for ozone. However, any net emissions increase of 100
tons per year or more of volatile organic compounds or nitrogen oxides
subject to PSD would be required to perform an ambient impact analysis,
including the gathering of air quality data.
    The Phase 2 Rule required that states submit SIP revisions
incorporating the requirements of the rule, including these specific
NOX as a precursor to ozone provisions, by June 15, 2007
(see 70 FR 71612 at 71683).
    EPA believes that states' SIPs do not meet current structural
requirements for the PSD program, and thus do not meet the
infrastructure SIP requirements relevant to section 110(a)(2)(C),
unless states have made these revisions required in 2007. Thus, states
that did not incorporate the changes specific to identifying
NOX as a precursor to ozone required by the Phase 2 Rule
were included in EPA's March 27, 2008 ``Completeness Findings for
Section 110(a) State Implementation Plans for the 8-Hour Ozone NAAQS''
and received a finding of failure to submit related to section
110(a)(2)(C) for this reason (see 73 FR 16205). Wisconsin was not
included in the March 27, 2008 findings notice.
    Similarly, consistent with the Phase 2 Rule, EPA has disapproved
portions of other states' infrastructure SIPs on the basis that they
have not explicitly identified NOX as a precursor to ozone.
Notably, we disapproved the portion of Montana's infrastructure SIP
with respect to this requirement of section 110(a)(2)(C) on July 22,
2011 (see 76 FR 43918). EPA also finalized a partial Federal
Implementation Plan (FIP) on August 8, 2011, which included provisions
that explicitly include NOX as a precursor to ozone in the
North Coast Unified Air Quality Management District of California (see
76 FR 48006). Likewise, EPA has acted on portions of the SIP submission
required by the Phase 2 Rule in conjunction with acting on a state's
infrastructure SIP submission. For example, EPA promulgated final
approval with respect to South Dakota's revisions to its PSD program
identifying NOX as a precursor to ozone consistent with the
requirements of the Phase 2 Rule concurrently with final action on
South Dakota's infrastructure SIP for the 1997 ozone NAAQS.\5\
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    \5\ EPA's proposed action for South Dakota was published on May
12, 2011 (see 76 FR 27622), and our final action for South Dakota
was published on July 22, 2011 (see 76 FR 43912).
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    Therefore, based on EPA's own regulations, submission deadlines,
and actions germane to the explicit identification of NOX as
a precursor to ozone in Federally approved PSD programs, we are
proposing to disapprove the portions of Wisconsin's infrastructure SIP
submission with respect to the NOX as a precursor to ozone
provision requirements of section 110(a)(2)(C) for the 1997 ozone and
PM2.5 NAAQS.

B. Fuel Changes as Major Modifications

    During the comment period following EPA's April 28, 2011, proposed
rulemaking, one commenter argued that Wisconsin's existing SIP is
deficient for purposes of section 110(a)(2)(C) because it does not meet
current EPA requirements with respect to the NSR program. The commenter
noted that the NSR program requires states to adopt definitions that
are identical to, or more stringent than, EPA's definitions. Contrary
to EPA's definition, the commenter asserted that Wisconsin has not
included fuel changes as ``major modifications'' in its NSR program.
The commenter cited a 2009 letter from EPA to the state requesting that
the state update its regulations to address this specific issue.
    The definition of ``major modification'' as it relates to PSD is

generally defined in NR 405.02(21) of Wisconsin's SIP. The exemptions
to ``physical change'' are contained at NR 405.02(21)(b). One exemption
is the ability of a source capable of accommodating different types of
fuels before 1975 to switch the type of fuel burned, unless strictly
prohibited by a restriction in a permit established after 1975.
    EPA regulations contained at 40 CFR 51.166(b)(2)(iii)(e)(1) and (2)
specifically prescribe when use of an alternative fuel is not
considered a physical change for purposes of defining a ``major
modification.'' These regulations require that a physical change or
change in the method shall not include use of an alternative fuel or
raw material by a stationary source which:

    The source was capable of accommodating before January 6, 1975,
unless such change would be prohibited under any federally
enforceable permit condition which was established after January 6,
1975 pursuant to 40 CFR 52.21 or under regulations approved pursuant
to 40 CFR [part 51], subpart I, or 40 CFR 51.166; or
    The source is approved to use [the fuel] under any permit issued
under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR
51.166.

    The Wisconsin regulations set out the conditions for the fuel
change exemption as follows:

    The source was capable of accommodating the alternative fuel or
raw material before January 6, 1975, unless the change would be
prohibited under any federally enforceable permit condition which
was established after January 6, 1975 pursuant to this chapter or
ch. NR 406 or 408 or under an operation permit issued pursuant to
ch. NR 407.
    [Or, t]he source is approved to use the alternative fuel or raw
material under any permit issued under this chapter or ch. NR 406,
407, or 408. See proposed NR 405.02(21)(b)5.

    The Wisconsin rule is similar to the Federal rule, but differs by
substituting references to Wisconsin Administrative Code sections,
omitting EPA's phrase ``pursuant to 40 CFR 52.21 or under regulations
approved pursuant to 40 CFR [part 51], subpart I, or 40 CFR 51.166.''
The commenter objected that failure to cite Federal regulations results
in the loss of prohibitions on fuel use exemptions that may have been
contained in Federally-issued PSD permits, issued prior to EPA's
approval of Wisconsin's PSD SIP. The result, the commenter noted that
Wisconsin's rule allows more exemptions to the definition of ``major
modification'' than allowed by the Federal rules.
    After careful consideration of the comment, we have concluded that
the commenters were correct on this point because the current EPA
approved SIP for the state does contain a specific provision that is
inconsistent with the NSR program required by EPA. Because this
provision is relevant to a structural requirement of the PSD permitting
program, EPA believes that this issue affects the approvability of the
infrastructure SIP submissions for purposes of meeting the requirements
of section 110(a)(2)(C).
    EPA notes that this is an issue that has previously arisen and that
the State has acknowledged and agreed to address it. The Sierra Club
first raised a concern about this issue in the context of EPA's
approval of Wisconsin's NSR Reform regulations on December 17, 2008
(see 73 FR 76560). In that final rulemaking, EPA stated that the
definition of ``major modification'' and the associated fuel use
prohibitions were not part of the specific SIP submission being acted
upon by EPA at that time. However, we did agree that the language in
the Wisconsin SIP needed to be revised (see 73 FR 76560 at 76566).
    On June 17, 2009, EPA requested that the State revise its
regulatory language in NR 405.02(21)(b)(5) and (6), and NR
408.02(20)(e)(5) and (6), to include permit conditions in Federally-
issued permits. On June 1, 2011, WDNR committed to begin the rulemaking
process necessary to do so within 120 days by including the requested
revision in its next major rulemaking. However, WDNR's commitment did
not include a date certain by which it would complete the requested
revision of the State's regulations. As a result, EPA may not at this
time promulgate an approval or conditional approval of the section
110(a)(2)(C) portion of Wisconsin's infrastructure SIP for the 1997
ozone and PM2.5 NAAQS with respect to this narrow issue.
    After reviewing Wisconsin's current SIP in light of EPA's own
regulations and request to the State to make appropriate revisions to
the SIP necessary to address this issue, we are proposing to disapprove
Wisconsin's infrastructure SIP submissions for the 1997 ozone and
PM2.5 NAAQS with respect to the NSR exemption for fuel
changes as ``major modifications'' where the source was capable of
accommodating the change before January 6, 1975. We note that this
disapproval is a narrow one, and limited to the specific state
regulatory language concerning the exemption.

IV. What action is EPA taking?

    EPA is proposing to disapprove two narrow portions of Wisconsin's
infrastructure SIP submissions for the 1997 ozone and PM2.5
NAAQS with respect to section 110(a)(2)(C). Specifically, we are
proposing to disapprove the portions of Wisconsin's submissions because
the current SIP does not satisfy the requirements of the Phase 2 Rule
for explicit identification of NOX as a precursor to ozone
in PSD permitting. We are also proposing to disapprove the portions of
Wisconsin's submissions because the current SIP contains an
impermissible NSR exemption for fuel changes as ``major modifications''
where the source was capable of accommodating the change before January
6, 1975. These grounds for disapproval are narrow, and pertain only to
these specific deficiencies in Wisconsin's SIP. We anticipate that the
State will be able to rectify these issues readily and we will work
with the State to rectify these issues promptly.
    Under section 179(a) of the CAA, final disapproval of a submission
that addresses a requirement of a Part D Plan (section 171--section 193
of the CAA), or is required in response to a finding of substantial
inadequacy as described in section 110(k)(5) starts a sanction clock.
The provisions in the submissions we are disapproving were not
submitted by Wisconsin to meet either of those requirements. Therefore,
if EPA takes final action to disapprove these submissions, no sanctions
under section 179 will be triggered.
    The full or partial disapproval of a SIP revision triggers the
requirement under section 110(c) that EPA promulgate a FIP no later
than two years from the date of the disapproval unless the State
corrects the deficiency, and the Administrator approves the plan or
plan revision before the Administrator promulgates such FIP. As
previously mentioned, EPA anticipates that WDNR will make a submission
rectifying each of these deficiencies. Further, EPA anticipates acting
on WDNR's submissions within the two year time frame prior to our FIP
obligation on these very narrow issues. In the interim, EPA expects
WDNR to treat and explicitly identify NOX as a precursor to
ozone for PSD permitting consistent with the requirements of the Phase
2 Rule, and to ensure adherence to the prohibitions on fuel use
exemptions in Federally-issued permits.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. In this case EPA is

disapproving two aspects of the Wisconsin SIP that fail to meet Federal
requirements.
Executive Order 12866: Regulatory Planning and Review
    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and, therefore, is
not subject to review under the Executive Order.
Paperwork Reduction Act
    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.,
because this proposed SIP disapproval under section 110 and subchapter
I, part D of the CAA will not create any new information collection
burdens but simply disapproves certain State requirements for inclusion
into the SIP. Burden is defined at 5 CFR 1320.3(b).
Regulatory Flexibility Act
    The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. For purposes of assessing the impacts of today's rule on
small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administration's (SBA) regulations at 13
CFR 121.201; (2) a small governmental jurisdiction that is a government
of a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise that is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
impact on a substantial number of small entities. This rule does not
impose any requirements or create impacts on small entities. This
proposed SIP disapproval under section 110 and subchapter I, part D, of
the CAA will not create any new requirements but simply disapproves
certain State requirements for inclusion into the SIP. Accordingly, it
affords no opportunity for EPA to fashion for small entities less
burdensome compliance or reporting requirements or timetables or
exemptions from all or part of the rule. The fact that the CAA
prescribes that various consequences (e.g., higher offset requirements)
may or will flow from this disapproval does not mean that EPA either
can or must conduct a regulatory flexibility analysis for this action.
Therefore, this action will not have a significant economic impact on a
substantial number of small entities.
    We continue to be interested in the potential impacts of this
proposed rule on small entities and welcome comments on issues related
to such impacts.
Unfunded Mandates Reform Act
    This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector.'' EPA has determined that the proposed disapproval action does
not include a Federal mandate that may result in estimated costs of
$100 million or more to either State, local, or tribal governments in
the aggregate, or to the private sector. This action proposes to
disapprove pre-existing requirements under State or local law, and
imposes no new requirements. Accordingly, no additional costs to State,
local, or tribal governments, or to the private sector, result from
this action.
Executive Order 13132: Federalism
    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on 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.''
    This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132, because it merely disapproves
certain State requirements for inclusion into the SIP and does not
alter the relationship or the distribution of power and
responsibilities established in the CAA. Thus, Executive Order 13132
does not apply to this action.
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP
EPA is proposing to disapprove would not apply in Indian country
located in the state, and EPA notes that it will not impose substantial
direct costs on tribal governments or preempt tribal law. Thus,
Executive Order 13175 does not apply to this action.
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it because it is
not an economically significant regulatory action based on health or
safety risks subject to Executive Order 13045 (62 FR 19885, April 23,
1997). This proposed SIP disapproval under section 110 and subchapter
I, part D, of the CAA will not create any new regulations but simply
disapproves certain State requirements for inclusion into the SIP.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
    This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001) because it is not a significant regulatory action under
Executive Order 12866.
National Technology Transfer Advancement Act
    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) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. NTTAA directs EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use available and applicable voluntary consensus standards.

    The EPA believes that this action is not subject to requirements of
Section 12(d) of NTTAA because application of those requirements would
be inconsistent with the CAA.
Executive Order 12898: Federal Actions To Address Environmental Justice
in Minority Populations and Low-Income Populations
    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    Consistent with EPA guidance addressing Executive Order 12898, EPA
has determined that this proposed rule will not have disproportionately
high and adverse human health or environmental health effects on
minority or low-income populations because it increases the level of
environmental protection for all affected populations without having
any disproportionately high and adverse human health or environmental
effects on any population, including any minority or low-income
population. States' EPA-approved PSD and NSR regulations must meet
certain minimum requirements promulgated by EPA, and these regulations
apply to all affected populations within the State of Wisconsin. This
action proposes to disapprove the portions of Wisconsin's SIP that do
not contain certain EPA-promulgated minimum requirements.
Statutory Authority
    The statutory authority for this action is provided by sections 110
of the CAA, as amended (42 U.S.C. 7410).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Ozone, Particulate matter, Reporting and recordkeeping
requirements.

    Dated: April 9, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-9608 Filed 4-19-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: February 3, 2010 (Volume 75, Number 22)]
[Rules and Regulations]
[Page 5511-5513]
[DOCID:fr03fe10-7]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0878]
RIN 1625-AA00

Safety Zone; AICW Closure Safety Zone for Ben Sawyer Bridge
Replacement Project, Sullivan's Island, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Atlantic Intracoastal Waterway for the safe
removal and replacement of the old and new approach spans of the Ben
Sawyer Swing Bridge. This regulation is necessary to protect life and
property on the navigable waters of the Atlantic Intracoastal Waterway
from the dangers associated with the construction project. No vessel or
person is allowed in this zone unless authorized by the Captain of the
Port or a designated representative.

DATES: Effective Date: this rule is effective in the CFR from February
3, 2010 until 11:59 p.m. February 13, 2010. This rule is effective with
actual notice for purposes of enforcement beginning 7 a.m. February 3,
2010.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2009-0878 and are available online by going to
http://www.regulations.gov, inserting USCG-2009-0878 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Lieutenant Julie Miller, Sector
Charleston office of Waterways Management Coast Guard; telephone 843-
720-3273, e-mail<EMAIL_ADDRESS>If you have any questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because hazards associated with the bridge
replacement, including potential falling debris and the use of heavy
equipment and machinery in the waterway, could lead to severe injury,
fatalities and/or destruction of public property. Therefore, immediate
action is needed to ensure the public's safety from the hazards noted
above.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register for the same reasons as stated
above.

Background and Purpose

    The removal and replacement of the old and new spans of the Ben
Sawyer Bridge are scheduled to begin on February 3, 2010. This
operation presents a potential hazard to mariners from falling debris
and the use of heavy equipment and machinery. To provide for the safety
of the public, the Coast Guard will temporarily restrict access to this
section of the Atlantic Intracoastal Waterway during bridge replacement
operations.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone to
encompass the waters of the Atlantic Intracoastal Waterway Mile 462.2,
extending 180 yards northwest of the Ben Sawyer Bridge, and 220 yards
southwest of the Ben Sawyer Bridge (32[deg]46.22 N, 079[deg]50.31 W
(NAD 1983)). The actual date of the bridge spans removal and
replacement is subject to change due to weather and other scheduling
constraints. Notification of the safety zone will be announced through
broadcast notice to mariners, marine safety information bulletins,
local media press releases, and on-scene Coast Guard assets. Marine
traffic will not be permitted to enter the safety zone without
permission of the Captain of the Port Charleston or his designated
representative. Traffic needing permission to pass through the safety
zone can contact the COTP on VHF-FM channel 16 or via phone at (843)
740-7050.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    Although this regulation will restrict access to the area, the
effect of the rule will not be significant because the safety zone will
only be in effect for a short duration and only affects a small portion
of the waterway. Additionally, advanced outreach and notification to
marine traffic notifying them of the upcoming closure will occur,
therefore marine traffic should be able to plan transits around closure
dates or plan safe alternate transit routes if transiting during the
expected closure dates.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: the owners and operators of vessels intending to
transit the affected portion of the Atlantic Intracoastal Waterway from
7 a.m. on February 3, 2010 to 11:59 p.m. on February 13, 2010. This
impact will not be significant but may have impact on routine
navigation because the safety zone will be effective for 10 days and
close down the entire portion of the Atlantic Intracoastal Waterway.
Although the safety zone will apply to the entire width of the Atlantic
Intracoastal Waterway channel at the Ben Sawyer Bridge, the Coast Guard
will outreach to traffic in advance of the bridge closure, so that they
may schedule trips and plan alternate routes accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph 34(g),
of the Instruction. This rule establishes a temporary safety zone to
protect the public from bridge replacement operations. An environmental
analysis checklist and a categorical exclusion determination will be
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1

0
2. Add Sec.  165.T07-0078 to read as follows:

Sec.  165.T07-0078  Safety Zone; AICW Closure Safety Zone for Ben
Sawyer Bridge Replacement Project, Sullivan's Island, SC.

    (a) Location. The Coast Guard is establishing a temporary safety
zone for the Ben Sawyer Bridge span replacement project at the Ben
Sawyer Bridge located at Atlantic Intracoastal Waterway Mile 462.2
(32[deg]46.22 N, 079[deg]50.31 W (NAD 1983)). The safety zone will
encompass the entire waterway from 180 yards northwest of the Ben
Sawyer Bridge to 220 yards southwest of the Bridge.
    (b) Definition. The following definition applies to this section:
    Designated representative means Coast Guard Patrol Commanders
including Coast Guard coxswains, petty officers, and other officers
operating Coast Guard vessels, and federal, state, and local officers
designated by or assisting the Captain of the Port Charleston, South
Carolina.
    (c) Regulations. In accordance with the general regulations in
Sec.  165.23 of this part, no person or vessel may anchor, moor, or
transit the safety zone without permission of the Captain of the Port
Charleston, South Carolina, or his designated representative. The Coast
Guard will issue a broadcast notice to mariners to advise mariners of
the restriction.
    (d) Effective Period. This rule will be enforced from 7 a.m.
February 3, 2010 through 11:59 p.m. February 13, 2010.

M.F. McAllister,
Captain, U.S. Coast Guard, Captain of the Port Charleston South
Carolina.
[FR Doc. 2010-2215 Filed 2-2-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Rules and Regulations]
[Pages 15609-15611]
[FR Doc No: 2023-05060]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1653; Project Identifier MCAI-2022-01193-T;
Amendment 39-22370; AD 2023-05-01]
RIN 2120-AA64

Airworthiness Directives; De Havilland Aircraft of Canada Limited
(Type Certificate Previously Held by Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain De Havilland Aircraft of Canada Limited Model DHC-8-400 series
airplanes. This AD was prompted by reports of flap power unit (FPU)
pressure switch failures resulting in flap inoperative events. This AD
requires replacing the FPU or replacing the FPU pressure switch and
reidentifying the FPU. This AD also prohibits the installation of
affected parts. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective April 18, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 18,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1653; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For service information identified in this final rule,
contact De Havilland Aircraft of Canada Limited, Dash 8 Series Customer
Response Centre, 5800 Explorer Drive, Mississauga, Ontario, L4W 5K9,
Canada; telephone North America (toll-free):<PHONE_NUMBER>, Direct: 647-
277-5820; email dehavilland.com">[email protected]dehavilland.com; website dehavilland.com.
     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>. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2022-1653.

FOR FURTHER INFORMATION CONTACT: Gabriel Kim, Aerospace Engineer,
Mechanical Systems and Administrative Services Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain De Havilland
Aircraft of Canada Limited Model DHC-8-400 series airplanes. The NPRM
published in the Federal Register on December 23, 2022 (87 FR 78881).
The NPRM was prompted by AD CF-2022-52, dated September 1, 2022, issued
by Transport Canada, which is the aviation authority for Canada
(Transport Canada AD CF-2022-52) (also referred to as the MCAI). The
MCAI states there have been increasing reports of FPU pressure switch
failures, part number (P/N) 150135-1 or P/N 162660-1, over the past
year leading to a high number of flap inoperative events in flight and
on the ground. An investigation has determined the root cause to be a
deformation of the FPU pressure switch internal mechanism due to
hydraulic pressure spikes. If not corrected, a failed FPU pressure
switch could lead to a failure of the FPU resulting in abnormal flap
landings and increased landing distances, which could require the use
of emergency landing procedures and/or airfield diversions. The
improved pressure switch, P/N 162660-2, has a restrictor insert in the
pressure switch inlet.
    In the NPRM, the FAA proposed to require replacing the FPU pressure
switch or the FPU. The NPRM also proposed to prohibit the installation
of affected parts. The FAA is issuing this AD to address the unsafe
condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1653.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the cost to the public.

Explanation of Additional Changes

    In the NPRM, the FAA inadvertently omitted the operational test of
the wing flaps specified in Section 3.C. paragraph (2) of De Havilland
Aircraft of Canada Limited Service Bulletin 84-27-75, dated June 23,
2022, including Collins Aerospace Service Bulletin 27-0029, dated June
13, 2022. The MCAI requires this step, which is important to ensure the
aircraft is airworthy before it is returned to service. The FAA has
therefore revised paragraphs (g)(1) and (2) of this AD to clarify that
the operational test is required by this AD.
    The FAA has revised paragraph (g)(2) of this AD to clarify that De
Havilland Aircraft of Canada Limited Service Bulletin 84-27-75, dated
June 23, 2022, including Collins Aerospace Service Bulletin 27-0029,
dated June 13, 2022, is the appropriate service information for
accomplishing the actions in this AD. The FAA had referred to these
bulletins separately, but since they are published as one document, the
FAA corrected the citation.

Conclusion

    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 this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data and determined
that air safety requires adopting this AD as proposed. Accordingly, the
FAA is issuing this AD to address the unsafe condition on this product.
Except for minor editorial changes, and any other changes described
previously, this AD is adopted as proposed in the NPRM. None of the
changes will increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed De Havilland Aircraft of Canada Limited Service
Bulletin 84-27-75, dated June 23, 2022, including Collins Aerospace
Service Bulletin 27-0029, dated June 13, 2022. This service information
specifies procedures for replacing FPU P/N C148656-1 or C148656-2 with
a new FPU P/N C148656-3, or replacing FPU pressure switch P/N 150135-1
or 162660-1 within the FPU with a new pressure switch P/N 162660-2 and
re-identifying the FPU as P/N C148656-3, and accomplishing an
operational test of the wing flaps. 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 ADDRESSES
section.

Costs of Compliance

    The FAA estimates that this AD affects 53 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 6 work-hours x $85 per hour =    Up to $3,000...........  Up to $3,510...........  Up to $186,030.
 $510.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.

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

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,

    (2) 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 Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2023-05-01 De Havilland Aircraft of Canada Limited (Type Certificate
Previously Held by Bombardier, Inc.): Amendment 39-22370; Docket No.
FAA-2022-1653; Project Identifier MCAI-2022-01193-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 18, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to De Havilland Aircraft of Canada Limited (Type
Certificate previously held by Bombardier, Inc.) Model DHC-8-401 and
-402 airplanes, certificated in any category, serial numbers 4001
and 4003 through 4633 inclusive.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of flap power unit (FPU)
pressure switch failures resulting in flap inoperative events. The
FAA is issuing this AD to address FPU pressure switch failures. The
unsafe condition, if not addressed, could result in abnormal flap
landings and increased landing distances, which could require the
use of emergency landing procedures and/or airfield diversions.

(f) Compliance

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

(g) Requirements

    Within 8,000 flight hours or 48 months after the effective date
of this AD, whichever occurs first: Do the actions specified in
either paragraph (g)(1) or (2) of this AD.
    (1) Replace FPU part number (P/N) C148656-1 or C148656-2 with P/
N C148656-3 and do an operational test of the wing flaps in
accordance with Section 3.B. paragraph (1) and Section 3.C.
paragraph (2), of the Accomplishment Instructions of De Havilland
Aircraft of Canada Limited Service Bulletin 84-27-75, dated June 23,
2022, including Collins Aerospace Service Bulletin 27-0029, dated
June 13, 2022.
    (2) Replace FPU pressure switch P/N 150135-1 or 162660-1 with P/
N 162660-2, reidentify the FPU as P/N C148656-3, and do an
operational test of the wing flaps in accordance with Section 3.B.
paragraph (2) and Section 3.C. paragraph (2), of the Accomplishment
Instructions of De Havilland Aircraft of Canada Limited Service
Bulletin 84-27-75, dated June 23, 2022, including Collins Aerospace
Service Bulletin 27-0029, dated June 13, 2022.

(h) Parts Installation Prohibition

    As of the effective date of this AD, do not install a FPU having
P/N C148656-1 or C148656-2 or a FPU pressure switch having P/N
150135-1 or 162660-1 on any airplane.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the responsible Flight
Standards 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, New York ACO
Branch, FAA; or Transport Canada; or De Havilland Aircraft of Canada
Limited's Transport Canada Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature.

(j) Additional Information

    (1) Refer to Transport Canada AD CF-2022-52, dated September 1,
2022, for related information. This Transport Canada AD may be found
in the AD docket at regulations.gov under Docket No. FAA-2022-1653.
    (2) For more information about this AD, contact Gabriel Kim,
Aerospace Engineer, Mechanical Systems and Administrative Services
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) De Havilland Aircraft of Canada Limited Service Bulletin 84-
27-75, dated June 23, 2022, including Collins Aerospace Service
Bulletin 27-0029, dated June 13, 2022.
    Note 1 to paragraph (k)(2)(i): De Havilland issued De Havilland
Service Bulletin 84-27-75, dated June 23, 2022, with Collins
Aerospace Service Bulletin 27-0029, dated June 13, 2022, attached as
one ``merged'' file for the convenience of affected operators.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact De
Havilland Aircraft of Canada Limited, Dash 8 Series Customer
Response Centre, 5800 Explorer Drive, Mississauga, Ontario, L4W 5K9,
Canada; telephone North America (toll-free):<PHONE_NUMBER>, Direct:
647-277-5820; email dehavilland.com">[email protected]dehavilland.com; website dehavilland.com.
    (4) 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>.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 2, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-05060 Filed 3-13-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Notices]
[Page 70121]
[FR Doc No: 2021-26669]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP22-388-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Update (SoCal Dec 2021) to be effective 12/2/2021.
    Filed Date: 12/2/21.
    Accession Number: 20211202-5123.
    Comment Date: 5 p.m. ET 12/14/21.

    Docket Numbers: RP22-389-000.
    Applicants: Rover Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Summary of Negotiated Rate
Capacity Release Agreements on 12-2-21 to be effective 12/1/2021.
    Filed Date: 12/2/21.
    Accession Number: 20211202-5159.
    Comment Date: 5 p.m. ET 12/14/21.

    Docket Numbers: RP22-390-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Rate Schedule S-2 Tracker
Filing (ASA/PCB) eff 12/1/2021 to be effective 12/1/2021.
    Filed Date: 12/2/21.
    Accession Number: 20211202-5165.
    Comment Date: 5 p.m. ET 12/14/21.

    Docket Numbers: RP22-391-000.
    Applicants: West Texas Gas Utility, LLC.
    Description: Sec.  4(d) Rate Filing: West Texas Gas Utility, LLC
Revision to Update Name in Tariff to be effective 12/3/2021.
    Filed Date: 12/2/21.
    Accession Number: 20211202-5173.
    Comment Date: 5 p.m. ET 12/14/21.

    Docket Numbers: RP22-392-000.
    Applicants: ETC Tiger Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: NRA Revised Exhibits--
Chesapeake to be effective 11/1/2021.
    Filed Date: 12/2/21.
    Accession Number: 20211202-5216.
    Comment Date: 5 p.m. ET 12/14/21.

    Docket Numbers: RP22-393-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Colonial OPT30- 259925 Rev
Share Neg Rate Agreement to be effective 12/1/2021.
    Filed Date: 12/2/21.
    Accession Number: 20211202-5222.
    Comment Date: 5 p.m. ET 12/14/21.

    Docket Numbers: RP22-394-000.
    Applicants: Colorado Interstate Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Update Filing (BHSC #218854) to be effective 1/1/2022.
    Filed Date: 12/2/21.
    Accession Number: 20211202-5246.
    Comment Date: 5 p.m. ET 12/14/21.

    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.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    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: December 3, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-26669 Filed 12-8-21; 8:45 am]
BILLING CODE 6717-01-P