[Federal Register Volume 83, Number 236 (Monday, December 10, 2018)]
[Rules and Regulations]
[Pages 63405-63406]
[FR Doc No: 2018-26567]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0825; Airspace Docket No. 18-ASO-17]
RIN 2120-AA66

Amendment of Class D and Class E Airspace; Louisville, KY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, correction.

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SUMMARY: This editorial amendment corrects the legal description
published in the Federal Register on September 11, 2018, amending Class
E surface area for Louisville International Airport, Louisville, KY, by
removing excessive language (E-104) from the Class E surface area legal
description.

DATES: Effective 0901 UTC, February 28, 2019. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends Class E airspace at Louisville International Airport,
Louisville, KY, to support IFR operations at the airport.

History

    The FAA published a final rule in the Federal Register (83 FR
45820, September 11, 2018) for Doc. No. FAA-2018-0825, amending Class D
airspace and Class E surface airspace at Bowman Field Airport,
Louisville, KY, that contained a clerical error in the airspace legal
description. `E-104' was incorrectly placed after the geographic
coordinates of Louisville International Airport, KY under the Class E
surface airspace.
    Class E airspace designation are published in paragraph 6002, of
FAA Order 7400.11C dated August 13, 2018, and effective September 15,
2018, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11C, Airspace Designations and
Reporting Points, dated August 13, 2018, and effective September 15,
2018. FAA Order 7400.11C is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11C lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by correcting a clerical error in the regulatory text of Class
E airspace extending upward from the surface at Louisville
International Airport, Louisville, KY. The text is corrected to read,
`(Lat. 38[deg]10'27'' N, long. 85[deg]44'11'' W).'
    Section 553(b)(3)(B) of the Administrative Procedures Act (5
U.S.C.) authorizes agencies to dispense with notice and comment
procedure when the agency for ``good cause'' finds that these
procedures are ``impracticable, or contrary to the public interest.''
Accordingly, action is taken herein to remove `E-104' from the
geographic coordinates for Louisville International Airport. Therefore,
in the interest of flight safety, I find that notice and public
procedure under 5 U.S.C. 553(b) are impracticable and contrary to the
public interest. Section 553(d) of the Administrative Procedures Act (5
U.S.C.) authorizes agencies to determine an effective date of less than
30 days after publication for good cause found and published with the
rule. In consideration of the need to correct the airspace description
for Louisville International Airport and to avoid confusion on the part
of pilots flying in the vicinity of airport, the FAA finds good cause
for making this amendment effective in less than 30 days in order to
promote the safe and efficient handling of air traffic in the area.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
only affects air traffic procedures and air navigation, it is certified
that this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018,
effective September 15, 2018, is amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

* * * * *

ASO KY E2 Louisville, KY [Amended]

Bowman Field Airport, KY
    (Lat. 38[deg]13'41'' N, long. 85[deg]39'49'' W)
Louisville International Airport, KY
    (Lat. 38[deg]10'27'' N, long. 85[deg]44'11'' W)

    That airspace extending upward from the surface within a 3.9-
mile radius of Bowman Field Airport, excluding that portion within
the Louisville International Airport Field Class C airspace area,
and excluding that portion south of the 081[deg] bearing from
Louisville International Airport, and also excluding that portion
north of the Louisville International Airport Class C airspace area
and west of a line drawn from lat. 38[deg]11'28'' N, long.
85[deg]42'01'' W direct thru the point where the 030[deg] bearing
from Louisville International Airport intersects the 5-mile radius
from Louisville International Airport to the point of intersection
with the 3.9-mile radius from Bowman Field Airport. This Class E
airspace area is effective during the specific dates and times
established in advance by a Notice to Airmen. The effective date and
time will thereafter be continuously published in the Chart
Supplement.

    Issued in College Park, Georgia, on November 29, 2018.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2018-26567 Filed 12-7-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 199 (Friday, October 14, 2011)]
[Notices]
[Pages 63936-63937]
[FR Doc No: 2011-26520]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2011-0024; OMB No. 1660-0087]

Agency Information Collection Activities: Proposed Collection;
Comment Request; PrepCAST

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: The Federal Emergency Management Agency, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public and other Federal agencies to take this opportunity
to comment on a proposed revision of a currently approved information
collection. In accordance with the Paperwork Reduction Act of 1995,
this notice seeks comments concerning revision of the Preparedness
Comprehensive Assessment Support Tool (PrepCAST) (formerly known as the
National Incident Management System Compliance Assistance Support Tool
(NIMSCAST)). PrepCAST is a self-assessment tool for State, territorial,
Tribal, and local governments to evaluate and report on their
jurisdiction's achievement with regard to the National Incident
Management System (NIMS) implementation activities relating to the
preparedness of the respondent to react to emergency incidents. This
information collection request is being resubmitted to remove the State
Preparedness Report (SPR) from the PrepCAST data collection activity.
The SPR will be resubmitted as a separate collection of information for
OMB approval.

DATES: Comments must be submitted on or before December 13, 2011.

ADDRESSES: To avoid duplicate submissions to the docket, please use
only one of the following means to submit comments:
    (1) Online. Submit comments at http://www.regulations.gov under
Docket ID FEMA-2011-0024. Follow the instructions for submitting
comments.
    (2) Mail. Submit written comments to Docket Manager, Office of
Chief Counsel, DHS/FEMA, 500 C Street, SW., Room 835, Washington, DC
20472-3100.
    (3) Facsimile. Submit comments to<PHONE_NUMBER>.
    (4) E-mail. Submit comments to<EMAIL_ADDRESS>Include Docket
ID FEMA-2011-0024 in the subject line.
    All submissions received must include the agency name and Docket
ID. Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy Act
notice that is available via the link in the footer of http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Cathy R. Knight, Program Analyst,
National Preparedness Assessment Division,<PHONE_NUMBER> for additional
information. You may contact the Records Management Division for copies
of the proposed collection of information at facsimile number (202)

646-3347 or e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In 2003, Homeland Security Presidential
Directive-8: National Preparedness (HSPD-8) called for establishing a
system that would assess the Nation's overall preparedness and provide
an annual status report of national preparedness. Three years later,
the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA)
included requirements to establish a ``comprehensive system to assess,
on an ongoing basis, the Nation's prevention capabilities and overall
preparedness.''
    The National Preparedness Directorate (NPD) within FEMA is charged
with developing the Comprehensive Assessment System (CAS). The CAS
will, as mandated by 6 U.S.C. 749, assess compliance with the national
preparedness system, the National Incident Management System (NIMS),
and other related plans; assess capability levels against target
levels; assess resource needs to meet target levels; and assess the
performance of training, exercises, and operations.

Collection of Information

    Title: PrepCAST.
    Type of Information Collection: Revision of a currently approved
information collection.
    OMB Number: 1660-0087.
    Form Titles and Numbers: None.
    Abstract: PrepCAST is a collection instrument that will collect
preparedness information at the State, local, and Tribal jurisdiction
level. It also collects National Incident Management System (NIMS)
compliance information. It is being deployed to eliminate the redundant
data calls on national preparedness to reduce the burden on
respondents. Ultimately the collection will provide insight into the
overall preparedness level of the Nation.
    Affected Public: State, local, or Tribal Government.
    Estimated Total Annual Burden Hours: 19,630 hours.
    Estimated Cost: There is no annual reporting and recordkeeping cost
associated with this collection.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) Evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

Gary L. Anderson,
Acting Chief Administrative Officer, Mission Support Bureau, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2011-26520 Filed 10-13-11; 8:45 am]
BILLING CODE 9110-46-P


[Federal Register Volume 87, Number 57 (Thursday, March 24, 2022)]
[Notices]
[Page 16724]
[FR Doc No: 2022-06240]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 Notice of Effectiveness of Exempt Wholesale Generator Status

------------------------------------------------------------------------
                                                     Docket No.
------------------------------------------------------------------------
El Sauz Ranch Wind, LLC..................  EG22-27-000
Northern Wind Energy Redevelopment, LLC..  EG22-28-000
Red Barn Energy, LLC.....................  EG22-29-000
Rock Aetna Power Partners, LLC...........  EG22-30-000
Arrow Canyon Solar, LLC..................  EG22-31-000
Flower Valley II LLC.....................  EG22-32-000
Mesa Wind Power LLC......................  EG22-33-000
AM Wind Repower LLC......................  EG22-34-000
Mulligan Solar, LLC......................  EG22-35-000
Lancaster Area Battery Storage, LLC......  EG22-36-000
------------------------------------------------------------------------

    Take notice that during the month of February 2022, the status of
the above-captioned entities as Exempt Wholesale Generators became
effective by operation of the Commission's regulations. 18 CFR 366.7(a)
(2021).

    Dated: March 18, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-06240 Filed 3-23-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Notices]
[Pages 76141-76145]
[FR Doc No: 2012-30886]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68455; File No. SR-CHX-2012-14]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to Telemarketing Rules

December 18, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Exchange Act'' or ``Act''), \1\ and Rule 19b-4 \2\ thereunder,
notice is hereby given that on December 4, 2012, the Chicago Stock
Exchange, Inc. (``CHX'' or the ``Exchange'') 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. CHX has filed this proposal pursuant to Exchange Act
Rule 19b-4(f)(6) \3\ which is effective upon filing with the
Commission.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CHX proposes to amend its rules to adopt provisions that are
substantially similar in all material respects to Financial Industry
Regulatory Authority (``FINRA'') Rule 3230 (Telemarketing), which the
Commission recently approved.\4\ In turn, FINRA's rule was modeled
after and is substantially similar to Federal Trade Commission
(``FTC'') rules that prohibit deceptive and other abusive telemarketing
acts or practices.\5\ The text of this proposed rule change is
available on the Exchange's Web site at (www.chx.com) and in the
Commission's Public Reference Room.
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    \4\ See Exchange Act Release No. 66279 (Jan. 30, 2012), 77 FR
5611 (Feb. 3, 2012) (SR-FINRA-2011-059) (approval order of proposed
rule change to adopt telemarketing rule).
    \5\ 16 CFR 310.1-.9. The FTC adopted rules under the
Telemarketing Consumer Fraud and Abuse Prevention Act of 1994
(``Prevention Act'') in 1995. See Federal Trade Commission,
Telemarketing Sales Rule, 60 FR 43842 (Aug. 23, 1995). Since the FTC
rule is the model for the FINRA rule and the CHX rule, subsequent
references will be to the FTC rule.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, CHX included statements
concerning the purpose of and basis for the proposed rule changes and
discussed any comments it received regarding the proposal. The text of
these statements may be examined at the places specified in Item IV
below. CHX 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 Changes

1. Purpose
    The Exchange proposes to amend Article 8, Rule 13 (Advertising and
Promotion) to adopt provisions that are substantially similar to FTC
rules that prohibit deceptive and other abusive telemarketing acts or
practices.\6\
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    \6\ See supra note 5.
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    The Prevention Act required, among other things, the Commission to
promulgate, or direct any national securities exchange or registered
securities associations to promulgate, rules substantially similar to
the FTC rules \7\ to prohibit deceptive and other abusive telemarketing
acts or practices, unless the Commission determines either that the
rules are not necessary or appropriate for the protection of investors
or the maintenance of orderly markets or that existing federal
securities laws or Commission rules already provide for such
protection.\8\ To this end, in May 2011, Commission staff directed the
Exchange to conduct a review of its telemarketing rule and propose rule
amendments that provide protections that are at least as strong as
those provided by the FTC's telemarketing rules.\9\
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    \7\ Id.
    \8\ 15 U.S.C. 6102.
    \9\ See Letter from Robert W. Cook, Director, Division of
Trading and Markets, Securities and Exchange Commission, to David A.
Herron, Chief Executive Officer of CHX, Inc. (May 12, 2011).
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Proposed CHX Article 8, Rule 13
    Based on the aforementioned considerations, the proposed rule
change to CHX Article 8, Rule 13, adopts new rule text that is
substantially similar to the FTC's rules that prohibit deceptive and
other abusive telemarketing acts or practices as described below.\10\
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    \10\ See supra note 5.
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General Telemarketing Restrictions
    Proposed CHX Article 8, Rule 13(d) provides that no Participant or
associated person therewith may initiate any outbound telephone call
\11\ to:
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    \11\ An ``outbound telephone call'' is a telephone call
initiated by a telemarketer to induce the purchase of goods or
services or to solicit a charitable contribution from a donor. A
``customer'' is any person who is or may be required to pay for
goods or services through telemarketing. A ``donor'' means any
person solicited to make a charitable contribution. A ``person'' is
any individual, group, unincorporated association, limited or
general partnership, corporation, or other business entity.
``Telemarketing'' means consisting of or relating to a plan,
program, or campaign involving at least one outbound telephone call,
for example cold-calling. The term does not include the solicitation
of sales through the mailing of written marketing materials, when
the person making the solicitation does not solicit customers by
telephone but only receives calls initiated by customers in response
to the marketing materials and during those calls takes orders only
without further solicitation. For purposes of the previous sentence,
the term ``further solicitation'' does not include providing the
customer with information about, or attempting to sell, anything
promoted in the same marketing materials that prompted the
customer's call. See proposed CHX Article 8, Rule 13(p)(11), (14),
(16), (17), and (20); see also FINRA Rule 3230(m)(11), (14), (16),
(17), and (20); and 16 CFR 310.2(f), (l), (n), (v), (w), and (dd).
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    1. Any residence of a person before the hour of 8:00 a.m. or after
9:00 p.m. local time at the called person's

location, unless the Participant has an established business
relationship \12\ with the person pursuant to subparagraph (p)(12), the
Participant has received that person's prior express invitation or
permission, or the person called is a broker or dealer;
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    \12\ An ``established business relationship'' is a relationship
between a Participant and a person if (i) the person has made a
financial transaction or has a security position, a money balance,
or account activity with the Participant or at a clearing firm that
provides clearing services to the Participant within the 18 months
immediately preceding the date of an outbound telephone call; (b)
the Participant is the broker-dealer of record for an account of the
person within the 18 months immediately preceding the date of an
outbound telephone call; or (c) the person has contacted the
Participant to inquire about a product or service offered by the
Participant within the three months immediately preceding the date
of an outbound telephone call. A person's established business
relationship with a Participant does not extend to the Participant's
affiliated entities unless the person would reasonably expect them
to be included. Similarly, a person's established business
relationship with a Participant's affiliate does not extend to the
Participant unless the person would reasonably expect the
Participant to be included. The term ``account activity'' includes,
but is not limited to, purchases, sales, interest credits or debits,
charges or credits, dividend payments, transfer activity, securities
receipts or deliveries, and/or journal entries relating to
securities or funds in the possession or control of the Participant.
The term ``broker-dealer of record'' refers to the broker or dealer
identified on a customer's account application for accounts held
directly at a mutual fund or variable insurance product issuer. See
proposed CHX Article 8, Rule 13(p)(1), (4), and (12); see also 16
CFR 310.2(o) and FINRA Rule 3230(m)(1), (4), and (12).
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    2. any person that previously has stated that he or she does not
wish to receive an outbound telephone call made by or on behalf of the
Participant; or
    3. any person who has registered his or her telephone number on the
FTC's national do-not-call registry.
    The proposed rule change is substantially similar to the FTC's
provisions regarding abusive telemarketing acts or practices.\13\ The
FTC provided a discussion of the provision when it was adopted pursuant
to the Prevention Act.\14\
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    \13\ See 16 CFR 310.4(b)(1)(iii)(A) and (B) and (c); see also
FINRA Rule 3230(a).
    \14\ See Federal Trade Commission, Telemarketing Sales Rule, 68
FR 4580 (Jan. 29, 2003) at 4628; and Federal Trade Commission,
Telemarketing Sales Rule, 60 FR 43842 (Aug. 23, 1995) at 43855.
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National Do-Not-Call List Exceptions
    Proposed CHX Article 8, Rule 13(e) provides that the Participant
making outbound telephone calls to any person who has registered his or
her telephone number on the FTC's national do-not-call registry will
not be liable for violating the prohibition in paragraph (d)(3) if:
    1. The Participant has an established business relationship with
the recipient of the call; \15\
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    \15\ A person's request to be placed on the firm-specific do-
not-call list terminates the established business relationship
exception to that national do-not-call list provision for that
Participant even if the person continues to do business with the
Participant.
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    2. the Participant has obtained the person's prior express
invitation or permission; \16\ or
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    \16\ Such permission must be evidenced by a signed, written
agreement (which may be obtained electronically under the E-Sign Act
(see 15 U.S.C. 7001 et seq.) between the person and Participant
which states that the person agrees to be contacted by the
Participant and includes the telephone number to which the calls may
be placed.
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    3. the associated person making the call has a personal
relationship \17\ with the recipient of the call.
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    \17\ The term ``personal relationship'' means any family member,
friend, or acquaintance of the person making an outbound telephone
call. See proposed CHX Article 8, Rule 13(p)(18); see also FINRA
Rule 3230(m)(18).
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    The proposed rule change is substantially similar to the FTC's
provision regarding an exception to the prohibition on making outbound
telephone calls to persons on the FTC's do-not-call registry.\18\ The
FTC provided a discussion of the provision when it was adopted pursuant
to the Prevention Act.\19\
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    \18\ See 16 CFR 3l0.4(b)(1)(iii)(B); see also FINRA Rule
3230(b).
    \19\ See Federal Trade Commission, Telemarketing Sales Rule, 68
FR 4580 (Jan. 29, 2003) at 4628; and Federal Trade Commission,
Telemarketing Sales Rule, 60 FR 43842 (Aug. 23, 1995) at 43854.
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Safe Harbor Provision
    Proposed CHX Article 8, Rule 13(f) provides that the Participant or
person associated therewith making outbound telephone calls will not be
liable for initiating any outbound telephone call to any person who has
registered his or her telephone number on the FTC's national do-not-
call registry if the Participant or person associated therewith
demonstrates that the violation is the result of an error and that as
part of the Participant's routine business practice, it meets the
following standards:
    1. The Participant has established and implemented written
procedures to comply with the national do-not-call rules;
    2. the Participant has trained its personnel, and any entity
assisting in its compliance, in procedures established pursuant to the
national do-not-call rules;
    3. the Participant has maintained and recorded a list of telephone
numbers that it may not contact; and
    4. the Participant uses a process to prevent outbound telephone
calls to any telephone number on any list established pursuant to the
do-not-call rules, employing a version of the national do-not-call
registry obtained from the administrator of the registry no more than
thirty-one (31) days prior to the date any call is made, and maintains
records documenting this process.
    The proposed rule change is substantially similar to the FTC's safe
harbor to the prohibition on making outbound telephone calls to persons
on the FTC's national do-not-call registry.\20\ The FTC provided a
discussion of the provision when it was adopted pursuant to the
Prevention Act.\21\
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    \20\ See 16 CFR 310.4(b)(1)(iii)(B); see also FINRA Rule
3230(c).
    \21\ See Federal Trade Commission, Telemarketing Sales Rule, 68
FR 4580 (Jan. 29, 2003) at 4628; and Federal Trade Commission,
Telemarketing Sales Rule, 60 FR 43842 (Aug. 23, 1995) at 43855.
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Procedures
    Proposed CHX Article 8, Rule 13(g) adopts procedures that
Participants must institute to comply with Article 8, Rule 13 prior to
engaging in telemarketing. Such procedures must meet the following
minimum standards:
    1. Participants must have a written policy for maintaining their
firm-specific do-not-call lists.
    2. Personnel engaged in any aspect of telemarketing must be
informed and trained in the existence and use of the Participant's
firm-specific do-not-call list.
    3. If the Participant receives a request from a person not to
receive calls from that Participant, the Participant must record the
request and place the person's name, if provided, and telephone number
on the firm's do-not-call list at the time the request is made.\22\
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    \22\ Participants must honor a person's do-not-call request
within a reasonable time from the date the request was made, which
may not exceed thirty (30) days from the date of such request. If
such requests are recorded or maintained by a party other than the
Participant on whose behalf the outbound telephone call is made, the
Participant on whose behalf the outbound telephone call is made will
be liable for any failures to honor the do-not-call request.
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    4. The Participant or person associated therewith making an
outbound telephone call must provide the called party with the name of
the individual caller, the name of the Participant, an address or
telephone number at which the Participant may be contacted, and that
the purpose of the call is to solicit the purchase of securities or
related service. The telephone number provided may not be a 900 number
or any other number for

which charges exceed local or long distance transmission charges.\23\
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    \23\ See proposed CHX Article 8, Rule 13(g)(4); see also 47 CFR
64.1200(d)(4) and FINRA Rule 3230(d)(4).
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    5. In the absence of a specific request by the person to the
contrary, a person's do-not-call request shall apply to the Participant
making the call, and will not apply to affiliated entities unless the
consumer reasonably would expect them to be included given the
identification of the caller and the product being advertised.
    6. The Participant making outbound telephone calls must maintain a
record of a person's request not to receive further calls.
    Inclusion of this requirement to adopt these procedures will not
create any new obligations on Participants, as they are already subject
to identical provisions under the Federal Communications Commission's
(``FCC'') telemarketing regulations.\24\
---------------------------------------------------------------------------

    \24\ See 47 CFR 64.1200(d); see also FINRA Rule 3230(d).
---------------------------------------------------------------------------

Wireless Communications
    Proposed CHX Article 8, Rule 13(h) states that the provisions set
forth under this Rule are applicable to Participants and persons
associated therewith making outbound telephone calls to wireless
telephone numbers.\25\
---------------------------------------------------------------------------

    \25\ See also FINRA Rule 3230(e).
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Outsourcing Telemarketing
    Proposed CHX Article 8, Rule 13(i) states that if the Participant
uses another entity or person to perform telemarketing services on its
behalf, the Participant remains responsible for ensuring compliance
with all provisions contained in this Rule 13. This proposed rule also
clarifies that Participants must consider whether the entity or person
that the Participant uses for outsourcing, must be appropriately
registered or licensed, where required.\26\
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    \26\ See also FINRA Rule 3230(f).
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Caller Identification Information
    Proposed CHX Article 8, Rule 13(j) provides that any Participant
that engages in telemarketing, as defined in subparagraph (p)(20) of
this Rule, must transmit or cause to be transmitted the telephone
number, and, when made available by the Participant's telephone
carrier, the name of the Participant, to any caller identification
service in use by a recipient of an outbound telephone call. The
telephone number so provided must permit any person to make a do-not-
call request during regular business hours. In addition, any
Participant that engages in telemarketing, as defined in subparagraph
(p)(20) of this Rule, is prohibited from blocking the transmission of
caller identification information.\27\
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    \27\ Caller identification information includes the telephone
number and, when made available by the Participant's telephone
carrier, the name of the Participant.
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    The provisions are similar to the caller identification provisions
in the FTC rules.\28\ Inclusion of these caller identification
provisions in this proposed rule change will not create any new
obligations on Participants, as they are already subject to identical
provisions under FCC telemarketing regulations.\29\
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    \28\ See 16 CFR 310.4(a)(8); see also FINRA Rule 3230(g).
    \29\ See 47 CFR 64.1601(e).
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Unencrypted Consumer Account Numbers
    Proposed CHX Article 8, Rule 13(k) prohibits Participant or persons
associated therewith from disclosing or receiving, for consideration,
unencrypted consumer account numbers for use in telemarketing. The
proposed rule change is substantially similar to the FTC's provision
regarding unencrypted consumer account numbers.\30\ The FTC provided a
discussion of the provision when it was adopted pursuant to the
Prevention Act.\31\ In addition, the term ``unencrypted'' means not
only complete, visible account numbers, whether provided in lists or
singly, but also encrypted information with a key to its decryption.
The proposed definition is substantially similar to the view taken by
the FTC.\32\
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    \30\ See 16 CFR 310.4(a)(6); see also FINRA Rule 3230(h).
    \31\ See Federal Trade Commission, Telemarketing Sales Rule, 68
FR 4580 (Jan. 29, 2003) at 4615.
    \32\ See id. at 4616.
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Submission of Billing Information
    Proposed CHX Article 8, Rule 13(l) requires, for any telemarketing
transaction, a Participant or associated person therewith to obtain the
express informed consent of the person to be charged and to be charged
using the identified account. In addition, in any telemarketing
transaction involving preacquired account information \33\ and a free-
to-pay conversion \34\ feature, the Participant or person associated
therewith must:
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    \33\ The term ``preacquired account information'' means any
information that enables a Participant or person associated with a
Participant to cause a charge to be placed against a customer's or
donor's account without obtaining the account number directly from
the customer or donor during the telemarketing transaction pursuant
to which the account will be charged. See proposed CHX Article 8,
Rule 13(p)(19).
    \34\ The term ``free-to-pay conversion'' means, in an offer or
agreement to sell or provide any goods or services, a provision
under which a customer receives a product or service for free for an
initial period and will incur an obligation to pay for the product
or service if he or she does not take affirmative action to cancel
before the end of that period. See proposed CHX Article 8, Rule
13(p)(13).
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    1. Obtain from the customer, at a minimum, the last four (4) digits
of the account number to be charged;
    2. obtain from the customer an express agreement to be charged and
to be charged using the account number pursuant to subparagraph
(l)(1)(A); and
    3. make and maintain an audio recording of the entire telemarketing
transaction.
    In any other telemarketing transaction involving preacquired
account information not described in paragraph (l)(1), the Participant
or person associated therewith must:
    1. identify the account to be charged with sufficient specificity
for the customer to understand what account will be charged; and
    2. obtain from the customer an express agreement to be charged and
to be charged using the account number identified pursuant to
subparagraph (l)(2)(A).
    The proposed rule change is substantially similar to the FTC's
provision regarding the submission of billing information.\35\ The FTC
provided a discussion of the provision when it was adopted pursuant to
the Prevention Act.\36\
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    \35\ See 16 CFR 310.4(a)(7); see also FINRA Rule 3230(i).
    \36\ See Federal Trade Commission, Telemarketing Sales Rule, 68
FR 4580 (Jan. 29, 2003) at 4615.
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Abandoned Calls
    Proposed CHX Article 8, Rule 13(m) prohibits a Participant or
person associated with the Participant from abandoning \37\ any
outbound telemarketing call. The abandoned calls prohibition is subject
to a ``safe harbor'' under proposed subparagraph (m)(2) if:
---------------------------------------------------------------------------

    \37\ An outbound call is ``abandoned'' if a person answers it
and the call is not connected to a person associated with the
Participant within two (2) seconds of the person's completed
greeting.
---------------------------------------------------------------------------

    1. The Participant or person associated therewith employs
technology that ensures abandonment of no more than three (3) percent
of all telemarketing calls answered by a person, measured over the
duration of a single calling campaign, if less than thirty (30) days,
or separately over each successive 30-day period or portion thereof
that the campaign continues;
    2. the Participant or person associated therewith, for each
telemarketing call placed, allows the telephone to ring for at least
fifteen (15) seconds or four (4) rings before disconnecting an
unanswered call;

    3. whenever a person associated with the Participant is not
available to speak with the person answering the telemarketing call
within two (2) seconds after the person's completed greeting, the
Participant or person associated therewith promptly plays a recorded
message that states the name and telephone number of the Participant or
person associated with the Participant on whose behalf the call was
placed; and
    4. the Participant retains records establishing compliance with the
``safe harbor.''
    The proposed rule change is substantially similar to the FTC's
provisions regarding abandoned calls.\38\ The FTC provided a discussion
of the provisions when they were adopted pursuant to the Prevention
Act.\39\
---------------------------------------------------------------------------

    \38\ See 16 CFR 310.4(b)(1)(iv); see also 16 CFR 310.4(b)(4).
    \39\ See Federal Trade Commission, Telemarketing Sales Rule, 68
FR 4580 (Jan. 29, 2003) at 4641.
---------------------------------------------------------------------------

Prerecorded Messages
    Proposed CHX Article 8, Rule 13(n) prohibits the Participant or
person associated therewith from initiating any outbound telemarketing
call that delivers a prerecorded message without a person's express
written agreement \40\ to receive such calls. The proposed rule change
also requires that all prerecorded telemarketing calls provide
specified opt-out mechanisms so that a person can opt out of future
calls. The prohibition does not apply to a prerecorded message
permitted for compliance with the ``safe harbor'' for abandoned calls
under proposed subparagraph (m)(2).
---------------------------------------------------------------------------

    \40\ The express written agreement must: (a) Have been obtained
only after a clear and conspicuous disclosure that the purpose of
the agreement is to authorize the Participant to place prerecorded
calls to such person; (b) have been obtained without requiring,
directly or indirectly, that the agreement be executed as a
condition of purchasing any good or service; (c) evidence the
willingness of the called person to receive calls that deliver
prerecorded messages by or on behalf of the Participant; and (d)
include the person's telephone number and signature (which may be
obtained electronically under the E-Sign Act).
---------------------------------------------------------------------------

    The proposed rule change is substantially similar to the FTC's
provisions regarding prerecorded messages.\41\ The FTC provided a
discussion of the provisions when they were adopted pursuant to the
Prevention Act.\42\
---------------------------------------------------------------------------

    \41\ See 16 CFR 310.4(b)(1)(v); see also FINRA Rule 3230(k).
    \42\ See Federal Trade Commission, Telemarketing Sales Rule, 73
FR 51164 (Aug. 29, 2008) at 51165.
---------------------------------------------------------------------------

Credit Card Laundering
    Proposed CHX Article 8, Rule 13(o) prohibits credit card
laundering, the practice of depositing into the credit card system \43\
a sales draft that is not the result of a credit card transaction
between the cardholder \44\ and the Participant. Except as expressly
permitted, the proposed rule change prohibits the Participant or
associated person therewith from:
---------------------------------------------------------------------------

    \43\ The term ``credit card system'' means any method or
procedure used to process credit card transactions involving credit
cards issued or licensed by the operator of that system. The term
``credit card'' means any card, plate, coupon book, or other credit
device existing for the purpose of obtaining money, property, labor,
or services on credit. The term ``credit'' means the right granted
by a creditor to a debtor to defer payment of debt or to incur debt
and defer its payment. See proposed CHX Article 8, Rule 13(p)(7),
(8), and (10).
    \44\ The term ``cardholder'' means a person to whom a credit
card is issued or who is authorized to use a credit card on behalf
of or in addition to the person to whom the credit card is issued.
See proposed CHX Article 8, Rule 13(p)(6).
---------------------------------------------------------------------------

    1. Presenting or depositing into, the credit card system for
payment, a credit card sales draft \45\ generated by a telemarketing
transaction that is not the result of a telemarketing credit card
transaction between the cardholder and the Participant;
---------------------------------------------------------------------------

    \45\ The term ``credit card sales draft'' means any record or
evidence of a credit card transaction. See proposed CHX Article 8,
Rule 13(p)(9).
---------------------------------------------------------------------------

    2. employ, solicit, or otherwise cause a merchant, or an employee,
representative or agent of the merchant,\46\ to present to or to
deposit into the credit card system for payment, a credit card sales
draft generated by a telemarketing transaction that is not the result
of a telemarketing credit card transaction between the cardholder and
the merchant; or
---------------------------------------------------------------------------

    \46\ The term ``merchant'' means a person who is authorized
under written contract with an acquirer to honor or accept credit
cards, or to transmit or process for payment credit card payments,
for the purchase of goods or services or a charitable contribution.
The term ``acquirer'' means a business organization, financial
institution, or an agent of a business organization or financial
institution that has authority from an organization that operates or
licenses a credit card system to authorize merchants to accept,
transmit, or process payment by credit card through the credit card
system for money, goods or services, or anything else of value. A
``charitable contribution'' means any donation or gift of money or
any other thing of value, for example a transfer to a pooled income
fund. See proposed CHX Article 8, Rule 13(p)(2) and (14).
---------------------------------------------------------------------------

    3. obtain access to the credit card system through the use of a
business relationship or an affiliation with a merchant, when such
access is not authorized by the merchant agreement \47\ or the
applicable credit card system.
---------------------------------------------------------------------------

    \47\ The term ``merchant agreement'' means a written contract
between a merchant and an acquirer to honor or accept credit cards,
or to transmit or process for payment credit card payments, for the
purchase of goods or services or charitable contribution. See
proposed CHX Article 8, Rule 13(p)(15).
---------------------------------------------------------------------------

    The proposed rule change is substantially similar to the FTC's
provisions regarding credit card laundering.\48\ The FTC provided a
discussion of the provisions when they were adopted pursuant to the
Prevention Act.\49\
---------------------------------------------------------------------------

    \48\ See 16 CFR 310.3(c); see also FINRA Rule 3230(l).
    \49\ See Federal Trade Commission, Telemarketing Sales Rule, 60
FR 43842 (Aug. 23, 1995) at 43852.
---------------------------------------------------------------------------

Definitions
    Proposed CHX Article 8, Rule 13(p) adopts the following
definitions, which are substantially similar to the FTC's definitions
of these terms: ``acquirer,'' ``billing information,'' ``caller
identification service,'' ``cardholder,'' ``charitable contribution,''
``credit,'' ``credit card,'' ``credit card sales draft,'' ``credit card
system,'' ``customer,'' ``donor,'' ``established business
relationship,'' ``free-to-pay conversion,'' ``merchant,'' ``merchant
agreement,'' ``outbound telephone call,'' ``person,'' ``preacquired
account information,'' and ``telemarketing.'' \50\
---------------------------------------------------------------------------

    \50\ See proposed CHX Article 8, Rule 13(p)(2), (3), (5), (6),
(7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (19),
and (20); and 16 CFR 310.2(a), (c), (d), (e), (f), (h), (i), (j),
(k), (l), (n), (o), (p), (s), (t), (v), (w), (x), and (dd); see also
FINRA Rule 3230(m)(2), (3), (5), (6), (7), (8), (9), (10), (11),
(12), (13), (14), (15), (16), (17), (19), and (20). The proposed
rule change also adopts definitions of ``account activity,''
``broker-dealer of record,'' and ``personal relationship'' that are
substantially similar to FINRA's definitions of these terms. See
proposed CHX Article 8, Rule 13(p)(1), (4), and (18) and FINRA Rule
3230(m)(1), (4), and (18); see also 47 CFR 64.1200(t)(14) (FCC's
definition of ``personal relationship'').
---------------------------------------------------------------------------

Compliance with Other Requirements
    Proposed CHX Article 8, Rule 13.01 states that this Rule does not
affect the obligation of any Participant or person associated therewith
that engages in telemarketing to comply with relevant state and federal
laws and rules, including but not limited to the Telemarketing and
Consumer Fraud and Abuse Prevention Act,\51\ the Telephone Consumer
Protection Act,\52\ and the rules of the FCC relating to telemarketing
practices and the rights of telephone consumers.\53\
---------------------------------------------------------------------------

    \51\ 15 U.S.C. 6101-6108, as amended.
    \52\ 47 U.S.C. 227.
    \53\ 47 CFR 64.1200.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder, in particular Section
6(b) of the Act.\54\ Specifically, the Exchange believes that the
proposed rule change furthers the objectives of Section 6(b)(5) \55\ in
that it is designed to promote just and equitable principles of

trade, to foster cooperation and coordination with persons engaged in
facilitating transaction in securities, to remove impediments and
perfect the mechanisms of a free and open market, and, in general, to
protect investors and the public interest. More specifically, the
Exchange believes that the proposed rule change supports the objective
of the Act by providing greater harmonization between CHX Rules and
rules of similar purpose of other self-regulatory organizations, such
as FINRA, resulting in less burdensome and more efficient regulatory
compliance. In particular, CHX Participants that are also FINRA members
are subject to both CHX Article 8, Rule 13 and FINRA Rule 3230; CHX
believes that harmonizing these two rules would promote just and
equitable principles of trade by requiring a single standard for
telemarketing. In addition, CHX believes that adopting the amendments
to CHX Article 8, Rule 13 will assure that the Exchange's rules
governing telemarketing meet the standards set forth in the Prevention
Act. To the extent the Exchange has proposed changes that differ from
the FINRA version of the CHX Rules, the Exchange believes that such
changes are technical in nature and do not change the substance of the
proposed CHX Rules. The Exchange also believes that the proposed rule
change will update and clarify the requirements governing
telemarketing, which will promote just and equitable principles of
trade and help to protect investors.
---------------------------------------------------------------------------

    \54\ 15 U.S.C. 78f(b).
    \55\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    CHX neither solicited nor received written comments on the proposed
rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \56\ and Rule 19b-4(f)(6) \57\ thereunder in
that it effects a change that: (i) Does not significantly affect the
protection of investors or the public interest; (ii) does not impose
any significant burden on competition; and (iii) by its terms, does not
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate if consistent with the
protection of investors and the public interest.
---------------------------------------------------------------------------

    \56\ 15 U.S.C. 78s(b)(3)(A).
    \57\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    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.

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-CHX-2012-14 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File No. SR-CHX-2012-14. 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 changes 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-CHX-2012-14 and
should be submitted on or before January 14, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\58\
---------------------------------------------------------------------------

    \58\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-30886 Filed 12-21-12; 8:45 am]
BILLING CODE 8011-01-P


Keystone Unit 1 CAMD Analysis Updated: September 24, 2021 The goals of this analysis is to contextualize PA's proposed limits for Keystone Unit 1 with historic data. I evaluated:  Ozone season data only  I removed partial hours and substitute data hours

These tables summarize the historic data in a few different ways:  Each table shows a different value  The first table shows the best (minimum) value  The second table shows the average value  The third table shows the 99[th] percentile value  Within each table, the selected metric is either:  The best year drawn from 2003-2020  The third best year drawn from 2003-2020  The best year drawn from 2010-2020  The third best year drawn from 2010-2020

Note: the best or third best year is selected based on the overall ozone season average NOX rate.

There was interest in what the daily average translates to in lb/day, so I have included that value in the Daily Limit tables. (For reference, the proposed 30-day rolling average limit of 800 lb/hr * 24 hrs = 19,200 lb.)

Daily Limit Compare to: 0.3 lb/mmBtu daily average limit

Metric Time Period Year Best daily average NOX Rate (lb/mmBtu) Daily NOX Mass (lb/day) on that day Best year 2003-2020 2003                                                                           0.035                                                                           6,258 3[rd] best year 2003-2020 2005                                                                           0.037                                                                           6,199 Best year 2010-2020 2010                                                                           0.045                                                                           8,333 3[rd] best year 2010-2020 2018                                                                           0.061                                                                          11,614

Metric Time Period Year Average daily average NOX Rate (lb/mmBtu) Average daily NOX Mass (lb/day) Best year 2003-2020 2003                                                                           0.043                                                                           7,604 3[rd] best year 2003-2020 2005                                                                           0.045                                                                           7,918 Best year 2010-2020 2010                                                                           0.052                                                                           9,567 3[rd] best year 2010-2020 2018                                                                           0.099                                                                          17,040

Metric Time Period Year 99[th] Percentile daily average NOX Rate (lb/mmBtu) 99[th] Percentile daily NOX Mass (lb/day) Best year 2003-2020 2003                                                                           0.111                                                                          13,862 3[rd] best year 2003-2020 2005                                                                           0.154                                                                          13,124 Best year 2010-2020 2010                                                                           0.083                                                                          14,366 3[rd] best year 2010-2020 2018                                                                           0.288                                                                          29,820

30-Day Rolling Average Mass Limit Compare to: 800 lb/hr 30-day rolling average limit

Metric Time Period Year Best 30-day rolling average NOX Mass (lb/hr) Best year 2003-2020 2003                                                                             309 3[rd] best year 2003-2020 2005                                                                             314 Best year 2010-2020 2010                                                                             384 3[rd] best year 2010-2020 2018                                                                             592

Metric Time Period Year Average 30-day rolling average NOX Mass (lb/hr) Best year 2003-2020 2003                                                                             323 3[rd] best year 2003-2020 2005                                                                             336 Best year 2010-2020 2010                                                                             414 3[rd] best year 2010-2020 2018                                                                             719

Metric Time Period Year 99[th] Percentile 30-day rolling average NOX Mass (lb/hr) Best year 2003-2020 2003                                                                             349 3[rd] best year 2003-2020 2005                                                                             371 Best year 2010-2020 2010                                                                             455 3[rd] best year 2010-2020 2018                                                                             883


[Federal Register Volume 88, Number 31 (Wednesday, February 15, 2023)]
[Proposed Rules]
[Pages 9776-9779]
[FR Doc No: 2023-03141]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0165; Project Identifier MCAI-2022-01003-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2019-24-13, which applies to certain Airbus SAS Model A318 series
airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes; Model A320-211, -212, -214, -216, -231, -232, and -233
airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and
-232 airplanes. AD 2019-24-13 requires repetitive high-frequency eddy
current (HFEC) inspections for cracking of a stiffener of a certain
lateral window frame, and applicable related investigative and
corrective actions, as applicable. Since the FAA issued AD 2019-24-13,
it was determined that certain inspection times need to be revised.
This proposed AD would retain the requirements of AD 2019-24-13, with
amended compliance times, as specified in a European Union Aviation
Safety Agency (EASA) AD, which is proposed for incorporation by
reference (IBR). 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 April 3,
2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0165; 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, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA material that is proposed for IBR in this NPRM,
you may contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email [email protected]; website
easa.europa.eu. You may find this material on the EASA website at
ad.easa.europa.eu. It is also available at regulations.gov under Docket
No. FAA-2023-0165.
     You may view this service information 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>.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, International Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

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 ADDRESSES. Include ``Docket No. FAA-2023-0165; Project Identifier
MCAI-2022-01003-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Dan
Rodina, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected]. Any commentary that
the FAA receives which is not specifically designated as CBI will be
placed in the public docket for this rulemaking.

Background

    The FAA issued AD 2019-24-13, Amendment 39-21002 (84 FR 71788,
December 30, 2019) (AD 2019-24-13), for certain Airbus SAS Model A318
series airplanes; Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes; Model A320-211, -212, -214, -216, -231, -232, and -
233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231,
and -232 airplanes. AD 2019-24-13 was prompted by an MCAI originated by
EASA, which is the Technical Agent for the Member States of the
European Union. EASA issued AD 2019-0067R1, dated September 11, 2019
(EASA AD 2019-0067R1), to correct an unsafe condition.
    AD 2019-24-13 requires repetitive HFEC inspections for cracking of
a stiffener of a certain lateral window frame, and rework, repair, or
replacement of the lateral window frame, as applicable, as specified in
EASA AD 2019-0067R1. The FAA issued AD 2019-24-13 to address cracking
of the horizontal upper stiffener of the lateral window frame, which
could reduce the structural integrity of the fuselage.

Actions Since AD 2019-24-13 Was Issued

    Since the FAA issued AD 2019-24-13, EASA superseded EASA AD 2019-
0067R1 and issued EASA AD 2022-0151, dated July 26, 2022 (EASA AD 2022-
0151) (also referred to as the MCAI), to correct an unsafe condition on
certain Airbus SAS Model A318 series airplanes; Model A319-111, -112, -
113, -114, -115, -131, -132, and -133 airplanes; Model A320-211, -212,
-214, -215, -216, -231, -232, and -233 airplanes; and Model A321-111, -
112, -131, -211, -212, -213, -231, and -232 airplanes. Model A320-215
airplanes are not certificated by the FAA and are not included on the
U.S. type certificate data sheet; this proposed AD therefore does not
include those airplanes in the applicability. The MCAI states that
several occurrences were reported where, during a maintenance check,
cracks were found in the horizontal upper stiffener of the lateral
window frame at the frame 4 upper attachment. Since EASA AD 2019-0067R1
was issued, it was determined that the embodiment of Airbus production
modification (mod) 161229 does not provide any benefit versus the pre-
mod 161229 configuration, and Airbus issued revised service information
to remove the credit and higher inspection threshold for post-mod
161229 airplanes. In addition, based on new calculations, the
inspection interval was increased. The unsafe condition, if not
addressed, could reduce the structural integrity of the fuselage.
    The FAA is proposing this AD to address cracking of the horizontal
upper stiffener of the lateral window frame, which could reduce the
structural integrity of the fuselage. You may examine the MCAI in the
AD docket at regulations.gov under Docket No. FAA-2023-0165.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the
requirements of AD 2019-24-13, this proposed AD would retain the
requirements of AD 2019-24-13. Those requirements are referenced in
EASA AD 2022-0151, which, in turn, is referenced in paragraph (g) of
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0151 specifies procedures for repetitive HFEC
inspections of the horizontal upper stiffener of the lateral window
frame on the right-hand (RH) and left-hand (LH) sides for any cracking
and applicable related investigative and corrective actions. Related
investigative and corrective actions include repair, replacement, and
rework. EASA AD 2022-0151 also specifies reporting to Airbus if any
discrepancies (cracking) are found during the inspections.
    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

    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, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2022-0151 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2022-0151 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0151 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 EASA AD 2022-0151 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 EASA AD 2022-
0151. Service information required by EASA AD 2022-0151 for compliance
will be available at regulations.gov under Docket No. FAA-2023-0165
after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 1,528 airplanes of U.S. registry. The FAA estimates the
following costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2019-24-13...  9 work-hours x $85 per                $0            $765        $987,615
                                         hour = $765.
New proposed actions..................  6 work-hours x $85 per                $0            $510        $779,280
                                         hour = $510.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition rework, replacement, or reporting that would be required
based on the results of any required actions. The FAA has no way of
determining the number of aircraft that might need these on-condition
actions:

                Estimated Costs of On-Condition Actions *
------------------------------------------------------------------------
                                                             Cost per
            Labor cost                   Parts cost           product
------------------------------------------------------------------------
Up to 543 work-hours x $85 per      Up to $107,370......        $153,525
 hour = $46,155.
------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the cost
  estimates for the on-condition repairs 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.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.

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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:
0
a. Removing Airworthiness Directive (AD) 2019-24-13, Amendment 39-21002
(84 FR 71788, December 30, 2019); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2023-0165; Project Identifier MCAI-2022-
01003-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by April 3, 2023.

(b) Affected ADs

    This AD replaces AD 2019-24-13, Amendment 39-21002 (84 FR 71788,
December 30, 2019).

(c) Applicability

    This AD applies to Airbus SAS airplanes identified in paragraphs
(c)(1) through (4) of this AD, certificated in any category, as
identified in European Union Aviation Safety Agency (EASA) AD 2022-
0151, dated July 26, 2022 (EASA AD 2022-0151).
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, and -233
airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a report that during a maintenance
check, cracks were found in the horizontal upper stiffener of the
lateral window frame at the frame 4 upper attachment, and a
determination that certain compliance times need to be revised. The
FAA is issuing this AD to address cracking of the horizontal upper
stiffener of the lateral window frame. The unsafe condition, if not
addressed, could reduce the structural integrity of the fuselage.

(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 2022-0151.

(h) Exceptions to EASA AD 2022-0151

    (1) Where EASA AD 2022-0151 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0151.
    (3) Paragraph (7) of EASA AD 2022-0151 specifies to report
inspection results to Airbus within a certain compliance time. For
this AD, report inspection results at the applicable time specified
in paragraph (h)(3)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of
this AD: Submit the report within 90 days after the inspection.
    (ii) If the inspection was done before the effective date of
this AD: Submit the report

within 90 days after the effective date of this AD.
    (4) Where EASA AD 2022-0151 specifies to perform corrective
actions if ``discrepancies are detected, as identified in the
inspection SB,'' for this AD perform corrective actions if cracking
is detected.
    (5) Where paragraph (2) of EASA AD 2022-0151 specifies to
``accomplish the applicable corrective action(s)'' if discrepancies
are detected, for this AD if any cracking is detected and the
stiffener has already been reworked, or if any cracking is not
removed after a third rework of the horizontal upper stiffener, the
cracking must be repaired before further flight using a method
approved by the Manager, 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.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
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 responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (j) of this AD. Information may be emailed to: [email protected].
    (i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (ii) AMOCs approved previously for AD 2019-24-13 are approved as
AMOCs for the corresponding provisions of EASA AD 2022-0151 that are
required by paragraph (g) of this AD.
    (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, 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): Except as required by
paragraph (i)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those 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.

(j) Additional Information

    For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
206-231-3225; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0151,
dated July 26, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0151, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information 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 service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 9, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-03141 Filed 2-14-23; 8:45 am]
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[Federal Register: February 8, 2006 (Volume 71, Number 26)]
[Notices]
[Page 6474]
[DOCID:fr08fe06-85]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP05-130-000; CP05-132-000; CP05-395-000; CP06-26-000;
CP05-131-000 (Not consolidated)]

Dominion Cove Point LNG, L.P., Dominion Cove Point LNG, L.P.,
Dominion Cove Point LNG, L.P., Dominion Transmission, Inc.; Notice of
Procedural Conference and Order on Late Interventions

February 2, 2006.
    The Commission has received a number of pleadings in this
proceeding regarding the quality of the natural gas delivered, and
proposed to be delivered, to Washington Gas Light Company (WGL), from
the liquefied natural gas (LNG) import terminal owned and operated by
Dominion Cove Point LNG, LP (Cove Point), and the potential effects of
the proposed expansion and modification of Cove Point's LNG import
terminal on certain facilities owned by WGL.\1\ The Commission staff
has determined that discussing with the parties the issues raised in
these various pleadings would assist staff in evaluating these matters.
---------------------------------------------------------------------------

    \1\ A list of pleadings that relate to these gas quality issues
is in the Appendix to this Notice.
---------------------------------------------------------------------------

    Accordingly, a Procedural Conference will be held at the
Commission's offices in Washington, DC, on February 22, 2006,
commencing at 10 a.m., in order that the parties and the Commission
Staff can discuss the pleadings filed and the procedural options for
continued timely processing of Cove Point's requests for expansion and
modification of its LNG import terminal.
    Participants at the conference should come prepared to discuss the
relationship, if any, between Cove Point's proposal to expand and
modify its LNG import terminal in the captioned proceedings and the
problems on WGL's system which WGL alleges are associated with the
quality of natural gas delivered from the Cove Point import terminal.
As part of this discussion, participants should be prepared to provide
information which shows that the alleged impacts on WGL's ability to
provide safe and reliable services to its customers are either
substantially related to the introduction of natural gas from Cove
Point's LNG import terminal into Cove Point's pipeline and
interconnecting pipelines and delivered to WGL, or are substantially
related to other factors and that such problems have occurred prior to
the introduction of LNG into Cove Point's pipeline and interconnecting
pipelines.
    The Commission, pursuant to Rule 214(d)(3)(i) of the Commission's
Rules of Practice and Procedure, hereby grants the motions to intervene
out of time listed in the Appendix to this Notice for the limited
purpose of participating in the Procedural Conference. The Commission
reserves the right to grant or deny further party status of any late
intervenor, as appropriate.
    FERC conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free (866) 208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER>
with the required accommodations.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-1700 Filed 2-7-06; 8:45 am]

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