[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)]
[Notices]
[Pages 52253-52255]
[FR Doc No: 2018-22429]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84399; File No. SR-C2-2018-021]

Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of
Filing of a Proposed Rule Change To Amend C2's Rulebook To Allow the
Post Only Order Instruction on Complex Orders That Route to Its
Electronic Book

October 10, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 1, 2018, Cboe C2 Exchange, Inc. (the ``Exchange'' or
``C2'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe C2 Exchange, Inc. (the ``Exchange'' or ``C2'') proposes to
amend C2's rulebook to allow the Post Only order instruction on complex
orders that route to its electronic book.
    The text of the proposed rule change is available on the Exchange's
website (http://www.c2exchange.com/Legal/), at the Exchange's Office of
the Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    C2 recently adopted the Post Only order instruction on simple
orders that route to its electronic book (``Simple Book''),\3\ and C2
now proposes to adopt the Post Only order instruction on complex orders
that route to its electronic book (``COB'').
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    \3\ See Securities Exchange Act Release No. 83214 (May 11,
2018), 83 FR 22796 (May 16, 2018) (SR-C2-2018-005).
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Background
    Pursuant to C2 Rule 1.1, ``[a] ``Post Only'' order is an order the
System ranks and executes pursuant to Rule 6.12, subjects to the Price
Adjust process pursuant to Rule 6.12, or cancels or rejects (including
if it is not subject to the Price Adjust process and locks or crosses a
Protected Quotation of another exchange), as applicable (in accordance
with User instructions), except the order may not remove liquidity from
the [Simple] Book or route away to another Exchange.'' In other words,
if a Post Only order is entered into C2's automated trading system
(``System''), it will not execute against an order resting in the
Simple Book or route to another exchange. The purpose of the Post Only
order is to add liquidity to the Simple Book.
    Because C2 has a maker-taker fee structure, pursuant to which an
execution taking liquidity from the Simple Book is subject to a taker
fee, the Post Only order instruction provides Trading Permit Holders
(``TPHs'' or ``Users'') with the flexibility to avoid incurring a taker
fee if the TPH's intent is to submit an order to add liquidity to the
Simple Book. Additionally, under C2's maker-taker fee structure, if a
TPH submits an order that adds liquidity to the Simple Book (for both
penny and non-penny classes of options), it receives a rebate in
connection with the execution of that order. For example, a Public
Customer order that adds liquidity to the Simple Book in a non-penny
class receives a rebate of $0.80, whereas a Public Customer order that
removes liquidity from the Simple Book in a non-penny class incurs a
fee of $0.85. Similar rebates and fees are also applied to Professional
Customers, Firms, and Broker/Dealers orders, among others.
Complex Orders
    C2 does not currently offer Post Only complex orders. Like in the
Simple Book, execution of a complex order taking liquidity from the COB
is subject to a taker fee and execution of an order adding liquidity is
subject to a maker rebate. For example, a Public Customer order that
adds liquidity to the COB in a non-penny class receives a rebate of
$0.75, whereas a Public Customer order that removes liquidity from the
COB in a non-penny class incurs a fee of $0.83. Unlike in the Simple
Book, however, a TPH that intends to submit a complex order to add
liquidity to the COB is not given the same flexibility to avoid
incurring a taker fee. Accordingly, C2 is proposing to add Post Only to
the permissible types of complex orders submitted to the Exchange in C2
Rule 6.13(b).
    Proposed C2 Rule 6.13(b)(2) states that upon receipt of a Post Only
complex order with any Time-in-Force, the System does not initiate a
complex order auction (``COA''), and if a User marks the Post Only
complex order to initiate a COA, the System cancels the order. Not
permitting a Post Only complex order to COA is consistent with the
purposes of a Post Only order, which as discussed above is to add
liquidity to the COB. Proposed C2 Rule 6.13(g)(4) states that Post Only
complex orders may not Leg into the Simple Book and proposed C2 Rule
6.13(h)(3) states that the System cancels or rejects a Post Only
complex order if it locks or crosses a resting complex order in the COB
or the then-current opposite side synthetic best bid or offer
(``SBBO''). For example, assume there are no orders for a specific
strategy resting on the COB, the synthetic national best bid or offer
(``SNBBO'') is $3.00 by $3.15, and the SBBO is $2.95 by $3.15. Assume
next that Complex Order 1 enters the COB to sell 10 contracts of that
strategy at $3.14 and such order is posted to the COB. If Complex Order
2 then enters the COB to buy 10 contracts of that strategy at $3.14,
but Complex Order 2 also contains the Post Only instruction, Complex
Order 2 is rejected since it locks the resting contra order. Similarly,
assume there are no orders for a specific strategy resting on the COB,
the SNBBO is $3.00 by $3.15, and the SBBO is $2.95 by $3.20. If a two-
leg Complex Order with the Post Only instruction enters the COB to buy
10 contracts of that strategy at $3.20, that Complex Order is rejected
since it cannot leg in to the Simple Book and it locks the contra side
SBBO. This proposed functionality is consistent with the purpose of the
Post Only instruction and ensures a Post

Only complex order will not remove liquidity from the Book. This is
also consistent with the functionality and purpose of the Post Only
order instruction on simple orders.
    By adding the Post Only order instruction for complex orders, TPHs
will be given the ability to exercise more control over the
circumstances in which their complex orders are executed and be
encouraged to add liquidity in the complex order market. Any additional
liquidity will subsequently benefit all participants who trade complex
orders on the Exchange.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\4\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \5\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \6\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
    \6\ Id.
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    Specifically, the Post Only order instruction on complex orders is
designed to encourage market participants to add liquidity in the
complex order market, which will benefit investors. By giving market
participants the flexibility to manage their execution costs and the
circumstances in which their complex orders are executed, the Exchange
believes the proposed rule change would remove impediments to perfect
the mechanism of a free and open market and a national market system
and protect investors. The Exchange also believes that the proposed
rule change will contribute to the protection of investors and the
public interest by assuring compliance with rules related to locked and
crossed markets.
    Additionally, the Exchange notes that Post Only functionality is
not new or unique functionality and is already available in a similar
capacity. While the Post Only complex order type is not currently
available in the market, C2 and other exchanges have implemented the
Post Only simple order type, which functions in the same manner as the
proposed Post Only complex order type. The purpose of a Post Only
complex order is the same as the purpose of a Post Only simple order,
given C2's maker-taker fee structure with respect to executions of
complex orders.

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

    C2 does not believe that the proposed rule change will impose any
burden on intramarket or intermarket competition that is not necessary
or appropriate in furtherance of the purposes of the Act. In
particular, the Exchange believes the proposed rule change will not
burden intramarket competition because the Post Only order instruction
on complex orders will be available to all market participants.
Additionally, use of the Post Only order instruction on complex orders
is voluntary. The Exchange also believes the proposed rule change will
not impose any burden on intermarket competition because this relates
to an instruction on orders that are submitted to the Exchange and may
only execute on the Exchange. Additionally, nothing prevents other
options exchanges that offer complex orders from adopting a Post Only
complex order type. The Exchange also believes the proposed rule change
will promote competition, as the Exchange believes it will encourage
the provision of additional liquidity in the complex order market,
which benefits all market participants.

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

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

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    A. By order approve or disapprove such proposed rule change, or
    B. institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-C2-2018-021 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-C2-2018-021. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-C2-2018-021, and should be submitted on
or before November 6, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-22429 Filed 10-15-18; 8:45 am]
 BILLING CODE 8011-04-P


[Federal Register Volume 81, Number 197 (Wednesday, October 12, 2016)]
[Notices]
[Pages 70416-70417]
[FR Doc No: 2016-24611]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP16-12-000]

Tennessee Gas Pipeline Company, L.L.C.; Notice of Availability of
the Environmental Assessment for the Proposed Southwest Louisiana
Supply Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared this environmental assessment (EA) for the
Southwest Louisiana Supply Project (Project) proposed by Tennessee Gas
Pipeline Company, L.L.C. (Tennessee) in the above-referenced docket.
Tennessee requests authorization to construct, operate, and maintain
certain interstate natural gas transmission facilities located in the
state of Louisiana to provide 295,000 dekatherms per day of natural gas
and firm transportation services on Tennessee's 800 Line system. The
purpose of the Project is to meet contractual obligations with
Mitsubishi Corporation and MMGS, Inc.
    The EA assesses the potential environmental effects of the
construction and operation of the Project in accordance with the
requirements of the National Environmental Policy Act (NEPA). The FERC
staff concludes that approval of the proposed project, with appropriate
mitigating measures, would not constitute a major federal action
significantly affecting the quality of the human environment.
    Tennessee proposes to construct a 2.4-mile-long, 30-inch-diameter
pipeline lateral in Madison Parish, Louisiana; a 1.4-mile-long, 30-
inch-diameter pipeline lateral in Richland and Franklin Parishes,
Louisiana; five meter stations; one new compressor station in Franklin
Parish, Louisiana; and replace a gas turbine engine at an existing
compressor station in Rapides Parish, Louisiana.
    The FERC staff mailed copies of the EA to federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American tribes;
potentially affected landowners and other interested individuals and
groups; newspapers and libraries in the project area; and parties to
this proceeding. In addition, the EA is available for public viewing on
the FERC's Web site (www.ferc.gov) using the eLibrary link. A limited
number of copies of the EA are available for distribution and public
inspection at: Federal Energy Regulatory Commission, Public Reference
Room, 888 First Street NE., Room 2A, Washington, DC 20426, (202) 502-
8371.
    Any person wishing to comment on the EA may do so. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
The more specific your comments, the more useful they will be. To
ensure that the Commission has the opportunity to consider your
comments prior to making its decision on this project, it is important
that we receive your comments in Washington, DC on or before October
31, 2016.
    For your convenience, there are three methods you can use to file
your comments to the Commission. In all instances, please reference the
project docket number (CP16-12-000) with your submission. The
Commission encourages electronic filing of comments and has expert
staff available to assist you at<PHONE_NUMBER> or<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project;
    (2) You can also file your comments electronically using the
eFiling feature on the Commission's Web site (www.ferc.gov) under the
link to Documents and Filings. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.
    Any person seeking to become a party to the proceeding must file a
motion to intervene pursuant to Rule 214 of the Commission's Rules of
Practice and Procedures (18 CFR 385.214).\1\ Only intervenors have the
right to seek rehearing of the Commission's decision. The Commission
grants affected landowners and others with environmental concerns
intervenor status upon showing good cause by stating that they have a
clear and direct

interest in this proceeding which no other party can adequately
represent. Simply filing environmental comments will not give you
intervenor status, but you do not need intervenor status to have your
comments considered.
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    \1\ See the previous discussion on the methods for filing
comments.
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    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search,'' and enter the docket number
excluding the last three digits in the Docket Number field (i.e., CP16-
12). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Dated: September 29, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-24611 Filed 10-11-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 78 (Wednesday, April 22, 2020)]
[Notices]
[Page 22419]
[FR Doc No: 2020-08440]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-1563-000]

Midlands Lessee LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced Midlands
Lessee LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is May 5, 2020.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.

    Dated: April 15, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-08440 Filed 4-21-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 11 (Friday, January 16, 2015)]
[Rules and Regulations]
[Pages 2313-2315]
[FR Doc No: 2015-00645]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2011-0446, FRL-9921-69-Region 10]

Approval and Promulgation of Implementation Plans; Oregon:
Interstate Transport of Fine Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving a portion of the State Implementation
Plan submission from the State of Oregon to address Clean Air Act
interstate transport requirements for the 2006 24-hour fine particulate
matter (PM2.5) National Ambient Air Quality Standards. The
Clean Air Act requires that each State Implementation Plan contain
adequate provisions prohibiting air emissions that will have certain
adverse air quality effects in other states. The EPA is determining
that Oregon's existing State Implementation Plan contains adequate
provisions to ensure that air emissions in Oregon will not
significantly contribute to nonattainment or interfere with maintenance
of the 2006 24-hour PM2.5 National Ambient Air Quality
Standards in any other state.

DATES: This final rule is effective on February 17, 2015.

ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R10-OAR-2011-0446. All documents in the
docket are listed on the http://www.regulations.gov Web site. Although
listed in the index, some information may not be publicly available,
i.e., Confidential Business Information or other information the
disclosure of which is restricted by statute. Certain other material,
such as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://www.regulations.gov or in hard copy at EPA Region 10, Office of Air,
Waste, and Toxics, AWT-150, 1200 Sixth Avenue, Seattle, Washington
98101. The EPA requests that you contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to schedule your inspection. The
Regional Office's official hours of business are Monday through Friday,
8:30 to 4:30, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dr. Karl Pepple at:<PHONE_NUMBER>,

<EMAIL_ADDRESS>or the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us'' or ``our'' is used, it is intended to refer to the EPA.
Information is organized as follows:

Table of Contents

I. Background
II. Response To Comment
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On September 21, 2006, the EPA promulgated a final rule revising
the 1997 24-hour primary and secondary National Ambient Air Quality
Standards (NAAQS) for PM2.5 from 65 micrograms per cubic
meter ([mu]g/m\3\) to 35 [mu]g/m\3\ (October 17, 2006, 71 FR 61144).
    The interstate transport provisions in Clean Air Act (CAA) section
110(a)(2)(D)(i) (also called ``good neighbor'' provisions) require each
state to submit a State Implementation Plan (SIP) that prohibits
emissions that will have certain adverse air quality effects in other
states. CAA section 110(a)(2)(D)(i) identifies four distinct elements
related to the impacts of air pollutants transported across state
lines. In this action, the EPA is addressing the first two elements of
this section, specified at CAA section 110(a)(2)(D)(i)(I),\1\ for the
2006 24-hour PM2.5 NAAQS.
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    \1\ This action does not address the two elements of the
interstate transport SIP provision in CAA section
110(a)(2)(D)(i)(II) regarding interference with measures required to
prevent significant deterioration of air quality or to protect
visibility in another state. We approved the Oregon SIP for purposes
of CAA section 110(a)(2)(D)(i)(II) for the 2006 24-hour
PM2.5 NAAQS on August 1, 2013 (78 FR 46514).
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    The first element of CAA section 110(a)(2)(D)(i)(I) requires that
each SIP for a new or revised NAAQS contain adequate measures to
prohibit any source or other type of emissions activity within the
state from emitting air pollutants that will ``contribute significantly
to nonattainment'' of the applicable NAAQS in another state. The second
element of CAA section 110(a)(2)(D)(i)(I) requires that each SIP
prohibit any source or other type of emissions activity in the state
from emitting pollutants that will ``interfere with maintenance'' of
the applicable NAAQS in any other state.
    On May 14, 2014, we proposed approval of the portion of Oregon's
June 28, 2010, submission that addresses the CAA section
110(a)(2)(D)(i)(I) requirements for the 2006 24-hour PM2.5
NAAQS (79 FR 27528). An explanation of the CAA requirements and
implementing regulations that are met by this SIP submission, a
detailed explanation of the submission, and the EPA's reasons for the
proposed action were provided in the notice of proposed rulemaking on
May 14, 2014, and will not be restated here (79 FR 27528). The public
comment period for our proposed action ended on June 13, 2014.

II. Response To Comment

    The EPA received one anonymous adverse comment on the May 14, 2014,
proposed approval (79 FR 27528). The EPA has evaluated the comment, as
discussed below, and has determined that Oregon's 2010 Interstate
Transport SIP submission addressing the 2006 24-hour PM2.5
NAAQS is consistent with the CAA. Therefore the EPA is approving the
Oregon 2010 Interstate Transport SIP as meeting the requirements of CAA
section 110(a)(2)(D)(i)(I) for the 2006 24-hour PM2.5 NAAQS.
Following is the comment and the EPA's response.
    Comment: ``EPA's analysis of significant contribution to
nonattainment and maintenance areas in down-wind states must be done
for ALL NAAQS pollutants, not just the 2006 PM2.5 NAAQS.
This would ensure that Oregon's PM2.5 emissions are not
affecting the nonattainment or maintenance of ALL NAAQS in other
States. The CAA specifically states that, `Each such plan shall . . .
contain adequate provisions (i) prohibiting . . . any source or other
type of emissions activity within the State from emitting ANY air
pollutant in amounts which will (I) contribute significantly to
nonattainment in, or interfere with maintenance by, any other State
with respect to ANY such national primary or secondary ambient air
quality standard,' (Emphasis on `any'). This was recently affirmed by
the Supreme Court in EME Homer City v. EPA, `To tackle the problem,
Congress included a Good Neighbor Provision in the Clean Air Act (Act
or CAA). That provision, in its current phrasing, instructs States to
prohibit in-state sources ``from emitting any air pollutant in amounts
which will . . . contribute significantly' to downwind States'
``nonattainment . . ., or interfere with maintenance,'' of ANY EPA
promulgated national air quality standard.'' (Again, emphasis on
`any'). For this reason the EPA can't approve Oregon's Interstate
Transport SIP because it, and EPA's analysis, doesn't include an
analysis which determines that Oregon doesn't contribute to another
State's nonattainment or maintenance for ALL NAAQS pollutants.''
    Response: This comment addresses the requirements of CAA section
110(a)(2)(D)(i)(I). This provision, the ``good neighbor'' provision,
requires each State Implementation Plan to prohibit ``any source or
other type of emissions activity within the State from emitting any air
pollutants in amounts which will . . . contribute significantly to
nonattainment in or interfere with maintenance by, any other state with
respect to any . . . primary or secondary [NAAQS].'' 42 U.S.C.
7410(a)(2)(D)(i). The recent Supreme Court decision in Environmental
Protection Agency v. EME Homer City Generation, L.P., 134 S. Ct. 1584
(2014), addressed the requirements of this provision and reversed the
prior DC Circuit Court of Appeals decision vacating the EPA's Cross-
State Air Pollution Rule. The commenter quotes from the section of the
Supreme Court decision that discusses the historical development (from
1963 onward) of the EPA's interstate transport policy (the `good
neighbor' provision). The quoted language essentially tracks the
statutory text of CAA section 110(a)(2)(D)(i)(I), which describes
specific elements that must be included in State Implementation Plans
to address pollution that is transported across state lines. As the
Supreme Court decision in EME Homer City confirmed, pursuant to CAA
section 110(a)(1), state plans to address these requirements must be
submitted to the Administrator within three years of the promulgation
or revision of a NAAQS. EME Homer City, 134 S. Ct. at 1600.
    The EPA interprets the comment as stating that the CAA section
110(a)(2)(D)(i)(I) provisions of Oregon's 2010 Interstate Transport SIP
submission for the 2006 24-hour PM2.5 NAAQS should address,
in addition to emissions that significantly contribute to nonattainment
or interfere with maintenance of the 2006 24-hour PM2.5
NAAQS, any emissions that significantly contribute to nonattainment or
interfere with maintenance of all other NAAQS. The EPA disagrees.
Because it is the promulgation or revision of a NAAQS that triggers the
requirement to submit a SIP addressing the requirements of CAA section
110(a)(2)(D)(i)(I), the EPA interprets the CAA as requiring each such
SIP to address the CAA section 110(a)(2)(D)(i)(I) requirements only
with respect to the specific NAAQS at issue. In other words, each CAA
section 110(a)(2)(D)(i)(I) SIP submission need only address the
specific NAAQS which had been promulgated or revised by the EPA thereby
triggering the SIP

submission requirement. Because Oregon submitted this SIP to address
the applicable requirements of CAA section 110(a)(2)(D)(i)(I) with
respect to the 2006 24-hour PM2.5 NAAQS, it need only
demonstrate that the SIP is adequate to prohibit emissions that
significantly contribute to nonattainment or interfere with maintenance
of the 2006 24-hour PM2.5 NAAQS in other states. Any
emissions that have such impacts with respect to other NAAQS must be
addressed as appropriate in the CAA section 110(a)(2)(D)(i)(I) SIP
submissions for those other NAAQS. In its May 14, 2014, action, the EPA
proposed to conclude that Oregon's 2010 Interstate Transport SIP
submission addressed the requirements of CAA section 110(a)(2)(D)(i)(I)
with respect to the 2006 24-hour PM2.5 NAAQS (79 FR 27528).
The commenter has offered no data or evidence to suggest that the
submission does not do so.

III. Final Action

    The EPA is approving the portion of the June 28, 2010, SIP
submission from Oregon that addresses the interstate transport
requirements of CAA section 110(a)(2)(D)(i)(I) for the 2006 24-hour
PM2.5 NAAQS. The EPA is determining that Oregon's existing
SIP contains adequate provisions to ensure that air emissions from
Oregon will not significantly contribute to nonattainment or interfere
with maintenance of the 2006 24-hour PM2.5 NAAQS in any
other state. This action is being taken under section 110 of the CAA.

IV. 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, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because this action does not involve technical standards; and
does not provide the EPA with the discretionary authority to address,
as appropriate, disproportionate human health or environmental effects,
using practicable and legally permissible methods, under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 17, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, and Volatile organic
compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: December 31, 2014.
Michelle Pirzadeh,
Acting Regional Administrator, Region 10.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for Part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart MM--Oregon

0
2. In Sec.  52.1990 is amended by adding paragraph (b) to read as
follows:

Sec.  52.1990  Interstate Transport for the 2006 24-hour
PM2.5 NAAQS.

* * * * *
    (b) The EPA approves the portion of Oregon's SIP submitted on June
28, 2010 (cover letter dated June 23, 2010) addressing the requirements
of CAA section 110(a)(2)(D)(i)(I) for the 2006 24-hour PM2.5
NAAQS.

[FR Doc. 2015-00645 Filed 1-15-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 3, 2006 (Volume 71, Number 127)]
[Notices]
[Page 37930-37931]
[DOCID:fr03jy06-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 906-006]

Virginia Electric & Power Co.; Notice of Application Tendered for
Filing With the Commission, Soliciting Additional Study Requests, and
Establishing Procedural Schedule for Relicensing and a Deadline for
Submission of Final Amendments

June 26, 2006.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No: 906-006.
    c. Date Filed: June 12, 2006.
    d. Applicant: Virginia Electric and Power Company, doing business
as Dominion Virginia Power.
    e. Name of Project: Cushaw Hydroelectric Project.
    f. Location: On the James River in near Glasgow, Virginia, in
Bedford and Amherst Counties, Virginia. The project's impoundment
occupies 4.1 acres of United States Forest Service lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: James Thornton, Dominion Virginia Power, 5000
Dominion Boulevard, 1 NE, Glen Allen, VA 23060<PHONE_NUMBER>.
    i. FERC Contact: Kristen Murphy,<PHONE_NUMBER> or
<EMAIL_ADDRESS>
    j. Cooperating Agencies: We are asking Federal, state, local, and
tribal agencies with jurisdiction and/or special expertise with respect
to environmental issues to cooperate with us in the preparation of the
environmental document. Agencies who would like to request cooperating
status should follow the instructions for filing such requests
described in item l below. Cooperating agencies should note the
Commission's policy that agencies that cooperate in the preparation of
the environmental document cannot also intervene. See, 94 FERC 61,076
(2001).
    k. Pursuant to Section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if

any resource agency, Indian Tribe, or person believes that an
additional scientific study should be conducted in order to form an
adequate factual basis for a complete analysis of the application on
its merit, the resource agency, Indian Tribe, or person must file a
request for a study with the Commission not later than 60 days from the
date of filing of the application, and serve a copy of the request on
the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: August 11, 2006.
    All documents (original and eight copies) should be filed with:
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    Additional study requests and requests for cooperating agency
status may be filed electronically via the Internet in lieu of paper.
The Commission strongly encourages electronic filings. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
(http://www.ferc.gov) under the ``eFiling'' link.

    m. This application is not ready for environmental analysis at this
time.
    n. The Cushaw Project consists of the following features: (1) A
1,550-foot-long and 27-foot-high reinforced concrete dam extending
diagonally across the James River; (2) a 138-acre reservoir at a
surface elevation of 656 feet mean sea level; (3) an integral
powerhouse with the dam containing five generating units with a total
installed capacity of 7,500 kilowatts; (4) a 2.3-kV cable connecting
the powerhouse to the Cushaw substation; and (5) appurtenant
facilities. The project is operated in a run-of-river mode, and the
average annual electrical generation is approximately 16,971,000
kilowatthours.
    o. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's website at http://www.ferc.gov using the ``eLibrary''

link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is also available for
inspection and reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp
 to be notified via email of new filings and issuances

related to this or other pending projects. For assistance, contact FERC
Online Support.
    p. With this notice, we are initiating consultation with the
Virginia State Historic Preservation Officer (SHPO), as required by
Section 106 of the National Historic Preservation Act, and the
regulations of the Advisory Council on Historic Preservation, 36 CFR
800.4.
    q. Procedural schedule and final amendments: The application will
be processed according to the following Hydro Licensing Schedule.
Revisions to the schedule will be made as appropriate. The Commission
staff proposes to issue one environmental assessment rather than issue
a draft and final EA. Comments, terms and conditions, recommendations,
prescriptions, and reply comments, if any, will be addressed in an EA.
Staff intents to give at least 30 days for entities to comment on the
EA, and will take into consideration all comments received on the EA
before final action is taken on the license application.
    Issue Deficiency or Acceptance Letter: July 2006.
    Issue Scoping Document 1 for comments: August 2006.
    Notice of application is ready for environmental analysis: October
2006.
    Notice of the availability of the EA: February 2007.
    Ready for Commission's decision on the application: June 2007.
    Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

Magalie R. Salas,
Secretary.
[FR Doc. E6-10331 Filed 6-30-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Rules and Regulations]
[Pages 24342-24344]
[FR Doc No: 2012-9500]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1325; Directorate Identifier 2010-NM-250-AD;
Amendment 39-17014; AD 2012-07-08]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are superseding an existing airworthiness directive (AD)
for all EMBRAER Model ERJ 170 airplanes. That AD currently requires
revising the Airworthiness Limitations Section (ALS) of the
Instructions for Continued Airworthiness (ICA) to incorporate new
structural inspection requirements. Since we issued that AD, during
full scale fatigue testing, cracks were found in certain structural
components of the airplane. Analysis of these cracks resulted in the
manufacturer modifying the ALS of EMBRAER 170 Maintenance Review Board
Report (MRBR), to include new inspections tasks, or modifying the
current tasks and their respective thresholds and intervals. This new
AD requires revising the maintenance program to incorporate new or
revised structural inspection requirements. We are issuing this AD to
detect and correct fatigue cracking which could result in the loss of
structural integrity of the airplane.

DATES: This AD becomes effective May 29, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of May 29, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of July 6,
2010 (75 FR 30284, June 1, 2010).

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Cindy Ashforth, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 425-227-
2768; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on December 29, 2011
(76 FR 81894), and proposed to supersede AD 2010-11-13, Amendment 39-
16318 (75 FR 30284, June 1, 2010). That NPRM proposed to correct an
unsafe condition for the specified products. The MCAI states:

During the airplane full scale fatigue test, cracks were found in
some structural components of the airplane. Analysis of these cracks
resulted in modifications on the Airworthiness Limitation Section
(ALS) of Embraer ERJ 170 Maintenance Review Board Report (MRBR), to
include new inspections tasks or modification of existing ones and
its respective thresholds and intervals.
    Failure to inspect these structural components, according to the
new/revised tasks, thresholds and intervals, could prevent a timely
detection of fatigue cracking. These cracks, if not properly
addressed, could adversely affect the structural integrity of the
airplane.

* * * * *
The required action is revising the maintenance program to incorporate
new structural inspection requirements. You may obtain further
information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (76 FR 81894, December 29,
2011) or on the determination of the cost to the public.

Explanation of Changes Made to This AD

    We have revised certain headers throughout this AD. We have also
redesignated Note 1 of the NPRM (76 FR 81894, December 29, 2011) as
paragraph (c)(2) of this AD, and paragraph (c) of the NPRM as paragraph
(c)(1) of this AD. These changes have not changed the intent of this
AD.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD with the changes described
previously--and minor editorial changes. We have determined that these
minor changes:
     Are consistent with the intent that was proposed in the
NPRM (76 FR 81894, December 29, 2011) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (76 FR 81894, December 29, 2011).

Costs of Compliance

    We estimate that this AD will affect about 166 products of U.S.
registry.
    The actions that are required by AD 2010-11-13, Amendment 39-16318
(75 FR 30284, June 1, 2010), and retained in this AD take about 1 work-
hour per product, at an average labor rate of $85 per work hour. Based
on these figures, the estimated cost of the currently required actions
is $85 per product.
    We estimate that it will take about 1 work-hour per product to
comply with the new basic requirements of this AD. The average labor
rate is $85 per work-hour. Based on these figures, we estimate the cost
of this AD to the U.S. operators to be $14,110, or $85 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM (76 FR 81894, December 29,
2011), the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2010-11-13, Amendment 39-16318 (75 FR 30284, June 1, 2010), and adding
the following new AD:

2012-07-08 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-17014. Docket No. FAA-2011-1325; Directorate Identifier
2010-NM-250-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 29,
2012.

(b) Affected ADs

    This AD supersedes AD 2010-11-13, Amendment 39-16318 (75 FR
30284, June 1, 2010).

(c) Applicability

    (1) This AD applies to all Empresa Brasileira de Aeronautica
S.A. (EMBRAER) Model ERJ 170-100 LR, -100 STD, -100 SE., and -100 SU
airplanes; and Model ERJ 170-200 LR, -200 SU, and -200 STD
airplanes; certificated in any category.
    (2) This AD requires revisions to certain operator maintenance
documents to include new actions (e.g., inspections). Compliance
with these actions is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (k) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued damage tolerance of the affected structure. The FAA
has provided guidance for this determination in Advisory Circular
(AC) 25.1529-1A (http://rgl.faa.gov/Regulatory--and--Guidance--
Library/rgAdvisoryCircular.nsf/list/AC%2025.1529-1A/$FILE/
AC%2025.1529-1A.pdf).

(d) Subject

    Air Transport Association (ATA) of America Code 53: Fuselage;
57: Wings.

(e) Reason

    This AD was prompted by cracks found in certain structural
components during full scale fatigue testing of the airplane.
Analysis of these cracks resulted in manufacturer modifications of
the airworthiness limitations section (ALS) of EMBRAER 170
Maintenance Review Board Report (MRBR), which include new
inspections tasks, or modification of the current tasks and their
respective thresholds and intervals. We are issuing this AD to
detect and correct fatigue cracking which could result in the loss
of structural integrity of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Restatement of Requirements of AD 2010-11-13, Amendment 39-16318
(75 FR 30284, June 1, 2010): Actions

    (1) Within 90 days after July 6, 2010 (the effective date of AD
2010-11-13, Amendment 39-16318 (75 FR 30284, June 1, 2010)), revise
the ALS of the Instructions for Continued Airworthiness (ICA) to
incorporate the inspection tasks identified in the EMBRAER temporary
revisions (TRs) to Appendix A--Part 2 of the EMBRAER 170 MRBR MRB-
1621 listed in table 1 of this AD.
    (2) The initial compliance times for the tasks start from the
applicable threshold times specified in the temporary revisions
(TRs) for the corresponding tasks of the maintenance review board
report or within 500 flight cycles after July 6, 2010, whichever
occurs later. For certain tasks, the compliance times depend on the
pre-modification and post-modification status of the actions
specified in the associated service bulletin, as specified in the
``Applicability'' column of the applicable TRs identified in table 1
of this AD.
    (3) The threshold values stated in the TRs referenced in table 1
of this AD are total flight cycles on the airplane since the date of
issuance of the original Brazilian airworthiness certificate or the
date of issuance of the original Brazilian export certificate of
airworthiness.

                                            Table 1--Inspection Tasks
----------------------------------------------------------------------------------------------------------------
                  TR                             Date                       Subject                 Task No.
----------------------------------------------------------------------------------------------------------------
TR 4-1...............................  October 15, 2007........  Ram air turbine compartment,     53-10-012-0002
                                                                  support structure and           53-10-012-0003
                                                                  cutout structure--internal.
                                                                 Nose landing gear wheel well     53-10-021-0005
                                                                  metallic structure.             53-10-021-0006
TR 4-3...............................  December 6, 2007........  Wing stub spar 3 side             57-01-012-001
                                                                  fitting--internal.
                                                                 Wing upper skin panels--         57-10-010-0002
                                                                  external.
                                                                 Fixed trailing edge lower        57-50-002-0002
                                                                  skin panel--external.
                                                                 Fixed trailing edge rib 4A--     57-50-005-0003
                                                                  external.
                                                                 Fixed trailing edge rib 6--      57-50-005-0004
                                                                  internal.
TR 4-4...............................  January 18, 2008........  Wing stub main box lower--        57-01-002-003
                                                                  internal.
----------------------------------------------------------------------------------------------------------------

(h) No Alternative Inspections for Paragraph (g) of This AD

    Except as required by paragraph (i) of this AD, after
accomplishing the actions specified in paragraph (g) of this AD, no
alternative inspections or inspection intervals may be used unless
the inspection or inspection interval is approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
or the Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC)
(or its delegated agent); or unless the inspection or interval is
approved as an alternative method of compliance (AMOC) in accordance
with the procedures specified in paragraph (k)(1) of this AD.

(i) New Requirements of This AD: Revising the Maintenance Program

    (1) Within 60 days after the effective date of this AD: Revise
the maintenance program to incorporate the new or revised tasks
specified in Part 2--Airworthiness Limitation Inspection (ALI)--
Structures, of Appendix A, Airworthiness Limitations, of the EMBRAER
170 MRBR MRB-1621, Revision 7, dated November 11, 2010; and EMBRAER
Temporary Revision (TR) 7-1, dated February 11, 2011, to Part 2--
Airworthiness Limitation Inspection (ALI)--Structures, of Appendix
A, Airworthiness Limitations, of the EMBRAER 170 MRBR MRB-1621,
Revision 7; with the initial compliance times and intervals
specified in these documents.
    (2) The initial compliance times for the tasks start from the
date of issuance of the original Brazilian airworthiness certificate
or the date of issuance of the original Brazilian export certificate
of airworthiness of the applicable airplane at the applicable time
specified in the tasks, or within 600 flight cycles after revising
the maintenance program, whichever occurs later. For certain tasks,
the compliance times depend on the pre-modification and post-
modification status of the actions specified in the associated
service bulletin, as specified in the ``Applicability'' column of
Part 2--Airworthiness Limitation Inspection (ALI)--Structures, of
Appendix A, Airworthiness Limitations, of the EMBRAER 170 MRBR MRB-
1621, Revision 7, dated November 11, 2010; and EMBRAER Temporary
Revision 7-1, dated February 11, 2011, to Part 2--Airworthiness
Limitation Inspection (ALI)--Structures, of Appendix A,
Airworthiness Limitations of the EMBRAER 170 MRBR MRB-1621, Revision
7.
    (3) For tasks identified in the documents identified in
paragraph (i)(1) of this AD, doing the initial task required by this
paragraph terminates the requirements of paragraph (g) of this AD
for that task.

(j) No Alternative Actions Intervals, and/or Critical Design
Configuration Control Limitations (CDCCLs)

    After accomplishing the revisions required by paragraph (i) of
this AD, no alternative actions (e.g., inspections), intervals, and/
or CDCCLs may be used other than those specified in Part 2--
Airworthiness Limitation Inspection (ALI)--Structures, of Appendix
A, Airworthiness Limitations, of the EMBRAER 170 MRBR MRB-1621,
Revision 7, dated November 11, 2010; and EMBRAER Temporary Revision
7-1, dated February 11, 2011, to Part 2--Airworthiness Limitation
Inspection (ALI)--Structures, of Appendix A, Airworthiness
Limitations, of the EMBRAER 170 MRBR MRB-1621, Revision 7, unless
the actions, intervals, and/or CDCCLs are approved as an AMOC in
accordance with the procedures specified in paragraph (k)(1) of this
AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the International
Branch, send it to ATTN: Cindy Ashforth, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 425-
227-2768; fax<PHONE_NUMBER>. Information may be emailed to<EMAIL_ADDRESS>Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the local flight standards district
office/certificate holding district office. The AMOC approval letter
must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(l) Related Information

    Refer to MCAI Brazilian Airworthiness Directive 2011-04-01,
dated May 5, 2011; and Part 2--Airworthiness Limitation Inspection
(ALI)--Structures, of Appendix A, Airworthiness Limitations, of the
EMBRAER 170 MRBR MRB-1621, Revision 7, dated November 11, 2010; and
EMBRAER Temporary Revision 7-1, dated February 11, 2011, to Part 2--
Airworthiness Limitation Inspection (ALI)--Structures, of Appendix
A, Airworthiness Limitations, of the EMBRAER 170 MRBR MRB-1621,
Revision 7; for related information.

(m) Material Incorporated by Reference

    (1) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference (IBR) of the following service information under 5 U.S.C.
552(a) and 1 CFR part 51 on the date specified.
    (2) The following service information was approved for IBR on
May 29, 2012.
    (i) Part 2--Airworthiness Limitation Inspection (ALI)--
Structures, of Appendix A, Airworthiness Limitations, of the EMBRAER
170 MRBR MRB-1621, Revision 7, dated November 11, 2010. *Only the
title page of this document specifies the revision level of the
document.
    (ii) EMBRAER Temporary Revision 7-1, dated February 11, 2011, to
Part 2--Airworthiness Limitation Inspection (ALI)--Structures, of
Appendix A, Airworthiness Limitations of the EMBRAER 170 MRBR MRB-
1621, Revision 7.
    (3) The following service information was approved for IBR on
July 6, 2010 (75 FR 30284, June 1, 2010):
    (i) EMBRAER Temporary Revision 4-1, dated October 15, 2007, to
Appendix A-Part 2 of the EMBRAER 170 Maintenance Review Board Report
MRB-1621.
    (ii) EMBRAER Temporary Revision 4-3, dated December 6, 2007, to
Appendix A--Part 2 of the EMBRAER 170 Maintenance Review Board
Report MRB-1621.
    (iii) EMBRAER Temporary Revision 4-4, dated January 18, 2008, to
Appendix A- Part 2 of the EMBRAER 170 Maintenance Review Board
Report MRB-1621.
    (4) For service information identified in this AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170-
Putim-12227-901 S[atilde]o Jose dos Campos--SP--BRASIL; telephone
+55 12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; email:
<EMAIL_ADDRESS>Internet: http://www.flyembraer.com.
    (5) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (6) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 29, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-9500 Filed 4-23-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 152 (Wednesday, August 7, 2019)]
[Notices]
[Page 38615]
[FR Doc No: 2019-16849]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ19-15-000]

Orlando Utilities Commission; Notice of Filing

    Take notice that on July 15, 2019, the Orlando Utilities Commission
submitted its tariff filing: Revised Non-Jurisdictional Rate Sheets
Open Access Transmission Tariff to be effective October 1, 2019.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
eLibrary link and is available for review in the Commission's Public
Reference Room in Washington, DC. There is an eSubscription link on the
website that enables subscribers to receive email notification when a
document is added to a subscribed docket(s). For assistance with any
FERC Online service, please email<EMAIL_ADDRESS>or call
(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on August 5, 2019.

    Dated: August 1, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-16849 Filed 8-6-19; 8:45 am]
BILLING CODE 6717-01-P