[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Rules and Regulations]
[Pages 80562-80565]
[FR Doc No: 2023-25506]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1414; Project Identifier MCAI-2023-00438-T;
Amendment 39-22593; AD 2023-22-09]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A350-941 airplanes. This AD was prompted by a
report that the axis index washers on the forward and rear main landing
gear door hinges were found inverted in production. This AD requires a
one-time detailed inspection of the axis index washers for correct
installation, and, depending on findings, replacement of the axis index
washers, as specified in a European Union Aviation Safety Agency (EASA)
AD, which is incorporated by reference. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective December 26, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 26,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1414; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For EASA material identified in this AD, 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 ad.easa.europa.eu.
     You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th Street,
Des Moines, WA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2023-1414.

FOR FURTHER INFORMATION CONTACT: Dat Le, Aviation Safety Engineer, FAA,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7317; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus SAS
Model A350-941 airplanes. The NPRM published in the Federal Register on

July 14, 2023 (88 FR 45112). The NPRM was prompted by AD 2023-0051,
dated March 10, 2023, issued by EASA, which is the Technical Agent for
the Member States of the European Union (EASA AD 2023-0051) (also
referred to as the MCAI). The MCAI states that the forward (#1) and
rear (#3) main landing gear door (MLGD) hinge axis index washers were
found inverted in production (index washer for forward fitting
installed at rear fitting and vice versa). This condition, if not
detected and corrected, could lead to reduced structural integrity of
the MLGD hinge fittings, possibly resulting in the loss of an MLGD
during flight, and consequent injury to persons on the ground.
    The FAA is issuing this AD to address the unsafe condition on these
products. You may examine the MCAI in the AD docket at regulations.gov
under Docket No. FAA-2023-1414.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Air Line Pilots Association,
International (ALPA) who supported the NPRM without change.
    The FAA received additional comments from Delta Air Lines (Delta).
The following presents the comments received on the NPRM and the FAA's
response to the comments.

Request for Clarification of Required Actions

    Delta requested that an exception should be added to paragraph (h)
of the proposed AD stating that the accomplishment of A350 maintenance
procedures A350-A-32-12-72-00ZZZ-520Z-A and A350-A-32-12-72-00ZZZ-720Z-
A to be utilized with the terminology ``Refer to'' in lieu of ``in
accordance with'' to allow utilizing only the portions of the
maintenance procedure that pertains to the replacement of the index
washers, index pins and axis assemblies, one at a time, first the FWD
side and then the AFT side in lieu of removing and re-installing the
entire MLGD when replacing the affected parts per the proposed AD.
Delta stated that, alternatively, the exception could identify specific
steps and paragraphs of the maintenance procedures that are utilized
for replacement of the affected parts only. Delta contends that the
removal of the entire MLGD appears not to be the intent of Airbus
Service Bulletin A350-52-P048 (the service information referenced in
EASA AD 2023-0051), the EASA AD, and this proposed AD. Delta noted that
the ``in accordance with'' language in the service information is
contradictory to the detailed subsequent steps of the service
information.
    The FAA agrees the intent was not to remove and re-install the
MLGD, but to replace the affected parts. The FAA AD agrees that A350
maintenance procedures A350-A-32-12-72-00ZZZ-520Z-A and A350-A-32-12-
72-00ZZZ-720Z-A are for reference when accomplishing the required
actions. The FAA added paragraph (h)(2) to this AD to clarify the
required actions.

Request for Clarification of Figure Reference

    Delta requested an exception should be added to paragraph (h) of
the proposed AD stating where maintenance procedure A350-A-52-XX-P048-
01ZZZ-93CZ-A, paragraphs C(1)(c)3 & 4, Figure BC refers to Detail E,
change to Detail F; and where paragraphs C(2)(c)3 & 4, Figure BD,
refers to Detail E, change to Detail F. Delta noted these errors are in
the original issue and Revision 01 of Airbus Service Bulletin A350-52-
P048.
    The FAA has confirmed with the manufacturer that the service
information steps are correct and address the unsafe condition and that
Figures BC and BD are for reference only. The manufacturer stated that
it is considering addressing any errors in a future revision of Airbus
Service Bulletin A350-52-P048. The FAA has not changed this AD in this
regard.

Conclusion

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comments received, and determined that air safety requires adopting
this AD as proposed. Accordingly, the FAA is issuing this AD to address
the unsafe condition on this product. Except for minor editorial
changes, and any other changes described previously, this AD is adopted
as proposed in the NPRM. None of the changes will increase the economic
burden on any operator.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0051 specifies procedures for a one-time detailed
inspection of the MLGD forward and rear hinges for incorrectly
installed axis index washers and, depending on findings, replacement of
the axis index washers.
    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.

Costs of Compliance

    The FAA estimates that this AD affects 23 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2.25 work-hours x $85 per hour = $192........................              $0             $192           $4,416
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
required actions. The FAA has no data to determine the number of
airplanes that might need this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
            Labor cost                  Parts cost           product
------------------------------------------------------------------------
8.25 work-hours x $85 per hour =   $10 per door........            $712
 $702.
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Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2023-22-09 Airbus SAS: Amendment 39-22593; Docket No. FAA-2023-1414;
Project Identifier MCAI-2023-00438-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 26,
2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 airplanes,
certificated in any category, as identified in European Union
Aviation Safety Agency (EASA) AD 2023-0051, dated March 10, 2023
(EASA AD 2023-0051).

(d) Subject

    Air Transport Association (ATA) of America Code: 52, Doors.

(e) Unsafe Condition

    This AD was prompted by a report that the axis index washers on
the forward and rear main landing gear door (MLGD) hinges were found
inverted in production. The FAA is issuing this AD to address
incorrectly installed washers. The unsafe condition, if not
addressed, could result in reduced structural integrity of the MLGD
hinge fittings, possibly resulting in a loss of an MLGD during
flight, and consequent injury to persons on the ground.

(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 2023-0051.

(h) Exceptions to EASA AD 2023-0051

    (1) Where the applicability and Groups definitions of EASA AD
2023-0051 refer to serial numbers, replace the text ``the SB'' with
``Airbus Service Bulletin A350-52-P048, dated November 24, 2022.''
    (2) Where the service information referenced in EASA AD 2023-
0051 specifies to accomplish actions ``in accordance with'' A350
maintenance procedures A350-A-32-12-72-00ZZZ-520Z-A and A350-A-32-
12-72-00ZZZ-720Z-A, for this AD, those maintenance procedures are
for reference only when accomplishing the actions.
    (3) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0051.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2023-0051
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) 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 manager of the
International Validation Branch, mail it to the address identified
in paragraph (k) of this AD or email to: [email protected].
If mailing information, also submit information by email. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, 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 (j)(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.

(k) Additional Information

    For more information about this AD, contact Dat Le, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; email: [email protected].

(l) 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 2023-0051,
dated March 10, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0051, 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: ad.easa.europa.eu.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th Street, Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material at the National Archives and
Records

Administration (NARA). For information on the availability of this
material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on October 30, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-25506 Filed 11-17-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 81 (Tuesday, April 28, 2015)]
[Notices]
[Pages 23530-23532]
[FR Doc No: 2015-09746]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-88-000]

Tennessee Gas Pipeline Company, LLC; Notice of Intent To Prepare
an Environmental Assessment for the Proposed Abandonment and Capacity
Restoration Project Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Abandonment and Capacity
Restoration Project (Project) involving abandonment of facilities by
Tennessee Gas Pipeline Company, LLC (Tennessee). The Commission will
use this EA in its decision-making process to determine whether the
project is in the public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. Your input will help the Commission staff
determine what issues they need to evaluate in the EA. Please note that
the scoping period will close on May 18, 2015. You may submit comments
in written form. Further details on how to submit written comments are
in the Public Participation section of this notice.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable agreement. However, if
the Commission approves the project, that approval conveys with it the
right of eminent domain. Therefore, if easement negotiations fail to
produce an agreement, the pipeline company could initiate condemnation
proceedings where compensation would be determined in accordance with
state law.
    Tennessee provided landowners with a fact sheet prepared by the
FERC entitled ``An Interstate Natural Gas Facility On My Land? What Do
I Need To Know?'' This fact sheet addresses a number of typically-asked
questions, including the use of eminent domain and how to participate
in the Commission's proceedings. It is also available for viewing on
the FERC Web site (www.ferc.gov).

Summary of the Proposed Project

    Tennessee proposes to abandon in place and remove from service
approximately 964 miles of Tennessee's existing pipelines that run from
Natchitoches Parish, LA, to Columbiana County, Ohio. Tennessee
currently operates six parallel pipelines that transport natural gas
from the Gulf of Mexico region to the Northeast markets. The proposed
Project would occur on Tennessee's existing 100 and 200 Lines. In order
to replace capacity that would be lost due to the abandonment,
Tennessee would modify and construct certain facilities along the
existing pipelines not proposed for abandonment.
    Tennessee would abandon in place the following facilities:
     677 miles of Tennessee's 24-inch-diameter 100-1 Line from
Compressor Station 40 in Natchitoches Parish, Louisiana, to Compressor
Station 106 in Powel County, Kentucky;
     77 miles of Tennessee's 26-inch-diameter 100-3 Line from
Compressor Station 106 to Compressor Station 200 in Greenup County,
Kentucky; and
     210 miles of Tennessee's 26-inch-diameter 200-3 Line from
Compressor Station 200 to MLV 216 in Columbiana County, Ohio, including
disconnection of the 200-3 Line from an aerial crossing at either side
of the Ohio River headers.
    Tennessee would construct and install the following facilities:
     An additional 10,771 horsepower (hp) compressor unit at
Compressor Station 875, to be constructed by Tennessee as part of the
Broad Run Expansion Project (FERC Docket CP15-77-000) in Madison
County, Kentucky;
     Two compressor units at Tennessee's existing Compressor
Station 110 in Rowan County, Kentucky, adding 32,000 hp;
     Four new mid-point compressor stations, (Compressor
Stations 202.5, 206.5, 211.5, and 216.5), on lines 200-1, 200-2, and
200-4, adding a total of 82,000 hp in Jackson, Morgan, Tuscarawas, and
Mahoning counties, Ohio;
     A 7.6-mile-long new pipeline loop\1\ in Carter and Lewis
Counties, Kentucky to continue Tennessee's Line 100-7; and
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    \1\ A pipeline loop is a segment of pipe constructed parallel to
an existing pipeline to increase capacity.
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     Removal of certain crossovers, taps, valves and
miscellaneous pipe, and the relocation and/or installation of new taps
to complete the physical separation of the Abandoned Line from
Tennessee's retained pipelines.

Land Requirements

    Project activities, including abandonment, construction and
modification of existing facilities, would disturb about 463 acres of
land. Following abandonment and construction activities, Tennessee
would maintain about 256.4 acres for permanent operation of the
project's facilities; the remaining acreage would be restored and
revert to former uses. About 105.3 acres of land would be disturbed by
the construction of new compressor stations in Jackson, Morgan,
Tuscarawas, and Mahoning counties, Ohio (60.3 acres would be
permanently maintained for operation). Construction of the 7.6-mile-
long new pipeline would disturb about 163 acres of land in Carter and
Lewis Counties, Kentucky (46.3 acres would be permanently maintained
for operation). Land disturbed by modifications to existing compressor
stations and removal, relocation and/or installation of crossovers,
taps, valves and miscellaneous pipe on Tennessee's existing pipeline
would be mostly within Tennessee's existing right-of-way. The general
location of the Project is shown in appendix 1.\2\
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    \2\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called ``eLibrary'' or from the Commission's Public
Reference Room, 888 First Street NE., Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.
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Future Use of the Abandoned Pipeline Facilities

    Following the abandonment of Tennessee's pipeline facilities, if
the Commission approves the Project,

Tennessee indicates that it would complete necessary work to disconnect
and transfer the Abandoned Line and associated facilities to Utica
Marcellus Texas Pipeline, LLC (UMTP) who would convert the Abandoned
Line to natural gas liquids (NGL) products transportation service (UMTP
Project). These activities involving future use of the Abandoned Line
are not under the FERC's jurisdiction, and therefore, are not subject
to the FERC's review procedures. In the EA, we will provide available
descriptions of the future use and non-jurisdictional activities,
including the UMTP Project, and discuss them in our analysis of
cumulative impacts.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\3\ to discover and address concerns the public may have about
proposals. This process is referred to as ``scoping.'' The main goal of
the scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. We will
consider all filed comments during the preparation of the EA.
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    \3\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
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    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the proposed project under these
general headings:
     Geology and soils;
     Land use;
     Water resources, fisheries, and wetlands;
     Cultural resources;
     Vegetation and wildlife;
     Air quality and noise;
     Endangered and threatened species; and
     Public safety.
    We will also evaluate reasonable alternatives to the proposed
project or portions of the project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. Depending on
the comments received during the scoping process, we may also publish
and distribute the EA to the public for an allotted comment period. We
will consider all comments on the EA before making our recommendations
to the Commission. To ensure we have the opportunity to consider and
address your comments, please carefully follow the instructions in the
Public Participation section on page 5.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues of
this project to formally cooperate with us in the preparation of the EA
\4\. Agencies that would like to request cooperating agency status
should follow the instructions for filing comments provided under the
Public Participation section of this notice.
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    \4\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
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Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the applicable State Historic Preservation Office(s) (SHPO), and
to solicit their views and those of other government agencies,
interested Indian tribes, and the public on the project's potential
effects on historic properties.\5\ We will define the project-specific
Area of Potential Effects (APE) in consultation with the SHPO(s) as the
project develops. On natural gas facility projects, the APE at a
minimum encompasses all areas subject to ground disturbance (examples
include construction right-of-way, contractor/pipe storage yards,
compressor stations, and access roads). Our EA for this project will
document our findings on the impacts on historic properties and
summarize the status of consultations under section 106.
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    \5\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send your comments so
that the Commission receives them in Washington, DC on or before May
18, 2015.
    For your convenience, there are three methods which you can use to
submit your comments to the Commission. In all instances please
reference the project docket number (CP15-88-000) with your submission.
The Commission encourages electronic filing of comments and has expert
staff available to assist you at<PHONE_NUMBER> or<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for interested persons to
submit brief, text-only comments on a project;
    (2) You can file your comments electronically using the eFiling
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for abandonment purposes, or who own homes
within certain distances of aboveground facilities, and anyone who
submits comments on the project. We will update the environmental
mailing list as the analysis proceeds to ensure that we send the
information related to this environmental review to all individuals,
organizations, and government entities interested in and/or potentially
affected by the proposed project.

    If we publish and distribute the EA, copies will be sent to the
environmental mailing list for public review and comment. If you would
prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (appendix 2).

Becoming an Intervenor

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

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site at www.ferc.gov using the ``eLibrary'' link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., CP15-
88). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: April 17, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-09746 Filed 4-27-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 104 (Thursday, May 30, 2019)]
[Notices]
[Pages 25086-25089]
[FR Doc No: 2019-11238]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85931; File No. SR-C2-2019-011]

Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
To Amend Rule 6.11

May 23, 2019.
    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 May 16, 2019, 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 and II
below, which Items have been prepared by the Exchange. The Exchange
filed the proposal as a ``non-controversial'' proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 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

    Cboe C2 Exchange, Inc. (the ``Exchange'' or ``C2'') proposes to
amend Rule 6.11. The text of the proposed rule change is provided in
Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/options/regulation/rule_filings/ctwo/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The proposed rule change makes enhancements to the Exchange's
opening auction process. The Exchange recently adopted an opening
auction process, which the Exchange intends to implement on June 17,
2019.\5\ The Exchange intends to implement the

enhancements proposed in this rule filing at that time.
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    \5\ See Securities Exchange Act Release No. 85788 (May 6, 2019),
84 FR 20673 (May 10, 2019), SR-C2-2019-009. The changes in SR-C2-
2019-009 are currently effective but not yet operative; however, the
proposed rule text in this rule filing assume operativeness of those
effective changes.
---------------------------------------------------------------------------

    First, the proposed rule change amends the definition of Composite
Market in Rule 6.11(a). The term ``Composite Market'' means the market
for a series comprised of (1) the higher of the then-current best
appointed Market-Maker bulk message bid on the Queuing Book and the
away best bid (``ABB'') (if there is an ABB) and (2) the lower of the
then-current best appointed Market-Maker bulk message offer on the
Queuing Book and the away best offer (``ABO'') (if there is an ABO).\6\
The Queuing Book means the book into which Users may submit orders and
quotes (and onto which good-til-cancelled and good-til-day orders
remaining on the Book from the previous trading session or trading day,
as applicable, are entered) during the Queuing Period for participation
in the applicable opening rotation. The Queuing Period means the time
period prior to the initiation of an opening rotation during which the
System accepts orders and quotes for participation in the opening
rotation for the applicable trading session. Therefore, in an All
Sessions Class (i.e., a class that trades during both the Global
Trading Hours (``GTH'') and Regular Trading Hours (``RTH'') trading
sessions), the Composite Market will be based on the appointed Market-
Maker bulk message bids and offers in the RTH Queuing Book (available
from 7:30 a.m. through the opening of trading). It currently will not
consider any appointed Market-Maker bulk message bids and offers in
that class in the GTH book (on which trading will be occurring in that
class from 8:30 a.m. through 9:15 a.m.).
---------------------------------------------------------------------------

    \6\ The term ``Composite Bid (Offer)'' means the bid (offer)
used to determine the Composite Market.
---------------------------------------------------------------------------

    Market-Makers are generally responsible for pricing the markets in
their appointed classes, which is why the Exchange considers Market-
Makers' bulk message bids and offers when determining the Composite
Market in connection with the opening auction process. For that reason,
the price protection measures applied during the opening auction
process (the Maximum Composite Width check and the Opening Collar) are
based on the Composite Market. The Exchange believes it would be
beneficial, and may lead to more accurate pricing during the opening
auction process, for the Composite Market to be used for the RTH
opening auction process to incorporate all available bulk message bids
and offers from appointed Market-Makers, including any in the GTH book.
Therefore, the proposed rule change amends the definition of Composite
Market to provide that it will be comprised of the higher (lower) of
the then-current best appointed Market-Maker bulk message bid (offer)
on the Exchange (which includes both the RTH Queuing Book and the GTH
book), rather than just the Queuing Book.
    Second, the proposed rule change amends Rule 6.11(e)(1) to provide
that a series is not eligible to open if the Composite Market is
crossed (i.e., the Composite Bid is higher than the Composite Offer). A
series will be eligible to open if the Composite Width is less than or
equal to the Maximum Composite Width, or is greater than the Maximum
Composite Width but there are no non-M Capacity market orders or buy
(sell) limit orders with prices higher (lower) than the Composite Bid
(Offer) and no orders or quotes marketable against each other (i.e.,
locked or crossed).\7\ The Maximum Composite Width Check is a price
protection measure intended to prevent orders from executing at extreme
prices at the open. A crossed market is generally unreliable, and
opening with a crossed Composite Market may create price risk for any
executions that may occur during the opening rotation (pursuant to
subparagraph (e)(3)). Therefore, the proposed rule change enhances the
Maximum Composite Width check price protection to provide that the
Composite Market may not be crossed for a series to be eligible to
open.
---------------------------------------------------------------------------

    \7\ The proposed rule change makes a nonsubstantive change to
this language in Rule 6.11(e)(1)(B). Once a series satisfies the
conditions in the Maximum Composite Width Check, the System will
determine an Opening Trading Price pursuant to Rule 6.11(e)(2), and
then open the series pursuant to Rule 6.11(e)(3).
---------------------------------------------------------------------------

    Third, the proposed rule change harmonizes how the opening auction
process will be used following all trading halts. Current Rule 6.11(g)
provides that if there is a Regulatory Halt,\8\ the Queuing Period
begins immediately when the Exchange halts trading in the class. If the
Exchange declares any other type of halt in a class (i.e., a non-
Regulatory Halt), there will be no Queuing Period. Additionally, if
there is a Regulatory Halt, the System queues a User's open orders or
quotes, unless the User entered instructions to cancel its open resting
orders and quotes, but if there is a non-Regulatory Halt, the System
cancels a User's open orders and quotes. The Exchange has determined to
eliminate the distinction between how the opening auction process
applies following a Regulatory Halt and a non-Regulatory Halt. The
proposed rule change provides that the opening auction process
following any trading halt will apply in the manner it currently
applies following a Regulatory Halt. In other words, following a non-
Regulatory Halt, there will be a Queuing Period during the trading
halt. Additionally, in the event of a non-Regulatory Halt, the System
will queue a User's orders and quotes resting on the book at the time
of the trading halt for participation in the opening rotation following
the trading halt, unless the User entered instructions to cancels its
resting orders and quotes. This will provide Users with the ability to
decide how its resting orders and quotes should be handled in the event
of a non-Regulatory Halt, as they are currently able to do in the event
of a Regulatory Halt. The Exchange also believes elimination of this
distinction will eliminate potential investor confusion regarding how
the System will handle orders and quotes in the event of a trading
halt.\9\
---------------------------------------------------------------------------

    \8\ If the primary market for the applicable underlying security
declares a regulatory trading halt, suspension, or pause with
respect to such security, it is referred to as a ``Regulatory
Halt.''
    \9\ The proposed rule change also makes nonsubstantive changes
to paragraph (g).
---------------------------------------------------------------------------

    Finally, the proposed rule change makes several nonsubstantive
changes in Rule 6.11:
     The proposed rule change makes a grammatical change in
subparagraph (b)(2).
     The proposed rule change adds the word ``process'' in
subparagraph (b)(2)(E) after the term ``opening auction,'' as it was
inadvertently omitted (throughout Rule 6.11, the entire opening is
referred to as the ``opening auction process'').
    The proposed rule change updates subparagraph (e)(2) to clarify
when the System will and will not be able to determine an Opening Trade
Price. The System determines an Opening Trade Price if there are orders
and quotes marketable against each other at a price not outside the
Opening Collar (this is consistent with the current rule, which states
there is no Opening Trade Price if there are no locked or crossed
orders or quotes (i.e., marketable orders and quotes) at a price not
outside the Opening Collar). The proposed rule change merely modifies
the language, which the Exchange believes is clearer, and makes
corresponding changes to the paragraph numbering and lettering.
Additionally, the proposed rule change adds the defined term ``VMIM
price'', which is the price determined by the process described in
current subparagraphs (e)(2)(A)(i) through (iii) (proposed
subparagraphs (e)(2)(A) through (3)). The proposed rule change

does not modify the process used to determine that price.
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.\10\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \11\ 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) \12\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
    \12\ Id.
---------------------------------------------------------------------------

    In particular, the proposed revision to the definition of Composite
Market will remove impediments to and perfect the mechanism of a free
and open market and a national market system and protect investors,
because it will ensure the price protection measures used during the
opening auction process, which are based on the Composite Market, for
the RTH opening in an All Sessions Class will incorporate all available
pricing information on the Exchange from appointed Market-Makers in
that class. The Exchange believes this may lead to a more accurate
Opening Trade Price. The proposed rule change to not open a series if
the Composite Market is crossed will promote just and equitable
principles of trade and protect investors, because crossed markets are
generally unreliable. The Exchange believes not opening a series if the
Composite Market is crossed may reduce the risk of erroneously priced
executions during the opening rotation. The proposed rule change to
harmonize the opening auction process following all types of trading
halts will protect investors by eliminating potential confusion
regarding how the Exchange will open series following trading halts,
and by providing Users with flexibility regarding how the System will
handle their orders and quotes following a non-Regulatory Halt (as they
currently have following a Regulatory Halt). The proposed
nonsubstantive changes will benefit investors by providing additional
clarity to the Rules.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change
will not impose any burden on intramarket competition that is not
necessary or appropriate in furtherance of the purposes of the Act. The
proposed changes to the price protection measures used during the
opening auction process will apply in the same manner to all orders and
quotes of all Users. All Users will have the same flexibility regarding
how the System will handle their orders and quotes following non-
Regulatory Halts, which is the same flexibility currently available to
Users following Regulatory Halts. If a User wants its orders and quotes
to be handled following a non-Regulatory Halt in the manner they are
today, that User can instruct the Exchange to do so. The proposed rule
change will not impose any burden on intermarket competition that is
not necessary or appropriate in furtherance of the purposes of the Act.
The proposed changes to the price protections used during the opening
auction process only impact how series will open on the Exchange prior
to the opening of trading. The proposed changes are intended to enhance
the price protections used during the opening process and are not
intended as competitive changes, and to provide Users with flexibility
with respect to the handling of their orders and quotes following a
non-Regulatory Halt. The proposed nonsubstantive changes do not impact
trading, and thus have no competitive impact; they merely provide
additional clarity to the Rules.

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

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

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

    Because the foregoing rule does not (i) significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, provided that the self-regulatory organization
has given the Commission written notice of its intent to file the
proposed rule change at least five business days prior to the date of
filing of the proposed rule change or such shorter time as designated
by the Commission,\13\ the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \14\ and Rule 19b-4(f)(6)
thereunder.\15\
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    \13\ The Exchange has satisfied this requirement.
    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 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. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-C2-2019-011 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-C2-2019-011. 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-C2-2019-011 and should be submitted on
or before June 20, 2019.
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-11238 Filed 5-29-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Notices]
[Page 53054]
[FR Doc No: 2021-20742]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9058-5]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EIS)
Filed September 13, 2021 10 a.m. EST Through September 20, 2021 10 a.m.
EST
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20210141, Draft, DOD, ID, Construction and Demonstration of a
Prototype Mobile Microreactor, Comment Period Ends: 11/09/2021,
Contact: Jeff Waksman<PHONE_NUMBER>.
EIS No. 20210142, Draft, USFWS, WA, Thurston County Habitat
Conservation Plan, Thurston County, Washington, Comment Period Ends:
11/08/2021, Contact: Curtis Tanner<PHONE_NUMBER>.
EIS No. 20210143, Final, FHWA, IN, I-69 Ohio River Crossing Project,
Contact: Michelle Allen<PHONE_NUMBER>.

    Under 23 U.S.C. 139(n)(2), FHWA has issued a single document that
consists of a final environmental impact statement and record of
decision. Therefore, the 30-day wait/review period under NEPA does not
apply to this action.

EIS No. 20210144, Draft, USCG, Other, Waterways Commerce Cutter
Acquisition, Comment Period Ends: 11/08/2021, Contact: LCDR Sarah
Krolman<PHONE_NUMBER>.
EIS No. 20210145, Final, USACE, MT, Fort Peck Dam Test Release, Review
Period Ends: 10/25/2021, Contact: Aaron Quinn<PHONE_NUMBER>.

Amended Notice

EIS No. 20200239, Draft, MARAD, USCG, TX, Texas Gulflink Deepwater Port
License Application, Comment Period Ends: 11/08/2021, Contact: Brad
McKitrick<PHONE_NUMBER>.

    Revision to FR Notice Published 02/12/2021; USCG and MARAD have
reopened the comment period to end on 11/08/2021.

EIS No. 20210092, Draft, USAF, ID, Airspace Optimization for Readiness
for Mountain Home Air Force Base, Comment Period Ends: 10/25/2021,
Contact: Robin Divine<PHONE_NUMBER>.

    Revision to FR Notice Published 07/09/2021; Extending the Comment
Period from 09/22/2021 to 10/25/2021.

EIS No. 20210118, Draft Supplement, NHTSA, REG, Model Year 2024-2026
Corporate Average Fuel Economy Standards, Comment Period Ends: 10/26/
2021, Contact: Vinay Nagabhushana<PHONE_NUMBER>.

    Revision to FR Notice Published 08/20/2021; Extending the Comment
Period from 10/04/2021 to 10/26/2021.

    Dated: September 20, 2021.
Cindy S. Barger,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2021-20742 Filed 9-23-21; 8:45 am]
BILLING CODE 6560-50-P