[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Notices]
[Pages 35118-35119]
[FR Doc No: 2021-14098]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4601-DR; Docket ID FEMA-2021-0001]

Tennessee; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Tennessee (FEMA-4601-DR), dated May 8, 2021,
and related determinations.

DATES: The declaration was issued May 8, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated May 8, 2021, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Tennessee resulting from severe storms, tornadoes, and flooding
during the period of March 25 to April 3, 2021, is of sufficient
severity and magnitude to warrant a major disaster declaration under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
42 U.S.C. 5121 et seq. (the ``Stafford

Act''). Therefore, I declare that such a major disaster exists in
the State of Tennessee.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance and Public
Assistance in the designated areas and Hazard Mitigation throughout
the State. Consistent with the requirement that Federal assistance
be supplemental, any Federal funds provided under the Stafford Act
for Public Assistance, Hazard Mitigation, and Other Needs Assistance
under section 408 will be limited to 75 percent of the total
eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Myra M. Shird, of FEMA is appointed
to act as the Federal Coordinating Officer for this major disaster.
    The following areas of the State of Tennessee have been designated
as adversely affected by this major disaster:

    Davidson, Williamson, and Wilson Counties for Individual
Assistance.
    Campbell, Cannon, Cheatham, Claiborne, Clay, Davidson, Decatur,
Fentress, Grainger, Hardeman, Henderson, Hickman, Jackson, Madison,
Maury, McNairy, Moore, Overton, Scott, Smith, Wayne, Williamson, and
Wilson Counties for Public Assistance.
    All areas within the State of Tennessee are eligible for
assistance under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-14098 Filed 6-30-21; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 84, Number 147 (Wednesday, July 31, 2019)]
[Rules and Regulations]
[Pages 37104-37107]
[FR Doc No: 2019-16336]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[EPA-R05-OAR-2018-0285; FRL-9997-36-Region 5]

Air Plan Approval; Wisconsin; Title V Operation Permit Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving updates
and revisions to the Wisconsin title V Operation Permit Program,
submitted by Wisconsin pursuant to subchapter V of the Clean Air Act
(Act), which requires states to develop, and to submit to EPA for
approval, programs for issuing operation permits to all major
stationary sources. The revision was submitted to update the title V
program since the final approval of the program in 2001 and to change
the permit fee schedule for subject facilities. The revision consists
of amendments to Chapter Natural Resources (NR) 407 Wisconsin
Administrative Code, operation permits, Chapter NR 410 Wisconsin
Administrative Code, permit fees, and Wisconsin statute 285.69, fee
structure. This approval action will help ensure that Wisconsin
properly implements the requirements of title V of the Act.

DATES: This direct final rule will be effective September 30, 2019,
unless EPA receives adverse comments by August 30, 2019. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0285 at http://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Susan Kraj, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What did Wisconsin Submit?
II. What is EPA Approving?
III. What Action is EPA Taking?
IV. Statutory and Executive Order Reviews.

I. What did Wisconsin submit?

A. Background

    On March 8, 2017, EPA received a request from the Wisconsin
Department of Natural Resources (WDNR) that we approve revisions and
updates to Wisconsin's title V operating permit program. Pursuant to
subchapter V of the Act, generally known as title V, and the
implementing regulations, at 40 Code of Federal Regulations (CFR) part
70, states developed and submitted to EPA for approval programs for
issuing operation permits to all major stationary sources and to
certain other sources. EPA promulgated interim approval of Wisconsin's
title V operating permit program on March 6, 1995 (60 FR

12128). In 2001, Wisconsin submitted corrections to the interim
approval issues identified in the 1995 interim approval action as well
as additional program revisions and updates. EPA took action to approve
the corrections to the interim approval issues and promulgated final
approval of the Wisconsin title V program on December 4, 2001 (66 FR
62951).

B. Wisconsin's Submittal

    Wisconsin is seeking approval of changes and updates made to its
title V program since the 1995 and 2001 approvals. EPA received WDNR's
submittal updating its title V operating permit program on March 8,
2017, and supplemental information on January 26, 2018 (submittal).
WDNR's submittal contains two sections, Part 1 and Part 2.
    Part 1 contains previously approved program elements which are
included for informational purposes, as well as Other Changes -- Minor
Clarifications and Corrections (which are changes that were included in
WDNR's 2001 submittal that EPA did not act on or approve in the 2001
approval).
    Part 2 contains title V program revisions and updates since
Wisconsin's program was approved in 2001. Part 2 of the submittal
contains section I--Additional State Rule Changes and Updates to the
Regulations, and section II--Permit Fee Demonstration.

II. What is EPA approving?

    In this action, EPA is addressing the changes and updates in WDNR's
submittal that have not been previously approved. This includes the
Part 1, Section IX Other Changes -- Minor Clarifications and
Corrections, as well as the changes in Part 2, Sections I and II, of
WDNR's submittal that relate to the Federal title V program at 40 CFR
part 70.
    WDNR's submittal includes changes related to several different
operating permit programs, including its title V program as well its
Federally Enforceable State Operating Permit (FESOP) program and its
state-only enforceable operating permit program. EPA approved
Wisconsin's FESOP program on January 18, 1995 (60 FR 3538). FESOP
permits are those in which a source takes a federally-enforceable limit
to restrict its emissions to below major source thresholds in order to
avoid needing a title V permit. WDNR's State-only operating permit
program is for sources with emissions below those that would require a
FESOP or title V permit. In this action, EPA is only approving
provisions related to WDNR's title V operating permit program. EPA is
not approving any changes or updates solely related to WDNR's FESOP or
State-only operation permit programs.
    For the reasons set forth below, the revisions and updates to
WDNR's title V operating permits program, including the submitted
amendments to the operating permits program regulations at NR 407
Wisconsin Administrative Code and fee related provisions at NR 410 and
Wisconsin Statute 285.69, substantially meet the corresponding
requirements of 40 CFR part 70.

A. Analysis of Part I Section IX--Minor Clarifications and Corrections

    In Wisconsin's 1995 initial program approval, EPA identified
several issues (in addition to the interim approval issues) that should
be clarified or corrected, and WDNR agreed to make these changes. WDNR
included these changes in its 2001 program submittal, but EPA only
acted on the interim approval corrections at that time. For each of
these additional items EPA had identified, WDNR included an analysis of
the changes in its current submittal. EPA is approving the changes
identified in Part I, Section IX, items 1-6 of the submittal.

B. Analysis of Part 2, Section I--Updates to Regulations

    WDNR's submittal contains over thirty revisions related to its
operation permit program since the final approval in 2001. The WDNR
followed all necessary procedures for adoption of changes that were
made to these regulations including the WDNR's secretary's approval of
the notice of public hearing, certification of publication, affidavit
of mailing of the public notice to interested parties, a list of public
hearing appearances, and the WDNR report on comments and response to
comments.
    For a detailed analysis of Part 2, Section I--Updates to
Regulations, of the submittal, please refer to the Technical Support
Document (TSD) for this action, which is available in the docket at the
address noted above. The TSD shows that all operating permit program
requirements of title V of the Act, 40 CFR part 70, and relevant
guidance were met by Wisconsin's submittal.

C. Analysis of Part 2, Section II--Permit Fee Demonstration

    WDNR submitted a fee demonstration because it is required by 42
U.S.C. 7661a(b)(3) and 40 CFR 70.9(a), which provide that a state
program must require that the owners or operators of part 70 sources
pay annual fees, or the equivalent over some other period, that are
sufficient to cover the permit program costs. 42 U.S.C. 7661a(b)(3) and
40 CFR 70.9(b) provide that a state may collect fees that cover the
actual permit program costs, or may use a presumptive fee schedule,
adjusted for inflation (using the Consumer Price Index). Wisconsin's
fee schedule is not based on the presumptive minimum fee schedule
established in 40 CFR 70.9(b) and does not provide for inflation
adjustments; therefore, Wisconsin must provide a demonstration that its
collected fees cover the actual permit program costs as required by 40
CFR 70.9(b)(5).
    WDNR describes in its submittal the rule changes related to fees
that have occurred since 2001, including changes that revised the
operation permit fee structure. WDNR's current title V fee structure
requires sources that are required to obtain a Federal operation permit
to pay an annual air emissions tonnage fee, but sources also pay an
additional annual flat fee, based on the tons of actual billable
emissions. In addition, sources also pay an additional annual flat fee
if the source is subject to other requirements, such as if maximum
achievable control technology standards apply to the source, if one or
more Federal new source performance standards apply to the source, if
Federal prevention of significant deterioration permitting applies to
the source, and if the source is a privately-owned coal-fired electric
utility with an electric generating unit, among other flat fees.
    The submittal provides tables showing the fee rate per ton of
billable pollutants, the billable tons, and the total fees assessed for
various years. The submittal also provides details on WDNR's revenue,
work planning, and expenditures. In addition, WDNR has several
mechanisms in place to ensure that fees collected from title V sources
are used solely for funding title V permit activities as required by 40
CFR 70.9(a). In the submittal, WDNR compares the actual revenues
collected under its fee structure to an estimate of what would be
collected using the presumptive minimum fee schedule, and WDNR's actual
revenues collected exceed the presumptive minimum projections. WDNR
demonstrates that the level of fees collected by WDNR from federally-
regulated sources is sufficient for the WDNR to adequately administer
and enforce the required minimum elements of the title V permit program
required in Section 502(b) of the Act.
    Upon review of the information submitted, EPA finds that WDNR has
demonstrated that it has adequate funding levels to support its title V

program. Accordingly, Wisconsin has adequately demonstrated that the
revised fee schedule has resulted in the collection of fees in an
amount sufficient to cover its actual program costs, as required by 40
CFR 70.9 and the Act.

III. What action is EPA taking?

    EPA is approving Wisconsin's submittal. This approval of the
revisions and updates in Wisconsin's submittal addresses only the
provisions as described above in Section II, What is EPA Approving,
which pertain to the Federal title V program requirements, and does not
apply to any other Federal program requirements, such as State
Implementation Plans pursuant to section 110 of the Act. EPA finds that
the program revisions and updates in WDNR's submittal have
satisfactorily addressed the requirements of part 70, and EPA is
therefore approving this submittal.
    We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this issue of the
Federal Register, we are publishing a separate document that will serve
as the proposal to approve the State plan if relevant adverse written
comments are filed. This rule will be effective September 30, 2019
without further notice unless we receive relevant adverse written
comments by August 30, 2019. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective
September 30, 2019.

IV. Statutory and Executive Order Reviews

Executive Orders 12866 and 13563: Regulatory Planning and Review

    Under Executive Orders 12866 (58 FR 51735, October 4, 1993) and
13563 (76 FR 3821, January 21, 2011), this action is not a
``significant regulatory action'' and, therefore, is not subject to
review by the Office of Management and Budget.

Executive Order 13771: Reducing Regulations and Controlling Regulatory
Costs

    This action is an Executive Order 13771 regulatory action because
this action is not significant under Executive Order 12866.

Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).

Regulatory Flexibility Act

    This action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this state operating permit program will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

Unfunded Mandates Reform Act

    Because this action proposes to approve pre-existing requirements
under state law and does not impose any additional enforceable duty
beyond that required by state law, it 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).

Executive Order 13132: Federalism

    This action also does not have federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely proposes to approve a state operating
permit program, and does not alter the relationship or the distribution
of power and responsibilities established in the Act.

Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments

    In addition, the state operating permit program 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 state operating permit program does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).

Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks

    This action also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it proposes to approve a
state operating permit program.

Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use

    Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).

National Technology Transfer Advancement Act

    In reviewing state submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Act. In this
context, in the absence of a prior existing requirement for the state
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a state submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a state
submission, to use VCS in place of a state submission that otherwise
satisfies the provisions of the Act. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply.

Executive Order 12898: Federal Actions To Address Environmental Justice
in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority

populations and low-income populations in the United States.
    EPA lacks the discretionary authority to address environmental
justice in this action. In reviewing state operating permit program
submissions, EPA's role is to approve or disapprove state choices,
based on the criteria of the Act. Accordingly, this action merely
approves certain state requirements and will not in-and-of itself
create any new requirements. Accordingly, it does not provide 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.

List of Subjects in 40 CFR Part 70

    Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operation permits,
Reporting and recordkeeping requirements.

    Dated: July 17, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
    40 CFR part 70 is amended as follows:

PART 70--STATE OPERATING PERMIT PROGRAMS

0
1. The authority citation for part 70 continues to read as follows:

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

0
2. Amend appendix A to part 70 by adding paragraph (d) under Wisconsin
to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs

* * * * *

Wisconsin

* * * * *
    (d) Department of Natural Resources: Title v operating permit
program revisions and updates received on March 8, 2017. Wisconsin's
Title v program is hereby updated to include these requested
changes.
* * * * *
[FR Doc. 2019-16336 Filed 7-30-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: August 11, 2008 (Volume 73, Number 155)]
[Notices]
[Page 46672-46674]
[DOCID:fr11au08-120]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58301; File No. SR-NYSE-2008-56]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change To Amend Section 902.09 of the
Listed Company Manual To Establish Fees for Securities Listed Under
Sections 703.21 and 703.22 of the Listed Company Manual and Traded on
NYSE Bonds and To Waive Fees for Structured Products Transferred From
the Amex to the NYSE

August 4, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on July 24, 2008, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposal 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

    The Exchange proposes to amend Section 902.09 of the Listed Company
Manual (the ``Manual'') to extend the initial and continued listing
fees charged thereunder to securities listed under Section 703.21
(Equity-Linked Debt Securities) and Section 703.22 (Index-Linked
Securities) and traded on NYSE Bonds. In addition, the Exchange
proposes to waive, in connection with transfers to the NYSE from NYSE
Alternext US \3\ after the closing of the purchase of the American
Stock Exchange LLC (the ``Amex'') by NYSE Euronext (the ``Merger''),
(i) all fees payable under Section 902.08 in connection with such
transfers, and (ii) in the case of securities that will be traded on
NYSE Bonds, all fees payable under Section 902.09 in connection with
such transfer, including the prorated annual fee payable for the
calendar year in which the transfer occurs. The fee waiver described in
the previous sentence will only apply (i) if such transfer occurs
during the calendar year in which the Merger is consummated and (ii) if
the Merger is consummated no later than March 31, 2009.
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    \3\ After the Merger, the name of the Amex will be changed to
NYSE Alternext U.S. LLC and the revised rule text in Exhibit 5
reflects that name change.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
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 NYSE has prepared summaries,
set forth in Sections A, B and C below, of the most significant aspects
of such statements.

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

1. Purpose
    The Exchange proposes to amend Section 902.09 of the Manual to
extend the initial and continued listing fees charged thereunder to
securities listed under Section 703.21 (Equity-Linked Debt Securities)
and Section 703.22 (Index-Linked Securities) and traded on NYSE Bonds.
In addition, the Exchange proposes to waive, in connection with
transfers to the NYSE from NYSE Alternext U.S. after the closing of the
Merger, (i) all fees payable under Section 902.08 in connection with
such transfers, and (ii) in the case of securities that will be traded
on NYSE Bonds, all fees payable under Section 902.09 in connection with
such transfer, including the prorated annual fee payable for the
calendar year in which the transfer occurs. The fee waiver described in
the previous sentence will only apply (i) if such transfer occurs
during the calendar year in which the Merger is consummated and (ii) if
the Merger is consummated no later than March 31, 2009.
    The Exchange has noted that it does not currently set forth in the
Manual any listing fees for securities that are listed under either
Section 703.21 (Equity-Linked Debt Securities) or Section 703.22
(Index-Linked Securities) and traded on NYSE Bonds. The Exchange has
not previously listed any securities under Sections 703.21 or 703.22
that traded on NYSE Bonds and, as a consequence, this filing is
adopting fees for such listings for the first time. We have determined
that the most appropriate fee schedule for these securities is that set
forth in Section 902.09.

    NYSE Euronext, the ultimate parent company of the Exchange, has
agreed to acquire the Amex pursuant to an Agreement and Plan of Merger,
dated as of January 17, 2008. It is currently anticipated that the
acquisition will be consummated during the third quarter of 2008.\4\ In
connection with the acquisition, NYSE Euronext intends to discontinue
the listing on NYSE Alternext U.S. of bonds and structured products
issued in $1,000 face amounts. To the extent that these securities
qualify for listing under the applicable NYSE standards, the Exchange
will encourage the issuers to apply to list those securities on the
NYSE for trading on NYSE Bonds. As the issuers of these securities will
already have paid listing fees to NYSE Alternext U.S. and will be
transferring to the NYSE as a result of a business decision made by
NYSE Euronext, the Exchange proposes to waive all listing fees that
would be payable in connection with the listing of securities
transferred from NYSE Alternext U.S. and traded on NYSE Bonds,
including securities listed under Sections 703.19, 703.21 and 703.22
\5\. This waiver will only take effect upon consummation of NYSE
Euronext's acquisition of the Amex.
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    \4\ The members of the Amex voted to approve the transaction on
June 17, 2008. No vote of the NYSE Euronext shareholders is
required. The sole remaining condition to the consummation of the
transaction is the approval by the Division of Trading and Markets
of certain rule filings the NYSE and Amex expect to submit in the
near future.
    \5\ As annual fees for listed securities are calculated based on
the number of securities outstanding on January 1 and billed on an
annual basis, the proposed fee waiver will not apply to additional
securities of a class that has been transferred from NYSE Alternext
U.S. that are issued after the date of transfer.
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    The Exchange believes the proposed fee waiver does not render the
allocation of its listing fees inequitable or unfairly discriminatory,
in particular because, after the Merger, NYSE Regulation, Inc. (``NYSE
Regulation'') will perform listed company regulation for both the
Exchange and NYSE Alternext U.S., including a substantial review of
companies upon original listing. Many of the regulatory staff who
currently perform initial and continued listing reviews at the Amex
will become employees of NYSE Regulation at the time of the Merger and
will continue to perform the same duties with respect to Amex companies
after the Merger. Securities transferring from NYSE Alternext U.S. will
be subjected to the same rigorous regulatory review as any other
applicant for listing on the Exchange. However, the Exchange expects
that, on average, the review of securities transferring from NYSE
Alternext U.S. to the Exchange will be less costly than the review of a
transfer from an unaffiliated market, as the Amex listing regulatory
staff that will have been absorbed by NYSE Regulation will already have
performed a substantial review of any Amex-listed company, and NYSE
Regulation will be able to rely on that prior work as a baseline in
qualifying the company for listing on the Exchange and in conducting
ongoing compliance activities with respect to any such company.
Furthermore, the Exchange anticipates that the revenue it foregoes as a
consequence of this waiver will be an immaterial amount that would not
have any impact on its ability to finance its regulatory activities. In
addition, in light of the low level at which fees are set for listing
on NYSE Bonds, the associated loss of revenue will be immaterial and
will not impact the Exchange's ability to finance its regulatory
activities.
2. Statutory Basis
    The basis under the Exchange Act for this proposed rule change is
the requirement under Section 6(b)(4) \6\ that an exchange have rules
that provide for the equitable allocation of reasonable dues, fees and
other charges among its members and other persons using its facilities.
The Exchange believes that the proposed fee waiver does not render the
allocation of its listing fees inequitable or unfairly discriminatory
because it is simply a recognition of the fact that companies
transferring their listing from NYSE Alternext U.S. will already have
paid fees to another exchange which will, upon consummation of the
acquisition, be under the same ownership as the Exchange. The Exchange
believes that the fee waiver is appropriate because the same regulatory
staff will review securities on all three markets and the Exchange will
therefore benefit from regulatory efficiencies arising out of NYSE
Regulation's prior examination of any companies that transfer. In
addition, in light of the low level at which fees are set for listing
on NYSE Bonds, the associated loss of revenue will be immaterial and
will not impact the Exchange's ability to finance its regulatory
activities.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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 Exchange Act.

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

    Written comments were neither solicited nor received.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2008-56 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-NYSE-2008-56. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the

Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for inspection and copying in the Commission's Public
Reference Room, 100 F Street, NE., Washington, DC 20549, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSE-2008-56 and should be submitted on or before
September 2, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-18370 Filed 8-8-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Rules and Regulations]
[Pages 60883-60886]
[FR Doc No: 2023-19324]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1813; Project Identifier MCAI-2023-00980-R;
Amendment 39-22540; AD 2023-17-51]
RIN 2120-AA64

Airworthiness Directives; Bell Textron Canada Limited Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Bell Textron Canada Limited Model 407 helicopters. The FAA previously
sent this AD as an emergency AD to all known U.S. owners and operators
of these helicopters. This AD was prompted by a report of a disbonded
area in a tail rotor (T/R) blade. This AD requires determining if an
affected T/R blade is installed, inspecting each of those T/R blades
and, depending on the results, replacing the T/R blade as specified in
a Transport Canada emergency AD, which is incorporated by reference.
This AD also limits the installation of T/R blades to certain T/R
blades. The FAA is issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective September 21, 2023. Emergency AD 2023-17-
51, issued on August 18, 2023, which contained the requirements of this
amendment, was effective with actual notice.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication identified in this AD as of
September 21, 2023.
    The FAA must receive comments on this AD by October 23, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1813; 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 Transport Canada emergency AD, any
comments received, and other information. The street address for Docket
Operations is listed above.
    Material Incorporated by Reference:
     For Transport Canada material that is incorporated by
reference in this final rule, contact Transport Canada, Transport
Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean,
Ontario, K1A 0N5, CANADA; phone<PHONE_NUMBER>; email
[email protected];
internet tc.canada.ca/en/aviation. You may find the Transport Canada
material

on the Transport Canada website at tc.canada.ca/en/aviation.
     You may view this material at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov under Docket No. FAA-2023-1813.
    Other Related Service Information: For Bell service information
identified in this final rule, contact Bell Textron Canada Limited,
12,800 Rue de l'Avenir, Mirabel, Quebec J7J 1R4, Canada; phone 1-450-
437-2862 or 1-800-363-8023; fax 1-450-433-0272; email
[email protected]; or at bellflight.com/support/contact-support. You may also view this service information at the FAA contact
information under Material Incorporated by Reference above.

FOR FURTHER INFORMATION CONTACT: Dan McCully, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone (404)
474-5548; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2023-1813; Project Identifier MCAI-
2023-00980-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Dan
McCully, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone<PHONE_NUMBER>; email
[email protected]. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Background

    The FAA issued Emergency AD 2023-17-51, dated August 18, 2023 (the
emergency AD), to address an unsafe condition on Bell Textron Canada
Limited Model 407 helicopters. The FAA sent the emergency AD to all
known U.S. owners and operators of these helicopters. The emergency AD
requires determining if certain serial-numbered T/R blade part number
406-016-100-119 is installed, tap inspecting each affected T/R blade
for skin to core voids and, depending on the results, replacing the T/R
blade. The emergency AD also limits the installation of T/R blades to
affected T/R blades that have passed its required inspection and
unaffected T/R blades.
    The emergency AD was prompted by Transport Canada Emergency AD CF-
2023-63, dated August 17, 2023 (Transport Canada AD CF-2023-63), issued
by Transport Canada, which is the aviation authority for Canada, to
correct an unsafe condition on certain serial-numbered Bell Textron
Canada Limited Model 407 helicopters. Transport Canada AD CF-2023-63
states that an operator identified an abnormal sound in a T/R blade
while manually rotating it. A subsequent tap inspection revealed a
disbonded area that exceeds allowable limits. According to Transport
Canada, an investigation by Bell Textron Canada Limited identified 43
T/R blades that could have missing adhesive between the upper skin and
core that was caused during the manufacturing process. This condition,
if not addressed, could result in severe vibration, failure of the T/R
blade, and subsequent loss of T/R control. The FAA is issuing this AD
to address the unsafe condition on these products.
    You may examine Transport Canada AD CF-2023-63 in the AD docket at
regulations.gov under Docket No. FAA-2023-1813.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Transport Canada AD CF-2023-63, which requires
determining if an affected T/R blade is installed, inspecting each of
those T/R blades and, depending on the results, replacing the T/R
blade. Transport Canada AD CF-2023-63 also limits installation of T/R
blades to serviceable T/R blades, as defined therein.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in ADDRESSES.

Other Related Service Information

    The FAA also reviewed Bell Alert Service Bulletin 407-23-132, dated
August 14, 2023, which identifies affected T/R blade part number 406-
016-100-119 serial numbers and specifies procedures for inspecting
affected T/R blades for skin to core voids. Depending on the results,
this service information specifies procedures for reporting information
to Bell Product Support Engineering, returning specified T/R blades to
Bell for investigation, and replacing a T/R blade.

FAA's Determination

    These products have been approved by the aviation authority of
another country and are 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
its emergency AD referenced above. The FAA is issuing this AD after
determining that the unsafe condition described previously is likely to
exist or develop on other products of the same type design.

AD Requirements

    This AD requires accomplishing the actions specified in Transport
Canada AD CF-2023-63, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD and except as discussed under ``Differences
Between this AD and the Transport Canada Emergency AD.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with

requirements for corresponding FAA ADs. The FAA has been coordinating
this process with manufacturers and CAAs. As a result, Transport Canada
AD CF-2023-63 is incorporated by reference in this FAA AD. This AD,
therefore, requires compliance with Transport Canada AD CF-2023-63 in
its entirety through that incorporation, except for any differences
identified as exceptions in the regulatory text of this AD. Using
common terms that are the same as the heading of a particular section
in Transport Canada AD CF-2023-63 does not mean that operators need
comply only with that section. For example, where the AD requirement
refers to ``all required actions and compliance times,'' compliance
with this AD requirement is not limited to the section titled
``Corrective Actions'' in Transport Canada AD CF-2023-63.

Differences Between This AD and the Transport Canada Emergency AD

    Transport Canada AD CF-2023-63 applies to certain serial-numbered
Bell Textron Canada Limited Model 407 helicopters, whereas this AD
applies to all Bell Textron Canada Limited Model 407 helicopters.
Transport Canada AD CF-2023-63 does not clearly specify how to inspect
affected T/R blades for skin to core voids, whereas this AD requires
tap inspecting each affected T/R blade for skin to core voids.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that required the immediate adoption of
Emergency AD 2023-17-51, issued on August 18, 2023, to all known U.S.
owners and operators of these helicopters. The FAA found that the risk
to the flying public justified waiving notice and comment prior to
adoption of this rule because each T/R blade is critical to the control
of a helicopter. Debonding of a T/R blade could lead to instantaneous
failure before detection. Additionally, affected T/R blades are
installed on high usage helicopters, which could increase the
likeliness of occurrence of a failure. In light of this, the initial
action required by this AD must be accomplished within 10 hours time-
in-service or 14 days, whichever occurs first. This compliance time is
shorter than the time necessary for the public to comment and for
publication of the final rule. These conditions still exist, therefore,
notice and opportunity for prior public comment are impracticable and
contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects up to 43 helicopters of U.S.
registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.
    Determining if an affected T/R blade is installed takes about 0.5
work-hour for an estimated cost of $43 per helicopter and up to $1,849
for the U.S. fleet. Tap inspecting an affected T/R blade takes about 1
work-hour for an estimated cost of $85 per T/R blade. If required,
replacing a T/R blade takes about 5 work-hours and parts cost about
$42,951 for an estimated cost of $43,376 per T/R blade.
    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators.

Authority for This Rulemaking

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

Regulatory Findings

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

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:

2023-17-51 Bell Textron Canada Limited: Amendment 39-22540; Docket
No. FAA-2023-1813; Project Identifier MCAI-2023-00980-R.

(a) Effective Date

    The FAA issued Emergency Airworthiness Directive (AD) 2023-17-51
on August 18, 2023, directly to affected owners and operators. As a
result of such actual notice, the emergency AD was effective for
those owners and operators on the date it was provided. This AD
contains the same requirements as the emergency AD and, for those
who did not receive actual notice, is effective on September 21,
2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bell Textron Canada Limited Model 407
helicopters, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6410, Tail Rotor
Blades.

(e) Unsafe Condition

    This AD was prompted by a report of a disbonded area in a tail
rotor (T/R) blade due to missing adhesive between the upper skin and
core. The FAA is issuing this AD to detect skin to core voids that
exceed allowable limits in affected T/R blades. The unsafe
condition, if not addressed, could result in severe vibration,
failure of the T/R blade, and subsequent loss of T/R control.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, Transport Canada Emergency AD CF-2023-63, dated
August 17, 2023 (Transport Canada AD CF-2023-63).

(h) Exceptions to Transport Canada AD CF-2023-63

    (1) Where Transport Canada AD CF-2023-63 refers to its effective
date, this AD requires using the effective date of this AD.
    (2) Where Transport Canada AD CF-2023-63 requires compliance in
terms of hours air time, this AD requires compliance using hours
time-in-service.
    (3) Where paragraph A.2. of Transport Canada AD CF-2023-63
requires inspecting an affected T/R blade and the service
information referenced in paragraph A.2. of Transport Canada AD CF-
2023-63 specifies inspecting an affected T/R blade, this AD requires
using a steel tap hammer and tap inspecting each affected T/R blade.
    (4) Where the service information referenced in Transport Canada
AD CF-2023-63 specifies returning parts to the manufacturer, this AD
does not include that requirement.

(i) No Reporting Requirement

    Although the service information referenced in Transport Canada
AD CF-2023-63 specifies to submit certain information to the
manufacturer, this AD does not include that requirement.

(j) Special Flight Permits

    A special flight permit may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the helicopter to a location where the
tap inspection can be performed, provided no passengers are onboard.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 39.19. In accordance with 39.19, send your
request to your principal inspector or local Flight Standards
District Office, as appropriate. If sending information directly to
the manager of the International Validation Branch, mail it to the
address identified in paragraph (l) of this AD or email to: [email protected]. If mailing information, also submit
information by email.
    (2) 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.

(l) Additional Information

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

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Transport Canada Emergency AD CF-2023-63, dated August 17,
2023.
    (ii) [Reserved]
    (3) For Transport Canada Emergency AD CF-2023-63, contact
Transport Canada, Transport Canada National Aircraft Certification,
159 Cleopatra Drive, Nepean, Ontario, K1A 0N5, CANADA; phone 888-
663-3639; email [email protected]; internet tc.canada.ca/en/
aviation. You may find the Transport Canada material on the
Transport Canada website at tc.canada.ca/en/aviation.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 25, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-19324 Filed 9-1-23; 4:15 pm]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 104 (Wednesday, May 31, 2023)]
[Notices]
[Page 34885]
[FR Doc No: 2023-11524]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4697-DR; Docket ID FEMA-2023-0001]

Mississippi; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Mississippi (FEMA-4697-DR), dated March 26, 2023, and
related determinations.

DATES: This amendment was issued March 31, 2023.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated March 31, 2023, the President amended the cost-sharing
arrangements regarding Federal funds provided under the authority of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121 et seq. (the ``Stafford Act''), in a letter to Deanne
Criswell, Administrator, Federal Emergency Management Agency,
Department of Homeland Security, under Executive Order 12148, as
follows:

    I have determined that the damage in certain areas of the State
of Mississippi resulting from severe storms, straight-line winds,
and tornadoes during the period of March 24 to March 25, 2023, is of
sufficient severity and magnitude that special cost sharing
arrangements are warranted regarding Federal funds provided under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
42 U.S.C. 5121 et seq. (the ``Stafford Act'').
    Therefore, I amend my declaration of March 26, 2023, to
authorize Federal funds for debris removal and emergency protective
measures at 100 percent of the total eligible costs for a continuous
30-day period of the State's choosing within the first 120 days of
the incident period.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-11524 Filed 5-30-23; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: May 2, 2008 (Volume 73, Number 86)]
[Notices]
[Page 24324-24327]
[DOCID:fr02my08-135]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-28256; File No. 812-13466]

ING USA Annuity and Life Insurance Company, et al., Notice of
Application

April 28, 2008.
AGENCY: The Securities and Exchange Commission (``Commission'').

ACTION: Notice of application for an order pursuant to Section 26(c) of
the Investment Company Act of 1940, as amended (the ``1940 Act'')
approving a substitution of securities.

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

Applicants: ING USA Annuity and Life Insurance Company and ReliaStar
Life Insurance Company of New York (each a ``Company'' and together,
the ``Companies''), Separate Account B of ING USA Annuity and Life
Insurance Company, ReliaStar Life Insurance Company of New York
Separate Account NY-B (each, an ``Account'' and together, the
``Accounts''), and ING Variable Portfolios, Inc. are collectively
referred to herein as the ``Applicants.''

Summary of Application: The Applicants request an order, pursuant to
Section 26(c) of the 1940 Act, permitting the substitution
(``Substitution'') of shares of the ING Russell Small Cap Index
Portfolio--Class S (the ``Substitute Fund'') for shares of ProFund VP
Small-Cap (the ``Replaced Fund'').

Filing Date: The Application was filed on December 27, 2007 and amended
and restated on April 18, 2008.

Hearing or Notification of Hearing: An order granting the Application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Secretary of the
Commission and serving Applicants with a copy of the request,
personally or by mail. Hearing requests should be received by the
Commission by 5:30 p.m. on May 22, 2008, and should be accompanied by
proof of service on Applicants, in the form of an affidavit or, for
lawyers, a certificate of service. Hearing requests should state the
nature of the writer's interest, the reason for the request, and the
issues contested. Persons who wish to be notified of a hearing may
request notification by writing to the Secretary of the Commission.

ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549-1090. Applicants, J. Neil McMurdie, Counsel,
ING Americas U.S. Legal Services, One Orange Way, C1S, Windsor, CT
06095.

FOR FURTHER INFORMATION CONTACT: Alison White, Senior Counsel, or Joyce
M. Pickholz, Branch Chief, Office of Insurance Products, Division of
Investment Management, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The following is a summary of the
Application. The complete Application is available for a fee from the
Public Reference Branch of the Commission, 100 F Street, NE., Room
1580, Washington, DC 20549.

Applicants' Representations

    1. Each of the Companies is an indirect wholly owned subsidiary of
ING Groep, N.V. (``ING''). ING is a global financial services holding
company based in The Netherlands which is active in the field of
insurance, banking and asset management. As a result, each Company
likely would be deemed to be an affiliate of the others.
    2. ING USA Annuity and Life Insurance Company (``ING USA'') is an
Iowa stock life insurance company which was originally organized in
1973 under the insurance laws of Minnesota. Through January 1, 2004
mergers, ING USA's operations include the business of Equitable Life
Insurance Company of Iowa, United Life and Annuity Insurance Company,
and USG Annuity and Life Company. Prior to January 1, 2004, ING USA was
known as Golden American Life Insurance Company. ING USA is principally
engaged in the business of issuing life insurance and annuities.
    3. ReliaStar Life Insurance Company of New York (``ReliaStar NY'')
is a stock life insurance company which was incorporated under the laws
of the State of New York in 1917. Through an April 1, 2002 merger,
ReliaStar NY's operations include the business of First Golden American
Life Insurance Company of New York. ReliaStar NY is principally engaged
in the business of issuing life insurance and annuities.
    4. Each of the Accounts is a segregated asset account of the
Company that is the depositor of such Account, and is registered under
the 1940 Act as a unit investment trust. Each of the respective
Accounts is used by the Company of which it is a part to support the
Contracts that it issues.
    5. Separate Account B of ING USA Annuity and Life Insurance Company
(File No. 811-5626) was established by Golden in 1988 under the laws of
the State of Minnesota.
    6. ReliaStar Life Insurance Company of New York Separate Account
NY-B, formerly Separate Account NY-B of First Golden American Life
Insurance Company of New York (File No. 811-7935), was established by
First Golden in 1996 under the laws of the State of New York.
    7. The ING Russell Small Cap Index Portfolio, a series of ING
Variable Portfolios, Inc., will be used as the Substitute Fund.
    8. ING Variable Portfolios, formerly known as Aetna Variable
Portfolios, Inc., was organized as a Maryland Corporation in 1996. ING
Variable Portfolios is registered under the 1940 Act as an open-end
management investment company (File No. 811-07651).
    9. ING Investments, LLC (``ING Investments''), an Arizona limited
liability company and an SEC registered investment adviser, serves as
the investment adviser to each portfolio of ING Variable Portfolios.
ING Investments maintains its offices at 7337 East Doubletree Ranch
Road, Scottsdale, Arizona 85258.
    10. ING Investments, subject to the direction of ING Variable
Portfolios Board of Directors (the ``Board''), will have overall
responsibility for the management of the Substitute Fund. ING
Investments will provide all investment advisory and portfolio
management services for the Substitute Fund and assist in managing and
supervising all aspects of the general day-to-day business activities
and operations of the Substitute Fund, including custodial, transfer
agency, dividend disbursing, accounting, auditing, compliance and
related services.
    11. The ProFund VP Small-Cap, a series of the ProFunds Trust, will
be replaced pursuant to any order issued pursuant to this Application.
    12. The terms and conditions, including charges and expenses,
applicable to each Contract are described in the registration
statements filed with the SEC for each. The Contracts are issued as
individual variable annuity contracts. As each Contract is structured,
owners of the Contract (each a ``Contract Owner'') may select one or
more of the investment options available under the Contract by
allocating premiums and transferring account value to that subaccount
of the relevant Account that corresponds to the investment option
desired. Thereafter, the account value of the Contract Owner will vary
based on the investment experience of the selected subaccount(s).
Generally, a Contract Owner may, during the life of each Contract, make
unlimited transfers of account values among the subaccounts available
under the Contract, subject to any administrative and/or transfer fees
applicable under the Contracts and any

limits related to frequent or disruptive transfers.
    13. The comparative fees and expenses for each fund in this
proposed substitution are as follows:

----------------------------------------------------------------------------------------------------------------
                                                                  In percent
                             -----------------------------------------------------------------------------------
                                                                              Total
                                Management     Distribution      Other        annual      Expense     Net annual
                                   fees        (12b-1) fees     expenses     expenses     waivers      expenses
----------------------------------------------------------------------------------------------------------------
Substitute Fund:
     ING Russell                0.33            0.25         0.23         0.81     \1\ 0.11         0.70
     Small Cap Index
     Portfolio--Class S.....
Replaced Fund:
     ProFund VP                 0.75            0.25         0.56         1.56  ...........         1.56
     Small-Cap \1\..........
----------------------------------------------------------------------------------------------------------------
\1\ The expense limits will continue through at least May 1, 2009.

    14. With respect to the Replaced Fund, the Applicants represent
that the investment objective and the investment policies of the
Substitute Fund are the same as those of the Replaced Fund and
therefore the essential objectives and risk expectations of those
Contract Owners with interests in subaccounts of the Replaced Fund
(individually, an ``Affected Contract Owner'' and, collectively,
``Affected Contract Owners'') will continue to be met after the
Substitution.
    15. The expense ratios and total return figures for each fund as of
September 30, 2007, are as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                In percent
                                                          ------------------------------------------------------
                                                            Expense
                                                             ratio      1 Year    3 Years    5 Years    10 Years
----------------------------------------------------------------------------------------------------------------
Substitute Fund:
     ING Russell Small Cap Index Portfolio--Class       0.70  .........  .........  .........  .........
     S \2\...............................................
Replaced Fund:
     ProFund VP Small-Cap \1\....................       1.56      -2.21       4.88      13.97  .........
----------------------------------------------------------------------------------------------------------------
\1\ The expense limits will continue through at least May 1, 2009.
\2\ This portfolio commenced operations on March 4, 2008. Therefore, annual performance information is not yet
  available.

    16. Applicants will effect the Substitution as soon as practicable
following the issuance of the requested order. As of the Effective Date
of the Substitution, shares of the Replaced Fund will be redeemed for
cash. The Companies, on behalf of the Replaced Fund subaccount of each
relevant Account, will simultaneously place a redemption request with
the Replaced Fund and a purchase order with the Substitute Fund so that
the purchase of Substitute Fund shares will be for the exact amount of
the redemption proceeds. Thus, Contract values will remain fully
invested at all times. The proceeds of such redemptions will then be
used to purchase the appropriate number of shares of the Substitute
Fund.
    17. The Substitution will take place at relative net asset value
(in accordance with Rule 22c-1 under the 1940 Act) with no change in
the amount of any affected Contract owner's contract value, cash value,
accumulation value, account value or death benefit, or in the dollar
value of his or her investment in the applicable Account. No brokerage
commissions, fees or other remuneration will be paid by either the
Replaced Fund or the Substitute Fund or by affected Contract owners in
connection with the Substitution. The transactions comprising the
Substitution will be consistent with the policies of each investment
company involved and with the general purposes of the 1940 Act.
    18. Affected Contract owners will not incur any fees or charges as
a result of the Substitution nor will their rights or the Companies'
obligations under the Contracts be altered in any way. The Companies or
their affiliates will pay all expenses and transaction costs of the
Substitution, including legal and accounting expenses, any applicable
brokerage expenses, and other fees and expenses. In addition, the
Substitution will not impose any tax liability on affected Contract
owners. The Substitution will not cause the Contract fees and charges
currently being paid by affected Contract owners to be greater after
the Substitution than before the Substitution. Also, as described more
fully below, after notification of the Substitution and for 30 days
after the Substitution, affected Contract owners may reallocate to any
other investment options available under their Contract the subaccount
value of the Replaced Fund without incurring any administrative costs
or allocation (transfer) charges.
    19. All affected Contract owners were notified of the Substitution
by means of supplements to the Contract prospectuses shortly after the
date the Application was first filed with the Commission. Among other
information regarding the Substitution, the supplements informed
affected Contract owners that beginning on the date of the first
supplement the Companies would not exercise any rights reserved by them
under the Contracts to impose restrictions or fees on transfers from
the Replaced Fund (other than restrictions related to frequent or
disruptive transfers) until at least 30 days after the Effective Date
of the Substitution. Following the date the order requested by the
Application is issued, but before the Effective Date, affected Contract
owners will receive a second supplement to the Contract prospectus
setting forth the Effective Date and advising affected Contract owners
of their right, if they so choose, at any time prior to the Effective
Date, to reallocate or withdraw accumulated value in the Replaced Fund
subaccounts under their Contracts or otherwise terminate their interest
therein in accordance with the terms and conditions of their Contracts.
If affected Contract Owners reallocate account value prior to the
Effective Date or within 30 days after the Effective Date, there will
be no charge for the

reallocation of accumulated value from the Replaced Fund subaccount and
the reallocation will not count as a transfer when imposing any
applicable restriction or limit under the Contract on transfers. The
Companies will not exercise any right they may have under the Contracts
to impose additional restrictions or fees on transfers from the
Replaced Fund under the Contracts (other than restrictions related to
frequent or disruptive transfers) for a period of at least 30 days
following the Effective Date of the Substitution. Additionally, all
current Contract Owners will be sent prospectuses of the Substitute
Fund before the Effective Date.
    20. Within five (5) business days after the Effective Date,
affected Contract Owners will be sent a written confirmation (``Post-
Substitution Confirmation'') indicating that shares of the Replaced
Fund have been redeemed and that the shares of Substitute Fund have
been substituted. The Post-Substitution Confirmation will show how the
allocation of the Contract Owner's account value before and immediately
following the Substitution has changed as a result of the Substitution
and detail the transactions effected on behalf of the respective
affected Contract Owner because of the Substitution.

Applicant's Legal Analysis

    1. Applicants represent that each of the prospectuses for the
Contracts expressly discloses the reservation of the Companies' right,
subject to Commission approval and compliance with applicable law, to
substitute shares of another open-end management investment company for
shares of an open-end management investment company held by a
subaccount of an Account.
    2. Applicants state that the Companies reserved this right of
substitution both to protect themselves and their Contract owners in
situations where either might be harmed or disadvantaged by
circumstances surrounding the issuer of the shares held by one or more
of its separate accounts, and to afford the opportunity to replace such
shares where to do so could benefit the Contract owners and Companies.
    3. Applicants maintain that Contract Owners will be better served
by the proposed Substitution. Applicants anticipate that the
replacement of the Replaced Fund will result in a Contract that is
administered and managed more efficiently, and one that is more
competitive with other variable products in both wholesale and retail
markets. The Substitute Fund will be managed according to the same
investment objective and policies as the Replaced Fund. Moreover, the
overall expenses of the Substitute Fund are less than those of the
Replaced Fund.
    4. Applicants anticipate that Contract owners will be at least as
well off with the proposed array of subaccounts to be offered after the
proposed substitutions as they have been with the array of subaccounts
offered before the substitutions. The proposed Substitution retains for
Contract owners the investment flexibility which is a central feature
of the Contracts. If the proposed Substitution is carried out, all
Contract owners will be permitted to allocate purchase payments and
transfer accumulated values and contract values between and among the
remaining subaccounts as they could before the proposed Substitution.

Applicant's Conditions

    1. The Substitute Fund has an investment objective and investment
policies that are the same as the investment objective and policies of
the Replaced Fund, so that the objective of the Affected Contract
Owners can continue to be met.
    2. For two years following the implementation of the Substitution
described herein, the net annual expenses of the Substitute Fund will
not exceed the net annual expenses of the Replaced Fund immediately
preceding the Substitution. To achieve this limitation, ING Investments
will waive fees or reimburse the Substitute Fund in certain amounts to
maintain expenses at or below the limit. Any adjustments will be made
at least on a quarterly basis. In addition, the Companies will not
increase the Contract fees and charges, including asset based charges
such as mortality and expense risk charges deducted from the
Subaccounts, that would otherwise be assessed under the terms of the
Contracts for a period of at least two years following the
Substitution.
    3. Affected Contract Owners may reallocate amounts from the
Replaced Fund without incurring a reallocation charge or limiting their
number of future reallocations, or withdraw amounts under any Affected
Contract or otherwise terminate their interest therein at any time
prior to the Effective Date and for a period of at least 30 days
following the Effective Date in accordance with the terms and
conditions of such Contract. Any such reallocation will not count as a
transfer when imposing any applicable restriction or limit under the
Contract on transfers.
    4. The Substitution will be effected at the net asset value of the
respective shares in conformity with Section 22(c) of the 1940 Act and
Rule 22c-1 thereunder, without the imposition of any transfer or
similar charge by Applicants.
    5. The Substitution will take place at relative net asset value
without change in the amount or value of any Contract held by Affected
Contract Owners. Affected Contract Owners will not incur any fees or
charges as a result of the Substitution, nor will their rights or the
obligations of the Companies under such Contracts be altered in any
way.
    6. No brokerage commissions, fees or other remuneration will be
paid by the Replaced Fund or the Substitute Fund or Affected Contract
Owners in connection with the Substitution.
    7. The Substitution will not alter in any way the annuity, life or
tax benefits afforded under the Contracts held by any Affected Contract
Owner.
    8. The Companies will send to their Affected Contract Owners within
five (5) business days of the Substitution a written Post-Substitution
Confirmation which will include the before and after account values
(which will not have changed as a result of the Substitution) and
detail the transactions effected on behalf of the respective Affected
Contract Owner with regard to the Substitution. With the Post-
Substitution Confirmations the Companies will remind Affected Contract
Owners that they may reallocate amounts from the Substitute Fund
without incurring a reallocation charge or limiting their number of
future reallocations for a least 30 days following the Effective Date
in accordance with the terms and conditions of their Contract.
    9. The Companies or their affiliates will pay all expenses and
transaction costs of the Substitution, including legal and accounting
expenses, any applicable brokerage expenses, and other fees and
expenses. In addition, the Substitution will not impose any tax
liability on Affected Contract Owners.
    10. Under the manager-of-managers relief covering ING Variable
Portfolios, a vote of the shareholders is not necessary to change a
sub-adviser, except for changes involving an affiliated sub-adviser.
Notwithstanding, the Applicants agree not to change the Substitute
Fund's sub-adviser without first obtaining shareholder approval after
the Effective Date of the Substitution of either (a) the sub-adviser
change or (b) the Applicants' continued ability to rely on their
manager-of-manager relief.

    11. The Commission shall have issued an order approving the
Substitution under Section 26(c) of the 1940 Act.
    12. A registration statement for the Substitute Fund is effective
and the investment objectives and policies and fees and expenses for
the Substitute Fund as described herein have been implemented.
    13. Each Affected Contract Owner will have been sent a copy of (a)
a Contract prospectus supplement informing shareholders of this
Application; (b) a prospectus for the Substitute Fund, and (c) a second
supplement to the Contract prospectus setting forth the Effective Date
and advising Affected Contract Owners of their right to reconsider the
Substitution and, if they so choose, any time prior to the Effective
Date and for 30 days thereafter, to reallocate or withdraw amounts
under their affected Contract or otherwise terminate their interest
therein in accordance with the terms and conditions of their Contract.
    14. The Companies shall have satisfied themselves, that (a) the
Contracts allow the substitution of investment company shares in the
manner contemplated by the Substitution and related transactions
described herein; (b) the transaction can be consummated as described
in this Application under applicable insurance laws; and (c) that any
regulatory requirements in each jurisdiction where the Contracts are
qualified for sale, have been complied with to the extent necessary to
complete the transaction.

Conclusion

    For the reasons and upon the facts set forth above, Applicants
submit that the requested order meets the standards set forth in
Section 26(c) of the 1940 Act. Applicants request an order of the
Commission, pursuant to Section 26(c) of the 1940 Act, approving the
Substitutions.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-9632 Filed 5-1-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Notices]
[Pages 68600-68601]
[FR Doc No: 2023-21917]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-548-000]

Portland Natural Gas Transmission System; Notice of Request Under
Blanket Authorization and Establishing Intervention and Protest
Deadline

    Take notice that on September 25, 2023, Portland Natural Gas
Transmission System (PNGTS), 700 Louisiana Street, Suite 1300, Houston,
Texas 77002-2700, filed in the above referenced docket, a prior notice
request pursuant to sections 157.205 and 157.210 of the Commission's
regulations under the Natural Gas Act (NGA), and PNGTS' blanket
certificate issued in Docket No. CP96-249-000, for authorization to
increase its certificated capacity on its wholly-owned north system
from Pittsburg, New Hampshire to Westbrook, Maine (Northern Facilities)
by 62,749 thousand cubic feet per day (Mcf/d), and to increase its
certificated capacity on the system it jointly owns with Maritimes &
Northeast Pipeline, L.L.C. from Westbrook, Maine to Dracut,
Massachusetts (Joint Facilities) by 58,382 Mcf/d (Capacity Increase
Project). The project will allow PNGTS to provide a total of 59,000
dekatherms per day (Dth/d) \1\ of long-haul, firm transportation
service to three unaffiliated shippers. This increase in mainline
certificated capacity does not require the construction of new
facilities, therefore there is no cost associated with the project, all
as more fully set forth in the request which is on file with the
Commission and open to public inspection.
---------------------------------------------------------------------------

    \1\ 59,000 Dth/d is equivalent to 58,356 Mcf/d using the PNGTS'
conversion factor of 1.011 Dth per Mcf.
---------------------------------------------------------------------------

    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 (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. At this time,
the Commission has suspended access to the Commission's Public
Reference Room. For assistance, contact the Federal Energy Regulatory
Commission at [email protected] or call toll-free, (886) 208-
3676 or TTY<PHONE_NUMBER>.
    Any questions concerning this request should be directed to David
A. Alonzo, Manager, Project Authorizations, Portland Natural Gas
Transmission System, 700 Louisiana Street, Suite 1300, Houston, Texas
77002-2700, at<PHONE_NUMBER> or [email protected].

Public Participation

    There are three ways to become involved in the Commission's review
of this project: you can file a protest to the project, you can file a
motion to intervene in the proceeding, and you can file comments on the
project. There is no fee or cost for filing protests, motions to
intervene, or comments. The deadline for filing protests, motions to
intervene, and comments is 5:00 p.m. Eastern Time on November 27, 2023.
How to file protests, motions to intervene, and comments is explained
below.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

Protests

    Pursuant to section 157.205 of the Commission's regulations under
the NGA,\2\ any person \3\ or the Commission's staff may file a protest
to the request. If no protest is filed within the time allowed or if a
protest is filed and then withdrawn within 30 days after the allowed
time for filing a protest, the proposed activity shall be deemed to be
authorized effective the day after the time allowed for protest. If a
protest is filed and not withdrawn within 30 days after the time
allowed for filing a protest, the instant request for

authorization will be considered by the Commission.
---------------------------------------------------------------------------

    \2\ 18 CFR 157.205.
    \3\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
---------------------------------------------------------------------------

    Protests must comply with the requirements specified in section
157.205(e) of the Commission's regulations,\4\ and must be submitted by
the protest deadline, which is November 27, 2023. A protest may also
serve as a motion to intervene so long as the protestor states it also
seeks to be an intervenor.
---------------------------------------------------------------------------

    \4\ 18 CFR 157.205(e).
---------------------------------------------------------------------------

Interventions

    Any person has the option to file a motion to intervene in this
proceeding. Only intervenors have the right to request rehearing of
Commission orders issued in this proceeding and to subsequently
challenge the Commission's orders in the U.S. Circuit Courts of Appeal.
    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \5\ and the regulations under the NGA \6\ by the
intervention deadline for the project, which is November 27, 2023. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
---------------------------------------------------------------------------

    \5\ 18 CFR 385.214.
    \6\ 18 CFR 157.10.
---------------------------------------------------------------------------

    All timely, unopposed motions to intervene are automatically
granted by operation of Rule 214(c)(1). Motions to intervene that are
filed after the intervention deadline are untimely and may be denied.
Any late-filed motion to intervene must show good cause for being late
and must explain why the time limitation should be waived and provide
justification by reference to factors set forth in Rule 214(d) of the
Commission's Rules and Regulations. A person obtaining party status
will be placed on the service list maintained by the Secretary of the
Commission and will receive copies (paper or electronic) of all
documents filed by the applicant and by all other parties.

Comments

    Any person wishing to comment on the project may do so. The
Commission considers all comments received about the project in
determining the appropriate action to be taken. To ensure that your
comments are timely and properly recorded, please submit your comments
on or before November 27, 2023. The filing of a comment alone will not
serve to make the filer a party to the proceeding. To become a party,
you must intervene in the proceeding.

How To File Protests, Interventions, and Comments

    There are two ways to submit protests, motions to intervene, and
comments. In both instances, please reference the Project docket number
CP23-548-000 in your submission.
    (1) You may file your protest, motion to intervene, and comments by
using the Commission's eFiling feature, which is located on the
Commission's website (www.ferc.gov) under the link to Documents and
Filings. New eFiling users must first create an account by clicking on
``eRegister.'' You will be asked to select the type of filing you are
making; first select ``General'' and then select ``Protest'',
``Intervention'', or ``Comment on a Filing''; or \7\
---------------------------------------------------------------------------

    \7\ Additionally, you may file your comments electronically by
using the eComment feature, which is located on the Commission's
website at www.ferc.gov under the link to Documents and Filings.
Using eComment is an easy method for interested persons to submit
brief, text-only comments on a project.
---------------------------------------------------------------------------

    (2) You can file a paper copy of your submission by mailing it to
the address below. Your submission must reference the Project docket
number CP23-548-000.
    To file via USPS: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    To file via any other method: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland
20852.
    The Commission encourages electronic filing of submissions (option
1 above) and has eFiling staff available to assist you at (202) 502-
8258 or [email protected].
    Protests and motions to intervene must be served on the applicant
either by mail or email (with a link to the document) at: David A.
Alonzo, Manager, Project Authorizations, Portland Natural Gas
Transmission System, 700 Louisiana Street, Suite 1300, Houston, Texas
77002-2700, or at [email protected]. Any subsequent submissions
by an intervenor must be served on the applicant and all other parties
to the proceeding. Contact information for parties can be downloaded
from the service list at the eService link on FERC Online.

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all 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. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.

    Dated: September 27, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-21917 Filed 10-3-23; 8:45 am]
BILLING CODE 6717-01-P