[Federal Register: December 2, 2010 (Volume 75, Number 231)]
[Proposed Rules]
[Page 75159-75162]
[DOCID:fr02de10-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1163; Directorate Identifier 2009-NM-233-AD]
RIN 2120-AA64

Airworthiness Directives; 328 Support Services GmbH (Type
Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild
Dornier GmbH; Dornier Luftfahrt GmbH) Model 328-100 and -300 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as:

    During a routine inspection, cracks have been found on an
aeroplane at the lower wing panel rear trailing edge inboard of flap
lever arm 1 (rib 5). A subsequent inspection of the other aeroplanes
in that operator's fleet revealed several more aeroplanes with
cracks at the same location. This condition, if not corrected, could
lead to structural failure of the affected wing panel, possibly
resulting in the wing separating from the airplane with consequent
loss of control.
* * * * *
    The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by January 18,
2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 328
Support Services GmbH, Global Support Center, P.O. Box 1252, D-82231
Wessling, Federal Republic of Germany; telephone +49 8153 88111 6666;
fax +49 8153 88111 6565; e-mail<EMAIL_ADDRESS>Internet http://
www.328support.de. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-1163;
Directorate Identifier 2009-NM-233-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On June 3, 2008, we issued AD 2008-10-51, Amendment 39-15535 (73 FR
30752, May 29, 2008). That AD required actions intended to address an
unsafe condition on the products listed above.
    Since we issued AD 2008-10-51, additional inspections and a
modification have been developed to address the onset of cracks in the
affected wing panel. The European Aviation Safety Agency (EASA), which
is the Technical Agent for the Member States of the European Community,
has issued Airworthiness Directive 2009-0194, dated September 1, 2009
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:

    During a routine inspection, cracks have been found on an
aeroplane at the lower wing panel rear trailing edge inboard of flap
lever arm 1 (rib 5). A subsequent inspection of the other aeroplanes
in that operator's fleet revealed several more aeroplanes with
cracks at the same location. This condition, if not corrected, could
lead to structural failure of the affected wing panel, possibly
resulting in the wing separating from the airplane with consequent
loss of control.
    To correct this unsafe condition, EASA issued Emergency AD 2008-
0087-E [dated May 8, 2008] to require detailed visual inspections
(DVI) of both the left (LH) and right (RH) wing panel rear trailing
edge around rib 3 and rib 5 and a subsequent Eddy Current inspection
(NDI) [non-destructive inspection] of the same area to detect
cracks, follow-up repair actions when cracks are found, and the
reporting of all findings. The TC [type certificate] holder has now
developed a modification, consisting of the cold expansion of the
former lower wing panel CAMLOC holes together with the installation
of new attachment material that will prevent the onset of cracks in
the affected wing panel.
    For the reasons described above, this [EASA] AD retains the
inspection and repair requirements of AD 2008-0087-E, which is
superseded, adds repetitive inspections and a requirement to modify
both the LH and RH wing panel rear trailing edges from rib 3 to rib
9. Modification does not constitute terminating action for the new
repetitive inspection requirements of this AD.

    The new inspections are repetitive eddy current inspections. The
modification includes cold expansion of the former lower wing panel
CAMLOC holes and installation of new attachment material. You may
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    328 Support Services GmbH has issued Alert Service Bulletins ASB-
328-57-037 and ASB-328J-57-015, both Revision 2, both dated May 20,
2008. 328 Support Services GmbH has also issued Service Bulletins SB-
328-57-481 and SB-328J-57-230, both Revision 1, both dated October 15,
2009. The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 49 products of U.S. registry.
    The actions that are required by AD 2008-10-51 and retained in this
proposed AD take about 2 work-hours per product, at an average labor
rate of $85 per work hour. Required parts cost about $0 per product.
Based on these figures, the estimated cost of the currently required
actions is $170 per product.
    We estimate that it would take about 8 work-hours per product to
comply with the new basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost about
$11,600 per product. Where the service information lists required parts
costs that are covered under warranty, we have assumed that there will
be no charge for these costs. As we do not control warranty coverage
for affected parties, some parties may incur costs higher than
estimated here. Based on these figures, we estimate the cost of the
proposed AD on U.S. operators to be $601,720, or $12,280 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-15535 (73 FR
30752, May 29, 2008) and adding the following new AD:

328 Support Services GmbH (Type Certificate Previously Held by
AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt
GmbH): Docket No. FAA-2010-1163; Directorate Identifier 2009-NM-233-
AD.

Comments Due Date

    (a) We must receive comments by January 18, 2011.

Affected ADs

    (b) This AD supersedes AD 2008-10-51, Amendment 39-15535.

Applicability

    (c) This AD applies to 328 Support Services GmbH (Type
Certificate previously held by AvCraft Aerospace GmbH; Fairchild
Dornier GmbH; Dornier Luftfahrt GmbH) Model 328-100 and -300
airplanes; all serial numbers; certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    During a routine inspection, cracks have been found on an
aeroplane at the lower wing panel rear trailing edge inboard of flap
lever arm 1 (rib 5). A subsequent inspection of the other aeroplanes
in that operator's fleet revealed several more aeroplanes with
cracks at the same location. This condition, if not corrected, could
lead to structural failure of the affected wing panel, possibly
resulting in the wing separating from the airplane with consequent
loss of control.
* * * * *
    The new inspections are repetitive eddy current inspections. The
modification includes cold expansion of the former lower wing panel
CAMLOC holes and installation of new attachment material.

Compliance

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

Restatement of Requirements of AD 2008-10-51 With Updated Service
Information

Repetitive Detailed Visual Inspections for Cracks

    (g) Within 10 flight cycles, or 10 flight hours, or 7 days,
whichever occurs first, after June 3, 2008 (the effective date of AD
2008-10-51): Accomplish a detailed visual inspection of both the
left-hand (LH) and right-hand (RH) lower wing panel inboard and
outboard of flap lever arm 1 (rib 5) for cracks, in accordance with
the Accomplishment Instructions of Dornier Alert Service Bulletin
ASB-328J-57-015 or

ASB-328-57-037, both Revision 1, both dated May 8, 2008, as
applicable; or 328 Support Services Alert Service Bulletin ASB-328J-
57-015 or ASB-328-57-037, both Revision 2, both dated May 20, 2008;
as applicable. After the effective date of this AD, use only 328
Support Services Alert Service Bulletin ASB-328J-57-015 or ASB-328-
57-037, both Revision 2, both dated May 20, 2008. If no crack is
detected, repeat the detailed visual inspection thereafter at
intervals not to exceed 50 flight hours. If any crack is detected,
before further flight, do an eddy current inspection in accordance
with paragraph (h) of this AD.

Repetitive Eddy Current Inspections for Cracks

    (h) Within 400 flight hours or 3 months after June 3, 2008,
whichever occurs first: Accomplish an eddy current inspection of
both the LH and RH lower wing panel in the vicinity of rib 3 and
inboard and outboard of flap lever arm 1 (rib 5) for cracks, in
accordance with the Accomplishment Instructions of Dornier Alert
Service Bulletin ASB-328J-57-015 or ASB-328-57-037, both Revision 1,
both dated May 8, 2008; or 328 Support Services Alert Service
Bulletin ASB-328J-57-015 or ASB-328-57-037, both Revision 2, both
dated May 20, 2008; as applicable. After the effective date of this
AD, use only 328 Support Services Alert Service Bulletin ASB-328J-
57-015 or ASB-328-57-037, both Revision 2, both dated May 20, 2008.
Repeat the eddy current inspection thereafter at intervals not to
exceed 400 flight cycles until the inspection required by paragraph
(i) of this AD is accomplished. Accomplishment of the eddy current
inspection terminates the detailed visual inspection required by
paragraph (g) of this AD.

New Requirements of This AD

New Repetitive Intervals for Eddy Current Inspections

    (i) Within 800 flight cycles after the last eddy current
inspection required in paragraph (h) of this AD is done, or within
60 days after the effective date of this AD, whichever occurs later,
do an eddy current inspection for cracking of the lower wing panel
(outside) around the flap lever arm 1 (rib 5); in accordance with
the Accomplishment Instructions of 328 Support Services Alert
Service Bulletin ASB-328-57-037 (for Model 328-100 airplanes) or
ASB-328J-57-015 (for Model 328-300 airplanes), both Revision 2, both
dated May 20, 2008. Repeat the inspection thereafter at intervals
not to exceed 800 flight cycles. Doing this inspection terminates
the repetitive inspection requirements of paragraph (h) of this AD.

Inspection and Modification of Lower Wing Panel

    (j) Within 24 months after the effective date of this AD, do an
eddy current inspection of the lower wing panel (outside) around the
flap lever arm 1 (rib 5). If no cracking is found, modify the lower
wing panel by doing a cold expansion of the CAMLOC holes and
installing new attachment material from rib 9 LH to rib 9 RH. Do all
actions required by this paragraph in accordance with the
Accomplishment Instructions of 328 Support Services Service Bulletin
SB-328-57-481 (for Model 328-100 airplanes) or SB-328J-57-230 (for
Model 328-300 airplanes), both Revision 1, both dated October 15,
2009. Doing the modification does not end the repetitive inspection
requirements of paragraph (i) of this AD.

Repair

    (k) If any cracking is found during any inspection required by
this AD, before further flight contact 328 Support Services GmbH for
repair instructions and do the repair using a method approved by
either the Manager, International Branch, ANM 116, Transport
Airplane Directorate, FAA; or European Aviation Safety Agency (EASA)
(or its delegated agent).

Inspections Accomplished According to Previous Issues of Service
Bulletins

    (l) Inspections accomplished before the effective date of this
AD according to Dornier Alert Service Bulletin ASB-328-57-037 or
Dornier Alert Service Bulletin ASB 328J-57-015, both Revision 1,
both dated May 8, 2008, as applicable, are considered acceptable for
compliance with the inspection requirements of paragraphs (i) and
(j) of this AD.

Report

    (m) At the applicable time specified in paragraph (m)(1) and
(m)(2) of this AD: Send 328 Support Services GmbH a report of
findings (both positive and negative) found during each inspection
required by paragraphs (g), (h), and (i) of this AD. The report must
include the inspection results, a description of any cracks found,
the airplane serial number, and the number of landings and flight
hours on the airplane. Send the report to 328 Support Services GmbH,
Global Support Center, P.O. Box 1252, D-82231 Wessling, Federal
Republic of Germany; Telephone +49 8153 88111 6666; fax 49 8153
88111 6565; e-mail<EMAIL_ADDRESS>    (1) For any inspection done after the effective date of this AD:
Within 30 days after the inspection.
    (2) For any inspection done before the effective date of this
AD: Within 30 days after the effective date of this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows:
    EASA AD 2009-0194 gives credit for eddy current inspections
conducted in accordance with the maintenance review board tasks. We
are not giving credit for those inspections.

Other FAA AD Provisions

    (n) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: A Federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.,
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.
    (4) Special Flight Permits: Special flight permits may be issued
in accordance with sections 21.197 and 21.199 of the Federal
Aviation Regulations (14 CFR 21.197 and 21.199) to operate the
airplane to a location where the requirements of paragraphs (g),
(h), and (i) of this AD can be done if the following conditions are
met:
    (i) The initial inspection required by paragraph (g) of this AD
must be accomplished.
    (ii) If a crack indication exceeds 12.5 mm (0.49 inch), the
Manager, International Branch, ANM-116, concurs with issuance of the
special flight permits.

Related Information

    (o) Refer to MCAI EASA Airworthiness Directive 2009-0194, dated
September 1, 2009, and the service bulletins listed in Table 1 of
this AD, for related information.

                       Table 1--Service Bulletins
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        Service Bulletin           Revision              Date
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328 Support Services Alert                2  May 20, 2008.
 Service Bulletin ASB-328-57-037.
328 Support Services Alert                2  May 20, 2008.
 Service Bulletin ASB-328J-57-
 015.
328 Support Services Service              1  October 15, 2009.
 Bulletin SB-328-57-481.
328 Support Services GmbH                 1  October 15, 2009.
 Service Bulletin SB-328J-57-230.
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    Issued in Renton, Washington on November 22, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-30282 Filed 12-1-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 221 (Friday, November 15, 2013)]
[Notices]
[Pages 68833-68834]
[FR Doc No: 2013-27387]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2179-021; ER10-2181-021; ER10-2182-021.
    Applicants: Calvert Cliffs Nuclear Power Plant, LLC, Nine Mile
Point Nuclear Station, LLC, R.E. Ginna Nuclear Power Plant, LLC.
    Description: Notice of Non-Material Change in Status of Calvert
Cliffs Nuclear Power Plant, LLC, et al.
    Filed Date: 11/5/13.
    Accession Number: 20131105-5143.
    Comments Due: 5 p.m. ET 11/26/13.

    Docket Numbers: ER14-229-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits 2213R2 Cimarron
Windpower II, LLC GIA Supplemental Submission to be effective N/A.
    Filed Date: 11/5/13.
    Accession Number: 20131105-5129.
    Comments Due: 5 p.m. ET 11/26/13.

    Docket Numbers: ER14-325-000.
    Applicants: Enel Cove Fort, LLC.
    Description: Enel Cove Fort, LLC submits Enel Cove Fort, LLC MBR
Tariff to be effective 11/15/2013.
    Filed Date: 11/5/13.
    Accession Number: 20131105-5097.

    Comments Due: 5 p.m. ET 11/26/13.
    Docket Numbers: ER14-326-000.
    Applicants: The Connecticut Light and Power Company.
    Description: The Connecticut Light and Power Company submitsTown of
Wallingford--CONVEX Services CL&P Electric Rate Schedule FERC No. 583
to be effective 1/1/2014.
    Filed Date: 11/5/13.
    Accession Number: 20131105-5098.
    Comments Due: 5 p.m. ET 11/26/13.

    Docket Numbers: ER14-327-000.
    Applicants: The Connecticut Light and Power Company.
    Description: The Connecticut Light and Power Company submits
CMEEC--CONVEX Services First Revised Rate Schedule FERC No. 576 to be
effective 1/1/2014.
    Filed Date: 11/5/13.
    Accession Number: 20131105-5115.
    Comments Due: 5 p.m. ET 11/26/13.

    Docket Numbers: ER14-328-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee.
    Description: ISO New England Inc. and New England Power Pool

Participants Committee submit Installed Capacity Requirement, Hydro
Quebec Interconnection Capability Credits and Related Values for the
2017/2018 Capability Year.
    Filed Date: 11/5/13.
    Accession Number: 20131105-5124.
    Comments Due: 5 p.m. ET 11/26/13.

    Docket Numbers: ER14-329-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. submits 8th Forward Capacity
Auction Informational Filing.
    Filed Date: 11/5/13.
    Accession Number: 20131105-5125.
    Comments Due: 5 p.m. ET 11/20/13.

    Docket Numbers: ER14-330-000.
    Applicants: The Connecticut Light and Power Company.
    Description: The Connecticut Light and Power Company submits
CTMEEC--Convex Services First Revised CL&P Rate Schedule FERC No. 582
to be effective 1/1/2014.
    Filed Date: 11/5/13.
    Accession Number: 20131105-5130.
    Comments Due: 5 p.m. ET 11/26/13.

    Docket Numbers: ER14-331-000.
    Applicants: NorthWestern Corporation.
    Description: NorthWestern Corporation submits SA 692--MDT Florence
East to be effective 11/7/2013.
    Filed Date: 11/6/13.
    Accession Number: 20131106-5001.
    Comments Due: 5 p.m. ET 11/27/13.

    Docket Numbers: ER14-332-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits Amended
Distribution Service Agreement with Houweling Nurseries Oxnard, Inc. to
be effective 10/28/2013.
    Filed Date: 11/6/13.
    Accession Number: 20131106-5002.
    Comments Due: 5 p.m. ET 11/27/13.

    Docket Numbers: ER14-333-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits LGIA with
Portal Ridge Solar A, Portal Ridge Solar B, Portal Ridge Solar C to be
effective 11/7/2013.
    Filed Date: 11/6/13.
    Accession Number: 20131106-5003.
    Comments Due: 5 p.m. ET 11/27/13.

    Docket Numbers: ER14-334-000.
    Applicants: Potomac Electric Power Company.
    Description: Notice of Cancellation of Rate Schedules No. 20, 35
and 38 of Potomac Electric Power Company.
    Filed Date: 11/5/13.
    Accession Number: 20131105-5142.
    Comments Due: 5 p.m. ET 11/26/13.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 6, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-27387 Filed 11-14-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 117 (Friday, June 17, 2022)]
[Notices]
[Pages 36542-36544]
[FR Doc No: 2022-13101]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0041]

FM Approvals LLC: Application for Expansion of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the application of FM Approvals
LLC, for expansion of the recognition as a Nationally Recognized
Testing Laboratory (NRTL) and presents the agency's preliminary finding
to grant the application.

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before July 5, 2022.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: Submit comments and attachments electronically at
https://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for making electronic submissions.
    Docket: To read or download comments or other material in the
docket, go to https://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the https://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the website. All submissions,
including copyrighted material, are available for inspection through
the OSHA Docket Office. Contact the OSHA Docket Office at (202) 693-
2350 (TTY<PHONE_NUMBER>) for assistance in locating docket
submissions. Please note: While OSHA's docket office is continuing to
accept and process submissions by regular mail, due to the COVID-19
pandemic, the Docket Office is closed to the public and not able to
receive submissions to the rulemaking record by express delivery, hand
delivery, and messenger service.
    Instructions: All submissions must include the agency name and the
OSHA docket number (OSHA-2007-0041). OSHA places comments and other
materials, including any personal information, in the public docket
without revision, and these materials

will be available online at https://www.regulations.gov. Therefore, the
agency cautions commenters about submitting statements they do not want
made available to the public, or submitting comments that contain
personal information (either about themselves or others) such as Social
Security numbers, birth dates, and medical data.
    Extension of comment period: Submit requests for an extension of
the comment period on or before July 5, 2022 to the Office of Technical
Programs and Coordination Activities, Directorate of Technical Support
and Emergency Management, Occupational Safety and Health
Administration, U.S. Department of Labor, 200 Constitution Avenue NW,
Room N-3653, Washington, DC 20210, or by fax to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, phone:<PHONE_NUMBER> or email:
[email protected].
    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, phone:<PHONE_NUMBER> or email:
[email protected].

SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    OSHA is providing notice that FM Approvals LLC (FM), is applying
for expansion of the current recognition as a NRTL. FM requests the
addition of one test standard to the NRTL scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within the
scope of recognition. Each NRTL's scope of recognition includes: (1)
the type of products the NRTL may test, with each type specified by the
applicable test standard; and (2) the recognized site(s) that has/have
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope.
Recognition is not a delegation or grant of government authority;
however, recognition enables employers to use products approved by the
NRTL to meet OSHA standards that require product testing and
certification.
    The agency processes applications by a NRTL for initial recognition
and for an expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides a preliminary finding. In the second notice,
the agency provides a final decision on the application. These notices
set forth the NRTL's scope of recognition or modifications of that
scope. OSHA maintains an informational web page for each NRTL,
including FM, which details the NRTL's scope of recognition. These
pages are available from the OSHA website at https://www.osha.gov/dts/otpca/nrtl/index.html.
    FM currently has two facilities (sites) recognized by OSHA for
product testing and certification, with the headquarters located at: FM
Approvals LLC, 1151 Boston-Providence Turnpike, Norwood, Massachusetts
02062. A complete list of FM's scope of recognition is available at
https://www.osha.gov/nationally-recognized-testing-laboratory-program/fm.

II. General Background on the Application

    FM submitted one application, dated November 3, 2021 (OSHA-2007-
0041-0018), to expand the recognition to include one additional test
standard. The standard requested in the expansion application is a
replacement standard for ISA 12.12.01, which is currently included in
FM's NRTL scope of recognition. OSHA staff performed a detailed
analysis of the application packet and reviewed other pertinent
information. OSHA did not perform any on-site reviews in relation to
this application.
    Table 1, below, lists the appropriate test standard found in FM's
application for expansion for testing and certification of products
under the NRTL Program.

 Table 1--Proposed Appropriate Test Standard for Inclusion in FM's NRTL
                          Scope of Recognition
------------------------------------------------------------------------
       Test standard                     Test standard title
------------------------------------------------------------------------
UL 121201..................  Nonincendive Electrical Equipment for Use
                              in Class I and II, Division 2 and Class
                              III, Divisions 1 and 2 Hazardous
                              (Classified) Locations.
------------------------------------------------------------------------

III. Preliminary Findings on the Application

    FM submitted an acceptable application for expansion of the scope
of recognition. OSHA's review of the application file, and pertinent
documentation, indicate that FM has met the requirements prescribed by
29 CFR 1910.7 for expanding the recognition to include the addition of
the one test standard for NRTL testing and certification listed in
Table 1. This preliminary finding does not constitute an interim or
temporary approval of FM's application.
    OSHA seeks comment on this preliminary determination.

IV. Public Participation

    OSHA welcomes public comment as to whether FM meets the
requirements of 29 CFR 1910.7 for expansion of recognition as a NRTL.
Comments should consist of pertinent written documents and exhibits.
    Commenters needing more time to comment must submit a request in
writing, stating the reasons for the request by the due date for
comments. OSHA will limit any extension to 10 days unless the requester
justifies a longer time period. OSHA may deny a request for an
extension if it is not adequately justified.
    To review copies of the exhibits identified in this notice, as well
as comments submitted to the docket, contact the Docket Office,
Occupational Safety and Health Administration, U.S. Department of
Labor. These materials also are generally available online at https://www.regulations.gov under Docket No. OSHA-2007-0041 (for further
information, see the ``Docket'' heading in the section of this notice
titled ADDRESSES).
    OSHA staff will review all comments to the docket submitted in a
timely manner. After addressing the issues raised by these comments,
staff will make a recommendation to the Assistant Secretary of Labor
for Occupational

Safety and Health on whether to grant FM's application for expansion of
the scope of recognition. The Assistant Secretary will make the final
decision on granting the application. In making this decision, the
Assistant Secretary may undertake other proceedings prescribed in
Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of the final decision in the
Federal Register.

V. Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice. Accordingly, the agency is issuing this notice pursuant to 29
U.S.C. 657(g)(2), Secretary of Labor's Order No. 8-2020 (85 FR 58393,
Sept. 18, 2020), and 29 CFR 1910.7.

    Signed at Washington, DC, on June 10, 2022.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-13101 Filed 6-16-22; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 78, Number 18 (Monday, January 28, 2013)]
[Notices]
[Pages 5854-5855]
[FR Doc No: 2013-01711]

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

Office of the Secretary

Application of Scott Air, LLC for Certificate Authority

AGENCY: Department of Transportation.

ACTION: Notice of order to show cause (Order 2013-1-12), Docket DOT-
OST-2012-0178.

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SUMMARY: The Department of Transportation is directing all interested
persons to show cause why it should not issue an order finding Scott
Air, LLC fit, willing, and able, and awarding it a certificate of
public convenience and necessity to engage in interstate scheduled air
transportation of persons, property and mail.

DATES: Persons wishing to file objections should do so no later than
February 1, 2013.

ADDRESSES: Objections and answers to objections should be filed in
Docket DOT-OST-2012-0178 and addressed to U.S. Department of
Transportation, Docket Operations, (W12-140), 1200 New Jersey Avenue
SE., Washington, DC 20590, and should be served upon the parties listed
in Attachment A to the order.

FOR FURTHER INFORMATION CONTACT: Catherine J. OToole, Air Carrier
Fitness Division (X-56), U.S. Department of Transportation, 1200 New
Jersey Avenue SE., Washington, DC 20590,<PHONE_NUMBER>.

    Dated: January 18, 2013.
Susan L. Kurland,
Assistant Secretary for Aviation and International Affairs.
[FR Doc. 2013-01711 Filed 1-25-13; 8:45 am]
BILLING CODE P


[Federal Register Volume 83, Number 113 (Tuesday, June 12, 2018)]
[Notices]
[Pages 27359-27360]
[FR Doc No: 2018-12551]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83387; File No. SR-ICC-2018-005]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
to Amendments to the ICC Clearing Rules To Implement the European Union
General Data Protection Regulation

June 6, 2018.
    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 May 25, 2018, ICE Clear Credit LLC (``ICC'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change described in Items I and II below, which Items have been
prepared by ICC. ICC filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6) thereunder \4\ so that
the proposal was immediately effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The principal purpose of the proposed change is to make changes to
the ICC Clearing Rules (the ``ICC Rules'') to comply with certain
requirements of the European Union (``EU'') General Data Protection
Regulation (``GDPR'').\5\
---------------------------------------------------------------------------

    \5\ Regulation (EU) 2016/679 of the European Parliament and of
the Council of April 27, 2016.
---------------------------------------------------------------------------

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, ICC 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. ICC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

(a) Purpose
    ICC proposes revisions to Rule 407 to update its policies on data
protection to facilitate compliance with the requirements of the GDPR,
which took effect on May 25, 2018. The proposed revisions are described
in detail as follows.
    The amendments reflect that ICC's policies on use of personal data
will now primarily be stated in a privacy notice made available to
Clearing Participants (``CPs'') and other market participants, and
accordingly certain existing provisions in the Rules relating to
personal data will be removed or modified, as discussed herein. ICC
proposes minor changes to terminology in Rule 407(a)(iv) to replace the
term Data Protection Directive with Data Protection Regulation, which
will refer to the GDPR. ICC proposes corresponding changes throughout
the document. Under the proposed revisions, Rule 407(i) states that
subsections (i) through (m) apply to the extent that ICC is within
scope of the GDPR, and notes ICC's right to process ``Personal Data''
(as defined in the GDPR) \6\ for purposes permitted under the GDPR. The
proposed amendments also remove existing subsections (j) and (k), as
the relevant provisions containing ICC's obligations with respect to
Personal Data will now be set out in a privacy notice, and, instead,
include ICC's commitment to keeping Personal Data confidential in a new
subsection (j) and intentionally omit subsection (k). The proposed
updates to Rule 407(l) specify that CPs must ensure they have a lawful
basis for processing Personal Data provided to ICC. ICC also proposes
including references to defined terms used in the GDPR in Rule 407(m).
The proposed new Rule 407(n) states that recording telephone
conversations with ICC will take place to the extent permitted or
required under applicable law.
---------------------------------------------------------------------------

    \6\ Personal Data is defined in the GDPR as information related
to a natural person that would identify that person, in particular
by reference to an identifier such as a name, an identification
number, location data, an online identifier or one or more factors
specific to the physical, physiological, genetic, mental, economic,
cultural or social identity of that person.
---------------------------------------------------------------------------

(b) Statutory Basis
    Section 17A(b)(3)(F) of the Act \7\ requires, among other things,
that the rules of a clearing agency be designed to protect investors
and the public interest and to comply with the provisions of the Act
and the rules and regulations thereunder. ICC believes that the
proposed rule change is consistent with the requirements of the Act and
the rules and regulations thereunder applicable to ICC, in particular,
to Section 17A(b)(3)(F),\8\ because ICC believes that the proposed rule
change will protect investors and the public interest, as the proposed
revisions provide additional clarity on the rights and obligations of
ICC and its CPs relating to Personal Data and facilitate ICC's
compliance with the GDPR. As such, the proposed rule change is designed
to protect investors and the public interest within the meaning of
Section 17(A)(b)(3)(F) \9\ of the Act.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78q-1(b)(3)(F).
    \8\ 15 U.S.C. 78q-1(b)(3)(F).
    \9\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

    ICC does not believe the proposed rule change would have any
impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the purposes of the Act. The amendments
are being adopted to facilitate compliance with EU requirements
applicable to Personal Data under the GDPR, and apply to all CPs and
market participants. Although the amendments could impose certain
additional costs on CPs, these result from the requirements imposed by
the GDPR, and are generally applicable throughout the EU. As a result,
ICC does not believe the amendments would adversely affect competition
among CPs, the market for clearing services generally or access to
clearing in cleared products by CPs or other market participants.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments relating to the proposed rule change have not been
solicited or received. ICC will notify the Commission of any written
comments received by ICC.

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

    Because the foregoing proposed rule change does not (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate if consistent with
the protection of

investors and the public interest, provided that the self-regulatory
organization has given the Commission written notice of its intent to
file the proposed rule change at least five business days prior to the
date of filing of the proposed rule change or such shorter time as
designated by the Commission,\10\ the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-
4(f)(6) \12\ thereunder.
---------------------------------------------------------------------------

    \10\ ICC has satisfied this requirement.
    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \13\ normally
does not become operative prior to 30 days after the date of its
filing. Pursuant to Rule 19b-4(f)(6)(iii),\14\ however, the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. ICC has requested that
the Commission waive the five-day pre-filing requirement and the 30-day
operative delay so that ICC may implement the proposed rule change by
the effective date of the GDPR (May 25, 2018). The Commission notes
that the proposed rule change is limited to revising Rule 407 to
facilitate compliance with the requirements of the GDPR, including
committing ICC to keeping Personal Data confidential and clarifying
that ICC's policies on use of personal data will now primarily be
stated in a privacy notice. The proposed rule change does not (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; or (iii)
affect the safeguarding of funds or securities in the custody or
control of ICC or for which it is responsible. Waiver of the five-day
pre-filing requirement and the 30-day operative delay would allow ICC
to implement the proposed rule change by the effective date of the GDPR
and therefore comply with EU law. Therefore, the Commission believes
that waiving the five-day pre-filing requirement and the 30-day
operative delay is consistent with the protection of investors and the
public interest and designates the proposed rule change as operative
upon filing.\15\
---------------------------------------------------------------------------

    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ For purposes only of waiving the five-day pre-filing
requirement and the 30-day operative delay, the Commission has
considered the proposed rule change's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-ICC-2018-005 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-ICC-2018-005. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filings will also be available for inspection
and copying at the principal office of ICE Clear Credit and on ICE
Clear Credit's website at https://www.theice.com/clear-credit/regulation.
    All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ICC-2018-005 and should be
submitted on or before July 3, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

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

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-12551 Filed 6-11-18; 8:45 am]
 BILLING CODE 8011-01-P


$200,000.
* * * * *

    By the Commission.

    Dated: November 13, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-27951 Filed 11-20-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 201 (Thursday, October 17, 2019)]
[Notices]
[Page 55570]
[FR Doc No: 2019-22678]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-64-000]

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

    This is a supplemental notice in the above-referenced proceeding of
PGR Lessee L, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 30, 2019.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: October 10, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-22678 Filed 10-16-19; 8:45 am]
 BILLING CODE 6717-01-P


C. PM2.5 Modeling for Minnesota One petitioner asserts that EPA's modeling to determine whether emissions from Minnesota significantly contribute to downwind nonattainment of the PM2.5 NAAQS failed to take into account certain emission reductions required by State programs. Petitioner asserts that if these reductions had been properly included in the modeling done for CAIR, the modeling might show that the state of Minnesota does not significantly contribute to downwind nonattainment of the PM2.5 NAAQS. The petitioner also asked EPA to stay implementation of the CAIR in Minnesota.

The Agency is not taking action on the request for a stay at this time.

The Agency agrees that EPA's modeling of the contribution of emissions from Minnesota to downwind PM2.5 nonattainment for the final CAIR did not fully account for the effects on future year emissions of certain State control programs. In order to ensure that all parties have ample opportunity to comment on all aspects of this issue,

EPA is reconsidering the air quality modeling inputs for Minnesota.

Using the corrected inputs described below, EPA recently remodeled the PM2.5 contributions from emissions in Minnesota. In this analysis, EPA used the same PM2.5 modeling platform that was used for the final CAIR modeling. This modeling platform is described in the CAIR Air Quality Modeling Technical Support Document (" Technical Support Document for the Final Clean Air Interstate Rule,

Air Quality Modeling," March 2005, OAR 2003 0053 2123).

The EPA is not taking comment on the modeling platform itself, only on the corrected 2010 emissions inputs for Minnesota, as described below.

The result of the revised 2010 Minnesota PM2.5 contribution modeling is that Minnesota contributes a maximum of 0.20 µ g/ m3 to PM2.5 nonattainment in Chicago, IL.

This result confirms the findings from the CAIR PM2.5 contribution modeling that emissions in Minnesota make a significant contribution to PM2.5 nonattainment in Chicago,

IL. The 2010 emissions inputs used in the revised Minnesota modeling and the revised contributions to each downwind nonattainment receptor county can be found in the CAIR docket.

The following discussion provides background on the corrected emissions inputs for Minnesota and on air quality analyses that the Agency conducted prior to finalizing CAIR.

The emissions for the electric power sector used in EPA's contribution modeling for the final CAIR were derived from the Integrated Planning Model ( IPM). The IPM is designed to forecast the projected impact of environmental polices on the electric power sector. The Agency updated its IPM modeling for the final CAIR. As part of a routine model update to the IPM and in response to comments from various parties, EPA updated the inventory of EGUs, made revisions to several model assumptions, and added various State rules, regulations, and New Source Review settlements to best reflect available data and information.

In that IPM update for the final CAIR, the Agency included emission reduction actions that are required by Minnesota for certain units, based on the data available.

However, as discussed in the Response to Comments document ( RTC) for the final CAIR (" Corrected Response to Significant Public Comments on the Proposed Clean Air Interstate Rule," March 2005, corrected April 2005, OAR

2003 0053 2172) as well as in a memorandum to the CAIR docket entitled " Emissions in Minnesota: Additional Analysis" ( OAR 2003 0053 2091)(" Minnesota memorandum"), the Agency discovered that there may be some discrepancies between how the Agency represented the Minnesota emission reductions in the final CAIR IPM update and how the reductions would be implemented. The Agency revised its IPM model to better reflect the emission reductions from those Minnesota units and conducted revised emissions modeling using the IPM ( in the memorandum mentioned above the revised emissions modeling is described as a sensitivity analysis.) The revised emissions modeling ( sensitivity analysis) resulted in somewhat lower NOx and SO2 emission projections for Minnesota in the base case,

compared to the emissions modeling done for the final CAIR.

The revised emissions modeling was discussed in the RTC for the final CAIR and in the Minnesota memorandum.

Specifically, that revised IPM modeling projects statewide utility NOx emissions roughly 16,500 tons lower and SO2 emissions about 5,800 tons lower than the emissions modeling used in the final CAIR. These revised NOx and SO2 emission projections result in lower total NOx and SO2 emissions of 4.6 percent and 4.3 percent, respectively,

than the emission projections used in the final CAIR modeling.

In order to account for these revised emission projections,

the Agency performed two analyses to estimate whether air quality modeling based on the lower emission projections would show that Minnesota's downwind contribution was below the PM2.5 significance threshold of 0.2 µ g/ m3. The EPA's modeling of Minnesota for the final CAIR showed that Minnesota's maximum downwind contribution is 0.21 µ g/ m3 to Cook County, Illinois. The Agency's analyses of the effects of the lower emission projections on Minnesota's maximum contribution, which were presented in the RTC for the final CAIR and the Minnesota Memorandum, are summarized below:

  Analysis 1: We reduced the maximum PM2.5 contribution by the larger of the percent reduction in NOx and SO2 emissions ( i. e., the 4.6 percent reduction in NOx). The maximum PM2.5 contribution after making this adjustment is 0.2 µ g/ m3.

  Analysis 2: We reduced the sulfate and nitrate portions of the maximum PM2.5 contribution by the corresponding reductions in SO2 and NOx emissions. Specifically, the sulfate portion ( including sulfate, ammonium, and particle bound water) was reduced by the 4.3 percent reduction in SO2 emissions and the nitrate portion was reduced by the 4.6 percent reduction in NOx emissions.

We then recalculated the maximum contribution using these lower components. The result is that the adjusted maximum PM2.5 contribution is 0.2 µ g/ m3.

Thus, the analyses presented in the RTC and the Minnesota memorandum indicate that Minnesota makes a significant contribution to PM2.5 nonattainment, even after considering the lower emissions levels in the revised emissions modeling. 1 Although the Agency's analyses of downwind impacts from Minnesota which were based on the revised emissions modeling ( and presented in the RTC and the Minnesota memorandum) indicate that the State makes a significant contribution to downwind PM2.5 nonattainment, the Agency acknowledges that it did not at that time conduct air quality modeling based on the revised emissions modeling.

However, as discussed above, the Agency has now remodeled the PM2.5 contribution from emissions in Minnesota and the results of that revised modeling confirm that emissions in Minnesota make a significant contribution to PM2.5 nonattainment in Chicago, IL. This revised PM2.5 1 Although the petition acknowledges that the Agency revised its IPM emissions analysis to reflect emission reductions at certain Minnesota units, it states incorrectly that " EPA subsequently learned that emission levels in the IPM sensitivity analysis were overstated by an additional 16,500 tons of annual NOx emissions and 5,800 tons of annual SO2 emissions" ( petition, p. 7). As discussed above, the emission projections in EPA's revised IPM modeling ( the sensitivity analysis) were in fact lower by 16,500 tons of annual NOx emissions and 5,800 tons of SO2 emissions than the emission projections in EPA's modeling for the final CAIR. For the same reason, the petition is incorrect in stating ( p. 7) that EPA failed to consider these emission reductions in its analysis. contribution modeling used the same modeling platform as EPA used for the final CAIR modeling coupled with the revised emissions inputs for Minnesota discussed above.

This modeling also includes revised inputs for the State of Delaware, based on comments received in response to our proposal to add New Jersey and Delaware to the CAIR region for PM2.5 ( 70 FR 25408, May 12, 2005, docket ID OAR 2003

0053). EPA is taking comment only on the revised inputs for Minnesota discussed above.


[Federal Register Volume 79, Number 73 (Wednesday, April 16, 2014)]
[Notices]
[Page 21505]
[FR Doc No: 2014-08614]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

First Meeting: RTCA Special Committee 231, Special Committee 231
TAWS-GPWS

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

ACTION: Meeting Notice of RTCA Special Committee 231, TAWS-GPWS.

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SUMMARY: The FAA is issuing this notice to advise the public of the
first meeting of the RTCA Special Committee 231, TAWS- GPWS.

DATES: The meeting will be held May 28-29, 2014 from 9:00 a.m.-5:00
p.m.

ADDRESSES: The meeting will be held at RTCA Headquarters, RTCA, Inc.,
1150 18th Street NW., Suite 910, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: The RTCA Secretariat, 1150 18th Street
NW., Suite 910, Washington, DC 20036, or by telephone at (202) 330-
0652/(202) 833-9339, fax at<PHONE_NUMBER>, or Web site at http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a) (2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a meeting of Special Committee 213. The agenda will
include the following:

May 28

 Welcome
 Administrative Remarks
 Agenda Review
 Introductions
 RTCA Process Overview
 FAA Presentation on the desire for a MOPS update
 SC-231 Scope and Terms of Reference review
 SC-231 Structure and Organization of Work
 Proposed Schedule
 RTCA workspace presentation
 Other Business
 Date and Place of Next Meeting
 Adjourn, Review of terms of reference
 Status of DO-342A and DO-315C Drafts
 Industry updates
 WG-1 DO-315C draft review

May 29

 Continuation of Plenary or Working Group Session
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting.
    Persons wishing to present statements or obtain information should
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. Members of the public may present a written statement to the
committee at any time.

    Issued in Washington, DC, on April 9, 2014.
Paige Williams,
Management Analyst, NextGen, Business Operations Group, Federal
Aviation Administration.
[FR Doc. 2014-08614 Filed 4-15-14; 8:45 am]
BILLING CODE 4910-13-P