[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Notices]
[Pages 45525-45528]
[FR Doc No: 2015-18683]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF15-15-000]

Annova LNG Common Infrastructure, LLC, Annova LNG Brownsville A,
LLC, Annova LNG Brownsville B, LLC, Annova LNG Brownsville C, LLC;
Notice of Intent To Prepare an Environmental Impact Statement For the
Planned Annova LNG Brownsville Project, Request for Comments on
Environmental Issues, and Notice of Public Scoping Meeting

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental impact statement (EIS) that
will discuss the environmental impacts of the planned Annova LNG
Brownsville Project (Project) involving construction and operation of a
liquefied natural gas (LNG) production, storage, and export facility by
Annova LNG Common Infrastructure, LLC; Annova LNG Brownsville A, LLC;
Annova LNG Brownsville B, LLC; and Annova LNG Brownsville C, LLC
(collectively, Annova) in Cameron County, Texas. The Commission will
use this EIS in its decision-making process to determine whether the
project is in the public interest.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. You can make a difference by providing us with
your specific comments or concerns about the project. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
Your input will help the Commission staff determine what issues they
need to evaluate in the EIS. To ensure that your comments are timely
and properly recorded, please send your comments so that the Commission
receives them in Washington, DC on or before August 24, 2015.
    If you sent comments on this project to the Commission before March
11, 2015, you will need to file those comments in Docket No. PF15-15-
000 to ensure they are considered as part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this planned
project and encourage them to comment on their areas of concern. If you
are a landowner receiving this notice, an Annova representative may
contact you about the acquisition of lands needed to construct,
operate, and maintain the planned facilities.

Public Participation

    For your convenience, there are four methods you can use to submit
your comments to the Commission. The Commission will provide equal
consideration to all comments received, whether filed in written form
or provided verbally. The Commission encourages electronic filing of
comments and has expert staff available to assist you at<PHONE_NUMBER>
or<EMAIL_ADDRESS>Please carefully follow these instructions so that
your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site

(www.ferc.gov) under the link to Documents and Filings. This is an easy
method for submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' If you are filing a comment on a particular project,
please select ``Comment on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the project docket number
(PF15-15-000) with your submission: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Room 1A,
Washington, DC 20426.
    (4) In lieu of sending written or electronic comments, the
Commission invites you to attend the public scoping meeting its staff
will conduct in the Project area, scheduled as follows.

FERC Public Scoping Meeting, Annova LNG Brownsville Project, Tuesday,
August 11, 2015, From 1:00 p.m. to 8:00 p.m., Port Isabel Event &
Cultural Center, 309 E. Railroad Ave., Port Isabel, TX 78578

    You may attend at any time during the scoping meeting. There will
not be a formal presentation by Commission staff, but you will be
provided information about the FERC process. Commission staff will be
available to take verbal comments.
    For your convenience, we are combining the Port Isabel scoping
meetings for the three Brownsville area LNG projects currently in our
pre-filing process. Representatives of Annova, as well as those of
Texas LNG Brownsville LLC for its planned Texas LNG Brownsville LNG
Project (Docket No. PF15-14-000) and Rio Grande LNG, LLC for its
planned Rio Grande LNG Export Project and Rio Bravo Pipeline Company,
LLC for its planned Rio Bravo Pipeline Project (Docket No. PF15-20-000)
will be present to answer questions about their respective planned
projects.
    You may comment on any one, two, or all three planned projects.
Comments will be recorded by a stenographer and transcripts will be
placed into the appropriate docket(s) for the project and made
available for public viewing on FERC's eLibrary system (see page 8
``Additional Information'' for instructions on using eLibrary). We
believe it is important to note that verbal comments hold the same
weight as written or electronically submitted comments. If a
significant number of people are interested in providing verbal
comments, a time limit of 3 to 5 minutes may be implemented for each
commenter to ensure all those wishing to comment have the opportunity
to do so within the designated meeting time. Time limits will be
strictly enforced if they are implemented.
    Please note this is not your only public input opportunity; please
refer to the review process flow chart in appendix 1.\1\
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    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street NE.,
Washington, DC 20426, or call<PHONE_NUMBER>. For instructions on
connecting to eLibrary, refer to the last page of this notice.
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Summary of the Planned Project

    Annova plans to construct, own, and operate the Project on the
southern bank of the Brownsville Ship Channel (BSC) at mile marker 8.2,
in Cameron County, Texas. The site is owned by the Port of Brownsville
(Port) and Annova has entered into a Lease Option Agreement for
possible use of the site. The BSC has direct access to the Gulf of
Mexico via the Brazos Santiago Pass and is within an area that has no
zoning restrictions.
    The Project would include six liquefaction trains with a total
capacity of 6 million tonnes per annum of LNG. The natural gas
delivered to the site would be treated, liquefied, and stored on site
in two single containment LNG storage tanks, each with a net capacity
of approximately 160,000 cubic meters. The LNG would be loaded onto LNG
carriers (LNGCs) for export to overseas markets. On February 20, 2014,
in Order No. 3394, the U.S. Department of Energy, Office of Fossil
Energy, granted to Annova a long-term, multi-contract authorization to
export LNG to Free Trade Agreement nations.
    The Project includes two principal parts: the LNG facilities and
the associated marine facilities. The LNG facilities would be designed
to receive 0.89 billion cubic feet per day of feed gas via pipeline;
treat the gas to remove constituents that affect the cryogenic process;
liquefy the gas; and store the LNG in storage tanks prior to loading
for shipment. The marine facilities would include an LNGC berth, a tug
berth, a dock for support and security vessels, and a material
offloading facility.
    The Project would consist of the following facilities:
     Pipeline meter station;
     liquefaction facilities;
     two LNG storage tanks;
     marine and LNG transfer facilities;
     control room, administration/maintenance building; and
     utilities (site access road, power, water, and
communication systems).
    The general location of the project facilities is shown in appendix
2.

Land Requirements for Construction

    The Project would be located within a parcel of 655 acres that is
currently under a Least Option Agreement between Annova and the Port.
Constructing the Project would affect approximately 580 acres of land.
Following construction approximately 400 acres would be permanently
converted for operation of the Project.

Non-Jurisdictional Facilities

    Annova intends to receive natural gas for the facility from Energy
Transfer Partners' intrastate pipeline system that is not under the
jurisdiction of the FERC. Energy Transfer Partners has near-term plans
to expand its existing system by constructing the Isla Grande Pipeline,
a multi-customer pipeline connecting the Agua Dulce Hub in Nueces
County, Texas, to end-users in Mexico and the Brownsville area. As part
of this expansion, Energy Transfer Partners also plans to construct a
lateral from the Isla Grande Pipeline eastward along the BSC to supply
potential customers. This pipeline, known as the BND South Delivery
Header, would include an interconnection to the Project site.
    Although FERC doesn't have the regulatory authority to modify or
deny the construction of the above-described facilities, we will
disclose available information regarding the construction impacts in
the cumulative impacts section of our EIS.

The EIS Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the authorization of LNG
facilities under Section 3 of the Natural Gas Act. NEPA also requires
us \2\ to discover and address concerns the public may have about
proposals. This process is referred to as scoping. The main goal of the
scoping process is to focus the analysis in the EIS on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to

address in the EIS. We will consider all filed comments during the
preparation of the EIS.
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    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
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    In the EIS we will discuss impacts that could occur as a result of
the construction and operation of the planned project under these
general headings:
     Geology and soils;
     water resources and wetlands;
     vegetation, fisheries, and wildlife;
     endangered and threatened species;
     land use;
     socioeconomics;
     cultural resources;
     air quality and noise;
     public safety and reliability;
     environmental justice; and
     cumulative impacts.
    We will also evaluate possible alternatives to the planned Project
or portions of the Project, and make recommendations on how to lessen
or avoid impacts on the various resource areas.
    Although no formal application has been filed, we have already
initiated our NEPA review under the Commission's pre-filing process.
The purpose of the pre-filing process is to encourage early involvement
of interested stakeholders and to identify and resolve issues before
the FERC receives an application. As part of our pre-filing review, we
have begun to contact some federal and state agencies to discuss their
involvement in the scoping process and the preparation of the EIS.
    The EIS will present our independent analysis of the issues. We
will publish and distribute the draft EIS for public comment. After the
comment period, we will consider all timely comments and revise the
document, as necessary, before issuing a final EIS. To ensure we have
the opportunity to consider and address your comments, please carefully
follow the instructions in the Public Participation section, beginning
on page 2.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to environmental issues related
to this project to formally cooperate with us in the preparation of the
EIS.\3\ Agencies that would like to request cooperating agency status
should follow the instructions for filing comments provided under the
Public Participation section of this notice. Currently, the U.S.
Department of Energy, U.S. Department of Transportation, U.S. Coast
Guard, U.S. Fish and Wildlife Service, U.S. Environmental Protection
Agency, and the U.S. Army Corps of Engineers have expressed their
intention to participate as cooperating agencies in the preparation of
the EIS.
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    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
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Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the applicable State Historic Preservation Office (SHPO), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the Project's potential effects on
historic properties.\4\ We will define the project-specific Area of
Potential Effects (APE) in consultation with the SHPO as the Project
develops. On natural gas facility projects, the APE at a minimum
encompasses all areas subject to ground disturbance (examples include
LNG facility site, contractor/equipment storage yards, and access
roads). Our EIS for this Project will document our findings on the
impacts on historic properties and summarize the status of
consultations under section 106.
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    \4\ The Advisory Council on Historic Preservation regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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Currently Identified Environmental Issues

    We have already identified several issues that we think deserve
attention based on a preliminary review of the planned facilities, the
environmental information provided by Annova, and early comments filed
with FERC. This preliminary list of issues may change based on your
comments and our analysis.
     Potential impacts on water quality;
     potential impacts on wetlands and estuaries;
     potential impact on fisheries and aquatic resources;
     potential impact on Federally listed endangered and
threatened species;
     potential impact on the Lower Rio Grande Valley National
Wildlife Refuge (NWR) including the area known as the Loma Ecological
Preserve, and the Laguna Atascosa NWR;
     visual effects on surrounding areas;
     potential impacts on tourism and recreational and
commercial fisheries;
     potential for disproportionate impact on lower income
communities;
     potential impacts on air quality;
     public health and safety; and
     cumulative impacts.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations), whose property may be used temporarily for project
purposes, or who own homes within certain distances of aboveground
facilities, and anyone who submits comments on the Project. We will
update the environmental mailing list as the analysis proceeds to
ensure that we send the information related to this environmental
review to all individuals, organizations, and government entities
interested in and/or potentially affected by the planned project.
    Copies of the completed draft EIS will be sent to the environmental
mailing list for public review and comment. If you would prefer to
receive a paper copy of the document instead of the CD version or would
like to remove your name from the mailing list, please return the
attached Information Request (appendix 3).

Becoming an Intervenor

    Once Annova files its application with the Commission, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are in
the User's Guide under the ``eFiling'' link on the Commission's Web
site. Please note that the Commission will not accept requests for
intervenor status at this time. You must wait until the Commission
receives a formal application for the Project.

Additional Information

    Additional information about the Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., PF15-
15). Be sure you have selected an appropriate date range. For
assistance,

please contact FERC Online Support at<EMAIL_ADDRESS>or
toll free at<PHONE_NUMBER>, or for TTY, contact<PHONE_NUMBER>. The
eLibrary link also provides access to the texts of formal documents
issued by the Commission, such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: July 23, 2015.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2015-18683 Filed 7-29-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 36 (Wednesday, February 23, 2011)]
[Notices]
[Pages 10076-10078]
[FR Doc No: 2011-3983]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63918; File No. SR-C2-2011-005]

Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Notice of Filing and Order Granting Accelerated Approval of Proposed
Rule Change to Adopt Supplemental Rule (a) to Chapter 4 Relating to
Proxy Voting

February 16, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on February 10, 2011, the C2 Options Exchange, Incorporated
(``Exchange'' or ``C2'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons, and is approving the
proposed rule change on an accelerated basis.
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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 adopt Supplemental Rule (a), Proxy Voting,
to C2 Chapter 4 in accordance with provisions of Section 957 of the
Dodd-Frank Wall Street Reform and Consumer Protection Act (the ``Dodd-
Frank Act''). The text of the rule proposal is available on the
Exchange's Web site (http://www.cboe.org/legal), at the Exchange's
Office of the Secretary and at the Commission.

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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    Section 957 of the Dodd-Frank Act adopted new Section 6(b)(10) of
the Act,\3\ which requires the rules of each national securities
exchange to prohibit any member that is not the beneficial owner of a
security registered under Section 12 of the Act \4\ from granting a
proxy to vote the security in connection with certain shareholder
votes, unless the beneficial owner of the security has instructed the
member to vote the proxy in accordance with the voting instructions of
the beneficial owner. The shareholder votes covered by Section 957
include any vote with respect to (i) the election of a member of the
board of directors of an issuer (except for a vote with respect to the
uncontested election of a member of the board of directors of any
investment company registered under the Investment Company Act of 1940
(the ``Investment Company Act''), (ii) executive compensation, or (iii)
any other significant matter, as determined by the Commission, by
rule.\5\
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    \3\ 15 U.S.C. 78f(b)(10).
    \4\ 15 U.S.C. 78l.
    \5\ 15 U.S.C. 78f(b)(10)(B).
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    Accordingly, in order to carryout the requirements of Section 957
of the Dodd-Frank Act, the Exchange is proposing to adopt Supplemental
Rule (a) to C2 Chapter 4. Paragraph (1) of the proposed rule provides
that a C2 Permit Holder is prohibited from giving a proxy to vote stock
that is registered in its name, unless: (i) Such Permit Holder is the
beneficial owner of such stock; (ii) pursuant to the written
instructions of the beneficial owner; or (iii) pursuant to the rules of
any national securities exchange or association of which it is a member
provided that the records of the Permit Holder clearly indicate the
procedure it is following. The Exchange is proposing to adopt these
provisions because other national securities exchanges and associations
do allow proxy voting under certain limited circumstances while the
current Exchange Rules are silent on such matters. Therefore, a C2
Permit Holder that is also a member of another national securities
exchange or association may vote shares held for a customer when
allowed under its membership at another national securities exchange or
association, provided that the records of the C2 Permit Holder clearly
indicate the procedure it is following.
    Notwithstanding the above, paragraph (2) of the proposed rule
provides that a C2 Permit Holder that is not the beneficial owner of a
security registered under Section 12 of the Act is prohibited from
granting a proxy to vote the security in connection with a shareholder
vote on the election of a member of the board of directors of an issuer
(except for a vote with respect to uncontested election of a member of
the board of directors of any investment company registered under the
Investment Company Act), executive compensation, or any other
significant matter, as determined by the Commission, by rule, unless
the beneficial owner of the security has instructed the Permit Holder
to vote the proxy in accordance with the voting instructions of the
beneficial owner.

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act \6\ and the rules and regulations thereunder and, in
particular, the requirements of Section 6(b) of the Act.\7\
Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(10) \8\ requirements that all national
securities exchanges adopt rules prohibiting members from voting,
without receiving instructions from the beneficial owner of shares, on
the election of a member of a board of directors of an issuer (except
for a vote with respect to the uncontested election of a member of the
board of directors of any investment company registered under the
Investment Company Act of 1940), executive compensation, or any other
significant matter, as determined by the Commission, by rule. The
Exchange also believes that the proposed rule changes is consistent
with the Section 6(b)(5) requirements that an exchange have rules that
are designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest. The
Exchange is adopting this proposed rule change to comply with the
requirements of Section 957 of the Dodd-Frank Act, and therefore
believes the proposed rule change to be consistent with the Act,
particularly with respect to the protection of investors and the public
interest.
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    \6\ 15 U.S.C. 78a et seq.
    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(10).
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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 not necessary or appropriate in
furtherance of the purposes of the Act.

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

    The Exchange neither solicited nor received comments on the
proposal.

III. 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-C2-2011-005 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-C2-2011-005. 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 Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
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-C2-2011-005 and should be
submitted on or before March 16, 2011.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    In its filing, C2 requested that the Commission approve the
proposal on an accelerated basis so that the Exchange could immediately
comply with the requirements imposed by the Dodd-Frank Act, and because
the proposed rule text is based upon International Securities Exchange
(``ISE'') Rule 421.\9\ After careful consideration, the Commission
finds that the proposed rule change is consistent with the requirements
of the Act and the rules and regulations thereunder applicable to a
national securities exchange.\10\
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    \9\ See Securities Exchange Act Release 63139 (October 20,
2010), 75 FR 65680 (October 26. 2010).
    \10\ In approving this rule change, the Commission notes that it
has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
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    The Commission believes that proposed Supplemental Rule (a) to
Chapter 4 is consistent with Section 6(b)(5) \11\ of the Act, which
provides, among other things, that the rules of the Exchange must be
designed to promote just and equitable principles of trade, remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest, and are not designed to permit unfair discrimination
between customers, issuers, brokers, or dealers.
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    \11\ 15 U.S.C. 78f(b)(5).
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    Under proposed Supplemental Rule (a)(1), a Permit Holder shall be
prohibited from voting uninstructed shares unless (1) that Permit
Holder is the beneficial owner of the stock; (2) pursuant to the
written instructions of the beneficial owner; or (3) pursuant to the
rules of any national securities exchange or association of which it is
also a member, provided that the Permit Holder's records clearly
indicate the procedure it is following. This provision is based upon
ISE Rule 421, which was previously approved by the Commission.\12\ The
Commission notes that the proposed change will provide clarity to C2
Permit Holders going forward on whether broker discretionary voting is
permitted by C2 Permit Holders under limited circumstances when the
Permit Holder is also a member of another national securities exchange
that permits broker discretionary voting. In approving this portion of
the C2 proposal, the Commission notes that Supplemental Rule (a)(1) is
consistent with the approach taken under the rules of other national
securities exchanges or national securities association, and for C2
Permit Holders who are not also members of another national securities
exchange prohibits broker discretionary voting on any matter,
consistent with

investor protection and the public interest.
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    \12\ See supra note 9. See also NYSE Arca Rule 9.4 and FINRA
Rule 2251, which are similar and previously approved by the
Commission. See Securities Exchange Act Release No. 48735 (October
31, 2003), 68 FR 63173 (November 7, 2003) (SR-PCX-2003-50); 61052
(November 23, 2009), 74 FR 62857 (December 1, 2009) (SR-FINRA-2009-
066) (finding that the proposed rule change was consistent with the
Act because the Rule ``will continue to provide FINRA members with
guidance on the forwarding of proxy and other issuer-related
materials.'').
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    The Commission believes that proposed Supplemental Rule (a)(2) is
consistent with Section 6(b)(10) \13\ of the Act, which requires that
national securities exchanges adopt rules prohibiting members that are
not beneficial holders of a security from voting uninstructed proxies
with respect to the election of a member of the board of directors of
an issuer (except for uncontested elections of directors for companies
registered under the Investment Company Act), executive compensation,
or any other significant matter, as determined by the Commission by
rule.
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    \13\ 15 U.S.C. 78f(b)(10).
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    The Commission believes that proposed Supplemental Rule (a)(2) is
consistent with Section 6(b)(10) of the Act because it adopts revisions
that comply with that section. As noted in the accompanying Senate
Report, Section 957, which enacted Section 6(b)(10), reflects the
principle that ``final vote tallies should reflect the wishes of the
beneficial owners of the stock and not be affected by the wishes of the
broker that holds the shares.'' \14\ The proposed rule change will make
C2 compliant with the new requirements of Section 6(b)(10) by
specifically prohibiting, in C2's rule language, broker-dealers, who
are not beneficial owners of a security, from voting uninstructed
shares in connection with a shareholder vote on the election of a
member of the board of directors of an issuer (except for a vote with
respect to the uncontested election of a member of the board of
directors of any investment company registered under the Investment
Company Act of 1940), executive compensation, or any other significant
matter, as determined by the Commission by rule, unless the member
receives voting instructions from the beneficial owner of the
shares.\15\
---------------------------------------------------------------------------

    \14\ See S. Rep. No. 111-176, at 136 (2010).
    \15\ The Commission has not, to date, adopted rules concerning
other significant matters where uninstructed broker votes should be
prohibited, although it may do so in the future. Should the
Commission adopt such rules, we would expect C2 to adopt
coordinating rules promptly to comply with the statute.
---------------------------------------------------------------------------

    The Commission also believes that proposed Supplemental Rule (a)(2)
is consistent with Section 6(b)(5) \16\ of the Act, which provides,
among other things, that the rules of the Exchange must be designed to
promote just and equitable principles of trade, remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest, and are not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission believes that the rule assures that shareholder
votes on the election of the board of directors of an issuer (except
for a vote with respect to the uncontested election of a member of the
board of directors of any investment company registered under the
Investment Company Act of 1940) and on executive compensation matters
are made by those with an economic interest in the company, rather than
by a broker that has no such economic interest, which should enhance
corporate governance and accountability to shareholders.\17\
---------------------------------------------------------------------------

    \17\ As the Commission stated in approving NYSE rules
prohibiting broker voting in the election of directors, having those
with an economic interest in the company vote the shares, rather
than the broker who has no such economic interest, furthers the goal
of enfranchising shareholders. See Securities Exchange Act Release
No. 60215 (July 1, 2009), 74 FR 33293 (July 10, 2009) (SR-NYSE-2006-
92).
---------------------------------------------------------------------------

    Based on the above, the Commission finds that the C2 proposal will
further the purposes of Sections 6(b)(5) and 6(b)(10) of the Act
because it should enhance corporate accountability to shareholders
while also serving to fulfill the Congressional intent in adopting
Section 6(b)(10) of the Act.
    The Commission also finds good cause, pursuant to Section 19(b)(2)
of the Act,\18\ for approving the proposed rule change prior to the
30th day after the date of publication of notice in the Federal
Register. The Commission believes that good cause exists to grant
accelerated approval to proposed Supplemental Rule (a)(1), because this
proposed rule will conform the C2 rule to ISE Rule 421, NYSE Arca Rule
9.4 and FINRA Rule 2251, which were published for public comment in the
Federal Register and approved by the Commission, and for which no
comments were received.\19\ Because proposed Supplemental Rule (a)(1)
is substantially similar to the ISE, NYSE Arca and FINRA rules, it
raises no new regulatory issues.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(2).
    \19\ See supra notes 9 and 12.
---------------------------------------------------------------------------

    The Commission also believes that good cause exists to grant
accelerated approval to proposed Supplemental Rule (a)(2), which
conforms the C2 rules to the requirements of Section 6(b)(10) of the
Act. Section 6(b)(10) of the Act, enacted under Section 957 of the
Dodd-Frank Act, does not provide for a transition phase, and requires
rules of national securities exchanges to prohibit broker voting on the
election of a member of the board of directors of an issuer (except for
a vote with respect to the uncontested election of a member of the
board of directors of any investment company registered under the
Investment Company Act of 1940), executive compensation, or any other
significant matter, as determined by the Commission by rule. The
Commission believes that good cause exists to grant accelerated
approval to proposed Supplemental Rule (a)(2), because it will conform
the C2 rule to the requirements of Section 6(b)(10) of the Act.

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\20\ that the proposed rule change (SR-C2-2011-005) be, and it
hereby is, approved on an accelerated basis.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-3983 Filed 2-22-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 230 (Wednesday, November 30, 2016)]
[Notices]
[Page 86326]
[FR Doc No: 2016-28766]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER17-382-000]

CED Ducor Solar 1, 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
CED Ducor Solar 1, 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 December 12, 2016.
    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 Web site 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: November 22, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-28766 Filed 11-29-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 240 (Wednesday, December 14, 2016)]
[Proposed Rules]
[Pages 90294-90295]
[FR Doc No: 2016-29896]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 79 and 80

[EPA-HQ-OAR-2016-0041; FRL-9956-44-OAR]
RIN 2060-AS66

Notice of Data Availability Concerning the Renewables Enhancement
and Growth Support Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability.

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

SUMMARY: This Notice provides an opportunity to comment on new
information that pertains to the proposed provisions for ethanol flex
fuel contained in the Renewables Enhancement and Growth Support (REGS)
rule which was published in the Federal Register on November 16, 2016.
The new information is contained in the report titled ``Property
Analysis of Ethanol--Natural Gasoline--BOB Blends to Make Flex Fuel''
that has been placed in the public docket for this action. In the
proposed REGS rule, the EPA proposed volatility standards for ethanol
flex fuel (EFF) to prevent excessive evaporative emissions that could
adversely affect the emissions control systems of flexible fuel
vehicles (FFVs) and human health. The EPA proposed a fuel volatility
compliance tool for use by regulated entities to demonstrate compliance
with the proposed volatility standards for EFF. The new information
being made available by this notice indicates that the proposed
compliance tool may need to be modified to adequately estimate the
volatility of EFF when natural gasoline is used as a blendstock.

DATES: Comments. Comments must be received on or before January 17,
2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2016-0041, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or withdrawn from
Regulations.gov. The 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. The 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, 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: Julia MacAllister, Assessment and
Standards Division, Office of Transportation and Air Quality,
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI
48105; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
Outline of This Preamble

I. General Information
    A. Does this action apply to me?
    B. What is the Agency's authority for taking this action?
II. Request for Comment
    A. Background
    B. Potential Changes to the Proposed Ethanol Flex Fuel
Volatility Compliance Tool

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action relates to provisions in a previously promulgated
Proposed Rule that would potentially affect companies involved with the
production, distribution, and sale of blends of ethanol and gasoline.
Potentially regulated categories include:

------------------------------------------------------------------------
                                                 Examples of potentially
         Category             NAICS \1\ code        affected entities
------------------------------------------------------------------------
Industry.................  211112.............  Natural gas liquids
                                                 extraction and
                                                 fractionation.
Industry.................  211112, 324110.....  Ethanol denaturant
                                                 manufacturers.
Industry.................  324110.............  Petroleum refineries
                                                 (including importers).
Industry.................  325110.............  Butane and pentane
                                                 manufacturers.
Industry.................  325193.............  Ethyl alcohol
                                                 manufacturing.
Industry.................  424710, 424720.....  Petroleum Bulk Stations
                                                 and Terminals;
                                                 Petroleum and Petroleum
                                                 Products Wholesalers.

Industry.................  447110, 447190.....  Fuel Retailers.
Industry.................  454310.............  Other fuel dealers.
Industry.................  486910.............  Natural gas liquids
                                                 pipelines, refined
                                                 petroleum products
                                                 pipelines.
Industry.................  493190.............  Other warehousing and
                                                 storage--bulk petroleum
                                                 storage.
------------------------------------------------------------------------
\1\ 2012 North American Industry Classification System (NAICS).

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that the EPA is now
aware could potentially be regulated by this action. Other types of
entities not listed in the table could also be regulated. To determine
whether your entity is regulated by this action, you should carefully
examine the applicability criteria in the referenced regulations. If
you have any questions regarding the applicability of this action to a
particular entity, consult the person listed in the FOR FURTHER
INFORMATION CONTACT section.

B. What is the Agency's authority for taking this action?

    This action is issued under the authority of CAA sections 208, 211
and 301.

II. Request for Comment

A. Background

    In the Renewables Enhancement and Growth Support (REGS) Rule,\1\
EPA is proposing enhancements to its Renewable Fuel Standards (RFS)
program and other related fuel regulations to support market growth of
ethanol and other renewable fuels in the U.S. These proposed changes
will provide the opportunity for increasing the production and use of
renewable fuels by allowing the market to operate in the most efficient
and economical way to introduce greater volumes of renewable fuels
under the program. The proposed provisions for ethanol flex fuel (EFF)
\2\ in the REGS rule would provide additional flexibility to use
natural gasoline as an EFF blendstock while maintaining the
environmental performance of these fuels. The use of lower cost natural
gasoline to make EFF may reduce the price to consumers of these fuels,
thereby encouraging the use of additional ethanol and furthering the
goals for the RFS program.
---------------------------------------------------------------------------

    \1\ 81 FR 80828, November 16, 2016.
    \2\ In the REGS rule, EPA is proposing that all EFF blends that
contain 16 to 83 volume percent ethanol (E16-E83) would be subject
to the same set of regulatory controls rather than continuing to
treat E16-E50 blends as gasoline. E85 is a trade name that has
historically been used for blends that contain 51 to 83 volume
percent ethanol (E51-E83).
---------------------------------------------------------------------------

B. Request for Comment

    To support the use of natural gasoline as an EFF blendstock while
meeting the EPA's evaporative emission control and public health
protection goals, the EPA proposed that a fuel volatility compliance
tool could be used to demonstrate compliance with the proposed
volatility standards for EFF. The proposed compliance tool was based on
a fuel volatility model that was developed using data on the volatility
of gasoline--ethanol fuel blends.\3\ This fuel volatility model, which
is well accepted by industry, is used to estimate the volatility of
ethanol blends made with gasoline and/or blendstock for oxygenate
blending.\4\ At proposal, we explained why we believed that the
proposed compliance tool would also be a satisfactory means of
estimating ethanol blend volatility when natural gasoline is used as a
blendstock even though we only had limited data that evaluated its
suitability for this purpose. In sum, we reasoned that blendstock for
oxygenate blending and natural gasoline blend linearly and would thus,
behave as a single component in compliance tool calculations. The
report that this notice adds to the docket for the REGS proposed rule,
and for which we seek public comment, contains the results of a test
program that compares empirical data on E51-83 blend volatility when
natural gasoline is used as a blendstock to the volatility estimated by
the proposed compliance tool.\5\ These test data in this report
indicate that the proposed compliance tool may significantly
underestimate the volatility of some higher level ethanol blends when
natural gasoline is used as a blendstock. These data, therefore,
contradict the assumption that blendstock for oxygenate blending and
natural gasoline blend linearly and behave as a single component in
compliance tool calculations. The report also suggests that other
aspects of the final blend may need to be taken into account for the
compliance tool to provide a satisfactory estimate of ethanol blend
volatility when natural gasoline is used as a blendstock. The EPA
requests comment on all aspects of this report and the proposed fuel
volatility compliance tool as well as how it might be modified to
better estimate the effect of natural gasoline on the volatility of
ethanol fuel blends. The EPA will consider the information contained in
the report made available by this notice and the resulting public
comments from this notice in developing a final rule from the REGS
proposed rule.
---------------------------------------------------------------------------

    \3\ SAE technical paper 2007-01-4006, ``A Model for Estimating
Vapor Pressures of Commingled Ethanol Fuels,'' Sam R. Reddy. See the
discussion in Section IV.F.3. of the REGS proposed rule beginning on
page 81 FR 80867.
    \4\ A blendstock for oxygenate blending (BOB) is formulated to
manufacture compliant gasoline after the addition of ethanol.
    \5\ Property Analysis of Ethanol--Natural Gasoline--BOB Blends
to Make Flex Fuel, National Renewable Energy Laboratory (NREL)
technical report 5400-67243, November 2016.

    Dated: December 1, 2016.
Christopher Grundler,
Director, Office of Transportation and Air Quality.
[FR Doc. 2016-29896 Filed 12-13-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 215 (Tuesday, November 8, 2022)]
[Rules and Regulations]
[Pages 67354-67359]
[FR Doc No: 2022-24289]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0672; Project Identifier MCAI-2020-01606-T;
Amendment 39-22228; AD 2022-23-01]
RIN 2120-AA64

Airworthiness Directives; De Havilland Aircraft of Canada Limited
(Type Certificate Previously Held by Bombardier, Inc.) Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-04-
20, which applied to certain De Havilland Aircraft of Canada Limited
Model DHC-8-400 series airplanes. AD 2020-04-20 required repetitive
inspections of certain parts for discrepancies that meet specified
criteria, and replacement as necessary; repetitive inspections of
certain parts for damage and wear, and rework of parts; and electrical
bonding checks of certain couplings. AD 2020-04-20 also required
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. For
certain airplanes, AD 2020-04-20 allowed a modification that terminates
the repetitive inspections. This AD continues to require the actions in
AD 2020-04-20, revises the applicability by adding airplanes, and
requires, for certain airplanes, the previously optional rework and
retrofit of certain parts of the fuel system. Doing the rework and
retrofit terminates the retained initial and repetitive inspections in
this AD. This AD was prompted by reports of wear on fuel couplings,
bonding springs, and sleeves as well as fuel tube end ferrules and fuel
component end ferrules, and by a determination that a more robust
lightning ignition protection design is necessary. The FAA is issuing
this AD to address the unsafe condition on these products.

DATES: This AD is effective December 13, 2022.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of May 4, 2020
(85 FR 17473, March 30, 2020).

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-0672; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

Material Incorporated by Reference

     For service information identified in this final rule,
contact De Havilland Aircraft of Canada Limited, Dash 8 Series Customer
Response Centre, 5800 Explorer Drive, Mississauga, Ontario, L4W 5K9,
Canada; telephone North America (toll-free):<PHONE_NUMBER>, Direct: 647-
277-5820; email dehavilland.com">[email protected]dehavilland.com; website dehavilland.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov under Docket No. FAA-2022-0672.

FOR FURTHER INFORMATION CONTACT: Joseph Catanzaro, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2020-04-20, Amendment 39-19857 (85 FR
17473, March 30, 2020) (AD 2020-04-20). AD 2020-04-20 applied to
certain De Havilland Aircraft of Canada Limited Model DHC-8-400 series
airplanes. AD 2020-04-20 required repetitive inspections of certain
parts for discrepancies that meet specified criteria, and replacement
as necessary; repetitive inspections of certain parts for damage and
wear, and rework of parts; and electrical bonding checks of certain
couplings. AD 2020-04-20 also required revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations. For certain airplanes, AD
2020-04-20 allowed a modification that terminated the repetitive
inspections. The FAA issued AD 2020-04-20 to address wear on fuel
couplings, bonding springs, and sleeves as well as fuel tube end
ferrules and fuel component end ferrules, which could reduce the
integrity of the electrical bonding paths through the fuel line and
components, and ultimately lead to fuel tank ignition in the event of a
lightning strike.
    The NPRM published in the Federal Register on June 9, 2022 (87 FR
35128). The NPRM was prompted by AD CF-2017-04R3, dated April 1, 2020,
issued by Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada (referred to after this as the MCAI). The MCAI
states that wear has been detected on fuel couplings, bonding springs,
and sleeves as well as fuel tube end ferrules and fuel component end
ferrules. The MCAI also states that a more robust lightning ignition
protection design is necessary. The MCAI states that such wear could
reduce the integrity of the electrical bonding paths through the fuel
line and components, and ultimately lead to fuel tank ignition in the
event of a lightning strike.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-0672.
    In the NPRM, the FAA proposed to continue to require the actions in
AD 2020-04-20, revise the applicability by adding airplanes, and
require, for certain airplanes, the previously optional rework and
retrofit of certain parts of the fuel system.
    The FAA issued a supplemental notice of proposed rulemaking (SNPRM)
to amend 14 CFR part 39 to supersede AD 2020-04-20. The SNPRM published
in the Federal Register on August 31, 2022 (87 FR 53424) (the SNPRM).
The SNPRM was prompted by the FAA's determination that the NPRM
inadvertently limited the proposed new terminating rework and retrofit
to airplanes that had accomplished certain service information. In
addition, the FAA determined that the optional terminating action
specified in AD 2020-04-20, and corresponding credit, should be carried
over to this AD. In the SNPRM, the FAA proposed to continue to require
the actions in AD 2020-04-20, revise the applicability by adding
airplanes, and require, for certain airplanes, the previously optional
rework and retrofit of certain parts of the fuel system. The FAA is
issuing this AD to address the unsafe condition on these products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association,
International (ALPA) who supported the SNPRM without change.

Conclusion

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comment received, and determined that air safety requires adopting this
AD as proposed. Accordingly, the FAA is issuing this AD to address the
unsafe condition on this product. Except for

minor editorial changes, this AD is adopted as proposed in the SNPRM.
None of the changes will increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    This AD requires the following service information, which the
Director of the Federal Register approved for incorporation by
reference as of May 4, 2020 (85 FR 17473, March 30, 2020).
     Bombardier Service Bulletin 84-28-20, Revision D, dated
November 23, 2018.
     Bombardier Service Bulletin 84-28-21, Revision C, dated
July 13, 2018.
     Bombardier Service Bulletin 84-28-26, Revision A, dated
November 29, 2018.
     Q400 Dash 8 (Bombardier) Temporary Revision ALI-0192,
dated April 24, 2018.
     Q400 Dash 8 (Bombardier) Temporary Revision ALI-0193,
dated April 24, 2018.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 54 airplanes of U.S.
registry.
    The FAA estimates the following costs to comply with this AD:

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                     Labor cost         Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2020-04- 268 work-hours x $85               $0  $22,780............  $1,230,120.
 20.                               per hour = $22,780.
New actions.....................  Up to 1,747                    87,385  Up to $235,880.....  Up to $12,737,520.
                                   work[dash]hours x
                                   $85 per hour = Up to
                                   $148,495.
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for revising the existing maintenance or inspection program.

    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the FAA recognizes that this number may vary from operator to
operator. In the past, the FAA has estimated that this action takes 1
work-hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates the total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2020-04-20, Amendment 39-19857
(85 FR 17473, March 30, 2020); and
0
b. Adding the following new AD:

2022-23-01 De Havilland Aircraft of Canada Limited (Type Certificate
previously held by Bombardier, Inc.): Amendment 39-22228; Docket No.
FAA-2022-0672; Project Identifier MCAI-2020-01606-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 13,
2022.

(b) Affected ADs

    This AD replaces AD 2020-04-20, Amendment 39-19857 (85 FR 17473,
March 30, 2020) (AD 2020-04-20).

(c) Applicability

    This AD applies to De Havilland Aircraft of Canada Limited Model
DHC-8-400, -401, and -402 airplanes, certificated in any category,
manufacturer serial numbers 4001 and 4003 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by reports of wear on fuel couplings,
bonding springs, and sleeves as well as fuel tube end ferrules and
fuel component end ferrules, and by a determination that a more
robust lightning ignition protection design is necessary. The FAA is
issuing this AD to address such wear, which could reduce the
integrity of the electrical bonding paths through the fuel line and
components, and ultimately lead to fuel tank ignition in the event
of a lightning strike.

(f) Compliance

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

(g) Retained Initial Inspection Compliance Times, With New Terminating
Action

    This paragraph restates the requirements of paragraph (g) of AD
2020-04-20, with new terminating action. For airplanes having serial
numbers 4001 and 4003 through 4575 inclusive that, as of May 4, 2020
(the effective date of AD 2020-04-20), have not done the actions
specified in Bombardier Service Bulletin 84-28-21: At the applicable
times specified in paragraph (g)(1) or (2) of this AD, do the
actions specified in paragraphs (h)(1) and (2) of this AD.
Accomplishing the terminating action required by paragraph (p) of
this AD terminates the initial inspection required by this
paragraph.
    (1) For all airplanes except those identified in paragraph
(g)(2) of this AD: Within 6,000 flight hours or 36 months, whichever
occurs first after May 4, 2020 (the effective date of AD 2020-04-
20).
    (2) For airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued on or after May
4, 2020 (the effective date of AD 2020-04-20): Within 6,000 flight
hours or 36 months, whichever occurs first after the date of
issuance of the original airworthiness certificate or the date of
issuance of the original export certificate of airworthiness.

(h) Retained Repetitive Inspections and Corrective Actions, With New
Terminating Action

    This paragraph restates the requirements of paragraph (h) of AD
2020-04-20, with new terminating action. For airplanes having serial
numbers 4001 and 4003 through 4575 inclusive that, as of May 4, 2020
(the effective date of AD 2020-04-20), have not done the actions
specified in Bombardier Service Bulletin 84-28-21: At the applicable
times specified in paragraph (g)(1) or (2) of this AD, do the
actions specified in paragraphs (h)(1) and (2) of this AD. Repeat
the actions thereafter at intervals not to exceed 6,000 flight hours
or 36 months, whichever occurs first. Accomplishing the terminating
action required by paragraph (p) of this AD terminates the
repetitive inspections required by this paragraph.
    (1) Do a detailed inspection of the clamshell coupling bonding
wires, fuel couplings, and associated sleeves for discrepancies that
meet specified criteria, as identified in, and in accordance with,
paragraph 3.B., ``Procedure,'' of the Accomplishment Instructions of
Bombardier Service Bulletin 84-28-20, Revision D, dated November 23,
2018. If any conditions are found meeting the criteria specified in
Bombardier Service Bulletin 84-28-20, Revision D, dated November 23,
2018, before further flight, replace affected parts with new
couplings and sleeves of the same part number, in accordance with
paragraph 3.B., ``Procedure,'' of the Accomplishment Instructions of
Bombardier Bulletin 84-28-20, Revision D, dated November 23, 2018.
    (2) Do a detailed inspection of the fuel tube end ferrules, fuel
component end ferrules, and ferrule O-ring flanges for damage and
wear, and rework (repair, replace, or blend, as applicable) the
parts, in accordance with paragraph 3.B., ``Procedure,'' of the
Accomplishment Instructions of Bombardier Service Bulletin 84-28-20,
Revision D, dated November 23, 2018.

(i) Retained Optional Terminating Action for Repetitive Inspections
With No Changes

    This paragraph restates the requirements of paragraph (i) of AD
2020-04-20, with no changes. For airplanes having serial numbers
4001 and 4003 through 4575 inclusive: Doing a detailed inspection of
the fuel tube end ferrules, fuel component end ferrules, and ferrule
O-ring flanges for damage and wear, and reworking (repair, replace,
or blend, as applicable) the parts; and doing a retrofit (structural
rework) of the fuel couplings, isolators, and structural provisions,
in accordance with paragraph 3.B., ``Procedure,'' of the
Accomplishment Instructions of Bombardier Service Bulletin 84-28-21,
Revision C, dated July 13, 2018, terminates the inspections
specified in paragraphs (h)(1) and (2) of this AD.

(j) Retained Electrical Bonding Checks/Detailed Inspection, With No
Changes

    This paragraph restates the requirements of paragraph (j) of AD
2020-04-20, with no changes. For airplanes having serial numbers
4001, 4003 through 4489 inclusive, and 4491 through 4575 inclusive
that, as of May 4, 2020 (the effective date of AD 2020-04-20), have
done the actions specified in Bombardier Service Bulletin 84-28-21,
Revision A, dated September 29, 2017; and airplanes having serial
numbers 4576 through 4581 inclusive: Within 6,000 flight hours or 36
months after May 4, 2020, whichever occurs first, do the actions
specified in paragraph (j)(1) or (2) of this AD.
    (1) Accomplish electrical bonding checks of all threaded
couplings on the inboard vent lines in the left and right wings, in
accordance with paragraph 3.B., ``Procedure,'' of the Accomplishment
Instructions of Bombardier Service Bulletin 84-28-26, Revision A,
dated November 29, 2018.
    (2) Do a detailed inspection of the fuel tube end ferrules, fuel
component end ferrules, and ferrule O-ring flanges for damage and
wear, and rework (repair, replace, or blend, as applicable) the
parts; and a retrofit (structural rework) of the fuel couplings,
isolators, and structural provisions; in accordance with paragraph
3.B., ``Procedure,'' of the Accomplishment Instructions of
Bombardier Service Bulletin 84-28-21, Revision C, dated July 13,
2018.

(k) Retained Revision of the Existing Maintenance or Inspection
Program, With No Changes

    This paragraph restates the requirements of paragraph (k) of AD
2020-04-20, with no changes. Within 30 days after May 4, 2020 (the
effective date of AD 2020-04-20), revise the existing maintenance or
inspection program, as applicable, to incorporate the information
specified in Q400 Dash 8 (Bombardier) Temporary Revision ALI-0192,
dated April 24, 2018; and Q400 Dash 8 (Bombardier) Temporary
Revision ALI-0193, dated April 24, 2018. Except as specified in
paragraph (l) of this AD, the initial compliance time for doing the
tasks in Q400 Dash 8 (Bombardier) Temporary Revision ALI-0192, dated
April 24, 2018, is at the time specified in Q400 Dash 8 (Bombardier)
Temporary Revision ALI-0192, dated April 24, 2018, or within 30 days
after May 4, 2020, whichever occurs later.

(l) Retained Initial Compliance Time for Task 284000-419, With No
Changes

    This paragraph restates the requirements of paragraph (l) of AD
2020-04-20, with no changes. The initial compliance time for task
284000-419 is at the time specified in paragraph (l)(1) or (2) of
this AD, as applicable, or within 30 days after May 4, 2020 (the
effective date of AD 2020-04-20), whichever occurs later.
    (1) For airplanes having serial numbers 4001 and 4003 through
4575 inclusive: Within 18,000 flight hours or 108 months, whichever
occurs first, after the earliest date of embodiment of Bombardier
Service Bulletin 84-28-21 on the airplane.
    (2) For airplanes having serial numbers 4576 and subsequent:
Within 18,000 flight hours or 108 months, whichever occurs first,
from the date of issuance of the original airworthiness certificate
or original export certificate of airworthiness.

(m) Retained No Alternative Actions, Intervals, or Critical Design
Configuration Control Limitations (CDCCLs), With No Changes

    This paragraph restates the requirements of paragraph (m) of AD
2020-04-20, with no changes. After the existing maintenance or
inspection program has been revised as required by paragraph (k) of
this AD, no alternative actions (e.g., inspections), intervals, or
CDCCLs may be used unless the actions, intervals, and CDCCLs are
approved as an alternative method of compliance (AMOC) in accordance
with the procedures specified in paragraph (r)(1) of this AD.

(n) Retained No Reporting Provisions, With No Changes

    This paragraph restates the provisions of paragraph (n) of AD
2020-04-20, with no changes. Although Bombardier Service Bulletin
84-28-20, Revision D, dated November 23, 2018, specifies to submit
certain information to the manufacturer, this AD does not include
that requirement.

(o) Retained Credit for Previous Actions, With No Changes

    (1) This paragraph restates the provisions of paragraph (o) of
AD 2020-04-20, with no changes. This paragraph provides credit for
the actions required by paragraphs (h)(1) and (2) of this AD, if
those actions were performed before May 4, 2020 (the effective date
of AD 2020-04-20), using the service information specified in
paragraph (o)(1)(i) through (iii) of this AD.
    (i) Bombardier Service Bulletin 84-28-20, Revision A, dated
December 14, 2016.
    (ii) Bombardier Service Bulletin 84-28-20, Revision B, dated
February 13, 2017.
    (iii) Bombardier Service Bulletin 84-28-20, Revision C, dated
April 28, 2017.

    (2) For the airplane having serial number 4164, this paragraph
provides credit for the initial inspections required by paragraphs
(h)(1) and (2) of this AD, if those actions were performed before
May 4, 2020 (the effective date of AD 2020-04-20), using Bombardier
Service Bulletin 84-28-20, dated September 30, 2016.
    (3) This paragraph provides credit for the actions specified in
paragraph (i) of this AD if those actions were performed before May
4, 2020 (the effective date of AD 2020-04-20), using the service
information specified in paragraph (o)(3)(i) through (iii) of this
AD.
    (i) Bombardier Service Bulletin 84-28-21, dated August 31, 2017.
    (ii) Bombardier Service Bulletin 84-28-21, Revision A, dated
September 29, 2017.
    (iii) Bombardier Service Bulletin 84-28-21, Revision B, dated
June 8, 2018.
    (4) This paragraph provides credit for the actions required by
paragraph (j)(1) of this AD if those actions were performed before
May 4, 2020 (the effective date of AD 2020-04-20), using Bombardier
Service Bulletin 84-28-26, dated August 14, 2018.
    (5) This paragraph provides credit for the actions required by
paragraph (j)(2) of this AD if those actions were performed before
May 4, 2020 (the effective date of AD 2020-04-20), using Bombardier
Service Bulletin 84-28-21, Revision B, dated June 8, 2018.
    (6) For airplanes having serial numbers 4001, 4003 through 4489
inclusive, and 4491 through 4575 inclusive, and that are post
Bombardier Service Bulletin 84-28-21, Revision A, dated September
29, 2017: This paragraph provides credit for the actions required by
paragraph (j) of this AD if those actions were performed before May
4, 2020 (the effective date of AD 2020-04-20), using the service
information specified in paragraph (o)(6)(i) or (ii) of this AD.
    (i) Bombardier Modification Summary Package (ModSum)
IS4Q2800032, dated February 1, 2018.
    (ii) Any airworthiness limitation change request (ACR) specified
in figure 1 to paragraph (o)(6)(ii) of this AD.
[GRAPHIC] [TIFF OMITTED] TR08NO22.000

(p) New Rework and Retrofit

    For airplanes having serial numbers 4001 and 4003 through 4575
inclusive: At the applicable time specified in paragraph (p)(1) or
(2) of this AD, rework (repair, replace, or blend, as applicable)
the parts (fuel tube end ferrules, fuel component end ferrules, and
ferrule O-ring flanges); and do a retrofit (structural rework) of
the fuel couplings, isolators, and structural provisions; in
accordance with Part B of paragraph 3.B., ``Procedure,'' of the
Accomplishment Instructions of Bombardier Service Bulletin 84-28-21,
Revision C, dated July 13, 2018. Accomplishing these actions
terminates the initial and repetitive inspections required by
paragraphs (g) and (h) of this AD.
    (1) For airplanes with greater than 20,000 total flight hours as
of the effective date of this AD: Do the actions within 6,000 flight
hours or 36 months after the effective date of this AD, whichever
occurs first.
    (2) For airplanes with less than or equal to 20,000 total flight
hours as of the effective date of this AD: Do the actions within
8,000 flight hours or 48 months after the effective date of this AD,
whichever occurs first.

(q) New Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraph (p) of this AD, if those actions were performed before the
effective date of this AD using the service information specified in
paragraph (q)(1), (2), or (3) of this AD.
    (1) Bombardier Service Bulletin 84-28-21, dated August 31, 2017.
    (2) Bombardier Service Bulletin 84-28-21, Revision A, dated
September 29, 2017.
    (3) Bombardier Service Bulletin 84-28-21, Revision B, dated June
8, 2018.

(r) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the New York ACO
Branch, mail it to ATTN: Program Manager, Continuing Operational
Safety, at the address identified in paragraph (s)(2) of this AD or
email to: [email protected]. If mailing information, also
submit information by email. Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or De
Havilland Aircraft of Canada Limited's TCCA Design Approval
Organization (DAO). If approved by the DAO,

the approval must include the DAO-authorized signature.

(s) Additional Information

    (1) Refer to TCCA AD CF-2017-04R3, dated April 1, 2020, for
related information. This TCCA AD may be found in the AD docket at
regulations.gov under Docket No. FAA-2022-0672.
    (2) For more information about this AD, contact Joseph
Catanzaro, Aerospace Engineer, Airframe and Propulsion Section, FAA,
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; email [email protected].
    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (t)(4) and (5) of this AD.

(t) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
May 4, 2020 (85 FR 17473, March 30, 2020).
    (i) Bombardier Service Bulletin 84-28-20, Revision D, dated
November 23, 2018.
    (ii) Bombardier Service Bulletin 84-28-21, Revision C, dated
July 13, 2018.
    (iii) Bombardier Service Bulletin 84-28-26, Revision A, dated
November 29, 2018.
    (iv) Bombardier Q400 Dash 8 (Bombardier) Temporary Revision ALI-
0192, dated April 24, 2018.
    (v) Q400 Dash 8 (Bombardier) Temporary Revision ALI-0193, dated
April 24, 2018.
    (4) For service information identified in this AD, contact De
Havilland Aircraft of Canada Limited, Dash 8 Series Customer
Response Centre, 5800 Explorer Drive, Mississauga, Ontario, L4W 5K9,
Canada; telephone North America (toll-free):<PHONE_NUMBER>, Direct:
647-277-5820; email dehavilland.com">[email protected]dehavilland.com; website dehavilland.com.
    (5) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (6) 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 October 25, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-24289 Filed 11-7-22; 8:45 am]
BILLING CODE 4910-13-P


Proposal by the Southwest Clean Air Agency (SWCAA) for SIP Update of SWCAA 491

Background
The version of SWCAA 491 that is incorporated into the Washington SIP (dated November 21, 1996) requires Stage II vapor recovery as follows:

   SWCAA 491-040(5)(a) " This section shall apply to the refueling of motor vehicles for the general public from stationary tanks at all gasoline dispensing facilities located in Cowlitz, Lewis, and Wahkiakum Counties with an annual gasoline throughput greater than one million two hundred thousand gallons (1,200,000). For Clark County, this section shall apply to gasoline dispensing facilities with an annual gasoline throughput greater than six hundred thousand gallons (600,000); these facilities shall install Stage II controls by December 31, 1998 or at the time of a facility upgrade (see definition). Skamania County is exempt from Stage II requirements as provided in RCW 70.94.165.

The current version of SWCAA 491-040 (effective February 7, 2020) differs in a number of important ways:
 Stage II vapor recovery is not required for new installations.
 For stations with Stage II vapor recovery systems that are not compatible with onboard refueling vapor recovery (ORVR), the Stage II systems must either be removed or upgraded to be ORVR-compatible by January 1, 2023.
 All Stage I nozzles must be enhanced conventional nozzles no later than January 1, 2023.
 All gasoline dispensing hoses that carry liquid fuel against the outermost hose wall at a gasoline dispensing facility with greater than 1,400,000 gallons annual gasoline throughput on a calendar year basis shall permeate no more than 10.0 grams per square meter per day, as determined by Underwriters Laboratories' Standard 330, by no later than January 1, 2023.
 All stations with a gasoline throughput of more than 200,000 gallons per year in Clark County, or 360,000 gallons per year in Cowlitz, Lewis, Skamania or Wahkiakum Counties must conduct the following testing:
Test
Frequency
CARB Test Procedure 201.3 (TP-201.3) "Determination of 2 Inch w.c. Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities"
Annually
CARB Test Procedure 201.1B (TP-201.1B) "Static Torque of Rotatable Phase I Adaptors"
Annually
Depending on the system configuration, either Test Procedure 201.1C (TP-201.1C) "Leak Rate of Drop Tube/Drain Valve Assembly" or Test Procedure 201.1D (TP-201.1D) "Leak Rate of Drop Tube Overfill Prevention Devices and Spill Container Drain Valves."
Annually
CARB Test Procedure 201.1E (TP-201.1E) "Leak Rate and Cracking Pressure of Pressure/Vacuum Vent Valves" adopted October 8, 2003
Every 3 calendar years
      Previously, these tests were only required when incorporated into the facility's Air Discharge Permit.  Some grandfathered facilities were not subject to any testing.

With the increasing penetration of onboard refueling vapor recovery (ORVR) in the motor vehicle fleet, the control of refueling emissions by Stage II vapor recovery systems at the refueling facilities is becoming unnecessary for ORVR-compatible systems, and counter-productive for incompatible vacuum-style systems.  Leaving Stage II vapor recovery systems in place that are not compatible with vehicles equipped with ORVR will result in increased emissions ("incompatibility excess emissions") from those facilities.  These increases would eventually exceed the benefit of the Stage II vapor recovery program overall.  Balance-style Stage II vapor recovery systems and ORVR-compatible vacuum-assist Stage II vapor recovery systems, if operating properly, would provide a diminishing benefit as the ORVR fleet penetration increases.

Calculating Methodology
SWCAA calculated the impact of the removing Stage II vapor requirements consistent with EPA's August 7, 2012, guidance labeled "Guidance on Removing Stage II Gasoline Vapor Control Programs from State Implementation Plans and Assessing Comparable Measures."

SWCAA calculated the impact of the new requirement to install enhanced conventional nozzles as follows:
 For each facility without Stage II vapor recovery, the total gasoline throughput in 2019 was multiplied by the difference in emission factors for conventional and enhanced conventional nozzles.  SWCAA used the following emission factors:
 A factor of 0.61 lb/1,000 gallons dispensed for conventional nozzles; and
 A factor of 0.24 lb/1,000 gallons dispensed for enhanced conventional nozzles.
 For each facility with Stage II vapor recovery, the total gasoline throughput in 2019 was multiplied by the difference in emission factors for Stage II and enhanced conventional nozzles.  SWCAA used the following emission factors:
 A factor of 0.42 lb/1,000 gallons dispensed for Stage II nozzles; and
 A factor of 0.24 lb/1,000 gallons dispensed for enhanced conventional nozzles.
      For any facility that choses to retain, or upgrade to, ORVR-compatible Stage II vapor recovery, the impact of the additional Stage II controls more than offsets the difference in the nozzle emission factors until more than 98.5% of the fuel is dispensed to ORVR vehicles.

SWCAA calculated the impact of the new requirement to install low permeation hoses as follows:
 For each facility without balance-style Stage II vapor recovery and a throughput of over 1,400,000 gallons or more per year, the total gasoline throughput in 2019 was multiplied by the difference in emission factors for normal and low permeation hoses.  SWCAA used the following emission factors:
 A factor of 0.062 lb/1,000 gallons dispensed for normal hoses; and
 A factor of 0.009 lb/1,000 gallons dispensed for low permeation hoses.
      Hose permeation from balance-style hoses is relatively small because these hoses do not carry fuel (only vapor) against the outermost hose.

The nozzle and hose emission factors cited above originate from a California Air Resources (CARB) document titled "Revised Emission Factors for Gasoline Marketing Operations at California Gasoline Dispensing Facilities" dated December 23, 2013.

Calculation of ORVR Fleet Penetration
The ORVR fleet penetration was estimated conservatively from 2020 Washington Department of Licensing data.  Because this data did not identify vehicles using the same "bins" as the ORVR phase-in schedule (e.g., LDVs, LLDTs, HLDTs, HDGVs, etc.), SWCAA made the following conservative assumptions:
 Only vehicles with a vehicle use classification of "PAS" or "CAB" were classified as passenger vehicles.  "PAS" refers to a passenger vehicle.  "CAB" refers to a taxi cab.
 If the vehicle use classification was not "PAS" or "CAB" and the vehicle weight was not provided, it was conservatively classified as a heavy truck.
 If the vehicle use classification was not "PAS" or "CAB" and the vehicle weight was equal to or greater than 5,750 lbs, the vehicle was classified as a heavy truck.
 If the vehicle use classifications was not "PAS" or "CAB" and the vehicle weight was less than 5,750 lbs, the vehicle was classified as a light truck.
 Vehicles did not contain ORVR systems until the model year required by the federal regulations.
The ORVR fleet penetration values resulting from this analysis were approximately four to eight years behind the estimated national average provided by EPA's National Canister Penetration Forecast based on MOVES 2010(a) for the counties impacted by the rule change.  If the actual penetration in these counties is closer to the national average, then the changes proposed to SWCAA 491 will provide an emissions benefit that much earlier than calculated.

Results
The results of the SWCAA's impact analysis are presented in the following table.  SWCAA's analysis demonstrates that the rule provides a benefit to air quality in all counties when fully implemented in 2023.

Rule Impact Summary  -  Impact in 2023
                                    County
                                 Incrementi[1]
           Annual Emissions Impact of Removing Stage II Requirements
                            (Increment) (Tonsi)[1]
                Impact of Low Permeation Hoses and ECO Nozzles
                                    (Tons)
                           Total Rule Impact (Tons)
                                     Clark
                                     1.1%
                                     8.91
                                    -18.99
                                    -10.08
                                    Cowlitz
                                     2.1%
                                     5.63
                                     -7.48
                                     -1.85
                                     Lewis
                                     1.4%
                                     3.77
                                     -7.23
                                     -3.46
                                   Wahkiakum
                                     0.0%
                                     0.00
                                     -0.14
                                     -0.14
                                   Skamania
                                    N/A[2]
                                    N/A[2]
                                     -0.47
                                     -0.47
                                      All

                                     18.31
                                    -33.84
                                    -15.99
1 This is the amount by which the combination of the existing Stage II program combined with ORVR-equipped vehicles reduces VOC emissions when compared to the ORVR system alone.
[2] Stage II vapor recovery was not required in Skamania County and no gas stations currently utilize Stage II vapor recovery in Skamania County.

This analysis indicates that the rule change will reduce gasoline vapor emissions by 15.99 tons in 2023.  This emissions benefit will continue to increase in later years because, without the rule change, "incompatibility excess emissions" would have continued to increase as the percentage of ORVR-equipped vehicles increased.

Conclusions
The proposed changes to SWCAA 491 will provide a benefit to air quality when fully implement in 2023 and therefore will not interfere with maintenance of the National Ambient Air Quality Standards for ozone.

Calculation Details
The default values presented in "Guidance on Removing Stage II Gasoline Vapor Control Programs from State Implementation Plans and Assessing Comparable Measures" EPA-457/B-12-001 (August 7, 2012) were used except as indicated below:
 ηiuSII (Stage II vapor recovery system in-use control efficiency) = 62%.  SWCAA conducts inspections of gasoline stations on a 5-year schedule.  EPA's "Technical Guidance -- Stage II Vapor Recovery Systems for Control of Vehicle Refueling at Gasoline Dispensing Facilities Volume I: Chapters," (EPA - 450/3 - 91 - 022a, November 1991) indicates an in-use effectiveness of 62% for an inspection frequency that is less than annual.
 QSII (Fraction of highway gasoline throughput dispensed by Stage II vapor recovery systems).  SWCAA inventories the gasoline throughput of each dispensing facility each year and tracks what type of vapor recovery system (if any) is in use at each facility.  This value is from year-end 2019 data.  It was assumed that this value would also be representative of future years without a rule change.
 QSIIva (fraction of highway gasoline throughput dispensed through ORVR-incompatible Stage II vapor recovery systems).  SWCAA inventories the gasoline throughput of each dispensing facility each year and tracks what type of vapor recovery system (if any) is in use at each facility.  This value is from 2019 data and assumes that all vacuum-assist systems utilizing the Healy 800 or 900 nozzles are ORVR compatible.  For calculation purposes it was assumed that the 2019 ratio would also be representative of future years without a rule change.
 The ORVR vehicle population percentage for Clark and Cowlitz counties was determined for the end of 2020 from Washington Department of Motor Vehicles vehicle registration data.   This value was correlated to the national fleet values from Table A-1 to determine the correlating "VMT Percentage" and "Gasoline Dispensed Percentage."  The data as conservatively processed, indicates that the vehicle fleets in SWCAA's jurisdiction are older than the national average indicated in Table A-1 with respect to canister penetration.   The "Gasoline Dispensed Percentage" for each year in each county was calculated by interpolating from Table A-1 using the year matching the fleet canister penetration percentage.  For example, the "VMT Percentage" for 2020 in Clark County was determined by interpolating between the 2015 and 2016 values in Table A-1.

Attachments

 "Vancouver Portion of the Portland-Vancouver AQMA Ozone Maintenance Plan" November 2, 2006
 "Guidance on Removing Stage II Gasoline Vapor Control Programs from State Implementation Plans and Assessing Comparable Measures" EPA-457/B-12-001.  August 7, 2012
 SWCAA 491 "Emission Standards and Controls for Sources Emitting Gasoline Vapors" (local only version) February 27, 2021.
 SWCAA 491 "Emission Standards and Controls for Sources Emitting Gasoline Vapors" (SIP Approved Version) November 21, 1996.
 CARB "Revised Emission Factors for Gasoline Marketing Operations at California Gasoline Dispensing Facilities" December 23, 2013.