[Federal Register: May 6, 2010 (Volume 75, Number 87)]
[Notices]
[Page 24941]
[DOCID:fr06my10-51]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. ER10-1097-000]

PBF Power Marketing LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

April 28, 2010.
    This is a supplemental notice in the above-referenced proceeding of
PBF Power Marketing LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR Part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability, is May 18, 2010.
    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
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., 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 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 e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

 Kimberly D. Bose,
 Secretary.
[FR Doc. 2010-10634 Filed 5-5-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 246 (Tuesday, December 23, 2014)]
[Notices]
[Pages 77079-77081]
[FR Doc No: 2014-29965]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73863; File No. SR-FINRA-2014-051]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to In Concert Reporting of Options
Positions

December 17, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 11, 2014, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by FINRA. FINRA has designated
the proposed rule change as constituting a ``non-controversial'' rule
change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which
renders the proposal effective upon receipt of this filing by the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to amend Rule 2360(b)(5) regarding reporting of
options positions to codify an existing requirement that the reporting
rules apply to all accounts acting in concert, consistent with the
application of the reporting rules of the options exchanges.
    Below is the text of the proposed rule change. Proposed new
language is in italics; proposed deletions are in brackets.
* * * * *
2000. DUTIES AND CONFLICTS
* * * * *
2300. SPECIAL PRODUCTS
* * * * *
2360. Options
    (a) No Change.
    (b) Requirements
    (1) through (4) No Change.
    (5) Reporting of Options Positions
(A)(i)a. Conventional Options
    Each member shall file or cause to be filed with FINRA a report
with respect to each account in which the member has an interest, each
account of a partner, officer, director or employee of such member, and
each customer, non-member broker, or non-member dealer account, which,
acting alone or in concert, has established an aggregate position of
200 or more option contracts (whether long or short) of the put class
and the call class on the same side of the market covering the same
underlying security or index, combining for purposes of this
subparagraph long positions in put options with short positions in call
options and short

positions in put options with long positions in call options, provided,
however, that such reporting with respect to positions in conventional
index options shall apply only to an option that is based on an index
that underlies, or is substantially similar to an index that underlies,
a standardized index option.
b. Standardized Options
    Each member that conducts a business in standardized options but is
not a member of the options exchange upon which the standardized
options are listed and traded shall file or cause to be filed with
FINRA a report with respect to each account in which the member has an
interest, each account of a partner, officer, director or employee of
such member, and each customer, non-member broker, or non-member dealer
account, which, acting alone or in concert, has established an
aggregate position of 200 or more option contracts (whether long or
short) of the put class and the call class on the same side of the
market covering the same underlying security or index, combining for
purposes of this subparagraph long positions in put options with short
positions in call options and short positions in put options with long
positions in call options.
    (ii) No Change.
    (B) No Change.
    (6) through (24) No Change.
    (c) No Change.
       Supplementary Material: ----------
    .01 through .03 No Change.
* * * * *

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

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

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

1. Purpose
    FINRA Rule 2360(b)(5) requires that members file, or cause to be
filed, reports for each account that has an aggregate position of 200
or more options contracts (whether long or short) on the same side of
the market covering the same underlying security or index. These
reports are referred to as Large Options Position Reports (``LOPRs'').
All LOPRs are filed electronically and The Options Clearing Corporation
(``OCC'') currently hosts and maintains the LOPR reporting system.
FINRA Rule 2360(b)(5)(A)(i)a. sets forth the requirements for the LOPR
for conventional options.\4\ FINRA Rule 2360(b)(5)(A)(i)b. sets forth
the requirements for the LOPR for standardized options by members that
are not members of the options exchange upon which the standardized
options are listed (so called ``access members'').\5\ Among other
things, the LOPRs allow FINRA to confirm that firms have not exceeded
the options position limits set forth in FINRA Rule 2360(b)(3).\6\ The
position limit requirements are uniform across the options exchanges
and FINRA.\7\
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    \4\ FINRA Rule 2360(b)(5)(A)(i)a. provides that the reporting
requirement for conventional index options only applies to an option
that is based on an index that underlies, or is substantially
similar to an index that underlies, a standardized index option. As
a result, conventional index options based on customized indexes are
not required to be reported. See Notice to Members 07-03 (January
2007); and see also Securities Exchange Act Release No. 54755
(November 15, 2006), 71 FR 67675 (November 22, 2006) (Order
Approving File No. SR-NASD-2006-007).
    \5\ As noted below, the reporting rules are meant to be uniform
across the industry and thus FINRA's rules only require access
members to report standardized options positions to FINRA. If a firm
is a member of the options exchange on which the standardized option
trades, then the firm would report the LOPR to the exchange of which
is a member.
    \6\ FINRA Rule 2360(b)(3)(A) imposes a ceiling or position limit
on the number of conventional and standardized equity options
contracts in each class on the same side of the market (i.e.,
aggregating long calls and short puts or long puts and short calls)
that can be held or written by a firm, a person associated with a
firm, or a customer acting alone or in concert with others.
    \7\ See, e.g., CBOE Rule 4.11, ISE Rule 412 and NYSE Arca
Options Rule 6.8. The standards for the calculation of position
limits for a particular underlying security are the same across the
options exchanges.
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    The position limit rules require that all accounts acting in
concert, by the same individual or entity, must be aggregated to ensure
position limit compliance. Accordingly, the position report should also
be based on when accounts acting in concert exceeds the 200 contract
threshold. This would ensure the report is accurately capturing the
entire position to monitor for position limit purposes. The options
exchanges and FINRA acting through the Intermarket Surveillance Group
(the ``ISG'') outlined this requirement in a May 1, 1991 Notice.\8\ In
addition, the LOPR Frequently Asked Questions (``FAQs'') maintained on
the OCC's site that are updated by the ISG members, including FINRA,
outline the requirement that the ``[m]embers must report any account or
accounts acting ``in concert'' that hold over 200 contracts on either
the long call/short put (bullish) or the short call/long put (bearish)
side of the market.'' \9\ Like the position limit rules, the reporting
rules and requirements are meant to be uniform across the industry.
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    \8\ See ISG Important Notice, Large Options Position Report
(LOPR)/Mandatory Automated Reporting Requirement Notice dated May 1,
1991 (``ISG Notice'').
    \9\ See Large Options Positions Reporting (LOPR) Frequently
Asked Questions (FAQs), FAQ #24 available at http://www.optionsclearing.com/components/docs/clearing/industry-services/lopr/lopr_faqs.pdf.
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    Certain options exchanges rules are explicit about the requirement
to report a position whether acting alone or in concert,\10\ while
FINRA and other options exchanges rules have by interpretation and
relying on the ISG Notice and LOPR FAQs required firms to report such
information. FINRA proposes to amend Rule 2360(b)(5)(A)(i)a. and b.\11\
to codify the existing requirement that members must report each
account in which the member has an interest, each account of a partner,
officer, director or employee of such member, and each customer, non-
member broker, or non-member dealer account which, acting alone or in
concert, has established an aggregate position of 200 or more option
contracts. FINRA believes that firms are already complying with this
requirement as it has been a stated FINRA interpretation since May
1991. FINRA believes that harmonizing its rule with those options
exchanges rules that are explicit about the in concert requirement will
clarify firms reporting requirements and ensure continued consistency
in monitoring for position limits.
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    \10\ See BATS Rule 18.10(a), CBOE Rule 4.13(a), NYSE Arca Rule
6.6(a), and NASDAQ OMX PHLX Rule 1003(a).
    \11\ FINRA proposes to harmonize the reporting provision with
the options exchanges for standardized options and clarify the
requirement for conventional options to similarly ensure the report
is accurately capturing the entire position to monitor for position
limit purposes.
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    FINRA has filed the proposed rule change for immediate
effectiveness and has requested that the SEC waive the requirement that
the proposed rule change not become operative for 30 days after the
date of the filing, so FINRA can implement the proposed rule change
immediately.

2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\12\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that clarifying that members must
report options position reports for accounts of members, each account
of a partner, officer, director or employee of such member, and each
customer, non-member broker, or non-member dealer acting alone or in
concert with others is necessary to fully and effectively monitor
compliance with the position limit requirements, which are based on
similar standards. In addition, FINRA believes that the proposed rule
change will promote consistent regulation by harmonizing FINRA's rules
with those of the options exchanges.
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    \12\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. FINRA believes that clarifying
that members must report options position reports for accounts of
members, each account of a partner, officer, director or employee of
such member, and each customer, non-member broker, or non-member dealer
acting alone or in concert with others is necessary to fully and
effectively monitor compliance with the position limit requirements.
This proposed rule change reflects existing FINRA and ISG
interpretation, which has been express since 1991 and is widely
understood by firms. In addition, FINRA believes that the proposed rule
change will promote consistent regulation by harmonizing FINRA's rules
with those of the options exchanges and thus will impose no burden on
members since such reports are already being filed.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \13\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2014-051 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2014-051. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet 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 FINRA. 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-FINRA-2014-051 and should be
submitted on or before January 13, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-29965 Filed 12-22-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 71 (Tuesday, April 14, 2015)]
[Rules and Regulations]
[Pages 19873-19876]
[FR Doc No: 2015-08384]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0908; Directorate Identifier 2015-SW-007-AD;
Amendment 39-18136; AD 2015-05-52]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. Helicopters

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

ACTION: Final rule; request for comments.

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SUMMARY: We are publishing a new airworthiness directive (AD) for
Agusta S.p.A. (Agusta) Model A109, A109A, A109A II, A109C, A109K2,
A109E, A119, A109S, AW119 MKII, and AW109SP helicopters, which was sent
previously to all known U.S. owners and operators of these helicopters.
This AD requires inspecting certain tail rotor (T/R) pitch control
links (pitch links) for freedom of movement, corrosion, excessive
friction of the spherical bearings, and cracks. This AD is prompted by
a report of an in-flight failure of a pitch link on an Agusta Model
AW119 MKII helicopter. These actions are intended to prevent loss of T/
R pitch control and subsequent loss of control of the helicopter.

DATES: This AD becomes effective April 29, 2015 to all persons except
those persons to whom it was made immediately effective by Emergency AD
(EAD) 2015-05-52, issued on March 4, 2015, which contains the
requirements of this AD.
    The Director of the Federal Register approved the incorporation by
reference of certain documents listed in this AD as of April 29, 2015.
    We must receive comments on this AD by June 15, 2015.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, any incorporated by reference
service information, the European Aviation Safety Agency (EASA) AD, the
economic evaluation, any comments received, and other information. The
street address for the Docket Operations Office (telephone 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD
docket shortly after receipt.
    For service information identified in this AD, contact
AgustaWestland, Product Support Engineering, Via del Gregge, 100, 21015
Lonate Pozzolo (VA) Italy, ATTN: Maurizio D'Angelo; telephone 39-0331-
664757; fax 39 0331-664680; or at http://www.agustawestland.com/technical-bulletins. You may review the referenced service information
at the FAA, Office of the Regional Counsel, Southwest Region, 2601
Meacham Blvd., Room 663, Fort Worth, Texas 76137. It is also available
on the Internet at http://www.regulations.gov in Docket No. FAA-2015-
0908.

FOR FURTHER INFORMATION CONTACT: Martin Crane, Aviation Safety
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 2601
Meacham Blvd., Fort Worth, Texas 76137; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments prior to it becoming effective. However, we
invite you to participate in this rulemaking by submitting written
comments, data, or views. We also invite comments relating to the
economic, environmental, energy, or federalism impacts that resulted
from adopting this AD. The most helpful comments reference a specific
portion of the AD, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit them only one time. We will file in the docket all comments that
we receive, as well as a report summarizing each substantive public
contact with FAA personnel concerning this rulemaking during the
comment period. We will consider all the comments we receive and may
conduct additional rulemaking based on those comments.

Discussion

    On March 4, 2015, we issued EAD 2015-05-52, which requires
inspecting each pitch link part number (P/N) 109-0130-05-117 with 100
hours or less time-in-service since overhaul for freedom of movement,
corrosion, and to determine the force required to rotate the spherical
bearings. If there is any corrosion or if the force exceeds a certain
amount, then the pitch link is unairworthy. If there is no corrosion
and the force does not exceed the amount, then EAD 2015-05-52 requires
cleaning and visually inspecting the pitch link rod for a crack. If
there is a crack, then the pitch link is unairworthy. EAD 2015-05-52
was sent previously to all known U.S. owners and operators of these
helicopters and resulted from a report of an in-flight failure of a
pitch link P/N 109-0130-05-117 on an Agusta Model AW119 MKII
helicopter.
    EAD 2015-05-52 was prompted by EAD No. 2015-0035-E, dated February
27, 2015, issued by EASA, which is the Technical Agent for the Member
States of the European Union, to correct an unsafe condition for
AgustaWestland S.p.A. Model A109A, A109AII, A109C, A109E, A109K2,
A109LUH, A109S, AW109SP, A119, and AW119MKII helicopters. EASA advises
of the reported ``in-flight breaking'' of the T/R pitch control link P/
N 109-0130-05-117. EASA EAD 2015-0035-E requires inspecting the T/R
pitch control link for corrosion, rotation resistance or binding, and
cracks.

FAA's Determination

    These helicopters have been approved by the aviation authority of
Italy and are approved for operation in the United States. Pursuant to
our bilateral agreement with Italy, EASA, its technical representative,
has notified us of the unsafe condition described in the EASA AD. We
are issuing this AD because we evaluated all information provided by
EASA and determined the unsafe condition exists and is likely to exist
or develop on other helicopters of these same type designs.

Related Service Information Under 1 CFR Part 51

    AgustaWestland issued Alert Bollettino Tecnico (BT) Nos. 109-145,
109EP-141, 109K-65, 109S-065, 109SP-087, and 119-072, all revision A,
and all dated February 27, 2015. These alert BTs specify inspections of
pitch link P/N 109-0130-05-117 for corrosion, freedom of movement,
excessive friction of the spherical bearings, and cracks. This
information is reasonably available at http://www.regulations.gov in
Docket No. FAA-2015-0908. Or see ADDRESSES for other ways to access
this service information.

AD Requirements

    This AD retains the requirements of EAD 2015-05-52 and requires
inspecting the pitch link for freedom of movement for rotation
resistance or binding. This AD also requires removing

the pitch link and inspecting each pitch link spherical bearing for
corrosion and the force required to rotate each pitch link spherical
bearing. If there is any corrosion, the pitch link is unairworthy. If
the force required to rotate a spherical bearing in either end of the
pitch link is greater than 7.30 N (1.64 pounds force), the pitch link
is unairworthy. If the force required to rotate the spherical bearings
in both ends of the pitch link is equal to or less than 7.30 N (1.64
pounds force), this AD requires cleaning and visually inspecting the
pitch link rod for a crack using a 10x or higher power magnifying glass
or by performing a dye penetrant inspection. If there is a crack, the
pitch link is unairworthy.

Interim Action

    We consider this AD to be an interim action. If final action is
later identified, we might consider further rulemaking.

Costs of Compliance

    We estimate that this AD affects 253 helicopters of U.S. Registry.
We estimate that operators may incur the following costs in order to
comply with this AD. It takes about 2.5 work-hours at $85 per work-hour
to perform the inspections, for a total cost of $213 per helicopter and
$53,889 for the U.S. operator fleet. If required, replacing a pitch
link will cost about $1,957 for parts. We do not anticipate any
additional labor costs to install a new pitch link as opposed to re-
installing the existing pitch link.
    According to AgustaWestland's service information some of the costs
of this AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. We do not control warranty coverage by
Agusta. Accordingly, we have included all costs in our cost estimate.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments prior to adopting
these AD requirements would delay implementing the safety actions
needed to correct this known unsafe condition. Therefore, we found and
continue to find that the risk to the flying public justifies waiving
notice and comment prior to the adoption of this rule because the
previously described unsafe condition can adversely affect the
controllability of the helicopter and the initial required action must
be accomplished before further flight.
    Since it was found that immediate corrective action was required,
notice and opportunity for prior public comment before issuing this AD
were impracticable and contrary to the public interest and good cause
existed to make the AD effective immediately by EAD 2015-05-52, issued
on March 4, 2015, to all known U.S. owners and operators of these
helicopters. These conditions still exist and the AD is hereby
published in the Federal Register as an amendment to section 39.13 of
the Federal Aviation Regulations (14 CFR 39.13) to make it effective to
all persons.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2015-05-52 Agusta S.p.A.: Amendment 39-18136; Docket No. FAA-2015-
0908; Directorate Identifier 2015-SW-007-AD.

(a) Applicability

    This AD applies to Agusta S.p.A. Model A109, A109A, A109A II,
A109C, A109K2, A109E, A119, A109S, AW119 MKII, and AW109SP
helicopters, certificated in any category, with a tail rotor pitch
control link (pitch link) part number 109-0130-05-117 with 100 hours
or less time-in-service since overhaul.

(b) Unsafe Condition

    This AD defines the unsafe condition as failure of a pitch link.
This condition could result in loss of tail rotor pitch control and
subsequent loss of control of the helicopter.

(c) Effective Date

    This AD becomes effective April 29, 2015 to all persons except
those persons to whom it was made immediately effective by Emergency
AD 2015-05-52, issued on March 4, 2015, which contains the
requirements of this AD.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    (1) Before further flight, inspect the pitch link for freedom of
movement while it is installed on the helicopter.
    (i) If there is rotation resistance or binding, before further
flight, perform the actions in paragraphs (e)(2) through (e)(3) of
this AD.
    (ii) If there is no rotation resistance and no binding, within 5
hours time-in-service, perform the actions in paragraphs (e)(2)
through (e)(3) of this AD.
    (2) Remove the pitch link and inspect each pitch link spherical
bearing for corrosion. If there is any corrosion, the pitch link is
unairworthy.
    (3) Determine the force required to rotate each pitch link
spherical bearing as depicted in Figure 1 of AgustaWestland Alert
Bollettino Tecnico (BT) No. 109-145, 109EP-141, 109K-65, 109S-065,
109SP-087, or 119-072, all Revision A, and all dated February 27,
2015, as applicable to your model helicopter.

    (i) If the force required to rotate a spherical bearing in
either end of the pitch link is greater than 7.30 N (1.64 pounds
force), the pitch link is unairworthy.
    (ii) If the force required to rotate the spherical bearings in
both ends of the pitch link is equal to or less than 7.30 N (1.64
pounds force), after cleaning the pitch link rod using aliphatic
naphtha or equivalent and a soft non-metallic bristle brush,
visually inspect the pitch link rod for a crack in the area depicted
in Figure 1 of AgustaWestland Alert BT No. 109-145, 109EP-141, 109K-
65, 109S-065, 109SP-087, or 119-072, all Revision A, and all dated
February 27, 2015, as applicable to your model helicopter, using a
10x or higher power magnifying glass or by dye penetrant inspection.
If there is a crack, the pitch link is unairworthy.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Martin Crane, Aviation Safety
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 2601
Meacham Blvd., Fort Worth, Texas 76137; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office, before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety
Agency (EASA) Emergency AD No. 2015-0035-E, dated February 27, 2015.
You may view the EASA AD on the Internet at http://www.regulations.gov in Docket No. FAA-2015-0908.

 (h) Subject

    Joint Aircraft Service Component (JASC) Code: 6720, Tail Rotor
Controls.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) AgustaWestland Alert Bollettino Tecnico (BT) No. 109-145,
Revision A, dated February 27, 2015.
    (ii) AgustaWestland Alert BT No. 109EP-141, Revision A, dated
February 27, 2015.
    (iii) AgustaWestland Alert BT No. 109K-65, Revision A, dated
February 27, 2015.
    (iv) AgustaWestland Alert BT No. 109S-065, Revision A, dated
February 27, 2015.
    (v) AgustaWestland Alert BT No. 109SP-087, Revision A, dated
February 27, 2015.
    (vi) AgustaWestland Alert BT No. 119-072, Revision A, dated
February 27, 2015.
    (3) For AgustaWestland service information identified in this
AD, contact AgustaWestland, Product Support Engineering, Via del
Gregge, 100, 21015 Lonate Pozzolo (VA) Italy, ATTN: Maurizio
D'Angelo; telephone 39-0331-664757; fax 39 0331-664680; or at http://www.agustawestland.com/technical-bulletins.
    (4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663,
Fort Worth, Texas 76137. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on April 6, 2015.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft
Certification Service.
[FR Doc. 2015-08384 Filed 4-13-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 183 (Thursday, September 22, 2022)]
[Rules and Regulations]
[Pages 57807-57809]
[FR Doc No: 2022-20489]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0604; Project Identifier MCAI-2021-01375-T;
Amendment 39-22148; AD 2022-17-10]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-19-
20, which applied to all Dassault Aviation Model FALCON 7X airplanes.
AD 2021-19-20 required amending the existing airplane flight manual
(AFM) to incorporate a check and an operating limitation regarding the
O2 saver function. This AD was prompted by reports of
defects that may prevent efficient deactivation of the O2
saver function of crew oxygen masks and a determination that the AFM
amendment required by AD 2021-19-20 may not be sufficient to mitigate
the risk. This AD retains the requirements of AD 2021-19-20 and also
requires physical deactivation of the O2 saver function, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. This AD also limits the installation of
affected parts under certain conditions. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective October 27, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 27,
2022.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this material 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 in the AD
docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2022-0604.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0604; 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.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0272, dated December 6, 2021
(EASA AD 2021-0272) (also referred to as the MCAI), to correct an
unsafe condition for all Dassault Aviation Model FALCON 7X airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2021-19-20, Amendment 39-21738 (86 FR
51604, September 16, 2021) (AD 2021-19-20). AD 2021-19-20 applied to
all Dassault Aviation Model FALCON 7X airplanes. The NPRM published in
the Federal Register on June 9, 2022 (87 FR 35122). The NPRM was
prompted by reports of defects on the piston hole associated with the
O2 saver function that may prevent efficient deactivation of
the O2 saver function and a determination that the AFM
amendment required by AD 2021-19-20 may not be sufficient to mitigate
the risk of failed deactivation of the O2 saver function.
The NPRM proposed to retain the requirements of AD 2021-19-20 and
require physical deactivation of the O2 saver function, as
specified in EASA AD 2021-0272. The NPRM also proposed to limit the
installation of affected parts under certain conditions.
    The FAA is issuing this AD to address defects that may prevent
efficient deactivation of the O2 saver function, which could
result in an inadequate oxygen supply to the flightcrew in case of
decompression of the airplane or smoke or fire in the flight deck. See
the MCAI for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
requires adopting this AD as proposed. Except for minor editorial
changes, this AD is adopted as proposed in the NPRM. None of the
changes will increase the economic burden on any operator.

Accordingly, the FAA is issuing this AD to address the unsafe condition
on these products.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0272 specifies procedures for amending the existing
AFM to incorporate a specific check to ensure that the O2
saver function is not activated and an operating limitation to prevent
use of the O2 saver function; and for mechanically
deactivating the O2 saver function of the affected parts
(Safran flightcrew oxygen masks having part number MLD40-45-005 and
serial number B150451 through B172005 inclusive without the letter
``R'' after the serial number). EASA AD 2021-0272 also limits the
installation of affected parts under certain conditions. This material
is reasonably available because the interested parties have access to
it through their normal course of business or by the means identified
in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 20 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                              Cost per          Cost on U.S.
              Action                      Labor cost         Parts cost        product           operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2021-19-   1 work-hour x $85 per              $0             $85  Up to $1,700.
 20.                                 hour = $85.
New actions.......................  4 work-hours x $85                  0             340  6,800.
                                     per hour = $340.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2021-19-20, Amendment 39-21738
(86 FR 51604, September 16, 2021); and
0
b. Adding the following new AD:

2022-17-10 Dassault Aviation: Amendment 39-22148; Docket No. FAA-
2022-0604; Project Identifier MCAI-2021-01375-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 27, 2022.

(b) Affected ADs

    This AD replaces AD 2021-19-20, Amendment 39-21738 (86 FR 51604,
September 16, 2021) (AD 2021-19-20).

(c) Applicability

    This AD applies to all Dassault Aviation Model FALCON 7X
airplanes, certificated in any category.
    Note 1 to paragraph (c): Model FALCON 7X airplanes with Dassault
modification M1000 incorporated are commonly referred to as ``Model
FALCON 8X'' as a marketing designation.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Unsafe Condition

    This AD was prompted by reports of defects on the piston hole
associated with the O2 saver function that may prevent
efficient deactivation of the O2 saver function and a
determination that the airplane flight manual (AFM) amendment
required by AD 2021-19-20 may not be sufficient to mitigate the risk
of failed deactivation of the O2 saver function. The FAA
is issuing this AD to address defects that may prevent efficient
deactivation of the O2 saver function, which could result
in an inadequate oxygen supply to the flightcrew in case of
decompression of the airplane or smoke or fire in the flight deck.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0272, dated December 6, 2021 (EASA AD 2021-0272).

(h) Exceptions to EASA AD 2021-0272

    (1) Where EASA AD 2021-0272 refers to September 13, 2021 (the
effective date of

EASA AD 2021-0202-E), this AD requires using September 16, 2021 (the
effective date of AD 2021-19-20).
    (2) Where EASA AD 2021-0272 refers to its effective date, this
AD requires using the effective date of this AD.
    (3) Where paragraph (1) of EASA AD 2021-0272 requires operators
to ``inform all flight crews, and thereafter operate the aeroplane
accordingly,'' this AD does not require those actions as they are
already required by existing FAA operating regulations.
    (4) The ``Remarks'' section of EASA AD 2021-0272 does not apply
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0272
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (k) of this
AD. Information may be emailed to: [email protected].
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, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Dassault
Aviation's EASA Design Organization Approval (DOA). If approved by
the DOA, the approval must include the DOA-authorized signature.

(k) Related Information

    For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0272,
dated December 6, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0272, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material 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>.
    (5) You may view this material 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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 10, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-20489 Filed 9-21-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 214 (Tuesday, November 5, 2013)]
[Notices]
[Page 66354]
[FR Doc No: 2013-26456]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR14-7-000]

Sunoco Pipeline L.P.; Notice of Petition for Declaratory Order

    Take notice that on October 28, 2013, pursuant to Rule 207(a)(2) of
the Commission's Rules of Practices and Procedure, 18 CFR
385.207(a)(2)(2013), Sunoco Pipeline L.P. (SPLP) filed a petition
requesting a declaratory order approving priority service, overall
tariff and rate structure, and allocation methodology for the proposed
Granite Wash Extension pipeline to transport crude oil from the Granite
Wash Shale to Ringgold, Texas, as explained more fully in the petition.
    Any person desiring to intervene or to protest in this proceedings
must file in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
will be considered by the Commission in determining the appropriate
action to be taken, but will not serve to make protestants parties to
the proceeding. Anyone filing a motion to intervene or protest must
serve a copy of that document on the Petitioner.
    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 St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for 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>.
    Comment Date: 5:00 p.m. Eastern time on November 19, 2013.

    Dated: October 30, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-26456 Filed 11-4-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 220 (Thursday, November 16, 2023)]
[Notices]
[Pages 78746-78747]
[FR Doc No: 2023-25363]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-11559-01-OA]

Farm, Ranch, and Rural Communities Advisory Committee; Notice To
Establish Animal Agriculture and Water Quality Subcommittee and
Solicitation of Nominations for Membership to the Animal Agriculture
and Water Quality Subcommittee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for nominations.

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

SUMMARY: The U.S. Environmental Protection Agency (EPA or Agency)
invites nominations from a diverse range of qualified candidates to
serve on a new subcommittee of the Farm, Ranch, and Rural Communities
Advisory Committee (FRRCC), entitled the Animal Agriculture and Water
Quality (AAWQ) subcommittee. The goal of the AAWQ subcommittee will be
to provide recommendations that will inform the Agency's decisions
regarding how to improve the implementation of the Clean Water Act
(CWA) National Pollutant Discharge Elimination System (NPDES)
Concentrated Animal Feeding Operation (CAFO) permitting program to more
effectively reduce nutrients and other types of water pollutants from
Animal Feeding Operations (AFOs), including determining whether any
revisions to the regulations are warranted, and whether EPA can
otherwise support the efforts of AFO operators to protect water
quality.

DATES: To be considered for membership appointment to the AAWQ
subcommittee, nominations should be submitted no later than January 2,
2024.

ADDRESSES: Nominations must be submitted electronically with the
subject line ``AAWQ Membership 2023'' to [email protected]. General
information regarding the AAWQ can be found on the EPA website at:
https://www.epa.gov/faca/frrcc. General information about Federal
Advisory Committees at EPA is available at: www.epa.gov/faca.

FOR FURTHER INFORMATION CONTACT:
    Dr. Venus Welch-White,<PHONE_NUMBER>, Designated Federal Officer
for both the FRRCC and AAQW at [email protected]. General information
regarding the FRRCC can be found on the EPA website at https://www.epa.gov/faca/frrcc.
    Dr. Venus Welch-White, Designated Federal Officer, AAWQ and Dr.
Lauren Mosesso, Alternate Designated Federal Officer, AAWQ, can be
reached at [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

    On August 15, 2023, EPA responded to two petitions sent by
environmental and community groups requesting that EPA revise its Clean
Water Act (CWA) regulations for the National Pollutant Discharge
Elimination System (NPDES) Concentrated Animal Feeding Operation (CAFO)
program. Instead of initiating rulemaking at this time, as the
petitions requested, EPA decided to conduct a comprehensive evaluation
of the CAFO program to consider the most effective and efficient ways
to reduce pollutants generated from CAFOs. EPA will establish a Federal
Advisory Committee (FAC) subcommittee, called the Animal Agriculture
and Water Quality (AAWQ) subcommittee, under the existing Farm, Ranch,
and Rural Communities Committee (FRRCC). After engaging with the AAWQ
and reviewing their recommendations, EPA will consider whether to
revise its regulations or whether the issues discussed in the petitions
can be more effectively addressed through non-regulatory initiatives.
    EPA is currently seeking nominations for members to serve on the
AAWQ subcommittee, who will be appointed for an estimated term of 12 to
18 months. Balanced and diverse representation is being sought from the
following stakeholders across the geographic regions of the United
States:

 Agricultural industry
 Environmental, community, and public health groups
 Local governments
 Research institutions
 States and Tribes

    The AAWQ expects to hold meetings approximately four times per year
over the course of 12 to 18 months. The first subcommittee meeting is
anticipated to be held in-person at or near EPA Headquarters in
Washington, DC, in the spring of 2024. Subsequent meetings and/or
listening sessions may be held in Washington, DC, other parts of the

country, or virtually. In addition to the meetings, the minimum
expected workload for members is approximately 5-10 hours per month,
and potentially more depending on the responsibilities members choose
to take on. Members will serve on the subcommittee in a voluntary
capacity; however, EPA may provide reimbursement for travel expenses
associated with official government business.

II. Eligibility To Serve on Subcommittee

    Because of the nature of the issues to be discussed, it is the
intent of the Agency for subcommittee members to have significant
experience with (1) CAFO production area practices, (2) CAFO land
application practices, and (3) effective means to limit pollution from
CAFOs.
    Topics that the AAWQ will discuss include, but are not limited to:
     Agricultural technology adoption and economics (e.g.,
digesters, treat and discharge systems, nutrient management
technologies).
     CWA NPDES program.
     Day-to-day operations of CAFOs, especially concerning land
application, management, or off-site transport of manure, litter, and
process wastewater.
     Development and implementation of agricultural
conservation practices and technologies.
     Public health and environmental impacts of CAFOs.
    EPA is seeking nominees for the AAWQ subcommittee who have
demonstrated experience with the operations of animal agriculture
practices and/or the impacts of animal feeding operations on public
health and/or water quality. Nominations are sought from, but not
limited to, AFO/CAFO operators; agricultural economists; agricultural
producers, growers, and ranchers; nongovernmental organizations
studying agricultural, public health, and environmental impacts;
community members who reside adjacent to or near AFO/CAFO operations;
academic researchers and/or extension agents; state, local, and tribal
governments; and wastewater utilities. The membership of the AAWQ
subcommittee will include a balanced representation of interested
persons representing the geographic diversity of the Unites States.
Individuals will be generally appointed to serve on the AAWQ
subcommittee as ``Representative'' members and are thus expected to
represent the points of view of a particular group (e.g., a community,
organization, or industry), rather than provide independent judgment
and expertise. Other Federal agencies, and members of other sectors, as
warranted, may be invited to attend, offer expertise, or provide
presentations at committee meetings as non-members.
    Nominees must be able to volunteer approximately 5-10 hours per
month to the AAWQ subcommittee's activities, including participation in
virtual workgroup meetings and preparation of text for the
subcommittee's Final Report.
    In accordance with Executive Order 14035 (June 25, 2021) and
consistent with law, EPA values and welcomes opportunities to increase
diversity, equity, inclusion, and accessibility on its Federal advisory
committees. EPA's Federal advisory committees have a workforce that
reflects the diversity of the American people.

III. Nominations To Serve on Subcommittee

    Any interested person or organization may submit the names of
qualified persons, including themselves. Nominations must be submitted
electronically with the subject line ``AAWQ Membership 2023'' to
[email protected]. To be considered, all nominations should include the
information requested below:
     Current contact information for the nominee, including the
nominee's name, organization (and position within that organization),
business address, email address, and daytime telephone number(s).
     A brief statement describing the nominee's interest,
relevant experience, and availability in serving on the AAWQ
subcommittee, as well as: (1) The nominee's ability to serve as a
``Representative'' member and represent the point of view of a group
(e.g., a community, organization, or industry) rather than provide
independent judgment and expertise; and (2) whether the nominee has any
prior/current service on Federal advisory committees, and, if so, the
number of years.
     R[eacute]sum[eacute] or curriculum vitae detailing the
nominee's background, experience, and qualifications, and any other
relevant materials.
    Other sources, in addition to this Federal Register notice, may be
utilized in the solicitation of nominees. EPA expressly values
diversity, equity, and inclusion, and encourages the nominations of
interested individuals from diverse backgrounds. Individuals may self-
nominate.

Venus Welch-White,
Senior Advisor to EPA Senior Advisor for Agriculture, Office of the
Administrator, U.S. EPA.
[FR Doc. 2023-25363 Filed 11-15-23; 8:45 am]
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