[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Proposed Rules]
[Pages 48828-48832]
[FR Doc No: 2013-19414]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0002; Directorate Identifier 2011-NE-42-AD]
RIN 2120-AA64

Airworthiness Directives; Continental Motors, Inc. Reciprocating
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Airmotive Engineering Corp. replacement parts manufacturer
approval (PMA) cylinder assemblies marketed by Engine Components
International Division (ECi), used on the Continental Motors, Inc.
(CMI) models 520 and 550 reciprocating engines, and all other engine
models approved for the use of CMI models 520 and 550 cylinder
assemblies such as the CMI model 470 when modified by supplemental type
certificate (STC). This proposed AD was prompted by failure reports of
multiple cylinder head-to-barrel separations and cracked and leaking
aluminum cylinder heads. This proposed AD would require initial and
repetitive inspections, replacement of cracked cylinders, and
replacement of cylinder assemblies at reduced times-in-service. This
proposed AD would also prohibit the installation of affected cylinder
assemblies into any engine. We are proposing this AD to prevent
cylinder head cracks, engine failure, and loss of the airplane.

DATES: We must receive comments on this proposed AD by October 11,
2013.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For certain service information identified in this proposed AD,
contact Continental Motors, Inc., PO Box 90, Mobile, AL 36601; phone:
251-438-3411, Internet: http://tcmlink.com/servicebulletins.cfm. For
certain other service information identified in this proposed AD,
contact Engine Components International Division, 9503 Middlex Drive,
San Antonio, TX 78217; phone<PHONE_NUMBER>; Internet: http//
www.eci.aero/pages/tech_svcpubs.aspx. You may view this service
information at the FAA, Engine & Propeller Directorate, 12 New England
Executive Park, Burlington, MA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Jurgen E. Priester, Aerospace
Engineer, Special Certification Office, FAA, Rotorcraft Directorate,
2601 Meacham Blvd., Fort Worth, TX 76137; phone:<PHONE_NUMBER>; fax:
817-222-5785; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2012-0002;
Directorate Identifier 2011-NE-42-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We received multiple failure reports of Airmotive Engineering Corp.
PMA cylinder assemblies, part number (P/N) AEC631397, ECi Class 71 and
Class 76, installed on certain CMI models IO-520, TSIO-520, IO-550, and
IOF-550 reciprocating engines and other engines approved for the use of
CMI models 520 and 550 cylinder assemblies such as the CMI model 470
when modified by STC. ECi part numbering includes four Classes of P/N
AEC631397 cylinder assemblies based upon their intended use. Only
Classes 71 and 76 are affected; Classes 68 and 70 are not affected. The
Class number appears in the ECi P/N cylinder marking immediately
following AEC631397. These markings are found on the bottom flange of
the cylinder. We identified two independent failure modes resulting in
the cylinder head separations; however, the exact root cause of each
failure mode could not be definitively identified. One failure mode is
cracking that initiates in the internal dome radius of the cylinder
head and the second is cracking at the cylinder head-to-barrel threads.
The affected cylinder assemblies are separated into two manufacturing
groups that would require the actions in this proposed AD. Those two
groups are defined by serial number (S/N) ranges. One group consists of
cylinder assemblies with S/N 1 through S/N 33696. The second group
consists of cylinder assemblies with S/N 33697 through S/N 61176. The
unsafe condition, if not corrected, could result in cylinder head
cracks, engine failure, and loss of the airplane.
    Airmotive Engineering Corp. held a meeting, which we attended, on
December 11, 2012, to discuss certain active PMA projects. Also on
their agenda was a briefing to us on their meeting with the National
Transportation Safety Board (NTSB) regarding the subject of this
proposed AD. Although that briefing was not intentioned by us, because
it occurred, we are placing a summary and a copy of what they provided
for our consideration, into the AD docket for public review.
    Airmotive Engineering Corp. held another meeting, with us and the
NTSB in attendance, on February 14, 2013. The purpose of the meeting
was to further discuss the causes of their cylinder failures and what
they have done to address these failures. We are placing all of the
information from this meeting in the AD docket for public review.
    Knowing the likely impact that compliance with the AD will have
upon the owners and operators, a detailed review was performed to
consider all aspects of the information provided by Airmotive
Engineering Corp. After considering all factors, which included, for
example, the efforts of two Chief Scientific and Technical Advisors,
data from the FAA/Airmotive Engineering Corp. meetings, and the
application of the FAA Policy Statement on Risk Assessment 08/07/13for
Reciprocating Engine Airworthiness Directives (PS-ANE100-1999-00006),
we concluded that proceeding with this proposed AD to correct the
unsafe condition was appropriate.

Relevant Service Information

    We reviewed Continental Motors, Inc. Service Bulletin (SB) No.
SB96-12, dated September 10, 1996. Part 1 Section C of the SB describes
procedures for leak checking cylinder assemblies. We also reviewed ECi
Service Instruction No. 99-8-1,

Revision 9, dated February 23, 2009, Sections 4.3, 4.4, 6.1, and 6.2,
which provide information on cylinder identification and part
numbering.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD divides ECi cylinder assemblies, P/N AEC631397,
Class 71 and Class 76, into two groups; Group A cylinder assemblies and
Group B cylinder assemblies. Group A cylinder assemblies are those
cylinder assemblies with S/N 1 through S/N 33696. Group B cylinder
assemblies are those cylinder assemblies with S/N 33697 through S/N
61176. This proposed AD would require removing Group A cylinder
assemblies from service within 25 operating hours if, on the effective
date of the AD, the cylinder operating hours are fewer than 500 hours,
or more than 1,000 hours. This proposed AD would also require removing
Group B cylinder assemblies from service within 25 operating hours if,
on the effective date of the AD, the cylinder operating hours are 1,000
or more.
    This proposed AD would also require repetitive visual inspections,
compression tests, and leak checks for cracks, for Group A cylinder
assemblies with between 500 and 1,000 operating hours, and for Group B
cylinder assemblies with fewer than 1,000 operating hours, until they
are removed from service.
    Finally, this proposed AD would also prohibit installing affected
ECi cylinder assemblies onto any engine and would require reporting to
the FAA all removed cylinder assemblies.

Costs of Compliance

    We estimate that this proposed AD would affect about 6,000
Continental Motors, Inc. models IO-520, TSIO-520, IO-550, and IOF-550
reciprocating engines and all other engine models approved for the use
of CMI models 520 and 550 cylinder assemblies (such as the CMI model
470 when modified by STC), installed on airplanes of U.S. registry. We
also estimate that each affected ECi cylinder will be inspected on
average four times in the first year. We also estimate that about six
hours per engine would be required to perform the visual inspection,
compression test, and leak check. The average labor rate is $85 per
hour. Finally, we estimate that about 18 hours would be required to
replace all six cylinder assemblies during scheduled overhaul
maintenance, and that a replacement cylinder assembly would cost about
$1,700. Based on these figures, we estimate the total cost of this
proposed AD to U.S. operators to change all ECi cylinders to be
$82,620,000. Our cost estimate is exclusive of possible warranty
coverage.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (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.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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):

Continental Motors, Inc. (formerly Teledyne Continental Motors,
Inc., formerly Continental): Docket No. FAA-2012-0002; Directorate
Identifier 2011-NE-42-AD.

(a) Comments Due Date

    We must receive comments by October 11, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Continental Motors, Inc. (CMI)
models 520 and 550 reciprocating engines, and all other engine
models approved for the use of CMI models 520 and 550 cylinder
assemblies such as the CMI model 470 when modified by supplemental
type certificate (STC), with Airmotive Engineering Corp. replacement
parts manufacturer approval (PMA) cylinder assemblies, marketed by
Engine Components International Division (hereinafter referred to as
ECi), part number (P/N) AEC631397, with ECi Class 71 or Class 76,
serial number (S/N) 1 through S/N 33696, or S/N 33697 through S/N
61176, installed on, but not limited to:
    (1) IO-520-A, -B, -BA, -BB, -C, -CB, -D, -E, -F, -J, -K, -L, -M,
-MB, -N, -NB, and LIO-520-P.
    (2) TSIO-520-A, -AE, -AF, -B, -BB, -BE, -C, -CE, -D, -DB, -E, -
EB, -G, -H, -J, -JB, -K, -KB, -L, -LB, -M, -N, -NB, -P, -R, -T, -U,
-UB, -VB, -WB, and LTSIO-520-AE.
    (3) IO-550-A, -B, -C, -D, -E, -F, and -L.
    (4) IOF-550-B, -C, -D, -E, -F, and -L.
    (5) Other engines using CMI models 520 and 550 cylinder
assemblies, such as the CMI model 470 when modified by STC.

(d) Unsafe Condition

    This AD was prompted by reports of multiple cylinder head-to-
barrel separations and cracked and leaking aluminum cylinder heads.
We are issuing this AD to prevent cylinder head cracks, engine
failure, and loss of the airplane.

(e) Compliance

    Comply with this AD within the compliance times specified,
unless already done.
    (1) Review the engine maintenance records to determine if any
affected cylinders were

installed at the time of engine overhaul or during any other
maintenance event, or were installed when the engine was modified
and are currently installed.
    (2) If you do not have any of the affected ECi cylinders
installed on your engine, no further action is required.

(f) Cylinder Identification and Serial Number Location

    (1) Check the cylinder assembly P/N and Class number. The ECi
cylinder assembly, P/N AEC631397, Class 71 or Class 76, is stamped
on the bottom flange of the cylinder barrel. Guidance on the P/N and
Class number description and location can be found in ECi Service
Instruction No. 99-8-1, Revision 9, dated February 23, 2009.
    (2) For ECi cylinder assemblies, P/N AEC631397, manufactured
through 2008, find the cylinder assembly S/N stamped on the intake
port boss two inches down from the top edge of the head.
    (3) For ECi cylinder assemblies, P/N AEC631397, manufactured on
or after January 1, 2009, find the cylinder assembly S/N stamped
just below the top edge of the head on the exhaust port side.
    (4) If you cannot see the cylinder assembly P/N when the
cylinder assembly is installed on the engine, an alternative method
of identification may be used as follows:
    (i) Remove the cylinder rocker box cover.
    (ii) Find the letters ECi, cast into the cylinder head between
the valve stems.
    (iii) Check the cylinder head casting P/N. Affected cylinder
assemblies have the cylinder head casting P/N, AEC65385, cast into
the cylinder head between the valve stems.
    (iv) Find the cylinder assembly S/N as specified in paragraph
(f)(2) or (f)(3) of this AD as applicable.

(g) Removal From Service

    (1) For those Group A cylinder assemblies, P/N AEC631397, ECi
Class 71 or 76, S/N 1 through S/N 33696, with fewer than 500
operating hours time-in-service (TIS) or with more than 1,000
operating hours TIS on the effective date of this AD, remove the
cylinder assemblies from service within the next 25 operating hours
TIS.
    (2) For those Group B cylinder assemblies, P/N AEC631397, ECi
Class 71 or 76, S/N 33697 through S/N 61176, with more than 1,000
operating hours TIS on the effective date of this AD, remove the
cylinder assemblies from service within the next 25 operating hours
TIS.

(h) Inspection of Group A Cylinder Assemblies With Between 500 and
1,000 Operating Hours TIS and Group B Cylinder Assemblies With Fewer
Than 1,000 Operating Hours TIS

    (1) Within the next 10 operating hours TIS after the effective
date of this AD, visually inspect, compression test, and leak check
the Group A cylinder assemblies with between 500 and 1,000 operating
hours TIS, and Group B cylinder assemblies with fewer than 1,000
operating hours TIS. Use paragraphs (h)(2) through (h)(5) of this AD
to do the inspection, test, and leak check.
    (2) Visually inspect the exterior of each cylinder head and
barrel interface around the perimeter of the cylinder as follows:
    (i) Before any engine cleaning, with good lighting, look for
signs of white or black combustion products between cooling fins,
especially on the exhaust valve side of the cylinder assembly.
    (ii) Remove the cylinder from service if you find any indication
of a crack or black combustion products on the side of a cylinder.
    (iii) The presence of oil or a normal dirty appearance may not
indicate a head crack.
    (3) Perform a standard differential compression test to the
cylinder assembly. If the cylinder assembly has a pressure reading
of less than 55/80 pounds per square inch gauge pressure, on the
differential pressure test gauges, remove the cylinder assembly from
service.
    (4) Use Part 1 Section C ``Leak Check'' of Teledyne Continental
Motors Service Bulletin (SB) No. SB96-12, dated September 10, 1996,
to perform the leak checks required by this AD.
    (5) Remove from service any cylinder assembly found cracked and/
or leaking.
    (6) Repeat paragraphs (h)(2) though (h)(5) of this AD within
every 50 operating hours TIS since last inspection. Remove from
service any cylinder assembly before accumulating 1,000 operating
hours TIS.

(i) Installation Prohibitions

    After the effective date of this AD:
    (1) Do not repair, or reinstall onto any engine, any cylinder
assembly removed per this AD.
    (2) Do not install any ECi cylinder assemblies, P/N AEC631397,
ECi Class 71 or 76, with the S/Ns listed in paragraph (c) of this
AD, onto any engine.
    (3) Do not install any engine having one or more ECi cylinder
assemblies, P/N AEC631397, ECi Class 71 or 76, with the S/Ns listed
in paragraph (c) of this AD, into any aircraft.
    (4) Do not return to service any aircraft that has an engine
with an ECi cylinder assembly subject to this AD, if the cylinder
assembly has 1,000 or more operating hours TIS.

(j) Alternative Methods of Compliance (AMOCs)

    The Manager, Special Certification Office, may approve AMOCs for
this AD. Use the procedures found in 14 CFR 39.19 to make your
request.

(k) Reporting Requirements

    Report to the FAA all cylinder assemblies that you removed per
this AD. Send your report to the Special Certification Office, FAA,
Rotorcraft Directorate, Attn: Jurgen E. Priester, Aerospace
Engineer, 2601 Meacham Blvd., Fort Worth, TX 76137; phone: 817-222-
5159; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>Include the
following information:
    (1) Aircraft model.
    (2) Continental Motors, Inc. engine model number.
    (3) ECi cylinder assembly S/N.
    (4) Cylinder assembly total operating hours.
    (5) Installation date of ECi cylinder assembly.
    (6) Airplane utilization average per year (flight hours per
year).
    (7) Number of flight hours since last mandatory inspection
required by this AD.
    (8) Reason for cylinder removal, i.e., leaking head with cracks
or other indications found, failed compression test, valves or rings
leaking, or a head separation.
    (9) How the defect was found, i.e., visual inspection, leak
check, compression test, etc.
    (10) Source of leak(s).
    (11) Location of crack(s). Locate by counting the number of
cooling fins up from the head/barrel interface.
    (12) Length of crack(s).
    (13) Location of separation. Locate by counting the number of
cooling fins up from the head/barrel interface.
    (14) Your contact information (optional).

(l) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty
for failure to comply with a collection of information subject to
the requirements of the Paperwork Reduction Act unless that
collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(m) Related Information

    (1) For more information about this AD, contact Jurgen E.
Priester, Aerospace Engineer, Special Certification Office, FAA,
Rotorcraft Directorate, 2601 Meacham Blvd., Fort Worth, TX 76193;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For ECi Service Instruction No. 99-8-1, Revision 9, dated
February 23, 2009, which is not incorporated by reference in this
AD, contact Engine Components International Division, 9503 Middlex
Drive, San Antonio, TX 78217; phone<PHONE_NUMBER>; Internet: http//
www.eci.aero/pages/tech_svcpubs.aspx.
    (3) For other service information referenced in this AD, contact
Continental Motors, Inc., PO Box 90, Mobile, AL 36601; phone: 251-
438-3411, Internet: http://tcmlink.com/servicebulletins.cfm.
    (4) You may view this service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on August 5, 2013.
Colleen M. D'Alessandro,
Assistant Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2013-19414 Filed 8-9-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: March 13, 2009 (Volume 74, Number 48)]
[Notices]
[Page 10972-10973]
[DOCID:fr13mr09-112]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59524; File No. SR-CBOE-2009-012]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated: Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to Extension of the Dividend, Merger and Short
Stock Interest Strategies Fee Cap Pilot Program Until March 1, 2010

March 6, 2009.
    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 February 26, 2009, Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II and III below, which Items have been prepared by CBOE. The
Exchange filed the proposal pursuant to Section 19(b)(3)(A) of the Act
\3\ and Rule 19b-4(f)(2) thereunder.\4\ The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Chicago Board Options Exchange, Incorporated (``CBOE'' or
``Exchange'') proposes to amend its Fees Schedule to extend until March
1, 2010, the dividend, merger and short stock interest strategies fee
cap program. The text of the proposed rule change 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, CBOE 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. CBOE 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, Proposed Rule Change

(a) Purpose
    The Exchange currently caps market-maker, firm, and broker-dealer
transaction fees associated with dividend, merger and short stock
interest strategies, as described in Footnote 13 of the CBOE Fees
Schedule (``Strategy Fee Cap''). The Strategy Fee Cap is in effect as a
pilot program that is due to expire on March 1, 2009.
    The Exchange proposes to extend the Strategy Fee Cap pilot program
until March 1, 2010. No other changes are proposed. The Exchange
believes that extension of the Strategy Fee Cap pilot program would
enable the Exchange to remain competitive for these types of strategies
by keeping fees low.
(b) Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Securities Exchange Act of 1934 (``Act''),\5\ in
general, and furthers the objectives of Section 6(b)(4) \6\ of the Act
in particular, in that it is designed to provide for the equitable
allocation of reasonable dues, fees, and other charges among CBOE
members and other persons using its facilities. The Exchange believes
the proposed extension of the Strategy Fee Cap pilot program would
continue to benefit market participants who trade these strategies by
lowering their fees.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \7\ and subparagraph (f)(2) of Rule 19b-4 \8\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission may summarily abrogate 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.
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2009-012 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.

    All submissions should refer to File Number SR-CBOE-2009-012. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/

rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549 on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of CBOE. 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-CBOE-2009-012 and should be
submitted on or before April 3, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E9-5387 Filed 3-12-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 77 (Thursday, April 21, 2011)]
[Notices]
[Pages 22392-22393]
[FR Doc No: 2011-9659]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER11-3342-000]

Dynasty Power Inc.; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Dynasty Power Inc.'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 3, 2011.
    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 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 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>.

    Dated: April 13, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-9659 Filed 4-20-11; 8:45 am]
BILLING CODE 6717-01-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request EPA/ OECA/ CAMPD 2. OMB control number b. G None a. 2060 0185 3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title National Emission Standards for Hazardous Air Pollutants, Benzene Emissions from Benzene Storage Vessels and Coke by product recovery plants. 40 CFR Part 61, Subparts L & Y 8. Agency form number( s) ( If applicable) 1080.10 9. Keywords Environmental Protection, Clean Air Act, Air Pollution Control 10. Abstract This NESHAP Establishes control requirements, monitoring requirements, recordkeeping and reporting requirements to control benzene emissions from storage vessels and Coke By Product Recovery Plants.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 40 b. Total annual responses 76 1. Percentage of these responses collected electronically 0 % c. Total hours requested 7,131 d. Current OMB inventory 7,131 e. Difference 0 f. Explanation of difference 1. Program Change 0 2. Adjustment 0 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) 0 c. Total annualized cost requested 0 d. Current OMB inventory 0 e. Difference 0 f. Explanation of difference 1. Program change 0 2. Adjustment 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. _ P_ Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. Q Third party disclosure c. X Reporting 1. Q On occasion 2. Q Weekly 3. Q Monthly 4. X Quarterly 5. Q Semi annually 6. Q Annually 7. Q Biannually 8. Q Other ( describe)

17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Rafael Sanchez Phone: 202 564 7028 OMB 83 I 10/ 95


[Federal Register Volume 86, Number 61 (Thursday, April 1, 2021)]
[Proposed Rules]
[Pages 17096-17098]
[FR Doc No: 2021-06483]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2019-0911]
RIN 1625-AA09

Drawbridge Operation Regulation; Mobile River, Hurricane, AL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to change the operating requirements
for the CSX Transportation Railroad drawbridge across the Mobile River,
mile 13.3 near Hurricane, Mobile County, Alabama. This proposed rule
allows the bridge owner to operate the bridge remotely from the CSX
remote control center in Mobile, AL.

DATES: Comments and relate material must reach the Coast Guard on or
before September 28, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0911 using Federal e-Rulemaking Portal at https://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Doug Blakemore. Eighth Coast Guard District
Bridge Administration Branch Chief; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
CSX CSX Transportation
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The CSX Transportation Railroad drawbridge has a vertical clearance
of 5.5' in the closed to navigation position and operates in accordance
with 33 CFR 117.5. The CSX Railroad Company, the owner of the bridge
requested to change operation of the bridge from a tended drawbridge to
a remotely operated drawbridge. This proposed rule will not change the
operation schedule of the bridge. A copy of the bridge owners request
can be found at https://www.regulations.gov in the Docket USCG-2019-
0911.
    The waterway users include recreational vessels and commercial
tows; which combined requires approximately six openings a day.
    CSX has completed installation of a remote operation system at the
bridge and a remote control center, located in Mobile, AL. At the
bridge, CSX has installed infrared cameras, closed circuit cameras and
TVs, communication systems and information technology systems on the
bridge that allow an operator from Mobile to monitor and control the
bridge. They have also developed an operations manual that remote
operators use to control each bridge.
    In the future, CSX anticipates to remotely operate an additional
ten drawbridges from the CSX remote control center. As a general rule
the Coast Guard will consider allowing one (1) remote operator to
control up to three (3) separate bridges. This is dependent on the type
of vessels that use the waterways, vessel traffic volume and
environmental or geographical conditions of each bridge and waterway
    On January 27, 2020 the Coast Guard published a temporary deviation
from regulations; request for comments (TD) entitled Drawbridge
Operation Regulation; Mobile River, Hurricane, AL in the Federal
Register (85 FR 4587). This temporary deviation was issued to test the
remote operations system for 60 days. The objective was to also to
collect and analyze information on how the drawbridge operated from a
remote location and the potential effect on vessel traffic in the area.
This deviation ended March 27, 2020.
    Given the duration of time from the end of the test period and the
development of this NPRM, the Coast Guard is authorizing second
deviation to re-test the remote operations of the bridge and its effect
on waterway mobility in that area. However, this deviation will run for
180 days and simultaneously with this NPRM. Both under the same docket
number. Both documents can be found at https://www.regulations.gov and
comments can be made to either document.
    During the 60 day test period, the Coast Guard did not identify any
issues with the remote operation of the bridge or any negative impact
to a vessels reasonable ability to use this waterway. The Coast Guard
received four comments from the public during the test period. These
comments can be viewed in the Docket and have been addressed throughout
this NPRM or below. These comments have been summarized and evaluated
by the Coast Guard.
    One of the comments received expressed concern that remote
operation systems have not been proven. Under 33 CFR 117.42 the Coast
Guard has authorized a number of drawbridge to be remotely operated
with successful results. Safety is a priority and the bridge must
operate as if a drawtender were present at the bridge.
    The same commenter had safety concerns that without drawtenders on
site, maintenance, repairs, inspections and vessel assistance through
the bridge would not be conducted. In accordance with CSX procedures,
drawtenders are not allowed to perform these actions.

There are also concerns about unreported strikes of the bridge by
vessels and potential trespassers at the bridge. CSX has cameras at the
bridge and given that the bridge operating schedule is open on demand,
the bridge must be monitored 24 hours a day. Also, vessels are required
to report certain marine incidents and casualties and local law
enforcement will be alerted if there is illegal activity at the bridge.
    Another comment recommended that the bridge remain in the open to
navigation position and close when a train is approaching. Coast Guard
will consider this option and discuss with CSX during the comment and
test period.

III. Discussion of Proposed Rule

    33 CFR 117.42 sets Coast Guard drawbridge regulations. This
regulation authorizes the Coast Guard District Commander to approve
operations from a remote site. CSX has requested to operate the CSX
Transportation Bridge across the Mobile River from the CSX remote
control center in Mobile, AL. The waterway users include recreational
vessels and commercial tows; which combined requires approximately six
openings a day.
    Presently, the bridge opens on signal for the passage of vessels in
accordance with 33 CFR 117.05 and this proposed rule will not change
that operating schedule. This proposed rule will also not change how a
request to open the bridge will be conducted. Mariners requiring an
opening may do so by contacting the CSX remote control center on
Channels 13/16 or by the phone number posted at the bridge.
    The Coast Guard has visited the CSX remote control center several
times and has confirmed that the remote operating system is effective.
This proposed rule allows CSX to control the drawbridge from their
remote control center and requires CSX to have the capability,
including resources and manpower to return the operator to the bridge
location within 3 hours following any of the below situations:
     Any component of the remote operations system fails and
prevents the remote operator from being able to visually identify
vessels, communicate with vessels, detect vessels immediately
underneath the bridge or visually identify trains approaching the
bridge.
     CSX fails to meet Federal Railway Administration (FRA) or
any other government agency safety requirements.
     Anytime that CSX procedures, equipment or operators fail
to safely open and close the bridge fail.
     At the direction of the District Commander.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize its
analyses based on these statutes and Executive Orders and we discusses
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the ability that
vessels can still transit the bridge with the bridge operator
controlling the bridge from a remote location.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section IV.A
above this proposed rule would not have a significant economic impact
on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has 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. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, the Coast Guard does discuss the effects
of this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f) and have
made. The Coast Guard has determined that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
promulgates the operating regulations or procedures for drawbridges.
Normally such actions are categorically excluded from further review,
under paragraph L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard
Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in this docket
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; DHS Delegation No.
0170.1.

0
2. Add Sec.  117.111 to read as follows:

Sec.  117.111  Mobile River.

    (a) The draw of the CSX Transportation railroad bridge, mile 13.3
located near Hurricane, AL shall be remotely operated by the bridge
operator at CSX's bridge remote control center in Mobile, Alabama.
Closed Circuit TVs, infrared detectors, communications systems and
information technology systems have been installed at the bridge.
Vessels can contact the CSX bridge operator via VHF-FM channel 13 or by
telephone at the number displayed on the signs posted at the bridge to
request an opening of the draw.
    (b) CSX will return the operator to the bridge location within 3
hours following any of the situations in this paragraph (b):
    (1) Any component of the remote operations system fails and
prevents the remote operator from being able to visually identify
vessels, communicate with vessels, detect vessels immediately
underneath the bridge or visually identify trains approaching the
bridge.
    (2) CSX fails to meet Federal Railway Administration (FRA) or any
other government agency safety requirements.
    (3) Anytime that CSX procedures, equipment or operators fail to
safely open and close the bridge fail.
    (4) Anytime at the direction of the District Commander.

    Dated: March 16, 2021.
John P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2021-06483 Filed 3-31-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: June 2, 2008 (Volume 73, Number 106)]
[Notices]
[Page 31461-31463]
[DOCID:fr02jn08-70]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice Setting Forth Timeline

May 22, 2008.

PSEG Energy Resources & Trade LLC   Docket No. ER99-3151-008
Public Service Electric and Gas     Docket No. ER97-837-007
 Company.
PSEG Power Connecticut LLC.......   Docket No. ER03-327-002
PSEG Fossil LLC..................   Docket No. ER08-447-000
PSEG Nuclear LLC.................   Docket No. ER08-448-000
Allegheny Power..................   Docket No. ER98-1466-005
Allegheny Energy Supply Company,    Docket No. ER00-814-006
 LLC.
Green Valley Hydro, LLC..........   Docket No. ER00-2924-006
Buchanan Generation, LLC.........   Docket No. ER02-1638-005
PPL Electric Utilities              Docket No. ER00-1712-008
 Corporation.
Lower Mount Bethel Energy, LLC...   Docket No. ER02-2408-003
PPL Brunner Island, LLC..........   Docket No. ER00-744-006
PPL Holtwood, LLC................   Docket No. ER00-744-006
PPL Marlins Creek, LLC...........   Docket No. ER00-744-006
PPL Montour, LLC.................   Docket No. ER00-744-006
PPL Susquehanna, LLC.............   Docket No. ER00-744-006
PPL University Park, LLC.........   Docket No. ER02-1327-005
PPL EnergyPlus, LLC..............   Docket No. ER00-1703-003
PPL Edgewood Energy, LLC.........   Docket No. ER02-1749-003
PPL Shoreham Energy, LLC.........   Docket No. ER02-1747-003
PPL Great Works, LLC.............   Docket No. ER99-4503-005
PPL Maine, LLC...................   Docket No. ER00-2186-003
PPL Wallingford Energy LLC.......   Docket No. ER01-1559-004
Atlantic City Electric Company...   Docket No. ER96-1361-013
Delmarva Power & Light Company...   Docket No. ER99-2781-011
Potomac Electric Power Company...   Docket No. ER98-4138-009
Conectiv Energy Supply, Inc......   Docket No. ER00-1770-019
Conectiv Bethlehem, LLC..........   Docket No. ER02-453-010
Pepco Energy Services, Inc.......   Docket No. ER98-3096-015
Bethlehem Renewable Energy, LLC..   Docket No. ER07-903-002
Eastern Landfill Gas, LLC........   Docket No. ER05-1054-003
Potomac Power Resources, LLC.....   Docket No. ER01-202-008
Fauquier Landfill Gas, LLC.......   Docket No. ER04-472-007
Dominion Energy Marketing, Inc...   Docket No. ER01-468-008

Dominion Nuclear Connecticut,       Docket No. ER00-3621-009
 Inc..
Dominion Nuclear Marketing III,     Docket No. ER00-3746-009
 LLC.
Dominion Energy Kewaunee, Inc....   Docket No. ER04-318-004
Dominion Energy Brayton Point,      Docket No. ER05-36-005
 LLC.
Dominion Energy Manchester          Docket No. ER05-37-005
 Street, Inc..
Dominion Energy New England, Inc.   Docket No. ER05-34-005
Dominion Energy Salem............   Docket No. ER05-35-005
Dominion Retail, Inc.............   Docket No. ER04-249-005
Elwood Energy, LLC...............   Docket No. ER99-1695-010
Fairless Energy, LLC.............   Docket No. ER02-23-011
Kincaid Generation, LLC..........   Docket No. ER97-30-006
State Line Energy, LLC...........   Docket No. ER96-2869-013
Virginia Electric and Power         Docket No. ER97-3561-005
 Company.                          Docket No. ER00-1737-011
Baltimore Gas and Electric
 Company. Docket No. ER99-2948-
 012.
Constellation Power Source
 Generation, Inc.. Docket No.
 ER00-2918-011.
Calvert Cliffs Nuclear Power
 Plant, Inc.. Docket No. ER00-
 2917-011.
Constellation Energy Commodities
 Group, Inc.. Docket No. ER97-
 2261-022.
Handsome Lake Energy, LLC. Docket
 No. ER01-556-010.
Nine Mile Point Nuclear Station,    Docket No. ER01-1654-013
 LLC.
Constellation NewEnergy, Inc.....   Docket No. ER02-2567-011
Constellation Energy Commodities    Docket No. ER02-699-005
 Group Maine, LLC.
R.E. Ginna Nuclear Power Plant,     Docket No. ER04-485-008
 LLC.
Raven One, LLC...................   Docket No. ER07-247-003
Raven Two, LLC...................   Docket No. ER07-245-003
Raven Three, LLC.................   Docket No. ER07-244-003
Exelon Generation Company, LLC...   Docket No. ER00-3251-015
AmerGen Energy Company, LLC......   Docket No. ER99-754-016
Commonwealth Edison Company......   Docket No. ER98-1734-014
Exelon Energy Company............   Docket No. ER01-1919-011
PECO Energy Company..............   Docket No. ER01-1147-006
Exelon West Medway, LLC..........   Docket No. ER01-513-021
Exelon Wyman, LLC................   Docket No. ER01-513-021
Exelon New Boston, LLC...........   Docket No. ER01-513-021
Exelon Framingham, LLC...........   Docket No. ER01-513-021
Exelon New England Power            Docket No. ER99-2404-011
 Marketing, L.P..
FirstEnergy Operating Companies..   Docket No. ER01-1403-006
Pennsylvania Power Company, et
 al. Docket No. ER06-1443-002.
Jersey Central Power & Light        Docket No. ER04-366-005
 Company.
FirstEnergy Solutions Corp.......   Docket No. ER01-2968-007
FirstEnergy Generation              Docket No. ER01-845-006
 Corporation.
FirstEnergy Nuclear Generating      Docket No. ER05-1122-004
 Corporation.
FirstEnergy Generating Mansfield    Docket No. ER08-107-001
 Unit 1 Corp..
  (Collectively PJM RTO Filers)..

    On April 30, 2008, PJM Interconnection L.L.C. (PJM) filed a motion
to intervene out-of-time in the above-referenced dockets for the
purpose of submitting its current simultaneous import capability limit
(SIL) study of the PJM regional transmission organization (RTO)
footprint, with the exception of the Eastern PJM submarket (PJM-East).
The April 30 PJM filing was made in response to an April 4, 2008
request for additional information regarding the PJM RTO Filers'
updated market power analyses filed on January 14, 2008.\1\
---------------------------------------------------------------------------

    \1\ PSEG Energy Resources & Trade LLC, Docket No. ER99-3151-008
(April 4, 2008) (unpublished letter order) (April 4 data request).
---------------------------------------------------------------------------

    Specifically, the April 4 data request directed the PJM RTO Filers
to provide a SIL study consistent with Order No. 697, or provide a SIL
study done by PJM that it believes adequately addresses the principles
for how to measure SIL.
    In its April 30 filing, PJM committed to provide a further SIL
study for the PJM-East submarket in a subsequent Commission filing.
    On May 9, 2008, a Notice of Conference Call was issued. That notice
also granted the PJM RTO Filers and PJM an extension of time in which
to respond further to the April 4 data request (e.g., providing a SIL
study for the PJM-East submarket) and stated that the Commission would
issue a future

notice setting forth a timeline for compliance. The conference call
took place on May 15, 2008.
    Regarding PJM's commitment to file a SIL study for the PJM-East
submarket, PJM should submit that SIL study for the PJM-East submarket
within 10 days of the date of this notice, and it may use the same
methodology as it used in its April 30, 2008 filing. Once the PJM-East
SIL study has been filed, a notice will be issued soliciting comments
on both that study and the PJM SIL study that was filed on April 30,
2008. That notice will also instruct the PJM RTO Filers on when they
must comply with the remaining requirements of the April 4 data
request.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-12137 Filed 5-30-08; 8:45 am]

BILLING CODE 6717-01-P