APPENDIX A-1

PREPARATION OF

PENNSYLVANIA POINT SOURCE INVENTORIES

Bureau of Air Quality

Department of Environmental Protection

Division of Air Information

A. Introduction

This document describes the methodology used by the Commonwealth of
Pennsylvania to develop inventories of air pollutants emitted as
required by the U. S. Environmental Protection Agency’s Consolidated
Emission Reporting Rule (CERR) (40 CFR Part 51, Subpart A).  The 2002
inventory will also be the base year inventory for State Implementation
Plan (SIP) revision development for PM2.5, 8-hour ozone and regional
haze.

The CERR requires the Commonwealth to report actual emissions for the
following pollutants:  sulfur oxides, volatile organic compounds (VOC),
nitrogen oxides, carbon monoxide, lead and lead compounds, primary
PM2.5, primary PM10, and ammonia (40 CFR 51.15(a)).  The CERR lists
primary PM as an optional pollutant for reporting purposes.  The CERR
does not require the submission of hazardous air pollutant emissions
data.

Emissions from point sources are reported for 65 of the Commonwealth’s
67 counties.  Point source emissions from sources located in Allegheny
County are reported directly to EPA by the Allegheny County Health
Department.  Point source emissions from sources located in Philadelphia
Counties are reported directly by the Philadelphia County Health
Department, Air Management Services.

The annual emission inventory must be temporally resolved to provide
seasonal data for air quality modeling purposes.  Temporal adjustments
to the annual inventory are made because of seasonal differences in the
rate of emissions or activity, or to apportion emissions to a particular
season or day.  For the 8-hour ozone National Ambient Air Quality
Standard (NAAQS) emissions inventory, VOC, NOx, and CO emissions are
reported as actual annual and actual summer weekday.  Summer weekday
emissions are defined as an average day’s emissions for a typical
summer day during the ozone season.  For the PM2.5 NAAQS and regional
haze rule emission inventories, direct emissions (including
condensibles) of PM10 and PM2.5, and the precursor VOC, NOx, SOx, and
NH3 are reported as actual annual data.

For the ozone SIP inventories, rule effectiveness and rule penetration
are applied.  Rule effectiveness reflects the ability of a regulatory
program to achieve all the emission reductions that could have been
achieved by full compliance with the applicable regulations at all
sources at all times.  Rule penetration is an estimate of the extent to
which a regulation covers emissions from an area source category for a
specified control area.  Rule penetration is applied to the control
efficiency for a regulation to account for less than 100 percent
coverage of the emissions for an area source category.  Because the
inventory was developed prior to EPA’s issuance of the November, 2005
revision to the rule effectiveness guidance, Commonwealth followed the
previous EPA guidance and assumed an 80% rule effectiveness for
applicable sources unless specified to the contrary.

B. Point Sources

A point source is a stationary, identifiable source of air pollution
that usually emits the air pollutants through a stack or vent.  A
facility contains one or more point sources and is not limited to
industrial facilities.  Examples of an air pollution facility are steel
mills, oil refineries, electric generating facilities, and coal
preparation plants.  A non-industrial facility may contain a large
boiler or other air pollution source.

The data for the 2002 and 2004 sulfur oxides, volatile organic compounds
(VOC), nitrogen oxides, carbon monoxide, lead and lead compounds,
primary PM2.5, primary PM10, and ammonia point source emission inventory
is  derived from the Pennsylvania Air Information Management System
(AIMS).  AIMS sources are identified and inventoried by Pennsylvania
regional air quality offices through permitting operations and regional
and central office field inspections and surveys.  The AIMS system is
designed to include all point source emission categories as required by
the CERR.

The AIMS database is linked to the Department’s eFACTS (Environment
Facility, Application, Compliance Tracking System) database.  This
allows Department-wide sharing of data for all program areas.  In
addition, the public is provided better access to the information
through the Department’s Internet website.

The point source inventories for Allegheny and Philadelphia Counties
will be prepared by the Allegheny County Health Department and the
Philadelphia County Health Department, respectively.  The two county
agencies will submit their point source emission inventories directly to
EPA’s National Emission Inventory as required by the CERR.  The county
agencies will also provide their point source data to the Department in
order that effective State Implementation Plan preparation may be
undertaken.

Paper Submittal of Inventory Data

Annually, facilities complete worksheets for each source that operated
and emitted pollutants for the year. Data required for processes include
monthly material throughputs, days and weeks the sources operated,
material processed, maximum throughput per hour, and correct Source
Classification Code (SCC) number. In addition to these process data,
combustion unit data must include fuel used, fuel characteristics such
as sulfur content and Btu. For each source, an estimate of total
criteria and hazardous pollutant emissions must be supplied, along with
the estimation method. If emissions are estimated using anything other
than emissions factors from SCC codes, methodology must be provided. In
addition to emissions estimates for each piece of equipment, site
emissions are required. If there is equipment that is too small for
individual reporting, emissions from this equipment will be reflected in
the site total.

After the facilities provide these data, DEP reviewers input the data
into the AIMS system. At this time, the system may create an error
message if emissions are significantly different from those expected,
based upon emissions factors and throughputs. At this point, the
reviewer must determine if the estimate is accurate and may either
override the error message or contact the facility for corrections,
which are then input by the reviewer.

After all data are entered, reports are generated to show comparisons
between emissions years. If there are significant differences, reviewers
must determine why emissions are different. Explanations may include
changes in production or change in material input. Once all
discrepancies have been corrected or explained, the data are accepted,
and the inventory is considered complete.

Instructions Available

DEP has developed instructions for companies to complete the annual
inventory submission, which describes the database fields in the
AIMS/eFACTS system.  This document is revised annually to reflect any
new guidance for the applicable reporting year.

Information on the emission inventory reporting system can be found at:
 HYPERLINK
"http://www.dep.state.pa.us/dep/deputate/airwaste/aq/emission/Emission_I
nventory.htm"
www.dep.state.pa.us/dep/deputate/airwaste/aq/emission/Emission_Inventory
.htm . Instructions for the system are attached.


[Federal Register Volume 82, Number 228 (Wednesday, November 29, 2017)]
[Notices]
[Pages 56615-56617]
[FR Doc No: 2017-25767]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0505]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Recordkeeping and
Reporting Requirements for Human Food and Cosmetics Manufactured From,
Processed With, or Otherwise Containing Material From Cattle

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by
December 29, 2017.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
Fax:<PHONE_NUMBER>, or emailed to [email protected]. All
comments should be identified with the OMB control number 0910-0623.
Also, include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Recordkeeping and Reporting Requirements for Human Food and Cosmetics
Manufactured From, Processed With, or Otherwise Containing Material
From Cattle--21 CFR 189.5 and 700.27

OMB Control Number 0910-0623--Extension

    FDA's regulations in Sec. Sec.  189.5 and 700.27 (21 CFR 189.5 and
700.27) set forth bovine spongiform encephalopathy (BSE)-related
restrictions applicable to FDA-regulated human food and cosmetics. The
regulations designate certain materials from cattle as ``prohibited
cattle materials,'' including specified risk materials (SRMs), the
small intestine of cattle not otherwise excluded from being a
prohibited cattle material, material from nonambulatory disabled
cattle, and mechanically separated (MS) beef. Sections 189.5(c) and
700.27(c) set forth the requirements for recordkeeping and records
access for FDA-regulated human food, including dietary supplements, and
cosmetics manufactured from, processed with, or otherwise containing
material derived

from cattle. FDA issued these recordkeeping regulations under the
adulteration provisions in sections 402(a)(2)(C), (a)(3), (a)(4),
(a)(5), 601(c), and 701(a) of the Federal Food, Drug, and Cosmetic Act
(the FD&C Act) (21 U.S.C. 342(a)(2)(C), (a)(3), (a)(4), (a)(5), 361(c),
and 371(a)). Under section 701(a) of the FD&C Act, FDA is authorized to
issue regulations for the FD&C Act's efficient enforcement. With regard
to records concerning imported human food and cosmetics, FDA relied on
its authority under sections 701(b) and 801(a) of the FD&C Act (21
U.S.C. 371(b) and 381(a)). Section 801(a) of the FD&C Act provides
requirements with regard to imported human food and cosmetics and
provides for refusal of admission of human food and cosmetics that
appear to be adulterated into the United States. Section 701(b) of the
FD&C Act authorizes the Secretaries of Treasury and Health and Human
Services to jointly prescribe regulations for the efficient enforcement
of section 801 of the FD&C Act.
    These requirements are necessary because once materials are
separated from an animal it may not be possible, without records, to
know the following: (1) Whether cattle material may contain SRMs
(brain, skull, eyes, trigeminal ganglia, spinal cord, vertebral column
(excluding the vertebrae of the tail, the transverse processes of the
thoracic and lumbar vertebrae and the wings of the sacrum), and dorsal
root ganglia from animals 30 months and older and tonsils and distal
ileum of the small intestine from all animals of all ages); (2) whether
the source animal for cattle material was inspected and passed; (3)
whether the source animal for cattle material was nonambulatory
disabled or MS beef; and (4) whether tallow in human food or cosmetics
contain less than 0.15 percent insoluble impurities.
    FDA's regulations in Sec. Sec.  189.5(c) and 700.27(c) require
manufacturers and processors of human food and cosmetics manufactured
from, processed with, or otherwise containing material from cattle
establish and maintain records sufficient to demonstrate that the human
food or cosmetics are not manufactured from, processed with, or
otherwise contains prohibited cattle materials. These records must be
retained for 2 years at the manufacturing or processing establishment
or at a reasonably accessible location. Maintenance of electronic
records is acceptable, and electronic records are considered to be
reasonably accessible if they are accessible from an onsite location.
Records required by these sections and existing records relevant to
compliance with these sections must be available to FDA for inspection
and copying. Existing records may be used if they contain all of the
required information and are retained for the required time period.
    Because FDA does not easily have access to records maintained at
foreign establishments, FDA regulations in Sec. Sec.  189.5(c)(6) and
700.27(c)(6), respectively, require that when filing for entry with
U.S. Customs and Border Protection (CBP), the importer of record of
human food or cosmetics manufactured from, processed with, or otherwise
containing cattle material must affirm that the human food or cosmetics
were manufactured from, processed with, or otherwise containing-cattle
material and must affirm that the human food or cosmetics were
manufactured in accordance with the applicable requirements of
Sec. Sec.  189.5 or 700.27. In addition, if human food or cosmetics
were manufactured from, processed with, or otherwise containing-cattle
material, the importer of record must provide within 5 business days
records sufficient to demonstrate that the human food or cosmetics were
not manufactured from, processed with, or otherwise contains prohibited
cattle material, if requested.
    Under FDA's regulations, FDA may designate a country from which
cattle materials inspected and passed for human consumption are not
considered prohibited cattle materials, and their use does not render
human food or cosmetics adulterated. Sections 189.5(e) and 700.27(e)
provide that a country seeking to be designated must send a written
request to the Director of the Center for Food Safety and Applied
Nutrition (CFSAN Director). The information the country is required to
submit includes information about a country's BSE case history, risk
factors, measures to prevent the introduction and transmission of BSE,
and any other information relevant to determining whether SRMs, the
small intestine of cattle not otherwise excluded from being a
prohibited cattle material, material from nonambulatory disabled
cattle, or MS beef from the country seeking designation should be
considered prohibited cattle materials. FDA uses the information to
determine whether to grant a request for designation and to impose
conditions if a request is granted.
    Sections 189.5 and 700.27 further state that countries designated
under Sec. Sec.  189.5(e) and 700.27(e) will be subject to future
review by FDA to determine whether their designations remain
appropriate. As part of this process, FDA may ask designated countries
to confirm their BSE situation and that the information submitted by
them, in support of their original application, has remained unchanged.
FDA may revoke a country's designation if FDA determines that it is no
longer appropriate. Therefore, designated countries may respond to
periodic FDA requests by submitting information to confirm their
designations remain appropriate. FDA uses the information to ensure
their designations remain appropriate.
    Description of Respondents: Respondents to this information
collection include manufacturers, processors, and importers of FDA
regulated human food, including dietary supplements, and cosmetics
manufactured from, processed with, or otherwise containing material
derived from cattle, as well as, with regard to Sec. Sec.  189.5(e) and
700.27(e), foreign governments seeking designation under those
regulations.
    In the Federal Register of June 15, 2017 (82 FR 27501), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. FDA received three comments. One comment was
unrelated to the information collection; one comment noted that the
length of time to keep records was insufficient but offered no
suggested timeframe; and one comment supported the information
collection. After evaluating these comments FDA will not revise the
information collection.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Number of
               21 CFR section                    Number of     responses per   Total annual          Average burden  per response           Total hours
                                                respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
189.5(c)(6) and 700.27(c)(6)................          54,825               1          54,825  0.033 (2 minutes).........................           1,809
189.5(e) and 700.27(e); request for                        1               1               1  80........................................              80
 designation.

189.5(e) and 700.27(e); response to request                1               1               1  26........................................              26
 for review by FDA.
                                             ------------------------------------------------                                            ---------------
    Total...................................  ..............  ..............  ..............  ..........................................           1,915
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

                                                   Table 2--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Number of
                  Activity                       Number of      records per    Total annual        Average burden  per recordkeeper         Total hours
                                               recordkeepers   recordkeeper       records
--------------------------------------------------------------------------------------------------------------------------------------------------------
Domestic facilities.........................             697              52          36,244  0.25 (15 minutes).........................           9,061
Foreign facilities..........................             916              52          47,632  0.25 (15 minutes).........................          11,908
                                             ------------------------------------------------                                            ---------------
    Total...................................  ..............  ..............  ..............  ..........................................          20,969
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Except where otherwise noted, this estimate is based on FDA's
estimate of the number of facilities affected by the final rule
entitled ``Recordkeeping Requirements for Human Food and Cosmetics
Manufactured From, Processed With, or Otherwise Containing Material
From Cattle'' published in the Federal Register of October 11, 2006 (71
FR 59653).
    Reporting: FDA's regulations in Sec. Sec.  189.5(c)(6) and
700.27(c)(6) impose a reporting burden on importers of human food and
cosmetics manufactured from, processed with, or otherwise containing
cattle material. Importers of these products must affirm that the human
food or cosmetics are not manufactured from, processed with, or
otherwise contain prohibited cattle materials and must affirm that the
human food or cosmetics were manufactured in accordance with the
applicable requirements of Sec. Sec.  189.5 or 700.27. The affirmation
is made by the importer of record at CBP entry. Affirmation by
importers is expected to take approximately 2 minutes per entry line.
Table 1 shows 54,825 lines of human food and cosmetics likely to
contain cattle materials are imported annually. The reporting burden of
affirming whether import entry lines contain cattle-derived materials
is estimated to take 1,809 hours annually (54,825 lines x 2 minutes per
line).
    FDA's estimate of the reporting burden for designation under
Sec. Sec.  189.5 and 700.27 is based on its experience and the average
number of requests for designation received in the past 3 years. In the
last 3 years, FDA has not received any requests for designation. Thus,
FDA estimates that one or fewer will be received annually in the
future. Based on this experience, FDA estimates the annual number of
new requests for designation will be one. FDA estimates that preparing
the information required by Sec. Sec.  189.5 and 700.27 and submitting
it to FDA in the form of a written request to the CFSAN Director will
require a burden of approximately 80 hours per request. Thus, the
burden for new requests for designation is estimated to be 80 hours
annually, as shown in table 1, row 2.
    Under Sec. Sec.  189.5(e) and 700.27(e), designated countries are
subject to future review by FDA and may respond to periodic FDA
requests by submitting information to confirm their designations remain
appropriate. In the last 3 years, FDA has not requested any reviews.
Thus, FDA estimates that one or fewer will occur annually in the
future. FDA estimates that the designated country undergoing a review
in the future will need one-third of the time it took preparing its
request for designation to respond to FDA's request for review, or 26
hours (80 hours x 0.33 = 26.4 hours, rounded to 26). The annual burden
for reviews is estimated to be 26 hours, as shown in table 1, row 3.
The total reporting burden for this information collection is estimated
to be 1,915 hours annually.
    Recordkeeping: FDA estimates that there are 697 domestic facility
relationships and 916 foreign facility relationships consisting of the
following facilities: An input supplier of cattle-derived materials
that requires records (the upstream facility) and a purchaser of
cattle-derived materials requiring documentation (this may be a human
food or cosmetics manufacturer or processor). The recordkeeping burden
of FDA's regulations in Sec. Sec.  189.5(c) and 700.27(c) is the burden
of sending, verifying, and storing documents regarding shipments of
cattle material that is to be used in human food and cosmetics.
    In this estimate of the recordkeeping burden, FDA treats these
recordkeeping activities as shared activities between the upstream and
downstream facilities. It is in the best interests of both facilities
in the relationship to share the burden necessary to comply with the
regulations; therefore, FDA estimates the time burden of developing
these records as a joint task between the two facilities. Thus, FDA
estimates that this recordkeeping burden will be about 15 minutes per
week, or 13 hours per year, and FDA assumes that the recordkeeping
burden will be shared between two entities (i.e., the ingredient
supplier and the manufacturer of finished products). Therefore, the
total recordkeeping burden for domestic facilities is estimated to be
9,061 hours (13 hours x 697), and the total recordkeeping burden for
foreign facilities is estimated to be 11,908 hours (13 hours x 916), as
shown in table 2.

    Dated: November 24, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-25767 Filed 11-28-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 78, Number 7 (Thursday, January 10, 2013)]
[Notices]
[Pages 2308-2310]
[FR Doc No: 2013-00308]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68585; File No. SR-CBOE-2012-108]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Order Approving a Proposed Rule Change To Address the
Authority To Cancel Orders When a Technical or Systems Issue Occurs and
To Describe the Operation of Routing Service Error Accounts

January 4, 2013.

I. Introduction

    On November 8, 2012, the Chicago Board Options Exchange,
Incorporated (``Exchange'' or ``CBOE'') filed with the Securities and
Exchange Commission (``Commission''), pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to (i) address the authority of
the Exchange to cancel orders (or release routing-related orders) when
a technical or systems issue occurs; and (ii) describe the operation of
an Exchange error account(s) and routing broker error account(s), which
may be used to liquidate unmatched executions that may occur in the
provision of the Exchange's routing service. The proposed rule change
was published for comment in the Federal Register on November 26,
2012.\3\ The Commission received no comment letters regarding the
proposed rule change. This order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 68262 (November 19,
2012), 77 FR 70517 (November 26, 2012) (SR-CBOE-2012-108)
(``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposal

    In its proposal, the Exchange states that it operates a ``hybrid''
style system of trading that allows automatic executions to occur
electronically and open outcry trades to occur on the floor of the
Exchange.\4\ As part of this infrastructure, the Exchange states that
it automatically routes orders to other exchanges under certain
circumstances. These routing services are provided in conjunction with
one or more routing brokers that are not affiliated with the
Exchange.\5\ Mechanically, when the Exchange receives an order from a
Trading Permit Holder that is held in the Exchange system and
determines to route an order to another exchange, the Exchange provides
the routing broker with a corresponding order and instructions to route
the order to another exchange. The routing broker then sends the
corresponding order to the other exchange.
---------------------------------------------------------------------------

    \4\ See Notice, 77 FR at 70518.
    \5\ See Notice, 77 FR at 70518 n.4, n.8, and accompanying text.
---------------------------------------------------------------------------

    In its proposal, CBOE states that the Exchange may encounter
situations that make it necessary to cancel orders (or release routing-
related orders),\6\ and to resolve error positions that result from
errors of the Exchange, routing brokers, or another exchange.\7\
---------------------------------------------------------------------------

    \6\ See Notice, 77 FR at 70518. For examples of some of the
circumstances in which the Exchange may decide to cancel orders, see
Notice, 77 FR at 70519.
    \7\ See Notice, 77 FR at 70518. Specifically, CBOE Rule 6.14C
defines ``error positions'' as ``unmatched trade positions that may
occur in connection with the routing service provided under Rule
6.14B''.
    For examples of some of the circumstances that may lead to error
positions, see Notice, 77 FR at 70520-21.
---------------------------------------------------------------------------

Proposed Rule 6.6A (Order Cancellation/Release)

    New CBOE Rule 6.6A provides CBOE with general authority to cancel
orders as it deems to be necessary to maintain fair and orderly markets
if a technical or systems issue occurs at the Exchange, a routing
broker in connection with the routing service provided under CBOE Rule
6.14B, or another exchange to which an Exchange order has been routed.
It also provides that a routing broker may only cancel orders being
routed to another exchange based on the Exchange's standing or specific
instructions or as otherwise provided in the Exchange Rules. CBOE will
be required to provide notice of the cancellation to affected Trading
Permit Holders as soon as practicable.\8\
---------------------------------------------------------------------------

    \8\ See CBOE Rule 6.6A(a).
---------------------------------------------------------------------------

    Paragraph (b) of the rule provides that the Exchange may also
determine to release orders being held on the

Exchange awaiting an away exchange execution as it deems to be
necessary to maintain fair and orderly markets if a technical or
systems issues occurs at the Exchange, a routing broker, or another
exchange to which an order has been routed. Paragraph (c) of the rule
provides that, for purposes of Rule 6.6A, technical or system issues
would include, without limitation, instances where the Exchange has not
received confirmation of an execution (or cancellation) on another
exchange from a routing broker within a response time interval
designated by the Exchange, which interval may not be less than three
(3) seconds.

Proposed Rule 6.14C (Routing Service Error Accounts)

    New CBOE Rule 6.14C provides that each routing broker shall
maintain, in the name of the routing broker, one or more accounts for
the purpose of liquidating error positions. In addition the Exchange
may also maintain, in the name of the Exchange, one or more Exchange
error accounts (``Exchange Error Account'') for the purposes of
liquidating error positions, subject to the procedures prescribed in
new CBOE Rule 6.14C.
    Paragraph (a) of the rule provides that errors to which the rule
applies include any action or omission by the Exchange, a routing
broker, or another exchange to which an Exchange order has been routed,
that results in an unmatched trade position due to the execution of an
order that is subject to the away market routing service and for which
there is no corresponding order to pair with the execution (each a
``routing error''); and that such routing errors would include, without
limitation, positions resulting from determinations by the Exchange to
cancel or release an order pursuant to CBOE Rule 6.6A.
    Paragraph (b) of the rule provides that, generally, each routing
broker will use its own error account to liquidate error positions. In
certain circumstances, however, the Exchange may use an Exchange Error
Account. In particular, in instances where the routing broker is unable
to use its own error account (e.g., due to a technical, systems, or
other issue that prevents the routing broker from doing so) \9\ or
where the error is due to a technical or systems issue at the Exchange,
the Exchange may (but would not be required to) determine it is
appropriate to use an Exchange Error Account. The Exchange states that
in making such a determination to use an Exchange Error Account, the
Exchange would consider whether it has sufficient time, information,
and capabilities considering the market circumstances to determine that
an error is due to such circumstances and whether the Exchange can
address the error.\10\
---------------------------------------------------------------------------

    \9\ See Notice, 77 FR at 70519.
    \10\ See Notice, 77 FR at 70520.
---------------------------------------------------------------------------

    Pursuant to paragraph (c), the Exchange will not be permitted to
accept any positions in an Exchange Error Account from an account of a
Trading Permit Holder or permit any Trading Permit Holder to transfer
any positions from the Trading Permit Holder's account to an Exchange
Error Account. In other words, the Exchange may not accept from a
Trading Permit Holder positions that are delivered to the Trading
Permit Holder through the clearance and settlement process, even if
those positions may have been the result of an error.\11\
---------------------------------------------------------------------------

    \11\ See Notice, 77 FR at 70520 n.17. This provision would not
apply if the Exchange incurred a position to settle a Trading Permit
Holder purchase, as the Trading Permit Holder did not yet have a
position in its account as a result of the purchase at the time of
the Exchange's action. See id.
---------------------------------------------------------------------------

    To the extent a routing broker uses its own account to liquidate
error positions, paragraph (d) of new CBOE Rule 6.14 provides that the
routing broker shall liquidate the error positions as soon as
practicable. The routing broker could determine to liquidate the
position itself or have a third-party broker-dealer liquidate the
position on the routing broker's behalf. Paragraph (d) also provides
that the routing broker shall establish and enforce policies and
procedures reasonably designed to (i) adequately restrict the flow of
confidential and proprietary information associated with the
liquidation of the error position in accordance with Rule 6.14B,\12\
and (ii) prevent the use of information associated with other orders
subject to the routing services when making determinations regarding
the liquidation of error positions. In addition, paragraph (d) provides
that the routing broker shall make and keep records associated with the
liquidation of such routing broker error positions and shall maintain
such records in accordance with Rule 17a-4 under the Act.\13\
---------------------------------------------------------------------------

    \12\ Rule 6.14B(b) provides that the Exchange shall establish
and maintain procedures and internal controls reasonably designed to
adequately restrict the flow of confidential and proprietary
information between the Exchange and the routing broker, and any
other entity, including any affiliate of the routing broker, and, if
the routing broker or any of its affiliates engages in any other
business activities other than providing routing services to the
Exchange, between the segment of the routing broker or affiliate
that provides the other business activities and the segment of the
routing broker that provides the routing services.
    \13\ 17 CFR 240.17a-4.
---------------------------------------------------------------------------

    Paragraph (e) of the rule provides that, to the extent an Exchange
Error Account is used to liquidate error positions, the Exchange shall
liquidate the error positions as soon as practicable. In liquidating
error positions in an Exchange Error Account, the Exchange shall
provide complete time and price discretion for the trading to a third-
party broker-dealer and shall not attempt to exercise any influence or
control over the timing or methods of such trading.\14\ Such a third-
party broker-dealer may include a routing broker not affiliated with
the Exchange. Paragraph (e) also provides that the Exchange shall
establish and enforce policies and procedures reasonably designed to
adequately restrict the flow of confidential and proprietary
information between the Exchange and the third-party broker-dealer
associated with the liquidation of the error positions.
---------------------------------------------------------------------------

    \14\ This provision is not intended to preclude the Exchange
from providing the third-party broker-dealer with standing
instructions with respect to the manner in which it should handle
all error account transactions. For example, the Exchange might
instruct the broker-dealer to treat all orders as ``not held'' and
to attempt to minimize any market impact on the price of the option
being traded.
---------------------------------------------------------------------------

    Finally, paragraph (e) provides that the Exchange shall make and
keep records to document all determinations to treat positions as error
positions under the rule (whether or not an Exchange Error Account is
used to liquidate such error positions), as well as records associated
with the liquidation of Exchange Error Account error positions through
a third-party broker-dealer, and shall maintain such records in
accordance with Rule 17a-1 under the Act.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 240.17a-1.
---------------------------------------------------------------------------

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of Section 6(b) of the Act
\16\ and the rules and regulations thereunder applicable to a national
securities exchange.\17\ In particular, the Commission finds that the
proposed rule change is consistent with Section 6(b)(5) of the Act,\18\
which requires, among other things, that the rules of a national
securities exchange be designed to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of

trade, to foster cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect to,
and facilitating transactions in securities, to remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest; and are not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers. In addition, the Commission
believes the proposed rule change is consistent with Section
11A(a)(1)(C) of the Act \19\ in that it seeks to assure economically
efficient execution of securities transactions.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f(b).
    \17\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \18\ 15 U.S.C. 78f(b)(5).
    \19\ 15 U.S.C. 78k-1(a)(1)(C).
---------------------------------------------------------------------------

    The Commission recognizes that technical or systems issues may
occur, and believes that CBOE Rule 6.6A, in allowing CBOE to cancel or
release orders affected by technical or systems issues, should provide
a reasonably efficient means for CBOE to handle such orders, and
appears reasonably designed to permit CBOE to maintain fair and orderly
markets.\20\
---------------------------------------------------------------------------

    \20\ The Commission notes that CBOE states it believes that
allowing the Exchange to cancel or release orders under such
circumstances would allow the Exchange to maintain fair and orderly
markets, and that CBOE Rule 6.14C is designed ensure full trade
certainty for market participants and avoid disrupting the clearance
and settlement process. See Notice, 77 FR at 70521. The Commission
also notes that CBOE states that a decision to cancel or release
orders due to a technical or systems issue is not equivalent to the
Exchange declaring self-help against a routing destination pursuant
to Rule 611 of Regulation NMS. See 17 CFR 242.611(b). See also
Notice, 77 FR at 70519 n.9.
---------------------------------------------------------------------------

    The Commission also believes that allowing the Exchange to resolve
error positions through the use of error accounts maintained by its
routing brokers or the Exchange itself pursuant to the procedures set
forth in the rule, and as described above, is consistent with the Act.
The Commission notes that the rule establishes criteria for determining
which positions are error positions to which the rule applies, and the
procedures for the handling of such positions. In particular, the
Commission notes that CBOE Rule 6.14C only applies to error positions
that result from the Exchange's routing service, and that such
positions shall be liquidated by the routing broker or the Exchange, as
applicable, as soon as practicable.\21\ In this regard, the Commission
believes that the new rule appears reasonably designed to further just
and equitable principles of trade and the protection of investors and
the public interest, and to help prevent unfair discrimination, in that
it should help assure the handling of error positions will be based on
clear and objective criteria, and that the resolution of those
positions will occur promptly through a transparent process.
---------------------------------------------------------------------------

    \21\ See CBOE Rule 6.14C.
---------------------------------------------------------------------------

    The Commission is also concerned about the potential for misuse of
confidential and proprietary information. The Commission notes that
CBOE or a routing broker, as applicable, will establish and enforce
policies and procedures reasonably designed to (1) adequately restrict
the flow of confidential and proprietary information associated with
the liquidation of the error positions, and (2) in the case of
liquidations by a routing broker, prevent the use of information
associated with other orders subject to the routing services when
making determinations regarding the liquidation of error positions.\22\
Furthermore, to the extent the Exchange uses an Exchange Error Account
to liquidate error positions, the Exchange shall provide complete time
and price discretion for the trading to liquidate error positions in an
Exchange Error Account to a third-party broker-dealer and shall not
attempt to exercise any influence or control over the timing or methods
of such trading.\23\ The Commission believes that these requirements
should help mitigate the Commission's concerns. In particular, the
Commission believes that these requirements should help assure that
none of CBOE, its routing brokers, or any third-party broker-dealer is
able to misuse confidential or proprietary information obtained in
connection with the liquidation of error positions for its own benefit.
The Commission also notes that routing brokers would be required to
make and keep records associated with the liquidation of routing broker
error positions \24\ and CBOE would be required to make and keep
records to document all determinations to treat positions as error
positions under this Rule (whether or not an Exchange Error Account is
used to liquidate such error positions), as well as records associated
with the liquidation of Exchange Error Account error positions through
a third-party broker-dealer.\25\
---------------------------------------------------------------------------

    \22\ See CBOE Rules 6.14C(d)(i); 6.14C(e)(ii).
    \23\ See CBOE Rule 6.14C(e)(i).
    \24\ See CBOE Rule 6.14C(d)(ii).
    \25\ See CBOE Rule 6.14C(e)(iii).
---------------------------------------------------------------------------

    Finally, the Commission notes that the proposed procedures for
canceling orders and the handling of error positions are consistent
with procedures the Commission has approved for other exchanges.\26\
---------------------------------------------------------------------------

    \26\ See, e.g., Securities Exchange Act Release Nos. 67281 (June
27, 2012), 77 FR 39543 (July 3, 2012) (SR-NASDAQ-2012-057); 66963
(May 10, 2012), 77 FR 28919 (May 16, 2012) (SR-NYSEArca-2012-22);
67010 (May 17, 2012), 77 FR 30564 (May 23, 2012) (SR-EDGX-2012-08);
and 67011 (May 17, 2012), 77 FR 30562 (May 23, 2012) (SR-EDGA-2012-
09).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\27\ that the proposed rule change (SR-CBOE-2012-108) be, and it
hereby is, approved.
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78s(b)(2).
    \28\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\28\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-00308 Filed 1-9-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Proposed Rules]
[Pages 76932-76933]
[FR Doc No: 2011-31653]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 85, 86, and 600

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 523, 531, 533, 536, and 537

[EPA-HQ-OAR-2010-0799; FRL-9505-1; NHTSA-2010-0131]
RIN 2060-AQ54; RIN 2127-AK79

Public Hearings for 2017 and Later Model Year Light-Duty Vehicle
Greenhouse Gas Emissions and Corporate Average Fuel Economy Standards

AGENCY: Environmental Protection Agency (EPA) and National Highway
Traffic Safety Administration (NHTSA), DOT.

ACTION: Announcement of public hearings

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

SUMMARY: EPA and NHTSA are announcing public hearings to be held for
the joint proposed rules ``2017 and Later Model Year Light-Duty Vehicle
Greenhouse Gas Emissions and Corporate Average Fuel Economy
Standards,'' published in the Federal Register on December 1, 2011. The
agencies will also accept comment on NHTSA's Draft Environmental Impact
Statement (Draft EIS), available on NHTSA's Web site at http://www.nhtsa.gov/fuel-economy. Three hearings will be held, on January 17,
January 19, and January 24, 2012. The agencies will assume that all
oral comments presented at the hearing are addressed to the joint
proposed rules only, unless speakers specifically reference NHTSA's
Draft EIS in oral or written testimony.

DATES: NHTSA and EPA will jointly hold three public hearings on the
following dates: January 17, 2012 in Detroit, Michigan; January 19,
2012 in Philadelphia, Pennsylvania; and January 24, 2012 in San
Francisco, California. The hearings will start at 10 a.m. local time
and continue until 5 p.m. or until everyone has had a chance to speak.
If you would like to present oral testimony at one of these public
hearings, please contact the person identified under FOR FURTHER
INFORMATION CONTACT, at least ten days before the hearing.

ADDRESSES: The January 17, 2012 hearing will be held at the Courtyard
Detroit Downtown, 333 East Jefferson Avenue, Detroit, Michigan 48226.
The January 19, 2012 hearing will be held at the Crowne Plaza
Philadelphia Downtown, 1800 Market Street, Philadelphia, Pennsylvania
19103. The January 24, 2012 hearing will be held at the Hyatt at
Fisherman's Wharf, 555 North Point Street, San Francisco, California
94133. The hearings will be held at sites accessible to individuals
with disabilities. In addition, the agencies will provide the
opportunity for the public to listen to each hearing through the
following conference call-in line: 1-(866) 299-3188; conference code
734 214 4423. Please note that this conference line will allow
the public to listen only; persons listening will not be able to give
an oral presentation via the conference line.

FOR FURTHER INFORMATION CONTACT: If you would like to present oral
testimony at a public hearing, please contact JoNell Iffland at EPA by
the date specified under DATES, at: Office of

Transportation and Air Quality, Assessment and Standards Division
(ASD), Environmental Protection Agency, 2000 Traverwood Drive, Ann
Arbor, MI 48105; telephone number:<PHONE_NUMBER>; fax number: (734)
214-4816; email address<EMAIL_ADDRESS>Please provide the
following information: Name, affiliation, address, email address,
telephone and fax numbers, time you wish to speak (morning, afternoon)
if there is a preference, and whether you require accommodations such
as a sign language interpreter or translator.
    Questions concerning the proposed rules should be addressed to
NHTSA: Rebecca Yoon, Office of the Chief Counsel, National Highway
Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington,
DC 20590. Telephone:<PHONE_NUMBER>. EPA: Chris Lieske, Office of
Transportation and Air Quality, Assessment and Standards Division
(ASD), Environmental Protection Agency, 2000 Traverwood Drive, Ann
Arbor, MI 48105; telephone number:<PHONE_NUMBER>; fax number: (734)
214-4816; email address<EMAIL_ADDRESS>You may learn more
about the proposal by visiting NHTSA's or EPA's web pages at http://www.nhtsa.gov/fuel-economy or http://www.epa.gov/otaq/climate/regulations.htm or by searching the public dockets (NHTSA-2010-0131
(for the proposed rule) or NHTSA-2011-0056 (for the Draft EIS); EPA-HQ-
OAR-2010-0799) at http://www.regulations.gov.

SUPPLEMENTARY INFORMATION: The purpose of the public hearings is to
provide the public an opportunity to present oral comments regarding
NHTSA and EPA's proposals for ``2017 and Later Model Year Light-Duty
Vehicle Greenhouse Gas Emissions and Corporate Average Fuel Economy
Standards.'' (December, 1, 2011; 76 FR 74854) These hearings also offer
an opportunity for the public to provide oral comments regarding
NHTSA's Draft EIS, accompanying the proposed NHTSA fuel economy
standards. The agencies will assume that all oral comments presented at
the hearing are addressed to the joint proposed rules only, unless
speakers specifically reference NHTSA's Draft EIS in oral or written
testimony.
    The joint proposed rules issued by EPA and by NHTSA on behalf of
the Department of Transportation, would further reduce greenhouse gas
emissions from and improve fuel economy for light-duty vehicles for
model years 2017-2025. The proposal extends the National Program beyond
the greenhouse gas and corporate average fuel economy standards for
these vehicles set for model years 2012-2016. On May 21, 2010,
President Obama issued a Presidential Memorandum requesting that NHTSA
and EPA develop through notice and comment rulemaking a coordinated
National Program to reduce greenhouse gas emissions of light-duty
vehicles for model years 2017-2025. The proposal, consistent with the
President's request, responds to the country's critical needs to
address global climate change and to reduce oil consumption. NHTSA is
proposing Corporate Average Fuel Economy standards under the Energy
Policy and Conservation Act, as amended by the Energy Independence and
Security Act, and EPA is proposing greenhouse gas emissions standards
under the Clean Air Act. These standards would apply to passenger cars,
light-duty trucks, and medium-duty passenger vehicles, and, if
ultimately adopted, would represent a continued harmonized and
consistent National Program. Under the National Program for model years
2017-2025, automobile manufacturers would be able to continue building
a single light-duty national fleet that satisfies all requirements
under both programs while ensuring that consumers still have a full
range of vehicle choices. EPA is also proposing minor changes to the
light-duty vehicle regulations applicable to model years 2012-2016,
with respect to air conditioner performance, regulatory treatment of
emergency vehicles, and measurement of nitrous oxides.
    The proposal for which EPA and NHTSA are holding the public
hearings was published in the Federal Register on December 1, 2011 (76
FR 74854) and is also available at the Web pages listed above under FOR
FURTHER INFORMATION CONTACT and also in the rulemaking dockets. NHTSA's
Draft Environmental Impact Statement is available on NHTSA's web page
and in NHTSA's docket for the EIS, both referenced above. Once NHTSA
and EPA learn how many people have registered to speak at each public
hearing, we will allocate an appropriate amount of time to each
participant, allowing time for necessary breaks. In addition, we will
reserve a block of time for anyone else in the audience who wishes to
give an oral presentation. For planning purposes, each speaker should
anticipate speaking for approximately ten minutes, although we may need
to shorten that time if there is a large turnout. We request that you
bring three copies of your statement or other material for the EPA and
NHTSA panels. To accommodate as many speakers as possible, we prefer
that speakers not use technological aids (e.g., audio-visuals, computer
slideshows). However, if you wish to do so, you must notify the contact
persons in the FOR FURTHER INFORMATION CONTACT section above. You also
must make arrangements to provide your presentation or any other aids
to NHTSA and EPA in advance of the hearing in order to facilitate set-
up.
    NHTSA and EPA will conduct the hearings informally, and technical
rules of evidence will not apply. We will arrange for a written
transcript of each hearing and keep the official record of each hearing
open for 30 days to allow speakers to submit supplementary information.
Panel members may ask clarifying questions during the oral
presentations, but will not respond to the presentations at that time.
You may make arrangements for copies of the transcripts directly with
the court reporter. Written statements and supporting information
submitted during the comment period will be considered with the same
weight as oral comments and supporting information presented at the
public hearings. To be assured of consideration, written comments on
the proposal must be received by January 30, 2012 (76 FR 74854).
Written comments on NHTSA's Draft EIS must be received or uploaded to
NHTSA's docket for the EIS by January 31, 2012.

    Dated: December 5, 2011.
Ronald Medford,
Deputy Administrator, National Highway Traffic Safety Administration.
    Dated: December 5, 2011.
Margo T. Oge,
Director, Office of Transportation and Air Quality, Environmental
Protection Agency.
[FR Doc. 2011-31653 Filed 12-8-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 201 (Thursday, October 19, 2023)]
[Notices]
[Pages 72056-72057]
[FR Doc No: 2023-23100]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2514-029]

Appalachian Power Company; Notice of Application Accepted for
Filing, Soliciting Motions To Intervene and Protests, Ready for
Environmental Analysis, and Soliciting Comments, Recommendations,
Preliminary Terms and Conditions, and Preliminary Fishway Prescriptions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2514-029.
    c. Date filed: February 28, 2022. Supplemented on February 28,
2023.
    d. Applicant: Appalachian Power Company (Appalachian).
    e. Name of Project: Byllesby-Buck Hydroelectric Project (Byllesby-
Buck Project or project).
    f. Location: On the New River in Carroll County, Virginia.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Ms. Elizabeth Parcell, Process Supervisor,
American Electric Power Service Corporation, 40 Franklin Road SW,
Roanoke, Virginia 24011,<PHONE_NUMBER>, [email protected].
    i. FERC Contact: Jody Callihan at<PHONE_NUMBER> or email at
[email protected].
    j. Deadline for filing motions to intervene and protests, comments,
recommendations, preliminary terms and conditions, and preliminary
prescriptions: 60 days from the issuance date of this notice; reply
comments are due 105 days from the issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, recommendations, preliminary
terms and conditions, and preliminary fishway prescriptions using the
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Submissions sent via any other
carrier must be addressed to: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland
20852. All filings must clearly identify the project name and docket
number on the first page: Byllesby-Buck Hydroelectric Project (P-2514-
029).
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application has been accepted for filing and is now ready
for environmental analysis.
    The Council on Environmental Quality (CEQ) issued a final rule on
April 20, 2022, revising the regulations under 40 CFR parts 1502, 1507,
and 1508 that federal agencies use to implement the National
Environmental Policy Act (NEPA) (see National Environmental Policy Act
Implementing Regulations Revisions, 87 FR 23453-70). The final rule
became effective on May 20, 2022. Commission staff intends to conduct
its NEPA review in accordance with CEQ's new regulations.
    l. The Byllesby-Buck Project consists of two developments (Byllesby
and Buck) that have a combined total installed capacity of 26.1
megawatts (MW). The Byllesby Development is located 3 river miles
upstream of the Buck Development. The project had an average annual
generation of 92,820 megawatt-hours (MWh) between 2016 and 2020.
    The Byllesby Development consists of: (1) a 64-foot-high, 528-foot-
long concrete dam, sluice gate, and main spillway section topped with
four sections of 9-foot-high flashboards, five sections of 9-foot-high
inflatable Obermeyer crest gates, and six bays of 10-foot-high Tainter
gates; (2) an auxiliary spillway including six sections of 9-foot-high
flashboards; (3) a 239-acre impoundment with a gross storage capacity
of 2,000 acre-feet; (4) a powerhouse containing four turbine-generator
units with a total installed capacity of 18.0 megawatts (MW); (5) a
control house and switchyard; and (6) appurtenant facilities.
    The Buck Development consists of: (1) a 42-foot-high, 353-foot-long
concrete dam and sluice gate; (2) a 1,005-foot-long, 19-foot-high
spillway section topped with twenty sections of 9-foot-high
flashboards, four sections of 9-foot-high inflatable crest gates, and
six bays of 10-foot-high Tainter gates; (3) a 66-acre impoundment with
a gross storage capacity of 661 acre-feet; (4) a powerhouse containing
three turbine-generator units with a total installed capacity of 8.1
MW; (5) two 2-mile-long overhead 13.2-kilovolt transmission lines
extending from the Buck powerhouse to the Byllesby control house; and
(6) appurtenant facilities.
    The Byllesby-Buck Project is currently operated in a run-of-river
(ROR) mode, with the Byllesby impoundment maintained between elevations
of 2,078.2 feet and 2,079.2 feet National Geodetic Vertical Datum of
1929 (NGVD 29) and the Buck impoundment maintained between elevations
of 2,002.4 feet and 2,003.4 feet NGVD 29. A minimum flow of 360 cubic
feet per second (cfs), or project inflow if less, is provided
downstream of each powerhouse. There is a bypassed reach at each
development (590 feet long at Byllesby and 4,100 feet long at Buck),
but there is currently no dedicated minimum flow for either of the
bypassed reaches, which receive leakage flow of approximately 11 cfs
(Byllesby) and 17 cfs (Buck). Article 406 of the current license
specifies the down-ramping rates and procedures currently required at
the Buck Development to minimize stranding of adult walleye (in the
bypassed reach) following large spill events that occur during the
spawning season (late winter through spring).
    Appalachian proposes to continue operating the project in a ROR
mode and providing a 360-cfs minimum flow

downstream of each powerhouse (Byllesby and Buck). In addition,
Appalachian proposes to release a continuous, year-round minimum flow
of 35 cfs into the Byllesby bypassed reach. At the Buck Development,
Applachian proposes to modify the existing down-ramping procedures and
provide a seasonal minimum flow of 100 cfs in the bypassed reach (from
February 15 through May 15 of each year) to increase habitat
connectivity and water depths in the reach to provide adult walleye
with additional escape routes during the spawning season. In addition
to these measures, Appalachian proposes environmental measures for the
protection and enhancement of other aquatic resources as well as
terrestrial, recreation, and cultural resources.
    Appalachian also proposes to upgrade three (of the four) turbine-
generator units at the Byllesby Development and two (of the three)
turbine-generator units at the Buck Development. The proposed upgrades
are expected to increase the total installed capacity from 26.1 MW to
29.8 MW and the project's average annual generation by 25,927 MWh. In
addition, Appalachian proposes to replace three flashboard sections at
the Byllesby Development and six flashboard sections at the Buck
Development with inflatable (Obermeyer) crest gates. Lastly,
Appalachian proposes to add to the current project boundary: (1) the
Byllesby control house and switchyard and (2) two 2-mile-long, overhead
13.2-kilovolt transmission lines that extend from the Buck powerhouse
to the Byllesby control house.
    m. This filing may be viewed on the Commission's website at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket number
excluding the last three digits in the docket number field to access
the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and
issuances related to this or other pending projects. For assistance,
call 1-866-208-3676 or email [email protected], for TTY, call
(202) 502-8659. Agencies may obtain copies of the application directly
from the applicant.
    n. Anyone may submit comments, a protest, or a motion to intervene
in accordance with the requirements of Rules of Practice and Procedure,
18 CFR 385.210, .211, and .214. In determining the appropriate action
to take, the Commission will consider all protests or other comments
filed, but only those who file a motion to intervene in accordance with
the Commission's Rules may become a party to the proceeding. Any
comments, protests, or motions to intervene must be received on or
before the specified comment date for the particular application.
    All filings must (1) bear in all capital letters the title
``PROTEST,'' ``MOTION TO INTERVENE,'' ``COMMENTS,'' ``REPLY COMMENTS,''
``RECOMMENDATIONS,'' ``PRELIMINARY TERMS AND CONDITIONS,'' or
``PRELIMINARY FISHWAY PRESCRIPTIONS;'' (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the
application directly from the applicant. A copy of any protest or
motion to intervene must be served upon each representative of the
applicant specified in the particular application. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.
    o. Procedural Schedule:
    The application will be processed according to the following
schedule. Revisions to the schedule may be made as appropriate.

------------------------------------------------------------------------
                    Milestone                           Target date
------------------------------------------------------------------------
Filing of Comments, Recommendations, Preliminary  December 12, 2023.
 Terms and Conditions, and Preliminary Fishway
 Prescriptions.
Filing of Reply Comments........................  January 26, 2024.
------------------------------------------------------------------------

    p. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice.
    q. The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: October 13, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-23100 Filed 10-18-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Notices]
[Page 30229]
[FR Doc No: 2015-12714]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14665-000]

Arkansas Electric Cooperative Corporation; Notice of Preliminary
Permit Application Accepted for Filing and Soliciting Comments, Motions
To Intervene, and Competing Applications

    On March 3, 2015, Arkansas Electric Cooperative Corporation, filed
an application for a preliminary permit, pursuant to section 4(f) of
the Federal Power Act (FPA), proposing to study the feasibility of a
hydropower project to be located at the U.S. Army Corps of Engineers'
(Corps) Col. Charles D. Maynard Lock and Dam #5 on the Arkansas River
near the town of Pine Bluff in Jefferson County, Arkansas. The sole
purpose of a preliminary permit, if issued, is to grant the permit
holder priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The proposed project would consist of the following: (1) A 800-
foot-long, 400-foot-wide intake channel; (2) a 200-foot-long, 210-foot-
wide powerhouse containing four generating units with a total capacity
of 36 megawatts; (3) a 1,000-foot-long, 400-foot-wide tailrace; (4) a
6.9/115 kilo-Volt (kV) substation; and (5) a 4-mile-long, 115kV
transmission line. The proposed project would have an estimated average
annual generation of 140,000 megawatt-hours, and operate as directed by
the Corps.
    Applicant Contact: Mr. Jonathan Oliver, Arkansas Electric
Cooperative Corporation, One Cooperative Way, Little Rock, AR 72209;
Phone:<PHONE_NUMBER>; Email<EMAIL_ADDRESS>    FERC Contact: Christiane Casey<EMAIL_ADDRESS>(202)
502-8577.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and five copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426. The first page of any filing should include docket number P-
14665-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14665) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: May 20, 2015.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2015-12714 Filed 5-26-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: February 20, 2009 (Volume 74, Number 33)]
[Proposed Rules]
[Page 7831-7833]
[DOCID:fr20fe09-30]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0121; Directorate Identifier 2008-NE-36-AD]
RIN 2120-AA64

Airworthiness Directives; General Electric Company (GE) CF6-
80C2B5F Turbofan Engines

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for GE CF6-80C2B5F turbofan engines. This proposed AD would require
removing certain part number (P/N) high-pressure compressor rotor
(HPCR) 11-14 spool/shafts before they exceed a new, reduced life limit.
This proposed AD results from an internal GE audit that compared the
life limited parts certification documentation to the airworthiness
limitations section (ALS) of the instructions for continuing
airworthiness (ICA). We are proposing this AD to prevent HPCR 11-14
spool/shaft fatigue cracks caused by exceeding the life limit, which
could result in a possible uncontained failure of the HPCR spool/shaft
and damage to the airplane.

DATES: We must receive any comments on this proposed AD by April 21,
2009.

ADDRESSES: Use one of the following addresses to comment on this
proposed AD.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Robert Green, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 12
New England Executive Part, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send us any written relevant data, views, or
arguments regarding this proposal. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2009-0121; Directorate
Identifier 2008-NE-36-AD'' in the subject line of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of the proposed AD. We will consider
all comments received by the closing date and may amend the proposed AD
in light 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
with FAA personnel concerning this proposed AD. Using the search
function of the Web site, anyone can find and read the comments in any
of our dockets, including, if provided, the name of the individual who
sent the comment (or signed the comment on behalf of an association,
business, labor union, etc.). You may review the DOT's complete Privacy
Act Statement in the Federal Register published on April 11, 2000 (65
FR 19477-78).

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m.

and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this proposed AD, the regulatory evaluation, any
comments received, and other information. The street address for the
Docket Operations office (telephone<PHONE_NUMBER>) is the same as the
Mail address provided in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

Discussion

    The ALS in the ICA for CF6-80C2 series engines incorrectly cited a
cyclic life of 20,000 cycles for the HPCR 11-14 spool/shaft, P/N
1703M74G03, installed in CF6-80C2B5F engines. The certified life for
this spool/shaft in CF6-80C2B5F engines is 19,500 cycles. The HPCR 11-
14 spool/shaft, P/N 1703M74G03, wasn't originally certified for CF6-
80C2B5F engines, but was included in the ALS under the CF6-80C2B5F
engine model listing with a 20,000 cycle limit. When the spool/shaft
was certified for the CF6-80C2B5F, it was certified for 19,500 cycles.
GE changed the ALS to 19,500 cycles. Exceeding the 19,500 cycle life
limit could result in fatigue cracks starting and growing until the
spool/shaft fails. This condition, if not corrected, could result in
possible uncontained HPCR spool/shaft failure and damage to the
airplane.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an
unsafe condition that is likely to exist or develop on other products
of this same type design. We are proposing this AD, which would require
removing from service CF6-80C2B5F engines with HPCR 11-14 spool/shafts,
P/N 1703M74G03, before they exceed 19,500 cycles.

Costs of Compliance

    We estimate that this proposed AD would affect one engine installed
on an airplane of U.S. registry. We also estimate that the proposed
actions would require no work-hours per engine. No parts are required.
Based on these figures, we estimate there is no cost of the proposed AD
to U.S. operators.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    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 have 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 that the proposed AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD. You may get a copy of this summary at the
address listed under ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Under the authority delegated to me by the Administrator, the
Federal Aviation Administration proposes to amend 14 CFR part 39 as
follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new
airworthiness directive:

General Electric Company: Docket No. FAA-2009-0121; Directorate
Identifier 2008-NE-36-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive
comments on this airworthiness directive (AD) action by April 21,
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to General Electric Company (GE) CF6-80C2B5F
turbofan engines with a high-pressure compressor rotor (HPCR) 11-14
spool/shaft, part number (P/N) 1703M74G03, installed. These engines
are installed on, but not limited to, Boeing 747 series airplanes.

Unsafe Condition

    (d) This AD results from an internal GE audit that compared the
life limited parts certification documentation to the airworthiness
limitations section (ALS) of the instructions for continuing
airworthiness (ICA). We are issuing this AD to prevent HPCR 11-14
spool/shaft fatigue cracks caused by exceeding the life limit, which
could result in a possible uncontained failure of the HPCR spool/
shaft and damage to the airplane.

Compliance

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

New Reduced Life Limit for the HPCR 11-14 Spool/Shaft

    (f) Remove any CF6-80C2B5F turbofan engine that has an HPCR 11-
14 spool/shaft, P/N 1703M74G03, before the spool/shaft meets or
exceeds the new, reduced life cycle limit of 19,500 cycles.

Installation Prohibition

    (g) After the effective date of this AD, do not install any CF6-
80C2B5F turbofan engine that has an HPCR 11-14 spool/shaft, P/N
1703M74G03, that meets or exceeds 19,500 cycles.

Alternative Methods of Compliance

    (h) The Manager, Engine Certification Office, has the authority
to approve alternative methods of compliance for this AD if
requested using the procedures found in 14 CFR 39.19.

Special Flight Permits

    (i) Under 14 CFR part 39.23, we are prohibiting special flight
permits for this AD.

Related Information

    (j) Contact Robert Green, Aerospace Engineer, Engine
Certification Office, FAA, Engine & Propeller Directorate, 12 New
England Executive Part, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>,
for more information about this AD.

    Issued in Burlington, Massachusetts, on February 12, 2009.
Francis A. Favara,
Manager, Engine and Propeller Directorate, Aircraft Certification
Service.
 [FR Doc. E9-3609 Filed 2-19-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Rules and Regulations]
[Pages 22362-22363]
[FR Doc No: 2019-10170]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-1043; Airspace Docket No. 17-AEA-18]
RIN 2120-AA66

Amendment of Class E Airspace; Bloomsburg, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, correction.

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SUMMARY: This action corrects a final rule published in the Federal
Register on September 11, 2018 (corrected November 6, 2018), Class E
airspace extending upward from 700 feet or more above the surface at
Bloomsburg Municipal Airport, Bloomsburg, PA. The airport's description
header identified the region as ``ASO''. The correct region identifier
is ``AEA''.

DATES: Effective 0901 UTC, June 20, 2019. The Director of the Federal
Register approves this incorporation by reference action under Title 1
Code of Federal Regulations part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Ave., College Park, GA 30337; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    The FAA published a final rule in the Federal Register (83 FR45814,
September 11, 2018; corrected 83 FR 55479, November 6, 2018) for Doc.
No. FAA-2017-1043, amending Class E airspace extending upward from 700
feet or more above the surface at Bloomsburg Municipal Airport,
Bloomsburg, PA. Subsequent to publication, the FAA found that the
description header listed the region of the airport as ``ASO''. This
action corrects the error.
    Class E airspace designations are published in paragraph 6005, of
FAA Order 7400.11C, dated August 13, 2018, and effective September 15,
2018, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the Order.

Correction to Final Rule

    Accordingly, pursuant to the authority delegated to me, in the
Federal Register of September 11, 2018 (83 FR 45814; corrected November
6, 2018 (83 FR 55479)) FR Doc. 2018-19489, Amendment of Class E
Airspace; Bloomsburg, PA, is corrected as follows:

Sec.  71.1   [Amended]

* * * * *

ASO AL E5 Bloomsburg, PA [Corrected]

0
On page 45815, column 2, line 29, remove ``ASO'' and add in its place
``AEA''.

    Issued in College Park, Georgia, on May 9, 2019,
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2019-10170 Filed 5-16-19; 8:45 am]
 BILLING CODE 4910-13-P