[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Notices]
[Pages 68841-68844]
[FR Doc No: 2023-22006]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98643; File No. SR-ISE-2023-20]

Self-Regulatory Organizations; Nasdaq ISE LLC; Notice of Filing
of Proposed Rule Change To Permit the Listing and Trading of P.M.-
Settled Nasdaq-100 Index Options With a Third-Friday-of-the-Month
Expiration

September 29, 2023.
    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 September 28, 2023, Nasdaq ISE LLC (``ISE'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit

comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to permit the listing and trading of p.m.-
settled Nasdaq-100 Index[supreg] options \3\ with a third-Friday-of-
the-month expiration.
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    \3\ Nasdaq-100 Index options trade under the symbol (``NDX'').
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    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/ise/rules, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the Exchange 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. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    ISE proposes to amend its rules to permit the listing and trading
of p.m.-settled Nasdaq-100 Index options with a third-Friday-of-the-
month expiration date. The Exchange notes that p.m.-settled options
were recently approved and included a p.m.-settled third-Friday-of-the-
month expiration for trading of options based on \1/5\ the value of the
Nasdaq-100 Index (``NQX'').\4\
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    \4\ See Securities Exchange Act Release No. 98450 (September 20,
2023), 88 FR 66 111 (September 26, 2023) (SR-ISE-2023-08) (Order
Granting Approval of a Proposed Rule Change, as Modified by
Amendment No. 1, to Make Permanent Certain P.M.-Settled Pilots).
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    By way of background, the Nasdaq-100 Index, a modified market
capitalization-weighted index, includes 100 of the largest non-
financial companies listed on The Nasdaq Stock Market LLC, based on
market capitalization. It does not contain securities of financial
companies including investment companies. Security types generally
eligible for the Nasdaq-100 Index include common stocks, ordinary
shares, American Depository Receipts, and tracking stocks. Security or
company types not included in the Nasdaq-100 Index are closed-end
funds, convertible debentures, exchange traded funds, limited liability
companies, limited partnership interests, preferred stocks, rights,
shares or units of beneficial interest, warrants, units and other
derivative securities.\5\ Today, the Exchange may list a.m.-settled
third-Friday-of-the-month expirations on Nasdaq-100 Index options.
Additionally, today, Cboe Exchange, Inc. (``Cboe'') lists third-Friday
p.m.-settled options on the Standard & Poor's 500 Index (``S&P 500
Index'') under the symbol ``SPXW.'' \6\ Of note, in 2017, Nasdaq Phlx
LLC (``Phlx'') received approval to permit the listing and trading, on
a pilot basis, of NASDAQ-100 options with p.m.-settled third-Friday-of-
the-month expiration dates.\7\ Phlx extended their pilot two times and
ultimately did not renew the Pilot a third time and therefore the Pilot
expired on November 4, 2019.\8\
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    \5\ A description of the Nasdaq-100 is available on Nasdaq's
website at https://indexes.nasdaqomx.com/docs/methodology_NDX.pdf.
    \6\ Cboe also lists a.m.-settled S&P 500 Index options that have
standard third-Friday expirations. See Cboe Rule 4.10(e). Cboe's
third-Friday-of-the-month pilot was recently approved. See
Securities Exchange Act Release No. 98454 (September 20, 2023) (SR-
CBOE-2023-005) (Order Granting Approval of a Proposed Rule Change,
as Modified by Amendment No. 1, to Make Permanent the Operation of
the Program that Allows the Exchange to List P.M.-Settled Third
Friday-of-the-Month S&P 500 Stock Index Options (``SPX'') Series).
    \7\ See Securities Exchange Act Release No. 81293 (August 2,
2017), 82 FR 37138 (August 8, 2017) (approving SR-Phlx-2017-04)
(Order Granting Approval of a Proposed Rule Change, as Modified by
Amendment Nos. 1 and 2, To Permit the Listing and Trading of P.M.-
Settled Nasdaq-100 Index Options on a Pilot Basis).
    \8\ See Securities Exchange Act Release Nos. 84685 (November 29,
2019), 83 FR 62942 (December 6, 2018) (SR-Phlx-2018-76) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
the Pilot Period for the Listing of P.M.-Settled Nasdaq-100 Index
Options Expiring on the Third Friday of the Month) and 85692 (April
18, 2019), 84 FR 17213 (April 24, 2019) (SR-Phlx-2019-16) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Extend
the Pilot Period for the Listing of P.M.-Settled Nasdaq-100 Index
Options Expiring on the Third Friday of the Month). See also
Securities Exchange Act Release No. 87517 (November 13, 2019), 84 FR
63910 (November 19, 2023) (SR-Phlx-2019-49) (Notice of Filing and
Immediate Effectiveness of Proposed Rule Change To Remove Rule Text
From Phlx Rule 1101A).
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    At this time, the Exchange proposes to amend Options 4A, Section 12
to permit the listing of p.m.-settled third-Friday-of-the-month
Expiration Dates under the trading symbol ``NDXP.'' Today, the Exchange
may list a.m.-settled third-Friday-of-the-month expirations on Nasdaq-
100 Index options. With this proposal, the Exchange would have third-
Friday-of-the-month expirations on Nasdaq-100 Index options that are
both a.m.-settled and p.m.-settled on the same day. The conditions for
listing p.m.-settled third-Friday-of-the-month expirations on Nasdaq-
100 Index options will be similar to those for a.m.-settled third-
Friday-of-the-month expirations on Nasdaq-100 Index options.
    The proposed contract would use a $100 multiplier, and the minimum
trading increment would be $0.05 for options trading below $3.00 and
$0.10 for all other series.\9\ Strike price intervals would be set at
no less than $2.50.\10\ Consistent with existing rules for index
options, the Exchange would allow up to nine near-term expiration
months \11\ as well as LEAPS.\12\ The product would have European-style
exercise. Because the product is based on the Nasdaq-100 Index there
would be no position limits. Also, today, the Exchange notes that it
has the flexibility to open for trading additional series in response
to customer demand.\13\
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    \9\ See Options 3, Section 3, Minimum Increments.
    \10\ See Options 4A, Section 12(c)(1).
    \11\ The Exchange proposes the same expiration month options for
NDXP as are permitted for the Nasdaq-100 Index, since both options
classes are derived from the Nasdaq-100 Index.
    \12\ See Options 4A, Section 12(b)(1).
    \13\ Options 4A, Section 12(c)(4) provides that notwithstanding
any other provision of this paragraph (c), the Exchange may open for
trading additional series of the same class of index options as the
current index value of the underlying index moves substantially from
the exercise price of those index options that already have been
opened for trading on the Exchange. The exercise price of each
series of index options opened for trading on the Exchange shall be
reasonably related to the current index value of the underlying
index to which such series relates at or about the time such series
of options is first opened for trading on the Exchange. The term
``reasonably related to the current index value of the underlying
index'' means that the exercise price is within thirty percent (30%)
of the current index value. The Exchange may also open for trading
additional series of index options that are more than thirty percent
(30%) away from the current index value, provided that demonstrated
customer interest exists for such series, as expressed by
institutional, corporate, or individual customers or their brokers.
Market-makers trading for their own account shall not be considered
when determining customer interest under this provision.
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    NDXP options are series of the NDX options class. Currently, these
NDXP options may expire any day of the week, Mondays, Tuesdays,
Wednesdays, Thursdays, Fridays, as applicable (other than third-Friday-
of-the-month), and the last trading day of the month.\14\ Third-Friday
p.m.-settled options trading under the NDXP symbol will be a new type
of series under the Nasdaq-100 Index options class and not a new
options class, therefore all third-Friday p.m.-settled NDXP options
will be

aggregated together with all other standard expirations for applicable
reporting and other requirements.\15\
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    \14\ See Supplementary Material .07(a) to Options 4, Section 5.
    \15\ See Options 3, Section 6(c) and (d).
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    As with the Nasdaq-100 Index, whenever the Exchange determines that
additional margin is warranted in light of the risks associated with an
under-hedged NDXP option position, including third-Friday-of-the-month
p.m.-settled NDXP, the Exchange may consider imposing additional margin
upon the account maintaining such under-hedged position pursuant to its
authority pursuant to under Exchange Rules Options 6E, Section 2. The
trading hours for NDXP, including third-Friday-of-the-month p.m.-
settled NDXP, will be from 9:30 a.m. to 4:15 p.m. Eastern Time.\16\
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    \16\ The Exchange notes that NDXP will ordinarily cease at 4:00
p.m. on the day on which the exercise-settlement value is
calculated.
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    The Exchange proposes to amend Options 4A, Section 12(a)(6) to
provide that in addition to a.m.-settled Nasdaq-100 Index options
approved for trading on the Exchange, the Exchange may also list
options on the Nasdaq-100 Index whose exercise settlement value is the
closing value of the Nasdaq-100 Index on the expiration day.\17\
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    \17\ The closing value of the Nasdaq-100 Index may change up
until 17:15 Eastern Time due to corrections to prices of the
underlying component securities.
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    The Exchange does not believe that any market disruptions will be
encountered with the introduction of Nasdaq-100 Index options with
third-Friday-of-the-month p.m.-settled expiration dates. The Exchange
will monitor for any such disruptions or the development of any factors
that could cause such disruptions.
    The adoption of trading third-Friday-of-the-month p.m.-settled
options on the Nasdaq-100 Index on the same exchange that lists third-
Friday-of-the-month a.m.-settled options on the Nasdaq-100 Index would
provide greater spread opportunities. This manner of trading in
different products allows a market participant to utilize different
expiration times, providing expanded trading opportunities. In the
options market currently, market participants regularly trade similar
or related products in conjunction with each other, which contributes
to overall market liquidity.
    The Exchange represents that it has sufficient capacity to handle
additional traffic associated with listing third-Friday-of-the-month
p.m.-settled options, and that it has in place adequate surveillance
procedures to monitor trading in these options thereby helping to
ensure the maintenance of a fair and orderly market.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\18\ in general, and with
Section 6(b)(5) of the Act,\19\ in that it is designed 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 is not designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers, or to regulate by virtue of any authority conferred by the Act
matters not related to the purposes of the Act or the administration of
the Exchange. The Exchange believes that the proposed rule change is
also consistent with Section 6(b)(8) of the Act \20\ in that it does
not impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
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    \18\ 15 U.S.C. 78f.
    \19\ 15 U.S.C. 78f(b)(5).
    \20\ 15 U.S.C. 78f(b)(8).
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    P.M.-settled options were recently approved and included a p.m.-
settled third-Friday-of-the-month expiration for trading of options on
NQX.\21\ Today, Cboe lists third-Friday p.m.-settled options on the S&P
500 Index under the symbol ``SPXW.'' \22\ Of note, in 2017, Phlx
received approval to permit the listing and trading, on a pilot basis,
of NASDAQ-100 options with p.m.-settled third-Friday-of-the-month
expiration dates.\23\ Phlx extended their pilot two times and
ultimately did not renew the Pilot a third time and therefore the Pilot
expired on November 4, 2019.\24\ For these reasons, the Exchange
desires to list a p.m.-settled third-Friday-of-the-month expiration for
trading of options on the Nasdaq-100 Index. The Exchange believes that
listing this expiry would not have any adverse effects or impact on
market volatility and the operation of fair and orderly markets on the
underlying cash market at or near the close of trading in its Nasdaq-
100 Index options.
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    \21\ See supra note 4.
    \22\ See supra note 6.
    \23\ See supra note 7.
    \24\ See supra note 8.
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    Specifically, the Exchange believes that the introduction of
Nasdaq-100 Index options with third-Friday-of-the-month p.m.-settled
expiration dates will attract order flow to the Exchange, increase the
variety of listed options to investors, and provide a valuable hedge
tool to investors. Further, the Exchange believes this proposal will
ensure market participants, particularly retail customers, have
seamless access to p.m.-settled Nasdaq-100 Index options expiring every
Friday of the month, which helps to remove impediments to and perfect
the mechanism of a free and open market. The Exchange believes the
proposed rule change will help to protect investors and the public
interest by allowing market participants to enter options positions
with the same underlying in one symbol that spans every Friday
expiration in a month, thus providing a more efficient way to gain
exposure and hedge risk.
    The adoption of trading third-Friday-of-the-month p.m.-settled
options on the Nasdaq-100 Index on the same exchange that lists third-
Friday-of-the-month a.m.-settled options on the Nasdaq-100 Index would
provide greater spread opportunities. This manner of trading in
different products allows a market participant to utilize different
expiration times, providing expanded trading opportunities. In the
options market currently, market participants regularly trade similar
or related products in conjunction with each other, which contributes
to overall market liquidity.
    Third-Friday p.m. settled options trading under the NDXP symbol
will be a new type of series under the Nasdaq-100 Index options class
and not a new options class, therefore all third-Friday p.m.-settled
NDXP options will be aggregated together with all other standard
expirations for applicable reporting and other requirements.\25\
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    \25\ See supra note 15.
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    The Exchange does not believe that any market disruptions will be
encountered with the introduction of Nasdaq-100 Index options with
third-Friday-of-the-month expiration dates. The Exchange will monitor
for any such disruptions or the development of any factors that could
cause such disruptions.
    Finally, the Exchange represents that it has sufficient capacity to
handle additional traffic associated with this new listing, and that it
has in place adequate surveillance procedures to monitor trading in
these options thereby helping to ensure the maintenance of a fair and
orderly market.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not

necessary or appropriate in furtherance of the purposes of the Act.
    The Exchange does not believe the rule change will impose a burden
on intramarket competition because all market participants would have
access to p.m.-settled Nasdaq-100 Index options expiring every Friday
of the month and would be able to trade them under the NDXP symbol. The
proposal will not impose a burden on intermarket competition because
the options affected by this proposal are exclusive to the Exchange.
Other options exchange may elect to adopt a similar expiry for a
product listed on their markets.
    Additionally, the Exchange does not believe the proposal will
impose any burden on intermarket competition as market participants on
other exchanges are welcome to become members and trade at ISE if they
determine that this proposed rule change has made ISE more attractive
or favorable.

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

    No written comments were either solicited or received.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    A. by order approve or disapprove such proposed rule change, or
    B. institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-ISE-2023-20 on the subject line.

Paper Comments

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

All submissions should refer to file number SR-ISE-2023-20. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-ISE-2023-20 and should be
submitted on or before October 25, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
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    \26\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-22006 Filed 10-3-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 195 (Wednesday, October 7, 2020)]
[Notices]
[Pages 63267-63268]
[FR Doc No: 2020-22163]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-528-000]

Stingray Pipeline Company, L.L.C; Notice of Application

    Take notice that on September 25, 2020, Stingray Pipeline Company,
L.L.C. (Stingray), 1300 Main Street, Houston, Texas 77002, filed in the
above referenced docket an application pursuant to section 7(b) of the
Natural Gas Act (NGA) and Part 157 of the Commission's regulations
requesting authorization to abandon by sale certain facilities (WC 509
System) located in federal waters offshore Louisiana in the Gulf of
Mexico to Triton Gathering LLC (Triton). Specifically, Stingray
proposes to abandon by sale to Triton: (1) The 22-Inch East Lateral,
consisting of 59.59 miles of 20- and 22-inch-diameter pipeline; (2) the
30-Inch West Lateral, consisting of 75.76 miles of 16-, 18-, 24-, and
30-inch-diameter pipeline; (3) the 16-Inch South Lateral, consisting of
37.63 miles of 16-inch-diameter pipeline; (4) the West Cameron Block
509 Complex; (5) the High Island Block A330 and Garden Banks 191
Platforms; and (6) various receipt and delivery interconnects. Stingray
also requests a determination that the WC 509 System to be acquired by
Triton will be non-jurisdictional gathering facilities pursuant to
section 1(b) of the NGA, all as more fully set forth in the application
which is on file with the Commission and open to public inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Any questions concerning Stingray's application may be directed to
Blair Lichtenwalter, Senior Director of Certificates, Stingray Pipeline
Company, L.L.C., 1300 Main Street, Houston, Texas 77002, by telephone
at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules (18 CFR 157.9),
within 90 days of this Notice, the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule will serve to
notify federal and state agencies of the timing for the completion of
all necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit five copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list and will be
notified of meetings associated with the Commission's environmental
review process. Environmental commenters will not be required to serve
copies of filed documents on all other parties. However, the non-party
commenters will not receive copies of all documents filed by other
parties or issued by the Commission and will not have the right to seek
court review of the Commission's final order.
    As of the February 27, 2018 date of the Commission's order in
Docket No. CP16-4-001, the Commission will apply its revised practice
concerning out-of-time motions to intervene in any new NGA section 3 or
section 7 proceeding.\1\ Persons desiring to become a party to a
certificate proceeding are to intervene in a timely manner. If seeking
to intervene out-of-time, the movant is required to ``show good cause
why the time limitation should be waived,'' and should provide
justification by reference to factors set forth in Rule 214(d)(1) of
the Commission's Rules and Regulations.\2\
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    \1\ Tennessee Gas Pipeline Company, L.L.C., 162 FERC ] 61,167 at
] 50 (2018).
    \2\ 18 CFR 385.214(d)(1).
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    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Comment Date: 5:00 p.m. Eastern Time on October 20, 2020.

    Dated: September 29, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-22163 Filed 10-6-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 8, 2010 (Volume 75, Number 130)]
[Rules and Regulations]
[Page 39145-39146]
[DOCID:fr08jy10-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0599; Airspace Docket No. 10-AWA-3]
RIN 2120-AA66

Amendment of Class C Airspace; Flint, MI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the legal description of the Bishop
International Airport, Flint, MI, Class C airspace area by amending the
airport reference point (ARP) information for the airport. This
amendment is necessitated by the removal of Runway 5/23 and
installation of a parallel taxiway along a portion of Runway 9/27,
which changed the configuration of the airport and, consequently,
changed the ARP. This action is necessary for the safety of aircraft
operating in the Flint, MI, airspace area.

DATES: Effective date 0901 UTC, September 23, 2010. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace and Rules
Group, Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    In the autumn of 2009, a major construction project at Bishop
International Airport, Flint, MI, was completed that entailed removing
Runway 5/23, which was not an operating runway, and installing a
``south parallel'' taxiway along the eastern portion of Runway 9/27.
Prior to construction, airport runway configuration made it possible
for aircraft to mistake the 3,900 foot Runway 23 for the 7,200 foot
Runway 27. There was also no capability for an aircraft to taxi to the
approach end of Runway 27 from the south side of the airport without
either back taxiing on the runway or crossing the runway and taxiing on
the north side parallel to the approach end. As a result of the runway
removal and taxiway installation, the airport layout changed enough to
affect the ARP location, which defines the Class C airspace area's
center point.

The Rule

    This action amends Title 14 Code of Federal Regulations (CFR) part
71 by amending the ARP information contained in the legal description
of the Bishop International Airport, Flint, MI, Class C airspace area
to reflect current National Airspace System data. The correct ARP
information, which the Class C airspace area is centered around, is
latitude 42[deg]57'56'' N., longitude 83[deg]44'41'' W. Although the
construction project affected the ARP, there are no other changes to
the dimensions or altitudes of the Class C airspace area. Therefore,
notice and public comment under 5 U.S.C. 553(b) are unnecessary.
    Class C airspace areas are published in paragraph 4000 of FAA Order
7400.9T signed August 27, 2009, and effective September 15, 2009, which
is incorporated by reference in 14 CFR 71.1. The Class C airspace area
listed in this document will be published subsequently in the Order.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under Department of Transportation (DOT) Regulatory Policies and
Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as the anticipated impact is so
minimal. Since this is a routine matter that will only affect air
traffic procedures and air navigation, it is certified that this rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends Class C airspace at Bishop International Airport, Flint,
MI.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9T,
Airspace Designations and Reporting Points, signed August 27, 2009, and
effective September 15, 2009, is amended as follows:

Paragraph 4000 Subpart C--Class C Airspace
* * * * *

AGL MI C Flint, Bishop International Airport, MI [Amended]

Bishop International Airport, MI
    (Lat. 42[deg]57'56'' N., long. 83[deg]44'41'' W.)

    That airspace extending upward from the surface to and including
4,800 feet MSL within a 5-mile radius of the Bishop International
Airport; and that airspace extending upward from 2,100 feet MSL to
and including 4,800 feet MSL within a 10-mile radius of the airport.
This Class C airspace area is effective during the specific dates
and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Airport/Facility Directory.

    Issued in Washington, DC, June 29, 2010.
Paul Gallant,
Acting Manager, Airspace and Rules Group.
[FR Doc. 2010-16469 Filed 7-7-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 146 (Wednesday, July 29, 2020)]
[Notices]
[Pages 45632-45633]
[FR Doc No: 2020-16419]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC20-83-000.
    Applicants: GA Solar 3, LLC, Twiggs County Solar, LLC, FL Solar 1,
LLC, FL Solar 4, LLC, FL Solar 5, LLC, AZ Solar 1, LLC, Wright Solar
Park LLC, Five Points Solar Park LLC, Sunray Energy 2, LLC, Sunray
Energy 3 LLC, Three Peaks Power, LLC, Grand View PV Solar Two LLC,
Sweetwater Solar, LLC, Techren Solar I LLC, Techren Solar II LLC,
Techren Solar III LLC, Techren Solar IV LLC, Techren Solar V LLC, MS
Solar 3, LLC, Magnolia Parent LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act, et al. of the GAFG Applicants.
    Filed Date: 7/23/20.
    Accession Number: 20200723-5054.
    Comments Due: 5 p.m. ET 8/13/20.

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

    Docket Numbers: ER10-1633-002.
    Applicants: Deseret Generation and Transmission Co-operative, Inc.
    Description: Second Supplement to July 26, 2019 Updated Market
Power Analysis of Deseret Generation and Transmission Co-operative,
Inc.
    Filed Date: 7/23/20.
    Accession Number: 20200723-5085.
    Comments Due: 5 p.m. ET 8/13/20.

    Docket Numbers: ER10-3066-004; ER10-2309-006; ER10-3059-004; ER10-
3058-004; ER10-3065-004.
    Applicants: Edgewood Energy, LLC, Elwood Energy LLC, Equus Power I,
L.P., Pinelawn Power, LLC, Shoreham Energy, LLC.
    Description: Triennial Market Power Update for the Northeast Region
of the J-POWER North America Holdings Co., Ltd. affiliates, et al.
    Filed Date: 7/22/20.
    Accession Number: 20200722-5172.
    Comments Due: 5 p.m. ET 9/21/20.

    Docket Numbers: ER20-136-002.
    Applicants: Reading Wind Energy, LLC.
    Description: Notice of Non-Material Change in Status of Reading
Wind Energy, LLC.
    Filed Date: 7/10/20.
    Accession Number: 20200710-5151.
    Comments Due: 5 p.m. ET 7/31/20.

    Docket Numbers: ER20-1505-001.
    Applicants: Basin Electric Power Cooperative, Inc.
    Description: Notice of Change in Status of Basin Electric Power
Cooperative.
    Filed Date: 7/23/20.
    Accession Number: 20200723-5084.
    Comments Due: 5 p.m. ET 8/13/20.

    Docket Numbers: ER20-2313-000.
    Applicants: Boiling Springs Wind Farm, LLC.
    Description: Supplement to July 2, 2020 Boiling Springs Wind Farm,
LLC tariff filing.
    Filed Date: 7/23/20.
    Accession Number: 20200723-5062.
    Comments Due: 5 p.m. ET 8/3/20.

    Docket Numbers: ER20-2485-000.
    Applicants: Avista Corporation.
    Description: Sec.  205(d) Rate Filing: Avista Corp. KEC Rimrock
Construction Agreement SA T1165 to be effective 7/23/2020.
    Filed Date: 7/22/20.
    Accession Number: 20200722-5125.
    Comments Due: 5 p.m. ET 8/12/20.

    Docket Numbers: ER20-2486-000.
    Applicants: Northern States Power Company, a Minnesota corporation.
    Description: Sec.  205(d) Rate Filing: 2020-07-22 NSP-SHKP-SISA-
679-0.0.0 to be effective 9/20/2020.
    Filed Date: 7/22/20.
    Accession Number: 20200722-5129.
    Comments Due: 5 p.m. ET 8/12/20.

    Docket Numbers: ER20-2487-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: Modifications to PWRPA IA
and SAs to Extend Term (WDT SA 56) to be effective 9/23/2020.
    Filed Date: 7/22/20.
    Accession Number: 20200722-5149.
    Comments Due: 5 p.m. ET 8/12/20.

    Docket Numbers: ER20-2488-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2020-07-23_SA 3096 Point
Beach Solar-ATC (J505) to be effective 7/9/2020.
    Filed Date: 7/23/20.
    Accession Number: 20200723-5025.
    Comments Due: 5 p.m. ET 8/13/20.

    Docket Numbers: ER20-2489-000.
    Applicants: ISO New England Inc., NSTAR Electric Company.
    Description: Sec.  205(d) Rate Filing: ISO-NE & NSTAR; Service
Agreement No. LGIA-ISONE/NSTAR-20-01 (Vineyard Wind) to be effective 7/
10/2020.
    Filed Date: 7/23/20.
    Accession Number: 20200723-5038.
    Comments Due: 5 p.m. ET 8/13/20.

    Docket Numbers: ER20-2490-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation of IISA,
SA No. 2860; Queue No. V1-026/V1-027 to be effective 7/6/2020.
    Filed Date: 7/23/20.
    Accession Number: 20200723-5047.
    Comments Due: 5 p.m. ET 8/13/20.

    Docket Numbers: ER20-2491-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2891R6 AECC, Entergy
Arkansas & MISO Att AO Cancellation to be effective 3/31/2020.
    Filed Date: 7/23/20.
    Accession Number: 20200723-5048.
    Comments Due: 5 p.m. ET 8/13/20.

    Docket Numbers: ER20-2492-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: SCE Administrative
Correction--Revised Rate Schedule No. 424 Exhibits to be effective 1/1/
2017.
    Filed Date: 7/23/20.
    Accession Number: 20200723-5056.
    Comments Due: 5 p.m. ET 8/13/20.

    Docket Numbers: ER20-2493-000.
    Applicants: OTCF, LLC.
    Description: Baseline eTariff Filing: OTCF, LLC MBR Tariff
Application to be effective 7/24/2020.
    Filed Date: 7/23/20.
    Accession Number: 20200723-5072.
    Comments Due: 5 p.m. ET 8/13/20.

    Docket Numbers: ER20-2494-000.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Illinois Company.
    Description: Sec.  205(d) Rate Filing: 2020-07-23_SA 3534 Ameren-
SIPC Exclusive As-Available Service Agrmt to be effective 9/22/2020.
    Filed Date: 7/23/20.
    Accession Number: 20200723-5097.
    Comments Due: 5 p.m. ET 8/13/20.

    Docket Numbers: ER20-2495-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, SA No. 5687;
Queue No. AF1-188 to be effective 6/29/2020.
    Filed Date: 7/23/20.
    Accession Number: 20200723-5095.
    Comments Due: 5 p.m. ET 8/13/20.

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

    Docket Numbers: ES20-49-000.
    Applicants: Duquesne Light Company.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities of Duquesne Light Company.
    Filed Date: 7/22/20.
    Accession Number: 20200722-0007.
    Comments Due: 5 p.m. ET 7/27/20.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF20-1196-000.
    Applicants: DBW Power Company, Inc.
    Description: Form 556 of DBW Power Company, Inc.
    Filed Date: 7/22/20.
    Accession Number: 20200722-5180.
    Comments Due: Non-Applicable.

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

    Dated: July 23, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-16419 Filed 7-28-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Notices]
[Page 22973]
[FR Doc No: 2016-08923]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC16-100-000.
    Applicants: Citigroup Renewable Investments 1, LLC, San Juan Mesa
Wind Project, LLC.
    Description: Section 203 Application of Citigroup Renewable
Investments 1, LLC and San Juan Mesa Wind Project, LLC.
    Filed Date: 4/12/16.
    Accession Number: 20160412-5181.
    Comments Due: 5 p.m. ET 5/3/16.

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

    Docket Numbers: ER10-2400-006.
    Applicants: Blue Canyon Windpower LLC.
    Description: Supplement to December 31, 2015 Updated Market Power
Analysis for the Southwest Power Pool Region of Blue Canyon Windpower
LLC.
    Filed Date: 4/12/16.
    Accession Number: 20160412-5214.
    Comments Due: 5 p.m. ET 5/3/16.

    Docket Numbers: ER15-572-005.
    Applicants: New York Independent System Operator, Inc.
    Description: Compliance filing: NY Transco compliance formula rate
protocols/template, TOTS cost allocation to be effective 4/3/2015.
    Filed Date: 4/12/16.
    Accession Number: 20160412-5274.
    Comments Due: 5 p.m. ET 5/3/16.

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

    Dated: April 12, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-08923 Filed 4-18-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 219 (Tuesday, November 15, 2022)]
[Rules and Regulations]
[Pages 68336-68338]
[FR Doc No: 2022-24773]

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

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2022-0760; Special Conditions No. 25-827-SC]

Special Conditions: Aptoz EHF; Non-Rechargeable Lithium Batteries
and Battery System Installations

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

ACTION: Final special conditions; request for comments.

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

SUMMARY: These special conditions are issued for a supplemental type
certificate (STC) to install non-rechargeable lithium batteries and
battery systems on certain transport-category airplanes. The airplanes,
as modified by Aptoz EHF (Aptoz), will have a novel or unusual design
feature when compared to the state of technology envisioned in the
airworthiness standards for transport-category airplanes. This design
feature is non-rechargeable lithium batteries and battery system in
emergency locator transmitters (ELTs). The applicable airworthiness
regulations do not contain adequate or appropriate safety standards for
this design feature. These special conditions contain the additional
safety standards that the Administrator considers necessary to
establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: This action is effective on Aptoz on November 15, 2022. Send
comments on or before December 30, 2022.

ADDRESSES: Send comments identified by Docket No. FAA-2022-0760 using
any of the following methods:
     Federal eRegulations Portal: Go to https://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: Except for Confidential Business Information (CBI) as
described in the following paragraph, and other information as
described in title 14, Code of Federal Regulations (14 CFR) 11.35, the
FAA will post all comments received without change to https://www.regulations.gov/, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about these special conditions.
    Except for Confidential Business Information as described in the
following paragraph, and other information as described in 14 CFR
11.35, the FAA will file in the docket all comments received concerning
these special conditions. The FAA will consider all comments received
on or before the closing date for comments. The FAA will consider
comments filed late if it is possible to do so without incurring delay.
The FAA may change these special conditions based on comments received.
    Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to these special
conditions contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to these special conditions, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission containing CBI as ``PROPIN.''
The FAA will treat such marked submissions as confidential under the
FOIA, and the indicated comments will not be placed in the public
docket of these special conditions. Send submissions containing CBI to
Nazih Khaouly, Aircraft Systems Section, AIR-673, Technical Innovation
Policy Branch, Policy and Innovation Division, Aircraft Certification
Service, Federal Aviation Administration, 2200 South 216th Street, Des
Moines, Washington 98198; telephone and fax<PHONE_NUMBER>; email
[email protected]. Comments the FAA receives, which are not
specifically designated as CBI, will be placed in the public docket for
these special conditions.
    Docket: Background documents or comments received may be read at
https://www.regulations.gov/ at any time. Follow the online
instructions for accessing the docket or go to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington,

DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: Nazih Khaouly, Aircraft Systems
Section, AIR-673, Technical Innovation Policy Branch, Policy and
Innovation Division, Aircraft Certification Service, Federal Aviation
Administration, 2200 South 216th Street, Des Moines, Washington 98198;
telephone and fax<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION: The substance of these special conditions
has been published in the Federal Register for public comment in
several prior instances with no substantive comments received.
Therefore, the FAA finds, pursuant to 14 CFR 11.38(b), that new
comments are unlikely, and notice and comment prior to this publication
are unnecessary. The FAA finds that, for the same reason, good cause
exists for adopting these special conditions upon publication in the
Federal Register.

Comments Invited

    The FAA invites interested people to take part in this rulemaking
by sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    The FAA will consider all comments received by the closing date for
comments. The FAA may change these special conditions based on comments
received.

Background

    On April 6, 2022, Aptoz applied for a supplemental type certificate
to install non-rechargeable lithium batteries and battery systems in
ELTs. Aptoz intends to apply this STC to multiple transport-category
airplanes, and may periodically amend this STC to expand its
applicability to include additional transport-category airplane makes
and models.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Aptoz EHF must show that the airplanes, for which they
make application to modify by FAA STC ST00030IB, as changed, continue
to meet the applicable provisions of the regulations listed in each
airplane's respective type certificate or the applicable regulations in
effect on the date of application for the change except for earlier
amendments as agreed upon by the FAA.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards because of a novel or unusual design
feature, special conditions are prescribed under the provisions of
Sec.  21.16.
    Special conditions are initially applicable to the airplane model
for which they are issued. Should the applicant apply for an STC to
modify another model included on the same type certificate to
incorporate the same novel or unusual design feature, these special
conditions would also apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the airplanes modified by STC no. ST00030IB must comply
with the fuel-vent and exhaust-emission requirements of 14 CFR part 34,
and the noise-certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The airplanes listed in the FAA STC ST00030IB approved model list
(AML) will incorporate the following novel or unusual design feature:
    Non-rechargeable lithium batteries and battery systems installed in
ELTs.

Discussion

    The FAA derived the current regulations governing installation of
batteries in transport-category airplanes from Civil Air Regulations
(CAR) 4b.625(d), as part of the recodification of CAR 4b, which
established 14 CFR part 25 in February 1965. This recodification
essentially reworded the CAR 4b battery requirements, which are
currently in Sec.  25.1353(b)(1) through (4). Non-rechargeable lithium
batteries and battery systems are novel and unusual with respect to the
state of technology considered when these requirements were codified.
Non-rechargeable lithium batteries and battery systems introduce higher
energy levels into airplane systems through new chemical compositions
in various battery-cell sizes and construction. Interconnection of
these cells in battery packs introduce failure modes that require
unique design considerations, such as provisions for thermal
management.
    In January 2013, two independent events involving rechargeable
lithium-ion batteries revealed unanticipated failure modes. A National
Transportation Safety Board letter to the FAA, dated May 22, 2014,
which is available at https://www.ntsb.gov, filename A-14-032-036.pdf,
describes these events.
    On July 12, 2013, an event involving a non-rechargeable lithium
battery in an ELT installation demonstrated unanticipated failure
modes. The United Kingdom's Air Accidents Investigation Branch Bulletin
S5/2013 describes this event. These events, involving rechargeable and
non-rechargeable lithium batteries, prompted the FAA to initiate a
broad evaluation of these energy-storage technologies.
    On April 22, 2016, the FAA published special conditions no. 25-612-
SC in the Federal Register (81 FR 23573), applicable to Gulfstream
Aerospace Corporation, for the Model GVI airplane. Those were the first
special conditions the FAA issued for non-rechargeable lithium battery
installations. In that document, the FAA explained its decision to make
those special conditions effective on April 22, 2017, one year after
publication in the Federal Register. In those special conditions, the
FAA stated its intention to apply non-rechargeable lithium battery and
battery system special conditions to design changes on other airplane
makes and models applied for after this same date.
    Special condition no. 1 of these special conditions requires that
each individual cell within a non-rechargeable lithium battery and
battery system be designed to maintain safe temperatures and pressures.
Special condition no. 2 addresses these same issues but for the entire
battery. Special condition no. 2 requires the battery be designed to
prevent propagation of a thermal event, such as self-sustained,
uncontrollable increases in temperature or pressure from one cell to
adjacent cells.
    Special condition nos. 1 and 2 are intended to ensure that the non-
rechargeable lithium battery and its cells are designed to eliminate
the potential for uncontrollable failures. However, a certain number of
failures will occur due to various factors beyond the control of the
battery designer. Therefore, other special conditions are intended to
protect the airplane and its occupants if failure occurs.
    Special conditions 3, 7, and 8 are self-explanatory.
    Special condition no. 4 makes it clear that the flammable-fluid
fire-protection requirements of Sec.  25.863 apply to non-rechargeable
lithium battery and battery system installations. Section 25.863 is
applicable to areas of the airplane that could be exposed to flammable-
fluid leakage from airplane systems. Non-rechargeable lithium batteries
and

battery systems contain an electrolyte that is a flammable fluid.
    Special condition no. 5 requires that each non-rechargeable lithium
battery and battery system installation not damage surrounding
structure or adjacent systems, equipment, or electrical wiring from
corrosive fluids or gases that may escape in such a way as to cause a
major or more severe failure condition.
    While special condition no. 5 addresses corrosive fluids and gases,
special condition no. 6 addresses heat. Special condition no. 6
requires that each non-rechargeable lithium battery and battery system
installation have provisions to prevent any hazardous effect on
airplane structure or systems caused by the maximum amount of heat the
battery installation can generate due to any failure of it or its
individual cells. The means of meeting special conditions nos. 5 and 6
may be the same, but the requirements are independent and address
different hazards.
    These special conditions apply to all non-rechargeable lithium
battery and battery system installations, in lieu of Sec.
25.1353(b)(1) through (4) at amendment 25-123. Sections 25.1353(b)(1)
through (4) at amendment 25-123 remain in effect for other battery
installations.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Applicability

    As discussed above, these special conditions are applicable to the
airplane models listed on the AML of STC no. ST00030IB, available
online at rgl.faa.gov. All models listed in the AML must be evaluated
and determined to comply with these special conditions. Additionally,
each new model added to the AML subsequently must also be evaluated and
determined to comply with these special conditions.
    Should Aptoz apply at a later date for a change to STC no.
ST00030IB, to include any other model on the AML to incorporate the
same novel or unusual design feature, these special conditions would
apply to that model as well.
    Should Aptoz apply at a later date for another STC to modify any
other model included on the type certificates of the models on the STC
no. ST00030IB AML, to incorporate the same novel or unusual design
feature, these special conditions would also apply to that model as
well. These special conditions are not applicable to those models for
which applicable special conditions for rechargeable lithium batteries
and battery systems have already been issued against the type
certificate for that specific model.

Conclusion

    This action only affects the installation of ELTs that contain non-
rechargeable lithium batteries and battery systems for airplanes listed
on the AML of STC no. ST00030IB. It is not a rule of general
applicability and affects only the applicant who applied to the FAA for
approval of these features on the airplane.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for the airplane modelslisted on the
approved model list of supplemental type certificate no. ST00030IB, as
modified by Aptoz.
    In lieu of Sec.  25.1353(b)(1) through (4) at amendment 25-123, or
Sec.  25.1353(c)(1) through (4) at earlier amendments, each non-
rechargeable lithium battery and battery system installation must:
    1. Be designed to maintain safe cell temperatures and pressures,
under all foreseeable operating conditions, to prevent fire and
explosion.
    2. Be designed to prevent the occurrence of self-sustaining,
uncontrollable increases in temperature or pressure.
    3. Not emit explosive or toxic gases, either in normal operation or
as a result of its failure, that may accumulate in hazardous quantities
within the airplane.
    4. Meet the requirements of Sec.  25.863.
    5. Not damage surrounding structure or adjacent systems, equipment,
or electrical wiring from corrosive fluids or gases that may escape in
such a way as to cause a major or more severe failure condition.
    6. Have provisions to prevent any hazardous effect on airplane
structure or systems caused by the maximum amount of heat it can
generate due to any failure of it or its individual cells.
    7. Have a failure-sensing and warning system to alert the flight
crew, in the event its failure affects safe operation of the airplane.
    8. Have a means for the flight crew or maintenance personnel to
determine the battery charge state if the battery's function is
required for safe operation of the airplane.

    Note: A battery system consists of the battery, battery charger,
and any protective monitoring and alerting circuitry or hardware
inside or outside of the battery. It also includes vents (where
necessary) and packaging. For the purpose of these special
conditions, a battery and the battery system is referred to as a
battery.

    Issued in Kansas City, Missouri, on November 8, 2022.
Patrick R. Mullen,
Manager, Technical Innovation Policy Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2022-24773 Filed 11-14-22; 8:45 am]
BILLING CODE 4910-13-P


Comment Info: =================

General Comment: A 75 day comment period is insufficient time for the vaping industry and the wider vaping community to comment on the proposed deeming regulations. I would respectfully request that the period for comment be extended to 180 days.

Vaping has helped not only me, but my parents, spouse and my parents' spouses to quit smoking cigarettes and it is an atrocity that the FDA is trying to take away the right to "vape" when it has helped millions to quit smoking cigarettes. But cigarettes are legal???? There are hundreds of carcinogens in cigarettes! Vaping something totally natural like pure vegetable glycerin and fruit extracts should not be outlawed.


[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Proposed Rules]
[Pages 45589-45592]
[FR Doc No: 2018-19598]

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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R02-OAR-2018-0564, FRL-9983-42--Region 2]

Approval and Promulgation of State Plans for Designated
Facilities; New York

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the State plan submitted by New York State to implement and
enforce Emission Guidelines (EG) for existing large municipal waste
combustor (MWC) units. The State plan is consistent with the amended EG
promulgated by EPA on May 10, 2006. New York's plan establishes
emission limits and other requirements for the purpose of reducing
emissions of lead, mercury, cadmium, organics, hydrogen chloride and
other air pollutants from large MWC units throughout the State. New
York submitted its plan to fulfill the requirements of sections 111(d)
and 129 of the Clean Air Act.

DATES: Comments must be received on or before October 10, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2018-0564 to http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make.
    The EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e., on the web, cloud, or
other file sharing system). For additional submission methods, the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella
([email protected]), Air Programs Branch, 290 Broadway, 25th
Floor, New York, New York 10007-1866,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The following table of contents describes
the format for the SUPPLEMENTARY INFORMATION section:
I. EPA Action
    A. What action is EPA proposing today?
    B. Who is affected by New York's revised State plan?
    C. How does this approval affect sources located in Indian Nation
Land?
II. Background
    A. What is a State plan?
    B. Why is EPA requiring New York to submit a revised large MWC
State plan?
    C. What are the requirements for a revised large MWC State plan?
    D. What revisions did EPA make to subpart Cb as amended on May 10,
2006?
III. New York's State Plan
    A. What is contained in the New York State revised plan?
    B. What approval criteria did we use to evaluate New York's revised
State plan?
IV. What is EPA's conclusion?
V. Statutory and Executive Order Reviews

I. EPA Action

A. What action is EPA proposing today?

    EPA is proposing to approve New York's revised State plan,
submitted on July 12, 2013, for the control of air emissions from
existing large municipal waste combustor (MWC) units throughout the
State, except for any existing large MWC units located in Indian Nation
Land. In accordance with the Clean Air Act (CAA), New York previously
submitted a State plan on December 15, 1997, as supplemented on June
22, 1998, which was approved by EPA on August 4, 1998, 63 FR 41427. New
York also submitted a revised State plan on October 7, 1998, as
supplemented on November 5, 1998 which was approved by the EPA on
February 9, 1999, 64 FR 6237. New York

submitted its July 2013 revised plan to fulfill the requirements of
section 111(d) and 129 of the CAA. The revised State plan adopts and
implements the Emission Guidelines (EG) amended by EPA on May 10, 2006
applicable to existing large MWC units, and establishes revised
emission limits and other requirements for units constructed on or
before September 20, 1994. This proposed approval, once finalized and
effective, will make New York's revised large MWC rules included in the
State plan federally enforceable.

B. Who is affected by New York's revised State plan?

    New York's revised State plan regulates all the units designated by
the amended EG applicable to existing large MWC units with a combustion
capacity greater than 250 tons per day of municipal solid waste for
which construction commenced on or before September 20, 1994.

C. How does this approval affect sources located in Indian Nation Land?

    New York's revised State plan is not applicable to units located in
Indian Nation Land. Therefore, if there are any existing large MWC
units located in Indian Nation Land these existing large MWC units will
be subject to the Federal plan.\1\
---------------------------------------------------------------------------

    \1\ The EPA has not yet promulgated a Federal plan for the May
2006 large MWC EG. The current Federal plan was promulgated on May
24, 2000 (65 FR 33461) and amended on July 14, 2004 (69 FR 42117)
for the large MWC EG promulgated on August 25, 1997 (62 FR 45124) as
amended on July 12, 2001 (66 FR 36473).
---------------------------------------------------------------------------

II. Background

A. What is a State plan?

    Section 111 of the CAA, ``Standards of Performance for New
Stationary Sources,'' authorizes EPA to set air emissions standards for
certain categories of sources. These standards are called New Source
Performance Standards (NSPS). When a NSPS is promulgated for new
sources, section 111(d) and EPA regulations also require that EPA
publish an EG applicable to control the same pollutants from existing
(or designated) facilities. States with designated facilities must then
develop a State plan to adopt the requirements of the EG into the
State's body of regulations. States must also include in their State
plan other requirements, such as inventories, legal authority,
reporting and recordkeeping, and public participation documentation, to
demonstrate their ability to enforce the State plans.
    Section 129 of the CAA requires EPA to establish performance
standards and emission guidelines for various types of new and existing
solid waste incineration units. Section 129(b)(2) requires States to
submit to EPA for approval section 111(d)/129 plans that implement and
enforce the promulgated EG. Section 129(b)(3) requires EPA to
promulgate a Federal plan (FP) within two years from the date on which
the EG, or when revision to the EG, is promulgated. The FP is
applicable to affected facilities when the state has failed to receive
EPA approval of the section 111(d)/129 plan. The FP remains in effect
until the state submits and receives EPA approval of its section
111(d)/129 plan.
    State plan submittals under CAA sections 111(d) and 129 must be
consistent with the relevant EG, in this instance 40 CFR part 60,
subpart Cb, and the requirements of 40 CFR part 60, subpart B and part
62, subpart A. Section 129 of the CAA regulates air pollutants that
include organics (dioxins/furans), carbon monoxide, metals (cadmium,
lead, and mercury), hydrogen chloride, sulfur dioxide, nitrogen oxides,
particulate matter, and opacity (as appropriate).

B. Why is EPA requiring New York to submit a revised large MWC State
plan?

    When EPA developed the amended NSPS for large MWC units, we
simultaneously developed the amended EG to control air emissions from
existing units (see 71 FR 27324, May 10, 2006). Under section 129 of
the CAA, the EG is not federally enforceable; therefore, section 129 of
the CAA also requires states to submit to EPA for approval State plans
that implement and enforce the EG. Under section 129 of the CAA, these
State plans must be at least as protective as the EG, and they become
federally enforceable upon approval by EPA.
    The procedures for adopting and submitting State plans are located
in 40 CFR part 60, subpart B. If a state fails to have an approvable
plan in place, the EPA is required to promulgate a federal plan to
establish requirements for those sources not under an EPA-approved
State plan. New York has developed and submitted a revised State plan,
as required by sections 111(d)/129 of the CAA, to gain federal approval
to implement and enforce the requirements of the amended EG for
existing large MWC units. The procedures for EPA's approval and
disapproval of State plans are located in 40 CFR part 62, subpart A.
EPA is proposing to approve New York's State plan since it is deemed at
least as protective as the standards set in the EG, as amended on May
10, 2006.

C. What are the requirements for a revised large MWC State plan?

    A section 111(d) State plan submittal must meet the requirements of
40 CFR part 60, subpart B, sections 60.23 through 60.26, and the
amended EG found at 40 CFR part 60, subpart Cb (see 71 FR 27324, May
10, 2006). Subpart B contains the procedures for the adoption and
submittal of State plans. This subpart addresses public participation,
legal authority, emission standards and other emission limitations,
compliance schedules, emission inventories, source surveillance, and
compliance assurance and enforcement requirements.
    EPA promulgated the amended EG at 40 CFR part 60, subpart Cb on May
10, 2006. Subpart Cb contains guidelines to the states for submittal of
plans that address existing large MWC units. In addition, subpart Cb
contains the technical requirements for existing large MWC units
located at a facility designed to combust municipal solid waste and
applies to each MWC unit with a combustion capacity greater than 250
tons per day for which construction was commenced on or before
September 20, 1994. A state can address the large MWC technical
requirements by adopting its own regulation that includes all the
applicable requirements of subpart Cb or by incorporating by reference
subpart Cb if the state meets certain requirements. States with
affected facilities are required to submit to EPA a section 111(d)/129
plan to implement and enforce all provisions of subpart Cb, as amended
on May 10, 2006. Prior to submittal to EPA, the State must make
available to the public the State plan and provide opportunity for
public comment, including a public hearing.

D. What revisions did EPA make to subpart Cb as amended on May 10,
2006?

    Section 129(a)(5) of the CAA requires EPA to conduct 5-year reviews
of NSPS for solid waste incinerators and amend standards and
requirements as appropriate. Accordingly, EPA promulgated amended
standards and requirements for large MWCs on May 10, 2006. This
rulemaking resulted in two major revisions as well as other revisions.
The two major revisions include revisions to emission limits and
revisions to compliance testing provisions.
    Relative to the 1995 EG, the emission limits in the May 2006
rulemaking for existing large MWC units are revised for dioxin/furans
(only for units equipped with electrostatic precipitators), mercury,
cadmium, lead, particulate

matter, and nitrogen oxides (for some types of units). The second major
revision to the EG included revisions to the compliance testing
provisions to require increased data availability from continuous
emissions monitoring Systems (CEMS). CEMS are required to generate at
least 95% data availability on a calendar year basis and at least 90%
data availability on a calendar quarter basis. Also, the compliance
testing provisions have also been revised to allow the optional use of
CEMS to monitor particulate matter and mercury.
    Other revisions include the following:
     Operator stand-in provisions to clarify how long a shift
supervisor is allowed to be off site when a provisionally certified
control room operator is standing in;
     An 8-hour block average for measuring activated carbon
injection rate;
     A provision for waiver of operating parameter limits
during the mercury performance tests and two weeks preceding the test,
as is already allowed for dioxin testing;
     A revision to the relative accuracy criterion for sulfur
dioxide and carbon monoxide CEMS;
     Flexibility to the annual compliance testing schedule so
that a facility tests once per calendar year, but no less than 9 months
and not more than 15 months since the previous test;
     Allowing the use of parametric monitoring limits from an
exceptionally well-operated MWC unit to be applied to all identical
units at the same plant site without retesting for dioxin;
     The option of monitoring the activated carbon injection
pressure or equivalent parameter; and
     Clarifying the exclusion of monitoring data from
compliance calculations under certain conditions.
    New York's revised State plan submittal in July 2013 for existing
large MWCs includes all the revisions to subpart Cb, as amended on May
10, 2006.

III. New York's State Plan

A. What is contained in the New York State revised plan?

    On July 12, 2013,\2\ the New York State Department of Environmental
Conservation (NYSDEC) submitted to EPA its section 111(d)/129 State
plan to implement EPA's amended EG for existing large MWC units located
in New York State.
---------------------------------------------------------------------------

    \2\ In an email dated 12/06/2017, the New York State Department
of Environmental Conservation provided a copy of the NYS Office of
Attorney General opinion finding that NY state administrative
agencies are authorized to incorporate by reference federal statutes
and regulations that are applicable to the state, and that such
action is not prohibited by the NYS constitution.
---------------------------------------------------------------------------

    New York has incorporated by reference the applicable requirements
of the amended EG in Part 200 of Title 6 of the New York Code of Rules
and Regulations (6 NYCRR) of the State of New York, entitled ``General
Provisions.'' The amended regulation became effective on October 20,
2007. New York will enforce the requirements under Part 201, entitled
``Permits and Registration.'' By adopting the requirements of the
amended EG into Part 200, NYSDEC has the authority to include them as
applicable requirements in permits of emission sources subject to such
requirements. As a result, the Part 200 requirements are enforceable by
New York and become federally enforceable once the State plan is
approved by EPA.
    New York's revised State plan includes all of EPA's required
elements as described in the amended EG and 40 CFR subpart B, as
summarized herein:
    (1) A demonstration of the State's legal authority to implement the
sections 111(d) and 129 State plan;
    (2) State rules adopting the amended EG (6 NYCRR Part 200) as the
mechanism for implementing and enforcing the State plan;
    (3) An inventory of seven known large MWC facilities, including
eighteen large MWC units, along with an inventory of their air
pollutant emissions (see section C of New York's State plan);
    (4) Emission limits, emission standards, operator training and
qualification requirements, and operating limits that are at least as
protective as the amended EG;
    (5) Enforceable compliance schedules as indicated in the amended
EG. Compliance with revised emission limits (see 60.39b) is required as
expeditiously as practicable, but not later than April 28, 2009 except
as noted in 60.39b(g)(2) for a facility planning an extensive emission
control system upgrade who petitions the Administrator for a longer
compliance schedule. If approved by the Administrator, the longer
compliance schedule may be extended but not later than May 10, 2011. In
the event that no plan for implementing the amended EG is approved by
EPA, the applicable large MWC units must be in compliance with all
requirements of the amended EG no later than May 10, 2011 (see
60.39b(h)).
    (6) Testing, monitoring, reporting and recordkeeping requirements
for the designated facilities;
    (7) Records of the public hearing on the revised State plan; and,
    (8) Provisions for annual state progress reports to EPA on
implementation of the revised State plan.
    EPA proposes to determine that New York's revised State plan for
large MWC units includes all the required State plan elements described
in the amended EG and 40 CFR subpart.

B. What approval criteria did we use to evaluate New York's revised
State plan?

    EPA reviewed New York's revised State plan for approval against the
following criteria: 40 CFR 60.23 through 60.26, ``Subpart B--Adoption
and Submittal of State Plans for Designated Facilities;'' and ``Subpart
Cb Emission Guidelines and Compliance Times for Large Municipal Waste
Combustors That are Constructed on or Before September 20, 1994;'' and
40 CFR 62, subpart A, ``General Provisions'' for ``Approval and
Promulgation of State Plans for Designated Facilities and Pollutants.''

IV. What is EPA's conclusion?

    The EPA has determined that New York's revised State plan meets all
the applicable approval criteria as discussed above and, therefore, EPA
is proposing to approve New York State's sections 111(d) and 129
revised State plan for existing large municipal waste combustor units.

V. Statutory and Executive Order Reviews

    Pursuant to EPA regulations, the Administrator may approve a plan
or any portion thereof upon a determination that it meets Sections
111(d) and 129 of the Act and applicable regulations. 40 CFR Section
62.02.
    Accordingly, this action, if finalized, would merely approve state
law as meeting Federal requirements and would not impose additional
requirements beyond those imposed by state law.
    For that reason, this action, if finalized:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993); and 13563 (76 FR 3821, January
21, 2011);
     is not an Executive Order 13771 regulatory action because
this action is not significant under Executive Order 12866;
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule is not approved to apply on any
Indian reservation land or in any other area where EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements, Sulfur oxides, waste treatment and
disposal.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: August 19, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2018-19598 Filed 9-7-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: February 10, 2009 (Volume 74, Number 26)]
[Notices]
[Page 6622]
[DOCID:fr10fe09-60]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-554-000]

EcoGrove Wind, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

February 3, 2009.
    This is a supplemental notice in the above-referenced proceeding of
EcoGrove Wind, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR Part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC, 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability, is February 23, 2009.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

 Kimberly D. Bose,
 Secretary.
[FR Doc. E9-2692 Filed 2-9-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Notices]
[Page 44622]
[FR Doc No: 2018-18951]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HW-OECA-2014-0035; FRL--9982-67-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NSPS for Sulfuric Acid Plants (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NSPS for Sulfuric Acid Plants
(EPA ICR No. 1057.14, OMB Control No. 2060-0041), to the Office of
Management and Budget (OMB) for review and approval in accordance with
the Paperwork Reduction Act. This is a proposed extension of the ICR,
which is currently approved through September 30, 2018. Public comments
were previously requested, via the Federal Register, on June 29, 2017
during a 60-day comment period. This notice allows for an additional 30
days for public comments. A fuller description of the ICR is given
below, including its estimated burden and cost to the public. An agency
may neither conduct nor sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.

DATES: Additional comments may be submitted on or before October 1,
2018.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2014-0035, to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to [email protected], or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email
to [email protected]. Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change, including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; email address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The New Source Performance Standards (NSPS) for Sulfuric
Acid Plants (40 CFR part 60 Subpart H) apply to both existing
facilities and new facilities. New facilities include those that
commenced construction, modification or reconstruction after the date
of proposal. A sulfuric acid plant is any facility producing sulfuric
acid (H2SO4) by the contact process by burning
elemental sulfur, alkylation acid, hydrogen sulfide, organic sulfides
and mercaptans, or acid sludge. A sulfuric acid plant does not include
facilities where conversion to sulfuric acid is used primarily as a
means of preventing emissions to the atmosphere of sulfur dioxide
(SO2) or other sulfur compounds.
    In general, all NSPS standards require initial notifications,
performance tests, and periodic reports by the owners/operators of the
affected facilities. They are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. These notifications, reports, and
records are essential in determining compliance, and are required of
all affected facilities subject to NSPS.
    Form Numbers: None.
    Respondents/affected entities: Owners or operators of sulfuric acid
plants.
    Respondent's obligation to respond: Mandatory (40 CFR part 60,
subpart H).
    Estimated number of respondents: 53 (total).
    Frequency of response: Initially, occasionally, and semiannually.
    Total estimated burden: 13,500 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $1,660,000 (per year), which includes
$239,000 in annualized capital/startup and/or operation & maintenance
costs.
    Changes in the estimates: The increase in burden from the most
recently-approved ICR is due to an adjustment. Hours were added to
approximate the time spent by each source to familiarize with the rule
requirements, and the total hours were rounded to three significant
digits, which resulted in a small increase in labor hours and O&M costs
since the last renewal.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2018-18951 Filed 8-30-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 212 (Thursday, November 3, 2022)]
[Notices]
[Pages 66287-66288]
[FR Doc No: 2022-23942]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 4334-017]

EONY Generation Limited; Notice of Intent To Prepare an
Environmental Assessment

    On January 28, 2021, EONY Generation Limited (EONY) filed an
application for a new major license for the 3.645-megawatt Philadelphia
Hydroelectric Project (Philadelphia Project; FERC No. 4334). The
Philadelphia Project is located on the Indian River, in the Village of
Philadelphia in Jefferson County, New York. The project does not occupy
federal land.
    In accordance with the Commission's regulations, on July 21, 2022,
Commission staff issued a notice that the project was ready for
environmental analysis (REA Notice). Based on the information in the
record, including comments filed on the REA Notice, staff

does not anticipate that licensing the project would constitute a major
federal action significantly affecting the quality of the human
environment. Therefore, staff intends to prepare an Environmental
Assessment (EA) on the application to relicense the Philadelphia
Project.
    The EA will be issued and circulated for review by all interested
parties. All comments filed on the EA will be analyzed by staff and
considered in the Commission's final licensing decision.
    The application will be processed according to the following
schedule. Revisions to the schedule may be made as appropriate.

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                 Milestone                           Target date
------------------------------------------------------------------------
Commission issues EA......................  April 2023.\1\
Comments on EA............................  May 2023.
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    Any questions regarding this notice may be directed to Emily Carter
at<PHONE_NUMBER> or [email protected].
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    \1\ The Council on Environmental Quality's (CEQ) regulations
under 40 CFR 1501.10(b)(1) require that EAs be completed within 1
year of the federal action agency's decision to prepare an EA. This
notice establishes the Commission's intent to prepare an EA for the
Philadelphia Project. Therefore, in accordance with CEQ's
regulations, the EA must be issued within 1 year of the issuance
date of this notice.

    Dated: October 28, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-23942 Filed 11-2-22; 8:45 am]
BILLING CODE 6717-01-P