[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Notices]
[Pages 62125-62127]
[FR Doc No: 2016-21507]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2016-0243; FRL-9951-55-OAR]

Proposed Information Collection Request; Comment Request;
Information Collection Request for Plywood and Composite Wood Products
National Emission Standards for Hazardous Air Pollutants (NESHAP)
Residual Risk and Technology Review (RTR)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit an information collection request (ICR), ``Information
Collection Request for Plywood and Composite Wood Products National
Emission Standards for Hazardous Air Pollutants (NESHAP) Residual Risk
and Technology Review (RTR)'' (EPA ICR No. 2552.01, OMB Control No.
2060--NEW) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.). Before doing so, the EPA is soliciting public
comments on specific aspects of the proposed information collection as
described below. This is a request for approval of a new collection. An
Agency may not conduct or sponsor and a person is not required to
respond to a collection of information unless it displays a currently
valid OMB control number.

DATES: Comments must be submitted on or before November 7, 2016.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2016-0243, online using http://www.regulations.gov (our preferred
method), by email to<EMAIL_ADDRESS>or by mail to EPA Docket
Center (EPA/DC), Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW., Washington, DC 20460.
    The 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: John Bradfield, Sector Policies and
Programs Division, Office of Air Quality Planning and Standards (E143-
03), Environmental Protection Agency, 109 T.W. Alexander Drive,
Research Triangle Park, NC 27711; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
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 http://www.regulations.gov or in person at the EPA Docket Center (EPA/DC), EPA
WJC West Building, Room 3334, 1301 Constitution Ave. NW., Washington,
DC. The telephone number for the Docket Center is<PHONE_NUMBER>. The
telephone number for the public reading room is<PHONE_NUMBER>. For
additional information about the EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, the EPA is soliciting
comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and its practical feasibility and the assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. The EPA is evaluating the use of the
Compliance and Emissions Data Reporting Interface (CEDRI) to collect
ICR data for this category. Using CEDRI can both reduce the ICR
collection burden through the use of on-line information technology and
reduce reporting burdens in the future for affected facilities in the
category. The EPA is interested in receiving comments on the use of
this data collection approach.
    The EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval. At that time, the EPA will issue another Federal
Register notice to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB.
    Abstract: This ICR is being conducted by the EPA's Office of Air
and Radiation to assist the EPA Administrator to fulfill her
responsibilities under sections 112(d) and 112(f) of the Clean Air Act
(CAA), as amended. The CAA requires a review of each NESHAP following
the application of the standards to determine any remaining risk and
whether the standards protect public health with an ample margin of
safety and to determine whether more stringent standards are necessary
to prevent an adverse environmental effect. The CAA also requires that
the standard be reviewed and revised, as necessary, taking into account
developments in practices, processes, and control technology. For
efficiency and to reduce burden, these reviews are conducted
concurrently and known as residual risk and technology reviews (RTR).
In addition to the CAA reviews, in 2007, the United States Court of
Appeals for the District of Columbia Circuit issued a remand requiring
the administrator to develop standards for emission units identified in
the Plywood and Composite Wood Products (PCWP) NESHAP for which
emission limits were not promulgated.
    The EPA reviewed its emission inventory and compliance databases to
determine if its current information was sufficient to conduct an RTR
for the PCWP NESHAP and develop emission limits for the remanded PCWP
process units. The available data for the affected population of
plywood, composite wood products, and lumber dry kilns was found to be
insufficient to adequately review and evaluate the emission standards
for these source categories. The ICR will provide specific, required
information, including emission inventories, compliance demonstrations,
process changes, and information about control technologies/practices
adopted since the application of maximum achievable control technology
(MACT). Table 1 contains the North American Industry Classification
System (NAICS) codes of facilities impacted by this information
collection. Only major sources and synthetic area sources for these
NESHAP categories will be affected by this information collection.
    There will be a survey phase, Phase I, and a contingent testing
phase, Phase

II, in this information collection. Phase I seeks to collect facility-
level information (e.g., facility name, location, contact information,
and process unit details), emissions information, compliance data,
control information, and descriptions of technological innovations.
Phase I will be sent to all known operators of PCWP facilities that are
major sources for hazardous air pollutants (HAP) regulated by these
standards and synthetic area sources which used technology to avoid
major PCWP NESHAP source status. Phase I responses may contain CBI. The
survey will be provided and collected in an electronic format. The
submission requires the owner or operator to certify that the
information being provided is accurate and complete.
    If the emission information that we collect in Phase I is
inadequate to assess the remaining risk following the application of
MACT and/or to assess technological developments in practices,
processes, or controls that reduce HAP from PCWP facilities, we plan to
require facilities to conduct emissions testing and will implement
Phase II. Phase II, the testing phase of the survey, will be sent to
selected PCWP facilities across the different industry segments. The
emissions information collected in Phase II, if implemented, will not
be CBI. However, production information will also be collected so that
adequate emission factors can be generated from the required testing.
There may be some production information associated with the emissions
tests that facilities will consider CBI.
    If OMB approves this ICR, this one-time collection will solicit
information under authority of CAA section 114. The EPA intends to
provide the survey in electronic format. The survey will be sent to all
facilities identified as being affected by the PCWP NESHAP through
information available to the Agency. The EPA envisions allowing
recipients 90 days to respond to the survey after it is approved by the
OMB and distributed to the PCWP industry for their response. Non-
confidential information from this ICR would be made available to the
public. Any information designated as confidential by a survey
respondent that the EPA subsequently determines to constitute CBI or a
trade secret under the EPA's CBI regulations at 40 CFR part 2, subpart
B, will be protected pursuant to those regulations and, for trade
secrets, under 18 U.S.C. 1905. If no claim of confidentiality
accompanies the information when it is received by the EPA, it may be
made available to the public by the EPA without further notice pursuant
to the EPA regulations at 40 CFR 2.203. The EPA identified facilities
potentially subject to the PCWP MACT using the Air Facility System
(AFS) database, the Facility Registry Service (FRS) database, and the
Enforcement and Compliance History Online (ECHO) database. Facilities
were maintained in the facility list if the affected facilities were
labeled as major sources or synthetic minor sources. This conservative
approach to identifying affected facilities may overestimate the number
of respondents.

                Table 1--Examples of Regulated Industries
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       NAICS c odes                Examples of regulated entities
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321113...................  Sawmills with lumber kilns.
321211...................  Hardwood plywood and veneer plants.
321212...................  Softwood plywood and veneer plants.
321213...................  Structural Wood Members, Not Elsewhere
                            Classified (engineered wood products
                            plants).
321219...................  Reconstituted Wood Product Manufacturing.
32199....................  All Other Wood Product Manufacturing.
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    This ICR was developed specifically for facilities regulated by the
PCWP NESHAP rule and has been tailored to the processes of each PCWP
manufacturing segment listed in the above table. The federal emission
standard that is the subject of this information collection is the
National Emission Standards for Hazardous Air Pollutants: Plywood and
Composite Wood Products (40 CFR part 63, subpart DDDD).
    We have placed in the docket a draft version of the survey and are
considering two additional response options for which we are requesting
comment. First, we are considering an optional form for submitting
emission information which includes default emission factors from AP-42
and other industry technical publications. Respondents can use the
listed emission factors or their own factors. We believe this option
may reduce the survey burden. We are requesting comments about whether
such an emission estimation tool would be useful. Also, we plan to
provide facilities the option of an on-line, electronic submission
approach that will allow the entry of just the facility and sub-
facility information for the Phase I survey directly into the FRS
database using the Compliance and Emissions Data Reporting Interface
(CEDRI). While we anticipate that entering data to the FRS database
through CEDRI would reduce burden for the survey and for future EPA
information collection activities, we have not estimated the potential
burden reduction. Comments on the CEDRI/FRS information collection
approach addressing its usefulness as an alternative and whether
additional response time would be required are requested.
    Respondents are asked to complete forms from available information,
and no request is made to create or develop emission estimates from
information in the literature. Responses to the ICR are mandatory under
the authority of section 114 of the CAA.
    Form Numbers: None.
    Respondents/affected entities: Phase I of this ICR is specifically
requesting information from major source facilities regulated by the
PCWP NESHAP (40 CFR part 63, subpart DDDD) and synthetic area sources
whose permit limits remove the facility from PCWP applicability. Phase
II of this ICR, if implemented in whole or part, will only request
information from major source facilities regulated by the PCWP NESHAP
(40 CFR part 63, subpart DDDD).
    Respondent's obligation to respond: Responses to the ICR are
mandatory under the authority of section 114 of the CAA.
    Estimated number of respondents: 425 (total).
    Frequency of response: Once.
    Total estimated burden: Since phase II of this ICR is contingent on
the information collected in phase I, there is a range in the total
estimated burden for this ICR. The range is from $12,003,650 to
$19,778,180 and from 106,065 to 114,306 hours (per year), depending on
whether Phase II is required. Burden is defined at 5 CFR 1320.03(b).

    The Agency burden to implement Phase I is 14,658 hours and,
potentially, 994 hours for Phase II. The estimated cumulative Agency
burden to administer this ICR (all phases) is 15,652 hours.
    Total estimated cost: The estimated costs for the PCWP industry for
Phase I is $11,996,531, which includes $7,119 in operating and
maintenance (O&M) costs to cover mailing hard copies of Phase I. The
estimated Agency costs to administer Phase I is $511,033, which
includes $7,353 in O&M costs to send certified CAA section 114 letters
to all respondents selected for Phase I.
    Since the actions in Phase II are contingent on the information
collected in Phase I, the cost for Phase II could range from zero to
the amount needed to conduct all the potential tests outlined in the
test plan, the maximum amount. The EPA can only estimate the cost on
the maximum amount at this time, however, since the Phase I information
has not been collected. The estimated costs for the PCWP industry for
Phase II, if implemented in whole, is $7,774,530, which includes $637
in O&M costs to cover mailing hard copies of Phase II. The estimated
Agency costs to administer Phase II in whole is $34,872, which includes
$706 in O&M costs to send certified CAA section 114 letters to all
respondents selected for Phase II surveys with electronic return
receipt.
    The resulting maximum total industry costs for all phases of this
ICR is estimated to be $19,778,180, which includes $7,755 in O&M costs
to cover mailing hard copies of Phase I responses and Phase II. The
estimated cumulative Agency costs to administer this ICR (all phases)
is $545,905, which includes $8,059 in O&M costs to send certified CAA
section 114 letters to all respondents selected for Phase I and Phase
II surveys with electronic return receipt.
    Changes in Estimates: This is a new ICR, so this section does not
apply.

Peter Tsirigotis,
Director, Sector Policies and Programs Division, Office of Air Quality
Planning and Standards.
[FR Doc. 2016-21507 Filed 9-7-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Proposed Rules]
[Pages 30020-30022]
[FR Doc No: E9-14807]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0143; Directorate Identifier 2009-NE-05-AD]
RIN 2120-AA64

Airworthiness Directives; General Electric Company GE90-110B1,
GE90-113B, and GE90-115B Series Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for General Electric Company (GE) GE90-110B1, GE90-113B, and GE90-115B
series turbofan engines with stage 6 low-pressure turbine (LPT) blades,
part number (P/N) 1765M37P03 or P/N 1765M37P04, installed. This
proposed AD would require initial and repetitive inspections for shroud
interlock wear of the stage 6 LPT blades. This proposed AD would also
require replacing those blades with stage 6 LPT blades eligible for
installation at the next engine shop visit as terminating action to the
repetitive blade inspections. This proposed AD results from eight
reports of GE90-115B stage 6 LPT single-blade separation events. We are
proposing this AD to prevent failure of stage 6 LPT blades, which could
result in uncontained engine failure and damage to the airplane.

DATES: We must receive any comments on this proposed AD by August 24,
2009.

ADDRESSES: Use one of the following addresses to comment on this
proposed AD.
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Contact General Electric Company via GE--Aviation, Attn:
Distributions, 111 Merchant St., Room 230, Cincinnati, Ohio 45246;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>, for a copy of the service
information identified in this proposed AD.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send us any written relevant data, views, or
arguments regarding this proposal. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2009-0143; Directorate
Identifier 2009-NE-05-AD'' in the subject line of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of the proposed AD. We will consider
all comments received by the closing date and may amend the

proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this proposed AD. Using the search
function of the Web site, anyone can find and read the comments in any
of our dockets, including, if provided, the name of the individual who
sent the comment (or signed the comment on behalf of an association,
business, labor union, etc.). You may review the DOT's complete Privacy
Act Statement in the Federal Register published on April 11, 2000 (65
FR 19477-78).

Examining the AD Docket

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

Discussion

    Since December of 2007, GE reported eight instances of stage 6 LPT
single-blade failures in some GE90 series engines. GE's investigation
indicated that excessive wear at the shroud interlock of stage 6 LPT
blades, P/N 1765M37P03 or P/N 1765M37P04, caused the failures. The
interlock surface wears during operation which results in a loss of
axial preload (contact between two surfaces) between two adjacent stage
6 LPT blades. This wear leads to increased tip deflection and blade
stress. This condition, if not corrected, could result in failure of
stage 6 LPT blades, which could result in uncontained engine failure
and damage to the airplane.

Relevant Service Information

    We have reviewed and approved the technical contents of GE Service
Bulletin No. GE90-100 SB 72-0260, Revision 6, dated May 1, 2009. That
SB describes procedures for inspecting stage 6 LPT blades, P/N
1765M37P03, and P/N 1765M37P04, for shroud interlock wear.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an
unsafe condition that is likely to exist or develop on other products
of this same type design. We are proposing this AD, which would require
initial and repetitive inspections for shroud interlock wear of stage 6
LPT blades, P/N 1765M37P03 and P/N 1765M37P04. This proposed AD would
also require replacing those blades with stage 6 LPT blades eligible
for installation, at the next engine shop visit, as terminating action
to the repetitive blade inspections. The proposed AD would require you
to use the service information described previously to perform these
actions.

Costs of Compliance

    We estimate that this proposed AD would affect four GE GE90 series
engines installed on airplanes of U.S. registry. We also estimate that
it would take about 18 work-hours per engine to perform one inspection
of the stage 6 LPT blades, and that the average labor rate is $80 per
work-hour. Replacement stage 6 LPT blades would cost $258,280 per
engine. We estimate that no additional labor costs would be incurred to
perform the required blade replacements, because the replacements would
be done at the time of the engine shop visit. Based on these figures,
we estimate the total cost of the proposed AD for one inspection to
U.S. operators to be $1,038,880.

Authority for This Rulemaking

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

Regulatory Findings

    We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD. You may get a copy of this summary at the
address listed under ADDRESSES.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

General Electric Company: Docket No. FAA-2009-0143; Directorate
Identifier 2009-NE-05-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive
comments on this airworthiness directive (AD) action by August 24,
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to General Electric Company (GE) GE90-110B1,
GE90-113B, and GE90-115B series turbofan engines with stage 6 low-
pressure turbine (LPT) blades, part number (P/N) 1765M37P03 or P/N
1765M37P04, installed. These engines are installed on, but not
limited to, Boeing 777-200LR, 777-300ER, and 777 Freighter series
airplanes.

Unsafe Condition

    (d) This AD results from eight reports of GE90-115B stage 6 LPT
single-blade separation events. We are issuing this AD to prevent
failure of stage 6 LPT blades, which could result in uncontained
engine failure and damage to the airplane.

Compliance

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

Inspections

    (f) Before accumulating 3,000 engine operating hours time-since-
new, or 400 engine cycles-since-new, whichever occurs first, inspect
the stage 6 LPT blades, P/N 1765M37P03 or P/N 1765M37P04 for shroud
interlock wear. Thereafter, reinspect within every 1,000 engine
operating hours, or within 125 engine cycles-since-last inspection,
whichever occurs first. Use paragraphs 3.A. through 3.A.(3)(g)(12)
of the Accomplishment Instructions of GE Service Bulletin (SB) No.
GE90-100 SB 72-0260, Revision 6, dated May 1, 2009, to do the
inspections.

Terminating Action

    (g) At the next engine shop visit, replace stage 6 LPT blades,
P/N 1765M37P03 or P/N 1765M37P04, with stage 6 LPT blades eligible
for installation as terminating action to the repetitive inspections
required by this AD.

Installation Prohibition of Affected Stage 6 LPT Blades

    (h) After the effective date of this AD, do not install any
stage 6 LPT blades, P/N 1765M37P03 or P/N 1765M37P04, onto any
engine.

Previous Credit

    (i) An inspection performed before the effective date of this AD
using GE SB No. GE90-100 SB 72-0260, Revision 4, dated October 8,
2008, or Revision 5, dated November 7, 2008, satisfies the initial
inspection requirement of this AD.

Definition

    (j) For the purpose of this AD, an engine shop visit is
induction of the engine into the shop for any cause.

Alternative Methods of Compliance

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

Related Information

    (l) Contact Barbara Caufield, Aerospace Engineer, Engine
Certification Office, FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax (781) 238-
7199, for more information about this AD.
    (m) Guidance on stage 6 LPT blades that are eligible for
installation can be found in GE Service Bulletin No. 72-0279,
Revision 1, dated December 11, 2008, and GE Service Bulletin No. 72-
0313, dated March 18, 2009.
    (n) Contact General Electric Company via GE--Aviation, Attn:
Distributions, 111 Merchant St., Room 230, Cincinnati, Ohio 45246;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>, for a copy of the
service information identified in this AD.

    Issued in Burlington, Massachusetts, on June 17, 2009.
Carlos Pestana,
Acting Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. E9-14807 Filed 6-23-09; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Proposed Rules]
[Pages 7901-7902]
[FR Doc No: 2023-02575]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0049; Airspace Docket No. 22-ASO-17]
RIN 2120-AA66

Amendment of High Altitude Area Navigation (RNAV) Route Q-101;
Eastern United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend high altitude area navigation
(RNAV) route Q-101 in the eastern United States. This action would
support the Northeast Corridor Atlantic Coast Route Project to improve
the efficiency of the National Airspace System (NAS) and reduce the
dependency on ground-based navigational systems.

DATES: Comments must be received on or before March 9, 2023.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2023-0049; Airspace Docket No. 22-ASO-17 at the beginning of your
comments. You may also submit comments through the internet at
www.regulations.gov.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    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 would modify the route structure as necessary to
preserve the safe and efficient flow of air traffic within the NAS.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers (FAA Docket No. FAA-
2023-0049; Airspace Docket No. 22-ASO-17) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2023-0049; Airspace Docket No. 22-ASO-17.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing

date will be considered before taking action on the proposed rule. The
proposal contained in this action may be changed in light of comments
received. All comments submitted will be available for examination in
the public docket both before and after the comment closing date. A
report summarizing each substantive public contact with FAA personnel
concerned with this rulemaking will be filed in the docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Eastern Service Center, Federal
Aviation Administration, Room 210, 1701 Columbia Avenue, College Park,
GA 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11G, Airspace
Designations and Reporting Points, dated August 19, 2022, and effective
September 15, 2022. FAA Order JO 7400.11G is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11G
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to amend RNAV
route Q-101, in the eastern United States. This action would support
the Northeast Corridor Atlantic Coast Route Project by linking Q-101 to
other east coast Air Traffic Service routes to enhance air traffic
flows.
    The proposed route amendment is as follows:
    Q-101: Q-101 currently extends between the SKARP, NC, waypoint
(WP), and the TUGGR, VA, WP. The FAA proposes to extend Q-101
approximately 10 nautical miles to the north of the TUGGR WP, to the
KALDA, VA, Fix. This would provide additional routing options for
northbound and southbound air traffic.
    United States area navigation routes are published in paragraph
2006 of FAA Order JO 7400.11G dated August 19, 2022, and effective
September 15, 2022, which is incorporated by reference in 14 CFR 71.1.
The area navigation route listed in this document would be published
subsequently in FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (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 proposed 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.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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 14 CFR 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 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 JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:
* * * * *

Paragraph 2006 United States Area Navigation Routes.

* * * * *

Q-101 SKARP, NC to KALDA, VA [AMENDED]
SKARP, NC                                      WP                            (Lat. 34[deg]29'10.30'' N, long. 077[deg]24'37.54'' W)
PRANK, NC                                      WP                            (Lat. 35[deg]14'27.41''N, long. 076[deg]56'28.54''W)
BGBRD, NC                                      WP                            (Lat. 35[deg]53'45.11'' N, long. 076[deg]32'23.15'' W)
HYPAL,VA                                       WP                            (Lat. 37[deg]03'27.23'' N, long. 075[deg]44'43.09'' W)
TUGGR, VA                                      WP                            (Lat. 37[deg]41'08.72'' N, long. 075[deg]36'36.92'' W)
KALDA, VA                                      FIX                           (Lat. 37[deg]50'31.06'' N, long. 075[deg]37'35.34'' W)

* * * * *

    Issued in Washington, DC, on February 2, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-02575 Filed 2-6-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 51 (Tuesday, March 17, 2015)]
[Notices]
[Pages 13922-13923]
[FR Doc No: 2015-05986]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-433, OMB Control No. 3235-0489]

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

Extension:
    Rule 17a-6. SEC File No. 270-433, OMB Control No. 3235-0489.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information provided for in Rule 17a-6 (17 CFR 240.17a-6) under the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.). The Commission
plans to submit this existing collection of information to the Office
of Management and Budget (``OMB'') for extension and approval.
    Rule 17a-6 permits national securities exchanges, national
securities associations, registered clearing

agencies, and the Municipal Securities Rulemaking Board (``MSRB'')
(collectively, ``SROs'') to destroy or convert to microfilm or other
recording media records maintained under Rule 17a-1, if they have filed
a record destruction plan with the Commission and the Commission has
declared the plan effective.
    There are currently 29 SROs: 18 national securities exchanges, 1
national securities association, the MSRB, and 9 registered clearing
agencies. Of the 29 SROs, only 2 SRO respondents have filed a record
destruction plan with the Commission. The staff calculates that the
preparation and filing of a new record destruction plan should take 160
hours. Further, any existing SRO record destruction plans may require
revision, over time, in response to, for example, changes in document
retention technology, which the Commission estimates will take much
less than the 160 hours estimated for a new plan. The Commission
estimates that each SRO that has filed a destruction plan will spend
approximately 30 hours per year making required revisions. Thus, the
total annual compliance burden is estimated to be 60 hours per year
based on two respondents. The approximate compliance cost per hour is
$380, resulting in a total internal cost of compliance for these
respondents of $22,800 per year (60 hours @$380 per hour).
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimate of the burden of the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: Pamela Dyson, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549, or send an email
to<EMAIL_ADDRESS>
    Dated: March 10, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-05986 Filed 3-16-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 71 (Wednesday, April 13, 2022)]
[Rules and Regulations]
[Pages 21750-21752]
[FR Doc No: 2022-07818]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0223]
RIN 1625-AA00

Safety Zone; Tennessee River, Tuscumbia, AL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Tennessee River from mile marker (MM) 244.0
to MM 246.0. The safety zone is needed to protect personnel, vessels,
and the marine environment from potential hazards created by TVA
imploding the Colbert Fossil Plant. Entry of vessels or persons into
this zone is prohibited unless specifically authorized by the Captain
of the Port Sector Ohio Valley or a designated represenative.

DATES: This rule is effective from 6 a.m. through 8 a.m. on April 14,
2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0223 in the search box and click ``SEARCH.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Third Class Benjamin Gardner, Marine Safety
Detachment Nashville, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this emergency temporary rule without
prior notice and opportunity to comment pursuant to authority under
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)). This provision authorizes an agency to issue a rule without
prior notice and opportunity to comment when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this rule because it is
impracticable. We must establish this safety zone immediately and lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Ohio
Valley (COTP) has determined that potential hazards associated with the
TVA Colbert Fossil Plant Implosion will be a safety concern for anyone
within 2 miles of the Colbert Plant implosion, and is establishing a
safety zone from mile marker (MM) 244.0 to 246.0 on the Tennessee
River. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters for the duration of the
fiber line installation.

IV. Discussion of the Rule

    This rule establishes an emergency safety zone from 6 a.m. until 8
a.m. on April 14, 2022. The safety zone will cover all navigable waters
between Mile Marker (MM) 244.0 to 246.0 on the Tennessee River,
extending the entire width of the river. The duration of the zone is
intended to protect personnel, vessels, and the marine environment in
these navigable waters while TVA is imploding the Colbert Fossil Plant.
No vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.
    A designated representative is a commissioned, warrant, or petty
officer of the U.S. Coast Guard assigned to units under the operational
control of USCG Sector Ohio Valley.
    Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. To seek entry
into the safety zone, contact the COTP or the COTP's representative by
telephone at<PHONE_NUMBER> or on VHF-FM channel 16. Persons and vessels
permitted to enter this safety zone must transit at their slowest safe
speed and comply with all lawful directions issued by the COTP or the
designated representative.
    The COTP or a designated representative will inform the public
through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners
(LNMs), and Marine Safety Information Bulletins (MSIBs) about this
safety zone, enforcement period, as well as any changes in the dates
and times of enforcement.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. This safety
zone restricts transit on a two mile segment of the Tennessee River for
2 hours on one day. Moreover, the Coast Guard would issue Broadcast
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and
Marine Safety Information Bulletins (MSIBs) about this safety zone so
that waterway users may plan accordingly for this short restriction on
transit, and the rule allows vessels to request permission to enter the
zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of
1969(42 U.S.C. 4321-4370f), and have determined that this action is one
of a category of actions that do not individually or cumulatively have
a significant effect on the human environment. This rule involves a
safety zone lasting only 2 hours that will prohibit entry between MM
244.0 to 246.0 on the Tennessee River to implode the Colbert Fossil
Plant. It is categorically excluded from further review under paragraph
L60 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. Due to the emergency nature of this rulemaking, a Record of
Environmental Consideration is not required. For instructions on
locating the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water) Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1,
Revision No. 01.2.

0
2. Add Sec.  165.T08-0223 to read as follows:

Sec.  165.T08-0223  Safety Zone; Tennessee River, Tuscumbia, AL.

    (a) Location. The following area is a safety zone: All navigable
waters of the Tennessee River, Mile Markers 244.0 to 246.0, extending
the entire width of the river.
    (b) Periods of enforcement. This section will be enforced from 6
a.m. through 8 a.m. on April 14, 2022. and
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this

section unless authorized by the Captain of the Port Sector Ohio Valley
(COTP) or the COTP's designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard assigned to units under the operational control of USCG
Sector Ohio Valley.
    (2) Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. To seek entry
into the safety zone, contact the COTP or the COTP's representative by
telephone at<PHONE_NUMBER> or on VHF-FM channel 16.
    (3) Persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
    (d) Informational broadcasts. The COTP or a designated
representative will inform the public through Broadcast Notices to
Mariners (BNMs), Local Notices to Mariners (LNMs), and Marine Safety
Information Bulletins (MSIBs) about this safety zone, enforcement
period, as well as any changes in the dates and times of enforcement.

    Dated: April 4, 2022.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2022-07818 Filed 4-12-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: December 1, 2005 (Volume 70, Number 230)]
[Proposed Rules]
[Page 72090-72094]
[DOCID:fr01de05-18]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 284

[Docket No. RM06-5-000]

Amendments to Codes of Conduct for Unbundled Sales Service and
for Persons Holding Blanket Marketing Certificates

November 21, 2005.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) is
proposing to amend its regulations regarding the blanket certificates
for unbundled gas sales services held by interstate natural gas
pipelines and the blanket marketing certificates held by persons making
sales for resale of gas at negotiated rates in interstate commerce.
Specifically, the Commission proposes to repeal sections of the
Commission's regulations pertaining to codes of conduct with respect to
certain sales of natural gas once we have issued final regulations
implementing the anti-manipulation provisions of the Energy Policy Act
of 2005 and have incorporated other aspects of such regulations in
appropriate Commission orders, rules and regulations. The Commission
seeks public comment on whether such regulations should be repealed as
proposed herein.

DATES: Comments are due January 3, 2006. Reply comments are due January
17, 2006.

ADDRESSES: Comments may be filed electronically via the eFiling link on
the Commission's Web site at http://www.ferc.gov. Commenters unable to

file comments electronically must send an original and 14 copies of
their comments to: Federal Energy Regulatory Commission, Office of the
Secretary, 888 First Street, NE., Washington, DC 20426. Refer to the
Comment Procedures section of the preamble for additional information
on how to file comments.

FOR FURTHER INFORMATION CONTACT: Frank Karabetsos, Office of General
Counsel, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Introduction

    1. In this Notice of Proposed Rulemaking (NOPR), the Commission
seeks comments on whether to repeal sections 284.288 and 284.403 of its
regulations,\1\ which requires that pipelines and all sellers for
resale adhere to a code of conduct with respect to certain sales of
natural gas, as implemented pursuant to Order No. 644.\2\ The central
purpose of sections 284.288 and 284.403 of the Commission's regulations
is to prohibit market manipulation. In the Energy Policy Act of 2005
(EPAct 2005),\3\ Congress enacted new section 4A of the Natural Gas Act
(NGA) which specifically bars manipulation in connection with the
purchase or sale of natural gas or transportation services and
authorizes the Commission to promulgate rules and regulations
prohibiting market manipulation. In a Notice of Proposed Rulemaking
issued October 20, 2005, the Commission has proposed rules to implement
the new statutory anti-manipulation provisions.\4\ We propose repealing
sections 284.288 and 284.403 of the Commission's regulations once we
have issued final regulations implementing the anti-manipulation
provisions of EPAct 2005 and have incorporated other aspects of
sections 284.288 and 284.403 of the Commission's regulations in
appropriate Commission orders, rules, and regulations. We are also
requesting comment on whether sections 284.288 and 284.403 should be
repealed prospectively.
---------------------------------------------------------------------------

    \1\ 18 CFR 284.288 and 284.403 (2005). Sections 284.288 and
284.403 of the Commission's regulations are provided in Attachment A
hereto.
    \2\ Amendments to Blanket Sales Certificates, Order No. 644, 105
FERC ] 61,217 (2003), reh'g denied 107 FERC ] 61,174; 68 FR 66,323
(Nov. 26, 2003); 18 CFR 284.288(a) and 284.403(a) (2003) (Order No.
644). Order No. 644 is currently on appeal. See Cinergy Marketing &
Trading, L.P. v. FERC, No. 04-1168 et al. (D.C. Cir., appeal filed
April 28, 2004).
    \3\ Energy Policy Act of 2005, Pub. L. 109-58, 119 Stat. 594
(2005).
    \4\ Prohibition of Energy Market Manipulation, 113 FERC ] 61,067
(2005) (Prohibition of Energy Market Manipulation NOPR).
---------------------------------------------------------------------------

Background

    2. On November 17, 2003, acting pursuant to section 7 of the NGA,
we issued a final rule, Order No. 644, amending blanket certificates
for unbundled gas sales services held by interstate natural gas
pipelines and blanket marketing certificates held by persons making
sales for resale of natural gas at negotiated rates in interstate
commerce. This rule requires that pipelines that provide unbundled
natural gas sales service and all sellers of natural gas for resale
adhere to a code of conduct with respect to natural gas sales. The
Commission determined that in order to protect and maintain the
competitive natural gas market and to continue its light-handed
regulation of the gas sales within its jurisdiction, it was necessary
to place additional conditions on its grant of market-based sales
certificates. In formulating such conditions to the market-based rate
certificates the Commission was fulfilling its obligation to
appropriately monitor markets and to ensure that market-based rates
remain within the zone of reasonableness required by the NGA.\5\
---------------------------------------------------------------------------

    \5\ 105 FERC ] 61,217 at P 91 (2003).
---------------------------------------------------------------------------

    3. Under sections 284.288(a) and 284.403(a) of the Commission's
regulations, a pipeline providing unbundled natural gas sales service
under section 284.284, or any person making natural gas sales for
resale in interstate commerce pursuant to section 284.402, ``is
prohibited from engaging in actions or transactions that are without a
legitimate business purpose and that are intended to or foreseeably
could manipulate market prices, market conditions, or market rules for
natural gas.'' Prohibited actions or transactions include wash trades
and collusion for the purpose of market manipulation.\6\
---------------------------------------------------------------------------

    \6\ 18 CFR 284.288(a)(1)-(2) and 284.403(a)(1)-(2) (2005).
---------------------------------------------------------------------------

    4. Sections 284.288(b) and 284.403(b) deal with reporting of
transaction information to price index publishers. They require that if
a seller reports transaction data, the data be accurate and factual,
and not knowingly false or misleading, and be reported in accordance
with the Commission's Policy Statement on price indices.\7\ Sections
284.288(b) and 284.403(b) also require that sellers notify the
Commission of whether they report transaction data to price index
publishers in accordance with the Policy Statement, and to update any
changes in their reporting status.
---------------------------------------------------------------------------

    \7\ Policy Statement on Natural Gas and Electric Price Indices,
104 FERC ] 61,121 (2003).
---------------------------------------------------------------------------

    5. Sections 284.288(c) and 284.403(c) require that sellers retain
for a minimum three year period all data and information upon which
they billed the prices charged for natural gas sales made under their
market-based sales certificates or in transactions the prices of which
were reported to price index publishers.
    6. Sections 284.288(d)-(e) and 284.403(d)-(e) of the Commission's
regulations are largely procedural in nature. Specifically, sections
284.288(d) and 284.403(d) deal with remedies for violations of the
codes of conduct requirements set forth in preceding paragraphs (a)
through (c) of sections 284.288 and 284.403. Sections 284.288(e) and
284.403(e) deal with time limits on complaints and Commission
enforcement of the codes of conduct requirements.
    7. At the same time that Order No. 644 was adopted for pipelines
that provide unbundled natural gas sales service and holders of blanket
certificate authority that make sales for resale of natural gas, the
Commission also issued an order to require wholesale sellers of
electricity at market-based rates to

adhere to certain behavioral rules when making sales of electricity.\8\
---------------------------------------------------------------------------

    \8\ Investigation of Terms and Conditions of Public Utility
Market-Based Rate Authorizations, ``Order Amending Market-Based Rate
Tariffs and Authorizations,'' 105 FERC ] 61,218 (2003), reh'g
denied, 107 FERC ] 61,175 (2004) at Appendix A.
---------------------------------------------------------------------------

EPAct 2005 and Proposed New Rules

    8. As noted, section 315 of EPAct 2005 amended the NGA to add a new
section 4A, which prohibits the use or employment of ``any manipulative
or deceptive device or contrivance'' in connection with the purchase or
sale of natural gas or the purchase or sale of transportation services
subject to the jurisdiction of the Commission. In order to implement
the anti-manipulation provisions of NGA section 4A, we issued the
Prohibition of Energy Market Manipulation NOPR, proposing new
regulations (proposed Part 159 regulations) to make it unlawful for any
entity, directly or indirectly, in connection with the purchase or sale
of natural gas or the purchase or sale of transportation services
subject to the jurisdiction of the Commission (1) to use or employ any
device, scheme, or artifice to defraud, (2) to make any untrue
statement of a material fact or to omit to state a material fact
necessary in order to make the statements made, in the light of the
circumstances under which they were made, not misleading, or (3) to
engage in any act, practice, or course of business that operates or
would operate as a fraud or deceit upon any person.\9\
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    \9\ The proposed Part 159 regulations are also provided in
Attachment A hereto.
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    9. In the Prohibition of Energy Market Manipulation NOPR, we
recognized that sections 284.288(a) and 284.403(a) of the Commission's
regulations also prohibit manipulative conduct. We noted that conduct
that violates sections 284.288(a) or 284.403(a) and the proposed Part
159 regulations will be treated as one violation of anti-manipulation
rules, and that we will not apply duplicative penalties for the same
conduct in the event that conduct were to violate both sections
284.288(a) or 284.403(a) and the proposed Part 159 regulations. We also
indicated that we would seek comment on whether sections 284.288(a) and
284.403(a) of the Commission's regulations should be revised or
repealed in light of the proposed Part 159 regulations.

Discussion

    10. Our goal is to provide firm but fair enforcement of the
statutes, orders, rules, and regulations we administer. To do so, it is
important that our rules be as clear as possible so that market
participants and entities subject to our rules and regulations
understand what conduct is proscribed and can act accordingly.\10\ We
propose to repeal sections 284.288 and 284.403 in light of the proposed
Part 159 regulations to implement the new anti-manipulation provisions
contained in section 4A of the NGA and of the Commission's other rules
and regulations.\11\ All market participants subject to sections
284.288 and 284.403 are ``entities'' subject to EPAct 2005 and
therefore will be subject to the new regulations prohibiting
manipulation, deceit, and fraud in connection with wholesale natural
gas transactions. Other aspects of sections 284.288 and 284.403 of the
Commission's regulations either reflect existing requirements or can be
incorporated into other rules, making it unnecessary to retain the
separate list of rules in sections 284.288(a)-(e) and 284.403(a)-(e) of
the Commission's regulations.
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    \10\ As discussed in the Prohibition of Energy Market
Manipulation NOPR (at P 14), section 4A of the NGA, as added by
section 315 of EPAct 2005, and the proposed implementing rules are
patterned after section 10(b) of the Securities Exchange Act of 1934
and related regulations, which provides a level of certainty as to
how the proposed rules will operate that is not typically available.
    \11\ Concurrently with this NOPR, we are issuing an order
pursuant to section 206 of the Federal Power Act (FPA) in Docket No.
EL06-16-000 to consider similar changes to the Market Behavior
Rules, which are currently included in all public utility sellers'
market-based rate tariffs and authorizations.
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    11. We think that repeal of sections 284.288 and 284.403 of the
Commission's regulations will simplify the Commission's rules and
regulations, avoid confusion, and provide greater clarity and
regulatory certainty to the industry. At the same time, we think that
the behaviors described in sections 284.288 and 284.403 of the
Commission's regulations will still be addressed through other rules
and regulations. We emphasize our belief that repeal of sections
284.288 and 284.403 of the Commission's regulations is intended to take
into account the passage of EPAct 2005, which has provided the
Commission with expanded anti-manipulation authority, and to simplify
and streamline the rules and regulations sellers must follow, not to
eliminate beneficial rules governing market behavior.
    12. The heart of sections 284.288 and 284.403 of the Commission's
regulations is subparagraph (a), prohibiting manipulation. We recognize
that there is overlap between sections 284.288(a) and 284.403(a) of the
Commission's regulations and the proposed Part 159 regulations. We are
concerned that this could cause unnecessary confusion and regulatory
uncertainty once the proposed Part 159 regulations are in place. It is
our view that the scope of the new statutory prohibition on
manipulation and the reach of the proposed Part 159 regulations
eliminate the need for sections 284.288(a) and 284.403(a) of the
Commission's regulations.
    13. We recognize there are some differences, but the differences do
not seem to require keeping sections 284.288 and 284.403 of the
Commission's regulations once the new Part 159 regulations are
final.\12\ For instance, there is a difference in the standard of proof
between sections 284.288(a) and 284.403(a) of the Commission's
regulations and the proposed Part 159 regulations. In new section 4A of
the NGA, Congress used the terms ``manipulative or deceptive device or
contrivance'' and directed that they be given the same meaning as used
in section 10b of the Securities Exchange Act of 1934.\13\
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    \12\ The timing of proposed repeal is important. We do not
intend to leave any gap in our regulations prohibiting manipulation
of energy markets or other requirements of sections 284.288 and
284.403 of the Commission's regulations.
    \13\ 15 U.S.C. 78j(b) (2005).
---------------------------------------------------------------------------

    Those terms have been interpreted to require a showing of scienter,
that is, an intent to deceive, manipulate or defraud.\14\ In other
words, knowing, intentional, or reckless conduct is proscribed.\15\ In
contrast, sections 284.288(a) and 284.403(a) of the Commission's
regulations do not require a showing of scienter, as they prohibit
actions or transactions that ``foreseeably'' could manipulate market
prices, conditions, or rules. The ``foreseeably'' requirement has
generated controversy and uncertainty, however. We believe the use of a
scienter standard, given the precedent in other regulatory contexts,
will draw a clearer line between acceptable and prohibited behavior.
---------------------------------------------------------------------------

    \14\ Ernst & Ernst v. Hochfelder, 425 U.S. 185, 201 (1976).
    \15\ Sundstrand Corp. v. Sun Chemical Corp., 553 F.2d 1033 (7th
Cir. 1977), cert. denied, 434 U.S. 875 (1977) (defining recklessness
in the section 10(b) and Rule 10b-5 context as ``a highly
unreasonable omission, involving not merely simple, or even
inexcusable negligence, but an extreme departure from the standards
of ordinary care, and which presents a danger of misleading buyers
or sellers that is either known to the defendant or is so obvious
that the actor must have been aware of it.''); accord In Re Silicon
Graphics Securities Litigation, 183 F.3d 970, 977 (9th Cir. 1999).
---------------------------------------------------------------------------

    14. We also note that the new authority granted to the Commission
in section 4A of the NGA and our proposed Part 159 regulations governs
more transactions and more entities

than is the case for sections 284.288(a) and 284.403(a) of the
Commission's regulations, which covers only certain natural gas
sellers. More precisely, Congress made the anti-manipulation provisions
of section 315 applicable to ``any entity'' and in connection with both
the purchase and sale of natural gas, as well as the purchase or sale
of transportation services subject to our jurisdiction. Sections
284.288(a) and 284.403(a) of the Commission's regulations, on the other
hand, are applicable only to a pipeline providing unbundled natural gas
sales service under section 284.284, or any person making natural gas
sales for resale in interstate commerce pursuant to section 284.402, a
smaller subset of the entities and types of transactions than those
subject to EPAct 2005 section 315 prohibition of manipulation.
    15. Additionally, it is our view that it is not necessary to retain
the explicit prohibitions against certain conduct set forth in sections
284.288(a)(1)-(2) and 284.403(a)(1)-(2) (wash trades and collusion for
the purpose of market manipulation). These are examples of prohibited
manipulation, both of which are manipulative or deceptive devices or
contrivances. Thus, both would be barred by the proposed Part 159
regulations. For example, wash trades would be devices or schemes to
defraud (proposed section 159.1(a)(1)). It is our view that market
participants are on notice that wash trades and colluding to manipulate
are prohibited activities under the proposed Part 159 regulations,
subject to penalty and remedial action.
    16. Turning to the other subparagraphs of sections 284.288 and
284.403 of the Commission's regulations, it appears that the
requirements imposed there either are duplicative of other rules or
regulations or can be incorporated into other rules of general
applicability. For instance, the first part of sections 284.288(b) and
284.403(b), requiring sellers to provide accurate data to price index
publishers if the seller is reporting transactions to such publishers,
calls for accurate and truthful representations. It is our view that
failure to do so would be a violation of the proposed Part 159
regulations.
    Sections 284.288(b) and 284.403(b) of the Commission's regulations
also include a requirement that sellers notify the Commission of their
price reporting status and any changes in that status. This does not
appear elsewhere in our current or proposed regulations. We note,
however, that price transparency is also addressed by EPAct 2005, which
adds new section 23 to the NGA. Section 23 gives us authority to
promulgate rules and regulations necessary to facilitate price
transparency. We intend to address market transparency issues in a
separate proceeding, and anticipate that rules adopted in that
proceeding will address the sections 284.288(b) and 284.403(b)
requirements for providing transaction information to price index
publishers and informing the Commission of price reporting status.
    17. Sections 284.288(c) and 284.403(c) requires sellers to maintain
certain records for a period of three years to reconstruct prices
charged for natural gas. The Commission has a number of specific record
retention requirements applicable to natural gas companies subject to
the jurisdiction of the Commission in Part 225 of our regulations.\16\
In many cases, these requirements are for time periods longer than
three years. The Part 225 requirements are largely related to cost-of-
service rate requirements, however. We believe it is important that all
pipelines providing unbundled natural gas sales service and all persons
holding blanket certificates making natural gas sales for resale in
interstate commerce retain the data and information described in
sections 284.288(c) and 284.403(c) of the Commission's regulations. We
intend to address this retention requirement in the context of our
rules under the NGA, such that there will be no gap in the retention
requirement. We believe that doing so would eliminate the need to
retain sections 284.288(c) and 284.403(c) of the Commission's
regulations.
---------------------------------------------------------------------------

    \16\ 18 CFR Part 225 (2005).
---------------------------------------------------------------------------

    18. If the Commission decides to repeal sections 284.288(a)-(c) and
284.403(a)-(c) of its regulations, it is the Commission's view that
sections 284.288(d) and 284.403(d) of the Commissions' regulations,
dealing with remedies, and sections 284.288(e) and 284.404(e), dealing
with time limits on complaints and Commission enforcement, are largely
procedural and would become superfluous without the underlying
operative paragraphs and therefore should be deleted.
    19. In addition to simplifying our codes of conduct rules, avoiding
confusion, and providing more regulatory certainty, it is also our view
that a smooth transition from the existing codes of conduct regulations
to the proposed Part 159 regulations and other rules and regulations
achieves our original goal in adopting sections 284.288 and 284.403 of
the Commission's regulations, that is, to fulfill our obligation to
ensure that market-based rates remain within the zone of reasonableness
required by the NGA. In EPAct 2005, Congress has provided broad and
strong prohibitions of market manipulation, and reliance on rules
implementing these statutory prohibitions will likewise assure that
wholesale markets reflect competitive forces and produce just and
reasonable rates.
    20. We seek comment on whether sections 284.288 and 284.403 of the
Commission's regulations should be repealed prospectively, including
responses to the following questions:
    A. Are there any aspects of sections 284.288 and 284.403 of the
Commission's regulations that should be retained, or can all
substantive provisions of sections 284.288 and 284.403 of the
Commission's regulations be reflected in the proposed Part 159
regulations and other Commission rules and regulations?
    B. Is there a need or basis for retaining existing sections
284.288(a) and 284.403(a) of the Commission's regulations in light of
the anti-manipulation provisions set forth in the proposed Part 159
regulations?
    C. Should the affirmative defense of ``legitimate business
purpose'' in existing sections 284.288(a) and 284.403(a) of the
Commission's regulations be retained in any form?
    D. Is the requirement of sections 284.288(b) and 284.403(b) of the
Commission's regulations to report transaction information accurately,
to the extent a seller reports such information to price index
publishers, necessary in light of the proposed Part 159 regulations?
    21. We encourage responses to the specific questions above as well
as additional relevant comments regarding whether sections 284.288 and
284.403 of the Commission's regulations should be repealed.

Information Collection Statement

    22. This proposed rule implements the existing requirements as set
forth in section 4A of the NGA and does not include new information
requirements under the provisions of the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.).

Environmental Analysis

    23. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\17\ The
Commission has

categorically excluded certain actions from these requirements as not
having a significant effect on the human environment.\18\ The actions
proposed here fall within categorical exclusions in the Commission's
regulations for rules that are clarifying, corrective, or procedural,
for information gathering, analysis, and dissemination, and for sales,
exchange, and transportation of natural gas that requires no
construction of facilities.\19\ Therefore, an environmental assessment
is unnecessary and has not been prepared in this NOPR.
---------------------------------------------------------------------------

    \17\ Order No. 486, Regulations Implementing the National
Environmental Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. &
Regs., Regulations Preambles 1986-1990 ] 30,783 (1987).
    \18\ 18 CFR 380.4 (2005).
    \19\ See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), 380.4(a)(27)
(2005).
---------------------------------------------------------------------------

Regulatory Flexibility Act

    24. The Regulatory Flexibility Act of 1980 (RFA) \20\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small
entities.\21\ The Commission is not required to make such analyses if a
rule would not have such an effect.
---------------------------------------------------------------------------

    \20\ 5 U.S.C. 601-12 (2000).
    \21\ The RFA definition of ``small entity'' refers to the
definition provided in the Small Business Act, which defines a
``small business concern'' as a business that is independently owned
and operated and that is not dominant in its field of operation. 15
U.S.C. 632 (2000). The Small Business Size Standards component of
the North American Industry Classification System defines a small
electric utility as one that, including its affiliates, is primarily
engaged in the generation, transmission, and/or distribution of
electric energy for sale and whose total electric output for the
preceding fiscal years did not exceed 4 million MWh. 13 CFR 121.201
(2004) (Section 22, Utilities, North American Industry
Classification System, NAICS).
---------------------------------------------------------------------------

    25. The Commission does not believe that this proposed rule would
have such an impact on small entities. The proposed rule merely repeals
sections 284.288 and 284.403 of the Commission's regulations.
Therefore, the Commission certifies that this proposed rule, if
finalized, will not have a significant economic impact on a substantial
number of small entities.

Comment Procedures

    26. The Commission invites interested persons to submit comments on
the matters and issues proposed in this notice to be adopted, including
any related matters or alternative proposals that commenters may wish
to discuss. Comments are due January 3, 2006. Reply comments are due
January 17, 2006. Comments must refer to Docket No. RM06-5-000, and
must include the commenter's name, the organization they represent, if
applicable, and their address in their comments. Comments may be filed
either in electronic or paper format. Comments may be filed
electronically via the eFiling link on the Commission's Web site at
http://www.ferc.gov. The Commission accepts most standard word

processing formats and commenters may attach additional files with
supporting information in certain other file formats. Commenters filing
electronically do not need to make a paper filing. Commenters that are
not able to file comments electronically must send an original and 14
copies of their comments to: Federal Energy Regulatory Commission,
Office of the Secretary, 888 First Street, NE., Washington, DC 20426.
    27. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.

Document Availability

    28. 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 FERC's Home Page (http://www.ferc.gov) and in FERC's

Public Reference Room during normal business hours (8:30 a.m. to 5 p.m.
eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426.
    29. From FERC's Home Page on the Internet, this information is
available in the eLibrary. The full text of this document is available
in the eLibrary both in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
    User assistance is available for eLibrary and the FERC's Web site
during our normal business hours. For assistance contact FERC Online
Support at<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>,
or for TTY, contact<PHONE_NUMBER>.

List of Subjects in 18 CFR Part 284

    Continental Shelf, Natural gas, Reporting and recordkeeping
requirements.

    By direction of the Commission.
Magalie R. Salas,
Secretary.
    In consideration of the foregoing, the Commission proposes to amend
part 284, chapter I, title 18, Code of Federal Regulations, as follows.

PART 284--CERTAIN SALES AND TRANSPORTATION OF NATURAL GAS UNDER THE
NATURAL GAS POLICY ACT OF 1978 AND RELATED AUTHORITIES

    1. The authority citation for part 284 continues to read as
follows:

    Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7532;
43 U.S.C. 1331-1356.

Sec.  284.288  [Removed]

    2. Remove Sec.  284.288.

Sec.  284.403  [Removed]

    3. Remove Sec.  284.403.

[FR Doc. 05-23405 Filed 11-30-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 48 (Monday, March 15, 2021)]
[Notices]
[Page 14359]
[FR Doc No: 2021-05288]

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

Federal Aviation Administration

[Summary Notice No. 2021-2061]

Petition for Exemption; Summary of Petition Received; AirNet II,
LLC

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

ACTION: Notice.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before April 5, 2021.

ADDRESSES: Send comments identified by docket number FAA-2016-3686
using any of the following methods:
     Federal eRulemaking Portal: Go to http://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, 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 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Natalie Mitchell-Mitchell-Funderburk,
Office of Rulemaking, Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC.
Timothy R. Adams,
Deputy Executive Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2016-3686.
    Petitioner: AirNet II, LLC.
    Section(s) of 14 CFR Affected: Sec.  61.51(f)(2).
    Description of Relief Sought: The AirNet II, LLC (AirNet) Baron BE-
58 fleet cannot meet the requirements of Sec.  135.99(c)(2), making
AirNet ineligible to train a second-in-command (SIC) in the aircraft
under an approved SIC professional development program. Therefore,
AirNet seeks an exemption from Sec.  61.51(f)(2) of Title 14, Code of
Federal Regulations, to the extent necessary to allow AirNet to assign
an SIC during a flight that otherwise does not require an SIC, and to
allow the SIC to log that flight time.

[FR Doc. 2021-05288 Filed 3-12-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 15, 2010 (Volume 75, Number 199)]
[Notices]
[Page 63469]
[DOCID:fr15oc10-68]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Staff Attendance at Southwest Power Pool Regional State
Committee Meeting and Southwest Power Pool Board of Directors Meeting

October 7, 2010.
    The Federal Energy Regulatory Commission (Commission) hereby gives
notice that members of its staff may attend the meetings of the
Southwest Power Pool, Inc. (SPP) Regional State Committee, and SPP
Board of Directors, as noted below. Their attendance is part of the
Commission's ongoing outreach efforts.

SPP Regional Entity Trustee Meeting

October 25, 2010 (8:30 a.m.-2 p.m.) Kansas City Marriott Downtown, 200
West 12th Street, Kansas City, MO 64105,<PHONE_NUMBER>.

SPP Regional State Committee Meeting

October 25, 2010 (1 p.m.-5 p.m.). Kansas City Marriott Downtown, 200
West 12th Street, Kansas City, MO 64105,<PHONE_NUMBER>.

SPP Board of Directors and Annual Meeting of Members

October 26, 2010 (8 a.m.-3 p.m.). Kansas City Marriott Downtown, 200
West 12th Street, Kansas City, MO 64105,<PHONE_NUMBER>.

    The discussions may address matters at issue in the following
proceedings:

Docket No. ER06-451, Southwest Power Pool, Inc.
Docket No. ER08-1419, Southwest Power Pool, Inc.
Docket No. ER09-35, Tallgrass Transmission LLC
Docket No. ER09-36, Prairie Wind Transmission LLC
Docket No. ER09-659, Southwest Power Pool, Inc.
Docket No. ER09-1050, Southwest Power Pool, Inc.
Docket No. ER09-1254, Southwest Power Pool, Inc.
Docket No. OA08-61, Southwest Power Pool, Inc.
Docket No. OA08-104, Southwest Power Pool, Inc.
Docket No. ER10-45, Southwest Power Pool, Inc.
Docket No. ER10-696, Southwest Power Pool, Inc.
Docket No. ER10-941, Southwest Power Pool, Inc.
Docket No. ER10-1069, Southwest Power Pool, Inc.
Docket No. ER10-1254, Southwest Power Pool, Inc.
Docket No. ER10-1269, Southwest Power Pool, Inc.
Docket No. ER10-1697, Southwest Power Pool, Inc.
Docket No. ER10-1960, Southwest Power Pool, Inc.
Docket No. ER10-2145, Southwest Power Pool, Inc.
Docket No. ER10-2416, Southwest Power Pool, Inc.
Docket No. ER10-2451, Southwest Power Pool, Inc.
Docket No. ER10-2452, Southwest Power Pool, Inc.
Docket No. ER10-2483, Southwest Power Pool, Inc.
Docket No. ER10-2489, Southwest Power Pool, Inc.
Docket No. ER10-2608, Southwest Power Pool, Inc.
    These meetings are open to the public.
    For more information, contact Patrick Clarey, Office of Energy
Market Regulation, Federal Energy Regulatory Commission at (317) 249-
5937 or<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. 2010-25959 Filed 10-14-10; 8:45 am]
BILLING CODE 6717-01-P