[Federal Register: March 10, 2009 (Volume 74, Number 45)]
[Rules and Regulations]
[Page 10166-10168]
[DOCID:fr10mr09-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0189; Directorate Identifier 2009-CE-011-AD;
Amendment 39-15831; AD 2009-05-07]
RIN 2120-AA64

Airworthiness Directives; PILATUS AIRCRAFT LTD. Models PC-12, PC-
12/45, PC-12/47, and PC-12/47E Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above that will supersede an existing AD. This AD
results from mandatory continuing airworthiness information (MCAI)
issued by the aviation authority of another country to identify and
correct an unsafe condition on an aviation product. The MCAI describes
the unsafe condition as:

    Some operators have reported occurrences where the rear stick-
pusher cable clamp shifted forward on the elevator cable. This
condition, if not corrected, may reduce the effectiveness of the
stick-pusher and/or limit elevator control movement.
    Ambiguous information in the adjustment procedure for the stick-
pusher cable tension and stick-pusher cable tension relaxation with
time were identified as contributing factors.

This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective March 30, 2009.
    On March 30, 2009, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.
    We must receive comments on this AD by April 9, 2009.

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

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, 901
Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-
4059; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    On March 5, 2008, we issued AD 2008-06-17, Amendment 39-15429 (73
FR 13438; March 13, 2008). That AD required actions intended to address
an unsafe condition on the products listed above.
    Since we issued AD 2008-06-17, the new MCAI adds affected serial
numbers, adds the Model PC-12/47E, and references new service
information that supersedes old service information referenced in AD
2008-06-17. The inspection and corrective action in AD 2008-06-17 did
not fully address the unsafe condition. The new service bulletin calls
out an improved inspection and corrective action procedures to address
the unsafe condition.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD No.: 2009-0040, dated February 20, 2009 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    Some operators have reported occurrences where the rear stick-
pusher cable clamp shifted forward on the elevator cable. This
condition, if not corrected, may reduce the effectiveness of the
stick-pusher and/or limit elevator control movement.
    Ambiguous information in the adjustment procedure for the stick-
pusher cable tension and stick-pusher cable tension relaxation with
time were identified as contributing factors.
    For the reason described above, this Airworthiness Directive
(AD) requires an inspection of the stick-pusher servo-cables
installation and adjustment of the stick-pusher cable tension, as
necessary.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    PILATUS AIRCRAFT LTD. has issued PC12 Service Bulletin No. 27-020,
Revision No. 1, dated January 30, 2009. The actions described in this
service information are intended to correct the unsafe condition
identified in the MCAI.

FAA's Determination and Requirements of the AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are issuing this AD because we
evaluated all information provided by the State of Design Authority and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might have also required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
described in a separate paragraph of the AD. These requirements take
precedence over those copied from the MCAI.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because if
uncorrected, the possible jamming of the loose stick pusher cable could
lead to loss of elevator control. Therefore, we determined that notice
and opportunity for public comment before issuing this AD are
impracticable and that good cause exists for making this amendment
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2009-0189; Directorate
Identifier 2009-CE-011-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-15429 (73 FR
13438; March 13, 2008), and adding the following new AD:

2009-05-07 Pilatus Aircraft Ltd.: Amendment 39-15831; Docket No.
FAA-2009-0189; Directorate Identifier 2009-CE-011-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March
30, 2009.

Affected ADs

    (b) This AD supersedes AD 2008-06-17, Amendment 39-15429.

Applicability

    (c) This AD applies to the following model and serial number
airplanes, certificated in any category.
    (1) Models PC-12, PC-12/45, PC-12/47, manufacturer serial
numbers (MSNs) 101 through 544, and MSNs 546 through 888; and
    (2) Model PC-12/47E, manufacturer serial number 545, and MSNs
1001 through 1101.

Subject

    (d) Air Transport Association of America (ATA) Code 27: Flight
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Some operators have reported occurrences where the rear stick-
pusher cable clamp shifted forward on the elevator cable. This
condition, if not corrected, may reduce the effectiveness of the
stick-pusher and/or limit elevator control movement.
    Ambiguous information in the adjustment procedure for the stick-
pusher cable tension and stick-pusher cable tension relaxation with
time were identified as contributing factors.
    For the reason described above, this Airworthiness Directive
(AD) requires an

inspection of the stick-pusher servo-cables installation and
adjustment of the stick-pusher cable tension, as necessary.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within 150 hours time-in-service (TIS) or 30 days after
March 30, 2009 (the effective date of this AD), whichever occurs
first, inspect the stick-pusher servo-cables for correct
installation, position, and tension in accordance with the
Accomplishment Instructions of PILATUS AIRCRAFT LTD. PC12 Service
Bulletin No. 27-020, Revision No. 1, dated January 30, 2009.
    (2) If any discrepancy is found as a result of the inspection
required by paragraph (f)(1) of this AD, before further flight, do
all corrective actions in accordance with the Accomplishment
Instructions of PILATUS AIRCRAFT LTD. PC12 Service Bulletin No. 27-
020, Revision No. 1, dated January 30, 2009.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: The MCAI does not supersede the previous MCAI on which
FAA AD 2008-06-17 was based because it was a one-time inspection.
For consistency within the FAA's regulatory system and to avoid
confusion, this AD supersedes AD 2008-06-17.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Doug Rudolph, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2009-0040, dated February 20, 2009, and PILATUS AIRCRAFT LTD. PC12
Service Bulletin No. 27-020, Revision No. 1, dated January 30, 2009,
for related information.

Material Incorporated by Reference

    (i) You must use PILATUS AIRCRAFT LTD. PC12 Service Bulletin No.
27-020, Revision No. 1, dated January 30, 2009, to do the actions
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
PILATUS AIRCRAFT LTD., Customer Service Manager, CH-6371 STANS,
Switzerland; telephone: +41 (0)41 619 62 08; fax: +41 (0)41 619 73
11; Internet: http://www.pilatus-aircraft.com/, or e-mail:
<EMAIL_ADDRESS>    (3) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information
incorporated by reference for this AD at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Kansas City, Missouri on February 25, 2009.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-4437 Filed 3-9-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 176 (Thursday, September 10, 2020)]
[Notices]
[Pages 55902-55904]
[FR Doc No: 2020-20024]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89773; File No. SR-NYSE-2020-40]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Section 902.02 of the NYSE Listed Company Manual To Waive Initial
Listing Fees and First Partial Year Annual Listing Fees for Any Issuer
Not Listed on a National Securities Exchange That Is Listing Upon
Closing of Its Acquisition of a SPAC Listed on the NYSE

September 4, 2020.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on August 25, 2020, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. 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\ 15 U.S.C. 78a.
    \3\ 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 amend Section 902.02 of the NYSE Listed
Company Manual (the ``Manual'') to waive initial listing fees and the
first partial year annual fee for any company not listed on a national
securities exchange that is listing upon closing of its acquisition of
a special purpose acquisition company listed on the NYSE. The proposed
rule change is available on the Exchange's website at www.nyse.com, 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 self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    The Exchange proposes to amend Section 902.02 of the Manual to
waive initial listing fees and the first partial year annual fee for
any company not listed on a national securities exchange that is
listing upon closing of its acquisition of a special purpose
acquisition company (``SPAC'') listed on the NYSE.
    When a SPAC consummates its business combination, the SPAC is
typically the legal acquirer in the transaction and, provided it meets
the continued listing standards applied in connection with a business
combination by a listed SPAC, it can remain listed on the Exchange.
Section 902.11 of the Manual specifies that a listed SPAC is not
required to pay any supplemental listing fees for any shares issued in
connection with its business combination, so there are no listing fees
payable in connection with a business combination between an NYSE
listed SPAC and a company which is not listed on a national securities
exchange where the NYSE listed SPAC is the acquirer in the
transaction.\4\ Similarly, the NYSE does not have any provision

for charging prorated annual fees with respect to shares of currently
listed companies issued during the course of a calendar year (such
shares are reflected in the full year annual fee bill for the next
subsequent calendar year). As such, there are no prorated annual fees
billed in connection with the issuance of additional shares upon
consummation of a business combination by an NYSE listed SPAC in which
the SPAC is the surviving legal entity. By contrast, if a company that
is not listed on the NYSE or another national securities exchange
merges with a NYSE listed SPAC and the non-listed company is the
acquirer in the transaction, the non-listed company is treated as a new
listing and must pay initial listing fees and prorated annual fees in
relation to all shares issued and outstanding at the time of initial
listing.\5\
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    \4\ Section 902.11 provides as follows:
    An Acquisition Company which remains listed upon consummation of
its Business Combination will not be subject to any fees in relation
to the issuance of any additional shares in connection with the
consummation of the Business Combination or the issuance of any
additional shares in a transaction which is occurring at the same
time as the Business Combination with a closing contractually
contingent on the consummation of the Business Combination.
     As the treatment of the issuance of additional shares by a NYSE
listed SPAC in connection with its business combination is
specifically dealt with by the fee waiver set forth in Section
902.11, the provisions of Section 902.03 with respect to the
issuance of additional shares are inapplicable to issuances that
qualify for the waiver under Section 902.11.
    \5\ Pursuant to an exception set forth in Section 902.03 of the
Manual, in the case of transactions such as an a merger between a
listed and an unlisted company in which the unlisted company is the
survivor, listing fees for that newly listed issuer are calculated
at a rate of 25% of total Listing fees for each class of securities
being listed (to the extent that total calculated listing fee for a
class of common shares would be greater than $295,000, the
calculation would be 25% of the $295,000 maximum for a new listing
of common shares). The special charge of $50,000 and the $150,000
minimum charge applicable when an issuer first lists a class of
common shares do not apply to these types of transactions.
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    To address this disparity, the Exchange proposes to amend the fee
waiver provisions of Section 902.02 of the Manual. Specifically,
Section 902.02 includes a waiver of the initial listing fee applicable
to the listing of a company that is not itself listed on a national
securities exchange immediately prior to its initial listing on the
Exchange but is listing a class of equity securities upon closing of
its acquisition of a SPAC which had a class of equity securities listed
on another national securities exchange prior to the closing of such
acquisition. The Exchange proposes to extend this waiver so that it
will apply in cases where a company that is not itself listed on a
national securities exchange immediately prior to its initial listing
on the Exchange is listing a class of equity securities upon closing of
its acquisition of a SPAC which had a class of equity securities listed
on the NYSE prior to the closing of such acquisition. Similarly,
Section 902.02 currently provides that the Exchange waives for any
company that is not listed immediately prior to listing its primary
class of common shares upon closing of its acquisition of a SPAC the
requirement to pay annual fees with respect to that primary class of
common shares or any other class of securities listed in conjunction
therewith for the remainder of the calendar year in which the listing
occurs. The Exchange also proposes to extend this waiver so that it
will apply in cases where a company that is not itself listed on a
national securities exchange immediately prior to its initial listing
on the Exchange is listing a class of equity securities [sic] upon
closing of its acquisition of a SPAC which had a class of equity
securities listed on the Exchange prior to the closing of such
acquisition. The decision whether to structure a business combination
with the SPAC as the legal acquirer rather than the other party does
not result in the listing of a substantively different entity.
Accordingly, the Exchange believes there is no basis for charging fees
purely on the basis of the structure of the business combination chosen
by the parties.
    The Exchange does not expect there to be a significant number of
listings in which this proposed fee waiver will be applicable.
Consequently, the proposed rule change would not affect the Exchange's
commitment of resources to its regulatory oversight of the listing
process or its regulatory programs.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and furthers the
objectives of Section 6(b)(4) \7\ of the Act, in particular, in that it
is designed to provide for the equitable allocation of reasonable dues,
fees, and other charges. The Exchange also believes that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\8\ 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.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
    \8\ 15 U.S.C. 78f(b)(5).
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The Proposed Change is Reasonable
    The Exchange operates in a highly competitive marketplace for the
listing of equity securities. The Commission has repeatedly expressed
its preference for competition over regulatory intervention in
determining prices, products, and services in the securities markets.
    The Exchange believes that the ever-shifting market share among the
exchanges with respect to new listings and the transfer of existing
listings between competitor exchanges demonstrates that issuers can
choose different listing markets in response to fee changes.
Accordingly, competitive forces constrain exchange listing fees. Stated
otherwise, changes to exchange listing fees can have a direct effect on
the ability of an exchange to compete for new listings and retain
existing listings.
The Proposal is an Equitable Allocation of Fees
    The Exchange believes that the proposed fee waivers are equitable
as it being implemented solely to avoid an anomalous fee outcome
arising from the manner in which a SPAC business combination has been
structured.
The Proposal is Not Unfairly Discriminatory
    The Exchange believes that the proposal is not unfairly
discriminatory, because the proposed waivers are solely intended to
avoid the impact on a small group of issuers of an anomalous fee
outcome arising from the manner in which a SPAC business combination
has been structured. Section 902.11 includes a specific waiver of all
listing fees for the issuance of shares by an NYSE listed SPAC which
remains listed upon consummation of its business combination in
relation to the issuance of any additional shares in connection with
the consummation of the business combination or the issuance of any
additional shares in a transaction which is occurring at the same time
as the business combination with a closing contractually contingent on
the consummation of the business combination. Similarly, the NYSE does
not have any provision for charging prorated annual fees with respect
to shares of currently listed companies issued during the course of a
calendar year (such shares are reflected in the full year annual fee
bill for the next subsequent calendar year). As such, there are no
prorated annual fees billed in connection with the issuance of
additional shares upon consummation of a business combination by an
NYSE listed SPAC in which the SPAC is the surviving legal entity. By
contrast, if a company that is not listed on the NYSE or another
national securities exchange merges with a NYSE listed SPAC and the
non-listed company is the acquirer in the transaction, the non-listed
company is treated as a new listing and

must pay initial listing fees and prorated annual fees in relation to
all shares issued and outstanding at the time of initial listing.
    A SPAC is a shell company with no business operations.
Consequently, the parties to a business combination between a SPAC and
an operating company have significant flexibility in how they choose to
structure the business combination, including in determining which
entity will be the legal acquirer. Accordingly, the Exchange is
proposing to amend its fee structure to reflect the incidental nature
of the resulting SPAC business combination and to avoid treating
companies undergoing similar business combinations disparately.
    By contrast to a SPAC business combination, there are typically
more significant limitations on the ability of the parties to a merger
between two operating companies to make decisions about which entity
will be the acquirer, including, for example, the desire to maintain
the acquirer's SEC registration and concerns about how to present the
combined entity to the market. As such, it is much more likely that the
listing fee implications of how the transaction is structured would be
a major consideration for the parties to a SPAC business combination
than would be the case in a merger between two operating companies. As
the implications of the proposed fee waivers for decisions relating to
the transaction structures utilized by unlisted companies listing in
connection with the acquisition of a SPAC are typically greater than
for other companies listing in conjunction with merger transactions,
the proposed waivers are not unfairly discriminatory.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.
    For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Act.

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 that is not necessary or appropriate
in furtherance of the purposes of the Act.
Intramarket Competition
    The proposed waiver will be available to all similarly situated
issuers on the same basis. The proposed waiver will address an
anomalous discrepancy in fee treatment between business combinations of
NYSE listed SPACs and companies that are not listed on a national
securities exchange based solely on which entity is the legal survivor
in the transaction. The Exchange does not believe that the proposed
waivers will have any meaningful effect on the competition among
issuers listed on the Exchange.
Intermarket Competition
    The Exchange operates in a highly competitive market in which
issuers can readily choose to list new securities on other exchanges
and transfer listings to other exchanges if they deem fee levels at
those other venues to be more favorable. Because competitors are free
to modify their own fees in response, and because issuers may change
their listing venue, the Exchange does not believe its proposed fee
change can impose any burden on intermarket competition.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \9\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \10\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \11\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \11\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2020-40 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-NYSE-2020-40. 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 (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for 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 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2020-40 and should be submitted on
or before October 1, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-20024 Filed 9-9-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: November 6, 2006 (Volume 71, Number 214)]
[Notices]
[Page 65024-65026]
[DOCID:fr06no06-73]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54664; File No. SR-NYSEArca-2006-72]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change and Amendment No. 1
Thereto Relating to the Revision of Certain Equity Transaction and
Market Data Revenue Sharing Credits

October 27, 2006.
    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 October 5, 2006, NYSE Arca, Inc. (``Exchange''), through its wholly
owned subsidiary NYSE Arca Equities, Inc. (``NYSE Arca Equities''),
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described

in Items I, II and III below, which Items have been prepared by the
Exchange. On October 26, 2006, the Exchange filed Amendment No. 1. The
Exchange has designated this proposed rule change as one establishing
or changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change, as amended, from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the section of its Schedule of Fees
and Charges for Exchange Services (``Fee Schedule'') that applies to
certain ETP Holder \5\ transaction credits and market data revenue
sharing credits. While changes to the Fee Schedule pursuant to this
proposed rule change are effective upon filing with the Commission, the
new rates will become operative on October 9, 2006. The text of the
proposed rule change is available on the Exchange's Web site at http://www.nysearca.com
, at the Exchange's Office of the Secretary, and in the

Commission's Public Reference Room.
---------------------------------------------------------------------------

    \5\ See NYSE Arca Equities Rule 1.1(n).
---------------------------------------------------------------------------

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, as
amended. 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
    The Exchange proposes to amend the section of the Fee Schedule that
applies to certain ETP Holder transaction credits and market data
revenue sharing credits in order to incorporate the Exchange's recently
approved new order type, the Passive Liquidity Order,\6\ into the Fee
Schedule in the same manner as Tracking Orders. While changes to the
Fee Schedule pursuant to this proposed rule change are effective upon
filing with the Commission, the new rates will become operative on
October 9, 2006.
---------------------------------------------------------------------------

    \6\ The Commission recently approved the use of Passive
Liquidity Orders on the NYSE Arca Marketplace. See Securities
Exchange Act Release No. 54511 (September 26, 2006), 71 FR 58460
(October 3, 2006)(SR-PCX-2005-53).
---------------------------------------------------------------------------

    The Fee Schedule currently provides in footnote 5 that Tracking
Orders will not be eligible for ETP Holder transaction credits. The
Exchange proposes to amend footnote 5 to the Fee Schedule to provide
that Passive Liquidity Orders also will not be eligible for ETP Holder
transaction credits.
    The Fee Schedule currently provides in footnote 6 that an ETP
Holder that submits a Tracking Order instruction that subsequently
matches against an inbound marketable order will not be entitled to
receive the Liquidity Provider Credit. The Exchange proposes to amend
footnote 6 to the Fee Schedule to provide that an ETP Holder submitting
a Passive Liquidity Order instruction also will not be entitled to
receive the Liquidity Provider Credit.
    The Exchange is not providing credits to ETP Holders entering
Passive Liquidity Orders because it has no reason at this time to
create incentives for the entry of such orders.\7\
---------------------------------------------------------------------------

    \7\ Amendment No. 1.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\8\ in general, and furthers the
objectives of Section 6(b)(4) of the Act,\9\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among its members and other persons using its facilities.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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 that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    Written comments on the proposed rule change were neither solicited
nor received.

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

    The foregoing proposed rule change has become effective pursuant to
section Section 19(b)(3)(A)(ii) of the Act \10\ and subparagraph (f)(2)
of Rule 19b-4 thereunder \11\ because it establishes or changes a
member due, fee, or other charge imposed by the self-regulatory
organization. At any time within 60 days of the filing of the proposed
rule change, the Commission may summarily abrogate such rule change if
it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.\12\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 240.19b-4(f)(2).
    \12\ 15 U.S.C. 78s(b)(3)(C). For purposes of calculating the 60-
day period within which the Commission may summarily abrogate the
proposal, the Commission considers the period to have commenced on
October 26, 2006, the date on which the Exchange filed Amendment No.
1.
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

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

File No. SR-NYSEArca-2006-72 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.
    All submissions should refer to File No. SR-NYSEArca-2006-72. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the

Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for inspection and copying in the Commission's Public
Reference Room. Copies of such filing will also be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-NYSEArca-2006-72 and should be
submitted on or before November 27, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
[FR Doc. E6-18633 Filed 11-3-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: November 24, 2010 (Volume 75, Number 226)]
[Notices]
[Page 71792]
[DOCID:fr24no10-158]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[NHTSA Docket No. NHTSA-2010-0156]

Federal Interagency Committee on Emergency Medical Services
Meeting Notice

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Meeting Notice--Federal Interagency Committee on Emergency
Medical Services.

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

SUMMARY: NHTSA announces a meeting of the Federal Interagency Committee
on Emergency Medical Services (FICEMS) to be held in Washington, DC
area. This notice announces the date, time and location of the meeting,
which will be open to the public.

DATES: The meeting will be held on December 16, 2010, from 9 a.m. to 12
p.m.

ADDRESSES: The meeting will be held at the Omni Shoreham Hotel, 2500
Calvert Street, NW. (at Connecticut Avenue), Washington, DC 20008.

FOR FURTHER INFORMATION CONTACT: Drew Dawson, Director, Office of
Emergency Medical Services, National Highway Traffic Safety
Administration, 1200 New Jersey Avenue SE., NTI-140, Washington, DC
20590, Telephone number<PHONE_NUMBER>; E-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Section 10202 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy For Users
(SAFETEA-LU), Public Law 109-59, provided that the FICEMS consist of
several officials from Federal agencies as well as a State emergency
medical services director appointed by the Secretary of Transportation.
SAFETEA-LU directed the Administrator of NHTSA, in cooperation with the
Administrator of the Health Resources and Services Administration of
the Department of Health and Human Services and the Director of the
Preparedness Division, Directorate of Emergency Preparedness and
Response of the Department of Homeland Security, to provide
administrative support to the Interagency Committee, including
scheduling meetings, setting agendas, keeping minutes and records, and
producing reports.
    This meeting of the FICEMS will focus on addressing the
requirements of SAFETEA-LU and the opportunities for collaboration
among the key Federal agencies involved in emergency medical services.
The agenda will include:
     Discussion of Response to Recommendations from National
Transportation Safety Board
 [cir] Report on Helicopter Emergency Medical Services
 [cir] Mexican Hat, UT Crash and Recommendations to FICEMS
     Reports and updates from Technical Working Group
committees
     Reports, updates, recommendations from FICEMS members
     Briefing from the National Commission on Children &
Disasters
    This meeting will be open to the public. Individuals wishing to
register are encouraged to provide their name, affiliation, phone
number, and e-mail address to Noah Smith by e-mail at
<EMAIL_ADDRESS>or by telephone at<PHONE_NUMBER> no later than
December 9, 2010.
    Minutes of the FICEMS Meeting will be available to the public
online at http://www.ems.gov.

    Issued on: November 19, 2010.
Drew E. Dawson,
Director, Office of Emergency Medical Services.
[FR Doc. 2010-29643 Filed 11-23-10; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 87, Number 100 (Tuesday, May 24, 2022)]
[Notices]
[Pages 31546-31547]
[FR Doc No: 2022-11165]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER22-1884-000]

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

    This is a supplemental notice in the above-referenced proceeding of
Sanford ESS, 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
June 7, 2022.
    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 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.
    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://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. 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 protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: May 18, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-11165 Filed 5-23-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)]
[Notices]
[Pages 2975-2977]
[FR Doc No: 2018-01016]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP18-33-000]

Florida Gas Transmission Company, LLC; Notice of Intent To
Prepare an Environmental Assessment for the Proposed 18-Inch Mainline
Abandonment Project and Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the 18-Inch Mainline Abandonment
Project involving construction and operation of facilities by Florida
Gas Transmission Company, LLC (FGT) in Miami-Dade County, Florida. The
Commission will use this EA in its decision-making process to determine
whether the project is in the public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. You can make a difference by providing us with
your specific comments or concerns about the project. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
Your input will help the Commission staff determine what issues they
need to evaluate in the EA. To ensure that your comments are timely and
properly recorded, please send your comments so that the Commission
receives them in Washington, DC, on or before February 12, 2018.
    If you sent comments on this project to the Commission before the
opening of this docket on December 18, 2017, you will need to file
those comments in Docket No. CP18-33-000 to ensure they are considered
as part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable agreement. However, if
the Commission approves the project, that approval conveys with it the
right of eminent domain. Therefore, if easement negotiations fail to
produce an agreement, the pipeline company could initiate condemnation
proceedings where compensation would be determined in accordance with
state law.
    FGT provided landowners with a fact sheet prepared by the FERC
entitled An Interstate Natural Gas Facility On My Land? What Do I Need
To Know? This fact sheet addresses a number of typically asked
questions, including the use of eminent domain and how to participate
in the Commission's proceedings. It is also available for viewing on
the FERC website (www.ferc.gov).

Public Participation

    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has expert staff available to assist you at
(202) 502-8258 or [email protected]. Please carefully follow
these instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's website (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature on the Commission's website (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
eRegister. If you are filing a comment on a particular project, please
select Comment on a Filing as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the project docket number
(CP18-33-000) with your submission: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE, Room 1A,
Washington, DC 20426.

Summary of the Proposed Project

    FGT proposes to abandon in place a 1.3 mile portion of its 18-inch-
diameter mainline pipeline facilities in Miami-Dade County, Florida,
and remove an aerial span to accommodate a county road construction
project. FGT states it has not delivered gas through this section of
pipeline in more than three years and has no current customers served
by this section; however, it proposes to continue to maintain the
abandoned pipeline facilities for potential future use.
    The 18-Inch Mainline Abandonment Project would consist of the
following activities:

--blow down \1\ from the Turkey Point take-off;
---------------------------------------------------------------------------

    \1\ A blow down is a controlled release of natural gas.
---------------------------------------------------------------------------

--clean the pipeline by pig \2\ from milepost (MP) 919.0 to MP 924.9;
---------------------------------------------------------------------------

    \2\ A pig is a tool that the pipeline company inserts into and
pushes through the pipeline for cleaning the pipeline, conducting
internal inspections, or other purposes.
---------------------------------------------------------------------------

--remove approximately 200 feet of the 18-inch-diameter mainline pipe,
including approximately 73 feet of aerial pipeline span which crosses
Miami-Dade County Cutler Drain Canal 100A parallel to the SW 136th
Street bridge in Miami;
--cut and cap the pipeline on each side of the canal; and
--fill with nitrogen and abandon in place the pipe and associated
valves from approximately MP 923.6 to MP 924.9.

    The general location of the project facilities is shown in appendix
1.\3\
---------------------------------------------------------------------------

    \3\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called eLibrary or from the Commission's Public
Reference Room, 888 First Street NE, Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.
---------------------------------------------------------------------------

Land Requirements for Construction

    Removal of the facilities would disturb about 0.65 acre of land,
and an additional 1.5 acres would be used for a contractor yard.
Following construction, the disturbed areas would be restored and
revert to former uses. FGT states that it would continue to maintain
the right-of-way for the abandoned pipeline.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\4\ to discover and address concerns the public may have about
proposals. This process is referred to as scoping. The main goal of the
scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. We will
consider all filed comments during the preparation of the EA.
---------------------------------------------------------------------------

    \4\ We, us, and our refer to the environmental staff of the
Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the proposed project including, but
not limited to, the following resources: land use; water resources;
vegetation and wildlife; air quality and noise; and cultural resources.
We will also evaluate any reasonable alternatives to the proposed
project or portions of the project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. Depending on
the comments received during the scoping process, we may also publish
and distribute the EA to the public for an allotted comment period. To
ensure we have the opportunity to consider and address your comments,
please carefully follow the instructions in the Public Participation
section, beginning on page 2.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues of
this project to formally cooperate with us in the preparation of the
EA.\5\ Agencies that would like to request cooperating agency status
should follow the instructions for filing comments provided under the
Public Participation section of this notice.
---------------------------------------------------------------------------

    \5\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, part 1501.6.
---------------------------------------------------------------------------

Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the applicable State Historic Preservation Office (SHPO), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the project's potential effects on
historic properties.\6\ We will define the project-specific Area of
Potential Effects (APE) in consultation with the SHPO as the project
develops. On natural gas facility projects, the APE at a minimum
encompasses all areas subject to ground disturbance (examples include
construction right-of-way, contractor/pipe storage yards, compressor
stations, and access roads). Our EA for this project will document our
findings on the impacts on historic properties and summarize the status
of consultations under section 106.
---------------------------------------------------------------------------

    \6\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
proposed project.
    If we publish and distribute the EA, copies will be sent to the
environmental mailing list for public review and comment. If you would
prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (appendix 2).

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an

intervenor are in the ``Document-less Intervention Guide'' under the
``e-filing'' link on the Commission's website. Motions to intervene are
more fully described at http://www.ferc.gov/resources/guides/how-to/intervene.asp.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website at www.ferc.gov using the eLibrary link. Click on the
eLibrary link, click on General Search and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., CP18-
33). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
[email protected] or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.
    Finally, public sessions or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: January 12, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-01016 Filed 1-19-18; 8:45 am]
 BILLING CODE 6717-01-P