[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Rules and Regulations]
[Pages 68177-68179]
[FR Doc No: 2010-27610]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1040; Directorate Identifier 2010-NM-207-AD;
Amendment 39-16492; AD 2010-23-03]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 757 and 767
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. This AD requires repetitive testing for correct
functioning of the engine indication and crew alerting system (EICAS)
to ensure that it receives both the LOW FUEL and FUEL CONFIG discrete
signals from the fuel quantity processor unit, and alerts the
flightcrew of a low fuel situation, and if the test fails,
troubleshooting to find wire faults and damaged equipment, and
corrective actions if necessary. This AD was prompted by a report that
the EICAS failed to alert the flightcrew of an improper fuel system
configuration during flight. Later in that flight, the EICAS failed to
alert the flightcrew that the fuel in the left- and right-hand main
tanks was depleted below the minimum of 2,200 pounds. We are issuing
this AD to detect and correct a single latent failure of the FUEL
CONFIG discrete signal, which disables both the FUEL CONFIG and LOW
FUEL messages. Such failure, combined with a flightcrew error in
configuring the fuel system, could lead to depletion of the fuel in the
main tanks and possible flame out of both engines. A dual engine flame
out could result in inaccessibility of the remaining fuel in the center
tank due to loss of electrical power to the pumps, consequent
unrecoverable dual engine shutdown, and forced landing of the airplane.

DATES: This AD is effective November 22, 2010.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of November 22,
2010.
    We must receive comments on this AD by December 20, 2010.

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.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, Washington 98124-2207; telephone<PHONE_NUMBER>,
extension 1, fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>Internet
https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Tak Kobayashi, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6499; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We received a report from an operator of a Model 757-200 series
airplane that the engine indication and crew alerting system (EICAS)
failed to alert the flightcrew of an improper fuel system configuration
during flight. Later in that flight, the EICAS failed to alert the
flightcrew that the fuel in the left- and right-hand main tanks was
depleted below the minimum of 2,200 pounds. The EICAS receives both the
LOW FUEL and FUEL CONFIG discrete signals from the fuel quantity
processor unit to display certain messages to alert the flightcrew.
When the center fuel tank pump switches are off with more than 200
pounds of fuel in the center tank the EICAS should display the FUEL
CONFIG advisory message. When the fuel in either main tank is below
2,200 pounds, the EICAS should display the LOW FUEL caution message.
The EICAS design allows a single latent failure of the FUEL CONFIG
discrete signal, which disables both the FUEL CONFIG and LOW FUEL
messages. Such failure, combined with a flightcrew error in configuring
the fuel system, could lead to depletion of the fuel in the main tanks
and possible flame out of both engines. A dual engine flame out could
result in inaccessibility of the remaining fuel in the center tank due
to loss of electrical power to the pumps, consequent unrecoverable dual
engine shutdown, and forced landing of the airplane.
    The fuel quantity indicating system (FQIS), EICAS, and large format
display system (LFDS) installed on Model 757-200 series airplanes are
similar to the systems installed on Model 767 airplanes. Therefore,
Model 767 airplanes are also subject to the identified unsafe condition
and are included in the applicability of this AD.

Relevant Service Information

    We reviewed Boeing Special Attention Service Bulletins 757-28-0121,
dated August 18, 2010; and 767-28-0106, dated August 25, 2010. The
service information describes procedures for repetitive testing for
correct functioning of the EICAS, and if the test fails,
troubleshooting to find wire faults, bent connector pins, or damaged
equipment. Boeing Special Attention Service Bulletin 757-28-0121, dated
August 18, 2010, also specifies procedures for corrective actions if
any wire fault or damaged equipment (including bent connector pins) is
found. The corrective actions include repairing or replacing affected
wires and damaged equipment (including bent connector pins).

FAA's Determination

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

AD Requirements

    This AD requires accomplishing the actions specified in the service
information described previously, except as discussed under
``Difference Between the AD and the Service Information.''

Difference Between the AD and the Service Information

    Boeing Special Attention Service Bulletins 767-28-0106, dated
August 25, 2010, does not specify instructions on how to repair certain
conditions, but this AD would require repairing those conditions in one
of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) whom we have
authorized to make those findings.

Interim Action

    We consider this AD interim action. The manufacturer is currently
developing a modification that will address the unsafe condition
identified in this AD. Once this modification is developed, approved,
and available, we might consider additional rulemaking.

FAA's Justification and 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
the EICAS malfunctions, the flightcrew will not be alerted of a low
fuel situation, which could result in depletion of the fuel in the main
tanks and consequent unrecoverable dual engine shutdown and forced
landing of the airplane. Therefore, we find that notice and opportunity
for prior public comment are impracticable and that good cause exists
for making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2010-1040; Directorate
Identifier 2010-NM-207-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.

Costs of Compliance

    We estimate that this AD affects 686 Model 757 airplanes and 425
Model 767 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                  Labor cost           Parts cost         Cost per product      operators
----------------------------------------------------------------------------------------------------------------
EICAS test.....................  1 work-hour x $85  N/A...................  $85 per test       $58,310 (for
                                  per hour = $85                             cycle.             Model 757
                                  per test cycle.                                               airplanes).
                                                                                $36,125 (for
                                                                                Model 767
                                                                                airplanes).
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
a cost estimate for the on-condition actions specified in 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

    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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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 adding the following new airworthiness
directive (AD):

2010-23-03 The Boeing Company: Amendment 39-16492; Docket No. FAA-
2010-1040; Directorate Identifier 2010-NM-207-AD.

Effective Date

    (a) This AD is effective November 22, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 757-200, 200CB,
-200PF,

and -300 series airplanes, line numbers 1 through 1050 inclusive,
and all Model 767-200, -300, -300F, and -400ER series airplanes;
certificated in any category.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport
Association (ATA) of America Code 28: Fuel.

Unsafe Condition

    (e) This AD was prompted by a report that the EICAS failed to
alert the flightcrew of an improper fuel system configuration during
flight. Later in that flight the EICAS failed to alert the
flightcrew that the fuel in the left- and right-hand main tanks was
depleted below the minimum of 2,200 pounds. We are issuing this AD
to detect and correct a single latent failure of the FUEL CONFIG
discrete signal, which disables both the FUEL CONFIG and LOW FUEL
messages. Such failure, combined with a flightcrew error in
configuring the fuel system, could lead to depletion of the fuel in
the main tanks and possible flame out of both engines. A dual engine
flame out could result in inaccessibility of the remaining fuel in
the center tank due to loss of electrical power to the pumps,
consequent unrecoverable dual engine shutdown, and forced landing of
the airplane.

Compliance

    (f) Comply with this AD within the compliance times specified,
unless already done.

Repetitive Tests

    (g) Within 100 flight hours after the effective date of this AD:
Do a test for correct functioning of the EICAS to ensure that it
receives both the LOW FUEL and FUEL CONFIG discrete signals from the
fuel quantity processor unit, in accordance with the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 757-28-
0121, dated August 18, 2010; or Boeing Special Attention Service
Bulletin 767-28-0106, dated August 25, 2010; as applicable. Repeat
the test thereafter at intervals not to exceed 100 flight hours.

Corrective Actions If Necessary

    (h) If any test required by paragraph (g) of this AD fails,
before further flight, troubleshoot to find any wire faults, and
damaged equipment (including bent connector pins), in accordance
with the Accomplishment Instructions of Boeing Special Attention
Service Bulletin 757-28-0121, dated August 18, 2010; or Boeing
Special Attention Service Bulletin 767-28-0106, dated August 25,
2010; as applicable.
    (i) If, during any troubleshooting required by paragraph (h) of
this AD, any wire fault or damaged equipment (including bent
connector pins) is found, before further flight, do the applicable
actions specified in paragraph (i)(1) or (i)(2) of this AD.
    (1) For airplanes identified in Boeing Special Attention Service
Bulletin 757-28-0121, dated August 18, 2010: Repair or replace
affected wires and equipment (including bent connector pins), in
accordance with the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 757-28-0121, dated August 18, 2010.
    (2) For airplanes identified in Boeing Special Attention Service
Bulletin 767-28-0106, dated August 25, 2010: Do corrective actions
using a method approved by the Manager, Seattle Aircraft
Certification Office (ACO), FAA.
    Note 1: Guidance on doing corrective actions can be found in
Chapter 28, Subject 28-41-00, Section July, of the Boeing 767 Fault
Isolation Manual (FIM).

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Seattle ACO, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the ACO, send it to the attention of the person
identified in the Related Information section of this AD.
Information may be e-mailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your Principal
Maintenance Inspector or Principal Avionics Inspector, as
appropriate, or lacking a principal inspector, your local Flight
Standards District Office.

Related Information

    (k) For more information about this AD, contact Tak Kobayashi,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle ACO,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6499; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>
Material Incorporated by Reference

    (l) You must use Boeing Special Attention Service Bulletin 757-
28-0121, dated August 18, 2010; or Boeing Special Attention Service
Bulletin 767-28-0106, dated August 25, 2010; as applicable; 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
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1, fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on October 20, 2010.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-27610 Filed 11-4-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Rules and Regulations]
[Pages 11143-11144]
[FR Doc No: 2018-05115]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 864

[Docket No. FDA-2018-N-0399]

Medical Devices; Hematology and Pathology Devices; Classification
of Lynch Syndrome Test Systems; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Final order; correction.

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SUMMARY: The Food and Drug Administration is correcting a final order
entitled ``Medical Devices; Hematology and Pathology Devices;
Classification of Lynch Syndrome Test Systems'' that appeared in the
Federal Register of February 27, 2018. The document was published with
the incorrect docket number. This document corrects that error.

DATES: Effective March 14, 2018.

FOR FURTHER INFORMATION CONTACT: Lisa Granger, Office of Policy and
Planning, Food and Drug Administration, 10903 New Hampshire Ave., Bldg,
32, Rm. 3330, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In the Federal Register of February 27, 2018
(83 FR 8355), in FR Doc. 2018-03924, on page 8355, the following
correction is made:

    1. On page 8355, in the third column, in the header of the
document, the docket number is corrected to read ``FDA-2018-N-0399''.

    Dated: March 8, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-05115 Filed 3-13-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 199 (Tuesday, October 17, 2017)]
[Notices]
[Pages 48227-48228]
[FR Doc No: 2017-22496]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9969-71-OA]

Notification of a Public Teleconference of the Science Advisory
Board Risk and Technology Review (RTR) Methods Review Panel

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The EPA Science Advisory Board (SAB) Staff Office announces a
public teleconference meeting of the Science Advisory Board (SAB) Risk
and Technology Review (RTR) Methods

Panel to discuss the draft Panel report in response to the Agency
request to peer review EPA's draft Screening Methodologies to Support
Risk and Technology Reviews (RTR) (External Review Draft May, 2017).

DATES: The public teleconference will be held on Tuesday, December 5,
2017, from 11:00 a.m. to 3:00 p.m. (Eastern time).

ADDRESSES: The public teleconference will be held by telephone only.

FOR FURTHER INFORMATION CONTACT: Any member of the public who wants
further information concerning this meeting notice may contact Dr.
Bryan J. Bloomer, Designated Federal Officer (DFO), via phone at (202)
564-4222, or email at<EMAIL_ADDRESS>General information about
the SAB, as well as updates concerning the meeting announced in this
notice, may be found on the EPA Web site at http://www.epa.gov/sab.
    Technical Contact for EPA's Draft Reports: Any technical questions
concerning EPA's draft Screening Methodologies to Support Risk and
Technology Reviews (RTR) (External Review Draft May, 2017), should be
directed to Chris Sarsony, EPA Office of Air and Radiation, Office of
Air Quality Planning and Standards, at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Background: The SAB was established pursuant to the Environmental
Research, Development, and Demonstration Authorization Act (ERDAA)
codified at 42 U.S.C. 4365, to provide independent scientific and
technical advice to the Administrator on the technical basis for Agency
positions and regulations. The SAB is a Federal Advisory Committee
chartered under the Federal Advisory Committee Act (FACA), 5 U.S.C.,
App. 2. The SAB will comply with the provisions of FACA and all
appropriate SAB Staff Office procedural policies. Pursuant to FACA and
EPA policy, notice is hereby given that the SAB RTR Methods Panel will
hold a public teleconference to discuss its draft report regarding the
EPA's draft Screening Methodologies to Support Risk and Technology
Reviews (RTR) (External Review Draft May, 2017). The Panel will provide
their advice to the Administrator through the chartered SAB.
    EPA's Office of Air Quality Planning and Standards (OAQPS)
requested that the SAB conduct a review of the methods for conducting
Risk and Technology Review Assessments required by the Clean Air Act.
These assessments evaluate the effects of industrial emissions of
hazardous air pollutants (HAPs) on public health and the environment.
The RTR Methods Review Panel convened a public face-to-face meeting on
June 29-30, 2017, to deliberate on the peer review charge questions.
The Panel will meet via a public teleconference to discuss the draft
report developed by the Panel and to hear and consider public comments.
    Availability of Meeting Materials: Prior to the meeting(s), the
review documents, meeting agendas and other supporting materials (if
applicable) will be accessible on the meeting page at this URL http://yosemite.epa.gov/sab/sabproduct.nsf/fedrgstr_activites/RTR%20Screening%20Methods%20Review?OpenDocument.
    Procedures for Providing Public Input: Public comment for
consideration by EPA's federal advisory committees and panels has a
different purpose from public comment provided to EPA program offices.
Therefore, the process for submitting comments to a federal advisory
committee is different from the process used to submit comments to an
EPA program office. Federal advisory committees and panels, including
scientific advisory committees, provide independent advice to the EPA.
Members of the public can submit relevant comments pertaining to the
EPA's charge, meeting materials, or the group providing advice. Input
from the public to the SAB will have the most impact if it provides
specific scientific or technical information or analysis for the SAB to
consider or if it relates to the clarity or accuracy of the technical
information. Members of the public wishing to provide comment should
follow the instructions below to submit comments.
    Oral Statements: In general, individuals or groups requesting to
make an oral presentation will be limited to three minutes during a
public teleconference. Interested parties wishing to provide comments
should contact Dr. Bloomer (preferably via email), at the contact
information noted above by November 28, 2017, to be placed on the list
of public speakers for the teleconference.
    Written Statements: Written statements will be accepted throughout
the advisory process; however, for timely consideration by SAB members,
statements should be supplied to the DFO (preferably via email) at the
contact information noted above by November 28, 2017. It is the SAB
Staff Office general policy to post written comments on the Web page
for the advisory meeting teleconference. Submitters are requested to
provide an unsigned version of each document because the SAB Staff
Office does not publish documents with signatures on its Web sites.
Members of the public should be aware that their personal contact
information, if included in any written comments, may be posted to the
SAB Web site. Copyrighted material will not be posted without explicit
permission of the copyright holder.
    Accessibility: For information on access or services for
individuals with disabilities, please contact Dr. Bloomer at the phone
number or email address noted above, preferably at least ten days prior
to the meeting, to give the EPA as much time as possible to process
your request.

    Dated: October 5, 2017.
Khanna Johnston,
Acting Deputy Director, EPA Science Advisory Board Staff Office.
[FR Doc. 2017-22496 Filed 10-16-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 110 (Wednesday, June 8, 2022)]
[Notices]
[Pages 34866-34867]
[FR Doc No: 2022-12333]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 4678-053; Project No. 4679-050]

New York Power Authority; Notice of Applications Tendered for
Filing With the Commission and Establishing Procedural Schedule for
Licensing and Deadline for Submission of Final Amendments

    Take notice that the following hydroelectric applications have been
filed with the Commission and are available for public inspection.
    a. Type of Applications: New Major Licenses.
    b. Project Nos.: 4678-053 and 4679-050.
    c. Date Filed: May 25, 2022.
    d. Applicant: New York Power Authority (NYPA).
    e. Names of Projects: Crescent and Vischer Ferry Hydroelectric
Projects.
    f. Location: The Crescent Projects is located on the Mohawk River
in Saratoga, Albany, and Schenectady Counties, New York. The Vischer
Ferry Project is located on the Mohawk River in Saratoga and
Schenectady Counties, New York The projects do not occupy any federal
or Tribal lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Rob Daly, Director of Licensing, NYPA, 123
Main Street, White Plains, NY 10601; Telephone:<PHONE_NUMBER> or
[email protected].
    i. FERC Contact: Jody Callihan at<PHONE_NUMBER>, or
[email protected].
    j. The applications are not ready for environmental analysis at
this time.
    k. Project Descriptions:

Crescent Project

    The Crescent Project consists of: (1) Crescent Dam, which includes
two main concrete gravity overflow sections that are 901 feet long, 52
feet high (eastern section) and 534 feet long, 32 feet high (western
section), and a smaller 16-foot-high, 530-foot-long dam located
immediately downstream of the main western dam; (2) an impoundment with
an area of 2,108 acres and gross storage capacity of 50,000 acre-feet
at an elevation of 184 feet Barge Canal Datum (BCD) (1-foot-high
flashboards seasonally installed during the navigation season add 2,000
acre-feet of storage); (3) a regulating structure consisting of an 8-
foot-wide sluiceway and a 30-foot-wide Tainter gate; (4) a brick and
concrete powerhouse that is 73 feet wide, 180 feet long, and contains
two Francis turbine-generator units rated at 2.8 megawatts (MW) each
and two vertical Kaplan turbine-generator units rated at 3.0 MW each;
(5) navigation lock E-6 of the Erie Canal and Guard Gates 1 and 2 of
the Waterford Flight; (6) a switchyard; (7) generator leads and
transformer banks; and (8) appurtenant facilities.

Vischer Ferry Project

    The Vischer Ferry Project consists of: (1) The Vischer Ferry Dam, a
concrete gravity structure composed of three connected spillway
sections with a total length of 1,919 feet, the outer ogee-shaped weir
sections having an average height of 30 feet and the middle broad-
crested weir sections with a height varying from 1 foot to 3 feet; (2)
an impoundment with an area of 1,137 acres and gross storage capacity
of 25,000 acre-feet at an elevation of 211 feet BCD (27-inch-high
flashboards seasonally installed during the navigation season add 2,400
acre-feet of storage); (3) a low-level regulating structure at the
northern end of the spillway with four sluice gates; (4) a headrace
with a longitudinal retaining wall containing the sluice gates; (5) a
brick and concrete powerhouse that is 73 feet wide, 186 feet long, and
contains two Francis turbine-generator units rated at 2.8 MW each and
two vertical Kaplan turbine-generator units rated at 3.0 MW each; (6)
an unlined 65-foot-long, 150-foot-wide tailrace; (7) navigation lock E-
7 of the Erie Canal; (8) an earthen embankment located to the west of
Lock E-7; (9) a switchyard; (10) generator leads and transformer banks;
and (11) appurtenant facilities.
    Both projects are operated in a run-of-river mode such that outflow
from each project approximates inflow, and the impoundments are
maintained within 6 inches of the dam crest (or top of the flashboards,
when installed). Year-round minimum flows of 100 cubic feet per second
(cfs) and 200 cfs are provided at the Crescent and Vischer Ferry
Projects, respectively. During the navigation season (typically mid-May
through mid-October), the minimum flows are provided as part of the
fish passage flows that are released through notches in each project's
flashboards; during the remainder of the year (non-navigation season),
the minimum flows are typically provided as part of generation flows.
An acoustic deterrent system is seasonally deployed upstream of each
project, from May through October, to guide blueback herring that are
migrating downstream towards non-turbine routes of passage (the notches
in the flashboards through which the fish passage flows are provided).
Average annual generation at the Crescent and Vischer Ferry Projects
was 58,250 MW-hours and 56,323 MW-hours, respectively, across years
2012-2021. NYPA is not proposing any new project facilities or changes
to the operation of the projects at this time.
    l. Copies of the applications can be viewed on the Commission's
website at http://www.ferc.gov, using the ``eLibrary'' link. Enter the
docket number, excluding the last three digits in the docket number
field, to access the document (P-4678 or P-4679). For assistance,
contact FERC at [email protected], or call toll-free, (866)
208-3676 or<PHONE_NUMBER> (TTY).
    m. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Procedural schedule: The applications will be processed
according to the following preliminary schedule. Revisions to the
schedule will be made as appropriate.

------------------------------------------------------------------------
                  Milestone                           Target date
------------------------------------------------------------------------
Issue Deficiency Letter (if necessary)......  June 2022.
Request Additional Information (if            July 2022.
 necessary).
Notice of Acceptance/Notice of Ready for      October 2022.
 Environmental Analysis.
Filing of recommendations, preliminary terms  December 2022.
 and conditions, and preliminary fishway
 prescriptions.
------------------------------------------------------------------------

    o. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: June 2, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-12333 Filed 6-7-22; 8:45 am]
BILLING CODE 6717-01-P


region facility species. orig stage year impinged. est entrained. est dummy dummy dummy dummy dummy  999  999 river councilbluffs paddlefish larvae 1976 . 47,785 river councilbluffs herrings larvae 1976 . 215,034 river councilbluffs minnows larvae 1976 . 215,034 river councilbluffs suckers larvae 1976 . 119,463 river councilbluffs cypriniformes larvae 1976 . 4,587,392 river councilbluffs morone. spp larvae 1976 .  river councilbluffs green. sunfish larvae 1976 .  river councilbluffs sunfish. spp larvae 1976 .  river councilbluffs sauger. walleye larvae 1976 .  river councilbluffs perches larvae 1976 . 23,893 river councilbluffs freshwater. drum larvae 1976 . 18,434,908 river councilbluffs freshwater. drum juv 1976 . 10,230 river councilbluffs unknown. fish larvae 1976 . 87,968 river councilbluffs unknown. fish egg 1976 . 127,066 river councilbluffs gizzard. shad age01 1976 63 . river councilbluffs black. bullhead age01 1976 21 . notes notes qc dummy dummy dummy RM# 35650; pgs 14 15 Entrainmt estimate for June  Sept only lefer RM# 35650; pgs 14 15 Entrainmt estimate for June  Sept only lefer RM# 35650; pgs 14 15 Entrainmt estimate for June  Sept only lefer RM# 35650; pgs 14 15 Entrainmt estimate for June  Sept only lefer RM# 35650; pgs 14 15 Entrainmt estimate for June  Sept only lefer RM# 35650; pgs 14 15 Entrainmt estimate for June  Sept only lefer RM# 35650; pgs 14 15 Entrainmt estimate for June  Sept only lefer RM# 35650; pgs 14 15 Entrainmt estimate for June  Sept only lefer RM# 35650; pgs 14 15 Entrainmt estimate for June  Sept only lefer RM# 35650; pgs 14 15 Entrainmt estimate for June  Sept only lefer RM# 35650; pgs 14 15 Entrainmt estimate for June  Sept only lefer RM# 35650; pgs 14 15 Entrainmt estimate for June  Sept only lefer RM# 35650; pgs 14 15 Entrainmt estimate for June  Sept only lefer RM# 35650; pgs 14 15 Entrainmt estimate for June  Sept only lefer RM# 35650; pgs 30 & 40 lefer RM# 35650; pgs 30 & 40 lefer species stage pct. comp. by. species year entrained. est notes qc paddlefish larvae 0.2 1976 47,785 RM# 35650, pgs 14 15 lefer herrings larvae 0.9 1976 215,034 RM# 35650, pgs 14 15 lefer minnows larvae 0.9 1976 215,034 RM# 35650, pgs 14 15 lefer suckers larvae 0.5 1976 119,463 RM# 35650, pgs 14 15 lefer cypriniformes larvae 19.2 1976 4,587,392 RM# 35650, pgs 14 15 lefer morone. spp larvae 0 1976  RM# 35650, pgs 14 15 lefer green. sunfish larvae 0 1976  RM# 35650, pgs 14 15 lefer sunfish. spp larvae 0 1976  RM# 35650, pgs 14 15 lefer sauger. walleye larvae 0 1976  RM# 35650, pgs 14 15 lefer perches larvae 0.1 1976 23,893 RM# 35650, pgs 14 15 lefer freshwater. drum larvae 77.16 1976 18,434,908 RM# 35650, pgs 14 15 lefer freshwater. drum juvenile 0.04 1976 10,230 RM# 35650, pgs 14 15 lefer unknown. fish larvae 0.37 1976 87,968 RM# 35650, pgs 14 15 lefer unknown. fish eggs 0.53 1976 127,066 RM# 35650, pgs 14 15 lefer total 23,868,774 RM# 35650, pgs 14 15 lefer species stage impinged year extrapolated gizzard. shad age01 9 1976 63 RM# 35650, pgs 30 & 40 lefer black. bullhead age01 3 1976 21 RM# 35650, pgs 30 & 40 lefer Losses data for Council Bluffs Power Station ( Iowa). Cooling water source: Missouri River Intake 316( b) Phase III A. Gage, 12/ 1/ 2003 Notes: Impingement sampling was conducted weekly at travelling screens for 24 hr periods from March 1976 Feb 1977. Entrainment samples were collected on the surface & mid depth in front of the screenhouse from June Sept 1976. Extrapolated to other species using percent composition by species and total entrainmt for the study period. Entrainment does not con QC data entry and extrapolations were checked. Mlefer, 3/ 17/ 04. onsider " worst case" estimate. Entrainmt estimate for June  Sept only.


[Federal Register Volume 88, Number 131 (Tuesday, July 11, 2023)]
[Notices]
[Pages 44124-44125]
[FR Doc No: 2023-14609]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 77-313]

Pacific Gas and Electric Company; Notice of Application Accepted
for Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Application for Temporary Variance of Flow
Requirements.
    b. Project No: 77-313.
    c. Date Filed: May 23, 2023.
    d. Applicant: Pacific Gas and Electric Company (licensee).
    e. Name of Project: Potter Valley Hydroelectric Project.
    f. Location: The project is located on the Eel River and East Fork
of the Russian River in Lake and Mendocino counties, California.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a--825r.
    h. Applicant Contact: Jackie Pope, License Coordinator; Pacific Gas
and Electric Company; Mail Code N11D, P.O. Box 770000, San Francisco,
CA 94177; Phone:<PHONE_NUMBER>.
    i. FERC Contact: Alicia Burtner,<PHONE_NUMBER>,
[email protected].
    j. Deadline for filing comments, motions to intervene, and
protests: August 4, 2023.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at [email protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The first page of any filing should
include the docket number P-77-313. Comments emailed to Commission
staff are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: The licensee requests a temporary
variance of its minimum flow requirements in the East Fork of the
Russian River. Due to seismic risk at Scott Dam, the licensee does not
intend to close the dam's gates, reducing the storage capacity in Lake
Pillsbury by approximately 20,000 acre-feet. The licensee proposes to
reclassify the water year type to reduce flow releases to Eel River
below Scott Dam from the current normal water year requirement of 60
cfs to a critical water year flow floor set by the minimum opening of
the low-level outlet of approximately 20 cubic feet per second (cfs).
Minimum flows into the Eel River below Cape Horn Dam would be 15 cfs,
consistent with a wet water year classification. Minimum flow releases
to the East Fork of the Russian River would be reduced from normal
water year requirements of 75 cfs to 25 cfs, as required during a dry
water year, but the proposed variance includes the flexibility to
adjust these flows to critically dry year releases of 5 cfs if daily
average Lake Pillsbury release water temperatures at gage E-2 exceed 16
degrees Celsius or as needed to maintain the reservoir elevation for
facility safety. The licensee additionally requests that compliance
with flow requirements to the Eel River below Cape Horn Dam be measured
as a 24-hour average versus instantaneously to allow for a tighter
compliance buffer. The request includes provisions for water
temperature monitoring and monthly consultation throughout
implementation of the proposed variance. The licensee requests that the
variance would begin immediately upon Commission approval and conclude
when Lake Pillsbury storage exceeds 36,000 acre-feet following October
1, 2022 or is superseded by another variance. The licensee states it is
also developing a proposal for Commission approval, for a long-term
flow regime to assure compliance of environmental requirements with the
spill gates remaining open.
    l. Locations of the Application: This filing may be viewed on the
Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. Agencies may
obtain copies of the application directly from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all

persons listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 385.2010.
    p. The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: July 5, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-14609 Filed 7-10-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Notices]
[Pages 42856-42857]
[FR Doc No: 2015-17659]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75448; File No. SR-MIAX-2015-46]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend Exchange Rules 307 and 309 To Extend the
SPY Pilot Program

July 14, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 10, 2015, Miami International Securities Exchange LLC
(``MIAX'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange is filing a proposal to amend Exchange Rules 307 and
309 to extend the pilot program that eliminates the position and
exercise limits for physically-settled options on the SPDR S&P 500 ETF
Trust (``SPY Pilot Program'').
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.miaxoptions.com/filter/wotitle/rule_filing, at
MIAX's principal office, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to amend Exchange Rule 307, Commentary .01,
Position Limits, and Exchange Rule 309, Commentary .01, Exercise
limits, to extend the duration of the SPY Pilot Program through July
12, 2016. There are no substantive changes being proposed to the SPY
Pilot Program. In proposing to extend the SPY Pilot Program, the
Exchange affirms its consideration of several factors that support the
proposal to establish the SPY Pilot Program, which include: (1) The
liquidity of the option and the underlying security; (2) the market
capitalization of the underlying security and the securities that make
up the S&P 500 Index; (3) options reporting requirements; and (4)
financial requirements imposed by MIAX and the Commission.
    The Exchange notes that it is not aware of any problems created by
the current SPY Pilot Program and does not foresee any problems with
the proposed extension. The Exchange formally submitted a Pilot Report
for the SPY Pilot Program as part of this filing. In addition, the
Exchange represents that if it chooses to extend or seek permanent
approval of the SPY Pilot Program, the Exchange will submit another
Pilot Report at least thirty (30) days prior to the expiration of the
extended SPY Pilot Program time period which would cover the period
between reports. The Pilot Report will compare the impact of the pilot
program, if any, on the volumes of SPY options and the volatility in
the price of the underlying SPY contract, particularly at expiration.
The Pilot Report also will detail the size and different types of
strategies employed with respect to positions established in SPY
options; note whether any problems, in the underlying SPY ETF or
otherwise, arose as a result of the no-limit approach; and include any
other information that may be useful in evaluating the effectiveness of
the pilot program. In preparing the Pilot Report, the Exchange will
utilize various data elements such as volume and open interest. In
addition the Exchange would make available to Commission staff data
elements relating to the effectiveness of the SPY Pilot Program.
    The Exchange purposes [sic] to extend the SPY Pilot Program in
order for the Exchange and the Commission to have additional time to
evaluate the Pilot and its effect on the market and to determine
whether to seek permanent approval. Prior to the expiration of the SPY
Pilot Program and based upon the findings of the Pilot Report, the
Exchange will be able to either extend the SPY Pilot Program, adopt the
SPY Pilot Program on a permanent basis, or terminate the SPY Pilot
Program. If the SPY Pilot Program is not extended or adopted on a
permanent basis by the expiration of the Extended Pilot, the position
limits for SPY would revert to limits in effect prior to the
commencement of the SPY Pilot Program.
2. Statutory Basis
    MIAX believes that its proposed rule change is consistent with
Section 6(b) of the Act \3\ in general, and furthers the objectives of
Section 6(b)(5) of the Act \4\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanisms of a
free and open market and a national market system and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, the Exchange believes that extending the SPY Pilot
Program promotes just and equitable principles of trade by permitting
market participants, including market makers, institutional investors
and retail investors, to establish greater positions when pursuing
their investment goals and needs. The Exchange also believes that
economically equivalent products should be treated in an equivalent
manner so as to avoid regulatory arbitrage, especially with respect to
position limits. Treating SPY and SPX options differently by virtue of
imposing different position limits is inconsistent with the notion of
promoting just and equitable principles of trade and removing
impediments to perfect the mechanisms of a free and open market. At the
same time, the Exchange believes that the elimination of position
limits for SPY options would not increase market volatility or
facilitate the ability to manipulate the market.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not designed to address any aspect of competition,

whether between the Exchange and its competitors, or among market
participants. Instead, the proposed rule change is designed to allow
the SPY Pilot Program to continue as the Exchange believes other
competing options exchanges will also extend the SPY Pilot Program for
another year.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6) thereunder.\5\
---------------------------------------------------------------------------

    \5\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \6\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \7\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay. The
Exchange believes that waiver of the operative delay is consistent with
the protection of investors and the public interest because it will
allow the SPY Pilot Program to continue without interruption. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
Therefore, the Commission hereby waives the operative delay and
designates the proposed rule change operative upon filing.\8\
---------------------------------------------------------------------------

    \6\ 17 CFR 240.19b-4(f)(6).
    \7\ 17 CFR 240.19b-4(f)(6)(iii).
    \8\ For purposes only of waiving the 30-day operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the 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 to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-MIAX-2015-46 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MIAX-2015-46. 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 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 Web site 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 such filing also will 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 Number SR-MIAX-2015-46, and should be
submitted on or before August 10, 2015.
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-17659 Filed 7-17-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Notices]
[Page 40042]
[FR Doc No: 2021-15852]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-2441-000]

In Commodities US 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
In Commodities US 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 August 9, 2021.
    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_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: July 20, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-15852 Filed 7-23-21; 8:45 am]
BILLING CODE 6717-01-P


                         Sample Consultation Questions
1. Are the data that are required to be submitted under this ICR available from any other public source that you are aware of, or are they data already collected by another EPA office or by another agency? If so, where is the data publicly available?
2. Is the data submission requirement clear? If not, do you have any suggestions for how the data submission can be clarified?
3. Data is required to be submitted to the Document Control Office (DCO) at EPA Headquarters in Washington, D.C., by hand or by U.S. Postal Service. Is this a good method, or is there a better alternative?
4. Do you have any concerns about the submission of confidential business information (CBI)?
5. Do you agree with EPA's estimated burden and costs? (ICRs address only costs associated with paperwork.) Are the Bureau of Labor Statistics' (BLS) labor rates accurate? If you have any reason to consider the BLS labor rates inaccurate or inappropriate as used by EPA, please explain your rationale.


[Federal Register Volume 85, Number 139 (Monday, July 20, 2020)]
[Rules and Regulations]
[Pages 43682-43684]
[FR Doc No: 2020-15563]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0617; Project Identifier MCAI-2020-00391-E;
Amendment 39-21170; AD 2020-15-07]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG
(Type Certificate Formerly Held by Rolls-Royce plc) Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Rolls-Royce Deutschland Ltd & Co KG RB211-524G2-19, RB211-
524G2-T-19, RB211-524G3-19, RB211-524G3-T-19, RB211-524H2-19, RB211-
524H2-T-19, RB211-524H-36 and RB211-524H-T-36 model turbofan engines.
This AD requires replacement of the low-pressure turbine (LPT) stage 1
disk before it reaches its new Declared Safe Cycle Limit (DSCL) or
within 25 flight cycles after the effective date of this AD, whichever
occurs later. This AD was prompted by a determination by the
manufacturer that the affected LPT stage 1 disks cannot operate until
their former published life limit. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective August 4, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 4,
2020.
    The FAA must receive comments on this AD by September 3, 2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://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.
    For service information identified in this final rule, contact
Rolls-Royce Deutschland Ltd & Co KG, Eschenweg 11, 15827, Blankenfelde-
Mahlow, Germany; phone: +49 (0) 33 708 6 0; website: https://www.rolls-royce.com/contact-us.aspx. You may view this service information at the
FAA, Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2020-0617.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0617; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the mandatory continuing airworthiness information
(MCAI), any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kenneth Steeves, Aerospace Engineer,
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone:
781-238-7765; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, has
issued EASA AD No. 2020-0059, dated March 17, 2020 (referred to after
this as ``the MCAI''), to address an unsafe condition for the specified
products. The MCAI states:

    A review of operational flight data revealed that some RB211-524
engines may have been operated beyond the currently valid datum
flight profile (FP) published in the applicable Aircraft Maintenance
Manuals. The purpose of the datum FPs is to establish the
operational limits (life limits) within which the corresponding
critical parts are allowed to remain installed. In addition, as this
FP exceedance was investigated, it was realised that the current
life limits of certain P/N corresponding to reworked LPT Stage 1
discs (time since new, or since entry into service following rework)
could no longer be supported.
    This condition, if not corrected, could lead to disc failure,
possibly resulting in engine in-flight shut-down and high energy
debris release, with consequent damage to, and reduced control of,
the aeroplane.
    Prompted by these findings, Rolls-Royce published worldwide (WW)
communication, reference WW11575-1, which identified certain parts,
some of which were believed to have exceeded their respective safe
cyclic life, to collect information in relation to the history of
affected parts and to inform current operators and owners of the
affected parts of an imminent life reduction. Rolls-Royce also
published the NMSB, providing instructions for timely removal from
service of the affected parts.
    For the reasons described above, this AD requires removal from
service of the affected parts. This AD also prohibits
(re)installation of affected parts that have exceeded the new
reduced limits.

    You may obtain further information by examining the MCAI in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2020-0617.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Rolls-Royce plc Alert Non-Modification Service
Bulletin (NMSB) RB.211-72-AK422, Revision 1, dated March 2, 2020. The
NMSB describes procedures for reducing the Declared Safe Cyclic Limit
for LPT stage 1 disks. This service information is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by EASA and is approved for
operation in the United States. Pursuant to our bilateral agreement
with the European Community, EASA has notified us of the unsafe
condition described in the MCAI and service information referenced
above. The FAA is issuing this AD because it evaluated all the relevant
information provided by EASA and determined the unsafe condition
described previously is likely to exist or develop in other products of
the same type design.

AD Requirements

    This AD requires replacement of the LPT stage 1 disk before it
reaches its new DSCL or within 25 flight cycles

after the effective date of this AD, whichever occurs later.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency, for ``good cause,'' finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without seeking comment prior to the
rulemaking. Similarly, Section 553(d) of the APA authorizes agencies to
make rules effective in less than 30 days, upon a finding of good
cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule.
The manufacturer's review of operational flight data revealed that
certain RB211-524 model turbofan engines may have been operated beyond
the current valid datum flight profile (FP) published in the Aircraft
Maintenance Manuals. The purpose of the datum FP is to establish the
operational limits (life limits) within which the corresponding
critical parts are allowed to remain installed. The investigation of
this exceedance determined that the current published life limits
established for the LPT stage 1 disk could no longer be supported for
certain part and serial numbered LPT stage 1 disks that have undergone
rework. The manufacturer has calculated a new DSCL for these disks.
Exceeding the DSCL for these disks could lead to failure of the disk,
in-flight shut down of the engine and high-energy release of debris
from the engine, resulting in damage to the engine and to the airplane.
Consequently, these disks require replacement within 25 flight cycles
or before reaching their new life limit, whichever occurs later.
    The FAA considers the removal of these LPT stage 1 disks from
service to be an urgent safety issue. Accordingly, notice and
opportunity for prior public comment are impracticable and contrary to
public interest pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the
reasons stated above, the FAA finds that good cause exists pursuant to
5 U.S.C. 553(d) for making this amendment effective in less than 30
days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, the FAA invites you to send any written data, views,
or arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include the docket number FAA-2020-
0617 and Project Identifier MCAI-2020-00391-E at the beginning of your
comments. The FAA specifically invites comments on the overall
regulatory, economic, environmental, and energy aspects of this final
rule. The FAA will consider all comments received by the closing date
and may amend this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact received about this final rule.

Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this final rule contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this final rule, it is important that
you clearly designate the submitted comments as CBI. Please mark each
page of your submission containing CBI as ``PROPIN.'' The FAA will
treat such marked submissions as confidential under the FOIA, and they
will not be placed in the public docket of this final rule. Submissions
containing CBI should be sent to Kenneth Steeves, Aerospace Engineer,
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 22 engines installed on
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Remove and replace LPT stage 1 disk...  120 work-hours x $85 per         $30,000         $40,200        $884,400
                                         hour = $10,200.
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is 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

    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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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 adding the following new airworthiness
directive (AD):

2020-15-07 Rolls-Royce Deutschland Ltd & Co KG (Type Certificate
formerly held by Rolls-Royce plc): Amendment 39-21170; Docket No.
FAA-2020-0617; Project Identifier MCAI-2020-00391-E.

(a) Effective Date

    This AD is effective August 4, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd & Co KG (type
certificate formerly held by Rolls-Royce plc) RB211-524G2-19, RB211-
524G2-T-19, RB211-524G3-19, RB211-524G3-T-19, RB211-524H2-19, RB211-
524H2-T-19, RB211-524H-36 and RB211-524H-T-36 model turbofan engines
with low-pressure turbine (LPT) stage 1 disks, part number (P/N)
UL37606, UL37607, UL37608, UL37722 or UL37790, installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7250, Turbine
Section.

(e) Unsafe Condition

    This AD was prompted by a determination by the manufacturer that
the current published life limits established for certain part and
serial numbered LPT stage 1 disks that have undergone rework could
no longer be supported. The FAA is issuing this AD to prevent
failure of the LPT stage 1 disk. The unsafe condition, if not
addressed, could result in uncontained release of high-energy debris
from the engine, in-flight shutdown of the engine, damage to the
engine, and damage to the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions

    Before the LPT stage 1 disk reaches its Declared Safe Cycle
Limit (DSCL) as specified in the Accomplishment Instructions,
Paragraph 3., Tables 1 through 9, in Rolls-Royce plc Alert Non-
Modification Service Bulletin (NMSB) RB.211-72-AK422, Revision 1,
dated March 2, 2020, or within 25 flight cycles after the effective
date of this AD, whichever occurs later, remove the LPT stage 1 disk
from service and replace with a part eligible for installation.

(h) Definition

    For the purpose of this AD, a part eligible for installation is
any LPT stage 1 disk that is new or has not reached its DSCL as
specified in the Accomplishment Instructions, Paragraph 3., Tables 1
through 9, in the Rolls-Royce Alert NMSB RB.211-72-AK422, Revision
1, dated March 2, 2020.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in paragraph (j)(1) of this AD. You may email your
request to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(j) Related Information

    (1) For more information about this AD, contact Kenneth Steeves,
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to European Union Aviation Safety Agency AD No. 2020-
0059, dated March 17, 2020, for more information. You may examine
the EASA AD in the AD docket on the internet at https://www.regulations.gov by searching for and locating it in Docket No.
FAA-2020-0617.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Rolls-Royce plc Alert Non-Modification Service Bulletin
RB.211-72-AK422, Revision 1, dated March 2, 2020.
    (ii) [Reserved]
    (3) For Rolls-Royce plc service information identified in this
AD, contact Rolls-Royce Deutschland Ltd & Co KG, Eschenweg 11,
15827, Blankenfelde-Mahlow, Germany; phone: +49 (0) 33 708 6 0;
website: https://www.rolls-royce.com/contact-us.aspx.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 10, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-15563 Filed 7-17-20; 8:45 am]
BILLING CODE 4910-13-P