[Federal Register Volume 79, Number 172 (Friday, September 5, 2014)]
[Notices]
[Pages 53056-53057]
[FR Doc No: 2014-21162]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14357-001]

San Jose Water Company; Notice of Effectiveness of Surrender

    On May 24, 2012, the Commission issued an Order Granting Exemption
from Licensing (Conduit) \1\ to the San Jose Water Company (SJWC), for
the Hostetter Turnout Pressure Reducing Valve Modernization Project,
FERC No. 14357. The unconstructed project would have been located in
parallel with the Hostetter Turnout Pressure Reduction Facility
(Hostetter Turnout Station) in San Jose, California.
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    \1\ San Jose Water Company, 139 FERC ] 62,153 (2012).
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    On May 07, 2014, SJWC filed an application with the Commission to
surrender the exemption. SJWC says the underground vault design shows
that the project would be partially located on private property,
outside of the public

right-of-way. Due to this issue SJWC has decided not to move forward
with construction of the project, citing economic difficulty.
    Accordingly, the Commission accepts SJWC's surrender of its
exemption from licensing, effective 30 days from the date of this
notice, at the close of business on Friday, September 26, 2014. No
license, exemption, or preliminary permit applications for the project
site may be filed until Monday, September 29, 2014.

    Dated: August 27, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-21162 Filed 9-4-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 7, 2009 (Volume 74, Number 193)]
[Notices]
[Page 51643-51645]
[DOCID:fr07oc09-113]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2009-0310; Notice No. 09-05]

Advisory Guidance; Transportation of Batteries and Battery-
Powered Devices

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Safety advisory.

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SUMMARY: The Pipeline and Hazardous Materials Safety Administration
(PHMSA) and the Federal Aviation Administration (FAA) are alerting
shippers and carriers to the importance of transporting lithium
batteries safely. PHMSA and FAA are concerned that many persons who
ship lithium batteries do not recognize the hazards posed by these
batteries during transportation. We are issuing this advisory guidance
to (1) Inform persons of recent aviation incidents involving fires
aboard both passenger and cargo aircraft and the potential hazards that
shipments of lithium batteries may present while in transportation, (2)
provide information concerning the current requirements for the
transportation of lithium batteries and (3) inform persons of the
actions we have taken to date and plan to take in the future to address
the hazards of these batteries.

SUPPLEMENTARY INFORMATION:

I. Background

    Lithium batteries are considered hazardous materials in
transportation because they present both chemical (e.g., flammable
electrolytes) and electrical hazards. If not safely packaged and
handled when transported, lithium batteries can become dangerous.
Defective batteries or batteries that are misused, mishandled,
improperly packaged, improperly stored, improperly manufactured, or
overcharged can overheat and ignite and, once ignited, fires can be
especially difficult to extinguish. Overheating has the potential to
create a thermal runaway, a chain reaction leading to self-heating and
release of the battery's stored energy. Fires in aircraft can result in
catastrophic events presenting unique challenges not encountered in
other transport modes.

II. Recent Transportation Incidents

    Since 1991, we have identified over 40 air transport-related
incidents involving lithium batteries and devices powered by lithium
batteries. A list of these incidents can be found on the FAA Web site
at: http://www.faa.gov/about/office_org/headquarters_offices/ash/
ash_programs/hazmat/aircarrier_info/media/Battery_incident_
chart.pdf. These incidents occurred aboard passenger aircraft and cargo
aircraft, prior to loading batteries aboard an aircraft, and after
batteries were transported by air. Many of the incidents were directly
related to a lack of awareness of the required safety measures
applicable to shipments of lithium batteries or because passengers
failed to follow preventative measures to protect batteries from short
circuit or damage.
     On September 9, 2009 a passenger flight declared an
emergency after a passenger attempted to hand the flight attendant a
carrier-provided personal electronic device (PED). The PED was dropped
and upon impact with the cabin floor the battery pack sparked and began
smoking. Two flight attendants extinguished the fire with water.
     On August 25, 2009 DOT received information related to a
smoking and burning package that was discovered at a Medford,
Massachusetts sorting facility. Upon inspection, the consignment was
discovered to contain 30 individual batteries grouped together in six
or seven battery packs. The package contained lithium batteries that
were shipped as general cargo. There were no markings or labels on the
outer package indicating the material was a hazardous material.
     On August 15, 2009 a package containing lithium ion
batteries was found smoldering, and emitting smoke in a unit load
device (ULD) in an aircraft loading facility in Taipei, Taiwan. The ULD
had been carried from the Island of Macau. Personnel in the Taiwan
facility responded quickly to extinguish the

smoldering fire before any open flames were seen. The packages were
unmarked and the contents were noted on the invoice as ``electrical
adapters.''
     On August 14, 2009 after landing the aircraft, the flight
crew received a warning indicating smoke in the forward cargo
compartment. Initial indications are that a fire originated with a
shipment of approximately 1,000 e-cigarettes, each containing a lithium
metal battery. There were no markings or labels indicating the
materials posed a specific hazard or contained lithium batteries.
     On July 15, 2009 one of several related packages
transported from Romulus, Michigan was discovered emitting smoke and
smoldering upon arrival in Santo Domingo, Dominican Republic. Upon
inspection, the package was found to contain numerous loose lithium-ion
cell phone batteries haphazardly packed with no apparent measures to
protect against short-circuits or overheating. Package documentation
indicated, ``used batteries--non haz.''

III. Current Regulatory Requirements

    The Hazardous Materials Regulations (HMR; 49 CFR parts 171-180)
include requirements for packaging, hazard communication and handling
lithium batteries. For transportation by all modes, lithium batteries
of all types and sizes must pass a series of tests outlined in the UN
Manual of Tests and Criteria. These tests are designed to ensure the
battery can withstand the conditions typically encountered in
transportation. In addition, all batteries must be packaged to prevent
short circuits, including movement that could lead to short circuits
and damage to the batteries (See Sec.  172.102(c) SP 188, 189 and Sec.
173.185). The HMR also impose additional restrictions on the transport
of lithium batteries in the air mode, including a limited prohibition
on the transport of lithium metal batteries as cargo on board passenger
aircraft (See Sec.  172.102(c) SP A100). Additionally, damaged,
defective or recalled lithium batteries (including those being returned
to the manufacturer as part of a safety recall) should not be
transported aboard aircraft. Recommended practices for preparing
recalled batteries for ground transportation are set forth in ``DOT
Guidance for the Safe Transportation of Recalled Lithium Batteries,''
available for download at http://safetravel.dot.gov/downloads.html.
    While certain small lithium batteries and cells are afforded
exceptions from some regulatory requirements, the cells and batteries
must be separated or packaged in a manner to prevent short circuits
(See Sec.  172.102(c) SP 188 and 189). When a package contains multiple
lithium cells or batteries, the package must be:
     Marked to indicate that it contains lithium batteries and
that special procedures should be followed in the event the package is
damaged;
     Accompanied by a document indicating that the package
contains lithium batteries and special procedures should be followed in
the event that the package is damaged;
     Capable of withstanding a 1.2 meter drop test in any
orientation without damage to cells or batteries contained in the
package, without shifting of the contents that would allow short
circuits and without release of package contents; and
     Not more than 30 kg (66 pounds) gross mass.

In addition all electrical devices that are likely to create sparks or
generate a dangerous quantity of heat are forbidden for transportation
unless packaged in a manner that precludes such an occurrence (See
Sec.  173.21).

IV. Current and Future Efforts

    To enhance understanding and compliance with the HMR, we initiated
several public outreach efforts designed to connect with both the
travelling public and the larger shipping community. Since 2007 we have
published numerous safety advisories, created the SafeTravel Web site
dedicated to providing information to the air travelling public on the
safe transport of a variety of materials including lithium batteries
and partnered with airlines, battery manufacturers and others to spread
our safety message. Additionally, the PHMSA Hazardous Materials Safety
Assistance Team initiated an outreach campaign. As part of this
campaign, team members visited retailers and others involved in the
production, distribution and sale of lithium batteries. During their
visits, team members provided kits on how to provide information on the
safe shipment of lithium batteries and encouraged those persons the
team visited to include the SafeTravel link on their Web sites. In
March 2009, DOT published ``Shipping Batteries Safely by Air; What You
Need to Know,'' targeting infrequent shippers who may be unfamiliar
with appropriate packing methods. This guide explains the regulations
covering the classification, packaging and hazard communication
requirements for the transportation of batteries shipped by aircraft in
terms easy to understand.
    Despite these outreach efforts, aviation incidents involving
lithium batteries continue to occur. For example, the July 15, 2009
incident involved a shipment containing several thousand lithium ion
cell phone batteries loosely placed into fiberboard packages, with no
protection from short circuits and no package markings indicating the
presence of lithium batteries. One of the packages was discovered
emitting smoke after landing at its destination. These and similar
incidents are the cause of significant concern by PHMSA and FAA.
Documents included with the shipment indicated the packages contained
non-hazardous used batteries.
    Non-compliance with the transportation requirements for lithium
batteries poses serious safety consequences. Therefore, we are again
increasing our efforts to reduce this risk by stepping up our already
aggressive enforcement of the safety standards and reenergizing our
awareness and outreach efforts. Accordingly, we are publishing this
safety advisory to further promote awareness of the ongoing safety
concern and ensure that shippers and carriers are aware of the risks
associated with the transportation of lithium batteries, the current
regulatory requirements applicable to such transportation, and that
regulatory violations will be prosecuted to the maximum extent
permitted under the law. We are particularly concerned with undeclared
shipments of lithium batteries and we will be focusing on discovering
these shipments and those persons responsible for offering them in
transportation. We encourage anyone with information on those engaged
in this practice to bring them to our attention through our online
complaints Web site at: http://www.phmsa.dot.gov/phmsa-ext/feedback/
hazmatComplaintsRegsViolationsForm.jsp or by calling the Hazardous
Materials Information Center at: 1-800-467-4922.
    Persons who violate the HMR may be subject to significant civil
penalties and/or criminal fines and imprisonment. In determining the
amount of a civil penalty the following factors will be determined: (1)
The nature, circumstances, extent, and gravity of the violation; (2)
with respect to the violator, the degree of culpability, and history of
prior violations, the ability to pay, and any effect on the ability to
continue to do business; and (3) other matters that justice requires.
Maximum civil penalties may be imposed of up to $50,000 per violation
or $100,000 per violation if a death, serious illness, or severe injury
occurs to a person or substantial destruction of property.

Potential criminal penalties include fines of up to $500,000 and/or ten
years in jail. In a recent enforcement case, PHMSA assessed a total
civil penalty of $360,000 for multiple violations of the HMR relating
to the improper shipment of used batteries for recycling or disposal.
To date, FAA has closed over 75 investigations concerning battery
violations observed in air transport and has collected over $1,000,000
in civil penalties.
    More detailed information on the requirements in the HMR governing
the shipment of batteries and additional guidance are available on
DOT's Hazmat Safety Web site: http://www.phmsa.dot.gov/hazmat. The HMR
are also accessible through our Web site, and answers to specific
questions may be obtained from the Hazardous Materials Information
Center at 1-800-467-4922 (in Washington, DC, call<PHONE_NUMBER>).

    Issued in Washington, DC, on September 29, 2009.
Theodore L. Willke,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. E9-24184 Filed 10-6-09; 8:45 am]

BILLING CODE 4910-60-P


[Federal Register: April 1, 2010 (Volume 75, Number 62)]
[Proposed Rules]
[Page 16361-16363]
[DOCID:fr01ap10-21]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0606; Directorate Identifier 2009-NE-11-AD]
RIN 2120-AA64

Airworthiness Directives; CFM International, S.A. Models CFM56-3
and -3B Turbofan Engines

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

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.

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SUMMARY: This supplemental NPRM revises an earlier proposed
airworthiness directive (AD), for certain CFM International, S.A.
models CFM56-3 and -3B turbofan engines. That proposed AD would have
required initial and repetitive inspections for damage to the fan
blades. That proposed AD resulted from a report of a failed fan blade
with severe out-of-limit wear on the underside of the blade platform
where it contacts the damper. This supplemental NPRM revises the
proposed AD to reduce the initial inspection compliance threshold, to
correct the engine model designations affected, and to clarify some of
the inspection wording in the compliance section. This supplemental
NPRM results from a report of a failed fan blade with severe out-of-
limit wear on the underside of the blade platform where it contacts the
damper. We are proposing this supplemental NPRM to prevent failure of
multiple fan blades, which could result in an uncontained failure of
the engine and damage to the airplane.

DATES: We must receive any comments on this supplemental NPRM by May
17, 2010.

ADDRESSES: Use one of the following addresses to comment on this
proposed AD.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    You can get the service information identified in this proposed AD
from CFM International, S. A., Technical Publication Department, 1
Neumann Way, Cincinnati, OH 45215; telephone<PHONE_NUMBER>; fax (513)
552-2816.

FOR FURTHER INFORMATION CONTACT: Antonio Cancelliere, Aerospace
Engineer, Engine Certification Office, FAA, Engine & Propeller
Directorate, 12 New England Executive Park, Burlington, MA 01803; e-
mail<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax (781)
238-7199.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send us any written relevant data, views, or
arguments regarding this proposal. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2009-0606; Directorate
Identifier 2009-NE-11-AD'' in the subject line of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of the proposed AD. We will consider
all comments received by the closing date and may amend the proposed AD
in light of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this proposed AD. Using the search
function of the Web site, anyone can find and read the comments in any
of our dockets, including, if provided, the name of the individual who
sent the comment (or signed the comment on behalf of an association,
business, labor union, etc.). You may review the DOT's complete Privacy
Act Statement in the Federal

Register published on April 11, 2000 (65 FR 19477-78).

Examining the AD Docket

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

Discussion

    On July 16, 2009, we proposed to amend part 39 of the Code of
Federal Regulations (14 CFR part 39) to add an AD for CFM
International, S.A. models CFM56-3B1 and-3B2 turbofan engines. That
action proposed to require initial and repetitive fan blade
inspections. That proposed AD resulted from a report of a failed fan
blade with severe out-of-limit wear on the underside of the blade
platform where it contacts the damper.
    Since we issued the proposed AD, we discovered that we need to make
some changes to reduce the initial inspection compliance threshold, to
correct the engine model designations affected, and to clarify some of
the inspection wording in the compliance section of the proposed AD.

Comments

    We provided the public the opportunity to participate in the
development of that proposed AD. We have considered the comments
received.

Request to Correct the Engine Model Designations Affected

    One commenter, CFM International, S.A., requests that we correct
the engine model designations affected. The commenter states that the
proposed AD models of CFM56-3B1 and -3B2 are incorrect and should be
changed to CFM56-3-B1 and -3B-2.
    We partially agree. We agree that we listed incorrect model
designations. We corrected them in this supplemental NPRM to agree with
the CFM56 Type Certificate Data Sheet E2GL title block, which lists the
affected models as CFM56-3 and -3B. We do not agree that the model
designations should be solely listed as CFM56-3-B1 and -3B-2. However,
because CFM International, S.A. has added to the basic engine model
number on the engine nameplate to identify minor variations in engine
configuration, installation components, or reduced ratings peculiar to
aircraft installation requirements, engine models CFM56-3-B1 and CFM56-
3B-2 are also affected by this proposed AD.

Request To Add an Installation Prohibition

    CFM International, S.A. requests that we add an installation
prohibition to our proposed AD applicability, that the installation of
25 degrees midspan shroud fan blades is not allowed on the CFM56-3C
engine model.
    We do not agree. The applicability is clear that the proposed AD
does not include the -3C engine model, as it does not list that model.
We did not change the NPRM.

Request To Change the Initial Inspection Threshold

    CFM International, S.A. requests that we change the initial
inspection threshold from 3,000 cycles-in-service (CIS) to within 3 to
6 months of AD issuance to better harmonize our compliance with
European Aviation Safety Agency AD 2009-036 (3 months) or with CFM
International, S.A. CFM56-3/3B/3C S/B 72-1067, dated February 15, 2007
(6 months).
    We do not agree that a 3 to 6 month interval is appropriate, as the
passage of time without service is unrelated to the progression of the
unsafe condition. We do agree that the initial inspection threshold of
3,000 CIS is too long. We reduced the initial inspection threshold to
900 CIS in the NPRM.

Differences Between the Supplemental NPRM and the Manufacturer's
Service Information

    CFM International Service Bulletin (SB) No. CFM56-3/3B/3C S/B 72-
1067, dated February 15, 2007, requires an initial inspection within 6
months. This supplemental NPRM would require the initial inspection
within 900 CIS after the effective date of the supplemental NPRM. CFM
International SB No. CFM56-3/3B/3C S/B 72-1067, dated February 15,
2007, also requires a repetitive inspection within 1,500 to 3,000
cycles-since-last inspection (CSLI). This supplemental NPRM would
require the repetitive inspection within 3,000 CSLI.

FAA's Determination and Requirements of the Supplemental NPRM

    We have evaluated all pertinent information and identified an
unsafe condition that is likely to exist or develop on other products
of this same type design. We are proposing this AD, which would require
performing initial and repetitive inspections of the fan blade for
wear. The supplemental NPRM would require you to use the service
information described previously to perform these actions.

Costs of Compliance

    We estimate that this supplemental NPRM would affect 50 engines
installed on airplanes of U.S. registry. We also estimate that it would
take about 8 work-hours per engine to perform the proposed actions, and
that the average labor rate is $80 per work-hour. Required parts would
cost about $38,000 per engine. Based on these figures, we estimate the
total cost of the supplemental NPRM to U.S. operators to be $1,932,000.

Authority for This Rulemaking

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

Regulatory Findings

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

    We prepared a regulatory evaluation of the estimated costs to
comply with this supplemental NPRM. See the ADDRESSES section for a
location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

CFM International, S.A.: Docket No. FAA-2009-0606; Directorate
Identifier 2009-NE-11-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive
comments on this airworthiness directive (AD) action by May 17,
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to CFM International, S.A. models CFM56-3
and -3B turbofan engines with 25 degrees midspan shroud fan blades,
part numbers (P/Ns) 9527M99P08, 9527M99P09, 9527M99P10, 9527M99P11,
1285M39P01, or fan blade pairs, P/Ns 335-088-901-0, 335-088-902-0,
335-088-903-0, and 335-088-904-0 installed. These engines are
installed on, but not limited to, Boeing 737 series airplanes.
    (d) CFM International, S.A. has added to the basic engine model
number on the engine nameplate to identify minor variations in
engine configuration, installation components, or reduced ratings
peculiar to aircraft installation requirements.
    (e) Those engines marked on the engine data plate as CFM56-3-B1
are included in this AD as CFM56-3 turbofan engines.
    (f) Those engines marked on the engine data plate as CFM56-3B-2
are included in this AD as CFM56-3B turbofan engines.

Unsafe Condition

    (g) This AD results from a report of a failed fan blade with
severe out-of-limit wear on the underside of the blade platform
where it contacts the damper. We are issuing this AD to prevent
failure of multiple fan blades, which could result in an uncontained
failure of the engine and damage to the airplane.

Compliance

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

Inspection for Wear

    (i) Within 900 cycles-in-service after the effective date of
this AD, perform an on-wing or in-shop inspection of the fan blade
and damper for wear. Use paragraphs 3.A.(1) through 3.A.(5) or
paragraphs 3.B.(1) through 3.B.(5) respectively, of the
Accomplishment Instructions of CFM International Service Bulletin
(SB) No. CFM56-3/3B/3C S/B 72-1067, dated February 15, 2007.
    (j) If you find out-of-limit wear on at least one fan blade
platform underside, perform the additional inspections and
disposition the parts, as specified in paragraphs 3.A.(3) and
3.A.(5) or paragraphs 3.B.(3) and 3.B.(5) respectively, of the
Accomplishment Instructions of CFM International SB No. CFM56-3/3B/
3C S/B 72-1067, dated February 15, 2007.
    (k) Thereafter, within intervals not to exceed 3,000 cycles-
since-last inspection, perform an on-wing or in-shop inspection for
wear. Use paragraphs 3.A.(1) through 3.A.(5) or paragraphs 3.B.(1)
through 3.B.(5) respectively, of the Accomplishment Instructions of
CFM International SB No. CFM56-3/3B/3C S/B 72-1067, dated February
15, 2007.
    (l) If you find wear on at least one fan blade platform
underside, perform additional inspections and disposition the parts,
as specified in paragraphs 3.A.(3) and 3.A.(5) or paragraphs 3.B.(3)
and 3.B.(5) respectively, of the Accomplishment Instructions of CFM
International SB No. CFM56-3/3B/3C S/B 72-1067, dated February 15,
2007.

Installation Prohibition

    (m) After the effective date of this AD, don't install any 25
degrees midspan shroud fan blades, P/Ns 9527M99P08, 9527M99P09,
9527M99P10, 9527M99P11, 1285M39P01, or fan blade pairs, P/Ns 335-
088-901-0, 335-088-902-0, 335-088-903-0, and 335-088-904-0, unless
they have passed an inspection specified in paragraph 3. of the
Accomplishment Instructions of CFM International SB No. CFM56-3/3B/
3C S/B 72-1067, dated February 15, 2007.

Optional Terminating Action

    (n) Replacing the 25 degrees midspan shroud fan blade set with a
37 degrees midspan shroud fan blade set terminates the repetitive
inspection requirements specified in paragraph (k) of this AD.

Alternative Methods of Compliance

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

Related Information

    (p) Contact Antonio Cancelliere, Aerospace Engineer, Engine
Certification Office, FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax (781)
238-7199, for more information about this AD.
    (q) Contact CFM International, S.A., Technical Publication
Department, 1 Neumann Way, Cincinnati, OH 45215; telephone (513)
552-2800; fax<PHONE_NUMBER>, for a copy of the service information
referenced in this AD.
    (r) European Aviation Safety Agency AD 2009-0036, dated February
20, 2009, also addresses the subject of this AD.

    Issued in Burlington, Massachusetts, on March 19, 2010.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2010-7343 Filed 3-31-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 19, 2006 (Volume 71, Number 202)]
[Notices]
[Page 61809-61811]
[DOCID:fr19oc06-137]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54593; File No. SR-Amex-2006-97]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend the Electronic Access Fee

 October 12, 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 4, 2006, the American Stock Exchange LLC (``Amex'' or
``Exchange'') submitted

to 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. Amex filed the proposed rule change
pursuant to Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposal effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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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 Amex's Member Fee Schedule to reduce
the Electronic Access Fee from $61,363 to $30,000. The text of the
proposed rule change is available on Amex's Web site at http://www.amex.com
, at the principal office of Amex, 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, Amex 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. Amex 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 purpose of this proposal is to amend Amex's Member Fee Schedule
to reduce the Electronic Access Fee from $61,363 to $30,000. Amex
currently charges a $61,363 electronic access fee (``Fee'') to
Associate member firms \5\ which route order flow to the Exchange.
Eleven out of the 42 Associate member firms currently registered with
Amex pay the Fee each year.\6\
---------------------------------------------------------------------------

    \5\ An Associate member firm is not required to own or lease a
seat to qualify as a member firm.
    \6\ The Fee is billed once a year in the fall for the upcoming
fiscal year.
---------------------------------------------------------------------------

    All new Associate members were required to pay the Fee when it was
established in August of 2000.\7\ The Exchange proposes to revise the
Fee to reflect the current prices of seats and the prices to lease a
seat. The fee change will not affect the value of the regular seats.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 43279 (September 11,
2000), 65 FR 56606 (September 19, 2000) (approving File No. SR-Amex-
2000-44); see also Securities Exchange Act Release No. 44337 (May
22, 2001), 66 FR 29369 (May 30, 2001) (approving File No. SR-Amex-
2001-15).
---------------------------------------------------------------------------

    Of the 42 current Associate member firms, only two have been
approved since August 2000, subjecting them to payment of the Fee.
Furthermore, the number of Associate member firms with electronic
access capability has significantly decreased over the past few years
as such firms either terminate or change their status to an off-floor,
regular membership.
    The Exchange believes that the new reduced Fee will not undermine
other Amex member firms and will appeal to regional firms interested in
sending order flow to Amex, without the need for a physical presence at
the Exchange. The Exchange asserts that the proposal is equitable as
required by Section 6(b)(4) of the Act.
2. Statutory Basis
    Amex 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 is designed to
provide for the equitable allocation of reasonable dues, fees, and
other charges among its members and issuers and other persons using
exchange 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.

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 establishes or changes a due, fee, or
other charge applicable only to a member imposed by the Exchange, and,
therefore, has become effective pursuant to Section 19(b)(3)(A)(ii) of
the Act \10\ and subparagraph (f)(2) of Rule 19b-4 thereunder.\11\ At
any time within 60 days of the filing of such 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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Amex-2006-97 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Amex-2006-97. 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 also will be available for inspection and copying at the
principal office of Amex. 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-Amex-2006-97 and should be submitted on or before November 9, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E6-17392 Filed 10-18-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 223 (Tuesday, November 19, 2019)]
[Notices]
[Pages 63872-63873]
[FR Doc No: 2019-25028]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10887-030]

Carthage Specialty Paperboard, Inc.; Notice of Application
Tendered for Filing With the Commission and Soliciting Additional Study
Requests and Establishing Procedural Schedule for Relicensing and a
Deadline for Submission of Final Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Minor License.
    b. Project No.: 10887-030.
    c. Date Filed: October 31, 2019.
    d. Applicant: Carthage Specialty Paperboard, Inc.
    e. Name of Project: Carthage Paper Maker Mill Hydroelectric
Project.
    f. Location: On the Black River, near the Village of Carthage,
Jefferson and Lewis Counties, New York. The project does not occupy
federal land.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Martin Weller, Corporate Project Engineer, Ox
Industries, Inc., 600 West Elm Avenue, Hanover, PA 17331; (717) 698-
3329; and/or E. Steve O'Donnell, General Counsel, Ox Industries, Inc.,
600 West Elm Avenue, Hanover, PA 17331;<PHONE_NUMBER>.
    i. FERC Contact: Monir Chowdhury at<PHONE_NUMBER>; or email at
<EMAIL_ADDRESS>    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item l below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See, 94 FERC ]
61,076 (2001).
    k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Indian Tribe, or person believes
that an additional scientific study should be conducted in order to
form an adequate factual basis for a complete analysis of the
application on its merit, the resource agency, Indian Tribe, or person
must file a request for a study with the Commission not later than 60
days from the date of filing of the application, and serve a copy of
the request on the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: December 30, 2019.
    The Commission strongly encourages electronic filing. Please file
additional study requests and requests for cooperating agency status
using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202)
502-8659 (TTY). In lieu of electronic filing, please send a paper copy
to: Secretary, Federal Energy Regulatory Commission, 888 First Street
NE, Washington, DC 20426. The first page of any filing should include
docket number P-10887-030.
    m. This application is not ready for environmental analysis at this
time.
    n. The existing project consists of the following: (1) An 829-foot-
long concrete gravity dam with a maximum height of 8 feet at a crest
elevation of 726.4 feet above mean sea level (msl); (2) an impoundment
with a surface area of about 158 acres and a storage capacity of 767
acre-feet at a normal pool elevation of 726.4 feet msl; (3) a forebay
canal approximately 500 feet long, 58 feet wide, and 10 feet deep at
the west bank of the river; (4) a masonry and concrete powerhouse 31
feet long, 25 feet wide, and approximately 45 feet high, containing one
open flume turbine-generator unit with a rated capacity of 800
kilowatts; (5) an excavated 200-foot-long, 35-foot-wide tailrace; (6) a
750-foot-long generator lead that connects the powerhouse with a
substation; and (7) appurtenant facilities.
    The Carthage Paper Maker Mill Project is operated in a run-of-river
mode with an estimated average annual generation of 3,991 megawatt-
hours between 2014 and 2018.
    o. A copy of the application is available for review at the
Commission in the Public Reference Room or 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. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    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.

    p. Procedural schedule and final amendments: The application will
be processed according to the following preliminary schedule. Revisions
to the schedule will be made as appropriate.

Issue Deficiency Letter (if necessary) December 2019
Request Additional Information December 2019
Issue Acceptance Letter March 2020
Issue Scoping Document 1 for comments April 2020
Request Additional Information (if necessary) June 2020
Issue Scoping Document 2 July 2020
Issue notice of ready for environmental analysis July 2020
Commission issues EA January 2021
Comments on EA February 2021
    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: November 12, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-25028 Filed 11-18-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Notices]
[Pages 74421-74423]
[FR Doc No: 2016-25837]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2531-075]

Brookfield White Pine Hydro LLC; Notice of Application Accepted
for Filing, Soliciting Motions To Intervene and Protests, Ready for
Environmental Analysis, and Soliciting Comments, Recommendations,
Preliminary Terms and Conditions, and Preliminary Fishway Prescriptions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2531-075.
    c. Date filed: December 15, 2015.
    d. Applicant: Brookfield White Pine Hydro LLC (White Pine Hydro).
    e. Name of Project: West Buxton Hydroelectric Project.
    f. Location: The existing project is located on the Saco River in
the Towns of Buxton, Hollis, and Standish, within York and Cumberland
Counties, Maine. The project does not affect federal lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Frank Dunlap, Licensing Specialist,
Brookfield White Pine Hydro LLC, 150 Main Street, Lewiston, ME 04240;
Telephone--(207) 755-5603<EMAIL_ADDRESS>OR Kelley Maloney, Manager of licensing and Compliance, Brookfield
White Pine Hydro LLC, 150 Maine Street, Lewiston, ME 04240; Telephone--
(207) 755-5606.
    i. FERC Contact: Allan Creamer,<PHONE_NUMBER>, or
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests, comments,
recommendations, preliminary terms and conditions, and preliminary
prescriptions: 60 days from the issuance date of this notice; reply
comments are due 105 days from the issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, recommendations, preliminary
terms and conditions, and preliminary fishway prescriptions using the
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.

Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>(866) 208-3676 (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, please
send a paper copy to: Secretary, Federal Energy Regulatory Commission,
888 First Street NE., Washington, DC 20426. The first page of any
filing should include docket number P-2531-075.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application has been accepted for filing and is now ready
for environmental analysis.
    l. The West Buxton Project consists of: (1) A 585-foot-long by 30-
foot-high concrete gravity dam with a crest elevation of 173.8 feet
(United States Geological Survey or USGS datum), consisting of (i) two
overflow sections topped with three inflatable rubber dam sections that
have a crest elevation of 178.1 feet (USGS datum) when fully inflated,
(ii) a gated section containing a 20-foot-wide by 15-foot-high vertical
lift gate, (iii) two 40-foot-wide by 11-foot-high stanchion sections,
(iv) an 11-foot-wide log sluice section, and (v) an intake structure
composed of two vertical lift gates regulating the flow of water to the
lower powerhouse and five gate openings (two sealed by stoplogs)
controlling water flow to the upper powerhouse; (2) a 118-acre
impoundment at a normal pool elevation of 177.8 feet (USGS datum); (3)
a 105-foot-long by 39-foot-wide upper powerhouse integral with the dam,
containing five horizontal axis Francis turbine generating units that
total 3,812 kW; (4) a 241.5-foot-long concrete conduit leading from the
intake structure to a 74-foot-long by 30 to 45-foot-wide surge chamber,
and then to the lower powerhouse; (5) a 51.2-foot long by 45.5-foot-
wide lower powerhouse, containing one 4,000 kW vertical axis Kaplan
turbine generating unit; (6) two 38-kV transmission lines, connecting
the upper and lower powerhouses to the non-project West Buxton
switching station; and (7) appurtenant facilities.
    White Pine Hydro operates the project in a run-of-river mode, in
accordance with the 1997 Saco River Instream Flow Agreement, which
provides that outflow approximate inflow from the upstream Bonny Eagle
Project No. 2529 and that White Pine Hydro act to minimize impoundment
level fluctuations. White Pine Hydro also operates the project with a
minimum outflow of 768 cfs, or inflow, whichever is less, in accordance
with the project's current water quality certificate. The project
generates an annual average of 34,007 MWh.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room, or may be viewed on the
Commission's Web site 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. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    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. Anyone may submit comments, a protest, or a motion to intervene
in accordance with the requirements of Rules of Practice and Procedure,
18 CFR 385.210, .211, and .214. In determining the appropriate action
to take, the Commission will consider all protests or other comments
filed, but only those who file a motion to intervene in accordance with
the Commission's Rules may become a party to the proceeding. Any
comments, protests, or motions to intervene must be received on or
before the specified comment date for the particular application.
    All filings must: (1) Bear in all capital letters the title
``PROTEST,'' ``MOTION TO INTERVENE,'' ``COMMENTS,'' ``REPLY COMMENTS,''
``RECOMMENDATIONS,'' ``PRELIMINARY TERMS AND CONDITIONS,'' or
``PRELIMINARY FISHWAY PRESCRIPTIONS;'' (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the
application directly from the applicant. A copy of any protest or
motion to intervene must be served upon each representative of the
applicant specified in the particular application. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.
    o. Procedural Schedule: The application will be processed according
to the following revised Hydro Licensing Schedule. Revisions to the
schedule may be made as appropriate.

------------------------------------------------------------------------
              Milestone                           Target date
------------------------------------------------------------------------
Filing of recommendations,             December 2016.
 preliminary terms and conditions,
 and preliminary fishway
 prescriptions.
Commission issues EA.................  April 2017.
Comments on EA or EIS................  May 2017.
Modified terms and conditions........  July 2017.
------------------------------------------------------------------------

    p. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice.
    q. A license applicant must file no later than 60 days following
the date of issuance of the notice of acceptance and ready for
environmental analysis provided for in 5.22: (1) A copy of the water
quality certification; (2) a copy of the request for certification,
including proof of the date on which the certifying agency received the
request; or (3) evidence of waiver of water quality certification.

    Dated: October 20, 2016.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2016-25837 Filed 10-25-16; 8:45 am]
 BILLING CODE 6717-01-P