[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Notices]
[Pages 48483-48486]
[FR Doc No: 2018-20898]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84227; File No. SR-BX-2018-045]

Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the Equity
Rule 6950 Series Concerning the Order Audit Trail System To Make
Conforming and Technical Changes

September 20, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 12, 2018, Nasdaq BX, Inc. (``BX'' 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 Exchange filed the proposal as
a ``non-controversial'' rule change pursuant to Section 19(b)(3)(A) of
the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to the [sic] Rule 6950 Series concerning the
Order Audit Trail System to make conforming and technical changes.
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaqbx.cchwallstreet.com/, at the principal office
of the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 is proposing to amend the Equity Rule 6950 Series \5\
concerning the Order Audit Trail System to: (1) Renumber the whole
Equity Rule 6950 Series to conform it to the numbering convention used
by the Nasdaq Stock Market LLC (``Nasdaq'') and FINRA; (2) amend Equity
Rule 7410A to expand two exemptions and to make technical changes to
text under the Rule; (3) delete inapplicable text from Equity Rules
7430A, 7440A and 7450A and make other conforming changes to these
Rules; (4) reorganize rule text under Equity Rule 7450A; (5) delete
current Equity Rules 6957and 6958.
---------------------------------------------------------------------------

    \5\ The term ``Equity Rules'' means the numbered rules set forth
in the Exchange Manual denominated as the 0100, 1000, 2000, 3000,
4000, 5000, 6000, 7000, 8000, 9000, 10000, and 11000 Series Rules.
See Equity Rule 0120(p). The Exchange is proposing to make it clear
in the proposed rules that references to rules of the Exchange are
``Equity Rules.''
---------------------------------------------------------------------------

    The Exchange's Equity Rule 6950 Series imposes an obligation on
Exchange members to record in electronic form and report to FINRA on a
daily basis certain information with respect to orders originated,
received, transmitted, modified, canceled, or executed by members in
Nasdaq- and Exchange-listed stocks. FINRA's Order Audit Trail System
(``OATS'') captures this order information and integrates it with quote
and transaction information to create a time-sequenced record of
orders, quotes, and transactions. This information is used by FINRA
staff to conduct surveillance and investigations of members for
potential violation of Exchange rules and federal securities laws.
    The Exchange adopted the Equity Rule 6950 Series to copy Nasdaq and
FINRA OATS rules, where appropriate. As a general principle, the
Exchange endeavors to keep its rules worded and structured as closely
as possible to the FINRA rules on which they are based, including
FINRA's OATS rules under its Rule 7000 Series. In instances where the
FINRA rules are inapplicable to the Exchange, such as FINRA Rule
7410(o)(2), which concerns an exception to the definition of a
Reporting Member relating to members operating on equities floors, the
Exchange has not copied those FINRA rules. Generally, the Exchange also
seeks to keep the Equity Rule 6950 Series consistent with Nasdaq's Rule
7400A Series, which should also be materially identical to the related
rules of the Exchange. The proposed changes will harmonize Exchange
rules with analogous Nasdaq and FINRA rules, which have been amended
since the Exchange first adopted its rules.
First Change
    The Exchange is proposing to renumber the Equity Rule 6950 Series
to a new Equity Rule 7000A Series, which is identical to how Nasdaq
presents its OATS rules. This will allow the Exchange's OATS rules to
follow the numbering convention used by Nasdaq and FINRA. Like Nasdaq,
the Exchange is proposing to add an ``A'' to each of the rules so that
they do not conflict with the existing Equity Rule 7000 Series within
the Exchange's rule book yet also follow FINRA's numbering convention.
FINRA's OATS rules are under the FINRA Rule 7400 Series and individual
rule numbers align with those of Nasdaq's OATS rules and those proposed
by the Exchange. As part of this change, the Exchange is also updating
references to rules in the Equity Rule 6950 Series to the renumbered
rules in the Equity Rule 7000A Series. Relatedly, the Exchange is
correcting citations in Equity Rules 7430A, 7440A, and 7450A that
currently reference NASD rule [sic] that have been renumbered as FINRA
rules.

Second Change
    The Exchange is amending Equity Rule 7410A to conform it to the
rules of Nasdaq. The Exchange is proposing to add new text as paragraph
(a) noting that terms used in the Rule have the same meanings as are
ascribed to those terms in the Exchange's By-Laws and in its other
rules, unless otherwise noted, which is identical to Nasdaq's Rule
7410A. Consequently, the Exchange is renumbering current paragraphs
(a)-(n) as paragraphs (b)-(o). The Exchange is also amending Equity
Rule 7410A to make technical changes that harmonize the definitions of
``Electronic Communication Network,'' ``Index Arbitrage Trade,''
``Intermarket Sweep Order,'' and ``Program Trade'' with the definitions
of those terms in the Nasdaq Rules.\6\
---------------------------------------------------------------------------

    \6\ The Exchange is not adopting the definition of ``NMS Stock''
found under Nasdaq Rule 7410A(j). The term is not used in the BX
OATS rules. In addition, the term is not used in the Nasdaq OATS
rules. The term is used in FINRA Rule 7410(k) defining ``Order Audit
Trail System,'' whereas BX and Nasdaq instead reference Exchange and
Nasdaq listed securities under Equity Rule 7410A(k) and Nasdaq
listed securities under Nasdaq Rule 7410A(l).
---------------------------------------------------------------------------

    The Exchange is also proposing to adopt the same limited exemption
from OATS order data recordation requirements provided under Nasdaq
Rule 7410A(k) for BX members that are registered market makers in
standardized options on any market. Equity Rule 7410A(j) defines the
term ``Order'' and provides a limited exemption from the definition for
a proprietary transaction originated by a trading desk in the ordinary
course of a member's market making activities. The Exchange is
proposing to adopt a second limited exemption currently available under
Nasdaq's analogous definition of ``Order.'' \7\ That limited exemption
excludes from the definition of an ``Order'' a bona fide hedge
transaction involving a Nasdaq-listed equity security originated by a
trading desk in the ordinary course of the member's options market
making activities.\8\ As noted by Nasdaq in adopting the exemption,
OATS was designed to provide an accurate, time-sequenced record of
orders and transactions, beginning with the receipt of an equity order
at the first point of contact between the broker-dealer and the
customer or counterparty and further documenting the life of the equity
order through the process of execution.\9\ The proposed rule change
does not impact the customer protection orientation of OATS since, by
definition, bona fide hedging transactions in equity securities that
are undertaken by options market makers do not involve customer orders
in those equity securities. Rather, bona fide hedging transactions in
equity securities are undertaken by an options market maker to hedge
against the firm risk that it creates through its conduct as a
registered options market maker. Accordingly, submitting bona fide
hedging transactions to OATS recording requirements provides no
customer protection or equivalent regulatory benefit. It is also very
expensive for firms that are not currently FINRA members or that do not
currently trade Exchange or Nasdaq equities to develop and maintain the
compliance systems and compliance staff required to continuously
monitor the daily transmission of OATS data. For these reasons, the
Exchange is proposing to adopt such an exemption, available to its
options market makers.
---------------------------------------------------------------------------

    \7\ See Nasdaq Rule 7410A(k).
    \8\ The Exchange notes that Nasdaq capitalizes the term ``Bona
Fide Hedge Transaction'' in Nasdaq Rule 7410A(k), although the term
is not defined in Nasdaq's rules. The Exchange believes that
capitalizing the term was an error and is therefore not capitalizing
the term in Equity Rule 7410A(k).
    \9\ See Securities Exchange Act Release No. 59369 (February 6,
2009), 74 FR 7278 (February 13, 2009) (SR-NASDAQ-2008-097).
---------------------------------------------------------------------------

    The Exchange is proposing to amend Equity Rule 7410A(n)(1) to
harmonize the rule with FINRA Rule 7410(o)(1)(A) and Nasdaq Rule
7410A(o)(1)(A). Equity Rule 7410A(n) defines a ``Reporting Member'' as
a member that receives or originates an order and has an obligation to
record and report information under Equity Rules 7440A and 7450A. The
Rule also provides an exception to the general definition of a
``Reporting Member'' if the member meets four conditions.\10\ The first
condition in subparagraph (n)(1), which is the only condition at issue
in this proposal, is that currently the member engages in a non-
discretionary order routing process, pursuant to which it immediately
routes, by electronic or other means, all of its orders to a single
receiving Reporting Member. On May 12, 2014, FINRA amended FINRA Rule
7410(o)(1)(A) to allow a member to satisfy this condition by permitting
a member to alternatively route its orders to two receiving Reporting
Members, if two related requirements were met.\11\ First, the orders
must be routed by the member to each receiving Reporting Member on a
pre-determined schedule approved by FINRA. Second, the FINRA member's
orders must be routed to two receiving Reporting Members pursuant to
the schedule for a time period not to exceed one year. Under FINRA's
rule as amended, FINRA members may continue to rely on the exception
from the definition of Reporting Member if it [sic] routes all of its
[sic] orders to a single Reporting Member, provided the other
conditions of the exception are met. Consequently, BX is also keeping
its existing single receiving Reporting Member exception and adding a
second exception for two receiving Reporting Members. FINRA noted in
adopting the change that the rule was intended to accommodate
introducing firms that transition to a different clearing firm over
time and, during the transition, route their orders [sic] two different
clearing firms, both of which report the introducing firm's information
to OATS during the transition time. Nasdaq recently amended its rule to
incorporate this change.\12\ The Exchange believes that this additional
limited exception is appropriate for its members, which likewise may
encounter a transition to a different clearing firm whereby a member
would no longer be eligible for the exception to the definition of
Reporting Member. Accordingly, the Exchange is proposing to adopt the
FINRA rule text under Equity Rule 7410A(n)(1)(B).
---------------------------------------------------------------------------

    \10\ The four conditions are provided under Equity Rules
7410A(n)(1)-(4).
    \11\ See Securities Exchange Act Release No. 72191 (May 20,
2014), 79 FR 30219 (May 27, 2014) (SR-FINRA-2014-024).
    \12\ See Securities Exchange Act Release No. 83115 (April 26,
2018), 83 FR 19384 (May 2, 2018) (SR-NASDAQ-2018-030).
---------------------------------------------------------------------------

Third Change
    The Exchange is proposing to amend Equity Rules 7430A(a), 7440A(a)
and 7450A(a) to delete text concerning FINRA's process of transitioning
certain NASD rules into a new FINRA rulebook because this transition
period has ended and the text is obsolete. The Exchange is also
proposing to make technical changes that update citations to the
appropriate FINRA rules under Equity Rules 7430A(a), 7440A(a) and
7450A(a).\13\ Consistent with Nasdaq Rule 7440A(d)(2), the Exchange is
proposing to add new Equity Rule 7440A(d)(2), which provides that
references to FINRA Rules 5320, 7440, and 7450 shall be construed as
references to Equity Rules IM-2110-2, 7440A, and 7450A, respectively.
Last, the Exchange is making minor clarifying changes under Equity
Rules 7440A(d)(1) and (2) to make it clear that certain rules

noted thereunder are references to FINRA rules.
---------------------------------------------------------------------------

    \13\ The Exchange notes that Rule 7450A(b) requires both
Proprietary Trading Firms as well as their associated persons to
comply with FINRA Rule 7450 in limited circumstances, whereas
Nasdaq's Rule 7450A only requires compliance by Proprietary Trading
Firms. The Exchange believes that this is an omission in the Nasdaq
rule and is accordingly not adjusting the Exchange rule.
---------------------------------------------------------------------------

Fourth Change
    The Exchange is proposing to delete paragraph (c) from current
Equity Rule 6954 (which will be renumbered Equity Rule 7440A and
paragraph (d) from current Equity Rule 6955 (which will be renumbered
Equity Rule 7450A), and move the text to Equity Rules 7440A(a) and
7450A(a), respectively, with minor technical differences to correct
citations.\14\ The Rules explain that the Exchange and FINRA are
parties to the FINRA Regulatory Contract, pursuant to which FINRA has
agreed to perform certain functions on behalf of the Exchange. The
Rules also note that members are complying with current Equity Rules
6954 and 6955 by complying with NASD Rules 6954 and 6955, respectively.
Nasdaq places the same text as current Equity Rules 6954(d) and 6955(d)
under Nasdaq Rules 7440A(a) and 7450A(a), respectively. Thus, the
Exchange is moving the text, as amended, under Equity Rules 7440A(a)
and 7450A(a). As a consequence, the Exchange is changing the lettering
of paragraphs (d) and (e) of current Equity Rule 6954 to paragraphs (c)
and (d), respectively, of Equity Rule 7440A, and the lettering of
paragraph (e) of current Equity Rule 6955 to paragraph (d) of Equity
Rule 7450A.
---------------------------------------------------------------------------

    \14\ The Exchange is not including text from current Equity
Rules 6954(c) and 6955(d), which notes that members are complying
with these rules by complying with the related FINRA rules, in
Equity Rules 7440A(a) and 7450A(a). The Exchange believes these
sentences are duplicative of the first sentence of Equity Rules
7440A(a) and 7450A(a). The Exchange notes that Nasdaq's Rules
7440A(a) and 7450A(a) include this duplicative text.
---------------------------------------------------------------------------

Fifth Change
    The Exchange is proposing to delete current Equity Rules 6957 and
6958. Equity Rule 6957 concerns compliance with NASD Rule 6954. NASD
Rule 6954 provided the effective dates of requirements of the Order
Audit Trail System, all of which have passed. FINRA has deleted NASD
Rule 6954 and consequently, the Exchange is proposing to delete Equity
Rule 6957.
    The Exchange is proposing to delete current Equity Rule 6958, which
will be renumbered Equity Rule 7470A and held in reserve. Current
Equity Rule 6958 provided an exemption from the order recording and
data transmission requirements of current Equity Rules 6954 and 6955,
which are OATS rules applicable to manual orders. The exemption has not
been requested by any Exchange member to date and the Exchange does not
believe that Exchange members are likely to need the exemption, since
the vast majority of such members to which the rule applies are
electronic proprietary trading firms that would not qualify for the
exemption.\15\ Thus, the Exchange is proposing to eliminate the rule
text under Equity Rule 6958 from its rule book, renumber the rule to
Equity Rule 7470A, and hold the rule in reserve.
---------------------------------------------------------------------------

    \15\ The Exchange notes that Nasdaq does not have an analogous
rule, having eliminated similar text recently for the same reasons.
See note 10 [sic], supra.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\16\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\17\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest, by harmonizing the Exchange's OATS rules with those of FINRA,
on which they are based, and with those of Nasdaq, which they should
largely match. Consequently, the proposed change will conform Exchange
Rules to changes made to corresponding FINRA and Nasdaq rules, thus
promoting consistent regulatory standards with respect to rules that
FINRA enforces pursuant to its Regulatory Services Agreements with the
Exchange and Nasdaq. With respect to the proposed amendment to Equity
Rule 7410A(n)(1), the exemption will provide Exchange members with the
same flexibility to transition to a new clearing firm that both Nasdaq
and FINRA members currently enjoy. The rule is intended to accommodate
introducing firms that transition to a different clearing firm over
time and, during the transition, route their orders to two different
clearing firms, both of which report the introducing firm's information
to OATS during the transition time. Adopting the new and amended rule
text under Equity Rule 7410A will also align the Exchange rulebook with
Nasdaq's and FINRA's, thereby reducing complexity from FINRA's work
under a regulatory services agreement with the Exchange.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that adopting the new limited exception to
the definition of ``Order'' is consistent with the Act because it
provides a very narrow exemption from reporting transactions that are
done to manage risk and facilitate options market making. Bona fide
hedging transactions in equity securities that are undertaken by
options market makers do not involve customer orders in those equity
securities and thus do not implicate customer protection issues.
Moreover, information regarding bona fide hedging transactions retained
by a registered BX Options Market market maker is otherwise available
to FINRA and BX Regulation through the Exchange's electronic delivery
systems, upon request. This information includes trade reporting data,
including order time and sales data captured by the Exchange system.
    With respect to the proposed technical corrections to the rules,
the Exchange believes that these changes are consistent with the Act
because they will prevent investor confusion that may be caused by
including in the Rules incorrect rule citations, defunct rule text and
expired exemptions.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change align
[sic] the Exchange's rules with those of Nasdaq and FINRA, which will
assist FINRA in its oversight work done pursuant to a regulatory
services agreement. The proposed changes also provide uniform standards
with which market participants must comply. Consequently, the Exchange
does not believe that the proposed changes implicate competition at
all.

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

    No written comments were either solicited or received.

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

    Because the 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 prior to
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 \18\ and Rule 19b-4(f)(6)
thereunder.\19\
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and 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.
The Exchange has satisfied this requirement.

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

    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.

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 protected]. Please include
File Number SR-BX-2018-045 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2018-045. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-BX-2018-045 and should be submitted on
or before October 16, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
Brent J. Fields,
Secretary.
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. 2018-20898 Filed 9-24-18; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: December 9, 2009 (Volume 74, Number 235)]
[Notices]
[Page 65106-65109]
[DOCID:fr09de09-38]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2106-059]

Pacific Gas and Electric Company; Notice of Application Accepted
for Filing, Soliciting Motions To Intervene and Protests, Ready for
Environmental Analysis, Soliciting Comments, Recommendations,
Preliminary Terms and Conditions, and Preliminary Fishway
Prescriptions, and Intent To Prepare an Environmental Impact Statement

December 1, 2009.
    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.: 2106-059.
    c. Date Filed: July 16, 2009.
    d. Applicant: Pacific Gas and Electric Company (PG&E).
    e. Name of Project: McCloud-Pit Hydroelectric Project.
    f. Location: The existing project is located on the McCloud and Pit
Rivers in Shasta County, California. The project occupies lands of the
United States, managed by the United States Department of Agriculture--
Forest Service and the United States Department of Interior--Bureau of
Land Management.
    g. Filed Pursuant to: Federal Power Act 16 USC 791 (a)-825(r).
    h. Applicant Contact: Randal S. Livingston, Vice President--Power
Generation, Pacific Gas and Electric Company, P.O. Box 770000, Mail
Code N11E, San Francisco, CA 94177-0001; Telephone<PHONE_NUMBER>.
    i. FERC Contact: Emily Carter at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests, comments,
recommendations, preliminary terms and conditions, and preliminary
fishway prescriptions is 60 days from the issuance of this notice;
reply comments are due 105 days from the issuance date of this notice.
    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 also must serve a copy of the document
on that resource agency.
    Motions to intervene, protests, comments, recommendations,
preliminary terms and conditions, and preliminary fishway prescriptions
may be filed electronically via the Internet. See 18 C.F.R.
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
(http://www.ferc.gov/docs-filing/ferconline.asp) under the ``eFiling''
link. For a simpler method of submitting text only comments, click on
``Quick Comment.'' For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>call toll-free at<PHONE_NUMBER>; or,
for TTY, contact<PHONE_NUMBER>. Although the Commission strongly
encourages electronic filing, documents also may be paper-filed. To
paper-file, mail an original and eight copies to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    k. Cooperating Agencies: We are asking federal, state, local, and
tribal agencies with jurisdiction and/or special expertise with respect
to environmental issues to cooperate with us in the preparation of the
environmental document. Agencies who would like to request cooperating
status should follow the instructions in item l below.
    l. Deadline for filing requests for cooperating agency status:
February 1, 2010.
    m. This application has been accepted for filing and is now is
ready for environmental analysis.
    n. Project Description: The existing McCloud-Pit Project consists
of three existing developments (James B. Black, Pit 6, and Pit 7),
which collectively include two storage reservoirs (McCloud and Iron
Canyon), two regulating reservoirs (Pit 6 and Pit 7), one afterbay (Pit
7), two tunnels, three powerhouses (James B. Black, Pit 6, and Pit 7),
and associated equipment and transmission facilities. The project has
an installed capacity of 368 megawatts (MW), produces an average annual
generation of 1,542 gigawatt-hours (GWh), and occupies 3,707.6 acres of
land. Approximately 1,651.4 of these acres are federally owned, with
1,621.9 managed by the Shasta-Trinity National Forest and 29.5 managed
by the U.S. Bureau of Land Management. In addition to the existing
facilities, PG&E is proposing to construct two generation additions
consisting of powerhouses at the base of McCloud dam (5-8 MW) and at
the base of Pit 7 Afterbay dam (10 MW).
    The project involves the transfer of water from the McCloud River
basin to the Lower Pit River basin via a tunnel from the McCloud
reservoir to Iron Canyon reservoir. Iron Canyon reservoir is on Iron
Canyon creak, a tributary of the Pit River. Water flows from Iron
Canyon reservoir via a tunnel to the James B. Black powerhouse.
Although the project diverts water from the McCloud River basin to the
Lower Pit River basin, both basins drain to Shasta Lake.

James B. Black Development

McCloud Dam and McCloud Reservoir

    McCloud dam is a 241-foot-high, 630-foot-long earth and rock filled
dam located on the McCloud River and impounds McCloud reservoir. The
McCloud reservoir has a surface area of 520 acres and a maximum storage
capacity of approximately 35,234 acre-feet (af). The spillway
[elevation 2,696.0 feet National Geodetic Vertical Datum (NGVD)] is on
the south side of the dam. The reservoir has a normal maximum water
surface elevation of 2,680 feet. The dam is equipped with three radial
gates measuring 27 feet by 24.5 feet, discharging into a spillway that
returns spillage flows to the McCloud River below the dam. The dam also
has a 12-foot diameter diversion/outlet tunnel that runs under the dam
to supply a 24-inch Howell-Bunger valve for releasing instream flows to
the McCloud River, as well as an 84-inch diameter butterfly valve for
emergency use to control reservoir levels. Controls for the

diversion/outlet tunnel are located at the intake within McCloud
reservoir.

McCloud Tunnel

    A 7.2-mile-long tunnel and a 563-foot-long pipeline at Hawkins
Creek crossing hydraulically link McCloud reservoir and Iron Canyon
reservoir. An intake tower within McCloud reservoir collects water for
the McCloud tunnel, which is approximately 17 feet in diameter and
heads easterly to Iron Canyon reservoir. The differential in water
surface elevations between the two reservoirs controls the amount of
water drafted through the tunnel.

Iron Canyon Dam and Reservoir

    An earth-filled dam 214-feet-high and 1,130-feet-long impounds Iron
Canyon reservoir. The reservoir has a maximum storage capacity of
24,241 af with an approximate 500-acre surface area. The dam has a
slide gate leading to a 48-inch diameter pipe for instream flow
releases to Iron Canyon Creek. Normal maximum water surface elevation
within the reservoir is 2,664 feet NGVD. When the water surface of Iron
Canyon reservoir is lowered, water flows through the McCloud tunnel
from McCloud reservoir to Iron Canyon reservoir.

Iron Canyon Tunnel and Penstock

    Iron Canyon reservoir is connected to James B. Black powerhouse via
the 2.9-mile long, 18-foot diameter Iron Canyon Tunnel, an associated
1,194-foot-long, 11.5-foot diameter pipeline at the Willow Spring Creek
crossing, and a 5,467-foot-long, 11.5-foot diameter steel penstock. The
penstock bifurcates before James B. Black powerhouse to deliver water
flow to the two turbine generator units. The tunnel and penstock have a
total flow capacity of 2,000 cfs.

James B. Black Powerhouse

    James B. Black powerhouse is located on the northwest bank of the
Pit River, approximately 0.5 miles upstream of the Pit 5 Project
powerhouse (FERC Project No. 233). The powerhouse is a three-level,
reinforced concrete structure containing two vertical shaft impulse
turbines rated at 104,000 hp each. They operate at a normal maximum
gross head of 1,226 feet. Two vertical axis outdoor generators, Unit 1
rated at 94.8 megavolt-ampere (MVA) and Unit 2 rated at 92.6 MVA, are
connected to a three phase, 86 MVA transformer bank. Their combined
maximum capacity is 172 MW. Average annual generation within the past
25 years at the station is 656.3 GWh.

Transmission

    Transmission lines (230 kilovolt [kV]) extend approximately 0.5
mile from the transformer bank in the switchyard adjacent to the James
B. Black powerhouse to the switchyard adjacent to the Pit 5 powerhouse.

Pit 6 Development

Pit 6 Dam and Reservoir

    Pit 6 dam and reservoir are located on the Pit River downstream of
James B. Black powerhouse. The 183-foot-high, 560-foot-long concrete
gravity Pit 6 dam has a crest elevation of 1,432 feet NGVD. The top of
the dam contains a trash rake, motors for two 42-foot-high by 49-foot-
long slide gates and a control building. The control building houses a
hydraulic system for two low-level, eight-foot diameter outlets at the
base of the dam. The Pit 6 reservoir has a maximum storage capacity of
approximately 15,619 af and a maximum surface area of approximately 268
acres. The normal maximum water surface elevation within the reservoir
is 1,425 feet NGVD. The reservoir serves as the forebay for the Pit 6
powerhouse. Two 18-foot diameter steel penstocks with a total flow
capacity of 6,470 cfs extend 602 feet from the dam to the turbines in
the powerhouse located at the base of the dam.

Pit 6 Powerhouse

    Pit 6 powerhouse is located along the east bank of the Pit River at
the base of Pit 6 dam. The powerhouse is a four-level reinforced
concrete structure, three levels of which are below grade. The
structure contains two vertical shaft, Francis reaction turbines, rated
at 53,000 hp each and operating at a normal maximum gross head of 155
feet. There are two outdoor vertical axis generators, rated at 44 MVA
each, with each unit connected to a three-phase 44 MVA transformer bank
that steps up plant output to 230 kV. The maximum generator capacity is
80 MW. Average annual generation over the last 25 years is 373.8 GWh.

Transmission

    Transmission lines extend approximately 3.3 miles from the
switchyard adjacent to the Pit 6 powerhouse to the Applicant's
interconnected transmission system.

Pit 7 Development

Pit 7 Dam and Reservoir

    Pit 7 dam and reservoir are located on the Pit River downstream of
Pit 6 powerhouse. The Pit 7 dam is a 228-foot-high and 770-foot-long
concrete gravity dam. The top of the dam contains a trash rake, motors
for two 49-foot by 42-foot slide gates at the crest of the dam, and a
control building. The control building houses hydraulic controls for
two eight-foot in diameter, low-level outlets at the base of the dam.
The Pit 7 reservoir has a maximum storage capacity of 34,611 af and a
surface area of approximately 471 acres at a normal maximum water
surface elevation of 1,270 feet NGVD. As with Pit 6, the Pit 7
reservoir serves at the forebay for the Pit 7 powerhouse. Two
penstocks, 15 feet in diameter, extend 572 feet from the dam to the
turbines in the powerhouse, located at the base of the dam. Total flow
capacity within the penstocks is 7,440 cfs.

Pit 7 Powerhouse

    Pit 7 powerhouse is located along the east bank of the Pit River at
the base of Pit 7 dam. The powerhouse consists of a four-level,
reinforced concrete structure, three levels of which are below grade.
The powerhouse contains two vertical-shaft reaction turbines that are
rated at 70,000 hp each and operate at a normal maximum gross head of
205 feet. Two vertical axis generators are rated at 52.2 (Unit 2) and
62.1 MVA (Unit 1), respectively. Their maximum combined capacity is 112
MW. Each unit is connected to a three-phase, 58 MVA transformer bank
that steps up plant output to 230 kV. The average annual generation
over the last 25 years is 512 GWh.

Transmission

    Transmission lines extend approximately 3.5 miles from the
switchyard adjacent to the Pit 7 powerhouse to the Applicant's
interconnected transmission system.

Pit 7 Afterbay

    Pit 7 afterbay has a surface area of approximately 69 acres at a
normal ``maximum'' water surface elevation of 1,067 feet NGVD (maximum
water surface of Shasta Lake). The afterbay dam is a 30-foot-high,
steel-reinforced, rock-fill structure, including a variable width
concrete gravity weir section. Pit 7 afterbay serves to attenuate
changes in the water flow from Pit 7 dam and powerhouse before entering
Shasta Lake.

Proposed Facilities

McCloud Development

    PG&E proposes to construct a powerhouse located at the base of
McCloud dam. Generation output from the proposed powerhouse would be
connected to a new transmission line that would be routed from the
proposed powerhouse to connect to an existing

substation located approximately 14 miles to the north, in the town of
McCloud, California. McCloud Development would use water stored in
McCloud Reservoir and released into the Lower McCloud River to meet
instream flow requirements and no new impoundments are proposed. With a
flow range of 150 cfs to 400 cfs, the turbine and generator set would
have an installed capacity of about 5 to 8 MW. The proposed McCloud
Development would have an average range of annual energy production of
30 to 40 GWh and average monthly generation would be approximately 2.5
to 3.3 GWh. PG&E proposes to base the final size of the unit,
powerhouse hydraulic capacity, and average annual energy production on
instream flow requirements included in the new project license.
    The proposed powerhouse would be positioned to the south of the
current outlet works control building and would be a reinforced
concrete-and-block masonry structure designed to enclose and protect
the electro-mechanical generation equipment, withstand area snow loads,
and prevent possible vandalism. It would be accessed via the existing
project road that connects to Forest Road 38N11. The powerhouse would
be equipped with a single vertical-axis Francis turbine. The turbine,
which would have a discharge diameter of approximately 54 inches, would
operate at about 450 revolutions per minute. The direct-coupled
synchronous generator rating would range from 5,600 to 7,500 kW.
    The proposed transmission line route from the powerhouse would
follow Forest Road 38N11 and then county roads to the existing
substation approximately 14 miles north in the town of McCloud.

Pit 7 Afterbay Development

    PG&E proposes to construct at Pit 7 Afterbay Development, including
a powerhouse located on the west side of Pit 7 Afterbay dam at the
regulating weir. Generation output from the proposed powerhouse would
be connected to a new transmission line that would be routed from the
powerhouse to connect to the switchyard located approximately 1.6 miles
to the east at Pit 7 powerhouse. The proposed facilities would have no
meaningful storage and would operate in a run-of-the-river mode. The
available flows for energy production would be dictated by the
operation of the upstream Pit 7 powerhouse.
    The proposed Pit 7 Afterbay powerhouse would use water released
upstream from Pit 7 powerhouse and dam and no new impoundments are
proposed. The proposed powerhouse would be configured for two
horizontal-axis synchronous generating units, each rated at 5,500 kW
and housed in an approximately 30-foot-wide x 110-foot-long intake
approach bay. Each of the generating bays would have a design flow of
2,500 cfs. The upstream entrance to each intake bay would include a
trashrack to stop large debris from entering the unit. Two radial gates
approximately 26-foot-wide by 52-foot-high would be constructed
upstream of the unit to regulate flow and for dewatering the turbine
pit. A roller gate would be constructed at the downstream end of each
bay or the tailrace to prevent backwatering during maintenance. A
combination of ramps, walkways, and ladders would be used in each bay
to allow for maintenance access and support the gate operator
mechanism. A 20-foot-wide bypass flow bay, which would house a radial
gate and operator, would be built in the first phase of construction.
The bypass flow bay would be used to pass river flows during the second
phase of construction and during times of non-generation. The bypass
flow bay also would require a walkway to allow maintenance and
operation access and support the gate operator mechanism. A new access
road would be constructed to access the powerhouse for construction,
operation, and maintenance. The access road would extend between
Fenders Ferry Road and the afterbay, just west of Fenders Ferry Bridge.
Based on a flow range of 2,500 cfs to 5,000 cfs, the 2-unit powerhouse
would accommodate turbine and generator sets capable of an installed
capacity of about 5 MW each for a total of 10 MW. The average monthly
generation from this proposed powerhouse would be approximately 4.2
GWh.
    The proposed powerhouse substation would be fenced and located on
the ground near the control house, but above the maximum anticipated
flood and tailwater levels. Substation equipment would include a step-
up substation to transform energy for the transmission line. Powerhouse
controls and switchgear would be installed in a separate building
located on the right bank of the river, positioned above the maximum
anticipated water level and inside the substation fence. The building
would house the required equipment for control and protection of the
generation units and would be equipped with electric heating and
cooling. The transmission line would be a 1.6-mile-long, 34.5-kV,
wooden-pole line connecting the proposed powerhouse to a new 34.5- to
230-kV transformer, positioned at or near the existing 230-kV Pit 7
switchyard. A new 230-kV circuit breaker and disconnect switch would be
connected by a short span to the main bus of the existing Pit 7
switchyard.
    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 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 e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    p. 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. 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,''
``PRELIMINARY FISHWAY PRESCRIPTIONS,'' or ``COOPERATING AGENCY;'' (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.
    q. Procedural Schedule (supersedes Procedural Schedule notice dated
July 29, 2009): 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, preliminary      02/01/2010
 terms and conditions, and preliminary
 fishway prescriptions.
Commission issues Draft EIS...............  09/13/2010
Comments on Draft EIS.....................  11/12/2010
Modified Terms and Conditions.............  01/11/2011
Commission Issues Final EIS...............  04/11/2011
------------------------------------------------------------------------

    r. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice.
    s. 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 Sec.  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.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-29282 Filed 12-8-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 96 (Wednesday, May 18, 2022)]
[Notices]
[Pages 30325-30327]
[FR Doc No: 2022-10740]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Submission Deadline for Schedule Information for
Chicago O'Hare International Airport, John F. Kennedy International
Airport, Los Angeles International Airport, Newark Liberty
International Airport, and San Francisco International Airport for the
Winter 2022/2023 Scheduling Season

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

ACTION: Notice of submission deadline.

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

SUMMARY: Under this notice, the FAA announces the submission deadline
of May 19, 2022, for Winter 2022/2023 flight schedules at Chicago
O'Hare International Airport (ORD), John F. Kennedy International
Airport (JFK), Los Angeles International Airport (LAX), Newark Liberty
International Airport (EWR), and San Francisco International Airport
(SFO).

DATES: Schedules should be submitted by May 19, 2022.

ADDRESSES: Schedules may be submitted to the Slot Administration Office
by email to: [email protected].

FOR FURTHER INFORMATION CONTACT: Al Meilus, Manager, Slot
Administration, AJR-G, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION: This document provides routine notice to
carriers serving capacity-constrained airports in the United States,
including Chicago O'Hare International Airport (ORD), John F. Kennedy
International Airport (JFK), Los Angeles International Airport (LAX),
Newark Liberty International Airport (EWR), and San Francisco
International Airport (SFO). In particular, this notice announces the
deadline for carriers to submit schedules for the Winter 2022/2023
scheduling season. The FAA deadline coincides with the schedule
submission deadline established in the International Air Transport
Association (IATA) Calendar of Coordination Activities.

General Information for All Airports

    The FAA has designated EWR, LAX, ORD, and SFO as IATA Level 2
airports \1\ subject to a schedule review process premised upon
voluntary cooperation. The FAA has designated JFK as an IATA Level 3
airport consistent with the Worldwide Slot Guidelines (WSG), now
generally known as the Worldwide Airport Slot Guidelines (WASG).\2\ The
FAA currently limits scheduled operations at JFK by order that expires
on October 29, 2022.\3\ The Winter 2022/2023 scheduling season is from
October 30, 2022, through March 25, 2023, in recognition of the IATA
Northern Winter scheduling period. Notwithstanding that carriers may
presently face uncertainty about their international operations in
light of coronavirus disease 2019 (COVID-19), carriers should continue
preparations for schedule facilitation at Level 2 airports and an
extension of slot controls at JFK during the Winter 2022/2023
scheduling season and submit their schedule under the assumption that
no relief will be granted at Level 2 and Level 3 airports during the
Winter 2022/2023 scheduling season.\4\ The FAA and the Office of the
Secretary will continue to monitor industry developments closely and
will announce any possible COVID-19-related relief, if it is deemed
necessary, in a separate notice. Any potential relief for the Winter
2022/2023 scheduling season and any potential action to alter the
established rules and policies for slot management and schedule
facilitation in the United States are not within the scope of this
notice.
---------------------------------------------------------------------------

    \1\ These designations remain effective until the FAA announces
a change in the Federal Register.
    \2\ The FAA generally applies the WSG edition 9 to the extent
there is no conflict with U.S. law or regulation.
    \3\ Operating Limitations at John F. Kennedy International
Airport, 73 FR 3510 (Jan. 18, 2008), as most recently extended 85 FR
58258 (Sep. 18, 2020). The slot coordination parameters for JFK are
set forth in this Order.
    \4\ For additional information on COVID-19 impacts at designated
IATA Level 2 and 3 airports in the United States and actions taken
by the FAA to preserve stability through the Winter 2021/2022
scheduling season, see FAA Notice of Limited, Conditional Extension
of COVID-19 Related Relief for International Operations only for the
Winter 2021/2022 Scheduling Season, 86 FR 58134 (Oct. 20, 2021).
---------------------------------------------------------------------------

    The FAA is concerned primarily about scheduled and other regularly
conducted commercial operations during designated hours, but carriers
may submit schedule plans for the entire day. The designated hours for
the Winter 2022/2023 scheduling season are: At EWR and JFK from 0600 to
2300 Eastern Time (1100 to 0400 UTC), at LAX and SFO from 0600 to 2300
Pacific Time (1400 to 0700 UTC), and at ORD from 0600 to 2100 Central
Time (1200 to 0300 UTC). These hours are unchanged from previous
scheduling seasons. The FAA understands there may be differences in
schedule times due to U.S. daylight saving time dates and will
accommodate these differences to the extent possible.
    Carriers should submit schedule information in sufficient detail
including, at minimum, the marketing or operating carrier, flight
number, scheduled time of operation, frequency, aircraft equipment, and
effective dates. IATA standard schedule information format and data
elements for communications at Level 2 and Level 3 airports in the IATA
Standard Schedules Information Manual (SSIM) Chapter 6 may be used. The
WSG provides additional information on schedule submissions at Level 2
and Level 3 airports. Some carriers at JFK manage and track slots
through FAA-

assigned Slot ID numbers corresponding to an arrival or departure slot
in a particular half-hour on a particular day of week and date. The FAA
has a similar voluntary process for tracking schedules at EWR with
Reference IDs, and certain carriers are managing their schedules
accordingly. These are primarily U.S. and Canadian carriers that have
the highest frequencies and considerable schedule changes throughout
the season and can benefit from a simplified exchange of information
not dependent on full flight details. Carriers are encouraged to submit
schedule requests at those airports using Slot or Reference IDs.
    As stated in the WSG, schedule facilitation at a Level 2 airport is
based on the following: (1) Schedule adjustments are mutually agreed
upon between the carriers and the facilitator; (2) the intent is to
avoid exceeding the airport's coordination parameters; (3) the concepts
of historic precedence and series of slots do not apply at Level 2
airports; although WSG recommends giving priority to approved services
that plan to operate unchanged from the previous equivalent season at
Level 2 airports, and (4) the facilitator should adjust the smallest
number of flights by the least amount of time necessary to avoid
exceeding the airport's coordination parameters. Consistent with the
WSG, the success of Level 2 in the United States depends on the
voluntary cooperation of carriers.
    The FAA considers several factors and priorities as it reviews
schedule and slot requests at Level 2 and Level 3 airports, which are
consistent with the WSG, including--historic slots or services from the
previous equivalent season over new demand for the same timings,
services that are unchanged over services that plan to change time or
other capacity relevant parameters, introduction of year-round
services, effective period of operation, regularly planned operations
over ad hoc operations, and other operational factors that may limit a
carrier's timing flexibility. In addition to applying these priorities
from the WSG, the U.S. Government has adopted a number of measures and
procedures to promote competition and new entry at U.S. slot-controlled
and schedule-facilitated airports.
    Consistent with the limited, conditional extension of COVID-19
related relief for the Winter 2021/2022 scheduling season \5\, slots or
schedules operated as approved on a non-historic or an ad hoc basis in
Winter 2021/2022 will be given priority over new requests for the same
timings in Winter 2022/2023, subject to capacity availability and
consistent with established rules and policies in effect in the United
States. This priority applies to slot or schedule requests for Winter
2022/2023, which are comparable in timing, frequency, and duration to
the ad hoc approvals made by the FAA for Winter 2021/2022. This
priority does not affect the historic precedence or priority of slot
holders and carriers with schedule approvals, respectively, which met
the conditions of the waiver during Winter 2021/2022 and which seek to
resume operating in Winter 2022/2023. The FAA may consider this
priority in the event that slots with historic precedence become
available for permanent allocation by the FAA. Foreign air carriers
seeking priority under this provision will be required to represent
that their home jurisdiction will provide reciprocal priority to U.S.
carrier requests of this nature. Slot management in the United States
differs in some respect from procedures in other countries. In the
United States, the FAA is responsible for facilitation and coordination
of runway access for takeoffs and landings at Level 2 and Level 3
airports; however, the airport authority or its designee is responsible
for facilitation and coordination of terminal/gate/airport facility
access. The process with the individual airports for terminal access
and other airport services is separate from, and in addition to, the
FAA schedule review based on runway capacity.
---------------------------------------------------------------------------

    \5\ See FAA Notice of Limited, Conditional Extension of COVID-19
Related Relief for International Operations only for the Winter
2021/2022 Scheduling Season, 86 FR 58134 (Oct. 20, 2021).
---------------------------------------------------------------------------

    Generally, the FAA uses average hourly runway capacity throughput
for airports and performance metrics in conducting its schedule review
at Level 2 airports and determining the scheduling limits at Level 3
airports included in FAA rules or orders.\6\ The FAA also considers
other factors that can affect operations, such as capacity changes due
to runway, taxiway, or other airport construction, air traffic control
procedural changes, airport surface operations, and historical or
projected flight delays and congestion.
---------------------------------------------------------------------------

    \6\ The FAA typically determines an airport's average adjusted
runway capacity or typical throughput for Level 2 airports by
reviewing hourly data on the arrival and departure rates that air
traffic control indicates could be accepted for that hour, commonly
known as ``called'' rates. The FAA also reviews the actual number of
arrivals and departures that operated in the same hour. Generally,
the FAA uses the higher of the two numbers, called or actual, for
identifying trends and schedule review purposes. Some dates are
excluded from analysis, such as during periods when extended airport
closures or construction could affect capacity.
---------------------------------------------------------------------------

    Finally, the FAA notes that the schedule information submitted by
carriers to the FAA may be subject to disclosure under the Freedom of
Information Act (FOIA). The WSG also provides for release of
information at certain stages of slot coordination and schedule
facilitation. In general, once it acts on a schedule submission or slot
request, the FAA may release information on slot allocation or similar
slot transactions or schedule information reviewed as part of the
schedule facilitation process. The FAA does not expect that practice to
change and most slot and schedule information would not be exempt from
release under FOIA. The FAA recognizes that some carriers may submit
information on schedule plans that is both customarily and actually
treated as private. Carriers that submit such confidential schedule
information should clearly mark the information, or any relevant
portions thereof, as proprietary information (``PROPIN''). The FAA will
take the necessary steps to protect properly designated information to
the extent allowable by law.

EWR General Information

    Consistent with the WSG, carriers are asked for their voluntary
cooperation to adjust schedules to meet the targeted scheduling limits
in order to minimize potential congestion and delay. For the Winter
2022/2023 season, the voluntary, targeted hourly scheduling limit
remains at 79 operations and 43 operations per half-hour.\7\ To help
with a balance between arrivals and departures, the targeted maximum
number of scheduled arrivals or departures, respectively, is 43 in an
hour and 24 in a half-hour. These targets are expected to allow some
higher levels of operations in certain periods (not to exceed the
hourly limits) and some recovery from lower demand in adjacent periods.
Consistent with general established practice at EWR, the FAA will
accept flights above the limits if the flights were operated as
approved, or treated as operated, by the same carrier on a regular
basis in the previous corresponding season (i.e., Winter 2021/2022).
---------------------------------------------------------------------------

    \7\ 83 FR 21335 (May 9, 2018).
---------------------------------------------------------------------------

    Notwithstanding the targeted limits at EWR previously described,
OST and the FAA have decided to reintroduce and reassign 16 peak
afternoon and evening runway timings, which were historically approved
for operation by Southwest Airlines, Inc. at EWR prior to the carrier's
exit from the airport in

November 2019. \8\ This proposed reassignment of schedule timings at
EWR is an independent process outside of the FAA's routine schedule
review process. Once the reassignment proceeding is complete, the FAA
will seek to work in coordination with the awarded carrier to adjust
schedules within the peak afternoon and evening period, including minor
changes between adjacent half hours, in the interest of optimizing
efficiency and accommodating the carrier's schedule plans, consistent
with the usual Level 2 process.
---------------------------------------------------------------------------

    \8\ Reassignment of Schedules at Newark-Liberty International
Airport, 86 FR 52285 (Sept. 20, 2021). See also Reassignment of
schedules at Newark-Liberty International Airport, Docket DOT-OST-
2021-0103 (Feb. 25, 2022).

    Issued in Washington, DC, on May 13, 2022.
Virginia T. Boyle,
Vice President, System Operations Services.
[FR Doc. 2022-10740 Filed 5-16-22; 11:15 am]
BILLING CODE 4910-13-P


International,     agrochemical            oil and
                                             LLC.               formulations.           diethylenetriamine,
                                                                                ethoxylated.
P-19-0158...........       2    09/16/2019  Ashland, Inc.....  (G) Adhesive..........  (G) Alkenoic acid polymer
                                                                                with 2-ethyl-2-
                                                                                (hdroxymethyl)-1,3-
                                                                                alkyldiol, 1,1'-
                                                                                methylenebis(4-
                                                                                isocyantocarbomonocycle)
                                                                                and 3-methyl-1,5-
                                                                                aklydiol.
P-19-0158A..........       3    09/25/2019  Ashland, Inc.....  (G) Adhesive..........  (G) Alkenoic acid polymer
                                                                                with 2-ethyl-2-
                                                                                (hdroxymethyl)-1,3-
                                                                                alkyldiol, 1,1'-
                                                                                methylenebis(4-
                                                                                isocyantocarbomonocycle)
                                                                                and 3-methyl-1,5-
                                                                                aklydiol.
P-19-0159...........       2    09/03/2019  CBI..............  (G) As Catalyst in      (G) Titanium (4+) hydroxy-
                                                                Industrial sector.      alkylcarboxylate salt
                                                                                complex.
P-19-0159A..........       4    09/17/2019  CBI..............  (G) As Catalyst in      (G) Titanium (4+) hydroxy-
                                                                Industrial sector.      alkylcarboxylate salt
                                                                                complex.
P-19-0160...........       1    09/06/2019  CBI..............  (S) Component of a UV   (G) Alkanesulfonic acid,
                                                                curable printing ink.   2-[(2-
                                                                                aminoethyl)heteroatom-
                                                                                substituted]-, sodium
                                                                                salt (1:1), polymer with
                                                                                alpha-[2,2-
                                                                                bis(hydroxymethyl)butyl]-
                                                                                omega-methoxypoly(oxy-
                                                                                1,2-ethanediyl) and 1,1'-
                                                                                methylenebis[4-
                                                                                isocyanatocyclohexane],
                                                                                acrylic acid-
                                                                                dipenthaerythritol
                                                                                reaction products- and
                                                                                polypropylene glycol
                                                                                ether with
                                                                                pentaerythritol (4:1)
                                                                                triacrylate-blocked.
P-19-0161...........       1    09/07/2019  CBI..............  (S) Organic amine salt  (G) Alkano1 amine salt
                                                                mixture used as a       mixture.
                                                                foaming agent in the
                                                                production of
                                                                urethanes.
P-19-0162...........       1    09/11/2019  CBI..............  (G) Component in Oil    (G) fatty acid alkyl
                                                                Production.             amide, (dialkyl) amino
                                                                                alkyl, alkyl
                                                                                quaternized, salts.
P-19-0163...........       1    09/19/2019  CBI..............  (G) Well performance    (G) halogenated sodium
                                                                tracer.                 benzoate.
P-19-0163A..........       2    09/25/2019  CBI..............  (G) Well performance    (G) halogenated sodium
                                                                tracer.                 benzoate.
P-19-0164...........       1    09/20/2019  Allnex USA, Inc..  (S) Site limited        (G) Bis-alkoxy
                                                                intermediate for        substituted alkane,
                                                                coating resin           polymer with
                                                                manufacture.            aminoalkanol.
P-19-0165...........       1    09/23/2019  Arboris, LLC.....  (G) Plasticizer in      (G) Tall oil pitch,
                                                                rubber and Coating in   fraction, sterol-low.
                                                                minerals.
P-19-0166...........       1    09/25/2019  Fujifilm           (G) Photoacid           (G) Triarylsulfonium
                                             Electronic         generator (PAG).        alkylestersulfonate,.
                                             Materials USA
                                             Inc.
P-19-0167...........       1    09/25/2019  Santolubes         (S) Synthetic engine,   (S) Poly(oxy-1,4-
                                             Manufacturing      gear and lubricating    butanediyl), alpha-hydro-
                                             LLC.               oils and greases.       omega-hydroxy-,
                                                                                hexanoate.
P-19-0168...........       2    09/26/2019  CBI..............  (G) Well performance    (G) Halogenated
                                                                tracer.                 alkylbenzoic acid.
P-19-0169...........       2    09/26/2019  CBI..............  (G) Well performance    (G) Halogenated
                                                                monitor.                alkylbenzoic acid.
P-19-0170...........       1    09/25/2019  CBI..............  (S) Coupling agent in   (G) Heteroatom-
                                                                elastomer-based         substituted alkyl
                                                                formulations that       triethoxysilane,
                                                                will be used in         reaction products with
                                                                molding operations to   methylated formaldehyde-
                                                                manufacture different   melamine polymer.
                                                                types of rubber
                                                                articles including
                                                                but not limited to
                                                                rubber tires.
P-19-0175...........       1    09/25/2019  CBI..............  (G) Well performance    (G) Halogenated
                                                                monitor.                alkylbenzoic acid.
P-19-0176...........       1    09/25/2019  CBI..............  (G) Well performance    (G) Halogenated
                                                                monitor.                alkylbenzoic acid.
P-19-0177...........       1    09/25/2019  CBI..............  (G) Well performance    (G) Halogenated
                                                                monitor.                alkylbenzoic acid.
P-19-0178...........       1    09/25/2019  CBI..............  (G) Well performance    (G) Halogenated
                                                                monitor.                alkylbenzoic acid.
P-19-0179...........       1    09/25/2019  CBI..............  (G) Well performance    (G) Halogenated
                                                                monitor.                alkylbenzoic acid.
SN-18-0009A.........       5    02/11/2019  CBI..............  (G) XX plans to         (G) Carbon char from
                                                                produce carbon char     tires.
                                                                from tires pyrolysis
                                                                using scrap tire
                                                                materials.
SN-18-0009A.........       6    02/28/2019  CBI..............  (G) XX plans to         (G) Carbon char from
                                                                produce carbon char     tires.
                                                                from tires pyrolysis
                                                                using scrap tire
                                                                materials.
SN-19-0002A.........       3    04/10/2019  CBI..............  (G) Friction and wear   (G) Potassium Titanate.
                                                                stabilizer in certain
                                                                solid composite
                                                                articles.
SN-19-0002A.........       4    04/12/2019  CBI..............  (G) Friction and wear   (G) Potassium Titanate.
                                                                stabilizer in certain
                                                                solid composite
                                                                articles.
SN-19-0004A.........       8    09/13/2019  CBI..............  (S) A lubricating       (G) pitch coke.
                                                                agent used in the
                                                                production of
                                                                automotive disc
                                                                brakes.
SN-19-0004A.........       9    09/19/2019  CBI..............  (S) A lubricating
                                                                agent used in the
                                                                production of
                                                                automotive disc
                                                                brakes.
----------------------------------------------------------------------------------------------------------------
* The term `Approved' indicates that a submission has passed a quick initial screen ensuring all required
  information and documents have been provided with the submission prior to the start of the 90-day review
  period, and in no way reflects the final status of a complete submission review.

    In Table II of this unit, EPA provides the following information
(to the extent that such information is not claimed as CBI) on the NOCs
that have passed an initial screening by EPA during this period: The
EPA case number assigned to the NOC including whether the submission
was an initial or amended submission, the date the NOC was received by
EPA, the date of commencement provided by the submitter in the NOC, a
notation of the type of amendment (e.g., amendment to generic name,
specific name, technical contact information, etc.) and chemical
substance identity.

                             Table II--NOCs Approved* From 09/01/2019 to 09/30/2019
----------------------------------------------------------------------------------------------------------------
                                                       If amendment,
      Case No.        Received date   Commencement        type of                  Chemical substance
                                          date           amendment
----------------------------------------------------------------------------------------------------------------
J-19-0019..........      09/25/2019      09/17/2019  N...............  (G) Genetically modified microorganism.

P-07-0023..........      09/04/2019      08/30/2019  N...............  (S) Propanoic acid, 3-hydroxy-2-
                                                                        (hydroxymethyl)-2-methyl-, polymer with
                                                                        2-ethyl-2-(hydroxylmethyl)-1,3-
                                                                        propanediol, hydrazine, alpha-hydro-
                                                                        omega-hydroxypoly (oxy-1,4-butanediyl)
                                                                        and 1,1'-methylenebis[4-
                                                                        isocyanatocyclohexane], caprolactam- and
                                                                        polyethylene glycol mono-me ether-
                                                                        blocked, compds, with triethylamine.
P-16-0225A.........      09/16/2019      07/07/2019  Withdrew CBI      (S) Cyclohexanol, 4-ethylidene-2-propoxy-
                                                      claim.           Cyclohexanol, 5-ethylidne-2-propoxy.
P-16-0396..........      09/03/2019      08/12/2019  N...............  (G) Alkylaminium hydroxide.
P-16-0572..........      09/26/2019      09/19/2019  N...............  (G) Polyamine polyacid adducts.
P-17-0200..........      09/26/2019      09/21/2019  N...............  (G) 1,3-bis(substitutedbenzoyl)benzene.
P-17-0204..........      09/26/2019      09/21/2019  N...............  (G) 1,4-bis(substitutedbenzoyl)benzene.
P-17-0205..........      09/26/2019      09/21/2019  N...............  (G) Bis(fluorobenzoyl)benzene.
P-17-0393..........      09/03/2019      08/30/2019  N...............  (G) Alkanediamine, dialkyl-, polymer with
                                                                        alpha-hydro-omega-[(1-oxo-2-propen-1-
                                                                        yl)oxy]poly(oxy-1,2-ethanediyl) ether
                                                                        with substituted alkyl-
                                                                        substitutedalkanediol, reaction products
                                                                        with alkyl-alkanamine.
P-18-0177..........      09/16/2019      09/03/2019  N...............  (S) Waxes and waxy substances, rice bran,
                                                                        oxidized.
P-18-0230..........      09/16/2019      09/03/2019  N...............  (S) Waxes and waxy substances, rice bran,
                                                                        oxidized, calcium salts.
P-18-0235..........      08/29/2019      08/03/2019  N...............  (G) Naphtha oils.
P-19-0047..........      09/20/2019      09/11/2019  N...............  (S) Propanoic acid, 3-hydroxy-2-
                                                                        (hydroxymethyl)-2-methyl-, polymer with
                                                                        5-amino-1,3,3-
                                                                        trimethylcyclohexanemethanamine, a-hydro-
                                                                        w-hydroxypoly(oxy-1,4-butanediyl), a-
                                                                        hydro-w-hydroxypoly[oxy(methyl-1,2-
                                                                        ethanediyl)], 5-isocyanato-1-
                                                                        (isocyanatomethyl)-1,3,3-
                                                                        trimethylcyclohexane and 1,1'-
                                                                        methylenebis[4-isocyanatobenzene], Pr
                                                                        alc.-blocked where a = alpha and w =
                                                                        omega.
P-19-0061..........      09/12/2019      09/11/2019  N...............  (S) Alkanes, C16-20-branched and linear.
P-19-0085..........      09/12/2019      09/09/2019  N...............  (S) Alkanes, C16-18-branched and linear.
----------------------------------------------------------------------------------------------------------------
* The term `Approved' indicates that a submission has passed a quick initial screen ensuring all required
  information and documents have been provided with the submission.

    In Table III of this unit, EPA provides the following information
(to the extent such information is not subject to a CBI claim) on the
test information that has been received during this time period: The
EPA case number assigned to the test information; the date the test
information was received by EPA, the type of test information
submitted, and chemical substance identity.

                       Table III--Test Information Received From 09/01/2019 to 09/30/2019
----------------------------------------------------------------------------------------------------------------
               Case No.                  Received date     Type of test information        Chemical substance
----------------------------------------------------------------------------------------------------------------
P-00-0281.............................        9/3/2019  A 48-hour static acute........  (G) Alkylaryl sulfonic
                                             9/16/2019  Toxicity test with the           acid, sodium salts.
                                             9/30/2019   cladoceran (daphnia magna),
                                                         Acute Immobilization Test
                                                         (OECD Test Guideline 202),
                                                         Fish, Acute Toxicity Test
                                                         (OECD Test Guideline 202),
                                                         Surface Tension of Aqueous
                                                         Solutions (OECD Test
                                                         Guideline 115), Analytical
                                                         Method Validation for Algae,
                                                         CMC Protocol Testing, Water
                                                         Solubility Identification,
                                                         non cbi a 96-hour toxicity
                                                         test with the freshwater alga
                                                         (raphidocelis subcapitata),
                                                         Solubility Trial Report.
P-13-0270.............................        9/5/2019  Determination of toxicity of    (G) Aromatic dibenzoate.
                                                         [claimed CBI] against
                                                         Chironomus riparius Meigen in
                                                         a sediment spiked system
                                                         (OECD 218).
P-14-0627.............................       9/23/2019  Prenatal developmental          (S) 1-Butylpyrrolidin-2-
                                                         toxicity study (OECD 414).      one.
P-16-0289.............................       9/11/2019  Particle size and               (G) Benzene dicarboxylic
                                                         concentration.                  acid, polymer with
                                                                                alkane dioic acid and
                                                                                aliphatic diamine.
P-16-0313.............................       8/29/2019  Toxicity Test on Early-life     (S) Tar acids (shale
                                                         Stages of Zebrafish Danio       oil), C6-9 fraction,
                                                         rerio (OECD 210), Daphnia       alkylphenols, low-
                                                         magna Reproduction Test (OECD   boiling.
                                                         211).
P-16-0410.............................       9/18/2019  Skin Irritation (OECD 439) and  (G) Phosphonic acid,
                                                         Skin Corrosion (OECD 431).      [(hydroxycyclosiloxaned
                                                                                iyl) alkanediyl]
                                                                                dialkyl ester, alkali
                                                                                metal salt, reaction
                                                                                products with alkali
                                                                                metal silicate.
P-16-0539.............................       9/17/2019  Ready Biodegradability (OECD    (G) Organic sulfonate
                                                         301B).                          compound.
P-16-0543.............................       9/26/2019  Exposure Monitoring Report....  (G) Halogenophosphoric
                                                                                acid metal salt.
P-17-0343.............................       9/09/2019  Combined repeated dose          (G) Heteropolycyclic-
                                                         toxicity with the               alkanol, carbomonocycle-
                                                         reproduction/development        alkanesulfonate.
                                                         toxicity screening test (OECD
                                                         422), Classification of
                                                         reproductive toxicity
                                                         [claimed CBI].

P-18-0150.............................        9/4/2019  Developmental Toxicity Study    (G) Tertiary amine,
                                                         in Rats After Inhalation.       compounds with amino
                                                                                sulfonic acid blocked
                                                                                aliphatic isocyanate
                                                                                homopolymer.
P-18-0351.............................        9/3/2019  2- week dose range finding      (G) Acrylic acid,
                                                         study by the oral route         tricyclo alkyl ester.
                                                         (Gavage) in rats, ISO MTS
                                                         cytotoxicity test, Activated
                                                         Sludge Respiration Inhibition
                                                         Test (OECD 209), In Vitro
                                                         Human Lymphocyte Micronucleus
                                                         Assay (OECD 487).
P-19-0036.............................       8/29/2019  Solubility Method,              (S) 1,4-
                                                         Environmental Controls.         Benzenedicarboxylic
                                                                                acid, 1,4-bis(2-
                                                                                phenoxyethyl) ester.
----------------------------------------------------------------------------------------------------------------

    If you are interested in information that is not included in these
tables, you may contact EPA's technical information contact or general
information contact as described under FOR FURTHER INFORMATION CONTACT
to access additional non-CBI information that may be available.

    Authority:  15 U.S.C. 2601 et seq.

    Dated: December 10, 2019.
Pamela Myrick,
Director, Information Management Division, Office of Pollution
Prevention and Toxics.
[FR Doc. 2019-28338 Filed 12-31-19; 8:45 am]
 BILLING CODE 6560-50-P