[Federal Register Volume 85, Number 183 (Monday, September 21, 2020)]
[Rules and Regulations]
[Pages 59175-59178]
[FR Doc No: 2020-20680]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0787; Project Identifier MCAI-2020-01090-T;
Amendment 39-21231; AD 2020-18-10]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A319-151N and -153N; A320-251N, -252N, and -253N; and
A321-251N, -252N, -253N, -251NX, -252NX, and -253NX airplanes. This AD
was prompted by a report indicating that Kathon FP 1.5 biocide added to
fuel and running through an airplane's engines can lead to engine
performance degradation. This AD requires removing Kathon FP 1.5
biocide from the fuel tanks and engines and prohibits operation of an
airplane with Kathon FP 1.5 biocide in a fuel tank or engine, as
specified in a European Union Aviation Safety Agency (EASA) AD 2020-
0176, which is incorporated by reference. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD becomes effective October 6, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 6,
2020.
    The FAA must receive comments on this AD by November 5, 2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49
221 8999 000; email<EMAIL_ADDRESS>internet www.easa.europa.eu.
You may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this IBR material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2020-0787.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0787; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0176, dated August 5, 2020
(also referred to as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for all
Airbus SAS Model A319-151N and -153N; A320-251N, -252N, and -253N; and
A321-251N, -252N, -253N, -251NX, -252NX, and -253NX airplanes.
    This AD was prompted by a report indicating that Kathon FP 1.5
biocide added to fuel and running through an airplane's engines can
lead to engine performance degradation. The FAA is issuing this AD to
address airplanes operated with fuel mixed with Kathon FP 1.5 biocide,
which could result in reduced engine performance, resulting in reduced
controllability of the airplane. See the MCAI for additional background
information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0176 describes procedures for removing Kathon FP 1.5
biocide from the fuel tanks and engines. This material is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this AD because the FAA evaluated
all pertinent information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD
2020-0176 described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-0176
is incorporated by reference in this final rule. This AD, therefore,
requires compliance with EASA AD 2020-0176 in its entirety, through
that incorporation, except for any differences identified as exceptions
in the regulatory text of this AD. Using common terms that are the same
as the heading of a particular section in the EASA AD does not mean
that operators need comply only with that section. For example, where
the AD requirement refers to ``all required actions and compliance
times,'' compliance with this AD requirement is not limited to the
section titled ``Required Action(s) and Compliance Time(s)'' in the
EASA AD. Service information specified in EASA AD 2020-0176 that is
required for compliance with EASA AD 2020-0176 is available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-0787.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because airplanes operated with fuel mixed with Kathon FP 1.5 biocide
could experience reduced engine performance, resulting in reduced
controllability of the airplane. In addition, the compliance time for
the required action is shorter than the time necessary for the public
to comment and for publication of the final rule. Accordingly, notice
and opportunity for prior public comment are impracticable and contrary
to the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and the FAA did not precede it by notice and opportunity for
public comment. The FAA invites you to send any written relevant data,
views, or arguments about this AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2020-0787;
Project Identifier MCAI-2020-01090-T'' at the beginning of your
comments. The most helpful comments reference a specific portion of the
proposal, explain the reason for any recommended change, and include
supporting data. Except for Confidential Business Information (CBI) as
described in the following paragraph, and other information as
described in 14 CFR 11.35, the FAA will consider all comments received
by the closing date and may amend this AD based on those comments.
    The FAA will post all comments the FAA receives, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact the FAA receives about this AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to the
person identified in the FOR FURTHER INFORMATION CONTACT section. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Regulatory Flexibility Act (RFA)

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

Costs of Compliance

    The FAA estimates that this AD affects 163 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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               Labor cost                   Parts cost         Cost per product         Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Up to 24 work-hours x $85 per hour = Up              $30  Up to $2,070..............  Up to $337,410.
 to $2,040.
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Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2020-18-10 Airbus SAS: Amendment 39-21231; Docket No. FAA-2020-0787;
Project Identifier MCAI-2020-01090-T.

(a) Effective Date

    This AD becomes effective October 6, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all of the Airbus SAS airplanes, certificated
in any category, specified in paragraphs (c)(1) through (3) of this
AD.
    (1) Model A319-151N and -153N airplanes.
    (2) Model A320-251N, -252N, and -253N airplanes.
    (3) Model A321-251N, -252N, -253N, -251NX, -252NX, and -253NX
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by a report indicating that Kathon FP 1.5
biocide added to fuel and running through an airplane's engines can
lead to engine performance degradation. The FAA is issuing this AD
to address airplanes operated with fuel mixed with Kathon FP 1.5
biocide, which could result in reduced engine performance, resulting
in reduced controllability of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0176, dated August 5, 2020 (``EASA AD 2020-0176'').

(h) Exceptions to EASA AD 2020-0176

    (1) Where EASA AD 2020-0176 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0176 does not apply
to this AD.

(i) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and
21.199, are not allowed until the applicable actions required by
paragraph (g) of this AD have been accomplished.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the Large Aircraft Section, International Validation
Branch, send it to the attention of the person identified in
paragraph (k) of this AD. Information may be emailed to<EMAIL_ADDRESS>Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2020-0176 that contains RC procedures and
tests: Except as required by paragraph (j)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(k) Related Information

    For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0176,
dated August 5, 2020.
    (ii) [Reserved]
    (3) For information about EASA AD 2020-0176, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email<EMAIL_ADDRESS>Internet www.easa.europa.eu. You
may find this EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>. This material may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2020-0787.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 25, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-20680 Filed 9-18-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 184 (Thursday, September 22, 2016)]
[Notices]
[Page 65351]
[FR Doc No: 2016-22853]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP16-1237-000.
    Applicants: Golden Triangle Storage, Inc.
    Description: Sec.  4(d) Rate Filing: Revisions to GTS Contact
Information in FERC Gas Tariff to be effective 9/20/2016.
    Filed Date: 9/14/16.
    Accession Number: 20160914-5055.
    Comments Due: 5 p.m. ET 9/26/16.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP15-673-002.
    Applicants: Equitrans, L.P.
    Description: Compliance filing FLPS First Year of Service--
Compliance Filing.
    Filed Date: 9/15/16.
    Accession Number: 20160915-5085.
    Comments Due: 5 p.m. ET 9/27/16.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 15, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-22853 Filed 9-21-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 246 (Tuesday, December 28, 2021)]
[Proposed Rules]
[Pages 73699-73702]
[FR Doc No: 2021-27840]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0959; Project Identifier AD-2021-00830-E]
RIN 2120-AA64

Airworthiness Directives; Pratt & Whitney Division Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2019-03-01 and AD 2021-05-51, which apply to certain Pratt & Whitney
Division (PW) PW4074, PW4074D, PW4077, PW4077D, PW4084D, PW4090, and
PW4090-3 model turbofan engines. AD 2019-03-01 requires performing
initial and repetitive thermal acoustic image (TAI) inspections for
cracks in certain 1st-stage low-pressure compressor (LPC) blades and
removal of those blades that fail inspection. AD 2021-05-51 requires
performing a one-time TAI inspection for cracks in certain 1st-stage
LPC blades and removal of those blades that fail inspection. Since the
FAA issued AD 2019-03-01 and AD 2021-05-51, the manufacturer determined
the need to add initial and repetitive ultrasonic testing (UT)
inspections of the 1st-stage LPC blades. This proposed AD would require
initial and repetitive UT inspections and TAI inspections for cracks in
certain 1st-stage LPC blades and removal of those blades that fail
inspection. The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by January 27,
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Pratt &
Whitney Division, 400 Main Street, East Hartford, CT 06118; phone:
(860) 565-0140; email: [email protected]; website: https://connect.prattwhitney.com. You may view this service information at the
FAA, Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0959; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Carol Nguyen, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0959; Project Identifier
AD-2021-00830-E'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    The FAA has been informed that PW has done some outreach with
affected operators regarding the proposed corrective actions for this
unsafe condition. As a result, affected operators are already aware of
the proposed corrective actions and, in some cases, have already begun
implementation of the updated inspections on the 1st-stage LPC blades
proposed by this AD. Therefore, the FAA has determined that a 30-day
comment period is appropriate.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact we receive about this proposed AD.

Confidential Business Information

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

Background

    The FAA issued AD 2019-03-01, Amendment 39-19553 (84 FR 4320,
February 15, 2019) (AD 2019-03-01), and AD 2021-05-51, Amendment 39-
21470 (86 FR 13445, March 9, 2021) (AD 2021-05-51) for certain PW
PW4074, PW4074D, PW4077, PW4077D, PW4084D, PW4090, and PW4090-3 model
turbofan engines. AD 2019-03-01 and AD 2021-05-51 were prompted by
three in-flight failures of a 1st-stage LPC blade, with one failure
resulting in an engine fire during flight. AD 2019-03-01 and AD 2021-
05-51 require performing a TAI inspection for cracks in certain 1st-
stage LPC blades and removal of those blades that fail inspection. The
agency issued AD 2019-03-01 and AD 2021-05-51 to prevent failure of the
1st-stage LPC blades.

Actions Since AD 2019-03-01 and AD 2021-05-51 Was Issued

    Since the FAA issued AD 2019-03-01 and AD 2021-05-51, the
manufacturer developed an improved UT inspection for the three critical
locations on the 1st-stage LPC blade, two at the mid span region of the
blade and one at the flow path region of the blade. The manufacturer
published Pratt & Whitney Alert Service Bulletin (ASB) PW4G-112-A72-
361, dated October 15, 2021, which provides instructions for performing
both the improved UT inspection and the TAI inspection. The
manufacturer also determined that it was necessary to adjust the
initial TAI inspection threshold and lower the repetitive TAI
inspection interval on the 1st-stage LPC blades to address the unsafe
condition.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Pratt & Whitney ASB PW4G-112-A72-361, dated
October 15, 2021. This ASB specifies procedures for performing the TAI
and UT inspections of 1st-stage LPC blades. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
ADDRESSES.

Other Related Service Information

    The FAA reviewed ``Engine-Driven Pump (EDP) Shutoff Valve Check''
(Subtasks 26-21-00-200-018, 26-21-00-200-019, and 26-21-00-840-022) of
Boeing 777-200/300 Aircraft Maintenance Manual, dated September 5,
2021. The service information specifies procedures for performing the
engine-driven pump shutoff valve functional check.

Proposed AD Requirements in This NPRM

    This proposed AD would retain none of the requirements of AD 2019-
03-01 and AD 2021-05-51. This proposed AD would require initial and
repetitive UT inspections and TAI inspections for cracks in certain
1st-stage LPC blades and removal of those blades that fail inspection.

Interim Action

    The FAA considers this AD to be an interim action. The FAA
anticipates that further AD action will follow.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 108 engines installed on airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Perform UT flow path inspection of 1st- 15 work-hours x $85 per               $0          $1,275        $137,700
 stage LPC blades.                       hour = $1,275.
Perform UT mid span inspection of 1st-  30 work-hours x $85 per                0           2,550         275,400
 stage LPC blades.                       hour = $2,550.
Perform TAI inspection of 1st-stage     22 work-hours x $85 per                0           1,870         201,960
 LPC blades.                             hour = $1,870.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
replacement that would be required based on the results of the proposed
inspection. The agency has no way of determining the number of aircraft
that might need this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace 1st-stage LPC blade...................  0 work-hours x $85 per hour = $0        $125,000        $125,000
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2019-03-01, Amendment 39-19553
(84 FR 4320, February 15, 2019), and AD 2021-05-51, Amendment 39-21470
(86 FR 13445, March 9, 2021); and
0
b. Adding the following new airworthiness directive:

Pratt & Whitney Division: Docket No. FAA-2021-0959; Project
Identifier AD-2021-00830-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) action by January 27, 2022.

(b) Affected ADs

    This AD replaces AD 2019-03-01, Amendment 39-19553 (84 FR 4320,
February 15, 2019), and AD 2021-05-51, Amendment 39-21470 (86 FR
13445, March 9, 2021).

(c) Applicability

    This AD applies to Pratt & Whitney Division (PW) PW4074,
PW4074D, PW4077, PW4077D, PW4084D, PW4090, and PW4090-3 model
turbofan engines, with a 1st-stage low-pressure compressor (LPC)
blade, with part number 52A241, 55A801, 55A801-001, 55A901, 55A901-
001, 56A201, 56A201-001, or 56A221, installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7230, Turbine Engine
Compressor Section.

(e) Unsafe Condition

    This AD was prompted by three in-flight failures of a 1st-stage
LPC blade, with one failure resulting in an engine fire during
flight, and subsequent manufacturer publication of service
information specifying improved inspections for three critical
locations on the 1st-stage LPC blade. The FAA is issuing this AD to
prevent failure of the 1st-stage LPC blades. The unsafe condition,
if not addressed, could result in 1st-stage LPC blade release,
damage to the engine, and damage to the airplane.

(f) Compliance

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

(g) Required Actions

(1) Initial 1st-Stage LPC Blade Inspections

    (i) For 1st-stage LPC blades that have accumulated any number of
cycles since new (CSN) greater than zero, before further flight
after the effective date of this AD, perform a flow path and a mid
span ultrasonic testing (UT) inspection of the 1st-stage LPC blades
in accordance with the Accomplishment Instructions, Part A--Initial
Inspection of All LPC Fan Blades Prior to Their Return to Service,
paragraph 1.A. through C., of Pratt & Whitney Alert Service Bulletin
(ASB) PW4G-112-A72-361, dated October 15, 2021 (PW4G-112-A72-361).
    Note 1 to paragraph (g)(1)(i): New fan blades that have zero CSN
do not need to undergo the initial 1st-stage LPC blade flow path and
mid span UT inspection required by paragraph (g)(1)(i) of this AD,
but must undergo the repetitive inspections of paragraph (g)(2) of
this AD.
    (ii) Within the following compliance times after the effective
date of this AD, perform a thermal acoustic image (TAI) inspection
of the 1st-stage LPC blades for cracks using a method approved by
the FAA:
    (A) For 1st-stage LPC blades with 1,000 CSN or more, with no
prior TAI inspection, inspect before further flight.
    (B) For 1st-stage LPC blades with 1,000 flight cycles (FCs) or
more since the last TAI inspection, inspect before further flight.
    (C) For 1st-stage LPC blades with fewer than 1,000 CSN, with no
prior TAI inspection, inspect before accumulating 1,000 CSN.
    (D) For 1st-stage LPC blades with fewer than 1,000 FCs since the
last TAI inspection, inspect before accumulating 1,000 FCs since the
last TAI inspection.
    Note 2 to paragraph (g)(1)(ii): Vendors that can perform an FAA-
approved TAI inspection are listed in the Vendor Services section of
PW4G-112-A72-361.

(2) Repetitive 1st-Stage LPC Blade Inspections

    (i) Before exceeding 275 FCs since the last flow path UT
inspection, and thereafter at intervals not exceeding 275 FCs since
the last flow path UT inspection, perform a flow path UT inspection
of the 1st-stage LPC blades in accordance with the Accomplishment
Instructions, Part B--Repetitive Inspection of All LPC Fan Blades
After Their Return to Service, paragraph 1.A., of PW4G-112-A72-361.
    (ii) Before exceeding 550 FCs since the last mid span UT
inspection, and thereafter at intervals not exceeding 550 FCs since
the last mid span UT inspection, perform a mid span UT inspection of
the 1st-stage LPC blades in accordance with the Accomplishment
Instructions, Part B--Repetitive Inspection of All LPC Fan Blades
After Their Return to Service, paragraphs 1.B. and C., of PW4G-112-
A72-361.
    (iii) Before exceeding 1,000 FCs since the last TAI inspection,
and thereafter at intervals not exceeding 1,000 FCs since the last
TAI inspection, perform repetitive TAI inspections of the 1st-stage
LPC blades using a method approved by the FAA.

(3) Removal of the 1st-Stage LPC Blade

    (i) If any 1st-stage LPC blade fails any inspection required by
paragraphs (g)(1) or (2) of this AD, before further flight, remove
the 1st-stage LPC blade from service and replace with a part
eligible for installation.
    (ii) [Reserved]

(h) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and
21.199, are not permitted except for airplanes on which the actions
specified in paragraphs (h)(1) and (2) of this AD have been done.
    (1) A flow path UT inspection of the 1st-stage LPC blades for
cracking has been done as specified in the Accomplishment
Instructions, Part A--Initial Inspection of All LPC Fan Blades Prior
to their Return to Service, paragraph 1.A., of PW4G-112-A72-361, and
the 1st-stage LPC blades have been found serviceable.
    (2) A functional check of the left and right hydraulic pump
shutoff valves to ensure they close in response to the fire handle
input and all applicable corrective actions (i.e., repair) within 10
days prior to flight.
    Note 3 to paragraph (h)(2): Guidance for accomplishing the
actions required by paragraph (h)(2) of this AD can be found in the
``Engine-Driven Pump (EDP) Shutoff Valve Check'' (Subtasks 26-21-00-
200-018, 26-21-00-200-019, and 26-21-00-840-022) of Boeing 777-200/
300 Aircraft Maintenance Manual.

(i) Credit for Previous Actions

    This paragraph provides credit for the actions specified in
paragraphs (g)(1) and (h)(1) of this AD, if those actions were
performed before the effective date of this AD using the service
information specified in paragraphs (i)(1), (2), or (3) of this AD.
    (1) Paragraph 2. of the Accomplishment Instructions of Pratt &
Whitney Special Instruction No. 85F21, dated May 12, 2021, for a
flow path UT inspection.
    (2) Paragraph 1.a) through c) of the Accomplishment Instructions
of Pratt & Whitney Special Instruction No. 130F-21, dated July 1,
2021, for a flow path and a mid span UT inspection.
    (3) Paragraph 2.a) through c) of the Accomplishment Instructions
of Pratt & Whitney Special Instruction No. 130F-21, Revision A,
dated July 28, 2021, for a flow path and a mid span UT inspection.

(j) Alternative Methods of Compliance (AMOCs)

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

(k) Related Information

    (1) For more information about this AD, contact Carol Nguyen,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email: [email protected].
    (2) For service information identified in this AD, contact Pratt
& Whitney Division, 400 Main Street, East Hartford, CT 06118; phone:
(860) 565-0140; email: [email protected]; website: https://connect.prattwhitney.com. You may view this referenced service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 1200 District Avenue, Burlington, MA 01803. For
information on the availability of this material at the FAA, call
(781) 238-7759.

    Issued on December 14, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-27840 Filed 12-22-21; 11:15 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 208 (Friday, October 26, 2018)]
[Rules and Regulations]
[Pages 54053-54054]
[FR Doc No: 2018-23470]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0221, FRL-9985-84-Region 9]

Approval and Promulgation of Air Quality Implementation Plans;
Nevada; Rescission of Regional Haze Federal Implementation Plan for the
Reid Gardner Generating Station

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving the
Nevada Division of Environmental Protection's (NDEP) request to rescind
a Regional Haze Federal Implementation Plan (RH FIP) that regulates air
pollutant emissions from Reid Gardner Generating Station (RGGS) Units
1, 2, and 3. The EPA is approving NDEP's request because RGGS Units 1-3
have been permanently decommissioned and are being dismantled and
demolished.

DATES: This rule is effective November 26, 2018.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2018-0221. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Krishna Viswanathan, EPA, Region IX,
Air Division, Air Planning Office,<PHONE_NUMBER> or
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.

Table of Contents

I. Proposed Action and Public Comment Period
II. Final Action
III. Statutory and Executive Order Reviews

I. Proposed Action and Public Comment Period

    On May 31, 2018, the EPA proposed to rescind the RH FIP for RGGS
Units 1-3 because RGGS Units 1-3 have been permanently decommissioned
and are being dismantled and demolished, as demonstrated by the
supporting documentation provided by NDEP.\1\ The EPA's proposed action
provided a 45-day public comment period. The EPA did not receive any
timely or germane comments on the proposal to rescind the RGGS RH FIP.
---------------------------------------------------------------------------

    \1\ For details on the EPA's RH FIP and additional background,
see proposal at 83 FR 24952 (May 31, 2018).
---------------------------------------------------------------------------

II. Final Action

    For the reasons explained in our proposal, we are approving the
NDEP's request to rescind the RH FIP for RGGS Units 1-3.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action
because this action removes existing Federal Implementation Plan and
associated requirements covering a single electric power generating
station and therefore is a rule of particular applicability. Rules of
particular applicability are exempted under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. As detailed
in the proposal to this action, small entities are not subject to the
requirements of this rule. \2\
---------------------------------------------------------------------------

    \2\ For details on the EPA's RH FIP and additional background,
see proposal at 83 FR 24952 (May 31, 2018).
---------------------------------------------------------------------------

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local or tribal governments or the
private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects 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.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175. It will not have substantial direct effects on
any Indian tribes, on the relationship between the federal government
and Indian tribes, or on the distribution of power and responsibilities
between the federal government and Indian tribes. Thus, Executive Order
13175 does not apply to this action.

H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern health or safety risks that the EPA has
reason to believe may disproportionately affect children, per the
definition of ``covered regulatory action'' in section 2-202 of the
Executive Order. This action is not subject to Executive Order 13045
because it merely rescinds a Federal Implementation Plan (FIP) covering
a generating station that has been permanently decommissioned and is
being dismantled and demolished.

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards. The EPA is
not revising any technical standards or imposing any new technical
standards in this action.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994),
because it does not affect the level of protection to human health or
the environment. This rule will not cause any emissions increases
because this rule merely rescinds a FIP covering a generating station
that has been permanently decommissioned and is being dismantled and
demolished.

L. Determination Under Section 307(d)

    Pursuant to CAA section 307(d)(1)(B), the EPA has determined that
this action is subject to the provisions of section 307(d). Section
307(d) establishes procedural requirements specific to certain
rulemaking actions under the CAA. Pursuant to CAA section 307(d)(1)(B),
the rescission of the RGGS RH FIP is subject to the requirements of CAA
section 307(d), as it constitutes a revision to a FIP under CAA section
110(c). Furthermore, CAA section 307(d)(1)(V) provides that the
provisions of section 307(d) apply to ``such other actions as the
Administrator may determine.'' The EPA determines that the provisions
of 307(d) apply to the EPA's action on the RGGS RH FIP rescission.

M. Congressional Review Act (CRA)

    This rule is exempt from the CRA because it is a rule of particular
applicability. The EPA is not required to submit a rule report
regarding this action under section 801 because this is a rule of
particular applicability that only applies to a single facility.

N. Petitions for Judicial Review

    Under CAA section 307(b)(1), petitions for judicial review of this
action must be filed in the United States Court of Appeals for the
appropriate circuit by December 26, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide,
Incorporation by reference.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: October 19, 2018.
Andrew R. Wheeler,
Acting Administrator.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

     Authority: 42 U.S.C. 7401 et seq.

Subpart DD--Nevada

0
2. Section 52.1488 is amended by removing and reserving paragraph (f).

[FR Doc. 2018-23470 Filed 10-25-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 71 (Wednesday, April 13, 2022)]
[Notices]
[Pages 22004-22008]
[FR Doc No: 2022-07842]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94636; File No. SR-PEARL-2022-13]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change by MIAX PEARL,
LLC To Amend Exchange Rule 2622 To Adopt on a Permanent Basis the Pilot
Program Related to the Market-Wide Circuit Breaker

April 7, 2022.
    Pursuant to the provisions of 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 April 6, 2022 MIAX PEARL, LLC (``MIAX Pearl''
or the ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to adopt on a permanent basis the pilot
related to the Market-Wide Circuit Breaker mechanism in Rule 2622.
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/pearl at MIAX
PEARL's principal office, and at the Commission's Public Reference
Room.

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

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

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

1. Purpose
    The Exchange proposes to adopt on a permanent basis the pilot
related to the Market-Wide Circuit Breaker (``MWCB'') mechanism in Rule
2622.
    On March 16, 2022, the Commission approved the proposal of the New
York Stock Exchange LLC (``NYSE'') to adopt on a permanent basis the
pilot program for MWCB mechanism in NYSE Rule 7.12.\3\ The Exchange now
proposes to adopt the same change to make permanent the MWCB pilot
program in Rule 2622.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 94441 (March 16,
2022), 87 FR 16286 (March 22, 2022) (SR-NYSE-2021-40).
---------------------------------------------------------------------------

The Pilot Rules
    The MWCB rules, including the Exchange's Rule 2622, provide an
important, automatic mechanism that is invoked to promote stability and
investor confidence during periods of significant stress when cash
equities securities experience extreme market-wide declines. The MWCB
rules are designed to slow the effects of extreme price declines
through coordinated trading halts across both cash equity and equity
options securities markets.
    The cash equities rules governing MWCBs were first adopted in 1988.
In 2012, all U.S. cash equity exchanges and FINRA amended their cash
equities uniform rules on a pilot basis \4\ and, in 2020, the Exchange
adopted the cash equities uniform rule under Exchange Rule 2622(a)-(d)
to also operate on a pilot basis \5\ (the ``Pilot Rules''). The Pilot
Rules currently provide for trading halts in all cash equity securities
during a severe market decline as measured by a single-day decline in
the S&P 500 Index (``SPX'').\6\ Under the Pilot Rules, a market-wide
trading halt will be triggered if SPX declines in price by specified
percentages from the prior day's closing price of that index. The
triggers are set at three circuit breaker thresholds: 7% (Level 1), 13%
(Level 2), and 20% (Level 3). A market decline that triggers a Level 1
or Level 2 halt after 9:30 a.m. and before 3:25 p.m. would halt market-
wide trading for 15 minutes, while a similar market decline at or after
3:25 p.m. would not halt market-wide trading. (Level 1 and Level 2
halts may occur only once a day.) A market decline that triggers a
Level 3 halt at any time during the trading day would halt market-wide
trading for the remainder of the trading day.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 67090 (May 31,
2012), 77 FR 33531 (June 6, 2012) (SR-BATS-2011-038; SR-BYX-2011-
025; SR-BX-2011-068; SR-CBOE-2011-087; SR-C2-2011-024; SR-CHX-2011-
30; SR-EDGA-2011-31; SR-EDGX-2011-30; SR-FINRA-2011-054; SR-ISE-
2011-61; SR-NASDAQ-2011-131; SR-NSX-2011-11; SR-NYSE-2011-48; SR-
NYSEAmex-2011-73; SR-NYSEArca-2011-68; SR-Phlx-2011-129) (``Pilot
Rules Approval Order''). See also Securities Exchange Act Release
No. 89563 (August 14, 2020), 85 FR 51510 (August 20, 2020) (SR-
PEARL-2020-03) (``Equities Approval Order'') (approving, among other
things, Exchange Rule 2622).
    \5\ See Equities Approval Order, id.
    \6\ The rules of the equity options exchanges similarly provide
for a halt in trading if the cash equity exchanges invoke a MWCB
Halt. See, e.g., Exchange Rule 504(a) and NYSE Arca Rule 6.65-
O(d)(4).
---------------------------------------------------------------------------

    Exchange Rule 2622 was approved by the Commission to operate on a
pilot basis set to expire on at the close of business on October 18,
2020.\7\ The Exchange subsequently amended Rule 2622 to extend the
Pilot Rules' effectiveness to the close of business on October 18,
2021,\8\ March 18, 2022 \9\ and April 18, 2022.\10\
---------------------------------------------------------------------------

    \7\ See Equities Approval Order, supra note 4.
    \8\ See Securities Exchange Act Release No. 90124 (October 8,
2020), 85 FR 65105 (October 14, 2020) (SR-PEARL-2020-20).
    \9\ See Securities Exchange Act Release No. 93331 (October 14,
2021), 86 FR 58130 (October 20, 2021) (SR-PEARL-2021-50).
    \10\ See Securities Exchange Act Release No. 94452 (March 17,
2022), 87 FR 16509 (March 23, 2022) (SR-PEARL-2022-08).
---------------------------------------------------------------------------

The MWCB Working Group Study
    Beginning in February 2020, at the outset of the COVID-19 pandemic,
the markets experienced increased volatility, culminating in four MWCB
Level 1 halts on March 9, 12, 16, and 18, 2020. In each instance,
pursuant to the Pilot Rules, the markets halted as intended upon a 7%
drop in SPX and did not start the process to resume trading until the
prescribed 15-minute halt period ended.
    On September 17, 2020, the Director of the Commission's Division of
Trading and Markets asked the SROs to conduct a study of the design and
operation of the Pilot Rules and the LULD Plan during the period of
volatility in March 2020. In response to the request, the SROs created
a MWCB ``Working Group'' composed of SRO representatives and industry
advisers that included members of the advisory committees to both the
LULD Plan and the NMS Plans governing the collection, consolidation,
and dissemination of last-sale transaction reports and quotations in
NMS Stocks. The Working Group met regularly from September 2020 through
March 2021 to consider the Commission's request, review data, and
compile its study.
    On March 31, 2021, the MWCB Working Group submitted its study (the
``Study'') to the Commission.\11\ The Study included an evaluation of
the operation of the Pilot Rules during the March 2020 events and an
evaluation of the design of the current MWCB system. In the Study, the
Working Group concluded: (1) The MWCB mechanism set out in the Pilot
Rules worked as intended during the March 2020 events; (2) the MWCB
halts triggered in March 2020 appear to have had the intended effect of
calming volatility in the market, without causing harm; (3) the design
of the MWCB mechanism with respect to reference value (SPX), trigger
levels (7%/13%/20%), and halt times (15 minutes) is appropriate; (4)
the change implemented in Amendment 10 to the LULD Plan did not likely
have any negative impact on MWCB functionality; and (5) no changes
should be made to the mechanism to prevent the market from halting
shortly after the opening of regular trading hours at 9:30 a.m.
---------------------------------------------------------------------------

    \11\ See Report of the Market-Wide Circuit Breaker (``MWCB'')
Working Group Regarding the March 2020 MWCB Events, submitted March
31, 2021 (the ``Study''), available at https://www.nyse.com/publicdocs/nyse/markets/nyse/Report_of_the_Market-Wide_Circuit_Breaker_Working_Group.pdf.
---------------------------------------------------------------------------

    In light of those conclusions, the MWCB Working Group also made
several recommendations, including that (1) the Pilot Rules should be
made permanent without any changes, and (2) SROs should adopt a rule
requiring all designated Regulation SCI firms to participate in at
least one Level 1/Level 2 MWCB test each year and to verify their
participation via attestation.\12\
---------------------------------------------------------------------------

    \12\ See id. at 46.
---------------------------------------------------------------------------

Proposal To Make the Pilot Rules Permanent
    On July 16, 2021, the NYSE proposed a rule change to make the Pilot
Rules permanent, consistent with the Working Group's
recommendations.\13\ On March 16, 2022, the Commission approved NYSE's
proposal.\14\
---------------------------------------------------------------------------

    \13\ See Securities Exchange Act Release No. 92428 (July 16,
2021), 86 FR 38776 (July 22, 2021) (SR-NYSE-2021-40).
    \14\ See supra note 3.
---------------------------------------------------------------------------

    Consistent with the Commission's approval of NYSE's proposal, the
Exchange now proposes that the Pilot Rules (i.e., paragraphs (a)-(d) of
Rule 2622) be made permanent. To accomplish this, the Exchange proposes
to remove the preamble to Rule 2622, which currently provides that the
rule is in effect during a pilot period that expires at the close of
business on April 18, 2022. The Exchange does not propose any changes
to paragraphs (a)-(d) of the Rule.
    Consistent with the Commission's approval of NYSE's proposal, the

Exchange proposes to add new paragraphs (e), (f), and (g) to Rule 2622,
as follows:
    (e) Market-Wide Circuit Breaker (``MWCB'') Testing.
    (1) The Exchange will participate in all industry-wide tests of the
MWCB mechanism. Equity Members designated pursuant to Chapter III of
these Rules \15\ to participate in Exchange Back-up Systems and
Mandatory Testing are required to participate in at least one industry-
wide MWCB test each year and to verify their participation in that test
by attesting that they are able to or have attempted to:
---------------------------------------------------------------------------

    \15\ The Exchange notes that Chapter III incorporates by
reference Chapter III of the rules of the Exchange's affiliate,
Miami International Securities Exchange LLC (``MIAX''), including
paragraph (b) and Interpretations and Policies .01 of MIAX Rule 321
providing the business continuity and disaster recovery plans
testing requirements for designated members.
---------------------------------------------------------------------------

    (A) Receive and process MWCB halt messages from the securities
information processors (``SIPs'');
    (B) receive and process resume messages from the SIPs following a
MWCB halt;
    (C) receive and process market data from the SIPs relevant to MWCB
halts; and
    (D) send orders following a Level 1 or Level 2 MWCB halt in a
manner consistent with their usual trading behavior.
    (2) To the extent that an Equity Member participating in a MWCB
test is unable to receive and process any of the messages identified in
paragraph (e)(1)(A)-(D) of this Rule, its attestation should notify the
Exchange which messages it was unable to process and, if known, why.
    (3) Equity Members not designated pursuant to standards established
in Chapter III of these Rules are permitted to participate in any MWCB
test.
    (f) In the event that a halt is triggered under this Rule following
a Level 1, Level 2, or Level 3 Market Decline, the Exchange, together
with other SROs and industry representatives (the ``MWCB Working
Group''), will review such event. The MWCB Working Group will prepare a
report that documents its analysis and recommendations and will provide
that report to the Commission within 6 months of the event.
    (g) In the event that there is (1) a Market Decline of more than
5%, or (2) an SRO implements a rule that changes its reopening process
following a MWCB Halt, the Exchange, together with the MWCB Working
Group, will review such event and consider whether any modifications
should be made to this Rule. If the MWCB Working Group recommends that
a modification should be made to this Rule, the MWCB Working Group will
prepare a report that documents its analysis and recommendations and
provide that report to the Commission.
* * * * *
    To accommodate the addition of new paragraphs (e), (f), and (g),
the Exchange proposes to renumber existing paragraphs (e), (f), and (g)
as (h), (i), and (j). The Exchange does not proposes any other changes
to these paragraphs. The Exchange also proposes to update cross-
references to current Exchange Rule 2622(e) to its renumbered Exchange
Rule 2622(h) in Exchange Rules 2614 (a)(1)(H), 2614 (c)(2)(B), 2617
(a)(3), 2617 (b)(3), 2617 (b)(4)(B)(ii), and 2617 (b)(4)(B)(iii).
2. Statutory Basis
    The Exchange believes that the proposal to make the Pilot Rules
permanent 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.
---------------------------------------------------------------------------

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

    The Pilot Rules set out in Rule 2622(a)-(d) are an important,
automatic mechanism that is invoked to promote stability and investor
confidence during periods of significant market stress when securities
markets experience broad-based declines. The four MWCB halts that
occurred in March 2020 provided the Exchange, the other SROs, and
market participants with real-world experience as to how the Pilot
Rules actually function in practice. Based on the Working Group's Study
and the Exchange's own analysis of those events, the Exchange believes
that making the Pilot Rules permanent would benefit market
participants, promote just and equitable principles of trade, remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and protect investors and the public
interest.
    Specifically, the Exchange believes that making the Pilot Rules
permanent would benefit market participants, promote just and equitable
principles of trade, remove impediments to and perfect the mechanism of
a free and open market and a national market system, and protect
investors and the public interest, because the Pilot Rules worked as
intended during the March 2020 events. As detailed above, the markets
were in communication before, during, and after each of the MWCB Halts
that occurred in March 2020. All 9,000+ equity symbols were
successfully halted in a timely manner when SPX declined 7% from the
previous day's closing value, as designed. The Exchange believes that
market participants would benefit from having the Pilot Rules made
permanent because such market participants are familiar with the design
and operation of the MWCB mechanism set out in the Pilot Rules, and
know from experience that it has functioned as intended on multiple
occasions under real-life stress conditions. Accordingly, the Exchange
believes that making the Pilot Rules permanent would enhance investor
confidence in the ability of the markets to successfully halt as
intended when under extreme stress.
    The Exchange further believes that making the Pilot Rules permanent
would benefit market participants, promote just and equitable
principles of trade, remove impediments to and perfect the mechanism of
a free and open market and a national market system, and protect
investors and the public interest, because the halts that were
triggered pursuant to the Pilot Rules in March 2020 appear to have had
the intended effect of calming volatility in the market without causing
harm. As detailed above, after studying a variety of metrics concerning
opening and reopening auctions, quote volatility, and other factors,
the Exchange concluded that there was no significant difference in the
percentage of securities that opened on a trade versus on a quote for
the four days in March 2020 with MWCB Halts, versus the other periods
studied. In addition, while the post-MWCB Halt reopening auctions were
smaller than typical opening auctions, the size of those post-MWCB Halt
reopening auctions plus the earlier initial opening auctions in those
symbols was on average equal to opening auctions in January 2020. The
Exchange believes this indicates that the MWCB Halts on the four March
2020 days did not cause liquidity to evaporate. Finally, the Exchange
observes that while quote volatility was generally higher on the four
days in March 2020 with MWCB Halts as compared to the other periods
studied, quote volatility stabilized following the MWCB Halts at levels
similar to the January 2020 levels, and LULD Trading Pauses worked as
designed to address any additional volatility later in the day. From
this evidence, the Exchange

concludes that the Pilot Rules actually calmed volatility on the four
MWCB Halt days in March 2020, without causing liquidity to evaporate or
otherwise harming the market. As such, the Exchange believes that
making the Pilot Rules permanent would remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and protect investors and the public interest.
    The Exchange believes that that making the Pilot Rules permanent
without any changes would benefit market participants, promote just and
equitable principles of trade, remove impediments to and perfect the
mechanism of a free and open market and a national market system, and
protect investors and the public interest, because the current design
of the MWCB mechanism as set out in the Pilot Rules remains
appropriate. As detailed above, the Exchange considered whether SPX
should be replaced as the reference value, whether the current trigger
levels (7%/13%/20%) and halt times (15 minutes for Level 1 and 2 halts)
should be modified, and whether changes should be made to prevent the
market from halting shortly after the opening of regular trading hours
at 9:30 a.m., and concluded that the MWCB mechanism set out in the
Pilot Rules remains appropriate, for the reasons cited above. The
Exchange believes that public confidence in the MWCB mechanism would be
enhanced by the Pilot Rules being made permanent without any changes,
given investors' familiarity with the Pilot Rules and their successful
functioning in March 2020.
    The Exchange believes that proposed paragraph (e) regarding MWCB
testing 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. The Working Group recommended that
all cash equities exchanges adopt a rule requiring all designated
Regulation SCI firms to participate in MWCB testing and to attest to
their participation. The Exchange believes that these requirements
would promote the stability of the markets and enhance investor
confidence in the MWCB mechanism and the protections that it provides
to the markets and to investors. The Exchange further believes that
requiring firms participating in a MWCB test to identify any inability
to process messages pertaining to such MWCB test would contribute to a
fair and orderly market by flagging potential issues that should be
corrected. The Exchange would preserve such attestations pursuant to
its obligations to retain books and records of the Exchange.\18\
---------------------------------------------------------------------------

    \18\ See 17 CFR 240.17a-1.
---------------------------------------------------------------------------

    The Exchange believes that proposed paragraph (f) would benefit
market participants, promote just and equitable principles of trade,
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and protect investors and the
public interest. Having the MWCB Working Group review any halt
triggered under Rule 2622 and prepare a report of its analysis and
recommendations would permit the Exchange, along with other market
participants and the Commission, to evaluate such event and determine
whether any modifications should be made to Rule 2622 in the public
interest. Preparation of such a report within 6 months of the event
would permit the Exchange, along with the MWCB Working Group,
sufficient time to analyze such halt and prepare their recommendations.
    The Exchange believes that proposed paragraph (g) would benefit
market participants, promote just and equitable principles of trade,
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and protect investors and the
public interest. Having the MWCB Working Group review instances of a
Market Decline of more than 5% or an SRO implementing a rule that
changes its reopening process following a MWCB Halt would allow the
MWCB Working Group to identify situations where it recommends that Rule
2622 be modified in the public interest. In such situations where the
MWCB Working Group recommends that a modification should be made to
Rule 2622, the MWCB Working Group would prepare a report that documents
its analysis and recommendations and provide that report to the
Commission, thereby removing impediments to and perfecting the
mechanism of a free and open market and a national market system while
protecting investors and the public interest.
    For the foregoing reasons, the Exchange believes that the proposed
change is consistent with the Act.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposed change is not
intended to address competition, but rather, makes permanent the
current MWCB Pilot Rules for the protection of the markets. The
Exchange believes that making the current MWCB Pilot Rules permanent
would have no discernable burden on competition at all, since the Pilot
Rules have already been in effect since 2012 and would be made
permanent without any changes. Moreover, because the MWCB mechanism
contained in the Pilot Rules requires all exchanges and all market
participants to cease trading at the same time, making the Pilot Rules
permanent would not provide a competitive advantage to any exchange or
any class of market participants.
    Further, the Exchange understands that the other SROs will submit
substantively identical proposals to the Commission. Thus, the proposed
rule change will help to ensure consistency across SROs without
implicating any competitive issues.

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

    Written comments were neither solicited nor received.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \19\ and Rule 19b-4(f)(6) thereunder.\20\
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, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \20\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \21\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\22\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange asked
that the Commission waive the 30 day operative delay so that the
proposal may become operative immediately upon filing.

Waiver of the 30-day operative delay would allow the Exchange to
immediately provide the protections included in this proposal in the
event of a MWCB halt, which is consistent with the protection of
investors and the public interest. Therefore, the Commission hereby
waives the 30-day operative delay and designates the proposed rule
change as operative upon filing.\23\
---------------------------------------------------------------------------

    \21\ 17 CFR 240.19b-4(f)(6).
    \22\ 17 CFR 240.19b-4(f)(6)(iii).
    \23\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-PEARL-2022-13 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-PEARL-2022-13. 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-PEARL-2022-13
and should be submitted on or before May 4, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
---------------------------------------------------------------------------

    \24\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-07842 Filed 4-12-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Page 34622]
[FR Doc No: 2018-15673]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT:  83 FR 32932, 16
July 2018.

PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING:  Wednesday, July 18,
2018 at 10:00 a.m.

CHANGES IN THE MEETING:  The following item will not be considered
during the Open Meeting on Wednesday, July 18, 2018:
     Whether to propose amendments to the disclosure
requirements in Rule 3-10 and Rule 3-16 of Regulation S-X.

CONTACT PERSON FOR MORE INFORMATION:  For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact the Office of the Secretary at<PHONE_NUMBER>.

    Dated: July 18, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018-15673 Filed 7-18-18; 4:15 pm]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 102 (Friday, May 25, 2012)]
[Notices]
[Pages 31350-31351]
[FR Doc No: 2012-12733]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
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, please contact FERC, Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

------------------------------------------------------------------------
                                    Communication       Presenter or
            Docket No.                   date             requester
------------------------------------------------------------------------
Prohibited:
    1. EL01-10-000...............          4-27-12  Ben Tansey.\1\
    2. FA11-21-000...............          5-10-12  Eric Morris.\2\
    3. CP11-56-000...............          5-16-12  Kevin Burke.
    4. CP11-161-000..............          5-17-12  James C. Yardley.
Exempt:
    1. CP12-30-000...............          3-28-12  Commission Staff.\3\
    2. CP07-52-000/CP07-53-000...           4-2-12  Commission Staff.\4\
    3. ER12-1204-000.............           4-9-12  Robert F. Powelson.
    4. CP12-30-000...............          4-12-12  Commission Staff.\5\
    5. CP11-515-000..............          4-17-12  Hon. Nan Hayworth,
                                                     M.D.
    6. P-12495-006...............          4-18-12  Hon. Cathy McMorris
                                                     Rodgers.
    7. CP12-50-000...............          4-19-12  Hon. Kent Conrad.
    8. EL12-56-000...............          4-24-12  Hon. Eliot L. Engel.
    9. P-2188-000................          4-25-12  Hon. Max Baucus.
    10. P-12470-000..............           5-1-12  Commission Staff.\6\
    10. AD12-1-000/ER11-4081-000.           5-2-12  Justin Vickers.
    11. CP12-18-000..............           5-3-12  U.S. Dept. of
                                                     Interior Staff.
    12. P-2710-057/P-2712-074....          5-10-12  Hon. Susan M.
                                                     Collins.
    13. CP11-128-000.............          5-10-12  Hon. Jane L. Corwin.
    14. RM11-26-000/EL11-66-000..          5-11-12  Hon. Edward J.
                                                     Markey.
    15. CP11-56-000..............          5-14-12  Office of the Mayor,
                                                     New York, NY.
    16. CP11-14-000..............          5-14-12  Commission Staff.\7\
    17. AD12-1-000/ER11-4081-000.          5-26-12  Joseph M. Power.
------------------------------------------------------------------------
\1\ Email record.
\2\ Email record for both May 10th and May 17th.
\3\ Meeting record.
\4\ Telephone record.
\5\ Meeting record.
\6\ Email record.

\7\ Telephone record.

    Dated: May 21, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-12733 Filed 5-24-12; 8:45 am]
BILLING CODE 6717-01-P