[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Proposed Rules]
[Pages 44232-44234]
[FR Doc No: 2023-14469]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1397; Project Identifier MCAI-2023-00014-E]
RIN 2120-AA64

Airworthiness Directives; Safran Helicopter Engines, S.A. (Type
Certificate Previously Held by Turbomeca S.A.) Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Safran Helicopter Engines, S.A. (Safran) (type certificate
previously held by Turbomeca S.A.) Model Arrius 2R engines. This
proposed AD was prompted by reports of inconsistencies between the
torque (TQ) and measured gas temperature (MGT) conformation values
recorded in the avionics and the TQ and MGT conformation values
recorded on the engine log cards following replacement of the M01 and
M02 modules installed on the engine. This proposed AD would require a
one-time check of the consistency between the TQ and MGT conformation
values recorded in the avionics and the values recorded on the engine
log cards, and, if necessary, recalibrating the values and updating the
engine logs, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is proposed for incorporation by reference (IBR). The
FAA is proposing this AD to address the unsafe condition on these
products.

DATES: The FAA must receive comments on this NPRM by August 28, 2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1397; 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, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information that is proposed for IBR in this
NPRM, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
phone: +49 221 8999 000; email: [email protected]; website:
ad.easa.europa.eu. It is also available at regulations.gov under Docket
No. FAA-2023-1397.
     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>.

FOR FURTHER INFORMATION CONTACT: Kevin Clark, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (781)
238-7088; 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-2023-1397; Project Identifier
MCAI-2023-00014-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
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

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 Kevin Clark, Aviation Safety Engineer, FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590. Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0265R1, dated January 6, 2023
(EASA AD 2022-0265R1) (referred to after this as the MCAI), to address
an unsafe condition for all Safran Model Arrius 2R engines. The MCAI
states that inconsistencies were reported between the TQ and MGT
conformation values recorded in the avionics and the values recorded on
the engine log cards following replacement of the M01 or M02 modules
installed on the engine. This condition, if not corrected, could affect
the engine power assurance check and lead to underestimated or
overestimated TQ and MGT conformation values. Underestimated MGT
conformation values could lead to an exceedance of the certified
thermal limit of the high-pressure (HP) blades, possibly resulting in
HP blade rupture with consequent sudden power loss and release of low-
energy debris. Underestimated TQ conformation values could lead to
overpassing the helicopter transmission limit. Overestimated TQ and MGT
conformation values could lead to an electronic engine control unit
embedded value that could result in power non-availability. Each of the
above conditions could result in reduced control of the helicopter.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1397.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0265R1, which specifies instructions
for a one-time check of the consistency between the TQ and MGT
conformation values recorded in the avionics and the values recorded in
the engine log cards, and, if necessary, recalibrating the values and
updating the engine logs.
    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.

FAA's Determination

    These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI described above. 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.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the MCAI, except for any differences identified as exceptions in the
regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has since
coordinated with other manufacturers and CAAs to use this process. As a
result, the FAA proposes to incorporate by reference EASA AD 2022-
0265R1 in the FAA final rule. This proposed AD would, therefore,
require compliance with EASA AD 2022-0265R1 in its entirety through
that incorporation, except for any differences identified as exceptions
in the regulatory text of this proposed 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
EASA AD 2022-0265R1. Service information required by the EASA AD for
compliance will be available at regulations.gov under Docket No. FAA-
2023-1397 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 145 engines installed on helicopters 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 consistency check.............  1 work-hour x $85 per                 $0             $85         $12,325
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Recalibrate conformation values and update      1 work-hour x $85 per hour = $85              $0             $85
 records.
----------------------------------------------------------------------------------------------------------------

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 this 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 adding the following new airworthiness
directive:

Safran Helicopter Engines, S.A. (Type Certificate Previously Held by
Turbomeca, S.A.): Docket No. FAA-2023-1397; Project Identifier MCAI-
2023-00014-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by August 28, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Safran Helicopter Engines, S.A. (type
certificate previously held by Turbomeca S.A.) Model Arrius 2R
engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7700, Engine
Indicating System.

(e) Unsafe Condition

    This AD was prompted by reports of inconsistencies between the
torque (TQ) and measured gas temperature (MGT) conformation values
recorded in the avionics and the TQ and MGT conformation values
recorded on the engine log cards following replacement of the M01 or
M02 modules installed on the engine. The FAA is issuing this AD to
address inconsistencies between the TQ and MGT conformation values
recorded. The unsafe condition, if not addressed, could result in
reduced control of the helicopter due to one or more of the
following: a power non-availability; a high-pressure blade rupture
with consequent power loss and release of low-energy debris; or an
overpassing of the helicopter transmission limit.

(f) Compliance

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

(g) Required Actions

    Except as specified in paragraphs (h) and (i) of this AD:
Perform all required actions within the compliance times specified
in, and in accordance with, European Union Aviation Safety Agency
(EASA) AD 2022-0265R1, dated January 6, 2023 (EASA AD 2022-0265R1).

(h) Exceptions to EASA AD 2022-0265R1

    (1) Where EASA AD 2022-0265R1 refers to January 4, 2023 (the
effective date of the original issue of AD 2022-0265), this AD
requires using the effective date of this AD.
    (2) This AD does not adopt the Remarks paragraph of EASA AD
2022-0265R1.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-
0265R1 specifies to submit certain information to the manufacturer,
this AD does not include that requirement.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, 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 manager of the branch, send it to the attention of
the person identified in paragraph (k) of this AD and email 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) Additional Information

    For more information about this AD, contact Kevin Clark,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone:<PHONE_NUMBER>; email:
[email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) European Union Aviation Safety Agency AD 2022-0265R1, dated
January 6, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2022-0265R1, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; phone: +49 221 8999 000; email:
[email protected]; website: easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 30, 2023.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-14469 Filed 7-11-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Pages 42566-42567]
[FR Doc No: 2015-17491]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75436; File No. SR-Phlx-2015-55]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Various References to Rule 1080.08

July 13, 2015.
    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 June 30, 2015, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend various options rules to reflect the
recent renumbering of Rule 1080.08 as Rule 1080.07, as described
further below.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxphlx.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 purpose of the filing is to correct various references to Rule
1080.08, which was recently renumbered as Rule 1080.07.\3\
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    \3\ See Securities Exchange Act Release No. 73719 (December 2,
2014), 79 FR 72740 (December 8, 2014) (SR-Phlx-2014-76).
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    First, the Exchange proposes to amend Rule 1000(b)(14), which
defines the term ``professional'' as any person or entity that (i) is
not a broker or dealer in securities, and (ii) places more than 390
orders in listed options per day on average during a calendar month for
its own beneficial account(s). It further provides that a professional
will be treated in the same manner as an off-floor broker-dealer for
purposes of Rules 1014(g) (except with respect to all-or-none orders,
which will be treated like customer orders, except that orders
submitted pursuant to Rule 1080(n) for the beneficial account(s) of
professionals with an all-or-none designation will be treated in the
same manner as off-floor broker-dealer orders), 1033(e), 1064.02
(except professional orders will be considered customer orders subject
to facilitation), 1080(n) and 1080.08 as well as Options Floor
Procedure Advices B-6, B-11 \4\ and F-5. The reference to Rule 1080.08
is being changed to Rule 1080.07.
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    \4\ The Exchange is proposing to delete reference to Options
Floor Procedure Advice B-11, which has been deleted. See Securities
Exchange Act Release No. 69471 (April 29, 2013), 78 FR 26096 (May 3,
2013) (SR-Phlx-2013-09).
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    Second, the Exchange proposes to amend Rule 1047(f)(ii), which
currently provides that after the opening, the Exchange shall reject
Market Orders, as defined in Rule 1066(a) (including Complex Orders, as
defined in Rule 1080.08, and shall notify Participants of the reason
for such rejection. The

reference to Rule 1080.08 is being changed to Rule 1080.07.
    Next, the Exchange proposes to amend Rule 1066(f)(7) and (8), which
defines various types of multi-leg orders, including Complex Orders and
DNA Orders, both of which are defined in Rule 1080.07(a). Accordingly,
Rule 1066(f)(7) and (8) are being corrected to properly refer to Rule
1080.07(a) rather than to Rule 1080.08(a).
    Finally, the Exchange proposes to amend Rule 1080.07 itself, which
contains several references to Rule 1080.08, which are incorrect. Each
of the following provisions in Rule 1080 are proposed to be changed to
refer to the same subsection in Rule 1080.07: Rule 1080(m)(iii)(A),
Rule 1080(n)(i)(C), Rule 1080(n)(ii)(A)(9), Rule 1080.07(a)(i), Rule
1080.07(e)(i)(B)(1), Rule 1080.07(e)(vi)(B), Rule
1080.07(f)(iii)(C)(2), and Rule 1080.07(f)(iii)(C)(4).
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \5\ in general, and furthers the objectives of Section
6(b)(5) of the Act \6\ in particular, in that it is designed to promote
just and equitable principles of trade by correcting the references to
Rule 1080 regarding complex orders, which should help market
participants better understand how their orders are handled.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
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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 proposal merely corrects
rule references.

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 foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms does not become operative for 30 days after the
date of this filing, 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 \7\ and Rule 19b-4(f)(6) thereunder.\8\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with 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.
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    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 change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2015-55 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-Phlx-2015-55. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of 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; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2015-55 and should be
submitted on or before August 7, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-17491 Filed 7-16-15; 8:45 am]
 BILLING CODE 8011-01-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

1650 Arch Street

Philadelphia, Virginia  19103

Date:	    July 24, 2008

Subject:  Revision to Virginia(s SIP

    NOx SIP Call emissions reductions from IC engines and cement kilns

    Technical Support Document

     /s/

From:     Marilyn Powers, Environmental Engineer

 	    Air Quality Planning Branch (3AP21)

To:	    File

Reviewed by:  _/s/______________________________

Cristina Fernandez, Branch Chief

Air Quality Planning Branch (3AP21)

I.  Background

A.  Introduction

The Environmental Protection Agency (EPA) issued the Nitrogen Oxides
(NOx) SIP Call (63 FR 57356, October 27, 1998) to require 22 Eastern
states and the District of Columbia to reduce specified amounts of one
of the main precursors of ground-level ozone, NOx, in order to reduce
ozone that is transported across State boundaries.  EPA found that the
sources in these states emit NOx in amounts that contribute
significantly to nonattainment of the 1-hour ozone national ambient air
quality standard (NAAQS) in downwind states.  In the NOx SIP Call, the
amount of reductions required by states were calculated based on
application of available, highly cost-effective controls on certain
source categories of NOx.  These source categories included electric
generating units (EGUs), large non-EGUs, large natural gas internal
combustion engines, and large cement kilns.  EPA determined state
budgets based on controlling these sources by the specified amounts.  In
the NOx SIP Call, EPA established a model cap and trade rule that States
had the option to adopt in order to participate in the EPA-administered
trading program.

The NOx SIP Call (including the Technical Amendments to the 2007 EGU
budgets (64 FR 26298, May 14, 1999 and 65 FR 11222, March 2, 2000)) was
challenged by a number of state, industry, and labor groups.  A detailed
background of the NOx SIP Call, including the court decisions that were
made in response to challenges to the rule and impacts of the court
decisions on certain aspects of the rule may be found in EPA(s
rulemaking dated April 21, 2004 (69 FR 21604) entitled Interstate Ozone
Transport:  Response to Court Decisions on the NOx SIP Call, NOx SIP
Call Technical Amendments, and Section 126 Rules.  Many of the decisions
that were made by the court pertained to specific NOx SIP Call states
and to other areas of the NOx SIP Call that did not affect Virginia. The
portions of the April 21, 2004 rulemaking pertaining to Virginia(s
obligations under Phase II of the NOx SIP Call are included herein to
provide a background on the State(s requirements.

On March 3, 2000, the DC Circuit Court issued its decision on the NOx
SIP Call.  It ruled largely in favor of EPA in support of its
requirements under the 1-hour ozone NAAQS, but in part ruled against EPA
on several issues. The portions of the NOx SIP Call that were upheld by
the Court were termed Phase I of the rule, and, with the exception of
the remand of the EGU growth factors used in the NOx SIP Call and the
requirements for the 8-hour ozone NAAQS (which EPA stayed due to
uncertainty created by the court rulings), the other portions that were
remanded for further rulemaking were finalized on April 21, 2004 and
termed Phase II of the rule.  The rulings against EPA included two areas
of the NOx SIP Call that were remanded and vacated and two areas in
which EPA was found to have failed to provide adequate notice of changes
in the rule.  In the latter case, the rulings included a failure to
provide adequate notice of the change in the definition of EGU as
applied to cogeneration units that supply electricity to a utility power
distribution system for sale in certain specified amounts, and a failure
to provide adequate notice of the change in control level EPA assumed
for large stationary internal combustion (IC) engines, both of which
were remanded to EPA for further rulemaking.

The two rulings pertaining to inadequate notice potentially required
additional adjustments to States( approved Phase I budgets to
incorporate the changed definition of cogeneration units, and required
additional reductions for states that had not yet met the Phase II
incremental reductions (some states chose to meet all their NOx SIP Call
obligations as part of their original Phase I rule).

B.  EPA requirements

1.  Large Stationary Internal Combustion Engines

The April 21, 2004 rule finalized specific changes to the definition of
EGUs as applied to cogeneration units, finalized the control levels
assumed for large stationary IC engines subject to the NOx SIP Call,
adjusted states' total budgets (where necessary) to reflect these
changes, established a SIP submittal date of April 1, 2005 for States to
address the Phase II portion of the budget, and set a compliance date of
May 1, 2007 for reductions to meet Phase II of the NOx SIP Call.  As a
result of these changes, States are required to achieve an incremental
reduction of NOx emissions, that, added to their Phase I reductions,
would achieve the total required reductions needed to fully meet the NOx
SIP Call.

The large stationary IC engines that comprise states’ Phase II NOx
SIP Call inventory are those engines that emitted more than 1 ton of NOx
per average ozone season day during the 1995 baseline ozone season.  The
amount of Phase II reductions required to be made by states is based on
controlling IC engines to the following levels, which were determined by
EPA to be highly cost effective:

-   For lean burn engines, 82 percent reduction

-   For rich-burn engines, 90 percent reduction

-   For diesel and dual fuel engines, 90 percent reduction

In Phase II, each state's total budget was adjusted downward to reflect
the additional reductions that correspond to these control levels as
applied to the engines in the NOx SIP Call inventory.  States have
flexibility in how to achieve the additional reductions, however they
must adopt rules that will, by the start of the 2007 ozone season,
achieve this incremental reduction, and submit the rules to EPA as a SIP
revision.

Virginia's NOx budget trading program (Phase I) under the NOx SIP Call
was approved as part of the Virginia SIP on July 8, 2003 (68 FR 40520),
with the exception of  its flow control provision, which was
conditionally approved.  The conditional approval was converted to a
full approval on August 25, 2005 (69 FR 52174).  The Phase II change to
the definition of cogeneration units did not affect the Phase I budget
previously established for Virginia and therefore will not be discussed
in any detail here, but a full discussion may be found in the April 21,
2005 rulemaking.  In order to meet its NOx SIP Call Phase II
obligations, the Commonwealth is required only to achieve the
incremental reductions that EPA calculated based on controlling large IC
engines to prescribed levels.

Attachment 1 shows the 1995 NOx SIP Call Phase II inventory for each
affected source in Virginia.  EPA determined that Virginia’s Phase II
inventory included 17 IC engines, located at four sources.  The engines
are lean burn engines, and therefore must achieve at least an 82 percent
reduction.  Applying a 0.98 percent growth factor determined by EPA as
part of the NOx SIP Call, the projected 2007 uncontrolled inventory from
these engines total 4,077 tons of NOx. The total required reduction is
therefore 3,343 tons of NOx (82 percent of 4,077 tons).  A summary of
the reduction requirement by facility is shown in Table 1 below.

Table 1:  NOx SIP Call Phase II Inventory in Virginia

Station No.	Location	1995 baseline, tons	Growth Factor	2007 Uncontrolled
NOx, tons	% Required Reduction	Required Reduction, tons

165	Chatham	   201.8223	0.98	  197.7859	82%	   162.1844

170	Appomattox	2,691.7290	0.98	2,637.8944	82%	2,163.0734

175	Scottsville	1,107.8730	0.98	1,085.7156	82%	   890.2867

180	Unionville	   158.6610	0.98	   155.4878	82%	   127.5000

Total

4,160.0853

4,076.8836

3,343.0445

2.  Large Cement Kilns

	As part of the NOx SIP Call, States were also required to reduce NOx
emissions from cement manufacturing in an amount equivalent to that
achieved by applying highly cost effective controls to cement kilns that
emitted more than 1 ton of NOx per day during the 1995 ozone season.
Highly cost effective controls on cement kilns were determined by EPA to
be equivalent to a 30 percent reduction.  In the NOx SIP Call, EPA cited
its peer reviewed analysis, ``EPA's Alternative Control Techniques
(ACT)'' (EPA-453/R-94-004, March 1994) as demonstrating that
cost-effective controls in the form of low-NOx burners and mid-kiln
firing are available to the cement kiln industry and can achieve a 30
percent reduction from uncontrolled levels of emissions.  Consistent
with this analysis, the federal implementation plan (FIP) for the NOx
SIP Call required installation and operation of low-NOx burners,
mid-kiln firing, or ``alternative control techniques,'' subject to
approval by EPA, that achieve at least the same 30 percent emissions
decrease as low-NOx burners or mid-kiln firing (63 FR 56416, October
21,1998).  EPA has previously approved into other States’ SIPs,
revisions that addressed reductions from this source category that
simply requires either low NOx burners or mid-kiln firing to be
installed on subject kilns.

	The 1995 EPA inventory for cement kilns in Virginia included four long
dry kilns and one preheater kiln, see Attachment 2.  In the notice of
proposed rulemaking for Virginia’s NOx budget trading program (67 FR
68544, November 12, 2002), it is noted that Virginia must still submit
SIP revisions to address any additional emission reductions required to
meet the Commonwealth's overall emissions budget, including cement
kilns.

II.  Description of Revision

A. Description of Submittals

1.  Large Stationary IC Engines

The change to the definition of cogeneration units did not affect the
Phase I budget previously established for Virginia and will not be
discussed in any detail here, but, as noted above, can be found in the
April 21, 2004 rulemaking.  In order to fully meet its Phase II NOx SIP
Call obligations, the State was required to achieve the incremental
reductions that EPA calculated based on controlling IC engines to
prescribed levels.

VADEQ determined that one company, Transcontinental Gas Pipe Line
Corporation (Transco), owns all of the potentially affected sources in
the State.  Transco is an interstate natural gas transmission company
having six stations located in Virginia.  VADEQ chose to require
Virginia’s Phase II emission reductions to come from 19 natural
gas-fired engines located at four stations (17 of the engines are in
EPA’s inventory).  To implement the reductions required under Phase
II, Virginia chose to issue federally enforceable state operating
permits for each of the Transco facilities.  VADEQ submitted the permits
as separate SIP revisions on the following dates:

February 26, 2007 SIP revision – Transco Station 165, Pittsylvania
County

March 5, 2007 SIP revision  -  Transco Station 170, Appomattox County

March 12, 2007 SIP revision -  Transco Station 175, Fluvanna County

March 19, 2007 SIP revision -  Transco Station 180, Orange County

2.  Cement Manufacturing

Virginia chose to modify an existing State operating permit to implement
the required Phase I NOx emission reductions from its affected cement
kilns.  On August 8, 2007, the State submitted a SIP revision that
consisted of a federally enforceable Stationary Source Permit to Operate
for Roanoke Cement Company located in Botetourt County.  The facility
currently includes one preheater/precalciner cement kiln with a capacity
of 550 MMbtu/hr and a permitted annual production rate of 1,300,000 tons
of clinker per year.

B.  EPA analysis of large stationary IC engine submittal

VADEQ’s submittals are comprised of federally enforceable state
operating permits containing terms and conditions for the control of
emissions of NOx from the affected IC engines at each station, as well
as a demonstration to show that Virginia is meeting an 82 percent
reduction at each station.  The permits have a compliance date of May 1,
2007, and include definitions, applicability, parametric monitoring
requirements, operating requirements, testing, reporting, and
recordkeeping requirements, as well as other general conditions and
requirements to ensure the terms of the permit are met.

Virginia chose to apply an 82 percent NOx emission reduction to 19
engines at four Transco stations by limiting each affected engine’s
emission rate during the ozone season, and, for Station # 175, limiting
the total number of hours of operation during the ozone season.  The
permitted emission limits at each station is summarized below:

Table 2:  Permitted Emission Limits at Transco Stations

Transco Station	Affected Unit ID	Ozone Season NOx Emission Rate (lb/hr)
Ozone Season NOx Emissions Limit, tons (NOx emission rate times
permitted operating hours)	Total Ozone Season Emissions at each Station
Reductions at each Station (tons/ozone season)

#165	M/L 11	19.20	35.25	35.25	162.53

                                                                 Total
for Station #165	35	162.53

#170	M/L 1	19.29	35.42

117.79

	M/L 2	19.29	35.42

148.69

	M/L 3	19.29	35.42

178.95

	M/L 4	19.29	35.42

186.19

	M/L 5	19.29	35.42

193.47

	M/L 6	20.25	37.18

122.45

	M/L 7	20.25	37.18

205.29

	M/L 8	26.23	48.16

241.78

	M/L 9	26.23	48.16

213.49

	M/L 10	26.23	48.16

213.46

	M/L 11	42.44	77.92

342.50

                                                                Total
for Station  #170	474	2164.05

#175	M01	219.00 	48.7275

214.99

	M02	219.00 	48.7275

224.52

	M03	219.00 	48.7275

208.87

	M04	219.00 	48.7275

242.43

                                                                Total
for Station #175	195	890.80

#180	M/L 8	19.25	35.34

30.97

	M/L 10	19.25	35.34

29.19

	M/L 14	48.5	89.05

66.44

                                                                Total
for Station #180	160	126.6

To comply with the 82 percent reduction for Station #175, the permit
limits the emission rate and imposes a restriction on the hours of
operation for the four affected engines.  Beginning May 1, 2007, the
affected engines are limited to a total of 1780 hours of operation per
ozone season.   The permit includes periodic monitoring and
recordkeeping to assure compliance with the emission limits set forth in
the permit.  A unit operating less than 45 hours per ozone season is
required to maintain records to document the hours of operation,
however, a unit operating at or more than 45 hours must be tested either
in accordance with Method 7 or 7E, or with a portable analyzer after the
end of the ozone season but prior to October 30.  A request to increase
the hours of operation of the facility above the limit will require
installation of low emission combustion technology on each unit to
ensure compliance with the ozone season NOx tonnage limit.

Units at Stations #165, 170 and 180 may operate 3672 hours (the entire
ozone season), and are required to have a Parametric Monitoring Systems
(PMS) installed prior to May 1, 2007 to measure and record operating
performance indicators for NOx emissions.  Prior to May 1, 2007, a
minimum of nine initial emissions test runs are required at each engine
to establish a correlation between the engine operating parameters and
the NOx emission rate limit.  Once per ozone season beginning in 2008,
testing with a portable analyzer is required to demonstrate the validity
of the parametric monitoring and compliance with the emission
limitations set forth in the permit.  If any engine is changed in a
manner that results in significant changes in the parameters established
during the initial test runs, re-testing must be performed to
re-establish the correlation between parameters and the NOx emission
rate limit.

The initial emissions testing are required using Reference Method 7 or
7E to determine compliance with the ozone season limits. For each
facility, Transco is required to keep records and submit annual reports
to VADEQ documenting the total NOx emissions (in tons) from May 1
through September 30 of each year, as well as the percent utilization at
Stations 170, 175, and 180.

  SEQ CHAPTER \h \r 1 Virginia’s incremental budget demonstration
comprised of 19 large natural gas-fired IC engines that are subject to
Phase II is consistent with the reductions required, as shown in EPA’s
NOx SIP Call Engine Inventory.  Application of 82 percent reductions
from the uncontrolled 2007 base case results in an incremental reduction
of 3343 tons of NOx emissions in Virginia. EPA has determined that an
additional reduction of 3343 tons of NOx satisfies Virginia’s
requirements under Phase II of the NOx SIP Call, and that this amount
appropriately adjusts the incremental reduction specified in the April
21, 2004 rulemaking.

C.  EPA Analysis of Cement Kiln Submittal

	VADEQ’s August 8, 2007 submittal is comprised of an amended Roanoke
Cement Company federally enforceable State operating permit and a
demonstration that the NOx reductions at this facility are meeting the
requirements of the NOx SIP Call.

On June 18, 2007, VADEQ approved a modification to the operating permit
for Roanoke Cement.  The operating permit modification included language
that this permit also implements the requirements for cement
manufacturing mandated by Phase I of the NOx SIP Call (in addition to
the RACT requirements for this source).  The permit requires
installation of low NOx burners, records of annual throughput and
consumption of coal and fuel oil, and continuous emissions monitoring of
NOx from Kiln 5.

VADEQ provided information that in 1996, the facility underwent a major
modification and received a PSD permit for the modernization of the
plant.  As part of the modification, Kilns 1 through 4 (which were long,
dry kilns) were retired, and Kiln 5 (which was a preheater kiln) was
reconfigured as a preheater/precalciner kiln designed to handle the
capacity of the five kilns. In addition, the facility, as a result of
its Early Action Compact (EAC) for 8-hour ozone, installed low NOx
burners in 2006 as Reasonably Available Control Technology (RACT)
requirements for the kiln, see Attachment 3.  An EAC allows an area to
submit an enforceable SIP outlining the steps it will take to maintain
compliance with the 8-hour ozone standard to defer a potential
non-attainment designation until a later date.  Installation of RACT is
one of the requirements of Virginia’s EAC.  The permit required
installation of low NOx burners after the first scheduled plant shutdown
after November 15, 2005 but no later than June 1, 2006 and required a
reduction of NOx generation by ten percent.

	As indicated above, installation of low NOx burners is one of the
options identified by EPA as available to the cement manufacturing
industry to achieve NOx emission reductions of  30 percent.  However, to
show that the reconfiguration of the preheater kiln is reducing NOx
emissions by at least 30 percent, VADEQ submitted a demonstration based
on evaluation of the thermal efficiency of the kiln to assess emission
rates for the preheater/precalciner process.  Thermal efficiency is
important because NOx emissions from these systems are proportional to
fuel usage.  Increasing thermal efficiency of a kiln will reduce the
amount of NOx emitted per ton of clinker produced.  The current
configuration is consistent with the Alternative Control Techniques
(ACT) document NOx Emissions from Cement Manufacturing
(EPA-453/R-94-004, March 1994) for minimizing NOx emissions and
maximizing thermal efficiency.  The State submission included
calculations of thermal efficiencies for both the long dry kilns and the
preheater/precalciner kiln between 1995 and 2005.  In this period the
thermal efficiency of the facility increased by 44.5 percent, which
indicates NOx reductions beyond 30 percent.

	Alternatively, considering source classification code (SCC) emission
rates of 7.4 lb NOx per ton of clinker for the long dry kilns compared
to the 2005 monitored emission rate of 3.29 lb per ton of clinker for
the precalciner kiln, indicates NOx reductions of approximately 55%.
Neither of these analyses takes into consideration the additional
reductions from the low NOx burners that were installed in 2006.
Therefore, the overall reductions from uncontrolled 2007 emissions for
the facility would actually be greater than the State’s demonstration
would indicate.

III. Conclusion

The SIP revisions submitted by VADEQ meet the requirements of the NOx
SIP Call.  The federally enforceable state operating permits for the
stationary internal combustion engines include provisions to assure that
82 percent NOx emission reductions are achieved.  The State has
demonstrated that it is meeting the reduction requirements for cement
manufacturing, and the federally enforceable State operating permit for
the kiln has been revised to indicate that the preheater/precalciner
kiln with low NOx burners implements the requirements of the NOx SIP
Call.

 IV.  Recommendation

The SIP revisions meet Virginia’s remaining obligations under the NOx
SIP Call and strengthen the Virginia SIP.  It is recommended that a
Notice of Proposed Rulemaking be published proposing approval of
Virginia(s SIP revisions for NOx emission reductions from large
stationary internal combustion engines to meet Phase II of the NOx SIP
Call, and NOx emission reductions from cement manufacturing to comply
with the NOx SIP Call requirements.

 PAGE   8

 PAGE  3

 PAGE  8


[Federal Register: November 22, 2006 (Volume 71, Number 225)]
[Notices]
[Page 67565]
[DOCID:fr22no06-62]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0907; FRL-8103-5]

The Association of American Pesticide Control Officials (AAPCO)/
Full State FIFRA Issues Research and Evaluation Group (SFIREG); Notice
of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Association of American Pesticide Control Officials
(AAPCO)/Full State FIFRA Issues Research and Evaluation Group (SFIREG)
will hold a 2-day meeting, beginning on December 4, 2006 and ending
December 5, 2006. This notice announces the location and times for the
meeting and sets forth the tentative agenda topics.

DATES: The meeting will be held on December 4, 2006 from 8.30 a.m. to 5
p.m. and 8:30 a.m. to 12 noon on December 5, 2006.
    To request accommodation of a disability, please contact the person
listed under FOR FURTHER INFORMATON CONTACT, preferably at least 10
days prior to the meeting, to give EPA as much time as possible to
process your request.

ADDRESSES: The meeting will be held at Radisson Hotel Reagan National
Airport, 2020 Jefferson Davis Highway, Arlington, VA 22202.

FOR FURTHER INFORMATION CONTACT: Georgia McDuffie, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>or Philip H. Gray, SFIREG
Executive Secretary, P.O. Box 1249, Hardwick, VT 05843-1249; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you all parties
interested in SFIREG information exchange relationship with EPA
regarding important issues related to human health, environmental
exposure to pesticides, and insight into EPA's decision-making process
are invited and encouraged to attend the meetings and participate as
appropriate. Potentially affected entities may include, but are not
limited to: Those persons who are or may be required to conduct testing
of chemical substances under the Federal Food, Drug and Cosmetic Act
(FFDCA), or the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA).

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2006-0907. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard

copy at the Office of Pesticide Programs (OPP) Regulatory Public Docket
in Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive
Arlington, VA. The hours of operation of this Docket Facility are from
8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays.
The Docket telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. Tentative Agenda

    1. Electronic Labeling and Unique Label Identifiers
    2. Drift Issues and Lessons Learned
    3. Implementation of Container and Containment Regulations
    4. OPP Performance Measures
    5. Endangered Species Implementation Update and the Role of the
Services in Enforcements.
    6. Section 18 Renewal Process
    7. Water Quality Benchmarks and Metabolite Issues
    8. TPPC Issues and Participation in SFIREG
    9. Review of ``Parking Lot Issues''
    10. EPA Update/Briefing
    a. Office of Pesticide Programs Update
    b. Office of Enforcement Compliance Assurance Update
    11. Antimicrobials Division Notice on HVAC products
    12. Regional/Working Committee Reports

List of Subjects

    Environmental protection.

    Dated: November 13, 2006.
William R. Diamond,
Director, Field External Affairs Division, Office of Pesticide Programs
[FR Doc. E6-19576 Filed 11-21-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 85, Number 107 (Wednesday, June 3, 2020)]
[Notices]
[Pages 34190-34191]
[FR Doc No: 2020-11949]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-460-000]

Northern Natural Gas Company; Notice of Application

    Take notice that on March 21, 2020, Northern Natural Gas Company
(Northern Natural), 1111 South 103rd Street, Omaha, NE 68124-1000,
filed in Docket No. CP20-460-000 an application (Clifton to Palmyra A-
line Abandonment Project) pursuant to section 7(b) and 7(c) of the
Natural Gas Act (NGA) and Part 157 of the Commission's regulations for
authorization to abandon in-place approximately 96 miles Northern
Natural's 24 inch-diameter A-line and approximately 19 miles of its 20-
inch-diameter J-line located in Clay and Washington counties in Kansas,
and in Gage, Jefferson, Lancaster and Otoe counties in Nebraska.
Northern Natural further seeks authorization to construct and operate
an additional natural gas-driven ISO rated 15,900-Solar Mars turbine
unit compressor unit at Northern Natural 's existing Beatrice
compressor station located in Gage County, Nebraska at an estimated
cost of $29,730,000, all as more fully described in their application
which is on file with the Commission and open to public inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Any questions concerning this application may be directed to
Michael T. Loeffler, Senior Director Certificates and External Affairs,
Northern Natural Gas Company, P.O. Box 3330, Omaha, NE 68103-0330, by
telephone at<PHONE_NUMBER>, by facsimile at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules (18 CFR 157.9),
within 90 days of this Notice, the Commission staff will issue a Notice
of Schedule for Environmental Review. If a Notice of Schedule for
Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the environmental assessment (EA) for this proposal. The issuance of a
Notice of Schedule for Environmental Review will serve to notify
federal and state agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit seven copies of filings made in the proceeding with the
Commission and must mail a copy to the applicant and to every other
party. Only parties to the proceeding can ask for court review of
Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    As of the February 27, 2018 date of the Commission's order in
Docket No.

CP16-4-001, the Commission will apply its revised practice concerning
out-of-time motions to intervene in any new NGA section 3 or section 7
proceeding.\1\ Persons desiring to become a party to a certificate
proceeding are to intervene in a timely manner. If seeking to intervene
out-of-time, the movant is required to ``show good cause why the time
limitation should be waived,'' and should provide justification by
reference to factors set forth in Rule 214(d)(1) of the Commission's
Rules and Regulations.\2\
---------------------------------------------------------------------------

    \1\ Tennessee Gas Pipeline Company, L.L.C., 162 FERC ] 61,167 at
] 50 (2018).
    \2\ 18 CFR 385.214(d)(1).
---------------------------------------------------------------------------

    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Comment Date: 5:00 p.m. Eastern Standard Time on June 18, 2020.

    Dated: May 28, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-11949 Filed 6-2-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Notices]
[Pages 52182-52183]
[FR Doc No: 2023-16775]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2023-P-0038]

Determination That CUBICIN (Daptomycin) Powder for Injection, 250
Milligrams/Vial and 500 Milligrams/Vial, and CUBICIN RF (Daptomycin)
Powder for Injection, 500 Milligrams/Vial, Were Not Withdrawn From Sale
for Reasons of Safety or Effectiveness

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) has
determined that CUBICIN (daptomycin) Powder for Injection, 250
milligrams (mg)/vial and 500 mg/vial, and CUBICIN RF (daptomycin)
Powder for Injection, 500 mg/vial, were not withdrawn from sale for
reasons of safety or effectiveness. This determination will allow FDA
to approve abbreviated new drug applications (ANDAs) for daptomycin
powder for injection, 250 mg/vial and 500 mg/vial, if all other legal
and regulatory requirements are met.

FOR FURTHER INFORMATION CONTACT: Tereza Hess, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6221, Silver Spring, MD 20993-0002, 202-
768-5659, [email protected].

SUPPLEMENTARY INFORMATION: Section 505(j) of the Federal Food, Drug,
and Cosmetic Act (FD&C Act) (21 U.S.C. 355(j)) allows the submission of
an ANDA to market a generic version of a previously approved drug
product. To obtain approval, the ANDA applicant must show, among other
things, that the generic drug product: (1) has the same active
ingredient(s), dosage form, route of administration, strength,
conditions of use, and (with certain exceptions) labeling as the listed
drug, which is a version of the drug that was previously approved, and
(2) is bioequivalent to the listed drug. ANDA applicants do not have to
repeat the extensive clinical testing otherwise necessary to gain
approval of a new drug application (NDA).
    Section 505(j)(7) of the FD&C Act requires FDA to publish a list of
all approved drugs. FDA publishes this list as part of the ``Approved
Drug Products With Therapeutic Equivalence Evaluations,'' which is
known generally as the ``Orange Book.'' Under FDA regulations, drugs
are removed from the list if the Agency withdraws or suspends approval
of the drug's NDA or ANDA for reasons of safety or effectiveness or if
FDA determines that the listed drug was withdrawn from sale for reasons
of safety or effectiveness (21 CFR 314.162).
    A person may petition the Agency to determine, or the Agency may
determine on its own initiative, whether a listed drug was withdrawn
from sale for reasons of safety or effectiveness. This determination
may be made at any time after the drug has been withdrawn from sale but
must be made prior to approving an ANDA that refers to the listed drug
(Sec.  314.161 (21 CFR 314.161)). FDA may not approve an ANDA that does
not refer to a listed drug.
    CUBICIN (daptomycin) Powder for Injection, 250 mg/vial and 500 mg/
vial, initially approved on September 12, 2003, and CUBICIN RF
(daptomycin) Powder for Injection, 500 mg/vial, initially approved on
July 6, 2016, are the subjects of NDA 021572, held by Cubist
Pharmaceuticals, LLC. CUBICIN and CUBICIN RF are indicated for
treatment of complicated skin and skin structure infections in adult
and pediatric patients (1 to 17 years of age), and Staphylococcus
aureus bloodstream infections (bacteremia) in adult patients including
those with right-sided infective endocarditis. CUBICIN is also
indicated for treatment of S. aureus bloodstream infections
(bacteremia) in pediatric patients (1 to 17 years of age).
    CUBICIN (daptomycin) Powder for Injection, 250 mg/vial is currently
listed in the ``Discontinued Drug Product List'' section of the Orange
Book. In a letter dated June 22, 2021, Cubist Pharmaceuticals, LLC
notified FDA that CUBICIN RF (daptomycin) Powder for Injection, 500 mg/
vial was being discontinued, and FDA moved the drug product to the
``Discontinued Drug Product List'' section of the Orange Book. In a
letter dated March 30, 2022, Cubist Pharmaceuticals, LLC notified FDA
that CUBICIN (daptomycin) Powder for Injection, 500 mg/vial was being
discontinued, and FDA moved the drug product to the ``Discontinued Drug
Product List'' section of the Orange Book.
    Lachman Consultant Services, Inc. submitted a citizen petition
dated January 3, 2023 (Docket No. FDA-2023-P-0038), under 21 CFR 10.30,
requesting that the Agency determine whether CUBICIN RF (daptomycin)
Powder for Injection, 500 mg/vial, was withdrawn from sale for reasons
of safety or effectiveness. Although the citizen petition did not
address the CUBICIN (daptomycin) Powder for Injection, 250 mg/vial and
500 mg/vial

strengths, these strengths have also been discontinued. On our own
initiative, we have also determined whether these strengths were
withdrawn for safety or effectiveness reasons.
    After considering the citizen petition and reviewing Agency records
and based on the information we have at this time, FDA has determined
under Sec.  314.161 that CUBICIN (daptomycin) Powder for Injection, 250
mg/vial and 500 mg/vial, and CUBICIN RF (daptomycin) Powder for
Injection, 500 mg/vial, were not withdrawn from sale for reasons of
safety or effectiveness. The petitioner has identified no data or other
information suggesting that these drug products were withdrawn for
reasons of safety or effectiveness. We have carefully reviewed our
files for records concerning the withdrawal of CUBICIN (daptomycin)
Powder for Injection, 250 mg/vial and 500 mg/vial, and CUBICIN RF
(daptomycin) Powder for Injection, 500 mg/vial, from sale. We have also
independently evaluated relevant literature and data for possible
postmarketing adverse events. We have found no information that would
indicate that these drug products were withdrawn from sale for reasons
of safety or effectiveness.
    Accordingly, the Agency will continue to list CUBICIN (daptomycin)
Powder for Injection, 250 mg/vial and 500 mg/vial, and CUBICIN RF
(daptomycin) Powder for Injection, 500 mg/vial, in the ``Discontinued
Drug Product List'' section of the Orange Book. The ``Discontinued Drug
Product List'' delineates, among other items, drug products that have
been discontinued from marketing for reasons other than safety or
effectiveness. ANDAs that refer to these drug products may be approved
by the Agency as long as they meet all other legal and regulatory
requirements for the approval of ANDAs. If FDA determines that labeling
for these drug products should be revised to meet current standards,
the Agency will advise ANDA applicants to submit such labeling.

    Dated: August 2, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-16775 Filed 8-4-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 79, Number 234 (Friday, December 5, 2014)]
[Notices]
[Pages 72218-72219]
[FR Doc No: 2014-28549]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-423, OMB Control No.3235-0472]

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: U.S. Securities and
Exchange Commission, Office of FOIA Services, Washington, DC 20549-
2736.

Extension:
    Rule 15c1-6.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
existing collection of information provided for in Rule 15c1-

6 (17 CFR 240.15c1-6) under the Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) (Exchange Act).
    Rule 15c1-6 states that any broker-dealer trying to sell to or buy
from a customer a security in a primary or secondary distribution in
which the broker-dealer is participating or is otherwise financially
interested must give the customer written notification of the broker-
dealer's participation or interest at or before completion of the
transaction. The Commission estimates that 446 respondents collect
information annually under Rule 15c1-6 and that each respondent would
spend approximately 10 hours annually complying with the collection of
information requirement (approximately 4,460 hours in aggregate).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Background documentation for this information collection may be
viewed at the following Web site: www.reginfo.gov. Comments should be
directed to: (i) Desk Officer for the Securities and Exchange
Commission, Office of Information and Regulatory Affairs, Office of
Management and Budget, Room 10102, New Executive Office Building,
Washington, DC 20503 or by sending an email to:
<EMAIL_ADDRESS>and (ii) Pamela Dyson, Acting Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549, or by sending an
email to<EMAIL_ADDRESS>Comments must be submitted within 30 days
of this notice.

    Dated: December 1, 2014.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-28549 Filed 12-4-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: March 1, 2007 (Volume 72, Number 40)]
[Notices]
[Page 9322]
[DOCID:fr01mr07-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP99-176-127]

Natural Gas Pipeline Company of America; Notice of Negotiated
Rate

February 23, 2007.
    Take notice that on February 16, 2007, Natural Gas Pipeline Company
of America (Natural) tendered for filing as part of its FERC Gas
Tariff, Sixth Revised Volume No. 1, the following tariff sheets, to
become effective April 1, 2007, and the related Transportation Rate
Schedule FTS Agreement with a Negotiated Rate Exhibit (Agreement).

Second Revised Sheet No. 26W.12.
Original Sheet No. 414A.05.

    Natural states that copies of the filing are being mailed to all
parties set out on the Commission's official service list.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E7-3592 Filed 2-28-07; 8:45 am]

BILLING CODE 6717-01-P