[Federal Register Volume 81, Number 7 (Tuesday, January 12, 2016)]
[Notices]
[Page 1413]
[FR Doc No: 2016-00403]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL00-95-288]

San Diego Gas & Electric Company v. Sellers of Energy and
Ancillary Services Into Markets Operated by the California Independent
System Operator Corporation and the California Power Exchanges; Notice
of Compliance Filing

    Take notice that on January 4, 2016, Hafslund Energy Trading L.L.C.
submitted its compliance filing to Order on Rehearing of Opinion No.
536.\1\
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    \1\ San Diego Gas & Elec. Co. v. Sellers of Energy & Ancillary
Servs., 153 FERC ] 61,144 (2015) (``Order on Rehearing''), denying
reh'g and clarifying, San Diego Gas & Elec. Co. v. Sellers of Energy
& Ancillary Servs., 149 FERC ] 61,116 (2014).
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    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, 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 on or before the comment date. On or
before the comment date, it is not necessary to 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 5 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 email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on January 25, 2016.

    Dated: January 6, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-00403 Filed 1-11-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 241 (Monday, December 17, 2018)]
[Rules and Regulations]
[Pages 64435-64437]
[FR Doc No: 2018-27134]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1217; Product Identifier 2016-SW-080-AD; Amendment
39-19528; AD 2018-25-17]
RIN 2120-AA64

Airworthiness Directives; Air Comm Corporation Air Conditioning
Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Air
Comm Corporation (Air Comm) air conditioning systems installed on
various model helicopters. This AD requires replacing electrical
connectors and prohibits the installation of other parts. This AD was
prompted by reports of overheated connectors. The actions of this AD
are intended to address an unsafe condition on these products.

DATES: This AD is effective January 22, 2019.
    The Director of the Federal Register approved the incorporation by
reference of certain documents listed in this AD as of January 22,
2019.

ADDRESSES: For service information identified in this final rule,
contact Air Comm Corporation, 1575 West 124th Ave., Westminster, CO
80234; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>website
www.aircommcorp.com. You may review a copy of the referenced service
information at the FAA, Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177. It is
also available on the internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2017-1217.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1217; 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 incorporated-by-reference service information, the
economic evaluation, the Special Airworthiness Information Bulletin
(SAIB), any comments received, and other information. The street
address for Docket Operations (phone:<PHONE_NUMBER>) is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Matthew Bryant, Aerospace Engineer,
Denver ACO Branch, Compliance & Airworthiness Division, FAA, 26805 East
68th Ave., Room 214, Denver, CO 80249; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On January 11, 2018, at 83 FR 1313, the Federal Register published
our notice of proposed rulemaking (NPRM), which proposed to amend 14
CFR part 39 by adding an AD that would apply to Airbus Helicopters
Model AS350B, AS350B1, AS350B2, AS350B3, AS350BA, AS350C, AS350D,
AS350D1, and EC130B4, and Bell Model 206A, 206B, 206L, 206L-1, 206L-3,
and 206L-4, and 407 helicopters with certain part-numbered Air Comm air
conditioning systems installed. The NPRM proposed to require replacing
certain connectors with Air Comm connectors and to prohibit installing
certain part-numbered plugs, sockets, receptacles, and pin in some aft
evaporator assemblies, aft evaporator blower assemblies, and aft
condenser blowers. The proposed requirements were intended to address
the unsafe condition of an overheated connector, which could result in
a fire and subsequent loss of control of the helicopter.

Ex Parte Contact

    On April 17, 2018, after the comment period closed, we had a
teleconference with Air Comm about some of the Air Comm parts
identified in the NPRM. We subsequently continued this discussion by
email. Air Comm's comment during these discussions is addressed below.
A copy of each email contact and a summary of each telephone contact
can be found in the rulemaking docket at http://www.regulations.gov in
Docket No. FAA-2017-1217.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comment we received and the FAA's
response.

Request

    Air Comm requested that we review paragraph (e)(2) of the NPRM,
which lists aft evaporator assembly part number (P/N) AS350-6202. Air
Comm stated that this P/N is not part of the type design for the air
conditioning system. According to Air Comm, the

correct P/N is AS350-6202-1. In support of this request, Air Comm
provided the type design data for our review.
    We agree. Although Figure 1 of Air Comm Corporation Service
Bulletin (SB) AS350-111014, Revision B, dated January 10, 2017,
identifies the aft evaporator assembly as P/N AS350-6202, the correct
P/N is AS350-6202-1. We have corrected this error in this Final Rule.
    Further, because of Air Comm's comments, we conducted additional
review of the blower and wire harness drawings for the affected
components. As a result, we determined that plug P/N 03-09-1042 and
receptacle P/N 03-09-2042 were listed in error in the NPRM. These two
P/Ns are also not part of the type design for the air conditioning
system. Accordingly, we have removed these P/Ns from paragraph (e)(2)
of this Final Rule.

FAA's Determination

    We have reviewed the relevant information and determined that an
unsafe condition exists and is likely to exist or develop on other
products of these same type designs and that air safety and the public
interest require adopting the AD requirements as proposed with the
changes described previously. These changes are consistent with the
intent of the proposals in the NPRM and will not increase the economic
burden on any operator nor increase the scope of the AD.

Related Service Information Under 1 CFR Part 51

    Air Comm Corporation has issued SB AS350-111014, Revision B, dated
January 10, 2017, for Airbus Helicopters AS350 series helicopters and
SB EC130-6204, Revision B, dated January 10, 2017, for Airbus
Helicopters EC130 series helicopters. Air Comm Corporation has also
issued SB 206-110414 for Bell 206 series helicopters, Revision C, and
SB 407-110414 for Bell Model 407 helicopters, Revision D, both dated
January 13, 2017. This service information specifies inspecting certain
aft evaporator blower motor and certain condenser blower electrical
connectors for indications of overheating, discoloration, and plastic
deformation and performing a pull test. This service information also
specifies replacing connector housings and contacts that fail the
inspection or the pull test.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Other Related Service Information

    Air Comm Corporation has also issued the following:
     SB AS350-111014 and SB EC130-6204, both Revision A and
both dated July 6, 2016;
     SB 206-110414, Revision B, dated January 10, 2017, and
Revision A dated June 3, 2016; and
     SB 407-110414, Revision C, dated January 10, 2017, and
Revision B, dated July 6, 2016.
    This service information contains the same procedures described
above. However, SB AS350-111014 and SB EC130-6204, both Revision B and
dated January 10, 2017, contain additional instructions and figures for
the connectors. SB 206-110414, Revision C, and SB 407-110414, Revision
D, both dated January 13, 2017, contain minor corrections.

Differences Between This AD and the Service Information

    The Air Comm service information specifies a compliance time of 20
flight hours. This AD requires compliance within 90 hours time-in-
service. The Air Comm service information specifies inspecting each
connector and replacing the connector housings and contacts that have
any signs of overheating or that fail a pull test. This AD requires
replacing each connector without an inspection. This AD also prohibits
installing certain parts in certain part-numbered aft evaporator
assemblies, aft evaporator blower assemblies, and aft condenser
blowers.

Costs of Compliance

    We estimate that this AD affects 914 units installed on helicopters
of U.S. Registry. We estimate that operators may incur the following
costs in order to comply with this AD. Labor costs are estimated at $85
per work-hour.
    Replacing the connectors takes about 1 work-hour and parts cost
about $60 for a total estimated cost of $145 per helicopter and
$132,530 for the U.S. fleet.
    According to Air Comm's service information, some of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected individuals. We do not control warranty coverage by Air
Comm. Accordingly, we have included all costs in our cost estimate.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979);
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction; and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

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):

2018-25-17 Air Comm Corporation (Air Comm) Air Conditioning Systems:
Amendment 39-19528; Docket No. FAA-2017-1217; Product Identifier
2016-SW-080-AD.

(a) Applicability

    This AD applies to the following helicopters, certificated in
any category:
    (1) Airbus Helicopters Model AS350B, AS350B1, AS350B2, AS350B3,
AS350BA, AS350C, AS350D, and AS350D1 helicopters with an Air Comm
air conditioning system part number (P/N) AS350-202-1, AS350-202-2,
AS350-202-3, AS350-202-4, AS350-202-5, AS350-204-1, AS350-204-2,
AS350-204-3, AS350-204-4, AS350-204-5, AS350-204-6, AS350-204-7,
AS350-204-8, AS350-204-9, AS350-204-10, AS350-204-11, or AS350-204-
12 installed.
    (2) Airbus Helicopters Model EC130B4 helicopters with an Air
Comm air conditioning system P/N EC130-202-1, EC130-202-2, EC130-
202-3, EC130-202-4, EC130-202-5, EC130-202-6, EC130-202-7, or EC130-
202-8 installed.
    (3) Bell Helicopter Textron Canada Limited (Bell) Model 206A,
206B, 206L, 206L-1, 206L-3, and 206L-4 helicopters with an Air Comm
air conditioning system P/N 206EC-200, 206EC-201, 206EC-202, 206EC-
203, 206EC-204, 206EC-205, 206EC-206, 206EC-207, 206EC-208, 206EC-
209, 206EC-210, 206EC-211, or 206EC-212 installed.
    (4) Bell Model 407 helicopters with an Air Comm air conditioning
system P/N 407 EC-201, 407 EC-202, or 407 EC-203 installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as an overheated connector.
This condition could result in a fire and subsequent loss of control
of the helicopter.

(c) Effective Date

    This AD becomes effective January 22, 2019.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    (1) Within 90 hours time-in-service:
    (i) For Airbus Helicopters Model AS350B, AS350B1, AS350B2,
AS350B3, AS350BA, AS350C, AS350D, and AS350D1 helicopters, replace
each aft evaporator blower motor connector with an Air Comm
connector as depicted in Figures 2, 3, and 4 of Air Comm Service
Bulletin (SB) SB AS350-1110014, Revision B, dated January 10, 2017,
by using a Deutsch HDT-48-00 or an equivalent MIL-DTL22520 Type 1
crimping tool.
    (ii) For Airbus Helicopters Model EC130B4 helicopters, replace
each aft evaporator blower motor connector with an Air Comm
connector as depicted in Figures 2, 3, and 4 of Air Comm SB EC130-
6204, Revision B, dated January 10, 2017, by using a Deutsch HDT-48-
00 or an equivalent MIL-DTL22520 Type 1 crimping tool.
    (iii) For Bell Model 206A, 206B, 206L, 206L-1, 206L-3, and 206L-
4 helicopters, replace each aft evaporator blower motor connector
with an Air Comm connector as depicted in Figures 4, 5, and 6 of Air
Comm SB 206-110414, Revision C, dated January 13, 2017, by using a
Deutsch HDT-48-00 or an equivalent MIL-DTL22520 Type 1 crimping
tool.
    (iv) For Bell Model 407 helicopters, replace each aft evaporator
blower motor connector with an Air Comm connector as depicted in
Figures 4, 5, and 6 of Air Comm SB 407-110414, Revision D, dated
January 13, 2017, by using a Deutsch HDT-48-00 or an equivalent MIL-
DTL22520 Type 1 crimping tool.
    (2) After the effective date of this AD, do not install the
following in any aft evaporator assembly P/Ns AS350-6202-1, EC130-
6204-1, or EC130-6204-2; aft evaporator blower assembly P/Ns S-
6078EC-15, S-6102EC-3, or S-6102EC-4; or aft condenser blower P/Ns
S-7060EC-1, S-7060EC-2, S-7062EC-1 or S-7062EC-2:
    (i) Plug P/N 03-09-1022 and 03-09-1032;
    (ii) Socket P/N 02-09-1103 and 02-09-1104;
    (iii) Receptacle P/N 03-09-2022 and 03-09-2032; and
    (iv) Pin P/N 02-09-2103.

(f) Credit for Previous Actions

    Replacing the connectors before the effective date of this AD in
accordance with Air Comm SB 206-110414, Revision A, dated June 3,
2016; SB AS350-111014 or SB EC130-6204, both Revision A and both
dated July 6, 2016; SB 407-110414, Revision B, dated July 6, 2016;
SB 206-110414, Revision B, dated January 10, 2017; or SB 407-110414,
Revision C, dated January 10, 2017, is considered acceptable for
compliance with the corresponding required actions specified in
paragraph (e)(1) of this AD.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Denver ACO Branch, FAA, may approve AMOCs for
this AD. Send your proposal to: Matthew Bryant, Aerospace Engineer,
Denver ACO Branch, Compliance & Airworthiness Division, FAA, 26805
East 68th Ave., Room 214, Denver, CO 80249; telephone (303) 342-
1092; email<EMAIL_ADDRESS>and<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(h) Additional Information

    Air Comm SB 206-110414, Revision A, dated June 3, 2016; SB
AS350-111014 or SB EC130-6204, both Revision A and both dated July
6, 2016; SB 407-110414, Revision B, dated July 6, 2016; SB 206-
110414, Revision B, dated January 10, 2017; and SB 407-110414,
Revision C, dated January 10, 2017, which are not incorporated by
reference, contain additional information about the subject of this
AD. For service information identified in this AD, contact Air Comm
Corporation, 1575 West 124th Ave., Westminster, CO 80234; telephone
(303) 440-4075; email<EMAIL_ADDRESS>website
www.aircommcorp.com. You may review a copy of this service
information at the FAA, Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 2197, Air
Conditioning System Wiring.

(j) 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) Air Comm Corporation Service Bulletin (SB) SB AS350-111014,
Revision B, dated January 10, 2017.
    (ii) Air Comm Corporation SB EC130-6204, Revision B, dated
January 10, 2017.
    (iii) Air Comm Corporation SB 206-110414, Revision C, dated
January 13, 2017.
    (iv) Air Comm Corporation SB 407-110414, Revision D, dated
January 13, 2017.
    (3) For Air Comm service information identified in this AD,
contact Air Comm Corporation, 1575 West 124th Ave., Westminster, CO
80234; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
website www.aircommcorp.com.
    (4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. 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, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on December 7, 2018.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2018-27134 Filed 12-14-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Rules and Regulations]
[Pages 4580-4583]
[FR Doc No: 2016-01557]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 746

[Docket No. 151208999-5999-01]
RIN 0694-AG79

Cuba Licensing Policy Revisions

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This rule amends the exceptions to the general policy of
denial in the Export Administration Regulations (EAR) for exports and
reexports to Cuba by identifying additional types of exports and
reexports that are subject to a general policy of approval: items for
safety of civil aviation and safe operation of commercial aircraft
engaged in international air transportation, certain telecommunications
and agricultural items, items to human rights organizations or
individuals and non-governmental organizations that promote independent
activity intended to strengthen civil society in Cuba, and items for
use by U.S. news bureaus. This rule also amends the exceptions to the
general policy of denial in the EAR for exports and reexports to Cuba
by identifying types of exports and reexports that will be reviewed to
determine, on a case-by-case basis, whether such transactions meet the
needs of the Cuban people, including exports and reexports for this
purpose made to state-owned enterprises and agencies and organizations
of the Cuban government that provide goods and services to the Cuban
people. BIS is making these changes to further implement the
Administration's policy

of empowering and engaging the Cuban people. This rule retains the
prohibition on the export or reexport of items subject to the EAR to
Cuba without a license or applicable license exception.

DATES: This rule is effective January 27, 2016.

FOR FURTHER INFORMATION CONTACT: Foreign Policy Division, Office of
Nonproliferation and Treaty Compliance, Bureau of Industry and
Security, Phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    On December 17, 2014, the President announced a historic new
approach in U.S. policy toward Cuba. This approach recognized that
increased commerce benefits the American and Cuban people, and sought
to make the lives of ordinary Cubans easier and more prosperous. On
January 16, 2015, the Bureau of Industry and Security (BIS) amended the
Export Administration Regulations (EAR) to create License Exception
Support for the Cuban People (SCP), which authorizes the export and
reexport, without a license, of certain items to, among other
objectives, improve the living conditions of the Cuban people (see 80
FR 2286). That rule also established a licensing policy of case-by-case
review of license applications for the export and reexport to Cuba of
telecommunications items to contribute to the ability of the Cuban
people to communicate with one another and with people in the United
States and the rest of the world.
    On July 22, 2015, BIS published a rule implementing the May 29,
2015, rescission of Cuba's designation as a state sponsor of terrorism
(see 80 FR 43314). That rule expanded certain license exception
availability for exports and reexports to Cuba, including making
general aviation aircraft eligible for temporary sojourns to Cuba.
    On September 21, 2015, BIS published a rule to enhance support for
the Cuban people (see 80 FR 56898). This rule expanded the scope of
transactions that are eligible for License Exception SCP and made
certain vessels on temporary sojourn to Cuba eligible for a license
exception.
    To further engage and empower the Cuban people, this rule amends
the licensing policy in Sec.  746.2 of the EAR to add a general policy
of approval for certain exports and reexports previously subject to
case-by case review and a policy of case-by-case review for exports and
reexports of items not eligible for License Exception SCP to meet the
needs of the Cuban people, including exports and reexports for this
purpose made to state-owned enterprises and agencies and organizations
of the Cuban government that provide goods and services to the Cuban
people. BIS is taking this action in coordination with the Department
of the Treasury, Office of Foreign Assets Control, which is amending
the Cuban Assets Control Regulations (31 CFR part 515). The specific
terms and limitations of this policy are more fully discussed below.

Specific Changes Made by This Rule

    This rule revises the licensing policy from possible approval on a
case-by-case basis to a general policy of approval for exports and
reexports of:
     Telecommunications items that would improve communications
to, from, and among the Cuban people;
     Certain commodities and software to human rights
organizations or to individuals and non-governmental organizations that
promote independent activity intended to strengthen civil society in
Cuba;
     Commodities and software to U.S. news bureaus in Cuba
whose primary purpose is the gathering and dissemination of news to the
general public; and
     Agricultural items that are outside the scope of
``agricultural commodities'' as defined in part 772 of the EAR (such as
insecticides, pesticides and herbicides) as well as agricultural
commodities not eligible for License Exception Agricultural commodities
(AGR) (such as those that are specified in an entry on the Commerce
Control List, i.e., are not designated EAR99).
     Items that are necessary to ensure the safety of civil
aviation and the safe operation of commercial aircraft engaged in
international air transportation, including the export or reexport of
such aircraft leased to state-owned enterprises. Given a substantial
increase in air travel to and from Cuba, BIS is making the change to
emphasize the importance of civil aviation safety and to recognize that
access to aircraft used in international air transportation that meet
U.S. Federal Aviation Administration and European Aviation Safety
Agency operating standards by Cuban state-owned enterprises contributes
to that safety.
    These revisions are consistent with long-standing licensing
practice for such exports and reexports.
    This rule also amends the exceptions to the general policy of
denial by adopting a case-by-case review policy for exports and
reexports of certain items to meet the needs of the Cuban people,
including exports and reexports to state-owned enterprises, agencies,
and other organizations of the Cuban government that provide goods and
services for the use and benefit of the Cuban people. This case-by-case
review policy includes exports and reexports of items for agricultural
production, artistic endeavors (including the creation of public
content, historic and cultural works and preservation), education, food
processing, disaster preparedness, relief and response, public health
and sanitation, residential construction and renovation and public
transportation. The policy also includes exports and reexports of items
for use in construction of: facilities for treating public water
supplies, facilities for supplying electricity or other energy to the
Cuban people, sports and recreation facilities, and other
infrastructure that directly benefits the Cuban people. Additionally,
it includes exports and reexports to wholesalers and retailers of items
for domestic consumption by the Cuban people.
    BIS is implementing this policy to further facilitate exports and
reexports to meet the needs of the Cuban people. This licensing policy
is consistent with long-standing policy to support the Cuban people.
Accordingly, BIS will continue to apply a general policy of denial for
applications to export or reexport items for use by state-owned
enterprises, agencies, or other organizations of the Cuban government
that primarily generate revenue for the state, including those engaged
in tourism and those engaged in the extraction or production of
minerals or other raw materials. Additionally, applications to export
or reexport items destined to the Cuban military, police, intelligence
and security services remain subject to a general policy of denial.
Licenses issued under this case-by-case review licensing policy
generally will have a condition prohibiting both reexports from Cuba to
any other destination and uses that enable or facilitate the export of
goods or services from Cuba to third countries. BIS anticipates these
revisions will significantly benefit the Cuban people, while not
significantly increasing overall exports to Cuba's state-run economy.
    This rule also adds the term ``reexport'' to the existing statement
of a policy of case-by-case review of applications for aircraft or
vessels on temporary sojourn to Cuba. The change reflects BIS's
practice of generally applying the same licensing policy to exports and
reexports of a given item.
    Finally, this rule consolidates the statements of licensing policy
for exports and reexports to Cuba. Prior to this rule, the policies
were described in six paragraphs and like policies existed

in several non-adjacent paragraphs with slightly different wording.
Under this rule, the policies will be stated in three paragraphs based
upon licensing policy. One paragraph applies to medicine and medical
devices, which are subject to certain statutorily mandated policies.
This rule makes no changes to the text of that paragraph. A second
paragraph describes transactions that are subject to a general policy
of approval, including transactions for which the general policy of
approval predates this rule. A third paragraph describes transactions
that may be authorized on a case-by-case basis, including transactions
for which the policy of case-by-case review predates this rule.
Additionally, the rule adopts uniform terminology to describe case-by-
case review of license applications and removes some superfluous text.
All of the changes described in this paragraph are intended to improve
clarity and readability of the EAR, and none of them are substantive
changes to licensing policy.

Export Administration Act

    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March
8, 2013, 78 FR 16129 (March 13, 2013), and as extended by the Notice of
August 7, 2015, 80 FR 48233 (August 11, 2015), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act. BIS continues to carry out the provisions of the
Export Administration Act, as appropriate and to the extent permitted
by law, pursuant to Executive Order 13222 as amended by Executive Order
13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a ``significant regulatory
action,'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, the rule has been reviewed by the
Office of Management and Budget (OMB).
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) control number. This rule
involves a collection of information approved under OMB control number
0694-0088--Simplified Network Application Processing+ System (SNAP+)
and the Multipurpose Export License Application, which carries an
annual estimated burden of 31,833 hours. BIS believes that this rule
will have no material impact on that burden. To the extent that it has
any impact, BIS believes that the benefits of this rule justify any
additional burden it creates. This rule does not impose any new license
requirements, it creates less restrictive licensing policies (i.e., the
policies under which the decision to approve or deny a license
application is made) for exports and reexports to Cuba. These less
restrictive policies might increase the number of license applications
submitted to BIS because applicants might be more optimistic about
obtaining approval. However, the benefit to license applicants in the
form of greater likelihood of approval justifies any additional burden.
Send comments regarding this burden estimate or any other aspect of
this collection of information, including suggestions for reducing the
burden, to Jasmeet K. Seehra, Office of Management and Budget, by email
at<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER> and to William Arvin
at<EMAIL_ADDRESS>    3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking and the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military or foreign affairs function
of the United States (see 5 U.S.C. 553(a)(1)). This rule is a part of a
foreign policy initiative to change the nature of the relationship
between Cuba and the United States announced by the President on
December 17, 2014. Delay in implementing this rule to obtain public
comment would undermine the foreign policy objectives that the rule is
intended to implement. Further, no other law requires that a notice of
proposed rulemaking and an opportunity for public comment be given for
this rule. Because a notice of proposed rulemaking and an opportunity
for public comment are not required to be given for this rule under 5
U.S.C. 553, or by any other law, the requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable.

List of Subjects in 15 CFR Part 746

    Exports, Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, 15 CFR Chapter VII,
Subchapter C is amended as follows:

PART 746--[AMENDED]

0
1. The authority citation for 15 CFR part 746 continues to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 287c; Sec 1503, Pub. L. 108-11, 117 Stat. 559; 22 U.S.C.
6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR
36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR,
1994 Comp., p. 899; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., p 168; Presidential
Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003;
Presidential Determination 2007-7 of December 7, 2006, 72 FR 1899
(January 16, 2007); Notice of May 6, 2015, 80 FR 26815 (May 8,
2015); Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

0
2. Section 746.2 is amended by revising paragraphs (b)(2) and (b)(3)
and removing paragraphs (b)(4), (b)(5) and (b)(6) to read as follows:

Sec.  746.2  Cuba.

* * * * *
    (b) * * *
    (2) Exports and reexports that generally will be approved.
Applications for licenses to export or reexport the following generally
will be approved:
    (i) Telecommunications items that would improve communications to,
from, and among the Cuban people;
    (ii) Commodities and software to human rights organizations or to
individuals and non-governmental organizations that promote independent
activity intended to strengthen civil society in Cuba;
    (iii) Commodities and software to U.S. news bureaus in Cuba whose
primary purpose is the gathering and dissemination of news to the
general public;
    (iv) Agricultural items that are outside the scope of agricultural
commodities as defined in part 772 of the EAR, such as insecticides,
pesticides and herbicides, and agricultural commodities not eligible
for License Exception AGR;

    (v) Items necessary to ensure the safety of civil aviation and the
safe operation of commercial aircraft engaged in international air
transportation, including the export or reexport of such aircraft
leased to state-owned enterprises; and
    (vi) Items necessary for the environmental protection of U.S. and
international air quality, waters, or coastlines (including items
related to renewable energy or energy efficiency).
    (3) Exports and reexports that may be authorized on a case-by-case
basis. (i) Applications for licenses to export or reexport items to
meet the needs of the Cuban people, including exports and reexports of
such items to state-owned enterprises, agencies, and other
organizations of the Cuban government that provide goods and services
for the use and benefit of the Cuban people may be authorized on a
case-by-case basis. This policy of case-by-case review includes
applications for licenses to export or reexport items for:
    (A) Agricultural production, artistic endeavors (including the
creation of public content, historic and cultural works and
preservation), education, food processing, disaster preparedness,
relief and response, public health and sanitation, residential
construction and renovation and public transportation;
    (B) Wholesale and retail distribution for domestic consumption by
the Cuban people; and
    (C) Construction of facilities for treating public water supplies,
facilities for supplying electricity or other energy to the Cuban
people, sports and recreation facilities, and other infrastructure that
directly benefits the Cuban people.

    Note 1 to paragraph (b)(3)(i): Licenses issued pursuant to the
policy set forth in this paragraph generally will have a condition
prohibiting both reexports from Cuba to any other destination and
uses that enable or facilitate the export of goods or services from
Cuba to third countries.

    Note 2 to paragraph (b)(3)(i): The policy of case-by-case review
in this paragraph is intended to facilitate exports and reexports to
meet the needs of the Cuban people. Accordingly, BIS generally will
deny applications to export or reexport items for use by state-owned
enterprises, agencies, and other organizations that primarily
generate revenue for the state, including those engaged in tourism
and those engaged in the extraction or production of minerals or
other raw materials. Applications for export or reexport of items
destined to the Cuban military, police, intelligence or security
services also generally will be denied.

    (ii) Applications for exports or reexports of aircraft or vessels
on temporary sojourn to Cuba either to deliver humanitarian goods or
services, or consistent with the foreign policy interests of the United
States, may be authorized on a case-by-case basis.
* * * * *

     Dated: January 21, 2016.
Penny Pritzker,
Secretary of Commerce.
[FR Doc. 2016-01557 Filed 1-26-16; 8:45 am]
 BILLING CODE 3510-33-P


[Federal Register Volume 82, Number 110 (Friday, June 9, 2017)]
[Notices]
[Page 26791]
[FR Doc No: 2017-12016]

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

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9033-6]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EISs)
Filed 05/29/2017 Through 06/02/2017
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

EIS No. 20170094, Final, NMFS, OR, Analyze Impacts of NOAA's National
Marine Fisheries Service Proposed Approval of the Continued Operation
of 10 Hatchery Facilities for Trout, Salmon, and Steelhead Along the
Oregon Coast, as Described in Oregon Department of Fish and Wildlife
Hatchery and Genetic Management Plans Pursuant to Section 4(d) of the
Endangered Species Act, Review Period Ends: 07/10/2017, Contact: Lance
Kruzic,<PHONE_NUMBER>.
EIS No. 20170095, Draft, USFWS, CA, Yolo Habitat Conservation Plan/
Natural Community Conservation Plan, Comment Period Ends: 08/29/2017,
Contact: Mike Thomas<PHONE_NUMBER>.
EIS No. 20170096, Final, USACE, MS, Port of Gulfport Expansion Project,
Review Period Ends: 07/10/2017, Contact: Philip Hegji<PHONE_NUMBER>.
EIS No. 20170097, Draft Supplement, USFS, CO, Federal Coal Lease
Modifications COC-1362 & COC-67232, Comment Period Ends: 07/24/2017,
Contact: Niccole Mortenson<PHONE_NUMBER>.

    Dated: June 6, 2017.
Dawn Roberts,
Management Analyst, NEPA Compliance Division, Office of Federal
Activities.
[FR Doc. 2017-12016 Filed 6-8-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 81 (Friday, April 26, 2019)]
[Notices]
[Page 17823]
[FR Doc No: 2019-08427]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER19-1621-000]

Great American Gas & Electric, LLC; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Great American Gas & Electric, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is May 9, 2019.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link
above. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
[email protected]. or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: April 19, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-08427 Filed 4-25-19; 8:45 am]
BILLING CODE 6717-01-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on October 24, 2003

   NOTICE OF ACTION TAKEN -- DOCKET OST-2003-16213

________________________________________________________________________
_________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Joint Application of  United Air Lines, Inc. and Air China International
Corp.    filed   9/22/03  for:

XX  Exemption for United under 49 U.S.C. 40109 to provide the following
service:

Scheduled foreign air transportation of persons, property, and mail, in
combination or separately, between any point or points in the United
States, and any point or points in the People’s Republic of China.
United intends to operate this service pursuant to a reciprocal
code-share arrangement with Air China International Corp.

XX  Statement of authorization for United under CFR Part 212 to:

Permit United to display the “CA” code of Air China on flights
operated by United between (1) any points or points in the United
States, and any point or points in China, and (2) Air China’s
coterminal gateways, as well as between each of those gateways, and 30
additional points in the United States selected by China.

XX  Exemption for Air China under 49 U.S.C. 40109 to provide the
following service:

Scheduled foreign air transportation of persons, property, and mail, in
combination or separately, between any point or points in the People’s
Republic of China, and any point or points in the United States,
pursuant to its code-share arrangement with United.

XX  Statement of authorization for Air China under 14 CFR Part 212 to:

Permit Air China to display the “UA” code of United on flights
operated by Air China between

(1) any point or points in the People’s Republic of China, and
China’s U.S. coterminal gateways, and (2) United’s coterminal
Chinese gateways, as well as between each of those gateways, and 20
additional points in China selected by the United States.

Applicant reps: Jeffrey A. Manley<PHONE_NUMBER> (UA)  DOT Analyst:
Sylvia Moore<PHONE_NUMBER>

                          George N. Tompkins,  Jr,<PHONE_NUMBER> ( Air
China)

2

D I S P O S I T I O N

XX  Granted  (subject to conditions, see below)

The above action with respect to United’s exemption authority was
effective when taken:  October 24, 2003, through    October 24, 2005

The above action with respect to Air China’s exemption authority was
effective when taken:  October 24, 2003, through  October 24, 2004

The statements of authorization granted were effective when taken:
October 24, 2003, and will remain in effect indefinitely, subject to the
conditions listed below.

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and the People’s Republic of China.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  XX United’s
certificates of public convenience and necessity

	   XX  Air China’s foreign air carrier permit

	   XX  Standard exemption conditions (Attachments B & C)

_____________________

Remarks:  To afford the carriers maximum flexibility to adjust
code-share operations as market conditions warrant and to enhance
administrative efficiency, we have decided to grant the broad statements
of authorization requested by United and Air China, subject to a 30-day
notice requirement to identify specific points prior to the commencement
of new services, and to grant the related exemption authority needed to
support such operations.  (See conditions below.)  The authority we are
awarding is expressly conditioned so as to be limited by the terms of
the aviation agreement between the United States and the People’s
Republic of China.

The statements of authorization granted are subject to the following
conditions:

(a)	The statements of authorization will remain in effect only as long
as (i) United and Air China continue to hold the necessary underlying
authority to operate the code-share services at issue, and (ii) the
code-share agreement providing for the code-share operations remains in
effect.

(b)	United and/or Air China must promptly notify the Department (Office
of International Aviation) if the code-share agreement providing for the
code-share operations is no longer effective or if the carriers decide
to cease operating all or a portion of the approved code-share services.
 Such notices should be filed in Docket OST-2003-15805.

(c)	United and/or Air China must notify the Department no later than 30
days before they begin any new code-share service under the code-share
services authorized here.  Such notice shall identify the market(s) to
be served, which carrier will be operating the aircraft in the
code-share market added, and the date on which the service will being.
(Such notice should be filed in this Docket.)

(d)	The code-sharing conducted under this authority must comply with
Part 257 and with any amendments to the Department’s regulations
concerning code-share arrangements that may be adopted.

3

Notwithstanding any provisions in the contract between the carriers, our
approval here is expressly conditioned upon the requirements that the
subject foreign air transportation be sold in the name of the

carrier holding out such service in the computer reservation systems and
elsewhere; that the carrier selling

such transportation (i.e., the carrier shown on the ticket) accept
responsibility for the entirety of the code-share journey for all
obligations established in its contract of carriage with the passenger;
and that the

passenger liability of the operating carrier be unaffected.  Further,
the operating carrier shall not permit the

code of its U.S. air carrier code-sharing partner to be carried on any
flights that enter, depart, or transit the airspace of any area for
whose airspace the Federal Aviation Administration has issued a flight
prohibition.

(e)	The authority granted here is specifically conditioned so that
neither United nor Air China shall give any force or effect to any
contractual provisions between themselves that are contrary to these
conditions.

(f)	The authority for Air China to display its code on flights operated
by United, and the authority for United to display its code on flights
operated by Air China, shall be limited to those code-share points which
may be served under the aviation agreement between the United States and
the People’s Republic of China.

________________________________________________________________________

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the carriers qualified to provide the
exemption services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy, Policy and Conservation Act of 1975.
 To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

										Attachment A

United’s “UA” Code on Air China’s  Trans-pacific Flights

Beijing – New York (JFK)

Beijing – Shanghai - Los Angeles

Beijing – San Francisco

United’s “UA” Code on Air China’s Intra-China Flights

Beijing – Guangzhou

Beijing – Shanghai

Beijing – Shenzhen

Beijing – Shenyang

Beijing – Fuzhou

Beijing – Xian

Beijing – Chengdu

Beijing – Chongqing

Air China’s “CA” Code on United’s Trans-pacific Flights

Chicago – Beijing

Chicago – San Francisco –Shanghai

Air China’s “CA” Code on United’s Intra-U.S. Flights

Chicago – Atlanta		Chicago – Boston			     Chicago – Dallas/Ft.
Worth

Chicago – Honolulu		Chicago – Houston		     Chicago – Las Vegas

Chicago – Miami			Chicago – Minneapolis/St. Paul	     Chicago –
Philadelphia

Chicago – Phoenix		Chicago – Portland		     Chicago – Washington,
DC

Chicago – Seattle

Los Angeles – Atlanta		Los Angeles – Boston		     Los Angeles –
Dallas/Ft. Worth

Los Angeles – Honolulu		Los Angeles – Houston		     Los Angeles –
Las Vegas

Los Angeles – Miami		Los Angeles – Minneapolis/St. Paul     Los
Angeles – Philadelphia

Los Angeles – Phoenix		Los Angeles – Portland		     Los Angeles –
Washington, DC

Los Angeles – Seattle

New York – Atlanta		New York – Boston		     New York – Dallas/Ft.
Worth

New York – Honolulu		New York – Houston		     New York – Las Vegas

New York – Miami		New York – Minneapolis/St. Paul        New York
– Philadelphia

New York – Phoenix		New York – Portland		     New York –
Washington, DC

New York – Seattle

San Francisco – Atlanta		San Francisco – Boston		     San
Francisco-Dallas/Ft. Worth

San Francisco – Honolulu		San Francisco – Houston		     San
Francisco – Las Vegas

San Francisco – Miami		San Francisco – Minneapolis/St. Paul  San
Francisco – Philadelphia

San Francisco – Phoenix		San Francisco – Portland		     San
Francisco–Washington, DC

San Francisco - Seattle

										Attachment B

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security.  To assure compliance with all applicable U.S.
Government requirements concerning security, the holder shall, before
commencing any new service (including charter flights) to or from a
foreign airport, contact its Principal Security Inspector (PSI) to
advise the PSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

										08/2003

				Attachment C

Foreign Carrier Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its Principal Security Inspector (PSI) to advise the PSI of its
plans and to find out whether the Transportation Security Administration
has determined that security is adequate to allow such airport(s) to be
served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.
This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

											 08/2003

 China has already selected Boston, Dallas/Ft. Worth, Detroit, Houston,
Las Vegas, Miami, Minneapolis/St. Paul, Philadelphia, Phoenix, and
Washington, DC as some of the 30 additional U.S. points to be served on
a code-share only basis beyond the designated gateways  (Anchorage,
Atlanta, Chicago, Fairbanks, Honolulu, Los Angeles, New York, Portland,
San Francisco, and Seattle). (See Attachment A for the routes United and
Air China initially propose to serve.)

 The United States has selected Chengdu, Nanjing, Qingdao, Shenyang,
Xiamen, Xian, Wuhan, Fuzhou, Guilin, Kunming, Changsha, Dalian,
Chongqing, Shenzhen, Nanning, Harbin, Changchun, Zhengzhou, Nanchang,
and Lanzhou as those 20 additional China points to be served on a
code-share only basis beyond the Chinese gateways (Beijing, Guangzhou,
and Shanghai).  (See Attachment A for the routes United and Air China
initially propose to serve.)

 We expect this notification to be received within 10 days of such
non-effectiveness or of such decision.

 We note that the code-share agreement as submitted did not include
provisions regarding exclusive dealings between the code-share parties.
Should the parties subsequently amend their code-share agreement or any
other agreement affecting the code-share services to include a provision
relating to an exclusive arrangement between the parties, that amended
language must first be submitted for consideration by the Department.