[Federal Register Volume 77, Number 125 (Thursday, June 28, 2012)]
[Rules and Regulations]
[Pages 38470-38472]
[FR Doc No: 2012-15426]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0330; Directorate Identifier 2011-NM-116-AD;
Amendment 39-17103; AD 2012-13-01]
RIN 2120-AA64

Airworthiness Directives; Saab AB, Saab Aerosystems Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Saab AB, Saab Aerosystems Model 340A (SAAB/SF340A) and SAAB 340B
airplanes. This AD was prompted by reports indicating that wear of the
elevator pushrods has occurred on some airplanes after extended time in
service. This AD requires determining if a certain part number is
installed, performing a detailed inspection for individual play between
the elevator pushrod assembly and degradation of elevator pushrod
assembly, and replacing the affected elevator pushrod assembly with a
new elevator pushrod assembly if necessary. We are issuing this AD to
prevent a free elevator from affecting the pitch control authority,
which may result in reduced controllability of the airplane.

DATES: This AD becomes effective August 2, 2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 2,
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace

Engineer, International Branch, ANM-116, Transport Airplane
Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on April 2, 2012 (77 FR
19565). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    Field experience has indicated that wear of the elevator pushrod
has occurred on some aeroplanes after extended time in service.
Although properly installed, the locknut has been able to back off
within a limited range, leading to degradation of the pushrod which
causes backlash in between the rod end threads.
    This condition, if not detected and corrected, may lead to a
free elevator affecting the pitch control authority, possibly
resulting in reduced control of the aeroplane.
    To address this unsafe condition, SAAB AB Aeronautics have
issued Service Bulletin (SB) 340-27-100, accomplishment of which
will reduce the probability for backlash and minimize the
possibility of failure in the pitch control system.
    For the reasons described above, this [EASA] AD requires the
identification of the pushrod assembly Part Number (P/N) as
installed on the aeroplane, replacement of P/N TDF11755 pushrod
assemblies, inspection of P/N 12003-33 and P/N R20990 elevator
pushrod assemblies [for individual play between the elevator pushrod
assembly and degradation of elevator pushrod assembly] and
corrective actions [replacement], depending on findings.

You may obtain further information by examining the MCAI in the AD
docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (77 FR 19565, April 2,
2012) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Costs of Compliance

    We estimate that this AD will affect 162 products of U.S. registry.
We also estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $13,770, or $85 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 7 work-hours and require parts costing $1,588 for a cost of
$2,183 per product. We have no way of determining the number of
products that may need these actions.

Authority for This Rulemaking

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

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM (77 FR 19565, April 2, 2012),
the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

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 AD:

2012-13-01 Saab AB, Saab Aerosystems: Amendment 39-17103. Docket No.
FAA-2012-0330; Directorate Identifier 2011-NM-116-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective August 2,
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Saab AB, Saab Aerosystems Model 340A (SAAB/
SF340A) and SAAB 340B airplanes, certificated in any category, all
serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 27: Flight
Controls.

(e) Reason

    This AD was prompted by reports indicating that wear of the
elevator pushrods has occurred on some airplanes after extended time
in service. We are issuing this AD to prevent a free elevator from
affecting the pitch control authority, which may result in reduced
controllability of the airplane.

(f) Compliance

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

(g) Inspection To Determine the Part Number

    Within the applicable time specified in table 1 of this AD,
inspect each elevator pushrod assembly to determine the part number
(P/N).

    (1) If a P/N TDF11755 elevator pushrod assembly is installed, or
if the part number cannot be determined: Before further flight,
replace the affected elevator pushrod assembly with a P/N R20990
elevator pushrod assembly, in accordance with the Accomplishment
Instructions of Saab Service Bulletin 340-27-100, dated February 1,
2011.
    (2) If a P/N 12003-33 or P/N R20990 elevator pushrod assembly is
installed: Do a detailed inspection for individual play between the
rod end and the pushrod at the locking device and degradation of the
elevator pushrod assembly (including rod end threads not visible
through the inspection hole in the pushrod, and the nut and locking
device not properly locked with the lock wire), in accordance with
the Accomplishment Instructions of Saab Service Bulletin 340-27-100,
dated February 1, 2011.

                        Table 1--Compliance Times
------------------------------------------------------------------------
  Total flight hours accumulated as of
     the  effective date of this AD              Compliance time
------------------------------------------------------------------------
For airplanes with 30,000 total flight   Within 6 months after the
 hours or more.                           effective date of this AD.
For airplanes with 28,000 total flight   Before the accumulation of
 hours or more, but less than 30,000      30,000 total flight hours or
 total flight hours.                      within 6 months after the
                                          effective date of this AD,
                                          whichever occurs later.
For airplanes with less than 28,000      Before the accumulation of
 total flight hours.                      30,000 total flight hours.
------------------------------------------------------------------------

(h) Corrective Action

    If, during the inspection of the elevator pushrod assembly
required by paragraph (g)(2) of this AD, individual play between the
rod end and the pushrod at the locking device, or degradation of the
elevator pushrod assembly (including rod end threads not visible
through the inspection hole in the pushrod, and the nut and locking
device not properly locked with the lock wire) is found: Before
further flight, replace the affected elevator pushrod assembly with
a new elevator pushrod assembly, P/N R20990, in accordance with the
Accomplishment Instructions of Saab Service Bulletin 340-27-100,
dated February 1, 2011.

(i) Parts Installation

    As of the effective date of this AD, no person may install an
elevator pushrod assembly with P/N TDF11755, on any airplane.

(j) Reporting Requirement

    Submit a report of the findings (both positive and negative) of
the inspection and replacement required by paragraphs (g) and (h) of
this AD to Saab AB, Support and Services, SE-581 88 Link[ouml]ping,
Sweden; fax +46 13 18 48 74; email
<EMAIL_ADDRESS>at the applicable time specified
in paragraph (j)(1) or (j)(2) of this AD.
    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this
AD: Submit the report within 30 days after the effective date of
this AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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 International
Branch, send it to ATTN: Shahram Daneshmandi, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1112; fax<PHONE_NUMBER>. Information may be emailed to<EMAIL_ADDRESS>Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the local flight standards district
office/certificate holding district office. The AMOC approval letter
must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

(l) Related Information

    Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2011-0078, dated May 5, 2011; and Saab Service Bulletin
340-27-100, dated February 1, 2011; for related information.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the following service
information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise.
    (i) Saab Service Bulletin 340-27-100, dated February 1, 2011.
    (3) For service information identified in this AD, contact Saab
AB, Saab Aerosystems, SE-581 88, Link[ouml]ping, Sweden; telephone
+46 13 18 5591; fax +46 13 18 4874; email
<EMAIL_ADDRESS>Internet http://www.saabgroup.com.
    (4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (5) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on June 15, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-15426 Filed 6-27-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 15, 2008 (Volume 73, Number 179)]
[Notices]
[Page 53300-53303]
[DOCID:fr15se08-123]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58489; File No. SR-NASDAQ-2008-073]

Self-Regulatory Organizations; the NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Trade Shares of 12 Funds of the WisdomTree Trust Pursuant to Unlisted
Trading Privileges

September 8, 2008.
    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 August 29, 2008, The NASDAQ Stock Market LLC (``Nasdaq'' 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 Nasdaq. Nasdaq has
designated the proposed rule change as constituting a rule change under
section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 C.F.R. 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq is filing a proposed rule change to trade, pursuant to
unlisted trading privileges (``UTP''), shares (``Shares'') of 12 funds
(each a ``Fund'') of the WisdomTree Trust (``Trust'') under Nasdaq Rule
4420(o) (Managed Fund Shares). The text of the proposed rule change is
available from Nasdaq's Web site at http://nasdaq.cchwallstreet.com, at
Nasdaq's principal office, and at the Commission's Public Reference
Room.

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

    In its filing with the Commission, Nasdaq 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 III below. Nasdaq had 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
    Nasdaq proposes to trade the Funds on a UTP basis under Nasdaq Rule
4420(o), which governs the trading of ``Managed Fund Shares'' on the
Exchange. The Shares will be offered by the Trust, which was
established as a Delaware statutory trust on December 15, 2005. The
Trust is registered with the Commission as an investment company.\5\
The Commission recently approved the listing and trading of these same
Funds by NYSE Arca, Inc. on its exchange.\6\
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    \5\ See Post-Effective Amendment No. 14 to Registration
Statement on Form N-1A for the Trust (File Nos. 333-132380 and 811-
21864) (``Registration Statement''). The descriptions of the Funds
and the Shares contained herein are based on information in the
Registration Statement.
    \6\ See Securities Exchange Act Release No. 57801 (May 8, 2008),
73 FR 27878 (May 14, 2008) (order approving SR-NYSEArca-2008-31).
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Description of the Shares and the Funds
    WisdomTree Asset Management, Inc. (``WisdomTree Asset Management'')
is the investment adviser to each Fund.\7\ WisdomTree Asset Management
is not affiliated with any broker-dealer. Mellon Capital Management
serves as the sub-adviser for the Current Income Fund. The Dreyfus
Corporation serves as the subadviser to each International Currency
Income Fund. The Bank of New York is the administrator, custodian, and
transfer agent for each Fund. ALPS Distributors, Inc. serves as the
distributor for the Funds.
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    \7\ WisdomTree Investments, Inc. (``WisdomTree Investments'') is
the parent company of WisdomTree Asset Management.
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The Current Income Fund
    The Current Income Fund seeks to earn current income while
preserving capital and maintaining liquidity by investing primarily in
very short term, high-quality money market securities denominated in
U.S. dollars. Eligible investments include commercial paper, time
deposits and certificates of deposits, asset-backed securities,
government bills, government notes, corporate notes, and repurchase
agreements. The Current Income Fund intends to maintain an average
portfolio maturity of 90 days or less and will not purchase any money
market security with a remaining maturity of more than 397 calendar
days.
The International Currency Income Funds
    Each of the Australian Dollar Fund, British Pound Sterling Fund,
Canadian Dollar Fund, Euro Fund, and Japanese Yen Fund: (i) Seeks to
earn current income reflective of money market rates available to
foreign investors in the specified country or region, and (ii) seeks to
maintain liquidity and preserve capital measured in the currency of the
specified country or region. Each of these Funds intends to invest
primarily in very short term, investment grade money market securities
denominated in the non-U.S. currency specified in its name. Eligible
investments include short-term securities issued by non-U.S.
governments, agencies or instrumentalities, bank debt obligations and
time deposits, bankers' acceptances, commercial paper, short-term
corporate debt obligations, mortgage backed securities, and asset-
backed securities.
    Each of the Brazilian Real Fund, Chinese Yuan Fund, Indian Rupee
Fund, New Zealand Dollar Fund, South African Rand Fund, and South
Korean Won Fund seeks: (i) To earn current income reflective of money
market rates available to foreign investors in the specified country;
and (ii) to provide exposure to changes in the value of the designated
non-U.S. currency relative to the U.S. Dollar. Each of these Funds
intends to achieve exposure to the non-U.S. market designated by its
name using the following strategy. Each of the Funds will invest
primarily in short term U.S. money market securities. In

addition, each such Fund will invest a smaller portion of its assets in
forward currency contracts and swaps designed to provide exposure to
exchange rates and/or money market instruments available to foreign
investors in the non-U.S. market designated in the Fund's name. The
combination of U.S. money market securities with forward currency
contracts and currency swaps is designed to create a position
economically similar to a money market instrument denominated in a non-
U.S. currency. A forward currency contract is an agreement to buy or
sell a specific currency at a future date at a price set at the time of
the contract. A currency swap is an agreement between two parties to
exchange one currency for another at a future rate.\8\
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    \8\ Each of these Funds may pursue its objectives through direct
investments in money market instruments issued by entities in the
applicable non-U.S. country and denominated in the applicable non-
U.S. currency when WisdomTree Asset Management believes it is in the
best interest of the Fund to do so. The decision to secure exposure
directly or indirectly will be a function of, among other things,
market accessibility, credit exposure, and tax ramifications for
foreign investors. If any of these Funds pursues direct investment,
eligible investments will include short-term securities issued by
the applicable foreign government and its agencies or
instrumentalities, bank debt obligations and time deposits, bankers'
acceptances, commercial paper, short-term corporate debt
obligations, mortgage-backed securities, and asset-backed
securities.
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    Each International Currency Income Fund generally will maintain a
weighted average portfolio maturity of 90 days or less and will not
purchase any money market instrument with a remaining maturity of more
than 397 calendar days.
    None of the Funds will invest in non-U.S. equity securities.
The Shares
    Each Fund issues and redeems Shares on a continuous basis at net
asset value (``NAV'')\9\ only in large blocks of shares, typically
50,000 shares or more (``Creation Units''), in transactions with
authorized participants. Each International Currency Income Fund may
issue and redeem Creation Units in exchange for a designated basket of
non-U.S. currency and an amount of U.S. cash, a basket of non-U.S.
money market instruments and a designated amount of cash, or simply a
designated amount of cash. In addition, creations and redemptions of
the Current Income Fund, the Brazilian Real Fund, Chinese Yuan Fund,
Indian Rupee Fund, New Zealand Dollar Fund, South African Rand Fund,
and South Korean Won Fund are usually in exchange for a basket of U.S.
money market instruments and/or a designated amount of cash. Once
created, Shares of the Funds trade on the secondary market in amounts
less than a Creation Unit. For more information regarding the Shares
and the Funds, including investment strategies, risks, creation and
redemption procedures, fees, portfolio holdings disclosure policies,
distributions and taxes, see the Registration Statement.
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    \9\ The NAV of each Fund's shares generally is calculated once
daily Monday through Friday as of the close of regular trading (the
``NAV Calculation Time''). NAV per share is calculated by dividing a
Fund's net assets by the number of Shares outstanding. For more
information regarding the valuation of Fund investments in
calculating a Fund's NAV, see the Registration Statement.
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Availability of Information
    The Funds' Web site (http://www.wisdomtree.com), which will be
publicly available prior to the public offering of Shares, will include
a form of the Prospectus for each Fund that may be downloaded. The Web
site will include additional quantitative information updated on a
daily basis, including, for each Fund: (1) The prior business day's
reported NAV, mid-point of the bid/ask spread at the time of
calculation of such NAV (the ``Bid/Ask Price''); \10\ and a calculation
of the premium and discount of the Bid/Ask Price against the NAV; and
(2) data in chart format displaying the frequency distribution of
discounts and premiums of the daily Bid/Ask Price against the NAV,
within appropriate ranges, for each of the four previous calendar
quarters. On each business day before commencement of the Regular
Market Session on the Exchange,\11\ the Funds will disclose on their
Web site the identities and quantities of the securities and other
assets that will form the basis for the calculation of NAV for each
Fund at the end of the business day (``Disclosed Portfolio'').\12\ The
Web site and information will be publicly available at no charge.
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    \10\ The Bid/Ask Price of a Fund is determined using the
midpoint of the highest bid and the lowest offer on the Exchange as
of the time of calculation of such Fund's NAV. The records relating
to Bid/Ask Prices will be retained by the Funds and their service
providers.
    \11\ See Nasdaq Rule 4120(b)(4) (describing the three trading
sessions on the Exchange: (1) Pre-Market Session from 7 a.m. to 9:30
a.m.; (2) Regular Market Session from 9:30 a.m. to 4 p.m. or 4:15
p.m.; and (3) Post-Market Session from 4 p.m. or 4:15 p.m. to 8
p.m.).
    \12\ Under accounting procedures followed by the Funds, trades
made on the prior business day (``T'') will be booked and reflected
in NAV on the current business day (``T+1''). Notwithstanding the
foregoing, portfolio trades that are executed prior to the opening
of the Exchange on any business day may be booked and reflected in
the NAV on such business day. Accordingly, the Funds will be able to
disclose at the beginning of the business day the portfolio that
will form the basis for the NAV calculation at the end of the
business day.
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    Investors interested in a particular Fund can also obtain the
Trust's Statement of Additional Information (``SAI''), each Fund's
Shareholder Reports, and its Form N-CSR and Form N-SAR, filed twice a
year. The Trust's SAI and Shareholder Reports are available free upon
request from the Trust, and those documents and the Form N-CSR and Form
N-SAR may be viewed on-screen or downloaded from the Commission's Web
site (http://www.sec.gov).
    Information regarding market price and volume is and will be
continually available on a real-time basis throughout the day on
brokers' computer screens and other electronic services. The NAV of
each Fund will normally be determined as of the close of the Regular
Market Session on Nasdaq (ordinarily 4 p.m. Eastern Time or ``ET'') on
each business day. The previous day's closing price and trading volume
information will be published daily in the financial section of
newspapers. Quotations and last-sale information for the Shares will be
available through the facilities of the Consolidated Tape Association
(``CTA''). In addition, the Intraday Indicative Value \13\ will be
disseminated at least every 15 seconds during the Regular Market
Session through the facilities of the CTA.
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    \13\ The Intraday Indicative Value is also sometimes referred to
as the ``Portfolio Indicative Value'' with respect to these
securities and is based on the current value of the components of
the Disclosed Portfolio.
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Initial and Continued Listing
    The Shares will be subject to Rule 4420(o), which sets forth the
initial and continued listing criteria applicable to Managed Fund
Shares. The Exchange represents that for initial and/or continued
listing, the Shares must be in compliance with Rule 10A-3 under the
Act.\14\
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    \14\ See 17 CFR 240.10A-3.
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Trading Halts
    Nasdaq will halt trading in Shares under the conditions specified
in Nasdaq Rules 4120 and 4121. The conditions for a halt include a
regulatory halt by the listing market. UTP trading in Shares will also
be governed by provisions of Nasdaq Rule 4120(b) relating to temporary
interruptions in the calculation or wide dissemination of the Intraday
Indicative Value, among other values.
    If Nasdaq becomes aware that the NAV or the Disclosed Portfolio
with respect to a Share is not disseminated to all market participants
at the same time,

it will halt trading in such series until such time as the net asset
value or the Disclosed Portfolio is available to all market
participants.
    Additionally, Nasdaq may cease trading Shares if other unusual
conditions or circumstances exist which, in the opinion of Nasdaq, make
further dealings on Nasdaq detrimental to the maintenance of a fair and
orderly market. Nasdaq will also follow any procedures with respect to
trading halts as set forth in Nasdaq Rule 4120(c). Finally, Nasdaq will
stop trading Shares if the listing market delists them.
Trading Rules
    Nasdaq deems the Shares to be equity securities, thus rendering
trading in the Shares subject to Nasdaq's existing rules governing the
trading of equity securities. Nasdaq will allow trading in the Shares 7
a.m. until 8 p.m.\15\ The minimum trading increment for Shares on
Nasdaq will be $0.01.
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    \15\ See Nasdaq Rule 4420.
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Surveillance
    The Exchange intends to utilize its existing surveillance
procedures applicable to derivative products (including exchange-traded
funds) to monitor trading in the Shares and the Exchange represents
that these procedures are adequate to address any concerns about the
trading of the Shares on Nasdaq. Trading of the Shares through Nasdaq
will be subject to FINRA's surveillance procedures for equity
securities in general and exchange-traded funds in particular.\16\ The
Exchange may obtain information via the Intermarket Surveillance Group
(``ISG'') from other exchanges who are members or affiliate members of
the ISG.\17\
---------------------------------------------------------------------------

    \16\ FINRA surveils trading on Nasdaq pursuant to a regulatory
services agreement. Nasdaq is responsible for FINRA's performance
under this regulatory services agreement.
    \17\ For a list of the current members and affiliate members of
ISG, see http://www.isgportal.com.
---------------------------------------------------------------------------

Information Circular
    Prior to the commencement of trading, the Exchange will inform its
members in an Information Circular of the special characteristics and
risks associated with trading the Shares. Specifically, the Information
Circular will discuss the following: (1) The procedures for purchases
and redemptions of Shares in baskets of shares (and that Shares are not
individually redeemable); (2) Nasdaq Rule 2310, which imposes
suitability obligations on Nasdaq members with respect to recommending
transactions in the Shares to customers; (3) how information regarding
the Intraday Indicative Value is disseminated; (4) the requirement that
members deliver a prospectus to investors purchasing newly issued
Shares prior to or concurrently with the confirmation of a transaction;
(5) the risks involved in trading the Shares during the Pre-Market and
Post-Market Sessions when an updated Intraday Indicative Fund value
will not be calculated or publicly disseminated; and (6) trading
information.
    The Exchange notes that investors purchasing Shares directly from a
Fund will receive a prospectus. Members purchasing Shares from a Fund
for resale to investors will deliver a prospectus to such investors.
The Information Circular will also discuss any exemptive, no-action and
interpretive relief granted by the Commission from any rules under the
Act.
    In addition, the Information Circular will reference that the Funds
are subject to various fees and expenses described in the Registration
Statement. The Information Circular will also reference that the CFTC
has regulatory jurisdiction over the trading of futures contracts.
    The Information Circular will also disclose the trading hours of
the Shares of the Funds and that the NAV for the Shares will be
calculated after 4 p.m. (ET) each trading day. The Circular will
disclose that information about the Shares of each Fund and the
corresponding Indexes will be publicly available on the Funds' Web
site.
2. Statutory Basis
    Nasdaq believes that the proposal is consistent with section 6(b)
of the Act \18\ in general and section 6(b)(5) of the Act \19\ in
particular in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system. Nasdaq believes that its rules and
procedures governing the trading of the Shares pursuant to UTP are also
consistent with the goals section 6(b)(5) and the protection of
investors.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78f.
    \19\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In addition, Nasdaq believes that the proposal is consistent with
Rule 12f-5 under the Act \20\ because it deems each Share to be an
equity security, thus rendering trading in the Shares subject to the
Exchange's existing rules governing the trading of equity
securities.\21\
---------------------------------------------------------------------------

    \20\ 17 CFR 240.12f-5.
    \21\ See e-mail from Jonathon F. Cayne, Assistant General
Counsel, Nasdsaq to Mitra Mehr, Special Counsel, Division of Trading
and Markets, Commission on September 8, 2008, clarifying text.
---------------------------------------------------------------------------

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

    Nasdaq does not believe that the proposed rule change will impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not:
    (i) Significantly affect the protection of investors or the public
interest;
    (ii) Impose any significant burden on competition; and
    (iii) Become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate if
consistent with the protection of investors and the public interest, it
has become effective pursuant to section 19(b)(3)(A) of the Act \22\
and Rule 19b-4(f)(6) thereunder.\23\
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(3)(A).
    \23\ 23 17 CFR 240.19b-4(f)(6). The Commission notes that Nasdaq
has satisfied the five day pre-filing notice requirement.
---------------------------------------------------------------------------

    Nasdaq has asked the Commission to waive the 30-day operative
delay. The Commission believes that such waiver is consistent with the
protection of investors and the public interest because such waiver
should benefit investors by creating, without undue delay, additional
competition in the market for the Shares. The Commission has previously
approved the listing and trading of the Shares on another exchange \24\
and finds that the proposed rule change does not present any novel or
significant regulatory issues. Therefore, the Commission designates the
proposed rule change as operative upon filing.\25\
---------------------------------------------------------------------------

    \24\ See supra note 6.
    \25\ For purposes only of waiving the operative date of this
proposal, the Commission has considered the rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change the

Commission may summarily abrogate such rule change if it appears to the
Commission that such action is necessary or appropriate in the public
interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2008-073 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-NASDAQ-2008-073. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site http://www.sec.gov/
rules/sro.shtml. Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing will also 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-NASDAQ-2008-073 and should be submitted on or before
October 6, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
---------------------------------------------------------------------------

    \26\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-21392 Filed 9-12-08; 8:45 am]

BILLING CODE 8010-01-P


Steam Electric Data Request Follow-Up Questions

Project Name:  Steam Electric Detailed Study

	Project No.:  0<IP_ADDRESS>

Company Name:  Georgia Power

	Contact Name:  William R. Evans

Plant Name:  Plant Scherer	Contact Phone Number:<PHONE_NUMBER>

or Email Address<EMAIL_ADDRESS> ERG Staff (or ERG Rep) Name: Sarah Holman

Company Affiliation: ERG	Date: 11/21/07

This document contains CBI:   ___  Yes    x       No

	Type of  Contact:     x      Email           Telephone

General Subject:  Data Request Assistance / Follow-Up

Follow-Up Question Number	CBI =

Yes (Y)

No (N)	Data Request Question Number	Data Request Page Number

Question/Answer

1	N	8	B-3	Q: There is no energy source indicated for Unit 2.  Please confirm that this unit uses coal as its only energy source.

A:

2	N	11	B-8	Q: Frequency of drainage from coal pile is given as 365 days.  Does the plant have an estimation of the actual number of days of drainage from the coal pile, or an estimation of the number of days of rain in 2006?

A:

3	N	11	B-8	Q: At Plant Scherer, the amount of coal pile runoff is significantly higher than at Plant Wansley (even after accounting for the difference in coal burned in 2006).  What is the reason for this difference?

A:

4	N	16	B-10	Q: “Type of Fly Ash Collection System” is listed as both ESP, cold side and Other, “Dry” for each of the four units.  Does “Dry” refer to the method of handling the fly ash?  Do the four units only use a cold-side ESP to collect fly ash?

A:

5	N	16	B-10	Q: “Type of Fly Ash Handling System” is listed as both wet and dry.  What is the approximate percentage of the time that the fly ash is handled in a dry fashion?

A:

6	N	16	B-10	Q: “Percent Contribution of Source to Sluice Water Flow” is listed as 100% FAS for each of the four units.  Please confirm that the FAS sluice system is entirely close-looped and does not require any makeup water.

A:

7	N	18	B-12	Q: “Percent Contribution of Source to Sluice Water Flow” is listed as 100% BAS for each of the four units.  Confirm that the BAS sluice system is entirely close-looped and does not require any makeup water.

A:

8	N	30	B-20	Q: The plant responded that it is currently constructing/installing a wastewater treatment system to treat the wastewater from the new FGD system; however, from the plant’s description of the treatment system, it seems that the settling pond under construction is just for solids removal of gypsum sluice (and treatment of recycle bleed-off, defined in the data request as “scrubber purge”, will occur in the existing ash pond).  Please confirm that this is the case.

Additionally, the plant’s response to “Will the wastewater treatment system treat FGD wastewater that is commingled with ash wastewater prior to treatment” is no; however, from the plant’s explanation of the wastewater treatment system, it seems that FGD wastewater and ash wastewater will be commingled prior to treatment in the ash pond.  Please explain the response to this question.

A:

9	N	43	B-26	Q: Outfalls 01C - 01E, 02A, 02B, 03A – 03C, 03F – 03H, and 04-14 are not listed in Table 14 or the process diagrams.  Did they discharge in 2006?  Should the coal pile runoff stream be labeled as 03H in Diagram 5-3 (currently no label)?

A:

10	N	47	B-28	Q: For WWT-1 (Diagram 5-1), please confirm that pH adjustment occurs within (as part of) the ash pond and not within a separate tank/pond as indicated in the diagram.

A:

11	N	47	B-28	Q: On Diagram 5-1, there is more wastewater shown entering the ash pond than exiting.  Please confirm that the reason for this is evaporation.

A:

12	N	47	B-28	Q: On Diagram 5-1, the flow rate presented for FAS is 27,300 gpm, whereas in Question 16, the total FAS flow rate provided is 27,523 (and the FAS flow rate provided in Question 52 is 27,500 gpm).  Please explain the difference.  Which flow rate is more accurate?

A:

13	N	47	B-28	Q: On Diagram 5-1, the flow rate presented for BAS is 4,800 gpm, whereas in Question 18, the total BAS flow rate provided is 3,885 gpm.  Please explain the difference.  Which flow rate is more accurate?

A:

14	N	47	B-28	Q: On Diagram 5-1, the flow rate presented for PMRS is 900 gpm, whereas in Question 13, the PMRS flow rate provided is 971 gpm.  Please explain the difference.  Which flow rate is more accurate?

A:

15	N	47	B-28	Q: Regarding Diagram 5-1, please confirm that no wastewater treatment occurs in the Low Volume Waste Basin.

A:

16	N	47	B-28	Q: For WWT-2 (Diagram 5-2), please confirm that pH adjustment and chemical precipitation occur within the settling pond and not within separate vessels as shown on the diagram?

What chemicals are typically added to the settling pond for chemical precipitation?  Were any of these chemicals added in 2006 (none are listed in Question 51)?

A:

17	N	47	B-28	Q: What is the volume and frequency of CMCW entering the Metal Cleaning Waste Basin (WWT-2)?

A:

18	N	49	B-32	Q: The “Residence Time of Wastewater in Unit” is listed as “Indefinite – multiple years”.  Please explain this response.

A:

19	N	51	B-33	Q: For WWT-1, the “Average Dose Concentration” of sulfuric acid is listed as “Not measured – varies as necessary for pH”.  As requested in EPA’s email to UWAG on 7/11/07, please provide the concentration of the active ingredient added (i.e., the amount of active ingredient contained in the chemical product).

A:

20	N	52	B-34	Q: For WWT-1, [WWT-1-EFF to SW] is listed as 14,000 gpm in Question 52, but is presented as 6,600 gpm in Diagram 5-1.  Please confirm that the effluent from the WWT-1 settling pond is 6,660 gpm (prior to the addition of cooling water blowdown).

A:

21	N	52	B-34	Q: For WWT-1, did FAS, BAS, and PMRS enter the ash pond 24 hpd and 365 dpy?  Was the recycle from the ash pond used for RECYC-FAS, RECYC-BAS, and RECYC-PMRS 24 hpd and 365 dpy?

A:

22	N	53	B-35	Q: For WWT-1, please clarify whether the response provided under the “Other” cost category could be considered part of nonhazardous sludge disposal?  Please note that this question has been written vaguely to avoid the electronic transfer of CBI.  We would be happy to elaborate on a telephone call.

A:

23	N	53	B-35	Q: For WWT-3, please clarify whether the response provided under the “Other” cost category could be considered part of nonhazardous sludge disposal?  Please note that this question has been written vaguely to avoid the electronic transfer of CBI.  We would be happy to elaborate on a telephone call.

A:

24	N	53	B-35	Q: For WWT-3, please explain the response provided under the “Energy” cost category.  Please note that this question has been written vaguely to avoid the electronic transfer of CBI.  We would be happy to elaborate on a telephone call.

A:


[Federal Register: January 28, 2010 (Volume 75, Number 18)]
[Notices]
[Page 4625-4626]
[DOCID:fr28ja10-124]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-2001-9258; FMCSA-
2002-12844; FMCSA-2003-15892; FMCSA-2005-21711]

Qualification of Drivers; Exemption Renewals; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA previously announced its decision to renew the
exemptions from the vision requirement in the Federal Motor Carrier
Safety Regulations for 22 individuals. FMCSA has statutory authority to
exempt individuals from the vision requirement if the exemptions
granted will not compromise safety. The Agency has concluded that
granting these exemptions will provide a level of safety that will be
equivalent to, or greater than, the level of safety maintained without
the exemptions for these commercial motor vehicle (CMV) drivers.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at http://www.regulations.gov.

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 2-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to, or greater than, the level that
would be achieved absent such exemption.'' The statute also allows the
Agency to renew exemptions at the end of the 2-year period. The comment
period ended on December 30, 2009 (74 FR 62632).

Discussion of Comments

    FMCSA received no comments in this proceeding.

Conclusion

    The Agency has not received any adverse evidence on any of these
drivers that indicates that safety is being compromised. Based upon its
evaluation of the 22 renewal applications, FMCSA renews the Federal
vision exemptions for Thomas E. Adams, Terry J. Aldridge, Lennie D.
Baker, Jr., Jerry D. Bridges, William J. Corder, Gary R. Gutschow,
Richard J. Hanna, James J. Hewitt, Albert E. Malley, Eugene P. Martin,
David L. Menken, Rodney M. Mimbs, Walter F. Moniowczak, William G.
Mote, James R. Murphy, Chris A. Ritenour, Ronald L. Roy, Thomas D.
Walden, Thomas E. Walsh, Kevin P. Weinhold, Charles M. Wilkins and
Thomas A. Wise.
    In accordance with 49 U.S.C. 31136(e) and 31315, each renewal
exemption will be valid for 2 years unless revoked earlier by FMCSA.
The exemption will be revoked if: (1) The person fails to comply with
the terms and conditions of the exemption; (2) the exemption has
resulted in a lower level of safety than was maintained before it was
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136 and 31315.

    Issued on: January 22, 2010.
Charles A. Horan III,
Acting Associate Administrator for Policy and Program Development.
[FR Doc. 2010-1765 Filed 1-27-10; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: February 17, 2009 (Volume 74, Number 30)]
[Rules and Regulations]
[Page 7309-7310]
[DOCID:fr17fe09-5]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0230; Directorate Identifier 2007-NE-24-AD;
Amendment 39-15809; AD 2009-04-03]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce Corporation AE 3007A1E and
AE 1107C Turbofan/Turboshaft Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Rolls-Royce Corporation (RRC) AE 3007A1E and AE 1107C turbofan/
turboshaft engines. This AD requires removal from service of certain
2nd stage, 3rd stage, and 4th stage compressor wheels, compressor cone
shaft assemblies, and 1st to 2nd-stage turbine spacers at new, reduced,
published life limits. This AD results from RRC applying an updated
lifing methodology to the affected parts. We are issuing this AD to
prevent low-cycle-fatigue failure of the parts listed in Table 1 of
this AD, which could result in an uncontained engine failure and damage
to the aircraft.

DATES: This AD becomes effective March 24, 2009.

ADDRESSES: The Docket Operations office is located at Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.

FOR FURTHER INFORMATION CONTACT: Michael Downs, Aerospace Engineer,
Chicago Aircraft Certification Office, Small Airplane Directorate, FAA,
2300 E. Devon Ave., Des Plaines, IL 60018; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39
with a proposed AD. The proposed AD applies to RRC AE 3007A1E and AE
1107C turbofan/turboshaft engines. We published the proposed AD in the
Federal Register on June 11, 2008 (73 FR 33025). That action proposed
to require removal from service of certain 2nd stage, 3rd stage, and
4th stage compressor wheels, compressor cone shaft assemblies, and 1st
to 2nd-stage turbine spacers, at new, reduced, published life limits.

Examining the AD Docket

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

Comments

    We provided the public the opportunity to participate in the
development of this AD. We received no comments on the proposal or on
the determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed.

Costs of Compliance

    We estimate that this AD will affect 220 AE 3007A1E turbofan
engines installed on aircraft of U.S. registry. The action does not
impose any additional labor costs since it will be performed at engine
overhaul. Required parts will cost about $100,000 per engine. Based on
these figures, we estimate the total cost of the AD to U.S. operators
to be $22,000,000.

Authority for This Rulemaking

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

Regulatory Findings

    We have determined that this 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); and
    (3) 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 a summary of the costs to comply with this AD and
placed it in the AD Docket. You may get a copy of this summary at the
address listed under ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the Federal Aviation Administration 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:

2009-04-03 Rolls-Royce Corporation (Formerly Allison Engine Company,
Inc.): Amendment 39-15809. Docket No. FAA-2008-0230; Directorate
Identifier 2007-NE-24-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March
24, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Rolls-Royce Corporation (RRC) AE 3007A1E
and AE 1107C turbofan/turboshaft engines, with the following parts
in Table 1 installed, as applicable:

                                 Table 1--Affected Parts and Reduced Life Limits
----------------------------------------------------------------------------------------------------------------
                                                                                New reduced
                                                                                published life
                Engine                             Part name                   Part No.        limit, in flight
                                                                                cycles
----------------------------------------------------------------------------------------------------------------
AE 3007A1E...........................  2nd Stage Compressor Wheel.......            23050752              15,200
                                       3rd Stage Compressor Wheel.......            23065303              13,300
AE 1107C.............................  2nd Stage Compressor Wheel.......            23050752              11,400
                                       2nd Stage Compressor Wheel.......            23084157              11,400
                                       3rd Stage Compressor Wheel.......            23065303               6,200
                                       3rd Stage Compressor Wheel                   23065303               5,000
                                        (serial numbers L72422, L72475,
                                        L72505, L130704, L130829,
                                        L130830, L138218, L138226,
                                        L138621, L206084, L206163).
                                       3rd Stage Compressor Wheel.......            23084158               6,200
                                       4th Stage Compressor Wheel.......            23050754              14,900
                                       4th Stage Compressor Wheel.......            23071259              14,900
                                       4th Stage Compressor Wheel.......            23084159              14,900
                                       Compressor Cone Shaft Assembly...            23050728               2,900
                                       Compressor Cone Shaft Assembly...            23070729               2,900
                                       1st to 2nd-Stage Turbine Spacer..            23065300               9,500
----------------------------------------------------------------------------------------------------------------

AE 3007A1E turbofan engines are installed on, but not limited to,
EMBRAER EMB-135BJ and EMB-145XR airplanes. AE 1107C turboshaft
engines are U.S. type-certificated and are installed on, but not
limited to, certain U.S. military aircraft.

Unsafe Condition

    (d) This AD results from RRC applying an updated lifing
methodology to the affected parts. We are issuing this AD to prevent
low-cycle-fatigue failure of the parts listed in Table 1 of this AD,
which could result in an uncontained engine failure and damage to
the aircraft.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within 5 days after the effective date of this AD,
unless the actions have already been done.
    (f) Remove from service the parts listed in Table 1 of this AD,
at the new, reduced, published life limits specified in Table 1 of
this AD.

Alternative Methods of Compliance

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

Related Information

    (h) RRC Alert Service Bulletin (ASB) No. AE 3007A-A-72-346,
dated May 1, 2007; Service Bulletin No. AE 1107C-A-72-086, Revision
2, dated January 28, 2008; and ASB No. AE 1107C-A-72-089, dated
January 28, 2008, also pertain to the subject of this AD. Contact
Rolls-Royce Corporation, P.O. Box 420, Indianapolis, IN 46206-0420;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>, for a copy of this
service information.
    (i) Contact Michael Downs, Aerospace Engineer, Chicago Aircraft
Certification Office, Small Airplane Directorate, FAA, 2300 E. Devon
Ave., Des Plaines, IL 60018; telephone<PHONE_NUMBER>; fax (847)
294-7834, for more information about this AD.

    Issued in Burlington, Massachusetts, on February 5, 2009.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
 [FR Doc. E9-3027 Filed 2-13-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Rules and Regulations]
[Pages 85474-85479]
[FR Doc No: 2023-27017]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2022-0432]

14 CFR Chapter I

Policy Regarding Processing Land Use Changes on Federally
Acquired or Federally Conveyed Airport Land

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of final policy.

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

SUMMARY: This action finalizes the FAA's policy on the FAA's procedures
for processing land use changes on federally acquired or federally
conveyed airport land or in situations where a land use change impacts
the safe and efficient operation of aircraft or safety of people and
property on the ground related to aircraft operations. These changes
were needed because of legislative changes made in the FAA
Reauthorization Act of 2018. The policy is intended to simplify the
procedures required to make a land use change and to protect airport
land by limiting the use of releases to the actual sale or disposal of
airport property.

DATES: This policy is effective January 8, 2024.

FOR FURTHER INFORMATION CONTACT: Kevin C. Willis, Director, Airport
Compliance and Management Analysis, ACO-1, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591,
telephone<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>.

ADDRESSES: You can get an electronic copy of this Policy and all other
documents in this docket using the internet by:
    (1) Searching the Federal eRulemaking portal (https://www.regulations.gov)
    (2) Visiting FAA's Regulations and Policies web page at (http://www.faa.gov/regulations/policies); or
    (3) Accessing the Government Publishing Office's web page at
(http://www.gpoaccess.gov/index.html).
    You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Airport Compliance and Management
Analysis, 800 Independence Avenue SW, Washington, DC 20591, or by
calling<PHONE_NUMBER>. Make sure to identify the docket number, notice
number or amendment number of this proceeding.

SUPPLEMENTARY INFORMATION:
    Authority for the Policy: This document is published under the
authority described in Title 49 of the United States Code, Subtitle
VII, part B, chapter 471, section 47122(a).
    This policy should be used in conjunction with FAA Order 5190.6,
Airport Compliance Manual, Chapter 22, Releases from Federal
Obligations; and FAA Order 5100.38, Airport Improvement Handbook; and
any related policy implemented in conjunction and complementary with
Airports Planning and Programming (APP) guidance. Additionally,
compliance specialists will consult with FAA environmental protection
specialists to determine what, if any, environmental obligations under
relevant statutes or regulations may apply to specific land use changes
at specific airports.

Background

    Congress authorized financial assistance for an airport development
project to acquire land, including land for future airport development
(See 49 U.S.C. 47104, 47107(c)(2)). Under the Airport Improvement Act,
land is needed for an airport purpose ``if the land may be needed for
an aeronautical purpose (including runway protection zone) or serves as
noise buffer land, and revenue from interim uses of the land
contributes to the financial self-sufficiency of the airport.'' (See 49
U.S.C. 47107(c)(1)). Congress also authorized the conveyance of Federal
non-surplus and surplus property for

developing, improving, operating or maintaining a public airport. (See
49 U.S.C. 47125, 47151).
    Federally conveyed or federally acquired land must be used for
airport purposes until the FAA approves or consents to a change in land
use. (See 49 U.S.C. 47153(a), 47125(a), and 47107(c)(2)(B)). In
addition, Congress requires the FAA to submit an annual report listing
airports not in compliance with airport land use restrictions and
identifying necessary corrective action. (49 U.S.C. 47131(a)(5)).\1\
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    \1\ Airport sponsors that have accepted federally conveyed or
federally acquired airport land have agreed to comply with certain
obligations and policies included in the Federal grant agreement or
the Federal conveyance documents regarding the use of the land.
Those obligations derive from multiple statutes, deed covenants and
the grant assurances.
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    The FAA's decision to approve or consent to a non-aeronautical or
mixed land use or to release Federal obligations depends on the
obligating documents, the current and future aeronautical need for the
property, and the requested land use. For example, residential use of
airport property is incompatible with the needs of civil aviation.
Incompatible land uses on the airport are prohibited by FAA policy and
are contrary to Federal obligations. Limiting the use of aeronautical
facilities to aeronautical purposes ensures that airport facilities are
available to meet aviation demand at the airport. Aviation tenants and
aircraft owners should not be displaced by non-aviation commercial uses
that could be conducted off airport property.\2\ The FAA must consider
both the existing and future aviation demand.
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    \2\ See Policy on the Non-Aeronautical Use of Airport Hangars,
81 FR 38906-38907, (June 15, 2016).
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Implications of FAA Reauthorization Act of 2018

    Through the ``FAA Reauthorization Act of 2018'' (Pub. L. 115-254),
Section 163, Congress changed the FAA's authority to regulate non-
federally acquired or conveyed airport land. The FAA's authority over a
proposed land use change may be limited when (1) it does not impact the
safe and efficient operation of aircraft or the safety of people and
property on the ground related to aircraft operations or (2) does not
adversely affect the value of prior Federal investments to a
significant extent. (See Pub. L. 115-254, section 163(b)(1)(A) and
(d)(1)(B)). Section 163(a) limits the FAA's authority to directly or
indirectly regulate an airport owner or operator's acquisition, use,
lease, encumbrance, transfer, or disposal of land, any facility upon
such land, or any portion of such land or facility. However, Section
163(b) contains three exceptions and provides that the limitations of
Section 163(a) do not apply to the following:
    1. Any regulation ensuring the safe and efficient operation of
aircraft or the safety of people and property on the ground related to
aircraft operations; \3\
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    \3\ See section 163(b)(1)(A).
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    2. Any regulation imposed with respect to land or a facility
acquired or modified using Federal funding; \4\
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    \4\ See section 163(b)(2).
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    3. Any authority contained in a Surplus Property Act instrument of
transfer,\5\ or section 40117 of title 49 United States Code (Passenger
Facility Charge statute).\6\
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    \5\ The FAA may retain approval authority over proposed changes
in the use of lands granted to an airport sponsor from the United
States, including under the Surplus Property Act, 49 U.S.C. 47125,
section 16 of the Federal Airport Act of 1946 Public Law 79- 377,
section 23 of the Airport and Airway Development Act of 1970, Public
Law 91-258, section 516 of the Airport and Airway Development Act of
1982, and former military airports conveyed to local public entities
under the congressionally authorized Base Realignment and Closure
program because lands granted under these statutes constitute
Federal investments in the airport.
    \6\ See section 163(b)(3).
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    When the FAA retains approval authority over a proposed land use
change or sale, the FAA will follow this policy guidance and FAA Order
5190.6, Airport Compliance Manual. When the FAA does not have approval
authority over a proposed land use change or sale, all of the airport
sponsor's Federal statutory and grant assurance obligations remain in
full force and effect, including over its remaining airport property.
In addition, airport sponsors remain obligated under FAA's Policies and
Procedures Concerning the Use of Airport Revenue (64 FR 7696, February
16, 1999) (Revenue Use Policy), and FAA's Policy Regarding Rates and
Charges (78 FR 55330, September 10, 2013). Any land that is to be sold
or leased must be at fair market value and the funds must be used in
accordance with the FAA's Revenue Use Policy. (See 49 U.S.C.
47107(c)(2)(B)). The airport sponsor should retain sufficient authority
over the disposed land to prevent uses that conflict with its Federal
obligations and related requirements or create conditions resulting in
violations of the Grant Assurances. To retain this authority, airport
sponsors should consider using subordination clauses, reservations,
covenants, or other restrictions in a deed, or other instrument, to
protect the public's right to fly over the land, prohibit obstructions
to air navigation or interference with the flight of aircraft, or
assure compatible land use. The deed or other instrument containing the
restrictions should be recorded in local land records.
    The FAA may verify compliance with these requirements through a
financial compliance review, request and review of supporting
documentation, enforcement of grant assurances, or other enforcement
mechanisms. The airport sponsor also has the responsibility to comply
with all Federal, state, and local environmental laws and regulations.
    In September 2022, the FAA issued a Draft FAA Policy Regarding
Processing Land Use Changes on Federally Acquired or Federally Conveyed
Airport Land and requested comments. (87 FR 56601, September 15, 2022).
The FAA received comments from 29 commenters representing airport
sponsors, industry groups, and airport consultants.

Discussion of Public Comments

    The following summary of comments reflects the major issues raised
and does not restate each comment received. The FAA considered all
comments received even if not specifically identified and responded to
in this notice.
    1. Comment: Commenters asked for clarification on the purpose and
reason for the policy clarification.
    Response: As the steward of federally acquired and federally
conveyed land, FAA's role is to ensure that such land is available to
serve aviation needs. New aviation entrants (air mobility, UAS, etc.)
are changing the nature of aviation and their ability to use land
previously deemed inaccessible due to its distance from the runway and
taxiway environment is changing. To ensure land is available to serve
these growing aviation needs, the FAA, as a general policy, will only
release Federal obligations when land is to be sold or conveyed. This
policy allows airport sponsors to seek approval for non-aeronautical
land use in excess of 3-5 years without a release of obligations.
    2. Comment: Commenters asked whether the policy applies to land
acquired for noise compatibility.
    Response: This policy does not apply to land acquired for noise
compatibility purposes. FAA's Noise Land Management and Requirements
for Disposal of Noise Land or Development Land Funded with AIP issued
June 2014 (www.faa.gov/sites/faa.gov/files/airports/environmental/policy_guidance/Noise-Land-Management-Disposal-AIP-Funded-Noise-Development-Land.pdf) provides guidance on disposal and retention of
noise land through the Noise Land Reuse Plan.

    3. Comment: Commenters are concerned that the duration of FAA's
approval or consent to a land use change will be limited to the length
of a lease and create additional workload.
    Response: The final policy clarifies that the duration of the FAA's
approval or consent will be dependent on the circumstances at the
airport. It may be permitted for the duration of the approved use so
long as the land is not needed for aeronautical use. The duration is
not limited to an individual lease term.
    4. Comment: Commenters asked whether FAA will now review and
approve leases.
    Response: The policy does not change the FAA's approach to the
review of an airport sponsor's leases. The FAA does not approve leases
but will continue to review some leases, as needed, to ascertain
compliance with an airport sponsor's Federal obligations.
    5. Comment: Commenters asked whether aeronautical or airport
purpose land uses need FAA consent or approval?
    Response: Aeronautical and airport purpose land uses do not need
FAA approval or consent for the use. However, airport sponsors are
reminded that other approvals, such as airspace, may still be required.
    6. Comment: Commenters asked FAA to provide a timeframe for
completing a land use change review.
    Response: FAA recommends that airport sponsors work closely with
their Region/ADO to determine the timeframes for completing a land use
change review. Each situation is unique and the timeframe is dependent
upon the level of documentation submitted and airport-specific
information.
    7. Comment: Commenters asked if there is an appeal process if a
sponsor's request is denied.
    Response: Similar to an airport sponsor's request for a release, if
the request is denied, the airport sponsor is encouraged to work with
Region/ADO to find possible alternatives that will meet their needs,
while protecting the aeronautical use of the airport. A Region/ADOs
determination is not a final agency decision. The Region/ADO can
coordinate with ACO-100 as needed.
    8. Comment: Commenters asked if the policy is retroactive and if
existing uses will be grandfathered.
    Response: This policy is not retroactive. It will not apply to land
that FAA has previously released for non-aeronautical use under a
Letter of Release or a Deed of Release. However, existing interim/
concurrent use approvals will be reviewed in accordance with this
policy when the existing approval expires.
    9. Comment: Commenters asked when under this policy must airport
sponsors update their Exhibit A.
    Response: Under this policy, an airport sponsor's Exhibit A must be
updated when the FAA issues a letter of consent or approval or when the
property is released for sale or conveyance off the airport.
    10. Comment: Commenters asked if the designation of a non-
aeronautical area on the Airport Layout Plan (ALP) mean the land use
has been approved.
    Response: The designation of non-aeronautical areas on the ALP does
not mean a particular land use has been approved. These areas can still
be shown as proposed on the ALP but must be updated on the Exhibit A
once the FAA has approved or consented to the use.
    11. Comment: Commenters asked whether NEPA applies to FAA's
issuance of letters of consent or approval.
    Response: These comments are not within the scope of the policy and
have been shared with the appropriate office for consideration. Airport
sponsors should coordinate with their local FAA Region/ADO to determine
their National Environmental Policy Act (NEPA) obligations.
    12. Comment: Commenters asked how this policy relates to the FAA's
existing Section 163 guidance?
    Response: This policy does not change FAA's review and approval
authority for ALPs or land use under Section 163. The policy only
addresses how land use approvals are processed after FAA has determined
we retain approval authority.
    13. Comment: Commenters noted that 49 U.S.C. 47107(c)(1)(A)
includes ``(ii) revenue from interim uses of the land [that]
contributes to the financial self-sufficiency of the airport . . .''
and should not be omitted from the definition of Airport Purpose.
    Response: In the final policy, the FAA has included 49 U.S.C.
47107(c)(1)(A)(i) and (ii) in the definition of airport purpose.
    14. Comment: Commenters asked for additional detail on how the FAA
will assess the primary purpose of a requested land use change. Some
commenters suggested square footage, customer base, nature of the
structure, etc.
    Response: The FAA recognizes that there are numerous ways a
requested land use change can be evaluated to determine its primary
purpose. Airport sponsors should work closely with their Region/ADO to
complete the land use change review.
    15. Comment: Some Commenters requested a response to specific
individual examples at their airport.
    Response: The FAA recognizes that land use decisions must be based
on the specific use identified and the situation at the airport. The
FAA has provided general guiding examples, but the determination is
dependent on the specific facts of a situation and should be discussed
with the local Region/ADO.

III. Final Policy

    The FAA is adopting the following FAA policy and practice regarding
processing land use changes on federally acquired or federally conveyed
airport land: \7\ (1) in reviewing an airport sponsor's request for a
land use change on federally acquired or federally conveyed airport
land, the FAA will review the primary purpose of the requested land
use, rather than examining each individual component of the request as
aeronautical or nonaeronautical; (2) FAA written approval or consent is
only required for a change in land use to non-aeronautical use, mixed
use, or for interim uses of the land that contribute to the financial
self-sufficiency of the airport; (3) the duration of the FAA's approval
or consent will be dependent on the circumstances at the airport and
may be permitted for the duration of the approved use; \8\ (4) The FAA
will only release Federal obligations when the airport sponsor requests
a release for the sale or conveyance of airport land that meets FAA
release requirements, such a release must have ACO-100 concurrence; \9\
and (5) FAA letters of approval or consent will be documented on the
Exhibit A.
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    \7\ This also applies in situations where a land use impacts the
safe and efficient operation of aircraft or safety of people and
property on the ground related to aircraft operations.
    \8\ This process supersedes the existing interim and concurrent
use process discussed in FAA Order 5190.6B, Airport Compliance
Manual, 2009, that was limited to 3-5 years.
    \9\ Airport sponsors should follow the existing release process
in 14 CFR part 155, Release of Airport Property from Surplus
Property Disposal Restrictions and FAA Order 5190.6, Chapter 22.
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Applicability

    This policy applies to all requests for land use changes on
federally acquired or federally conveyed land as well as when a land
use change impacts the safe and efficient operation of aircraft or the
safety of people and property on the ground related to aircraft
operations.

1. General
    This policy and practice is intended to ensure that the Federal
investment in federally obligated airports is protected by making the
use of aeronautical land and facilities available for aeronautical
purposes and to ensure that airport land and facilities are available
to meet the current and future aeronautical demand of the airport.
Aeronautical users should not be displaced by non-aviation commercial
uses, especially those that could be conducted off airport property.
2. Explanation of Terms
    Aeronautical Use--The FAA considers the aeronautical use of an
airport to be any activity that involves, makes possible, is required
for the safety of, or is otherwise directly related to, the operation
of aircraft. Aeronautical use includes services provided by air
carriers related directly and substantially to the movement of
passengers, baggage, mail, and cargo at the airport. (FAA's Policy
Regarding Rates and Charges, 78 FR 55331, September 10, 2013).
    Over time, the definition of aeronautical use has remained
relatively unchanged, except when changes were needed to reflect
necessary access for sky diving and new entrants. Land on which an
aeronautical activity takes place is by its nature aeronautical use
(e.g., drop zone, apron, hangar).
    The FAA confirms the use of a narrow definition of what constitutes
an ``aeronautical use'' for land use purposes. Congress authorized
financial assistance for an airport development project to acquire
land, including land for future airport development (See 49 U.S.C.
47104, 47107(c)(2)(B)). Congress also authorized the conveyance of
Federal non-surplus and surplus property for developing, improving,
operating or maintaining a public airport. (See 49 U.S.C. 47125,
47151). The Congressional intent is furthered by a policy that requires
aeronautical land to be used for aeronautical purposes unless the FAA
discharges the airport sponsor of that obligation. Limiting the use of
aeronautical land and facilities for aeronautical purposes ensures that
airport land and facilities are available to meet the aeronautical
demand of the airport, including future demand. Also, aeronautical
users should not be displaced by non-aviation commercial uses,
especially those that could be conducted off airport property.
    Aeronautical use lands receive additional protection and benefits.
They are afforded the protection of the grant assurances and
aeronautical users may be charged favorable below market aeronautical
rates. Overall, a narrower definition of aeronautical use helps protect
the Federal investment in aviation by ensuring that nonaeronautical
uses cannot easily displace aeronautical uses and thereby diminish the
safety, efficiency, and utility of the entire airport.
    Examples of aeronautical use include:
    1. Operational uses such as aerial approaches, navaids, runways,
taxiways, aprons, hangars, or other aircraft movement areas;
    2. Future developmental uses to reserve property interests for
foreseeable aeronautical development (e.g., a planned runway extension
or a planned terminal building development); and
    3. Essential services that directly support flight operations
(e.g., aircraft maintenance, fueling, and servicing; mail, passenger,
and cargo processing facilities; communications and air traffic
control; crash rescue, firefighting, and airport maintenance).
    Airport Purpose: Uses of land that are (1) directly related to the
actual operation or the foreseeable aeronautical development of a
public airport and (2) whose nonaeronautical components do not conflict
with existing or foreseeable aeronautical needs/demands. These uses do
not require FAA consent or approval of land use. These are situations
where a primary aeronautical facility has some nonaeronautical
components, including parking, that support that facility's core
aeronautical function within its operation. These nonaeronautical
components should be paying a fair market value lease rate. Examples of
this include:
    1. A terminal complex: All components of a terminal complex
(including the building, terminal concessions, airline ticket and car
rental counters, parking, and roads);
    2. A fixed base operator (FBO) facility, including parking and
classrooms;
    3. Parking associated with the airport purpose (e.g., passenger and
employee parking);
    4. Airport service roads; and
    5. Truck parking for air cargo processing facilities when it is
directly related to moving inbound and outbound air cargo on and off
the airport.
    This does not include certain uses, such as aircraft manufacturing
plants and warehouse distribution facilities, which are considered as
mixed-use as defined below.
    In addition, airport purpose includes land that may be needed in
the future for an aeronautical purpose and revenue from an interim use
of the land contributes to the financial self-sufficiency of the
airport. Such interim uses require FAA approval or consent as described
below.
    Non-Aeronautical Use: All other uses that are not considered
aeronautical or airport purpose. These uses will require FAA consent or
approval of the land use. Examples of non-aeronautical use include:
    1. Car rental facility (stand-alone);
    2. Hotel;
    3. Warehouse and distribution center; and
    4. Parking associated with non-aeronautical uses (e.g., customer
and employee parking for hotel, warehouse and distribution center, car
rental).
    Non-aeronautical uses commonly occur at airports, but these uses do
not have the priority or protection of the grant assurances. There is
no Federal requirement that obligated airport sponsors accommodate non-
aeronautical uses. This differentiation between aeronautical and non-
aeronautical is intended to protect the Federal investment in aviation
and ensure that non-aeronautical uses cannot easily displace
aeronautical uses and thereby diminish the safety, efficiency, and
utility of the airport.\10\
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    \10\ FAA has provided guidance on the temporary non-aeronautical
use of a hangar in FAA's Hangar Use Policy (Policy on the Non-
Aeronautical Use of Airport Hangars (81 FR 38906), June 15, 2016).
www.govinfo.gov/content/pkg/FR-2016-06-15/pdf/2016-14133.pdf).
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    Mixed Uses--A mixed-use facility contains both aeronautical and
non-aeronautical uses, but the non-aeronautical use could be located
off airport property. These uses will need FAA consent or approval for
the land use. The FAA will take into account whether the non-
aeronautical component will impact existing uses or conflict with
existing or foreseeable aeronautical needs/demand. Examples of mixed
uses include:
    1. Mail distribution centers that are connected to an air cargo
operation;
    2. Cargo operations where the primary purpose of the operation goes
beyond air cargo processing facilities and expands into non-
aeronautical elements, such as office building complexes, sorting
facilities, long-term storage (warehousing), freight forwarders, and
third-party logistics providers, certain access infrastructure, or
certain truck parking/trailer facilities (stalls). Most of these are
related to other transportation modes or aspects of the cargo business,
not directly and substantially to its ``aeronautical activity'';
    3. Aircraft manufacturing facility that includes final assembly,
but also significant non-aeronautical uses such as engineering
facilities, research and development facilities, parts

manufacturing and storage, or office buildings; and
    4. Parking associated with the mixed use (e.g., customer and
employee parking for mail distribution, cargo operations, aircraft
manufacturing).
    Federally acquired land--This is land that was acquired with
Federal funds including the Airport Improvement Program (AIP), Federal
Aid to Airports Program (FAAP), Airport Development Aid Program (ADAP),
and as part of an AP-4 agreement.\11\ It also includes airport sponsor-
acquired land that was used for the airport sponsor match for an AIP
project or was swapped for AIP purchased land.
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    \11\ In some instances, an AP-4 Agreement included a federal
land purchase. The original agreement and funding should be reviewed
to confirm the source of the funds.
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    Federally conveyed land--This is land conveyed to the airport
sponsor by the Federal government through a written deed of conveyance
(sometimes called a patent or included in a lease termination, etc.)
that contained specific restrictions or allowances for the use of the
land. The FAA recognizes that some Federal conveyance documents
specifically permit non-aeronautical use for revenue production or a
specific identified use--in these instances, there is not a change in
land use. Federally conveyed land includes land transferred under:
    1. Surplus Property Act, codified in 49 U.S.C. 47151-47153,
including former military airports conveyed to local public entities
under 10 U.S.C. 2687 of the Defense Base Closure and Realignment Act
(BRAC) program or any other Federal laws; and,
    2. Section 16 of the Federal Airport Act of 1946, 119 Public Law
79-377, Section 23 of the Airport and Airway Development Act of 1970,
Public Law 91-258, and Section 516 of the Airport and Airway
Development Act of 1982, codified in 49 U.S.C. 47125. These are
sometimes referred to as non-surplus property transfers.
    Release of Federal obligations--The formal, written authorization
discharging and relinquishing all or part of the FAA's right to enforce
an airport's contractual or deeded obligations. The FAA's authority to
release, waive, or amend an obligation is contained in 49 U.S.C.
47153(a) and 47107(h)(2).
    Letter of consent or approval--The FAA's action on a proposed land
use change will be documented in the form of a letter of consent or a
letter of approval, depending upon the obligating deeds or documents
and the land at issue. Surplus Property Act deeds require the FAA's
written consent for a non-aeronautical use, so a letter of consent is
appropriate.
    Alternatively, Grant Assurance 5, Preserving Rights and Powers,
requires prior written approval of the Secretary for the sale or
transfer of any property upon which Federal funds have been expended,
which would require a letter of approval. In both cases, the letters
serve the equivalent purpose of documenting the FAA's action on the
airport sponsor's request. These letters also serve to approve interim
uses for revenue production on property acquired for an airport
purpose.
3. Process for Evaluating Land Use Changes
    Uses of airport land will fall into one of four categories: (1)
aeronautical use, (2) airport purpose, (3) non-aeronautical use, or (4)
mixed-use.
    The airport sponsor must obtain FAA approval or consent for all
non-aeronautical and mixed uses of federally acquired or federally
conveyed land.\12\ FAA approval or consent is not needed for a proposed
land use that meets the definition of aeronautical use or airport
purpose. The following explains the process when an airport sponsor
requests a change in land use on federally conveyed or federally
acquired land:
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    \12\ The airport sponsor must obtain FAA approval of interim
land uses for revenue production on property acquired for an airport
purpose (See 49 U.S.C. 47107(c)(1)).
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A. What Airport Sponsors Must Submit
    The airport sponsor's request needs to include the following: \13\
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    \13\ An airport sponsor may reference documents already
submitted as part of a review under Section 163 and will not need to
resubmit unless there have been changes or information is missing.
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    1. identification of the property and documentation on how the land
was acquired (i.e., Federal conveyance documents, Federal grant
agreements, Exhibit A);
    2. current use of the property;
    3. current and future aeronautical demand of the airport and the
property (e.g., current Master Plan, forecasts, hangar waitlists); and,
    4. proposed use of the property, including the anticipated length
of the use.
B. FAA's Evaluation of the Request
    Upon receipt of all documents, the FAA will promptly review the
airport sponsor's request. The review involves a certain level of
discretion by the FAA and the airport sponsor. The FAA may request
additional information regarding the proposal. Major considerations in
granting approval or consent include the:
    1. Reasonableness and practicality of the airport sponsor's
request,
    2. The effect of the request on needed aeronautical facilities,
    3. The net benefit to civil aviation, and
    4. Compatibility of the proposal with the needs of civil aviation.
(Incompatible land uses on the airport, including residential use, are
prohibited by FAA policy and are contrary to federal obligations.)
    The distinctions may vary slightly depending on the circumstances
of the situation, such as intermodal functionality, business model,
project integrity, available airport land, project size and location,
airport planning priorities, and funding requirements and restrictions.
The land use must benefit the airport and its functions in support of
aeronautical uses and must not adversely affect the value of the
federal investment in the airport and its facilities. 49 U.S.C.
47107(a)(16)(B), 47125(a), and 47152(1).
    The land use should be compatible with the airport's current or
future aeronautical use or demand. FAA approval will not be granted if
the FAA determines that an aeronautical demand for the land is likely
to exist within the period of the requested land use. The duration of
FAA's approval or consent will depend on the circumstances at the
airport and may be permitted for the duration of the approved use. The
approval or consent must state that the land will be returned to
aeronautical use at the end of the approved period.
C. Documentation of FAA Decision
    Upon completion of the review, the FAA will either issue a letter
of approval or consent for the use or deny the request. Where possible,
the FAA may issue the letter of approval or consent concurrently with a
Section 163 determination letter.
    The letter of approval or consent will document the FAA's
determination of the land use on federally acquired or federally
conveyed airport land. This letter will outline the conditions of the
approval or consent and include a requirement that the land must be
available for aeronautical use at the end of the approval or consent
period. Generally, the approval or consent will remain in effect for
the duration of the approved use. The letter of approval or letter of
consent does not affect or negate the airport sponsor's Federal
obligations.
    The requirement for NEPA should be coordinated with the Regions/ADO
Environmental Protection Specialist (EPS).

    After an airport sponsor receives an FAA letter of consent or
approval, it will update the Exhibit A.

    Issued in Washington, DC, on December 5, 2023.
Kevin C. Willis,
Director, Office of Airport Compliance and Management Analysis.
[FR Doc. 2023-27017 Filed 12-7-23; 8:45 am]
BILLING CODE 4910-13-P