[Federal Register: June 20, 2007 (Volume 72, Number 118)]
[Notices]
[Page 34001-34003]
[DOCID:fr20jn07-82]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Sunshine Act Meeting Notice

June 14, 2007.
    The following notice of meeting is published pursuant to section
3(a) of the government in the Sunshine Act (Pub. L. No. 94-409), 5
U.S.C 552b:

Agency Holding Meeting:  Federal Energy Regulatory Commission.

Date and Time:  June 21, 2007, 10 a.m.

Place:  Room 2C, 888 First Street, NE., Washington, DC 20426.

Status:  Open.

Matters to be Considered:  Agenda.

    * Note--Items listed on the agenda may be deleted without further
notice.

FOR FURTHER INFORMATION CONTACT: Kimberly D. Bose, Secretary, Telephone
(202) 502-8400. For a recorded message listing items struck from or
added to the meeting, call<PHONE_NUMBER>.
    This is a list of matters to be considered by the Commission. It
does not include a listing of all documents relevant to the items on
the agenda. All

public documents, however, may be viewed on line at the Commission's
Web site at http://www.ferc.gov using the eLibrary link, or may be

examined in the Commission's Public Reference Room.

920th Meeting

Regular Meeting

June 21, 2007, 10 a.m.

------------------------------------------------------------------------
         Item No.               Docket No.               Company
------------------------------------------------------------------------
                             Administrative
------------------------------------------------------------------------
A-1......................  AD02-1-000.........  Agency Administrative
                                                 Matters.
A-2......................  AD02-7-000.........  Customer Matters,
                                                 Reliability, Security
                                                 and Market Operations.
A-3......................  AD06-3-000.........  Energy Market Update.
------------------------------------------------------------------------
                                Electric
------------------------------------------------------------------------
E-1......................  RM04-7-000.........  Market Based Rates for
                                                 Wholesale Sales of
                                                 Electric Energy,
                                                 Capacity and Ancillary
                                                 Services by Public
                                                 Utilities.
E-2......................  RM06-10-001........  New PURPA Section 210(m)
                                                 Regulations Applicable
                                                 to Small Power
                                                 Production and
                                                 Cogeneration
                                                 Facilities.
E-3......................  AD07-7-000, RM07-19- Wholesale Competition in
                            000.                 Regions with Organized
                                                 Electric Markets.
E-4......................  ER06-615-003, ER06-  California Independent
                            615-005.             System Operator
                                                 Corporation.
E-5......................  ER97-4166-018, ER96- Southern Companies
                            780-007, EL04-124-   Energy Marketing, Inc.
                            001, EL05-104-000,   and Southern Companies
                            ER97-4166-021,       Services, Inc.
                            ER96-780-010, EL04-
                            124-003, EL05-104-
                            001.
E-6......................  ER97-4166-022, ER96- Southern Companies
                            780-012, EL04-124-   Energy Marketing, L.P.
                            004.                 and Southern Companies
                                                 Services, Inc.
E-7......................  ER07-550-000, ER07-  Midwest Independent
                            550-001.             Transmission System
                                                 Operator, Inc.
E-8......................  ER05-1410-002, EL05- PJM Interconnection,
                            148-002, ER05-1410-  L.L.C.
                            003, EL05-148-003.
E-9......................  EL07-48-000........  Entergy Services, Inc.
E-10.....................  OMITTED............
E-11.....................  EL07-42-000........  Constellation Energy
                                                 Commodities Group, Inc.
E-12.....................  EL07-46-000........  Morgan Stanley Capital
                                                 Group, Inc. and
                                                 Barclays Bank, Plc.
E-13.....................  EL00-95-000........  San Diego Gas & Electric
                                                 Company v. Sellers of
                                                 Energy and Ancillary
                                                 Services.
                           EL00-98-000........  Investigation of
                                                 Practices of the
                                                 California Independent
                                                 System Operator and the
                                                 California Power
                                                 Exchange.
                           EL01-10-000........  Puget Sound Energy, Inc.
                                                 v. Sellers of Energy
                                                 and/or Capacity.
                           IN03-10-000........  Investigation of
                                                 Anomalous Bidding
                                                 Behavior and Practices
                                                 in Western Markets.
                           PA02-2-000.........  Fact-Finding
                                                 Investigation into
                                                 Possible Manipulation
                                                 of Electric and Natural
                                                 Gas Prices PacifiCorp.
                           EL03-163-000, EL03-  PPM Energy, Inc. (f/k/a
                            197-000.             PacifiCorp Power
                                                 Marketing, Inc.).
                           ER03-746-000.......  California Independent
                                                 System Operator
                                                 Corporation.
E-14.....................  EL00-95-194........  San Diego Gas & Electric
                                                 Company v. Sellers of
                                                 Energy and Ancillary
                                                 Services.
                           EL00-98-178........  Investigation of
                                                 Practices of the
                                                 California Independent
                                                 System Operator and the
                                                 California Power
                                                 Exchange.
                           IN03-10-026........  Investigation of
                                                 Anomalous Bidding
                                                 Behavior and Practices
                                                 in Western Markets.
                           PA02-2-040.........  Fact-Finding
                                                 Investigation into
                                                 Potential Market
                                                 Manipulation of
                                                 Electric and Natural
                                                 Gas Prices.
                           EL03-179-006, IN01-  Williams Energy Services
                            3-004.               Corporation. AES
                                                 Southland, Inc.
                                                 Williams Energy
                                                 Marketing & Trading
                                                 Inc.
E-15.....................  EL00-95-191........  San Diego Gas & Electric
                                                 Company v. Sellers of
                                                 Energy and Ancillary
                                                 Services.
                           EL00-98-176........  Investigation of
                                                 Practices of the
                                                 California Independent
                                                 System Operator and the
                                                 California Power
                                                 Exchange
                           EL01-10-021........  Puget Sound Energy, Inc.
                                                 v. Sellers of Energy
                                                 and/or Capacity.
                           IN03-10-024........  Investigation of
                                                 Anomalous Bidding
                                                 Behavior and Practices
                                                 in Western Markets.
                           PA02-2-038.........  Fact-Finding
                                                 Investigation into
                                                 Possible Manipulation
                                                 of Electric and Natural
                                                 Gas Prices.
                           EL03-187-006.......  El Paso Merchant Energy,
                                                 L.P.
E-16.....................  EL05-15-008........  Arkansas Electric
                                                 Cooperative Corporation
                                                 v. Entergy Arkansas,
                                                 Inc.
E-17.....................  ER07-772-000, ER07-  Midwest Independent
                            813-000, ER05-1230-  Transmission System
                            001.                 Operator, Inc.
E-18.....................  ER07-805-000.......  California Independent
                                                 System Operator
                                                 Corporation.
E-19.....................  ER07-87-000, ER07-   ISO New England Inc.
                            87-001.
E-20.....................  EL07-69-000........  Western Systems Power
                                                 Pool Agreement.
                           ER91-195-000.......  Western Systems Power
                                                 Pool.
E-21.....................  EL05-25-001, EL05-   Tenaska Alabama II
                            25-002, EL05-25-     Partners, L.P. v.
                            003.                 Alabama Power Company
                                                 and Southern Company
                                                 Services, Inc.
                           EL05-26-001, EL05-   Tenaska Alabama
                            26-002, EL05-26-     Partners, L.P. v.
                            003.                 Alabama Power Company
                                                 and Southern Company
                                                 Services, Inc.
                           EL05-27-001, EL05-   Tenaska Georgia
                            27-002, EL05-27-     Partners, L.P. v.
                            003.                 Georgia Power Company
                                                 and Southern Company
                                                 Services, Inc.
E-22.....................  ER06-448-001.......  Southwest Power Pool.

E-23.....................  QM07-4-000.........  American Electric Power
                                                 Services Corporation.
                                                Appalachian Power
                                                 Company.
                                                Columbus Southern Power
                                                 Company.
                                                Indiana Michigan Power
                                                 Company.
                                                Kentucky Power Company.
                                                Kingsport Power Company.
                                                Ohio Power Company.
                                                Wheeling Power Company.
E-24.....................  OMITTED............
E-25.....................  RM07-18-000........  Elimination of FERC Form
                                                 423.
------------------------------------------------------------------------
                              Miscellaneous
------------------------------------------------------------------------
M-1......................  RM96-1-027.........  Standards for Business
                                                 Practices for
                                                 Interstate Natural Gas
                                                 Pipelines.
                           RM05-5-001.........  Standards for Business
                                                 Practices for Public
                                                 Utilities.
------------------------------------------------------------------------
                                   Gas
------------------------------------------------------------------------
G-1......................  RP06-407-000.......  Gas Transmission
                                                 Northwest Corporation.
G-2......................  PR07-10-000........  Kinder Morgan Texas
                                                 Pipeline, L.P.
------------------------------------------------------------------------
                                  Hydro
------------------------------------------------------------------------
H-1......................  P-9401-065.........  Mount Hope Waterpower
                                                 Project, LLP.
H-2......................  P-2785-063, P-10808- Synex Michigan, LLC.
                            036, P-10809-030,
                            P-10810-034.
------------------------------------------------------------------------
                              Certificates
------------------------------------------------------------------------
C-1......................  RM06-7-001.........  Revisions to the Blanket
                                                 Certificate Regulations
                                                 and Clarification
                                                 Regarding Rates.
C-2......................  RM07-17-000........  Revisions to Landowner
                                                 Notification and
                                                 Blanket Certificate
                                                 Regulations.
C-3......................  CP06-19-001........  Windy Hill Gas Storage,
                                                 LLC.
C-4......................  CP05-18-000........  Equitrans, L.P.
C-5......................  CP06-448-000, CP06-  Natural Gas Pipeline
                            448-001.             Company of America.
                           CP06-449-000, CP06-  Kinder Morgan Louisiana
                            449-001, CP06-450-   Pipeline LLC.
                            000, CP06-450-001,
                            CP06-451-000, CP06-
                            451-001.
------------------------------------------------------------------------

    A free webcast of this event is available through http://www.ferc.gov.
 Anyone with Internet access who desires to view this

event can do so by navigating to http://www.ferc.gov's Calendar of Events and

locating this event in the Calendar. The event will contain a link to
its webcast. The Capitol Connection provides technical support for the
free webcasts. It also offers access to this event via television in
the DC area and via phone bridge for a fee. If you have any questions,
visit http://www.CapitolConnection.org or contact Danelle Perkowski or

David Reininger at<PHONE_NUMBER>.
    Immediately following the conclusion of the Commission Meeting, a
press briefing will be held in the Commission Meeting Room. Members of
the public may view this briefing in the designated overflow room. This
statement is intended to notify the public that the press briefings
that follow Commission meetings may now be viewed remotely at
Commission headquarters, but will not be telecast through the Capitol
Connection service.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-11954 Filed 6-19-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 64 (Wednesday, April 5, 2017)]
[Notices]
[Pages 16608-16610]
[FR Doc No: 2017-06678]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2017-0002; Internal Agency Docket No. FEMA-B-1706]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR). The LOMR will be used by
insurance agents and others to calculate appropriate flood insurance
premium rates for new buildings and the contents of those buildings.
For rating purposes, the currently effective community number is shown
in the table below and must be used for all new policies and renewals.

DATES: These flood hazard determinations will become effective on the
dates listed in the table below and revise the FIRM panels and FIS
report in effect prior to this determination for the listed
communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has 90 days in
which to request through the community that the Deputy Associate
Administrator for Insurance and Mitigation reconsider the changes. The
flood hazard determination information may be changed during the 90-day
period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These flood hazard determinations, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. The flood hazard
determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: March 21, 2017.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Chief executive                         Online location of
        State and county           Location and case       officer of         Community map        letter of map        Effective date of     Community
                                          no.               community          repository             revision             modification          No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona:
    Maricopa....................  City of Goodyear     The Honorable       Engineering         http://                May 12, 2017.........       040046
                                   (16-09-0749P).       Georgia Lord,       Department, 14455   www.msc.fema.gov/
                                                        Mayor, City of      West Van Buren      lomc.
                                                        Goodyear 190        Street, Goodyear,
                                                        North Litchfield    AZ 85338.
                                                        Road, Goodyear,
                                                        AZ 85338.
    Maricopa....................  Unincorporated       The Honorable       Flood Control       http://                May 26, 2017.........       040037
                                   Areas of Maricopa    Clint L. Hickman,   District of         www.msc.fema.gov/
                                   County (16-09-       Chairman, Board     Maricopa County,    lomc.
                                   2698P).              of Supervisors,     2801 West Durango
                                                        Maricopa County,    Street, Phoenix,
                                                        301 West            AZ 85009.
                                                        Jefferson Street,
                                                        10th Floor,
                                                        Phoenix, AZ 85003.

    Pinal.......................  Town of Florence     The Honorable Tom   Department of       http://                May 12, 2017.........       040084
                                   (16-09-1788P).       Rankin, Mayor,      Public Works, 425   www.msc.fema.gov/
                                                        Town of Florence,   East Ruggles,       lomc.
                                                        775 North Main      Florence, AZ
                                                        Street, Florence,   85132.
                                                        AZ 85132.
California:
    Calaveras...................  City of Angels (16-  The Honorable Wes   Public Works        http://                May 17, 2017.........       060021
                                   09-3078P).           Kulm, Mayor, City   Department, 2990    www.msc.fema.gov/
                                                        of Angels, 584      Centennial Road,    lomc.
                                                        South Main          Angels Camp, CA
                                                        Street, Angels      95222.
                                                        Camp, CA 95222.
    Calaveras...................  Unincorporated       The Honorable       Calaveras County,   http://                May 17, 2017.........       060633
                                   Areas of Calaveras   Michael C.          Planning            www.msc.fema.gov/
                                   County (16-09-       Oliveria,           Department, 891     lomc.
                                   3078P).              Chairman, Board     Mountain Ranch
                                                        of Supervisors,     Road, San
                                                        Calaveras County,   Andreas, CA 95249.
                                                        891 Mountain
                                                        Ranch Road, San
                                                        Andreas, CA 95249.
    Monterey....................  Unincorporated       The Honorable Jane  Monterey County,    http://                May 18, 2017.........       060195
                                   Areas of Monterey    Parker, Chair,      Water Resources     www.msc.fema.gov/
                                   County (17-09-       Board of            Agency, 893         lomc.
                                   0070P).              Supervisors,        Blanco Circle,
                                                        Monterey County,    Salinas, CA 93901.
                                                        P.O. Box 1728,
                                                        Salinas, CA 93902.
    San Diego...................  City of Poway (17-   The Honorable       City Hall, 13325    http://                May 26, 2017.........       060702
                                   09-0196P).           Steve Vaus,         Civic Center        www.msc.fema.gov/
                                                        Mayor, City of      Drive, Poway, CA    lomc.
                                                        Poway, 13325        92064.
                                                        Civic Center
                                                        Drive, Poway, CA
                                                        92064.
Idaho:..........................
      Ada.......................  Unincorporated       Mr. Jim Tibbs,      Ada County, County  http://                May 17, 2017.........       160001
                                   Areas of Ada         Commissioner, Ada   Courthouse, 200     www.msc.fema.gov/
                                   County (16-10-       County, 200 West    West Front          lomc.
                                   1405P).              Front Street, 3rd   Street, Boise, ID
                                                        Floor, Boise, ID    83702.
                                                        83702.
Illinois:
    Will........................  Village of           The Honorable John  Village Hall, 1050  http://                May 19, 2017.........       170711
                                   Romeoville (16-05-   D. Noak, Mayor,     West Romeo Road,    www.msc.fema.gov/
                                   5619P).              Village of          Romeoville, IL      lomc.
                                                        Romeoville, 1050    60446.
                                                        West Romeo Road,
                                                        Romeoville, IL
                                                        60446.
Indiana:
    Miami.......................  City of Peru (16-05- The Honorable       Miami County        http://                May 17, 2017.........       180168
                                   4366P).              Gabriel Greer,      Courthouse, 25      www.msc.fema.gov/
                                                        Mayor, City of      North Broadway      lomc.
                                                        Peru, City Hall,    Street, Peru, IN
                                                        35 South            46970.
                                                        Broadway, Peru,
                                                        IN 46970.
    Miami.......................  Unincorporated       The Honorable Josh  Miami County        http://                May 17, 2017.........       180409
                                   Areas of Miami       Francis,            Courthouse, 25      www.msc.fema.gov/
                                   County (16-05-       Chairman, Miami     North Broadway      lomc.
                                   4366P).              County              Street, Room 105,
                                                        Commissioners,      Peru, IN 46970.
                                                        Miami County
                                                        Courthouse, 25
                                                        North Broadway,
                                                        Peru, IN 46970.
Iowa:
    Scott.......................  City of Davenport,   The Honorable       City Hall, 226      http://                May 18, 2017.........       190242
                                   (16-07-1205P)..      Frank Klipsch,      West 4th Street,    www.msc.fema.gov/
                                                        Mayor, City of      Davenport, IA       lomc..
                                                        Davenport, City     52801..
                                                        Hall, 226 West
                                                        4th Street,
                                                        Davenport, IA
                                                        52801..
Minnesota:
    Clay........................  Unincorporated       The Honorable       Clay County         http://                May 9, 2017..........       275235
                                   Areas of Clay        Wayne Ingersoll,    Courthouse, 807     www.msc.fema.gov/
                                   County (17-05-       Vice Chair, Clay    11th Street         lomc.
                                   0558P).              County Board of     North, Moorhead,
                                                        Commissioners,      MN 56560.
                                                        807 11th Street
                                                        North, Moorhead,
                                                        MN 56560.
Missouri:
    St. Charles.................  City of O'Fallon     The Honorable Bill  City Hall, 100      http://                May 12, 2017.........       290316
                                   (16-07-1736P).       Hennessy, Mayor,    North Main          www.msc.fema.gov/
                                                        City of O'Fallon,   Street, O'Fallon,   lomc.
                                                        100 North Main      MO 63366.
                                                        Street, O'Fallon,
                                                        MO 63366.
    St. Charles.................  Unincorporated       Mr. Steve Ehlmann,  County              http://                May 12, 2017.........       290315
                                   Areas of St.         County Executive,   Administration      www.msc.fema.gov/
                                   Charles County (16-  St. Charles         Building, 202       lomc.
                                   07-1736P).           County, 100 North   North 2nd Street
                                                        3rd Street Suite    Suite 420, St.
                                                        318, St. Charles,   Charles, MO 63301.
                                                        MO 63301.
Ohio:

    Huron.......................  City of Bellevue     The Honorable       Bellevue City       http://                May 12, 2017.........       390487
                                   (16-05-5908P).       Kevin G.            Centre, 3000        www.msc.fema.gov/
                                                        Strecker, Mayor,    Seneca Industrial   lomc.
                                                        City of Bellevue,   Parkway,
                                                        3000 Seneca         Bellevue, OH
                                                        Industrial          44811.
                                                        Parkway,
                                                        Bellevue, OH
                                                        44811.
    Sandusky....................  Unincorporated       Mr. Charles         Sandusky Regional   http://                May 12, 2017.........       390486
                                   Areas of Sandusky    Schwochow,          Planning Office,    www.msc.fema.gov/
                                   County (16-05-       Sandusky County     606 West State      lomc.
                                   5908P).              Commissioner, 622   Street, Fremont,
                                                        Croghan Street,     OH 43420.
                                                        Fremont, OH 43420.
Texas:
    Tarrant.....................  City of Colleyville  The Honorable       City Hall, 401 Oak  http://                April 26, 2017.......       480590
                                   (17-06-0726P).       David Kelly,        Valley Road,        www.msc.fema.gov/
                                                        Mayor, City of      Colleyville, TX     lomc.
                                                        Colleyville, City   76034.
                                                        Hall, 100 Main
                                                        Street,
                                                        Colleyville, TX
                                                        76034.
    Tarrant.....................  City of Euless (17-  The Honorable       City Hall, 201      http://                April 26, 2017.......       480593
                                   06-0726P).           Linda Martin,       North Ector         www.msc.fema.gov/
                                                        Mayor, City of      Drive, Euless, TX   lomc.
                                                        Euless, City        76039.
                                                        Hall, 201 North
                                                        Ector Drive,
                                                        Euless, TX 76039.
Wisconsin:
    Rock........................  City of Evansville   The Honorable Bill  City Hall, 31       http://                May 4, 2017..........       550366
                                   (16-05-6630P).       Hurtley, Mayor,     South Madison       www.msc.fema.gov/
                                                        City of             Street,             lomc.
                                                        Evansville City     Evansville, WI
                                                        Hall, 31 South      53536.
                                                        Madison Street,
                                                        Evansville, WI
                                                        53536.
    Rock........................  Unincorporated       Mr. Joshua M.       Rock County         http://                May 4, 2017..........       550363
                                   Areas of Rock        Smith, County       Courthouse, 51      www.msc.fema.gov/
                                   County (16-05-       Administrator       South Main          lomc.
                                   6630P).              Rock County, Rock   Street,
                                                        County              Janesville, WI
                                                        Courthouse, 51      53545.
                                                        South Main
                                                        Street,
                                                        Janesville, WI
                                                        53545.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-06678 Filed 4-4-17; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Rules and Regulations]
[Pages 24468-24472]
[FR Doc No: 2017-10288]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6667; Directorate Identifier 2015-NM-125-AD;
Amendment 39-18882; AD 2017-10-08]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2009-21-01 for
certain The Boeing Company Model 737-300 and 737-400 series airplanes.
AD 2009-21-01 required repetitive inspections to detect cracking of the
aft fuselage skin, and related investigative and corrective actions if
necessary. This new AD adds certain inspections, repairs, replacement,
related investigative and corrective actions if necessary; and removes
certain airplanes from the applicability. This AD was prompted by an
evaluation by the design approval holder (DAH) indicating that the aft
fuselage skin is subject to widespread fatigue damage (WFD), and by
reports of aft fuselage cracking. We are issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective July 5, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 5,
2017.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6667.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6667; or in person at the Docket Management Facility 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 address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Jennifer Tsakoumakis, Aerospace
Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft
Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA
90712-4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2009-21-01, Amendment 39-16038 (74 FR 52395,
October 13, 2009) (``AD 2009-21-01''). AD 2009-21-01 applied to certain
the Boeing Company Model 737-300 and 737-400 series airplanes. The NPRM
published in the Federal Register on May 13, 2016 (81 FR 29802). The
NPRM was prompted by an evaluation by the DAH indicating that the aft
fuselage skin is subject to WFD, and by reports of aft fuselage
cracking. The NPRM proposed to continue to require repetitive
inspections to detect cracking of the aft fuselage skin, and related
investigative and corrective actions if necessary. The NPRM also
proposed to add new aft fuselage skin inspections for cracking,
inspections to detect missing or loose fasteners and any disbonding or
cracking of bonded doublers, permanent repairs of time-limited repairs,
related investigative and corrective actions if necessary, and skin
panel replacement. The NPRM also proposed to remove Model 737-400
series airplanes from the applicability. We are issuing this AD to
detect and correct cracking in the aft fuselage skin along the
longitudinal edges of the chem-milled pockets in the bonded skin
doubler, which could result in possible rapid decompression and reduced
structural integrity of the airplane.

Comments

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

Request To Revise the Precipitating Event Statement

    Boeing requested that we revise the precipitating event statement
by including that there have been reports of aft fuselage cracking.
Boeing stated that this revision would be consistent with wording of
other related rulemaking.
    We agree with Boeing's request because it provides additional
clarity to the precipitating event statement. We have revised the
SUMMARY and Discussion sections, and paragraph (e) of this AD
accordingly.

Request To Require Reinstalling Lap Joint Modification

    Jet2.com Limited (Jet2) requested that we revise the NPRM to
require reinstalling the lap joint modification previously installed in
accordance with AD 2015-21-06, Amendment 39-18298 (80 FR 69839,
November 12, 2015) (``AD 2015-21-06''), which requires the S-14 lap
joint to be trimmed out prior to 50,000 total flight cycles. Jet2
stated that Boeing Special Attention Service Bulletin 737-53-1168,
Revision 4, dated June 3, 2015 (``SASB 737-53-1168, Revision 4'')
specifies reinstalling the lap joint modification.
    We do not agree with the commenter's request. The modification
required in AD 2015-21-06 consists of trimming out the lap splice, such
that if this modification were installed, it would be impossible to
install a new skin without reinstalling the lap modification. If the
instructions in SASB 737-53-1168, Revision 4, to reinstall the lap
splice modification were accidently overlooked, it would become clear
to the installer that the reinstallation would be required. We have not
changed this AD in this regard.

Request To Address Certain Repairs

    Boeing requested that we add a paragraph to the proposed AD to
address repairs that are installed on the airplane for reasons other
than chem-mill cracking. Boeing submitted suggested language and
pointed out that the additional language is similar to that in other
rulemaking.
    We disagree with Boeing's request. Part 1 of the Accomplishment
Instructions of SASB 737-53-1168, Revision 4, does not make a
distinction regarding why an existing repair was installed. Therefore,
repairs installed for damage other than a chem-mill crack are already
addressed. We have not changed this AD in this regard.

Request To Revise Proposed Compliance Time

    Boeing requested that we revise paragraph (h)(4) of the proposed AD
to do the actions at an initial compliance time obtained through the
alternative method of compliance (AMOC) process specified in paragraph
(n)(1) of the proposed AD. Boeing stated that the repetitive
inspections would still be done at the times specified in the service
information. Boeing also requested that we include in the paragraph
revision the terminating action of skin panel replacement at the time
approved through an AMOC. Boeing stated that its request would provide
a reset on the compliance times if the skin panel was replaced prior to
53,000 total airplane cycles. Boeing explained that its authorized
representative under the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) cannot approve extensions to the
compliance times.
    We partially agree with Boeing's request. We agree that, for
airplanes with skin panels replaced prior to 53,000 total flight
cycles, in order to reset the inspection threshold on the replaced skin
panels, approval must come from the FAA. Under the provisions of
paragraph (n) of this AD, we may consider requests for a reset of the
compliance times if the skin panel was replaced prior to 53,000 total
airplane cycles if data are submitted to substantiate that such an
adjustment would provide an acceptable level of safety. We have not
changed this AD in this regard.

Request To Specify the Service Information Accomplishment Instructions
Part Numbers

    Boeing requested that we add the specific part of the
accomplishment instructions in paragraphs (i)(1)(ii), (i)(2)(ii), and
(j) of the proposed AD. Boeing stated that paragraph (g) of the
proposed AD specifies the specific part number, and that this change
would make these paragraphs consistent with the wording in paragraph
(g) of the proposed AD.
    We agree with Boeing's request. We agree that specifying the
specific part of the Accomplishment Instructions of SASB 737-53-1168,
Revision 4, will add clarity to the AD. We have revised paragraphs
(i)(1)(ii), (i)(2)(ii), and (j) of this AD accordingly.

Request To Revise Flight Cycle Limit for Replacement Kit Skin Panels

    Boeing requested that we revise paragraph (l) of the proposed AD to
specify that skin panel replacements using the kit identified in SASB
737-53-1168, Revision 4, do not have the lower flight cycle limit
restriction that the production skin panel replacements have.
    We agree with Boeing's request because the skin panel replacements
using the kit identified in SASB 737-53-1168, Revision 4, is an
improved design compared to the production skin panels, and therefore,
do not need the lower flight cycle limit restriction. We have added
paragraph (l)(3) to this AD, which states, in part, that if the skin
panel is replaced with a kit skin panel as specified in SASB 737-53-
1168, Revision 4, the 53,000 total flight cycle limit does not apply.

Request To Remove Flight-Cycle Restriction for Certain Actions

    Boeing requested that we revise paragraphs (m)(2), (m)(3), and
(n)(5) of the proposed AD to remove the flight cycle restriction for
certain previously accomplished actions using certain service
information. Boeing stated that the only skin panel replacements
specified in previous revisions of SASB 737-53-1168 are those using the
kit panels, and that those panels do not have the flight-cycle limit
specified in paragraphs (m)(2), (m)(3), and (n)(5) of the proposed AD.
    We agree with the commenter's request because the skin panel
replacements using the kit identified in SASB 737-53-1168, Revision 4,
are an improved design compared to the production skin panels, and
therefore, do not need the lower flight cycle limit restriction. We
have revised paragraphs (m)(2), (m)(3), and (n)(5) of this AD
accordingly.

Request To Specify Terminating Action

    Qantas Airways Limited (Qantas) requested that we revise paragraphs
(g) and (l) of the proposed AD to specify terminating action. Qantas
pointed out that replacing the skin panels with kit panels instead of
production panels, as specified in SASB 737-53-1168, terminates the
repetitive inspections identified in paragraphs (g), (i), and (j) of
the proposed AD. Additionally, Qantas pointed out that replacement with
kit skin panels using any revision of SASB 737-53-1168 before the
effective date of the AD should also terminate the repetitive
inspections identified in paragraphs (g), (i), and (j) of the proposed
AD.
    We agree with the commenter's request because the skin panel
replacements using the kit identified in SASB 737-53-1168, Revision 4,
are an improved design compared to the production skin panels and
therefore, should terminate the repetitive inspections. We have revised
paragraphs (m)(2), (m)(3), and (n)(5) of this AD accordingly.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing Supplemental
Type Certificate (STC) ST01219SE does not affect the actions specified
in the NPRM.
    We concur with the commenter. We have redesignated paragraph (c) of
the proposed AD as paragraph (c)(1) of this AD and added paragraph
(c)(2) to this AD to state that installation of STC ST01219SE does not
affect the ability to

accomplish the actions required by this final rule. Therefore, for
airplanes on which STC ST01219SE is installed, a ``change in product''
AMOC approval request is not necessary to comply with the requirements
of 14 CFR 39.17.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously, and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed SASB 737-53-1168, Revision 4. The service information
describes procedures for doing inspections of the fuselage skin,
repairs, and skin panel replacement. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 168 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                         Cost per
            Action                  Labor cost         Parts cost        product        Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Inspections..................  Up to 1,791 work-                 $0  Up to $152,235.  Up to $25,575,480.
                                hours x $85 per
                                hour = $152,235.
Skin replacement.............  624 work-hours x $85          98,275  $151,315.......  $25,420,920.
                                per hour = $53,040.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs that
would be required based on the results of the inspections. We have no
way of determining the number of aircraft that might need these
repairs:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
             Action                      Labor cost           Parts cost              Cost per product
----------------------------------------------------------------------------------------------------------------
Time-limited repair.............  24 work-hours x $85 per            (\1\)  $2,040 per repair.
                                   hour = $2,040 per
                                   repair.
Permanent repair................  Up to 43 work[dash]hours           (\1\)  Up to $3,655 per repair.
                                   x $85 per hour = $3,655
                                   per repair.
----------------------------------------------------------------------------------------------------------------
\1\ We have received no definitive data that would enable us to provide the part cost estimates for the on-
  condition actions specified in this AD.

    We estimate the following costs to do any necessary post-repair
inspections that would be required. We have no way of determining the
number of aircraft that might need these inspections:

                                          Post-Repair Inspection Costs
----------------------------------------------------------------------------------------------------------------
             Action                      Labor cost           Parts cost              Cost per product
----------------------------------------------------------------------------------------------------------------
Post-repair inspection..........  Up to 7 work[dash]hours               $0  Up to $595.
                                   x $85 per hour = $595.
----------------------------------------------------------------------------------------------------------------

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),
    (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.

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 removing Airworthiness Directive (AD)
2009-21-01, Amendment 39-16038 (74 FR 52395, October 13, 2009), and
adding the following new AD:

2017-10-08 The Boeing Company: Amendment 39-18882; Docket No. FAA-
2016-6667; Directorate Identifier 2015-NM-125-AD.

(a) Effective Date

    This AD is effective July 5, 2017.

(b) Affected ADs

    This AD replaces AD 2009-21-01, Amendment 39-16038 (74 FR 52395,
October 13, 2009) (``AD 2009-21-01'').

(c) Applicability

    (1) This AD applies to The Boeing Company Model 737-300 series
airplanes, certificated in any category, as identified in Boeing
Special Attention Service Bulletin 737-53-1168, Revision 4, dated
June 3, 2015 (``SASB 737-53-1168, Revision 4'').
    (2) Installation of Supplemental Type Certificate (STC)
ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/ebd1cec7b301293e86257cb30045557a/$FILE/ST01219SE.pdf)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST01219SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval
holder (DAH) indicating that the aft fuselage skin is subject to
widespread fatigue damage (WFD), and reports of aft fuselage
cracking. We are issuing this AD to detect and correct cracking in
the aft fuselage skin along the longitudinal edges of the chem-
milled pockets in the bonded skin doubler, which could result in
possible rapid decompression and reduced structural integrity of the
airplane.

(f) Compliance

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

(g) Inspections, Related Investigative and Corrective Actions

    At the applicable times specified in tables 1 and 2 of paragraph
1.E., ``Compliance,'' of SASB 737-53-1168, Revision 4, except as
required by paragraphs (h)(1) and (h)(2) of this AD: Do the
applicable inspections to detect cracks in the aft fuselage skin
panels, and do all applicable related investigative and corrective
actions, in accordance with the Accomplishment Instructions of SASB
737-53-1168, Revision 4, except as required by paragraphs (h)(3) and
(h)(4) of this AD. Do all applicable related investigative and
corrective actions before further flight. Repeat the applicable
inspections thereafter at the applicable intervals specified in
tables 1 and 2 of paragraph 1.E., ``Compliance,'' of SASB 737-53-
1168, Revision 4. Accomplishment of a repair in accordance with
``Part 4: Repair'' of the Accomplishment Instructions of SASB 737-
53-1168, Revision 4, except as required by paragraph (h)(3) of this
AD, is terminating action for the repetitive inspections required by
this paragraph at the repaired locations only.

(h) Exceptions to SASB 737-53-1168, Revision 4

    (1) Where SASB 737-53-1168, Revision 4, specifies compliance
times ``after the Revision 4 date of this service bulletin,'' this
AD requires compliance within the specified compliance times after
the effective date of this AD.
    (2) The Condition column of paragraph 1.E., ``Compliance,'' of
SASB 737-53-1168, Revision 4, refers to airplanes in certain
configurations as of the ``issue date of Revision 4 of this service
bulletin.'' However, this AD applies to airplanes in the specified
configurations ``as of the effective date of this AD.''
    (3) Where SASB 737-53-1168, Revision 4, specifies contacting
Boeing for repair instructions or work instructions, before further
flight, repair or perform the work instructions using a method
approved in accordance with the procedures specified in paragraph
(n) of this AD, except as required by paragraph (h)(4) of this AD.
    (4) For airplanes on which an operator has a record that a skin
panel was replaced with a production skin panel before 53,000 total
flight cycles: At the applicable time for the next inspection as
specified in tables 1 and 2 of paragraph 1.E., ``Compliance,'' of
SASB 737-53-1168, Revision 4, except as provided by paragraph (h)(1)
and (h)(2) of this AD, perform inspections and applicable corrective
actions using a method approved in accordance with the procedures
specified in paragraph (n) of this AD.

(i) Actions for Airplanes With a Time-Limited Repair Installed

    (1) For airplanes with a time-limited repair installed, as
specified in Boeing Service Bulletin 737-53-1168, Revision 3, dated
November 28, 2006: At the applicable times specified in table 3 of
paragraph 1.E., ``Compliance,'' of SASB 737-53-1168, Revision 4,
except as provided by paragraphs (h)(1) and (h)(2) of this AD, do
the actions specified in paragraphs (i)(1)(i) and (i)(1)(ii) of this
AD.
    (i) Do the applicable inspections to detect missing or loose
fasteners and any disbonding or cracking of bonded doublers, and do
all applicable related investigative and corrective actions, in
accordance with the Accomplishment Instructions of SASB 737-53-1168,
Revision 4, except as required by paragraph (h)(3) of this AD. Do
all applicable related investigative and corrective actions before
further flight. Repeat the applicable inspections thereafter at the
applicable intervals specified in SASB 737-53-1168, Revision 4.
    (ii) Make the time-limited repair permanent, and do all
applicable related investigative and corrective actions, in
accordance with Part 6 of the Accomplishment Instructions of SASB
737-53-1168, Revision 4, except as required by paragraph (h)(3) of
this AD. Do all applicable related investigative and corrective
actions before further flight. Accomplishing the permanent repair
required by this paragraph terminates the inspections required by
paragraph (i)(1)(i) of this AD for the permanently repaired area
only.
    (2) For airplanes with a time-limited repair installed, as
specified in SASB 737-53-1168, Revision 4: At the applicable times
specified in table 4 of paragraph 1.E., ``Compliance,'' of SASB 737-
53-1168, Revision 4, do the actions specified in paragraphs
(i)(2)(i) and (i)(2)(ii) of this AD.
    (i) Do the applicable inspections to detect missing or loose
fasteners and any disbonding or cracking of bonded doublers, and do
all applicable related investigative and corrective actions, in
accordance with the Accomplishment Instructions of SASB 737-53-1168,
Revision 4, except as required by paragraph (h)(3) of this AD. Do
all applicable related investigative and corrective actions before
further flight. Repeat the applicable inspections thereafter at the
applicable intervals specified in table 4 of paragraph 1.E.,
``Compliance,'' of SASB 737-53-1168, Revision 4.
    (ii) Make the time-limited repair permanent, and do all
applicable related investigative and corrective actions, in
accordance with Part 6 of the Accomplishment Instructions of SASB
737-53-1168, Revision 4, except as required by paragraph (h)(3) of
this AD. Do all applicable related investigative and corrective
actions before further flight. Accomplishing the permanent repair
required by this paragraph terminates the inspections required by
paragraph (i)(2)(i) of this AD for the permanently repaired area
only.

(j) Modification of Certain Permanent Repairs

    For airplanes with an existing time-limited repair that was made
permanent, as specified in Boeing Service Bulletin 737-53-1168,
Revision 3, dated November 28, 2006: At the applicable times
specified in table 5 of paragraph 1.E., ``Compliance,'' of SASB 737-
53-1168, Revision 4, except as provided by paragraphs (h)(1) of this
AD, modify the existing permanent repair, and do all applicable
related investigative and corrective actions, in accordance with
Part 6 of the Accomplishment Instructions of SASB 737-53-1168,
Revision 4, except as required

by paragraph (h)(3) of this AD. Do all applicable related
investigative and corrective actions before further flight.

(k) Post-Repair Inspections

    Table 6 of paragraph 1.E., ``Compliance,'' of SASB 737-53-1168,
Revision 4, specifies post-repair airworthiness limitation
inspections in compliance with 14 CFR 25.571(a)(3) at the repaired
locations, which support compliance with 14 CFR 121.1109(c)(2) or
129.109(b)(2). As airworthiness limitations, these inspections are
required by maintenance and operational rules. It is therefore
unnecessary to mandate them in this AD. Deviations from these
inspections require FAA approval, but do not require an AMOC.

(l) Skin Panel Replacement

    At the later of the times specified in paragraphs (l)(1),
(1)(2), and (l)(3) of this AD: Replace the applicable skin panels,
and do all applicable related investigative and corrective actions,
in accordance with the Accomplishment Instructions of SASB 737-53-
1168, Revision 4. Do all applicable related investigative and
corrective actions before further flight. Doing the skin panel
replacement required by this paragraph terminates the inspection
requirements of paragraphs (g), (i), and (j) of this AD for that
skin panel only, provided the skin panel replacement was done with a
production skin panel after 53,000 total flight cycles.
    (1) Before 60,000 total flight cycles, but not before 53,000
total flight cycles.
    (2) Within 6,000 flight cycles after the effective date of this
AD, but not before 53,000 total flight cycles.
    (3) If the skin panel is replaced with a production skin panel,
not before 53,000 total flight cycles. If the skin panel is replaced
with a kit skin panel as specified in SASB 737-53-1168, Revision 4,
the 53,000 total flight cycle limit does not apply.

(m) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Service Bulletin 737-53-1168,
Revision 3, dated November 28, 2006, except as required by paragraph
(h)(4) of this AD. Boeing Service Bulletin 737-53-1168, Revision 3,
dated November 28, 2006, was incorporated by reference in AD 2009-
21-01.
    (2) This paragraph provides credit for the actions required by
paragraph (l) of this AD, if those actions were performed before the
effective date of this AD using Boeing Service Bulletin 737-53-1168,
Revision 3, dated November 28, 2006, except as required by paragraph
(h)(4) of this AD. Boeing Service Bulletin 737-53-1168, Revision 3,
dated November 28, 2006, was incorporated by reference in AD 2009-
21-01.
    (3) This paragraph provides credit for the actions required by
paragraph (l) of this AD, if those actions were performed before
November 17, 2009 (the effective date of AD 2009-21-01), using any
service information specified in paragraphs (m)(3)(i), (m)(3)(ii),
and (m)(3)(iii) of this AD, provided the replacement is made with a
kit skin panel, except as required by paragraph (h)(4) of this AD.
The service information specified in paragraphs (m)(3)(i),
(m)(3)(ii), and (m)(3)(iii) of this AD was incorporated by reference
in AD 2009-21-01.
    (i) Part 3 of the Accomplishment Instructions of Boeing Service
Bulletin 737-53-1168, dated March 16, 1995.
    (ii) Part 3 of the Accomplishment Instructions of Boeing Service
Bulletin 737-53-1168, Revision 1, dated August 17, 1995.
    (iii) Part 3 of the Accomplishment Instructions of Boeing
Service Bulletin 737-53-1168, Revision 2, dated November 27, 1996.

(n) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. In accordance
with 14 CFR 39.19, send your request to your principal inspector or
local Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (o)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane and the approval must
specifically refer to this AD.
    (4) AMOCs approved previously for repairs required by AD 2009-
21-01 are approved as AMOCs for the corresponding provisions of
paragraph (g) of this AD.
    (5) AMOCs approved previously for modifications done as optional
terminating action for AD 2009-21-01 are approved as AMOCs for the
skin panel replacement required by paragraph (l) of this AD.

(o) Related Information

    (1) For more information about this AD, contact Jennifer
Tsakoumakis, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los
Angeles ACO, 3960 Paramount Boulevard, Lakewood, CA 90712-4137;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (p)(3) and (p)(4) of this AD.

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Special Attention Service Bulletin 737-53-1168,
Revision 4, dated June 3, 2015.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 2, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-10288 Filed 5-26-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 160 (Monday, August 19, 2019)]
[Notices]
[Pages 42914-42915]
[FR Doc No: 2019-17790]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2018-0435; FRL-9998-26]

Di-isodecyl Phthalate (DIDP); Manufacturer Request for Risk
Evaluation Under the Toxic Substances Control Act (TSCA); Notice of
Availability and Request for Comments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is announcing the availability of and soliciting public
comment on a manufacturer request for a risk evaluation of di-isodecyl
phthalate (DIDP) under the Toxic Substances Control Act (TSCA). The
request was made by ExxonMobil Chemical Company through the American
Chemistry Council's High Phthalates Council. EPA conducts risk
evaluations to determine whether a chemical substance presents an
unreasonable risk of injury to health or the environment without
consideration of costs or other non-risk factors, including an
unreasonable risk to potentially exposed or susceptible subpopulations,
under the conditions of use. In the docket associated with this request
is the manufacturer request for an EPA conducted risk evaluation and
possible additional conditions of use EPA has identified for inclusion
within the scope of a risk evaluation of DIDP. After considering
comments received in response to this solicitation, EPA will make a
decision whether to grant or deny the manufacturer request. All TSCA
risk evaluations, whether EPA-initiated or manufacturer-requested, will
be conducted in the same manner.

DATES: Comments must be received on or before October 3, 2019.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2018-0435, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Eva Cappuccilli, National Program
Chemicals Division, Office of Pollution Prevention and Toxics,
Environmental Protection Agency, Mail Code 7404T, 1200 Pennsylvania
Ave. NW, Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this apply to me?

    This notice is directed to the public in general, and may be of
interest to persons who currently or may manufacture (including
import), process, distribute, use, and/or dispose of DIDP. Since other
entities may also be interested in these risk evaluations, the EPA has
not attempted to describe all the specific entities that may be
affected by this action.

B. What is EPA's authority for taking this action?

    TSCA section 6(b) requires that EPA conduct risk evaluations on
existing chemicals and identifies the minimum components EPA must
include in all chemical substance risk evaluations. 15 U.S.C. 2605(b).
The risk evaluation must not consider costs or other non-risk factors.
15 U.S.C. 2605(b)(4)(F)(iii). The specific risk evaluation process is
set out in 40 CFR part 702 and summarized on EPA's website at https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-evaluations-existing-chemicals-under-tsca.
    TSCA section 6(b) also allows manufacturers of a chemical to
request an EPA-conducted risk evaluation on the chemical. TSCA required
EPA to develop the form and manner under which these requests must be
made, and the criteria for which EPA will determine whether to grant a
request. These requirements and criteria are set out in 40 CFR 702.37.
    Under 40 CFR 702.37(e)(3), EPA is required to assess whether the
circumstances identified in a manufacturer request for a risk
evaluation constitute conditions of use (as defined under TSCA section
(3)(4) and implementing regulations (40 CFR 702.33)), and whether those
conditions of use warrant inclusion within the scope of a risk
evaluation for the chemical substance. EPA will also assess what, if
any, additional conditions of use warrant inclusion within the scope of
a risk evaluation for the chemical substance. EPA will conduct these
assessments based on the same considerations applied in the same manner
as it would for a risk evaluation in the EPA-initiated risk evaluation
process.
    No later than 60 business days after receiving a manufacturer
request for risk evaluation that EPA has determined to be facially
complete (meeting the criteria set forth in 40 CFR 702.37(e)(1)), EPA
is required to submit for publication the receipt of the request in the
Federal Register, open a public docket for the request (which must
contain the manufacturer request and EPA's possible additional
conditions of use), and provide no less than 45 calendar days for
public comment. This notice identifies the docket containing the
manufacturer request, EPA's possible additional conditions of use, and
the basis for including those possible additional conditions of use.
During the public comment period, the public may submit comments and
information relevant to the requested risk evaluation, as well as the
additional possible conditions of use EPA is including in the docket.
    After the comment period closes, the Agency has up to 60 days to
either grant or deny the request to conduct a risk evaluation under 40
CFR 702.37(e)(6). EPA will review the request along with any additional
information received during the comment period, and grant the request
if it determines the request meets all of the following requirements
listed under 40 CFR 702.37(e)(6)(ii):
     The circumstances identified in the request constitute
conditions of use that warrant inclusion in a risk evaluation for the
chemical substance;
     EPA has all the information needed to conduct such risk
evaluation on the conditions of use that were the subject of the
request; and
     All other criteria and requirements of 40 CFR 702.37 have
been met.

C. What action is EPA taking?

    EPA is announcing the availability of and soliciting public comment
on a manufacturer request for a risk evaluation of DIDP under TSCA that
is described in detail in Unit II. Also available in the docket
associated with this request are the manufacturer request and possible
additional conditions of use EPA identified for inclusion in a risk
evaluation of DIDP. This notice satisfies 40 CFR 702.37(e)(4).

C. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed CBI. In addition to one complete
version of the comment that includes information claimed as CBI, a copy
of the comment that does not contain the information claimed as CBI
must be submitted for inclusion in the public docket. Information so
marked will not be disclosed except in accordance with procedures set
forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Summary of This Manufacturer Request

    On May 24, 2019, EPA received a manufacturer request for a TSCA
risk evaluation of DIDP that was made by ExxonMobil Chemical Company
through the American Chemistry Council's High Phthalates Council. After
determining the request was facially complete (i.e., EPA determined
that the request appeared to be consistent with the requirements in 40
CFR 702.37(b) through (d), such as including all the necessary
information in those paragraphs), EPA notified the public of the
receipt of the request on June 13, 2019 via a listserv announcement to
stakeholders.

A. What is di-isononyl phthalate (DIDP)?

    DIDP is a phthalate used as a plasticizer to impart flexibility to
polyvinyl chloride (PVC) in consumer, commercial and industrial
adhesives, sealants, lubricants, greases, and paints and coatings.
There are two commercial products that the manufacturer submitted for
risk evaluation under the name DIDP. The commercial products for DIDP
can be represented by the Chemical Abstracts Service Registry Numbers
(CASRNs) 68515-49-1 and 26761-40-0.

B. What are the conditions of use?

    The manufacturer request for a risk evaluation of DIDP identifying
conditions of use of interest to the manufacturer is included in docket
EPA-HQ-OPPT-2018-0435. Subject to further analysis and public comment,
EPA anticipates including activities identified in the request as
conditions of use in the risk evaluation of DIDP.
    EPA has identified additional conditions of use pursuant to 40 CFR
702.37(e)(3), which are also included in docket EPA-HQ-OPPT-2018-0435.

III. Request for Comment

    The docket associated with this request contains the manufacturer
request (excluding information claimed as CBI) and EPA's possible
additional conditions of use as described 40 CFR 702.37(e)(3), and the
basis for these possible additions. During the comment period, the
public may submit comments and information relevant to the requested
risk evaluation; in particular, commenters are encouraged to identify
any information not included in the request that the commenters believe
would be needed to conduct a risk evaluation, and to provide any other
information relevant to EPA's possible additional conditions of use,
such as information on other conditions of use of the chemical than
those included in the request or in EPA's additional conditions of use.
40 CFR 702.37(e)(4). In addition, at any time prior to the end of the
comment period, the requesting manufacturer(s) may supplement the
original request with any new information it receives. 40 CFR
702.37(e)(5).

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

    Dated: August 13, 2019.
Andrew R. Wheeler,
Administrator.
[FR Doc. 2019-17790 Filed 8-16-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 102 (Friday, May 25, 2018)]
[Notices]
[Pages 24377-24379]
[FR Doc No: 2018-11296]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 33101; File No. 812-14832]

Weiss Strategic Interval Fund and Weiss Multi-Strategy Advisers
LLC

May 21, 2018.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of application for an order under sections 6(c) and 23(c)(3)
of the Investment Company Act of 1940 (the ``Act'') for an exemption
from rule 23c-3 under the Act.

Summary of Application:  Applicants request an order under sections
6(c) and 23(c)(3) of the Act for an exemption from certain provisions
of rule 23c-3 to permit certain registered closed-end investment
companies to make repurchase offers on a monthly basis.

Applicants:  Weiss Strategic Interval Fund (the ``Fund'') and Weiss
Multi-Strategy Advisers LLC (the ``Adviser'').

Filing Dates:  The application was filed on October 11, 2017 and
amended on March 19, 2018.

Hearing or Notification of Hearing:  An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on June 15, 2018, and should be accompanied by proof of
service on the applicants, in the form of an affidavit, or, for
lawyers, a certificate of service. Pursuant to rule 0-5 under the Act,
hearing requests should state the nature of the writer's interest, any
facts bearing upon the desirability of a hearing on the matter, the
reason for the request, and the issues contested. Persons who wish to
be notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE, Washington, DC 20549-1090; Applicants: Jeffrey Dillabough,
Weiss Multi-Strategy Advisers LLC, 320 Park Avenue, New York, NY 10022.

FOR FURTHER INFORMATION CONTACT: Asen Parachkevov, Senior Counsel, or
Andrea Ottomanelli Magovern, Branch Chief, at<PHONE_NUMBER> (Division
of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's website by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. The Fund is a Delaware statutory trust that is registered under
the Act as a diversified, closed-end management investment company that
will be operated as an interval fund. The Adviser is a Delaware limited
liability company and is registered as an investment adviser under the
Investment Advisers Act of 1940. The Adviser serves as investment
adviser to the Fund.
    2. Applicants request that any relief granted also apply to any
registered closed-end management investment company that operates as an
interval fund pursuant to rule 23c-3 for which the Adviser or any
entity controlling, controlled by, or under common control with the
Adviser, or any successor in interest to any such entity,\1\ acts as
investment adviser (the ``Future Funds,'' and together with the Fund,
the ``Funds,'' and each, individually, a ``Fund'').\2\ The Fund's
common shares are not offered or traded in the secondary market and are
not listed on any exchange or quoted on any quotation medium.
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    \1\ A successor in interest is limited to an entity that results
from a reorganization into another jurisdiction or a change in the
type of business organization.
    \2\ All entities currently intending to rely on the requested
relief have been named as applicants. Any entity that relies on the
requested order in the future will do so only in accordance with the
terms and conditions of the application.
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    3. Applicants request an order to permit each Fund to offer to
repurchase a portion of its common shares at one-month intervals,
rather than the three, six, or twelve-month intervals specified by rule
23c-3.
    4. Each Fund will disclose in its prospectus and annual reports its
fundamental policy to make monthly offers to repurchase a portion of
its common shares at net asset value, less deduction of a repurchase
fee, if any, as permitted by rule 23c-3(b)(1). The fundamental policy
will be changeable only by a majority vote of the holders of such
Fund's outstanding voting securities. Under the fundamental policy, the
repurchase offer amount will be determined by the board of trustees of
the applicable Fund (``Board'') prior to each repurchase offer. Each
Fund will comply with rule 23c-3(b)(8)'s requirements with respect to
its trustees

who are not interested persons of such Fund, within the meaning of
section 2(a)(19) of the Act (``Disinterested Trustees'') and their
legal counsel. Each Fund will make monthly offers to repurchase not
less than 5% of its outstanding shares at the time of the repurchase
request deadline. The repurchase offer amounts for the then-current
monthly period, plus the repurchase offer amounts for the two monthly
periods immediately preceding the then-current monthly period, will not
exceed 25% of the outstanding common shares of the applicable Fund.
    5. Each Fund's fundamental policies will specify the means to
determine the repurchase request deadline and the maximum number of
days between each repurchase request deadline and the repurchase
pricing date. Each Fund's repurchase pricing date normally will be the
same date as the repurchase request deadline and pricing will be
determined after close of business on that date.
    6. Pursuant to rule 23c-3(b)(1), each Fund will repurchase shares
for cash on or before the repurchase payment deadline, which will be no
later than seven calendar days after the repurchase pricing date. The
Fund (and any Future Fund) currently intends to make payment by the
fifth business day or seventh calendar day (whichever period is
shorter) following the repurchase pricing date. Each Fund will make
payment for shares repurchased in the previous month's repurchase offer
at least five business days before sending notification of the next
repurchase offer. The Fund intends to, and a Future Fund may, deduct a
repurchase fee in an amount not to exceed 2% from the repurchase
proceeds payable to tendering shareholders, in compliance with rule
23c-3(b)(1).
    7. Each Fund will provide common shareholders with notification of
each repurchase offer no less than seven days and no more than fourteen
days prior to the repurchase request deadline. The notification will
include all information required by rule 23c-3(b)(4)(i). Each Fund will
file the notification and the Form N-23c-3 with the Commission within
three business days after sending the notification to its respective
common shareholders.
    8. The Funds will not suspend or postpone a repurchase offer except
pursuant to the vote of a majority of its Trustees, including a
majority of its Disinterested Trustees, and only under the limited
circumstances specified in rule 23c-3(b)(3)(i). The Funds will not
condition a repurchase offer upon tender of any minimum amount of
shares. In addition, each Fund will comply with the pro ration and
other allocation requirements of rule 23c-3(b)(5) if common
shareholders tender more than the repurchase offer amount. Further,
each Fund will permit tenders to be withdrawn or modified at any time
until the repurchase request deadline, but will not permit tenders to
be withdrawn or modified thereafter.
    9. From the time a Fund sends its notification to shareholders of
the repurchase offer until the repurchase pricing date, a percentage of
such Fund's assets equal to at least 100% of the repurchase offer
amount will consist of: (a) Assets that can be sold or disposed of in
the ordinary course of business at approximately the price at which
such Fund has valued such investment within a period equal to the
period between the repurchase request deadline and the repurchase
payment deadline; or (b) Assets that mature by the next repurchase
payment deadline. In the event the assets of a Fund fail to comply with
this requirement, the Board will cause such Fund to take such action as
it deems appropriate to ensure compliance.
    10. In compliance with the asset coverage requirements of section
18 of the Act, any senior security issued by, or other indebtedness of,
a Fund will either mature by the next repurchase pricing date or
provide for such Fund's ability to call, repay or redeem such senior
security or other indebtedness by the next repurchase pricing date,
either in whole or in part, without penalty or premium, as necessary to
permit that Fund to complete the repurchase offer in such amounts
determined by its Board.
    11. The Board of each Fund will adopt written procedures to ensure
that such Fund's portfolio assets are sufficiently liquid so that it
can comply with its fundamental policy on repurchases and the liquidity
requirements of rule 23c-3(b)(10)(i). The Board of each Fund will
review the overall composition of the portfolio and make and approve
such changes to the procedures as it deems necessary.

Applicants' Legal Analysis

    1. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction, or any class or classes of
persons, securities, or transactions, from any provision of the Act or
rule thereunder, if and to the extent that such exemption is necessary
or appropriate in the public interest and consistent with the
protection of investors and the purposes fairly intended by the policy
and provisions of the Act.
    2. Section 23(c) of the Act provides in relevant part that no
registered closed-end investment company shall purchase any securities
of any class of which it is the issuer except: (a) On a securities
exchange or other open market; (b) pursuant to tenders, after
reasonable opportunity to submit tenders given to all holders of
securities of the class to be purchased; or (c) under such other
circumstances as the Commission may permit by rules and regulations or
orders for the protection of investors.
    3. Rule 23c-3 under the Act permits a registered closed-end
investment company to make repurchase offers for its common stock at
net asset value at periodic intervals pursuant to a fundamental policy
of the investment company. ``Periodic interval'' is defined in rule
23c-3(a)(1) as an interval of three, six, or twelve months. Rule 23c-
3(b)(4) requires that notification of each repurchase offer be sent to
shareholders no less than 21 calendar days and no more than 42 calendar
days before the repurchase request deadline.
    4. Applicants request an order pursuant to sections 6(c) and 23(c)
of the Act exempting them from rule 23c-3(a)(1) to the extent necessary
to permit the Funds to make monthly repurchase offers. Applicants also
request an exemption from the notice provisions of rule 23c-3(b)(4) to
the extent necessary to permit each Fund to send notification of an
upcoming repurchase offer to shareholders at least seven days but no
more than fourteen calendar days in advance of the repurchase request
deadline.
    5. Applicants contend that monthly repurchase offers are in the
public interest and in the common shareholders' interests and
consistent with the policies underlying rule 23c-3. Applicants assert
that monthly repurchase offers will provide investors with more
liquidity than quarterly repurchase offers. Applicants assert that
shareholders will be better able to manage their investments and plan
transactions, because if they decide to forego a repurchase offer, they
will only need to wait one month for the next offer. Applicants also
contend that the portfolio of each Fund will be managed to provide
ample liquidity for monthly repurchase offers.
    6. Applicants propose to send notification to shareholders at least
seven days, but no more than fourteen calendar days, in advance of a
repurchase request deadline. Applicants assert that, because the Fund
(and any Future Fund) currently intends to make payment on the fifth
business day or seventh calendar day (whichever period is shorter)
following the repurchase

pricing date, the entire procedure will be completed before the next
notification is sent out to shareholders, thus avoiding any overlap.
Applicants believe that these procedures will eliminate any possibility
of investor confusion. Applicants also state that monthly repurchase
offers will be a fundamental feature of the Funds, and their
prospectuses will provide a clear explanation of the repurchase
program.
    7. Applicants submit that for the reasons given above the requested
relief is appropriate in the public interest and is consistent with the
protection of investors and the purposes fairly intended by the policy
and provisions of the Act.

Applicants' Conditions

    Applicants agree that any order granting the requested relief shall
be subject to the following conditions:
    1. The Fund (and any Future Fund relying on this relief) will make
a repurchase offer pursuant to rule 23c-3(b) for a repurchase offer
amount of not less than 5% in any one-month period. In addition, the
repurchase offer amount for the then-current monthly period, plus the
repurchase offer amounts for the two monthly periods immediately
preceding the then-current monthly period, will not exceed 25% of the
Fund's (or Future Fund's, as applicable) outstanding common shares. The
Fund (and any Future Fund relying on this relief) may repurchase
additional tendered shares pursuant to rule 23c-3(b)(5) only to the
extent the percentage of additional shares so repurchased does not
exceed 2% in any three-month period.
    2. Payment for repurchased shares will occur at least five business
days before notification of the next repurchase offer is sent to
shareholders of the Fund (or Future Fund relying on this relief).

    For the Commission, by the Division of Investment Management,
under delegated authority.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-11296 Filed 5-24-18; 8:45 am]
 BILLING CODE 8011-01-P