[Federal Register Volume 82, Number 122 (Tuesday, June 27, 2017)]
[Notices]
[Page 29130]
[FR Doc No: 2017-13492]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a closed meeting on Thursday, June
29, 2017 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the closed meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(7), (a)(9)(ii) and (a)(10), permit
consideration of the scheduled matters at the closed meeting.
    Commissioner Stein, as duty officer, voted to consider the items
listed for the closed meeting in closed session.
    The subject matters of the closed meeting will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Adjudicatory matters; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed; please contact Brent J. Fields from
the Office of the Secretary at<PHONE_NUMBER>.

    Dated: June 22, 2017.
Brent J. Fields,
Secretary.
[FR Doc. 2017-13492 Filed 6-23-17; 11:15 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69287-69288]
[FR Doc No: 2023-22148]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0022]

Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 11 individuals from the
hearing requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs) to operate a commercial motor vehicle (CMV) in interstate
commerce. The exemptions enable these hard of hearing and deaf
individuals to operate CMVs in interstate commerce.

DATES: The exemptions are applicable on October 2, 2023. The exemptions
expire on October 2, 2025.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room
W64-224, Washington, DC 20590-0001,<PHONE_NUMBER>,
[email protected]. Office hours are from 8:30 a.m. to 5 p.m. ET
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Dockets
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number (FMCSA-2023-0022) in the keyword box and click ``Search.'' Next,
sort the results by ``Posted (Older-Newer),'' choose the first notice
listed, and click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
in on the ground floor of the DOT West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m. ET Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Dockets Operations.

B. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption requests. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov. As described in the system of records
notice DOT/ALL 14 (Federal Docket Management System), which can be
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of
the submitter.

II. Background

    On August 21, 2023, FMCSA published a notice announcing receipt of
applications from 11 individuals requesting an exemption from the
hearing requirement in 49 CFR 391.41(b)(11) to operate a CMV in
interstate commerce and requested comments from the public (88 FR
56913). The public comment period ended on September 20, 2023, and no
comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting exemptions to these individuals would likely
achieve a level of safety that is equivalent to, or greater than, the
level that would be achieved by complying with Sec.  391.41(b)(11).
    The physical qualification standard for drivers regarding hearing
found in Sec.  391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of

an audiometric device, does not have an average hearing loss in the
better ear greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz
with or without a hearing aid when the audiometric device is calibrated
to American National Standard (formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing aid
(35 FR 6458, 6463 (Apr. 22, 1970) and 36 FR 12857 (July 8, 1971),
respectively).

III. Discussion of Comments

    FMCSA received no comments in this proceeding. However, FMCSA
received a comment from one of the applicants, Eric Shepeard, outside
of the docket. Eric Shepeard stated that their class of license was
incorrectly indicated in the notice published on August 21, 2023, (88
FR 56913). Their correct class of license is a class D license.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statutes also allow the Agency to renew exemptions at
the end of the 5-year period. However, FMCSA grants medical exemptions
from the FMCSRs for a 2-year period to align with the maximum duration
of a driver's medical certification.
    The Agency's decision regarding these exemption applications is
based on relevant scientific information and literature, and the 2008
Evidence Report, ``Executive Summary on Hearing, Vestibular Function
and Commercial Motor Driving Safety.'' The evidence report reached two
conclusions regarding the matter of hearing loss and CMV driver safety:
(1) no studies that examined the relationship between hearing loss and
crash risk exclusively among CMV drivers were identified; and (2)
evidence from studies of the private driver's license holder population
does not support the contention that individuals with hearing
impairment are at an increased risk for a crash. In addition, the
Agency reviewed each applicant's driving record found in the Commercial
Driver's License Information System, for commercial driver's license
(CDL) holders, and inspections recorded in the Motor Carrier Management
Information System. For non-CDL holders, the Agency reviewed the
driving records from the State Driver's Licensing Agency. Each
applicant's record demonstrated a safe driving history. Based on an
individual assessment of each applicant that focused on whether an
equal or greater level of safety would likely be achieved by permitting
each of these drivers to drive in interstate commerce, the Agency finds
the drivers granted this exemption have demonstrated that they do not
pose a risk to public safety.
    Consequently, FMCSA finds further that in each case exempting these
applicants from the hearing standard in Sec.  391.41(b)(11) would
likely achieve a level of safety equal to that existing without the
exemption, consistent with the applicable standard in 49 U.S.C.
31315(b)(1).

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the
applicants in the exemption document and include the following: (1)
each driver must report any crashes or accidents as defined in Sec.
390.5T; (2) each driver must report all citations and convictions for
disqualifying offenses under 49 CFR parts 383 and 391 to FMCSA; and (3)
each driver is prohibited from operating a motorcoach or bus with
passengers in interstate commerce. The driver must also have a copy of
the exemption when driving, for presentation to a duly authorized
Federal, State, or local enforcement official. In addition, the
exemption does not exempt the individual from meeting the applicable
CDL testing requirements.

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the 11 exemption applications, FMCSA
exempts the following drivers from the hearing standard; in Sec.
391.41(b)(11), subject to the requirements cited above:

Eric Blount (AZ)
Shaun Cannady (CA)
Rebecca Haynes (TX)
Kyesha Hemphill (MS)
Kayla Lucero (NM)
Alexandra Muller (AZ)
Glenn Rozier (GA)
Aaron Sanders (WA)
Eric Shepeard (DE)
Timothy Szabo (WI)
Perry Wesberry (VA)

    In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) the person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136, 49
U.S.C. chapter 313, or the FMCSRs.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-22148 Filed 10-4-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 79, Number 200 (Thursday, October 16, 2014)]
[Proposed Rules]
[Pages 62072-62075]
[FR Doc No: 2014-24557]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0748; Directorate Identifier 2014-NM-013-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Airbus Model A318, A319, and A321 series airplanes; and Model A320-211,
-212, -214, -231, -232, and -233 airplanes. This proposed AD was
prompted by reports of wear of the trimmable horizontal stabilizer
actuator (THSA). This proposed AD would require repetitive inspections
of the THSA for damage, and replacement if necessary; and replacement
of the THSA after reaching a certain life limit. We are proposing this
AD to detect and correct wear on the THSA, which would reduce the
remaining life of the THSA, possibly resulting in premature failure and
consequent reduced control of the airplane.

DATES: We must receive comments on this proposed AD by December 1,
2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email<EMAIL_ADDRESS>Internet http://www.airbus.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>.

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-2014-
0748; 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 proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0748;
Directorate Identifier 2014-NM-013-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2014-0011R1, dated January 17, 2014 (referred
to after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus Model
A318, A319, and A321 series airplanes and Model A320-211, -212, -214, -
231, -232, and -233 airplanes. The MCAI states:

    In the frame of the A320 Extended Service Goal (ESG) project and
the study on the Trimmable Horizontal Stabilizer Actuator (THSA), a
sampling programme of in-service units has been performed and
several cases of wear at different THSA levels were reported.
    This condition, if not detected and corrected, would reduce the
remaining life of the THSA, possibly resulting in premature failure
and consequent reduced control of the aeroplane.
    Prompted by these findings, Airbus issued Service Bulletin (SB)
A320-27-1227 to provide THSA inspection instructions.
    For the reasons described above, this [EASA] AD requires
repetitive inspections of the THSA and introduces a life limit for
the THSA.

The MCAI specifies a detailed inspection of the magnetic chip detector
for metal particles, a spectrometric analysis of the oil drained from
the THSA gearbox, a detailed inspection of the ballscrew and nut, and a
detailed inspection of the upper and the lower attachments for damage.
The corrective action is replacement of the THSA with a serviceable
THSA. The compliance time for the THSA replacement ranges from before
further flight to within 4 months from drainage of the oil sample. You
may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0748.

Relevant Service Information

    Airbus has issued Service Bulletin A320-27-1227, Revision 01, dated
October 7, 2013. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.

``Contacting the Manufacturer'' Paragraph in This Proposed AD

    Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often
directs the owner/operator to contact the manufacturer for corrective
actions, such as a repair. Briefly, the Airworthy Product paragraph
allowed owners/operators to use corrective actions provided by the
manufacturer if those actions were FAA-approved. In addition, the
paragraph stated that any actions approved by the State of Design
Authority (or its delegated agent) are considered to be FAA-approved.
    In an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR
78285, December 26, 2013), we proposed to prevent the use of repairs
that were not specifically developed to correct the unsafe condition,
by requiring that the repair approval provided by the State of Design
Authority or its delegated agent specifically refer to the FAA AD. This
change was intended to clarify the method of compliance and to provide
operators with better visibility of repairs that are specifically
developed and approved to correct the unsafe condition. In addition, we
proposed to change the phrase ``its delegated agent'' to include a
design approval holder (DAH) with State of Design Authority design
organization approval (DOA), as applicable, to refer to a DAH
authorized to approve required repairs for the proposed AD.
    One commenter to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) stated the following: ``The
proposed wording, being specific to repairs, eliminates the
interpretation that Airbus messages are acceptable for approving minor
deviations (corrective actions) needed during accomplishment of an AD
mandated Airbus service bulletin.''
    This comment has made the FAA aware that some operators have
misunderstood or misinterpreted the Airworthy Product paragraph to
allow the owner/operator to use messages provided by the manufacturer
as approval of deviations during the accomplishment of an AD-mandated
action. The Airworthy Product paragraph does not approve messages or
other information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance

to the AD-required actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed the paragraph and retitled
it ``Contacting the Manufacturer.'' This paragraph now clarifies that
for any requirement in this proposed AD to obtain corrective actions
from a manufacturer, the actions must be accomplished using a method
approved by the FAA, the European Aviation Safety Agency (EASA), or
Airbus's EASA DOA.
    The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DOA, the approval must include the DOA-authorized
signature. The DOA signature indicates that the data and information
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain the DOA-authorized signature are not EASA-approved,
unless EASA directly approves the manufacturer's message or other
information.
    This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
    We also have decided not to include a generic reference to either
the ``delegated agent'' or ``design approval holder (DAH) with State of
Design Authority design organization approval,'' but instead we have
provided the specific delegation approval granted by the State of
Design Authority for the DAH.

Costs of Compliance

    We estimate that this proposed AD affects 851 airplanes of U.S.
registry.
    We also estimate that it would take about 6 work-hours per product
to comply with the inspection requirements of this proposed AD. The
average labor rate is $85 per work-hour. Based on these figures, we
estimate the cost for the inspection specified in this proposed AD on
U.S. operators to be $434,010, or $510 per product.
    We estimate that it would take about 7 work-hours per product to
comply with the actuator replacement requirements of this proposed AD.
Required parts would cost about $240,000 per product. The average labor
rate is $85 per work-hour. Based on these figures, we estimate the cost
for the actuator replacement specified in this proposed AD on U.S.
operators to be $204,746,345, or $240,595 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus: Docket No. FAA-2014-0748; Directorate Identifier 2014-NM-
013-AD.

(a) Comments Due Date

    We must receive comments by December 1, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes, certificated in any
category, identified in paragraphs (c)(1), (c)(2), (c)(3), and
(c)(4) of this AD, all manufacturer serial numbers.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes.
    (3) Model A320-211, -212, -214, -231, -232, and -233 airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of wear of the trimmable
horizontal stabilizer actuator (THSA). We are issuing this AD to
detect and correct wear on the THSA, which would reduce the
remaining life of the THSA, possibly resulting in premature failure
and consequent reduced control of the airplane.

(f) Compliance

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

(g) Initial Inspections

    At the later of the times specified in paragraphs (g)(1) and
(g)(2) of this AD: Do a detailed inspection of the magnetic chip
detector for metal particles, a spectrometric analysis of the oil
drained from the THSA gearbox, a detailed inspection of the
ballscrew and nut for damage (including, but not limited to, cracks,
dents, corrosion, and

unsatisfactory surface protection), and a detailed inspection of the
upper and the lower attachments for damage (including, but not
limited to, cracks, dents, corrosion, and unsatisfactory surface
protection), in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A320-27-1227, Revision 01, dated October 7,
2013.
    (1) Before the THSA accumulates 48,000 total flight hours or
30,000 total flight cycles, whichever occurs first since first
installation on an airplane.
    (2) Within 4 months after the effective date of this AD.

(h) Repetitive Inspections

    Repeat the inspections required by paragraph (g) of this AD
thereafter at intervals not to exceed the applicable time specified
in paragraphs (h)(1) and (h)(2) of this AD.
    (1) For a THSA that, as of the date of the most recent
inspection required by paragraph (g) of this AD, has accumulated
less than 67,500 total flight hours since first installation on an
airplane: The repetitive inspection interval is 24 months.
    (2) For a THSA that, as of the date of the most recent
inspection required by paragraph (g) of this AD, has accumulated
67,500 total flight hours or more since first installation on an
airplane: The repetitive inspection interval is 4 months.

(i) THSA Corrective Action

    If, during any inspection required by paragraphs (g) and (h) of
this AD, any finding as described in Airbus Service Bulletin A320-
27-1227, Revision 01, dated October 7, 2013, is found: At the
applicable compliance time (depending on the applicable findings)
specified in paragraph 1.E., ``Compliance,'' of Airbus Service
Bulletin A320-27-1227, Revision 01, dated October 7, 2013, replace
the THSA with a serviceable THSA, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-27-1227,
Revision 01, dated October 7, 2013. For the purposes of this AD, a
serviceable THSA is a THSA that has accumulated less than 67,500
total flight hours since first installation on an airplane.

(j) THSA Replacement

    Before a THSA accumulates 67,500 total flight hours since first
installation on an airplane, or within 12 months after the effective
date of this AD, whichever occurs later: Replace the THSA with a
serviceable THSA, in accordance with the Accomplishment Instructions
of Airbus Service Bulletin A320-27-1227, Revision 01, dated October
7, 2013. Thereafter, before the accumulation of 67,500 total flight
hours since first installation on an airplane on any THSA, replace
it with a serviceable THSA.

(k) Replacement THSA: No Terminating Action

    Replacement of a THSA on an airplane, as required by paragraph
(i) or (j) of this AD, does not constitute terminating action for
the repetitive inspections required by paragraphs (g) and (h) of
this AD for that airplane. After THSA replacement: At the applicable
compliance time specified in paragraphs (g)(1), (g)(2), (h)(1), and
(h)(2) of this AD, do the inspections required by paragraph (g) of
this AD.

(l) Replacement THSA Equivalency

    Repairs of a THSA in shop, as described in United Technologies
Corporation Aerospace Systems Component Maintenance Manual 27-44-51,
are considered equivalent to having passed an inspection in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-27-1227, dated July 1, 2013; or Airbus Service
Bulletin A320-27-1227, Revision 01, dated October 7, 2013. Depending
on the flight hours or flight cycles accumulated by the repaired
THSA: At the applicable compliance time specified in paragraphs
(g)(1), (g)(2), (h)(1), and (h)(2) of this AD, do the inspections
required by paragraph (g) of this AD.

(m) Parts Installation Limitation

    As of the effective date of this AD, installation on an airplane
of a THSA that has accumulated 67,500 or more total flight hours is
allowed, provided that, prior to installation, the THSA has been
modified or inspected using a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
or the European Aviation Safety Agency (EASA); or Airbus's EASA
Design Organization Approval (DOA).

(n) Credit for Previous Actions

    This paragraph provides credit for inspections required by
paragraphs (g) and (h) of this AD, if those inspections were
performed before the effective date of this AD using Airbus Service
Bulletin A320-27-1227, dated July 1, 2013, which is not incorporated
by reference in this AD.

(o) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(p) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency Airworthiness Directive 2014-
0011R1, dated January 17, 2014, for related information. This MCAI
may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2014-0748.
    (2) For service information identified in this AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. 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<PHONE_NUMBER>.

    Issued in Renton, Washington, on September 23, 2014.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-24557 Filed 10-15-14; 8:45 am]
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[Federal Register Volume 84, Number 215 (Wednesday, November 6, 2019)]
[Notices]
[Page 59801]
[FR Doc No: 2019-24167]

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DEPARTMENT OF ENERGY

[Project Nos. 405-106, 405-121]

[Exelon Generation Company, LLC; Notice of Settlement Agreement

    Take notice that the following settlement agreement has been filed
with the Commission and is available for public inspection.
    a. Type of Application: Settlement Agreement.
    b. Project Nos.: 405-106 and 405-121.
    c. Date Filed: October 29, 2019.
    d. Applicant: Exelon Generation Company, LLC.
    e. Name of Project: Conowingo Hydroelectric Project.
    f. Location: On the Susquehanna River, in Harford and Cecil
Counties, Maryland and Lancaster and York Counties, Pennsylvania. The
project does not occupy any federal land.
    g. Filed Pursuant to: Rule 602 of the Commission's Rules of
Practice and Procedure, 18 CFR 385.602.
    h. Applicant Contacts: Colleen Hicks, Manager, Regulatory and
Licensing, Hydro, Exelon Power, 300 Exelon Way, Kennett Square, PA
19348, at<PHONE_NUMBER> or<EMAIL_ADDRESS>and David W.
DeBruin, Jenner & Block LLP, 1099 New York Avenue NW, Washington, DC
20001, at<PHONE_NUMBER> or<EMAIL_ADDRESS>    i. FERC Contacts: Emily Carter,<PHONE_NUMBER> or
<EMAIL_ADDRESS>and Andy Bernick,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Exelon Generation Corporation, LLC (Exelon) filed a Joint Offer
of Settlement and Explanatory Statement (Settlement Agreement) on
behalf of itself and the Maryland Department of the Environment (MDE).
The Settlement Agreement provides for the resolution of all issues
between the signatories associated with MDE's issuance of a water
quality certification for the project pursuant to section 401 of the
Clean Water Act (certification). The Settlement Agreement includes
proposed protection, mitigation, and enhancement measures to address
ecological, recreation, and water quality resources affected by the
Conowingo Project. The Settlement Agreement also includes, conditioned
on the Commission's approval of the Settlement Agreement and
incorporation of proposed articles in a new license, a waiver of MDE's
certification, and withdrawal of Exelon's February 28, 2019, petition
for declaratory order regarding MDE's certification. Exelon requests
the Commission approve the Settlement Agreement and incorporate the
proposed license articles set forth in Attachment A of the Settlement
Agreement, without modification or expansion, into a new, 50-year
license for the Conowingo Project.
    k. A copy of the Settlement Agreement is available for review on
the Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number, excluding the last three digits, in the
docket number field to access the document. For assistance, contact
FERC Online Support.
    l. Deadline for filing comments: Comments on the Settlement
Agreement are due on Tuesday, November 19, 2019. Reply comments are due
on Monday, December 2, 2019.
    The Commission strongly encourages electronic filing. Please file
comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to
6,000 characters, without prior registration, using the eComment system
at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket numbers P-405-106 and -121.
    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: October 30, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-24167 Filed 11-5-19; 8:45 am]
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