[Federal Register: March 12, 2010 (Volume 75, Number 48)]
[Notices]
[Page 11901]
[DOCID:fr12mr10-91]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1872-DR; Docket ID FEMA-2010-0002]

Arkansas; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Arkansas (FEMA-1872-DR), dated February 4, 2010, and
related determinations.

DATES: Effective Date: February 26, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Arkansas is hereby amended to include the following
area among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of February 4, 2010.

    Pulaski County for Public Assistance.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-5395 Filed 3-11-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: March 22, 2010 (Volume 75, Number 54)]
[Notices]
[Page 13527-13528]
[DOCID:fr22mr10-43]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13633-000]

Muskingum Valley Hydro, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

March 15, 2010.
    On November 19, 2009, Muskingum Valley Hydro, LLC filed an
application, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of the Paint Creek Dam Project No.
13633, to be located at the existing Paint Creek Dam on Paint Creek, in
Highland County, Ohio. The Paint Creek Dam is owned and operated by the
U.S. Army Corps of Engineers.
    The proposed project would consist of: (1) Lining an existing 20-
foot-diameter conduit with steel; (2) a new approximately 50-foot-long
conduit extension from the outlet works to the powerhouse; (3) two new
Francis turbine-generator units with a combined capacity of 3.3
megawatts; (4) a new 50-foot-long, 30-foot-wide, and 30-foot-high
powerhouse to be located downstream of the existing outlet works; (5) a
new tailrace; (6) a new 14.7-kilovolt, .5-mile transmission line; and
(7) appurtenant facilities. The project would have an estimated annual
generation of 5,500 megawatt-hours.
    Applicant Contact: Randall Smith, 4950 Frazeysburg Road,
Zanesville, OH 43701,<PHONE_NUMBER>.

    FERC Contact: Brandon Cherry,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing application: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``eFiling'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp.
    More information about this project can be viewed or printed on the
``eLibrary'' link of Commission's Web site at http://www.ferc.gov/docs-
filing/elibrary.asp. Enter the docket number (P-13633) in the docket
number field to access the document. For assistance, call toll-free 1-
866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-6167 Filed 3-19-10; 8:45 am]
BILLING CODE 6717-01-P


date fair value computed in accordance with FAS 123R (column (f));
    Instruction 1 to Item 402(c)(2)(v) and (vi). For awards reported in
columns (e) and (f), include a footnote disclosing all assumptions made
in the valuation by reference to a discussion of those assumptions in
the registrant's financial statements, footnotes to the financial
statements, or discussion in the Management's Discussion and Analysis.
The sections so referenced are deemed part of the disclosure provided
pursuant to this Item.
    Instruction 2 to Item 402(c)(2)(v) and (vi). If at any time during
the last completed fiscal year, the registrant has adjusted or amended
the exercise price of options or SARs previously awarded to a named
executive officer, whether through amendment, cancellation or
replacement grants, or any other means (``repriced''), or otherwise has
materially modified such awards, the registrant shall include, as
awards required to be reported in column (f), the incremental

fair value, computed as of the repricing or modification date in
accordance with FAS 123R, with respect to that repriced or modified
award.
* * * * *
    (ix) * * *
    (G) The dollar value of any dividends or other earnings paid on
stock or option awards, when those amounts were not factored into the
grant date fair value required to be reported for the stock or option
award in columns (e) or (f); and
* * * * *
    (d) * * *
    (1) * * *

                                                               Grants of Plan-Based Awards
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                         Estimated future payouts under non- Estimated future payouts under equity   All other    All other
                                            equity incentive plan awards             incentive plan awards             stock        option     Exercise
                                        ---------------------------------------------------------------------------   awards:      awards:      or base
                                                                                number of    number of    price of
            Name             Grant date                                                                              shares of    securities    option
                                          Threshold  Target ($)    Maximum    Threshold      Target      Maximum      stock or    underlying  awards  ($/
                                             ($)                     ($)     ()  ()  ()     units       options        Sh)
                                                                                ()  ()
(a)                                 (b)         (c)         (d)         (e)          (f)          (g)          (h)          (i)          (j)         (k)
--------------------------------------------------------------------------------------------------------------------------------------------------------
PEO
PFO
A
B
C
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    (k) * * *
    (2) * * *
    (iii) For awards of stock, the aggregate grant date fair value
computed in accordance with FAS 123R (column (c));
    (iv) For awards of stock options, with or without tandem SARs
(including awards that subsequently have been transferred), the
aggregate grant date fair value computed in accordance with FAS 123R
(column (d));
    Instruction to Item 402(k)(2)(iii) and (iv). For each director,
disclose by footnote to the appropriate column, the aggregate number of
stock awards and the aggregate number of option awards outstanding at
fiscal year end.
* * * * *
    (vii) * * *
    (I) The dollar value of any dividends or other earnings paid on
stock or option awards, when those amounts were not factored into the
grant date fair value required to be reported for the stock or option
award in column (c) or (d); and
* * * * *
    Instruction to Item 402(k). In addition to the Instructions to
paragraph (k)(2)(vii) of this Item, the following apply equally to
paragraph (k) of this Item: Instructions 2 and 4 to paragraph (c) of
this Item; Instructions to paragraphs (c)(2)(iii) and (iv) of this
Item; Instructions to paragraphs (c)(2)(v) and (vi) of this Item;
Instructions to paragraph (c)(2)(vii) of this Item; and Instructions to
paragraph (c)(2)(viii) of this Item. These Instructions apply to the
columns in the Director Compensation Table that are analogous to the
columns in the Summary Compensation Table to which they refer and to
disclosures under paragraph (k) of this Item that correspond to
analogous disclosures provided for in paragraph (c) of this Item to
which they refer.
* * * * *
    (n) * * *
    (2) * * *
    Instructions to Item 402(n)(2)(iii) and (n)(2)(iv). 1. * * *
    2. Smaller reporting companies need not include in the salary
column (column (c)) or bonus column (column (d)) any amount of salary
or bonus forgone at the election of a named executive officer pursuant
to a smaller reporting company's program under which stock, equity-
based or other forms of non-cash compensation may be received by a
named executive officer instead of a portion of annual compensation
earned in a covered fiscal year. However, the receipt of any such form
of non-cash compensation instead of salary or bonus earned for a
covered fiscal year must be disclosed in the appropriate column of the
Summary Compensation Table corresponding to that fiscal year (e.g.,
stock awards (column (e)); option awards (column (f)); all other
compensation (column (i))), or, if made pursuant to a non-equity
incentive plan and therefore not reportable in the Summary Compensation
Table when granted, a footnote must be added to the salary or bonus
column so disclosing and referring to the narrative disclosure to the
Summary Compensation Table (required by paragraph (o) of this Item)
where the material terms of the award are reported.
    (v) For awards of stock, the aggregate grant date fair value
computed in accordance with FAS 123R (column (e));
    (vi) For awards of options, with or without tandem SARs (including
awards that subsequently have been transferred), the aggregate grant
date fair value computed in accordance with FAS 123R (column (f));
    Instruction 1 to Item 402(n)(2)(v) and (n)(2)(vi). For awards
reported in columns (e) and (f), include a footnote disclosing all
assumptions made in the valuation by reference to a discussion of those
assumptions in the smaller reporting company's financial statements,
footnotes to the financial statements, or discussion in the
Management's Discussion and Analysis. The sections so referenced are
deemed part of the disclosure provided pursuant to this Item.
    Instruction 2 to Item 402(n)(2)(v) and (n)(2)(vi). If at any time
during the last completed fiscal year, the smaller reporting company
has adjusted or amended the exercise price of options or SARs
previously awarded to a named executive officer, whether through
amendment, cancellation or replacement grants, or any other means
(``repriced''), or otherwise has materially modified such awards, the
smaller reporting company shall include, as awards required to be
reported in column (f), the incremental fair value, computed as of the
repricing or modification date in accordance with FAS 123R, with
respect to that repriced or modified award.
* * * * *
    (ix) * * *
    (G) The dollar value of any dividends or other earnings paid on
stock or option awards, when those amounts were not factored into the
grant date fair value required to be reported for the

stock or option award in column (e) or (f); and
* * * * *
    (r) * * *
    (2) * * *
    (iii) For awards of stock, the aggregate grant date fair value
computed in accordance with FAS 123R (column (c));
    (iv) For awards of options, with or without tandem SARs (including
awards that subsequently have been transferred), the aggregate grant
date fair value computed in accordance with FAS 123R (column (d));
* * * * *
    (vii) * * *
    (I) The dollar value of any dividends or other earnings paid on
stock or option awards, when those amounts were not factored into the
grant date fair value required to be reported for the stock or option
award in column (c) or (d); and
* * * * *
    Instruction to Item 402(r). In addition to the Instruction to
paragraph (r)(2)(vii) of this Item, the following apply equally to
paragraph (r) of this Item: Instructions 2 and 4 to paragraph (n) of
this Item; the Instructions to paragraphs (n)(2)(iii) and (iv) of this
Item; the Instructions to paragraphs (n)(2)(v) and (vi) of this Item;
the Instructions to paragraph (n)(2)(vii) of this Item; the Instruction
to paragraph (n)(2)(viii) of this Item; the Instructions to paragraph
(n)(2)(ix) of this Item; and paragraph (o)(7) of this Item. These
Instructions apply to the columns in the Director Compensation Table
that are analogous to the columns in the Summary Compensation Table to
which they refer and to disclosures under paragraph (r) of this Item
that correspond to analogous disclosures provided for in paragraph (n)
of this Item to which they refer.
* * * * *
    4. Amend Sec.  229.407 by revising paragraph (e)(3)(iii) and adding
paragraph (h) before the Instructions to Item 407 to read as follows:

Sec.  229.407  (Item 407) Corporate governance.

* * * * *
    (e) * * *
    (3) * * *
    (iii) Any role of compensation consultants in determining or
recommending the amount or form of executive and director compensation
(other than any role limited to consulting on any broad-based plan that
does not discriminate in scope, terms, or operation, in favor of
executive officers or directors of the registrant, and that is
available generally to all salaried employees) during the registrant's
last completed fiscal year, identifying such consultants, stating
whether such consultants were engaged directly by the compensation
committee (or persons performing the equivalent functions) or any other
person, describing the nature and scope of their assignment, and the
material elements of the instructions or directions given to the
consultants with respect to the performance of their duties under the
engagement. If any compensation consultants or their affiliates played
a role in determining or recommending the amount or form of executive
and director compensation and they also provided additional services to
the registrant or its affiliates during the registrant's last completed
fiscal year (including consulting on any broad-based plan that does not
discriminate in scope, terms, or operation, in favor of executive
officers or directors of the registrant, and that is available
generally to all salaried employees), then disclose the nature and the
extent of all additional services provided, as well as the aggregate
fees for determining or recommending the amount or form of executive
and director compensation and the aggregate fees for such additional
services. Disclose whether the decision to engage the compensation
consultant or their affiliates for these other services was made,
subject to screening, or recommended, by management, and whether the
compensation committee or the board approved such other services of the
compensation consultants or their affiliates.
* * * * *
    (h) Company leadership structure. Briefly describe the registrant's
leadership structure, such as whether the same person serves as both
principal executive officer and chairman of the board, or whether two
individuals serve in those positions, and, in the case of a registrant
that is an investment company, whether the chairman of the board is an
``interested person'' of the registrant as defined in section 2(a)(19)
of the Investment Company Act. If one person serves as both principal
executive officer and chairman of the board, or if the chairman of the
board of a registrant that is an investment company is an ``interested
person'' of the registrant, disclose whether the registrant has a lead
independent director and what specific role the lead independent
director plays in the leadership of the registrant. This disclosure
should indicate why the registrant has determined that its leadership
structure is appropriate given the specific characteristics or
circumstances of the registrant. In addition, disclose the extent of
the board's role in the registrant's risk management and the effect
that this has on the company's leadership structure.
* * * * *

PART 239--FORMS PRESCRIBED UNDER THE SECURITIES ACT OF 1933

    5. The authority citation for Part 239 continues to read in part as
follows:

    Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, 77z-2, 77z-3,
77sss, 78c, 78l, 78m, 78n, 78o(d), 78u-5, 78w(a), 78ll, 78mm, 80a-
2(a), 80a-3, 80a-8, 80a-9, 80a-10, 80a-13, 80a-24, 80a-26, 80a-29,
80a-30, and 80a-37, unless otherwise noted.
* * * * *

PART 240--GENERAL RULES AND REGULATIONS, SECURITIES EXCHANGE ACT OF
1934

    6. The authority citation for Part 240 continues to read in part as
follows:

    Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3,
77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i,
78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78o, 78p, 78q, 78s, 78u-5,
78w, 78x, 78ll, 78mm, 80a-20, 80a-23, 80a-29, 80a-37, 80b-3, 80b-4,
80b-11, and 7201 et seq.; and 18 U.S.C. 1350, unless otherwise
noted.
* * * * *
    7. Amend Sec.  240.14a-2 by revising paragraph (b)(1) introductory
text; and paragraph (b)(1)(ix) to read as follows:

Sec.  240.14a-2  Solicitations to which Sec.  240.14a-3 to Sec.
240.14a-15 apply.

* * * * *
    (b) * * *
    (1) Any solicitation by or on behalf of any person who does not, at
any time during such solicitation, seek directly or indirectly, either
on its own or another's behalf, the power to act as proxy for a
security holder and does not furnish or otherwise request, or act on
behalf of a person who furnishes or requests, a form of revocation,
abstention, consent or authorization. Provided, however, that for
purposes of this paragraph (b)(1), the term ``form of revocation'' does
not include an unmarked duplicate of a form of proxy that the
registrant provides to security holders if the person who furnishes
such unmarked duplicate requests that it be returned directly to the
registrant, and provided further that the exemption set forth in this
paragraph shall not apply to:
* * * * *
    (ix) Any person, whether or not a security holder of the registrant
who, because of a substantial interest in the subject matter of the
solicitation, is likely to receive a benefit from a successful
solicitation other than a benefit:

    (A) Realized as a security holder of the registrant that would be
shared pro rata by all other holders of the same class of securities;
or
    (B) Arising from the person's employment with the registrant; and
* * * * *
    8. Amend Sec.  240.14a-4 by revising paragraphs (d)(4) and (e) to
read as follows:

Sec.  240.14a-4  Requirements as to proxy.

* * * * *
    (d) * * *
    (4) To consent to or authorize any action other than the action
proposed to be taken in the proxy statement, or matters referred to in
paragraph (c) of this section. A person shall not be deemed to be a
bona fide nominee and the person shall not be named as such unless the
person has consented to being named in the proxy statement and to serve
if elected. Provided, however, that nothing in this Sec.  240.14a-4
shall prevent any person soliciting in support of nominees who, if
elected, would constitute a minority of the board of directors, from
seeking authority to vote for nominees named in the registrant's or one
or more other persons' proxy statements, so long as the soliciting
party:
    (i) Seeks authority to vote in the aggregate for the number of
director positions then subject to election;
    (ii) Represents that it will vote for all the nominees named in
such other proxy statements, other than those nominees specified by the
soliciting party;
    (iii) Provides the security holder an opportunity to withhold
authority with respect to any other nominee named in such other proxy
statements by writing the name of that nominee on the form of proxy;
    (iv) States on the form of proxy and in the proxy statement that
there is no assurance that the nominees named in such other proxy
statements will serve if elected with any of the soliciting party's
nominees; and
    (v) If seeking authority to vote for nominees named in one or more
other non-registrant persons' proxy statements, represents in the proxy
statement that:
    (A) It has not agreed and will not agree to act, directly or
indirectly, as a group or otherwise engage in any activities that would
be deemed to cause the formation of a ``group'' as determined under
section 13(d)(3) of the Exchange Act (15 U.S.C. 78m(d)(3)) and in
Regulation 13D-G (Sec. Sec.  240.13d-1 through 240.13d-102) with any
such other non-registrant person or persons; and
    (B) It has not acted and otherwise will not act as a
``participant,'' as defined in Schedule 14A (Sec.  240.14a-101), in any
solicitation by any such other non-registrant person or persons.
    (e) The proxy statement or form of proxy shall provide, subject to
objectively determinable reasonable specified conditions, that the
shares represented by the proxy will be voted and that where the person
solicited specifies by means of a ballot provided pursuant to paragraph
(b) of this section a choice with respect to any matter to be acted
upon, the shares will be voted in accordance with the specifications so
made.
* * * * *
    9. Amend Sec.  240.14a-12 by revising paragraph (a)(1)(i) to read
as follows:

Sec.  240.14a-12  Solicitation before furnishing a proxy statement.

    (a) * * *
    (1) * * *
    (i) The identity of the participants in the solicitation (as
defined in Instruction 3 to Item 4 of Schedule 14A (Sec.  240.14a-101))
and a description of their direct or indirect interests, by security
holdings or otherwise, or, if that information previously has been
filed either as part of a proxy statement or other soliciting materials
under a cover page in the form set forth in Schedule 14A (Sec.
240.14a-101) in connection with the solicitation, a prominent legend in
clear, plain language advising security holders where they can obtain
that filed information; and
* * * * *
    10. Amend Sec.  240.14a-101 by:
    a. Revising paragraph (b) of Item 7;
    b. In Item 22:
    i. Redesignating paragraph (b)(3) as paragraph (b)(3)(ii);
    ii. Adding new paragraph (b)(3)(i); and
    iii. Redesignating Instruction to paragraph (b)(3) as Instruction
to paragraph (b)(3)(ii);
    iv. Redesignating paragraph (b)(4), introductory text, and
paragraph (b)(4)(i) through paragraph (b)(4)(iv) as new paragraph
(b)(4)(i), introductory text, and paragraph (b)(4)(i)(A) through
paragraph (b)(4)(i)(D);
    v. Adding new paragraph (b)(4)(ii); and
    vi. Revising paragraph (b)(11).

    The revisions and additions read as follows:

Sec.  240.14a-101  Schedule 14A. Information required in proxy
statement.

* * * * *

Item 7. Directors and Executive Officers.

* * * * *
    (b) The information required by Items 401, 404(a) and (b), 405 and
407(d)(4), (d)(5) and (h) of Regulation S-K (Sec.  229.401, Sec.
229.404(a) and (b), Sec.  229.405 and Sec.  229.407(d)(4), (d)(5) and
(h) of this chapter).
* * * * *

Item 22. Information required in investment company proxy statement.

* * * * *
    (b) Election of Directors. * * *
    (3)(i) For each director or nominee for election as director,
briefly discuss the specific experience, qualifications, attributes, or
skills that qualify that person to serve as a director for the Fund at
the time that the disclosure is made, and as a member of any committee
that the person serves on or is chosen to serve on (if known), in light
of the Fund's business and structure. If material, this disclosure
should cover more than the past five years, and include information
about the person's risk assessment skills, particular areas of
expertise, or other relevant qualifications.
* * * * *
    (4) * * *
    (ii) Unless disclosed in the table required by paragraph (b)(1) of
this Item or in response to paragraph (b)(4)(i) of this Item, indicate
any directorships held during the past five years by each director or
nominee for election as director in any company with a class of
securities registered pursuant to section 12 of the Exchange Act (15
U.S.C. 78l) or subject to the requirements of section 15(d) of the
Exchange Act (15 U.S.C. 78o(d)) or any company registered as an
investment company under the Investment Company Act of 1940 (15 U.S.C.
80a-1 et seq.), as amended, and name the companies in which the
directorships were held.
* * * * *
    (11) Provide in tabular form, to the extent practicable, the
information required by Items 401(f) and (g), 404(a), 405, and 407(h)
of Regulation S-K (Sec. Sec.  229.401(f) and (g), 229.404(a), 229.405,
and 229.407(h) of this chapter).
    Instruction to Item 22(b)(11). Information provided under paragraph
(b)(8) of this Item 22 is deemed to satisfy the requirements of Item
404(a) of Regulation S-K for information about directors, nominees for
election as directors, and Immediate Family Members of directors and
nominees, and need not be provided under this paragraph (b)(11).

PART 249--FORMS, SECURITIES EXCHANGE ACT OF 1934

    11. The authority citation for part 249 continues to read in part
as follows:

    Authority: 15 U.S.C. 78a et seq. and 7201 et seq.; and 18 U.S.C.
1350, unless otherwise noted.
* * * * *
    12. Amend Form 8-K (referenced in Sec.  249.308) by adding Item
5.07 under the caption ``Information to Be Included in the Report''
after the General Instructions read as follows:

    Note: The text of Form 8-K does not, and this amendment will
not, appear in the Code of Federal Regulations.

Form 8-K

* * * * *

General Instructions

* * * * *

Information To Be Included in the Report

* * * * *

Item 5.07 Submission of Matters to a Vote of Security Holders

    If any matter was submitted to a vote of security holders, through
the solicitation of proxies or otherwise, furnish the following
information:
    (a) The date of the meeting and whether it was an annual or special
meeting.
    (b) If the meeting involved the election of directors, the name of
each director elected at the meeting and the name of each other
director whose term of office as a director continued after the
meeting.
    (c) A brief description of each other matter voted upon at the
meeting and state the number of votes cast for, against or withheld, as
well as the number of abstentions and broker non-votes as to each such
matter, including a separate tabulation with respect to each nominee
for office.
    (d) A description of the terms of any settlement between the
registrant and any other participant (as defined in Instruction 3 to
Item 4 of Schedule 14A (17 CFR 240.14a-101)) terminating any
solicitation subject to Rule 14a-12(c), including the cost or
anticipated cost to the registrant.
    Instruction 1 to Item 5.07. The four business day period for
reporting the event under this Item 5.07 shall begin to run on the day
on which the meeting ended. If the matter voted upon at the meeting
relates to a contested election of directors and the information called
for by this Item is not definitively determined at the end of the
meeting, the registrant shall disclose on Form 8-K under this Item 5.07
the preliminary voting results within four business days after the
preliminary voting results are determined; provided that in such an
event, the registrant shall file an amended report on Form 8-K under
this Item 5.07 within four business days after the final voting results
are certified.
    Instruction 2 to Item 5.07. If any matter has been submitted to a
vote of security holders otherwise than at a meeting of such security
holders, corresponding information with respect to such submission
shall be furnished. The solicitation of any authorization or consent
(other than a proxy to vote at a stockholders' meeting) with respect to
any matter shall be deemed a submission of such matter to a vote of
security holders within the meaning of this item.
    Instruction 3 to Item 5.07. Paragraph (a) need be answered only if
paragraph (b) or (c) is required to be answered.
    Instruction 4 to Item 5.07. Paragraph (b) need not be answered if
(i) proxies for the meeting were solicited pursuant to Regulation 14A
under the Act, (ii) there was no solicitation in opposition to the
management's nominees as listed in the proxy statement, and (iii) all
of such nominees were elected. If the registrant did not solicit
proxies and the board of directors as previously reported to the
Commission was re-elected in its entirety, a statement to that effect
in answer to paragraph (b) will suffice as an answer thereto.
    Instruction 5 to Item 5.07. Paragraph (c) must be answered for all
matters voted upon at the meeting, including both contested and
uncontested elections of directors.
    Instruction 6 to Item 5.07. If the registrant has furnished to its
security holders proxy soliciting material containing the information
called for by paragraph (d), the paragraph may be answered by reference
to the information contained in such material.
    Instruction 7 to Item 5.07. If the registrant has published a
report containing all the information called for by this item, the item
may be answered by a reference to the information contained in such
report.
* * * * *

    Note: The text of Form 10-Q does not, and this amendment will
not, appear in the Code of Federal Regulations.

    13. Amend Form 10-Q (referenced in Sec.  249.308a) by removing Item
4 in Part II--Other Information, and redesignating Items 5 and 6 as
Items 4 and 5.

    Note: The text of Form 10-K does not, and this amendment will
not, appear in the Code of Federal Regulations.

    14. Amend Form 10-K (referenced in Sec.  249.310) by removing Item
4 in Part I, and redesignating Items 5 through 15 as Items 4 through
14.

PART 239--FORMS PRESCRIBED UNDER THE SECURITIES ACT OF 1933

PART 274--FORMS PRESCRIBED UNDER THE INVESTMENT COMPANY ACT OF 1940

    15. The authority citation for Part 274 continues to read in part
as follows:

    Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, 78c(b), 78l, 78m,
78n, 78o(d), 80a-8, 80a-24, 80a-26, and 80a-29, unless otherwise
noted.
* * * * *
    16. Form N-1A (referenced in Sec. Sec.  239.15A and 274.11A), Item
17 is amended by:
    a. Revising the heading to paragraph (b);
    b. Revising paragraph (b)(1);
    c. Redesignating paragraph (b)(3), introductory text, and paragraph
(b)(3)(i) through paragraph (b)(3)(iv) as paragraph (b)(3)(i),
introductory text, and paragraph (b)(3)(i)(A) through paragraph
(b)(3)(i)(D);
    d. Adding new paragraph (b)(3)(ii); and
    e. Adding paragraph (b)(10).
    The revisions and additions read as follows:

    Note: The text of Form N-1A does not, and these amendments will
not, appear in the Code of Federal Regulations.

Form N-1A

* * * * *

Item 17. Management of the fund.

* * * * *
    (b) Leadership Structure and Board of Directors.
    (1) Briefly describe the Fund's leadership structure, including the
responsibilities of the board of directors with respect to the Fund's
management and whether the chairman of the board is an interested
person of the Fund. If the chairman of the board is an interested
person of the Fund, disclose whether the Fund has a lead independent
director and what specific role the lead independent director plays in
the leadership of the Fund. This disclosure should indicate why the
Fund has determined that its leadership structure is appropriate given
the specific characteristics or circumstances of the Fund. In addition,
disclose the extent of the board's role in the Fund's

risk management and the effect that this has on the Fund's leadership
structure.
* * * * *
    (3) * * *
    (ii) Unless disclosed in the table required by paragraph (a)(1) of
this Item 17 or in response to paragraph (b)(3)(i) of this Item 17,
indicate any directorships held during the past five years by each
director in any company with a class of securities registered pursuant
to section 12 of the Securities Exchange Act (15 U.S.C. 78l) or subject
to the requirements of section 15(d) of the Securities Exchange Act (15
U.S.C. 78o(d)) or any company registered as an investment company under
the Investment Company Act, and name the companies in which the
directorships were held.
* * * * *
    (10) For each director, briefly discuss the specific experience,
qualifications, attributes, or skills that qualify that person to serve
as a director for the Fund at the time that the disclosure is made, and
as a member of any committee that the person serves on, in light of the
Fund's business and structure. If material, this disclosure should
cover more than the past five years, and include information about the
person's risk assessment skills, particular areas of expertise, or
other relevant qualifications.
* * * * *
    17. Form N-2 (referenced in Sec. Sec.  239.14 and 274.11a-1), Item
18 is amended by:
    a. Redesignating paragraph 5, introductory text, and paragraph 5(a)
through paragraph 5(d) as paragraph 5(b), introductory text, and
paragraph 5(b)(1) through paragraph 5(b)(4);
    b. Adding new paragraph 5(a);
    c. Redesignating paragraph 6, introductory text, and paragraph 6(a)
through paragraph 6(d) as paragraph 6(a), introductory text, and
paragraph 6(a)(1) through paragraph 6(a)(4);
    d. Adding new paragraph 6(b); and
    e. Adding paragraph 17.
    The additions read as follows:

    Note: The text of Form N-2 does not, and these amendments will
not, appear in the Code of Federal Regulations.

Form N-2

* * * * *

Item 18. Management

* * * * *
    5.(a) Briefly describe the Registrant's leadership structure,
including whether the chairman of the board is an interested person of
the Registrant, as defined in section 2(a)(19) of the 1940 Act (15
U.S.C. 80a-2(a)(19)). If the chairman of the board is an interested
person of the Registrant, disclose whether the Registrant has a lead
independent director and what specific role the lead independent
director plays in the leadership of the Registrant. This disclosure
should indicate why the Registrant has determined that its leadership
structure is appropriate given the specific characteristics or
circumstances of the Registrant. In addition, disclose the extent of
the board's role in the Registrant's risk management and the effect
that this has on the Registrant's leadership structure.
* * * * *
    6. * * *
    (b) Unless disclosed in the table required by paragraph 1 of this
Item 18 or in response to paragraph 6(a) of this Item 18, indicate any
directorships held during the past five years by each director in any
company with a class of securities registered pursuant to section 12 of
the Exchange Act (15 U.S.C. 78l) or subject to the requirements of
section 15(d) of the Exchange Act (15 U.S.C. 78o(d)) or any company
registered as an investment company under the 1940 Act, and name the
companies in which the directorships were held.
* * * * *
    17. For each director, briefly discuss the specific experience,
qualifications, attributes, or skills that qualify that person to serve
as a director for the Registrant at the time that the disclosure is
made, and as a member of any committee that the person serves on, in
light of the Registrant's business and structure. If material, this
disclosure should cover more than the past five years, and include
information about the person's risk assessment skills, particular areas
of expertise, or other relevant qualifications.
* * * * *
    18. Form N-3 (referenced in Sec. Sec.  239.17a and 274.11b), Item
20 is amended by:
    a. Redesignating paragraph (d), introductory text, and paragraph
(d)(i) through paragraph (d)(iv) as paragraph (d)(ii), introductory
text, and paragraph (d)(ii)(A) through paragraph (d)(ii)(D);
    b. Adding new paragraph (d)(i);
    c. Redesignating paragraph (e), introductory text, and paragraph
(e)(i) through paragraph (e)(iv) as paragraph (e)(i), introductory
text, and paragraph (e)(i)(A) through paragraph (e)(i)(D);
    e. Adding new paragraph (e)(ii); and
    f. Adding paragraph (o).
    The additions read as follows:

    Note: The text of Form N-3 does not, and these amendments will
not, appear in the Code of Federal Regulations.

Form N-3

* * * * *

Item 20. Management

* * * * *
    (d)(i) Briefly describe the Registrant's leadership structure,
including whether the chairman of the board is an interested person of
the Registrant, as defined in Section 2(a)(19) of the 1940 Act (15
U.S.C. 80a-2(a)(19)) and the rules thereunder. If the chairman of the
board is an interested person of the Registrant, disclose whether the
Registrant has a lead independent director and what specific role the
lead independent director plays in the leadership of the Registrant.
This disclosure should indicate why the Registrant has determined that
its leadership structure is appropriate given the specific
characteristics or circumstances of the Registrant. In addition,
disclose the extent of the board's role in the Registrant's risk
management and the effect that this has on the Registrant's leadership
structure.
    (e) * * *
    (ii) Unless disclosed in the table required by paragraph (a) of
this Item 20 or in response to paragraph (e)(i) of this Item 20,
indicate any directorships held during the past five years by each
director in any company with a class of securities registered pursuant
to section 12 of the Exchange Act (15 U.S.C. 78l) or subject to the
requirements of section 15(d) of the Exchange Act (15 U.S.C. 78o(d)) or
any company registered as an investment company under the 1940 Act, and
name the companies in which the directorships were held.
* * * * *
    (o) For each director, briefly discuss the specific experience,
qualifications, attributes, or skills that qualify that person to serve
as a director for the Registrant at the time that the disclosure is
made, and as a member of any committee that the person serves on, in
light of the Registrant's business and structure. If material, this
disclosure should cover more than the past five years, and include
information about the person's risk assessment skills, particular areas
of expertise, or other relevant qualifications.
* * * * *

    By the Commission.

    Dated: July 10, 2009.
Elizabeth M. Murphy,
Secretary.
 [FR Doc. E9-16764 Filed 7-16-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Notices]
[Pages 9772-9774]
[FR Doc No: 2013-02991]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0337]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to exempt 18 individuals from the
vision requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs). They are unable to meet the vision requirement in one eye for
various reasons. The exemptions will enable these individuals to
operate commercial motor vehicles (CMVs) in interstate commerce without
meeting the prescribed vision requirement in one eye. The Agency has
concluded that granting these exemptions will provide a level of safety
that is equivalent to or greater than the level of safety maintained
without the exemptions for these CMV drivers.

DATES: The exemptions are effective February 11, 2013. The exemptions
expire on February 11, 2015.

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

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgement that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on December
29, 2010 (75 FR 82132), or you may visit http://www.gpo.gov/fdsys/pkg/FR-2010-12-29/pdf/2010-32876.pdf.

Background

    On November 26, 2012, FMCSA published a notice of receipt of
exemption applications from certain individuals, and requested comments
from the public (77 FR 70534). That notice listed 18 applicants' case
histories. The 18 individuals applied for exemptions from the vision
requirement in 49 CFR 391.41(b)(10), for drivers who operate CMVs in
interstate commerce.
    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 2-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to or greater than the level that
would be achieved absent such exemption.'' The statute also allows the
Agency to renew exemptions at the end of the 2-year period.
Accordingly, FMCSA has evaluated the 18 applications on their merits
and made a determination to grant exemptions to each of them.

Vision and Driving Experience of the Applicants

    The vision requirement in the FMCSRs provides:
    A person is physically qualified to drive a commercial motor
vehicle if that person has distant visual acuity of at least 20/40
(Snellen) in each eye without corrective lenses or visual acuity
separately corrected to 20/40 (Snellen) or better with corrective
lenses, distant binocular acuity of a least 20/40 (Snellen) in both
eyes with or without corrective lenses, field of vision of at least
70[deg] in the horizontal meridian in each eye, and the ability to
recognize the colors of traffic signals and devices showing requirement
red, green, and amber (49 CFR 391.41(b)(10)).
    FMCSA recognizes that some drivers do not meet the vision
requirement but have adapted their driving to

accommodate their vision limitation and demonstrated their ability to
drive safely. The 18 exemption applicants listed in this notice are in
this category. They are unable to meet the vision requirement in one
eye for various reasons, including amblyopia, refractive amblyopia,
cataracts, no light perception, retinal detachment, open angle
glaucoma, macular scar, aphakia, branch retinal artery occlusion,
medullated nerve fibers, and complete loss of vision. In most cases,
their eye conditions were not recently developed. Thirteen of the
applicants were either born with their vision impairments or have had
them since childhood.
    The five individuals that sustained their vision conditions as
adults have had it for a period of 4 to 27 years.
    Although each applicant has one eye which does not meet the vision
requirement in 49 CFR 391.41(b)(10), each has at least 20/40 corrected
vision in the other eye, and in a doctor's opinion, has sufficient
vision to perform all the tasks necessary to operate a CMV. Doctors'
opinions are supported by the applicants' possession of valid
commercial driver's licenses (CDLs) or non-CDLs to operate CMVs. Before
issuing CDLs, States subject drivers to knowledge and skills tests
designed to evaluate their qualifications to operate a CMV.
    All of these applicants satisfied the testing requirements for
their State of residence. By meeting State licensing requirements, the
applicants demonstrated their ability to operate a CMV, with their
limited vision, to the satisfaction of the State.
    While possessing a valid CDL or non-CDL, these 18 drivers have been
authorized to drive a CMV in intrastate commerce, even though their
vision disqualified them from driving in interstate commerce. They have
driven CMVs with their limited vision for careers ranging from 3 to 44
years. In the past 3 years, none of the drivers were involved in
crashes but three were convicted of moving violations in a CMV.
    The qualifications, experience, and medical condition of each
applicant were stated and discussed in detail in the November 26, 2012
notice (77 FR 70534).

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the vision requirement in 49 CFR 391.41(b)(10) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. Without the exemption, applicants
will continue to be restricted to intrastate driving. With the
exemption, applicants can drive in interstate commerce. Thus, our
analysis focuses on whether an equal or greater level of safety is
likely to be achieved by permitting each of these drivers to drive in
interstate commerce as opposed to restricting him or her to driving in
intrastate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered the medical reports about the applicants' vision as well as
their driving records and experience with the vision deficiency.
    To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past 3
years. Recent driving performance is especially important in evaluating
future safety, according to several research studies designed to
correlate past and future driving performance. Results of these studies
support the principle that the best predictor of future performance by
a driver is his/her past record of crashes and traffic violations.
Copies of the studies may be found at Docket Number FMCSA-1998-3637.
    We believe we can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrate the driving performance
of experienced monocular drivers in the program is better than that of
all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996).
The fact that experienced monocular drivers demonstrated safe driving
records in the waiver program supports a conclusion that other
monocular drivers, meeting the same qualifying conditions as those
required by the waiver program, are also likely to have adapted to
their vision deficiency and will continue to operate safely.
    The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used 3 consecutive years
of data, comparing the experiences of drivers in the first 2 years with
their experiences in the final year.
    Applying principles from these studies to the past 3-year record of
the 18 applicants, none of the drivers were involved in crashes but
three were convicted of moving violations in a CMV. All the applicants
achieved a record of safety while driving with their vision impairment,
demonstrating the likelihood that they have adapted their driving
skills to accommodate their condition. As the applicants' ample driving
histories with their vision deficiencies are good predictors of future
performance, FMCSA concludes their ability to drive safely can be
projected into the future.
    We believe that the applicants' intrastate driving experience and
history provide an adequate basis for predicting their ability to drive
safely in interstate commerce. Intrastate driving, like interstate
operations, involves substantial driving on highways on the interstate
system and on other roads built to interstate standards. Moreover,
driving in congested urban areas exposes the driver to more pedestrian
and vehicular traffic than exists on interstate highways. Faster
reaction to traffic and traffic signals is generally required because
distances between them are more compact. These conditions tax visual
capacity and driver response just as intensely as interstate driving
conditions. The veteran drivers in this proceeding have operated CMVs
safely under those conditions for at least 3 years, most for much
longer. Their experience and driving records lead us to believe that
each applicant is capable of operating in interstate commerce as safely
as he/she has been performing in intrastate commerce. Consequently,
FMCSA finds that exempting these applicants from the vision requirement
in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to
that existing without the exemption. For this reason, the Agency is
granting the exemptions for the 2-year period allowed by 49 U.S.C.
31136(e) and 31315 to the 18 applicants

listed in the notice of November 26, 2012 (77 FR 70534).
    We recognize that the vision of an applicant may change and affect
his/her ability to operate a CMV as safely as in the past. As a
condition of the exemption, therefore, FMCSA will impose requirements
on the 18 individuals consistent with the grandfathering provisions
applied to drivers who participated in the Agency's vision waiver
program.
    Those requirements are found at 49 CFR 391.64(b) and include the
following: (1) that each individual be physically examined every year
(a) by an ophthalmologist or optometrist who attests that the vision in
the better eye continues to meet the requirement in 49 CFR
391.41(b)(10) and (b) by a medical examiner who attests that the
individual is otherwise physically qualified under 49 CFR 391.41; (2)
that each individual provide a copy of the ophthalmologist's or
optometrist's report to the medical examiner at the time of the annual
medical examination; and (3) that each individual provide a copy of the
annual medical certification to the employer for retention in the
driver's qualification file, or keep a copy in his/her driver's
qualification file if he/she is self-employed. The driver must have a
copy of the certification when driving, for presentation to a duly
authorized Federal, State, or local enforcement official.

Discussion of Comments

    FMCSA received no comments in this proceeding.

Conclusion

    Based upon its evaluation of the 18 exemption applications, FMCSA
exempts Joseph Colecchi (PA), William A. Donovan (WA), Douglas Eamens
(NY), Brian Knust (IL), Scott A. Lambertson (MN), James W. Long (AR),
Dean L. Price (WA), Roberto Ramos (TX), Johnie Reed (VA), Charles
Roudebush (NJ), Mario G. Sanseverino (OK), Samuel Soles (MI), Joseph
Stenberg (MT), Karl H. Strangfeld (UT), Grover C. Taylor (VA), Jimmy
Van Meter (AR), Keith Washington (IL), and Donald L. Weston (PA) from
the vision requirement in 49 CFR 391.41(b)(10), subject to the
requirements cited above (49 CFR 391.64(b)).
    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for 2 years unless revoked earlier by FMCSA. The
exemption will be revoked if: (1) The person fails to comply with the
terms and conditions of the exemption; (2) the exemption has resulted
in a lower level of safety than was maintained before it was granted;
or (3) continuation of the exemption would not be consistent with the
goals and objectives of 49 U.S.C. 31136 and 31315.
    If the exemption is still effective at the end of the 2-year
period, the person may apply to FMCSA for a renewal under procedures in
effect at that time.

    Issued on: January 30, 2013.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-02991 Filed 2-8-13; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 82, Number 147 (Wednesday, August 2, 2017)]
[Proposed Rules]
[Pages 35911-35914]
[FR Doc No: 2017-16052]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0714; Directorate Identifier 2017-NM-042-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2012-21-
04, which applies to all Airbus Model A300 series airplanes; Model A310
series airplanes; and Model A300 B4-600, B4-600R, and F4-600R series
airplanes, and Model A300 C4-605R Variant F airplanes (collectively
called Model A300-600 series airplanes). AD 2012-21-04 currently
requires repetitive inspections for, and replacement of, any cracked
hood halves of fuel pump canisters. Since we issued AD 2012-21-04, we
allowed inspections of the outer tank and trim tank fuel pump canister
hood halves to be terminated. However, we have received reports of new
in-service events of outer tank fuel pump canister hood cracking. This
proposed AD would retain the requirements of AD 2012-21-04, reinstate
the terminated inspections, and add optional terminating actions. We
are proposing this AD to address the unsafe condition on these
products.

DATES: We must receive comments on this proposed AD by September 18,
2017.

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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Airbus
SAS, Airworthiness Office--EAW, 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
425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0714; 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: Dan Rodina, 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-2017-0714;
Directorate Identifier 2017-NM-042-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

    On October 25, 2012, we issued AD 2012-21-04, Amendment 39-17220
(77 FR 64701, October 23, 2012) (``AD 2012-21-04''), for all Airbus
Model A300 series airplanes; Model A310 series airplanes; and Model
A300 B4-600, B4-600R, and Model A300-600 series airplanes. AD 2012-21-
04 was prompted by reports of cracked fuel pump canister hoods located
in fuel tanks. AD 2012-21-04 requires repetitive inspections for, and
replacement of, any cracked hood halves of fuel pump canisters. We
issued AD 2012-21-04 to prevent any detached canister hood fragments/
debris from being ingested into the fuel feed system, and becoming a
potential source of ignition with consequent fire or explosion.
    Since we issued AD 2012-21-04 (which corresponds to European
Aviation Safety Agency (EASA) AD 2011-0124, dated June 30, 2011), EASA
has issued EASA AD 2011-0124R1, dated September 5, 2014. That EASA AD
introduced optional terminating action for the wing inner and center
fuel tanks, and cancelled the repetitive inspections of the fuel pump
canister hood halves in outer wing and trim tanks, for which no cracks
had been reported following the initial inspection. The FAA provided a
global alternative method of compliance (AMOC) to AD 2012-21-04
providing relief to operators from conducting the inspection for the
fuel pump canister hoods in the outer wing and trim tanks. Since the
FAA provided the global AMOC, we have received reports of new in-
service events of outer tank fuel pump canister hood cracking.
    EASA has issued AD 2017-0051, dated March 23, 2017 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus Model A300
series airplanes; Model A310 series airplanes;

and Model A300-600 series airplanes. The MCAI states:

    Reports were received of finding cracked fuel pump canister
hoods located in fuel tanks on in-service aeroplanes. Initial
analyses, laboratory testing and examinations suggested that
vibration-induced fatigue could have caused these cracks. However,
initial data could not exclude some other potential contributing
factors.
    This condition, if not detected and corrected, could lead to
detached canister hood fragments or debris being ingested into the
fuel feed system. In addition, metallic debris inside the fuel tank
could result in a potential source of fuel vapour ignition, possibly
resulting in a fire or fuel tank explosion and consequent loss of
the aeroplane.
    To address this potential unsafe condition, EASA issued AD 2011-
0124 (later revised) [FAA AD 2012-21-04 corresponds to EASA AD 2011-
0124] to require repetitive inspections of the canister hood halves
installed on all fuel pump canisters and, if any damage was found,
replacement. EASA AD 2011-0124R1 introduced an optional terminating
action for the wing inner and centre fuel tanks, and cancelled the
repetitive inspections of the fuel pump canister hoods in outer wing
and trim tanks, for which no cracks had been reported following the
initial inspection.
    Since that [EASA] AD was issued, new in service events of outer
tank fuel pump canister hood cracking have been reported.
Consequently, the canister hoods of the outer tank fuel pumps and
trim tank fuel pumps will need to be inspected.
    For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2011-0124R1, which is superseded, retaining
the repetitive inspections of fuel pump canister hoods in wing inner
and centre tanks, and reintroduces repetitive detailed inspections
(DET) for outer tank and trim tank fuel pump canister hoods. This
[EASA] AD also retains the existing optional terminating action for
the repetitive DET of wing inner and centre tank fuel pump canister
hoods, and introduces a new optional terminating action for the
repetitive DET of the outer and trim tank fuel pump canister hoods
required by this [EASA] AD.

    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-2017-
0714.

Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information.
     Airbus Mandatory Service Bulletin A300-28-0089, Revision
03, dated December 16, 2016. This service information describes
procedures for repetitive detailed inspections of all fuel pump
locations (center, wing-inner, and wing-outer tank), and replacing any
cracked hood halves of fuel pump canisters.
     Airbus Service Bulletin A300-28-0092, Revision 01, dated
August 29, 2014; Airbus Service Bulletin A300-28-6110, Revision 01,
dated August 29, 2014; and Airbus Service Bulletin A310-28-2175,
Revision 01, dated August 29, 2014. This service information describes
procedures for replacement of the hood halves of the fuel pump
canisters with newer design hood halves for the wing-inner tank and the
center tank fuel pumps. These documents are distinct since they apply
to different airplane models.
     Airbus Service Bulletin A300-28-0094, Revision 00, dated
January 9, 2017. This service information describes procedures for
replacement of the hood halves of the fuel pump canisters with newer
design hood halves for the wing-outer tank.
     Airbus Mandatory Service Bulletin A300-28-6106, Revision
03, dated December 16, 2016; and Airbus Mandatory Service Bulletin
A310-28-2173, Revision 03, dated December 16, 2016. This service
information describes procedures for repetitive detailed inspections of
all fuel pump locations (center, wing-inner, wing-outer, and trim
tank), and replacing any cracked hood halves of fuel pump canisters.
These documents are distinct since they apply to different airplane
models.
     Airbus Service Bulletin A300-28-6114, Revision 00, dated
January 9, 2017; and Airbus Service Bulletin A310-28-2178, Revision 00,
January 9, 2017. This service information describes procedures for
replacement of the hood halves of the fuel pump canisters with newer
design hood halves for the wing-outer tank and the trim tank fuel
pumps. These documents are distinct since they apply to different
airplane models.
    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.

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.

Costs of Compliance

    We estimate that this proposed AD affects 168 airplanes of U.S.
registry.
    The actions required by AD 2012-21-04, and retained in this
proposed AD take about 12 work-hours per product, at an average labor
rate of $85 per work-hour. Based on these figures, the estimated cost
of the actions that are required by AD 2012-21-04 is $1,020 per
product.
    We also estimate that it would take about 9 work-hours per product
to comply with the new basic requirements of this proposed AD, at an
average labor rate of $85 per work-hour. Based on these figures, we
estimate the cost of the new basic requirements of this proposed AD on
U.S. operators to be $128,520, or $765 per product.
    In addition, we estimate that the optional terminating actions
would take about 1 work-hour and require parts costing $255, for a cost
of $340 per product. We have no way of determining the number of
aircraft that might need these actions.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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 removing Airworthiness Directive (AD)
2012-21-04, Amendment 39-17220 (77 FR 64701, October 23, 2012), and
adding the following new AD:

Airbus: Docket No. FAA-2017-0714; Directorate Identifier 2017-NM-
042-AD.

(a) Comments Due Date

    We must receive comments by September 18, 2017.

(b) Affected ADs

    This AD replaces AD 2012-21-04, Amendment 39-17220 (77 FR 64701,
October 23, 2012) (``AD 2012-21-04'').

(c) Applicability

    This AD applies to the airplanes identified in paragraphs
(c)(1), (c)(2), and (c)(3) of this AD, certificated in any category,
all certificated models, all manufacturer serial numbers.
    (1) Airbus Model A300 B2-1A, B2-1C, B2K-3C, B2-203, B4-2C, B4-
103, and B4-203 airplanes.
    (2) Airbus Model A310-203, -204, -221, -222, -304, -322, -324,
and -325 airplanes.
    (3) Airbus Model A300 B4-601, B4-603, B4-620, and B4-622
airplanes, Model A300 B4-605R and B4-622R airplanes, Model A300 F4-
605R and F4-622R airplanes, and Model A300 C4-605R Variant F
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by reports of cracked fuel pump canister
hoods located in fuel tanks and new in-service events of outer tank
fuel pump canister hood cracking. We are issuing this AD to prevent
any detached canister hood fragments/debris from being ingested into
the fuel feed system, and becoming a potential source of ignition
with consequent fire or explosion.

(f) Compliance

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

(g) Retained Initial Inspection and Replacement, With Revised
Requirements and Service Information

    This paragraph restates the requirements of paragraph (g) of AD
2012-21-04, with revised service information. Within 30 months after
November 27, 2012 (the effective date of AD 2012-21-04), do a
detailed inspection for cracking of the fuel pump canister hood
halves installed on all wing center and inner tank fuel pump
canisters having part numbers (P/N) 2052C11, 2052C12, and C93R51-
601, in accordance with the Accomplishment Instructions of the
service bulletin specified in paragraph (g)(1), (g)(2), or (g)(3) of
this AD, as applicable. If any crack is found on any fuel pump
canister hood half during any inspection, before further flight,
replace the fuel pump canister hood half, in accordance with the
Accomplishment Instructions of the service bulletin specified in
paragraph (g)(1), (g)(2), or (g)(3) of this AD, as applicable.
    (1) For Model A300 series airplanes: Airbus Mandatory Service
Bulletin A300-28-0089, Revision 01, including Inspection Findings--
Reporting Sheet, dated April 15, 2011; or Airbus Service Bulletin
A300-28-0089, Revision 03, dated December 16, 2016. As of the
effective date of this AD, only use Airbus Service Bulletin A300-28-
0089, Revision 03, dated December 16, 2016.
    (2) For Model A300-600 series airplanes: Airbus Mandatory
Service Bulletin A300-28-6106, Revision 01, including Inspection
Findings--Reporting Sheet, dated April 15, 2011; or Airbus Service
Bulletin A300-28-6106, Revision 03, dated December 16, 2016. As of
the effective date of this AD, only use Airbus Service Bulletin
A300-28-6106, Revision 03, dated December 16, 2016.
    (3) For Model A310 series airplanes: Airbus Mandatory Service
Bulletin A310-28-2173, Revision 01, including Inspection Findings--
Reporting Sheet, dated April 15, 2011; or Airbus Service Bulletin
A310-28-2173, Revision 03, dated December 16, 2016. As of the
effective date of this AD, only use Airbus Service Bulletin A310-28-
2173, Revision 03, dated December 16, 2016.

(h) Retained Repetitive Inspections, With No Changes

    This paragraph restates the requirements of paragraph (h) of AD
2012-21-04, with no changes. Within 30 months after accomplishing
the actions specified in paragraph (g) of this AD, and thereafter at
intervals not to exceed 30 months, repeat the detailed inspection
specified in paragraph (g) of this AD.

(i) New Repetitive Inspections and Replacement of the Outer Tank and
Trim Tank Fuel Pump Canister Hood Halves

    Within 30 months after the effective date of this AD, do a
detailed inspection for cracking of the outer tank and trim tank, as
applicable, fuel pump canister hood halves installed on all fuel
pump canisters having part numbers (P/N) 2052C11, 2052C12, and
C93R51-601, in accordance with the Accomplishment Instructions of
the service bulletin specified in paragraph (i)(1), (i)(2), or
(i)(3) of this AD, as applicable. Repeat the inspection thereafter
at intervals not to exceed 30 months. If any crack is found on any
fuel pump canister hood half during any inspection, before further
flight, replace the fuel pump canister hood half, in accordance with
the Accomplishment Instructions of the service bulletin specified in
paragraph (i)(1), (i)(2), or (i)(3) of this AD, as applicable.
    (1) For Model A300 series airplanes: Airbus Service Bulletin
A300-28-0089, Revision 03, dated December 16, 2016.
    (2) For Model A300-600 series airplanes: Airbus Service Bulletin
A300-28-6106, Revision 03, dated December 16, 2016.
    (3) For Model A310 series airplanes: Airbus Service Bulletin
A310-28-2173, Revision 03, dated December 16, 2016.

(j) New Optional Terminating Actions

    Replacement of the fuel pump canister hood halves installed on
all fuel pump canisters having P/Ns 2052C11, 2052C12, and C93R51-
601, constitutes terminating action for the inspections required by
paragraphs (g) and (h) of this AD. The replacement of the fuel pump
canister hood halves must be done in accordance with the
Accomplishment Instructions of the service information specified in
paragraph (j)(1), (j)(2), or (j)(3) of this AD, as applicable.
    (1) For Model A300 series airplanes: Airbus Service Bulletin
A300-28-0092, Revision 01, dated August 29, 2014 (for wing center
and inner tank fuel pump canister hood halves); and Airbus Service
Bulletin A300-28-0094, Revision 00, dated January 9, 2017 (for outer
tank fuel pump canister hood halves).
    (2) For Model A300-600 series airplanes: Airbus Service Bulletin
A300-28-6110, Revision 01, dated August 29, 2014 (for wing center
and inner tank fuel pump canister hood halves); and Airbus Service
Bulletin A300-28-6114, Revision 00, dated January 9, 2017 (for outer
tank and trim tank fuel pump canister hood halves).
    (3) For Model A310 series airplanes: Airbus Service Bulletin
A310-28-2175, Revision 01, dated August 29, 2014 (for wing center
and inner tank fuel pump canister hood halves); and Airbus Service
Bulletin A310-28-2178, Revision 00, January 9, 2017 (for outer tank
and trim tank fuel pump canister hood halves).

(k) 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 the service information specified in
paragraph (k)(1)(i), (k)(1)(ii), or (k)(1)(iii) of this AD.
    (i) Airbus Service Bulletin A300-28-0089, dated January 13,
2011; or Airbus Service

Bulletin A300-28-0089, Revision 02, dated April 25, 2014.
    (ii) Airbus Service Bulletin A300-28-6106, dated January 13,
2011; or Airbus Service Bulletin A300-28-6106, Revision 02, dated
April 25, 2014.
    (iii) Airbus Service Bulletin A310-28-2173, dated January 13,
2011; or Airbus Mandatory Service Bulletin A310-28-2173, Revision
02, dated April 25, 2014.
    (2) This paragraph provides credit for the actions required by
paragraph (h) of this AD, if those actions were performed before the
effective date of this AD using the service information specified in
paragraph (k)(2)(i), (k)(2)(ii), or (k)(2)(iii) of this AD.
    (i) Airbus Service Bulletin A300-28-0089, dated January 13,
2011; Airbus Service Bulletin A300-28-0089, Revision 01, dated April
15, 2011; or Airbus Service Bulletin A300-28-0089, Revision 02,
dated April 25, 2014.
    (ii) Airbus Service Bulletin A300-28-6106, dated January 13,
2011; Airbus Service Bulletin A300-28-6106, Revision 01, dated April
15, 2011; or Airbus Service Bulletin A300-28-6106, Revision 02,
dated April 25, 2014.
    (iii) Airbus Service Bulletin A310-28-2173, dated January 13,
2011; Airbus Service Bulletin A310-28-2173, Revision 01, dated April
15, 2011; or Airbus Service Bulletin A310-28-2173, Revision 02,
dated April 25, 2014.
    (3) This paragraph provides credit for the actions specified in
paragraph (j) of this AD, if those actions were performed before the
effective date of this AD using Airbus Service Bulletin A300-28-
6110, Revision 00, dated November 28, 2013.

(l) Other FAA AD Provisions

    (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 the attention of
the person identified in paragraph (m)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>    (i) 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.
    (ii) AMOCs approved previously for AD 2012-21-04, Amendment 39-
17220 (77 FR 64701, October 23, 2012), are not approved as AMOCs
with this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, 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.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2017-0051, dated March 23, 2017, 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-2017-0714.
    (2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAW, 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 July 19, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-16052 Filed 8-1-17; 8:45 am]
 BILLING CODE 4910-13-P