[Federal Register Volume 81, Number 88 (Friday, May 6, 2016)]
[Notices]
[Pages 27429-27432]
[FR Doc No: 2016-10667]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF16-1-000]

Algonquin Gas Transmission, LLC; Notice of Intent To Prepare an
Environmental Impact Statement for the Planned Access Northeast
Project, Request for Comments on Environmental Issues, and Notice of
Public Scoping Meetings

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental impact statement (EIS) for
the planned Access Northeast Project (ANE Project). This EIS will
discuss the potential impacts on the environment resulting from
Algonquin Gas Transmission, LLC's (Algonquin) construction and
operation of interstate natural gas transmission and storage facilities
in New Jersey, New York, Connecticut, Rhode Island, and Massachusetts.
The Commission will use this EIS in its decision-making process to
determine whether the Project is in the public convenience and
necessity.
    This notice, which is being sent to the Commission's current
environmental mailing list describes the process the Commission will
use to gather input from the public and interested agencies on the ANE
Project. The Review Process flow chart in Appendix 1 also illustrates
public input opportunities.\1\ State and local government
representatives should notify their constituents of this planned
Project and encourage them to comment on their areas of concern.
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    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street NE.,
Washington, DC 20426, or call<PHONE_NUMBER>. For instructions on
connecting to eLibrary, refer to the last page of this notice.
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    Comments on the ANE Project may be submitted in written form or
verbally. The Public Participation section of this notice describes how
to submit written comments. To ensure that written comments are
properly recorded and that staff has sufficient time to consider them,
please send these comments so that the Commission receives them in
Washington, DC on or before May 30, 2016. The Commission's staff will
also consider comments received after this date, but we encourage you
to file your comments within the identified comment period. Verbal
comments can be given at the public scoping meetings described in the
Public Participation section below.
    If you sent comments on the ANE Project to the Commission before
November 17, 2015, you will need to resend those comments, attention
Docket No. PF16-1-000, to ensure they are considered as part of this
proceeding.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the planned facilities. The company
would seek to negotiate a mutually acceptable agreement. However, if
the Commission approves the Project, that approval conveys with it the
right of eminent domain. Therefore, if easement negotiations fail to
produce an agreement and the Project is approved, the pipeline company
could initiate condemnation proceedings where compensation would be
determined in accordance with state law.
    To help potentially affected landowners and other interested
parties better understand the Commission and its environmental review
process, the ``For Citizens'' section of the FERC Web site
(www.ferc.gov) provides information about getting involved in FERC
jurisdictional projects, and a citizens' guide entitled ``An Interstate
Natural Gas Facility On My Land? What Do I Need to Know?'' This guide
addresses a number of frequently asked questions, including the use of
eminent domain and how to participate in the Commission's proceedings.

Public Participation

    Submitting comments can make a difference. Your comments should
focus on potential environmental impacts, measures to avoid or lessen
these impacts, and reasonable alternatives. These comments will help
the Commission's staff determine what issues need to be evaluated in
the EIS and focus the analysis in the EIS on the important
environmental issues.
    For your convenience, there are four methods you can use to submit
your comments to the Commission. The commission will provide equal
consideration to all comments received, whether filed in written form
or provided verbally. In all instances, please reference the Project
docket number (PF16-1-000) with your submission. The Commission
encourages electronic filing of comments and has expert staff available
to assist you at<PHONE_NUMBER> or<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project;
    (2) You can file your comments electronically using the eFiling
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' If you are filing a comment on a particular project,
please select ``Comment on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.
    (4) In lieu of sending written or electronic comments, the
Commission invites you to attend one of the public scoping meetings its
staff will conduct in the project area, scheduled as follows.

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             Date and time                           Location
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Monday, May 16, 2016, 6:30 p.m. Eastern  Southbury Fire Department, 461
 Time.                                    Main Street South, Southbury,
                                          CT 06488.
Monday, May 16, 2016, 6:30 p.m. Eastern  Mansfield Middle School, 205
 Time.                                    Spring Hill Road, Storrs, CT
                                          06268.
Tuesday, May 17, 2016, 6:30 p.m.         Sleepy Hollow High School, 210
 Eastern Time.                            North Broadway, Sleepy Hollow,
                                          NY 10591.
Wednesday, May 18, 2016, 6:30 p.m.       Stacey Middle School, 66 School
 Eastern Time *.                          Street, Milford, MA 01757.
Wednesday, May 18, 2016, 6:30 p.m.       Ford Middle School, 708 Middle
 Eastern Time.                            Road, Acushnet, MA 02743.

Thursday, May 19, 2016, 6:30 p.m.        Abigail Adams Middle School, 89
 Eastern Time.                            Weymouth Street, East
                                          Weymouth, MA 02189.
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* Due to venue availability, the Stacy Middle School in Milford,
  Massachusetts will not be accessible until 6:00 p.m. Please plan
  accordingly. Meeting attendees will be asked to wait outside.

    The purpose of these meetings is to provide the public an
opportunity to learn more about the Commission's environmental review
process and to verbally comment on the ANE Project. Affected landowners
and other interested parties concerned about the ANE Project are
encouraged to attend these meetings and to give their comments on the
issues they believe should be addressed in the EIS. Individuals wishing
to provide comments on Algonquin's Incremental Market and Atlantic
Bridge Projects should file their comments in the respective FERC
administrative records (CP14-96-000 and CP16-9-000).
    Individuals wishing to comment at a meeting may begin registering
to speak one hour prior to each meeting.\2\ Representatives from
Algonquin will also be present before each meeting to answer questions
about the ANE Project. The meetings will begin promptly at 6:30 p.m. To
ensure everyone has a chance to be heard, the time allotted for
speakers may be limited to three minutes. If a time limit is
implemented, it will be strictly enforced. Commenters should prepare
their remarks accordingly. All comments will be transcribed and entered
into the Commission's administrative record. Due to potential large
turnouts in Acushnet and Weymouth, Massachusetts, two court reporters
will be present at each meeting to transcribe comments. One court
reporter will be present in the main room and another will be present
in an adjacent room for those who wish to speak and not attend the
entire meeting. The meetings will end once all speakers have provided
their comments or at 10 p.m., whichever comes first.
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    \2\ Due to venue availability, the Stacy Middle School in
Milford, Massachusetts will not be accessible until 6:00 p.m.
Speaker registration will begin at that time. Please plan
accordingly.
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Summary of the Planned Project

    Over the past several years Algonquin has expanded its existing
natural gas transmission system in the Northeastern United States to
meet demand as it arises in the region. In response to growing demand
and interest from shippers, Algonquin plans to modify its existing
system in New Jersey, New York, Connecticut, Rhode Island, and
Massachusetts. If constructed, the ANE Project would be capable of
providing up to 925 million cubic feet per day of natural gas at
various delivery points on the existing Algonquin pipeline system. The
planned ANE Project facilities are described below. The general
locations of the Project facilities are shown in Appendix 2.
Pipeline Facilities
     Replacement of approximately 45.0 miles of existing 26-
inch-diameter pipeline with 42-inch-diameter pipeline as follows:
    [cir] 1.2 miles in Rockland County, New York (Hanover Take-up and
Relay \3\);
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    \3\ Take-up and relay refers to a construction method by which
an existing pipeline is removed and replaced with a new pipeline.
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    [cir] 12.7 miles in Westchester and Putnam Counties, New York
(Stony Point Take-up and Relay);
    [cir] 17.6 miles in Fairfield and New Haven Counties, Connecticut
(Southeast Take-up and Relay; and
    [cir] 13.5 miles in New Haven and Hartford Counties, Connecticut
(Oxford Take-up and Relay.
     Extensions of existing pipeline loops; \4\ approximately
22.7 miles of additional 36-inch-diameter pipeline and 25.9 miles of
additional 30-inch-diameter pipeline as follows:
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    \4\ A pipeline loop is a segment of pipe constructed parallel to
an existing pipeline to increase capacity.
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    [cir] 13.3 miles of 36-inch-diameter pipeline in Hartford,
Middlesex, and Tolland Counties, Connecticut (Cromwell Loop);
    [cir] 9.4 miles of 36-inch-diameter pipeline in Windham County,
Connecticut (Chaplin Loop);
    [cir] 21.7 miles of 30-inch-diameter pipeline in Norfolk County,
Massachusetts (Q-1 Loop); and
    [cir] 4.2 miles of 30-inch-pipeline in Norfolk County,
Massachusetts (I-8 Loop).
     Installation of approximately 26.8 miles of new 16-inch-
diameter lateral pipeline in Norfolk and Worcester Counties,
Massachusetts.
     Installation of approximately 2.9 miles of new 24-inch-
diameter lateral pipeline in Bristol County, Massachusetts.
    Algonquin would also need to construct pig \5\ launcher and
receiver facilities and new mainline valves.
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    \5\ A ``pig'' is a tool that the pipeline company inserts into
and pushed through the pipeline for cleaning the pipeline,
conducting internal inspections, or other purposes.
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Compressor Stations and Other Pipeline-Related Aboveground Facilities

    Algonquin plans to modify six existing compressor stations, expand
one currently proposed compressor station, construct one new compressor
station, modify seven existing metering and regulating (M&R) stations,
and construct two new M&R stations. The modifications to the six
existing compressor stations would be located in Rockland and Putnam
Counties, New York, New Haven, Middlesex, and Windham Counties
Connecticut, and Providence County, Rhode Island. The expansion of the
currently proposed compressor station would be located in Norfolk
County, Massachusetts and the new compressor station would be located
in Bristol County, Massachusetts. These eight compressor stations would
add a total of 165,560 horsepower to Algonquin's pipeline system.
    The modifications to the seven existing Algonquin M&R stations
would occur in New Jersey, New York, Connecticut, and Massachusetts to
accept the new gas flows associated with the Project. The new M&R
stations would be constructed in Bristol and Worcester Counties
Massachusetts.

Liquefied Natural Gas (LNG) Storage Facility

    The planned LNG Storage Facility would be located on a 210-acre
site in Acushnet, Massachusetts adjacent to an existing LNG peak-
shaving facility (the existing facility would not be affected). The
facility would include; two full containment LNG storage tanks with a
total combined capacity of 6.8 billion standard cubic feet (84.6
million gallons), feed gas pretreatment systems, liquefaction and
regasification capabilities, a new permanent access road, a flare or
other venting system yet to be determined, electrical service
facilities, and a refrigerant compressor driver with appropriate noise
suppression and emission controls. This facility would be connected to
Algonquin's existing natural gas transmission system by a new
approximately 2.86 mile pipeline.

Land Requirements for Construction

    Construction of the planned facilities would disturb about 1,866
acres of land including forested, open, agricultural, industrial/
commercial, and residential lands. Of the lands affected, about 1,590
acres for the pipeline facilities, 118 acres for the compressor
stations, 150 acres for the LNG Facility, and 8 acres for the M&R
stations. About 1,100 acres of land that would be affected by pipeline
construction activities has already been disturbed by existing
pipelines or other utilities. Similarly, about 95 acres of land that
would be affected by the compressor stations has already been
disturbed. Following construction, Algonquin would retain about 494
acres of new, permanent easement outside of its current operating
footprint. This amount includes approximately 327 acres of permanent
easement for the new pipeline right-of-way, 20 acres for the new
compressor station, 150 acres for the LNG Facility, and a total of 2
acres for the M&R stations.

The EIS Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity under Section 7 of the
Natural Gas Act. NEPA also requires us \6\ to discover and address
concerns the public may have about proposals. This discovery process is
commonly referred to as ``scoping''. The main goal of the scoping
process is to focus the analysis in the EIS on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EIS. All comments
received will be considered during the preparation of the EIS, and
addressed as appropriate.
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    \6\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
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    In the EIS we will discuss impacts that could occur as a result of
the construction, operation, and maintenance of the planned Project
under these general headings:
     Geology and soils;
     land use;
     water resources, fisheries, and wetlands;
     cultural resources;
     vegetation and wildlife;
     air quality and noise;
     threatened and endangered species;
     public safety and reliability; and
     cumulative impacts.
    Staff, in cooperation with other federal agencies, has already
begun an evaluation of alternatives to the ANE Project, including
pipeline route alternatives, compressor station equipment and
locations, and LNG Storage Facility sites. This alternatives analysis
will be included in the EIS along with any recommendations we may have
on how to avoid, minimize, and/or mitigate impacts on the various
resource areas.
    Although no formal application has been filed, we have already
initiated our NEPA review under the Commission's pre-filing process.
The purpose of the pre-filing process is to encourage early involvement
of interested stakeholders and to identify and resolve issues before
the FERC receives an application. As part of our pre-filing review, we
have contacted federal and state agencies to discuss their involvement
in the scoping process and the preparation of the EIS.
    The EIS will present our independent analysis of the issues. We
will publish and distribute the draft EIS for public comment. After the
comment period, we will consider all timely comments and revise the
document, as necessary, before issuing a final EIS. To ensure we have
the opportunity to consider and address your comments, please carefully
follow the instructions in the Public Participation section of this
notice.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues
related to this Project to formally cooperate with us in the
preparation of the EIS.\7\ Agencies that would like to request
cooperating agency status should follow the instructions for filing
comments provided under the Public Participation section of this
notice.
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    \7\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
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Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with applicable State Historic Preservation Offices (SHPO), and to
solicit their views and those of other government agencies, interested
federally recognized Indian tribes, and the public on the Project's
potential effects on historic properties.\8\ We will define the
Project-specific Area of Potential Effects (APE) in consultation with
the SHPOs as the Project develops. On natural gas facility projects,
the APE at a minimum encompasses all areas subject to ground
disturbance (examples include construction right-of-way, contractor/
pipe storage yards, compressor stations, and access roads). Our EIS for
this project will document our findings on the impacts on historic
properties and summarize the status of consultations under section 106.
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    \8\ The Advisory Council on Historic Preservation regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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Currently Identified Environmental Issues

    Based on our preliminary review of the project; information
provided by Algonquin; and public comments filed in the Commission's
administrative record and submitted to staff at the applicant-sponsored
open houses, we have identified several issues that we think deserve
attention. This preliminary list of issues may change based on your
comments and our ongoing environmental analysis. These issues are:
     Project reliability, pipeline and LNG storage tank
integrity;
     public safety;
     impacts on property values;
     environmental justice;
     compressor station emissions and noise;
     impacts on land use; and
     impacts on groundwater.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities and construction
workspaces, and anyone who submits comments on the Project. We will
update the environmental mailing list as the analysis proceeds to
ensure that we send the information related to this environmental
review to all individuals, organizations, and government entities
interested in and/or potentially affected by the planned Project.
    When we publish and distribute the EIS, copies will be sent to the
environmental mailing list for public

review and comment. If you would prefer to receive a paper copy of the
document instead of the CD version or would like to remove your name
from the mailing list, please return the attached Information Request
(Appendix 3).

Becoming an Intervenor

    In addition to involvement in the EIS scoping process, once
Algonquin files its application with the Commission, you may want to
become an ``intervenor,'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Motions to intervene are more fully described at
http://www.ferc.gov/resources/guides/how-to/intervene.asp. Instructions
for becoming an intervenor are in the ``Document-less Intervention
Guide'' under the ``e-filing'' link on the Commission's Web site.
Please note that the Commission will not accept requests for intervenor
status at this time. You must wait until the Commission receives a
formal application for the Project, which is currently anticipated to
be sometime in November 2016.

Additional Information

    Additional information about the Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., PF16-
1). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: April 29, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-10667 Filed 5-5-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 218 (Tuesday, November 12, 2013)]
[Proposed Rules]
[Pages 67320-67321]
[FR Doc No: 2013-26928]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR part 25

[Docket No. FAA-2013-0902; Notice No. 25-13-25-SC]

Special Conditions: Airbus, Model A350-900 series Airplane; Pitch
and Roll Limiting by Electronic Flight Control System

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This action proposes special conditions for the Airbus Model
A350-900 series airplanes. This airplane will have a novel or unusual
design feature(s) associated with the Electronic Flight Control System
that limits pitch and roll attitude functions. The applicable
airworthiness regulations do not contain adequate or appropriate safety
standards for this design feature. These proposed special conditions
contain the additional safety standards that the Administrator
considers necessary to establish a level of safety equivalent to that
established by the existing airworthiness standards.

DATES: We must receive your comments by December 27, 2013.

ADDRESSES: Send comments identified by docket number FAA-2013-0902
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC, 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
Privacy: The FAA will post all comments it receives, without change, to
http://www.regulations.gov/, including any personal information the
commenter provides. Using the search function of the docket Web site,
anyone can find and read the electronic form of all comments received
into any FAA docket, including the name of the individual sending the
comment (or signing the comment for an association, business, labor
union, etc.). DOT's complete Privacy Act Statement can be found in the
Federal Register published on April 11, 2000 (65 FR 19477- 19478), as
well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except federal holidays.

FOR FURTHER INFORMATION CONTACT: Joe Jacobsen, FAA, Airplane and
Flightcrew Interface Branch, ANM-111, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue SW., Renton,
Washington, 98057-3356; telephone<PHONE_NUMBER>; facsimile (425) 227-
1320.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive on or before the closing
date for comments. We may change these proposed special conditions
based on the comments we receive.

Background

    On August 25, 2008, Airbus applied for a type certificate for their
new Model A350-900 series airplane. Later, Airbus requested and the FAA
approved an extension to the application for FAA type certification to
June 28, 2009, The Model A350-900 series has a conventional layout with
twin wing-mounted Rolls-Royce Trent engines. It features a twin aisle
9-abreast economy class layout, and accommodates side-by-side placement
of LD-3 containers in the cargo compartment. The basic Model A350-900
series configuration will accommodate 315 passengers in a standard two-
class arrangement. The design cruise speed is Mach 0.85 with a Maximum
Take-Off Weight of 602,000 lbs. Airbus proposes the Model A350-900
series to be certified for extended operations (ETOPS) beyond 180
minutes at entry into service for up to a 420-minute maximum diversion
time.
    A special condition to supplement Sec.  25.143 concerning pitch and
roll limits was developed for the Airbus A320, A330, A340, and A380
Models wherein performance of the limiting functions was monitored
throughout the flight test program. The FAA expects similar monitoring
to take place during the A350 flight test program in order to
substantiate the pitch and roll attitude limiting functions and the
appropriateness of the chosen limits.

Type Certification Basis

    Under Title 14, Code of Federal Regulations (14 CFR) 21.17, Airbus
must show that the Model A350-900 series meets the applicable
provisions of 14 CFR part 25, as amended by Amendments 25-1 through 25-
128.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Model A350-900 series because of a
novel or unusual design feature, special conditions are prescribed
under Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same or similar
novel or unusual design feature, the proposed special conditions would
also apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and
proposed special conditions, the Model A350-900 series must comply with
the fuel vent and exhaust emission requirements of 14 CFR part 34 and
the noise certification requirements of 14 CFR part 36 and the FAA must
issue a finding of regulatory adequacy under Sec.  611 of Public Law
92-574, the ``Noise Control Act of 1972.''

    The FAA issues special conditions, as defined in 14 CFR 11.19,
under Sec.  11.38, and they become part of the type-certification basis
under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Airbus Model A350-900 series will incorporate the following
novel or unusual design features: an Electronic Flight Control system
(EFCS), that when operating in its normal mode, will prevent airplane
pitch attitudes greater than +30 degrees and less than -15 degrees, and
roll angles greater than plus or minus 67 degrees. In addition,
positive spiral stability is introduced for roll angles greater than 33
degrees at speeds below VMO/MMO. At speeds
greater than VMO and up to VDF, maximum aileron
control force is limited to only 45 degrees maximum bank angle.

Discussion

    It is expected that high thrust-to-weight ratios will provide the
most critical cases for the positive pitch limit. A margin in pitch
control must be available to enable speed control in maneuvers such as
climb after takeoff, and balked landing climb. The pitch limit must not
impede likely maneuvering made necessary by collision avoidance
efforts. A negative pitch limit must similarly not interfere with
collision avoidance capability or with attaining and maintaining speeds
near VMO/MMO for emergency descent.
    Spiral stability, which is introduced above 33 degrees roll angle,
and the roll limit must not restrict attaining roll angles up to 66
degrees (approximately 2.5g level turn) with flaps up and 60 degrees
(approximately 2.0g level turn) with flaps down. The implementation of
this spiral stability will require a steady aileron control force to
maintain a constant bank angle above 33 degrees. This force must not
require excessive pilot strength as stated in Sec.  25.143(f).

Applicability

    As discussed above, these proposed special conditions apply to
Airbus Model A350-900 series airplanes. Should Airbus apply later for a
change to the type certificate to include another model incorporating
the same novel or unusual design feature, the proposed special
conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on the Airbus Model A350-900 series airplanes. It is not a rule of
general applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the
following special conditions as part of the type certification basis
for Airbus Model A350-900 series airplanes.
    In addition to Sec.  25.143, the following requirements apply:
    1. The pitch limiting function must not impede normal maneuvering
for pitch angles up to the maximum required for normal maneuvering,
including a normal all-engines operating takeoff, plus a suitable
margin to allow for satisfactory speed control.
    2. The pitch and roll limiting functions must not restrict or
prevent attaining pitch attitudes necessary for emergency maneuvering
or roll angles up to 66 degrees with flaps up, or 60 degrees with flaps
down. Spiral stability, which is introduced above 33 degrees roll
angle, must not require excessive pilot strength to achieve these limit
roll angles. Other protections, which further limit the roll capability
under certain extreme angle of attack or attitude or high speed
conditions, are acceptable, as long as they allow at least 45 degrees
of roll capability.

    Issued in Renton, Washington, on October 22, 2013.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-26928 Filed 11-8-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)]
[Notices]
[Pages 42389-42390]
[FR Doc No: 2017-18932]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 32802; 812-14777]

Eagle Series Trust, et al.

August 31, 2017.
AGENCY: Securities and Exchange Commission.

ACTION: Notice.

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    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 15(a) of
the Act and rule 18f-2 under the Act, as well as from certain
disclosure requirements in rule 20a-1 under the Act, Item 19(a)(3) of
Form N-1A, Items 22(c)(1)(ii), 22(c)(1)(iii), 22(c)(8) and 22(c)(9) of
Schedule 14A under the Securities Exchange Act of 1934, and Sections 6-
07(2)(a), (b), and (c) of Regulation S-X (``Disclosure Requirements'').
The requested exemption would permit an investment adviser to hire and
replace certain subadvisers without shareholder approval and grant
relief from the Disclosure Requirements as they relate to fees paid to
the subadvisers. The requested order would supersede a prior order.\1\
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    \1\ Eagle Capital Appreciation Fund, et al., Investment Company
Act Rel. Nos. 31239 (Sep. 3, 2014) (notice) and 31269 (Sep. 29,
2014) (order).

Applicants: Eagle Capital Appreciation Fund, Eagle Growth & Income Fund
and Eagle Series Trust (each, a ``Trust'' and collectively, the
``Trusts''), each a Massachusetts business trust registered under the
Act as an open-end management investment company with multiple series
(each a ``Fund''), and Carillon Tower Advisers, Inc. (the ``Initial
Adviser''), a Florida corporation registered as an investment adviser
under the Investment Advisers Act of 1940 (collectively with the
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Trusts, the ``Applicants'').

Filing Dates: The application was filed May 17, 2017, and amended on
August 22, 2017.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving Applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on September 25, 2017, and should be accompanied by proof of
service on the Applicants, in the form of an affidavit or, for lawyers,
a certificate of service. Pursuant to rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES:  Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090. Applicants: Susan L. Walzer,
Carillon Tower Advisers, Inc., 880 Carillon Parkway, St. Petersburg, FL
33716 and Kathy Kresch Ingber, K&L Gates LLP, 1601 K Street NW.,
Washington, DC 20006-1600.

FOR FURTHER INFORMATION CONTACT:  Laura L. Solomon, Senior Counsel, at
(202) 551-6915, or David Marcinkus, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

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

Summary of the Application

    1. The Adviser serves as the investment adviser to each Fund
pursuant to an investment advisory agreement with the Fund (the
``Investment Advisory Agreement'').\2\ The Adviser provides the Funds
with continuous and comprehensive investment management services
subject to the supervision of, and policies established by, each
Trust's board of Trustees (``Board''). The Investment Advisory
Agreement permits the Adviser, subject to the approval of the Board, to
delegate to one or more subadvisers (each, a ``Subadviser'' and
collectively, the ``Subadvisers'') the responsibility to provide the
day-to-day portfolio investment management of each Fund, subject to the
supervision and direction of the Adviser.\3\ The primary responsibility
for managing the Subadvised Funds will remain vested in the Adviser.
The Adviser will hire, evaluate, allocate assets to and oversee the
Subadvisers, including determining whether a Subadviser should be
terminated, at all times subject to the authority of the Board.
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    \2\ Applicants request relief with respect to the named
Applicants, as well as to any future Fund and any other existing or
future registered open-end management investment company or series
thereof that intends to rely on the requested order in the future
and that: (i) Is advised by the Adviser; (ii) uses the multi-
manager structure described in the application; and (iii) complies
with the terms and conditions of the application (each, together
with any Fund that currently uses the multi-manager structure
described in the application, a ``Subadvised Fund''). The term
``Adviser'' means (i) the Initial Adviser, (ii) its successors, and
(iii) any entity controlling, controlled by, or under common control
with, the Initial Adviser or its successors. For purposes of the
requested order, ``successor'' is limited to an entity resulting
from a reorganization into another jurisdiction or a change in the
type of business organization.
    \3\ A ``Subadviser'' for a Fund is (1) an indirect or direct
``wholly owned subsidiary'' (as such term is defined in the Act) of
the Adviser, or (2) a sister company of the Adviser that is an
indirect or direct ``wholly-owned subsidiary'' (as such term is
defined in the Act) of the same company that, indirectly or
directly, wholly owns the Adviser (each of (1) and (2) a ``Wholly-
Owned Subadviser'' and collectively, the ``Wholly-Owned
Subadvisers''), or (3) not an ``affiliated person'' (as such term is
defined in Section 2(a)(3) of the Act) of a Fund or the Adviser,
except to the extent that an affiliation arises solely because the
Subadviser serves as a subadviser to one or more Funds (each a
``Non-Affiliated Subadviser'' and collectively, the ``Non-Affiliated
Subadvisers'').
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    2. Applicants request an exemption to permit the Adviser, subject
to Board approval, to hire certain Subadvisers pursuant to subadvisory
agreements (each, a ``Subadvisory Agreement'' and collectively, the
``Subadvisory Agreements'') and materially amend Subadvisory Agreements
without obtaining the shareholder approval required under section 15(a)
of the Act and rule 18f-2 under the Act.\4\ Applicants also seek an
exemption from the Disclosure Requirements to permit a Subadvised Fund
to disclose (as both a dollar amount and a percentage of the Subadvised
Fund's net assets): (a) The aggregate fees paid to the Adviser and any
Wholly-Owned Subadvisers; (b) the aggregate fees paid to Non-Affiliated
Subadvisers, and (c) the fee paid to each Affiliated Subadviser.
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    \4\ The requested relief will not extend to any subadviser,
other than a Wholly-Owned Subadviser, who is an affiliated person,
as defined in section 2(a)(3) of the Act, of the Subadvised Fund or
of the Adviser, other than by reason of serving as a subadviser to
one or more of the Subadvised Funds (``Affiliated Subadviser'').
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    3. Applicants agree that any order granting the requested relief
will be subject to the terms and conditions stated in the application.
Such terms and conditions provide for, among other safeguards,
appropriate disclosure to Subadvised Fund's shareholders and
notification about subadvisory changes and enhanced Board oversight to
protect the interests of the Subadvised Fund's shareholders.
    4. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction or any class or classes of
persons, securities, or transactions from any provisions of the Act, or
any rule thereunder, if such relief is necessary or appropriate in the
public interest and consistent with the

protection of investors and purposes fairly intended by the policy and
provisions of the Act. Applicants believe that the requested relief
meets this standard because, as further explained in the application,
the Investment Advisory Agreements will remain subject to shareholder
approval, while the role of the Subadvisers is substantially equivalent
to that of individual portfolio managers, so that requiring shareholder
approval of Subadvisory Agreements would impose unnecessary delays and
expenses on the Subadvised Fund. Applicants believe that the requested
relief from the Disclosure Requirements meets this standard because it
will improve the Adviser's ability to negotiate fees paid to the
Subadvisers that are more advantageous for the Subadvised Fund.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-18932 Filed 9-6-17; 8:45 am]
 BILLING CODE 8011-01-P